The Clery Act is a federal law that requires all higher education institutions to collect and publish statistics on specific crimes that occur within defined geographic areas. The purpose of disclosing these statistics is to increase safety awareness within the campus community and, ultimately, to help create a safer environment.
Clery Crimes
- Murder and Non-Negligent Manslaughter: the willful killing of one human being by another.
- Manslaughter by Negligence: the killing of another person by gross negligence.
- Sexual Assault: An offense that meets the definition of rape, fondling, statutory rape, or incest as used in the FBI’s Uniform Crime Reporting (UCR) program. Per the National Incident-Based Reporting System User Manual from the FBI UCR Program, a sex offense is “any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.”
- Rape: penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. This definition includes any gender of vic tims or perpetrator.
- Fondling: the intentional touching of the private body parts of another person for the purpse of sexual gratifica tion without consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or temporary or permanent mental or physical incapacity.
- Incest: sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
- Statutory Rape: sexual intercourse with a person who is under the age of consent.
- Robbery: the taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force, violence, and/or by putting the victim in fear.
- Aggravated Assault: an unlawful attack by once person upon another for the purpose of inflicting severe or aggravat-ed bodily injury.
- Burglary: the unlawful entry of a structure to commit a felony or a theft.
- Motor Vehicle Theft: the theft or attempted theft of a motor vehicle.
- Arson: any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc.
In addition to the primary criminal offenses, the following crimes are also classified as hate crimes when there is evidence that the offense was committed with bias against one of the categories of bias listed below.
- Larceny/Theft: the unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another.
- Simple Assault: an unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness.
- Intimidation: to unlawfully place another person in reasonable fear of bodily harm through the use of threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack.
- Destruction/Damage/Vandalism of Property: to willfully or maliciously destroy, damage, deface, or otherwise injure real or personal property without the consent of the owner or the person having custody or control of it.
Categories of Bias
- Race: a preformed negative attitude toward a group of persons who possess common physical characteristics, e.g., color of skin, eyes, and/or hair; facial features, etc., genetically transmitted by descent and heredity, which distinguish them as a distinct division of humankind.
- Religion: a preformed negative opinion or attitude toward a group of persons who share the same religious beliefs regarding the origin and purpose of the universe and the existence or nonexistence of a supreme being.
- Sexual Orientation: a preformed negative opinion or attitude toward a person or a group of persons based on their actual or perceived gender.
- Gender: a preformed negative opinion or attitude toward a person or group of persons based on their actual or perceived gender.
- Gender Identity: a preformed negative opinion or attitude toward a person or group of persons based on their actual or perceived gender identity, e.g., bias against transgender or gender non-conforming individuals.
- Ethnicity: a preformed negative opinion or attitude toward a group of people whose members identify with each other, through a common heritage, often consisting of a common language, common culture (often including a shared religion) and/or ideology that stresses common ancestry.
- National Origin: a preformed negative opinion or attitude toward a group of people based on their actual or perceived country of birth.
- Disability: a preformed negative opinion or attitude toward a group of persons based on their physical or mental impairments, whether such disability is temporary or permanent congenital or acquired by heredity, accident, injury, advanced age, or illness.
Domestic Violence
A felony or misdemeanor crime of violence committed by—
- A current or former spouse or intimate partner of the victim;
- A person with whom the victim shares a child:
- A person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner;
- A person who similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or
- Any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.
Dating Violence
Violence committed by—
- A person who is or has been in a social relationship of a romantic or intimate nature with the victim; and
- Where the existence of such a relationship shall be determined based on the reporting party’s statement and a consideration of the following factors:
- The length of the relationship
- The type of relationship
- The frequency of interaction between the persons involved in the relationship.
- Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
- Dating violence does not include acts covered under the definition of domestic violence.
Stalking
Engaging in a course of conduct directed at a specific person that would cause a reasonable person to—
- Fear for the person’s safety or the safety of others; or
- Suffer substantial emotional distress.
For the purposes of this definition—
- Course of conduct means two or more acts, including, but not limited to, acts which the stalker directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s property.
- Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
- Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
Hazing: any intentional, knowing, or reckless act committed by a person (whether individually or in concert with another person or persons) regardless of the willingness of such other person or persons to participate, that—
- is committed in the course of an initiation into, an affiliation with, or the maintenance of membership in, a student or organization; and
- causes or creates a risk, above the reasonable risk encountered in the course of participation in the institution of higher education or the organization (such as the physical preparation necessary for participation in an athletic team), of physical or psychological injury including—
- whipping, beating, striking, electronic shocking, placing a harmful substance on someone’s body, or similar activity;
- causing, coercing, or otherwise inducing sleep deprivation, exposure to the elements, confinement in a small space, extreme calisthenics, or other similar activity;
- causing, coercing, or otherwise inducing another person to consume food, liquid, alcohol, drugs, or other substances;
- causing, coercing, or otherwise inducing another person to perform sexual acts;
- any activity against another person that includes a criminal violation of local, State, Tribal, or Federal law; and
- any activity that induces, causes, or requires another person to perform a duty or task that involves a criminal violation of local, State, or Federal law.
For liquor, drug, and weapon offenses, the statistics are divided into two categories: individuals who were arrested and individuals who were referred to UCLA for disciplinary action as the result of a law violation.
- Liquor Law Offenses: the violation of state or local laws or ordinances prohibiting the manufacture, sale, pur chase, transportation, possession, or use of alcoholic beverages, not including driving under the influence and drunkenness.
- Drug Abuse Offenses: the violation of state or local laws prohibiting the production, distribution, and/or use of certain controlled substances and the equipment or devices utilized in their preparation and/or use. The unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation, or importation of any controlled drug or narcotic substance. Arrests for violations of state and local law or ordinances, specifically those relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs.
- Weapon Law Offenses: the violation of state or local laws prohibiting the manufacture, sale, purchase, transportation, possession, concealment or use of firearms, cutting instruments, explosives, incendiary devices or other deadly weapons. This classification encompasses weapons offenses that are regulatory in nature.
Any building or property owned or controlled by UCLA within the same reasonably contiguous geographic area of the core campus, and used by UCLA in direct support of, or in a manner related to UCLA’s educational purposes, including student housing facilities; and any building or property that is within or reasonably contiguous to the core campus that is owned by UCLA, but controlled by another person, is frequently used by students and supports institutional purposes, such as a food or other retail vendor. Additionally, locations within one mile of UCLA core campus are considered for inclusion in the on-campus group. Before these locations are included, their functions and relationship to the university are evaluat-ed.
A building or structure that is owned or controlled by the university and used by students as a dwelling on campus. This category includes student housing located on campus. On-Campus Residential Facilities are considered to be a sub-category of On-Campus.
All public property, including thoroughfares, streets, sidewalks, and parking facilities, that is within the campus, or imme-diately adjacent to and accessible from the campus. This property is owned by a public entity, such as a city or state gov-ernment. Perimeter streets are described in the following way: “Sidewalk—Street—Sidewalk.” This means that a reporta-ble crime occurring on the sidewalk on either side of a perimeter street is reportable, as a well as incidents occurring in the street. But an incident occurring in a building (a privately owned property) on the distant side of a perimeter street would not be included.
Any building or property owned or controlled by a student organization that is officially recognized by UCLA; or any build-ing or property owned or controlled by UCLA that is used in direct support of, or in relation to, the university’s education purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the institu-tion.