What are the crimes that must be reported?
  • Murder/Non-negligent manslaughter
  • Negligent manslaughter
  • Sex offenses
  • Non-forcible sex offenses
  • Robbery
  • Aggravated assault
  • Burglary
  • Motor vehicle theft
  • Arson
  • Hate Crimes
  • Stalking (new as of 2013)
  • Dating violence (new as of 2013)
  • Domestic violence (new as of 2013)
How are crimes defined?

Clery uses the crime definitions from the Uniform Crime Reporting Handbook and for sex offenses used the National Incident-Based Reporting System.

Murder/Non-negligent Manslaughter is the willful killing of one person by another.

Example:

Two groups of students get into an argument in a campus parking lot. Jim punches Joe and causes him to hit his head on a concrete sidewalk, inflicting severe head trauma. Two days later, Joe dies.

Negligent Manslaughter is the killing of another through gross negligence.

Example:

Two students are handling a gun at a fraternity house, and one “jokingly” points the gun at the other. Jim fires the gun, and Mike is killed.  Jim claims no knowledge of the gun being loaded.

Forcible Sex Offenses are any sexual act by force, and/or against a person’s will or a person incapable of giving consent.

Example:

A female student reports to campus police that she was forcibly raped in her car in a parking lot on campus by a student from another college.  This is one on-campus Forcible Sex Offense.

Non-Forcible Sex Offenses are unlawful, non-forcible sexual intercourse.  Under Clery there are only two types on Non-Forcible Sex Offenses, incest and statutory rape (age of consent in Kansas is 16).

Robbery is defined by the victim being present, directly confronted by the perpetrator, use of force, threat of force, or victim put in fear that force will be used, and involves a theft or larceny.

Example:

Two students returning to their residence hall at night are approached by three armed men outside of an academic building and told to hand over their wallets. The students comply, and the three armed men leave without harming the students. This is robbery, on-campus.

Aggravated Assault is the unlawful attack for the purpose of inflicting severe bodily injury.

Example:

Brad and Tim were involved in a physical altercation in a campus parking lot. Brad pulled a canister of Mace from his pocket and sprayed Tim in the face, causing him severe burning and discomfort. Tim fled the scene and sought medical attention. This is an aggravated assault, on-campus.

Burglary is the unlawful entry by force or not into a structure (4 walls, roof and a door) for the purpose of committing a felony or theft regardless of success.

Caveat:

If a perpetrator steals an item from an area of open access (i.e., there is no unlawful trespass), the incident is a larceny, not a burglary. Also, if the person was invited into a room and later steals something, this is larceny, not a burglary.

Example:

A student leaves his backpack under the table in a residence hall dining area and another student takes it. This is a larceny. However, if a student leaves his backpack under the table in a residence hall dining area and another student breaks into the building after hours and steals the backpack, that’s a burglary.

Motor Vehicle Theft is a theft or attempted theft of a vehicle.  Motor vehicle includes cars, trucks, buses, motorcycles, motor scooters, motorized wheelchairs, golf carts and all-terrain vehicles.  It is not farm equipment, construction equipment or water craft.

Example:

A laptop is reported stolen from a car in a campus parking lot. This is theft from a car, not a motor vehicle theft.

Arson is defined as willful or malicious burning of a house, public building, motor vehicle, personal property of another.  This includes attempts to burn.

Example:

A student is seen setting fire to an event flyer on a residence hall bulletin board. Investigation determines that the student willfully set fire to the paper. This is arson, on-campus, in a student housing facility.

Stalking is defined as two or more acts* directed at a specific person, and would cause a reasonable person to fear for self, fear for a 3rd person, or suffer other emotional distress. 

*Acts may include:

Following
Observing
Monitoring
Threatening
Surveillance
Communicating to or about a person
Interfering with or damaging a person's property or pet
Contact via electronic communication

Dating Violence is committed by a person who is or has been in an intimate or romantic relationship with the victim.  The term “dating violence” means 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 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

Domestic Violence is committed by any person who physically assaults, threatens, harasses, or interferes with the personal liberty of another. 

This includes:

Family members
People who are married, or used to be married.
Previously dated or currently dating.
Have a child in common.
Share or shared a household (ex: roommates)

What is a hate crime?
A hate crime is a criminal offense committed against a person or property which is motivated by the offender’s bias. In Kansas to be a hate crime the intention of the offender must be known.

Example:

An offender commits robbery, which is a crime. If the facts indicate that the offender was motivated to commit the offense because bias, then the robbery is also classified as a hate crime.

What Hate Crimes must be reported under the Clery Act?

The Criminal Offenses for hate crime reporting include:

  • Murder/Non-negligent manslaughter
  • Sex offense
  • Non-forcible sex offense
  • Robbery
  • Aggravated assault
  • Burglary
  • Motor Vehicle Theft
  • Theft
  • Arson
  • Stalking
  • dating Violence
  • Domestic Violence
  • Larcent-theft
  • Simple Assault
  • Intimidation
  • Vandalism
Besides the type of hate crime offense what else must be reported?

When reporting hate crime offense we must also include the type of bias. Types of bias include:

  • Disabillity
  • Ethnicity
  • Gender
  • Gender identity
  • National orgin
  • Race
  • Religion
  • Sexual orientation
What if I can’t define the crime when I report it to the Title IX Coordinator?

Do not worry about being able to define the crime because the Title IX Coordinator will do that as part of their investigation. Your obligation is to report an incident that you believe may be a crime.

What if a student tells me something in confidence?

You need to explain to the student that you must report the information to the Title IX Coordinator. The victim is not obligated to talk with the police.

Do I need to know where the crime occurred to report a crime?

Technically no; however, it is nearly impossible to investigate a crime without knowing where it happened. For Clery purposes, it will be impossible to count without the location.