Clery Act Compliance and Statistics

Clery Act Compliance and Crime Statistics

In accordance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, commonly known as the Clery Act; codified at 20 USC 1092 (f) (Clery Act) as a part of the Higher Education Act of 1965, is a federal law that requires colleges and universities participating in HEA's Title IV student financial assistance programs to disclose annual information about campus crime. Each year Howard University files a report with the United States Department of Education stating the incidences of crime on campus.

The Department of Education Handbook for Campus Safety and Security Reporting: https://www2.ed.gov/admins/lead/safety/handbook.pdf

The Clery Act requires colleges and universities to provide the following information:

•  Publish Clery Act Crime Statistics within the Clery Geography
•  Publish an Annual Security Report every year by October 1
•  Publish an Annual Fire Safety Report every year by October 1
•  Publish a Biennial Review every two years
•  Provide Timely Warnings Notices of Clery crimes that pose a threat to the HU
•  Community and constitutes an ongoing or continuing threat to the students, faculty and staff.
•  Provide Emergency Communication if there is an immediate threat to the safety and health to the HU Community
•  Publish Daily Crime Logs for incidents that occurred within the Clery Geography; therefore, any crime that occur on the campus, or within the HUDPS patrol jurisdiction and report to the HUDPS campus police will available to the public
•  Publish Fire Logs of any fire incidents that occurred in a HU on-campus student housing

Clery Act Crime Offenses and Definitions

The following definitions of Clery Act crimes are from the final regulations on the Violence Against Women Reauthorization Act of 2013, published in the Federal Register on October 20, 2014. https://www.federalregister.gov/documents/2014/10/20/2014-24284/violence-against-women-act

Aggravated Assault: An unlawful attack by one person upon another for the purpose of
inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the
use of a weapon or by means likely to produce death or great bodily harm. (It is not necessary
that injury result from an aggravated assault when a gun, knife, or other weapon is used which
could and probably would result in serious personal injury if the crime were successfully
completed.)

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.

Burglary: The unlawful entry of a structure to commit a felony or a theft. For reporting
purposes this definition includes: unlawful entry with intent to commit a larceny or felony;
breaking and entering with intent to commit a larceny; housebreaking; safecracking; and all
attempts to commit any of the aforementioned.

Criminal Homicide - Manslaughter by Negligence:  The killing of another person through gross
negligence.

Criminal Homicide - Murder and Nonnegligent Manslaughter: The willful (nonnegligent) killing
of one human being by another.

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.
The existence of such a relationship shall be determined based on the reporting party’s
statement and with consideration of the length of the relationship, the type of relationship, and
the frequency of interaction between the persons involved in the relationship.
For the purposes of this definition--

1. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
2. Dating violence does not include acts covered under the definition of domestic violence.

Domestic Violence:
A felony or misdemeanor crime of violence committed-
(1) By a current or former spouse or intimate partner of the victim;

(2) By a person with whom the victim shares a child in common;

(3) By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or
intimate partner;

(4) By a person 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

(5) By 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 in which the crime of
violence occurred.

Drug Abuse Violations: The violation of 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 laws, specifically those relating to the unlawful possession, sale,
use, growing, manufacturing, and making of narcotic drugs.

Fondling: The touching of the private body parts of another person for the purpose of sexual
gratification, without the consent of the victim, including instances where the victim is
incapable of giving consent because of his/her age or because of his/her temporary or
permanent mental incapacity.

Hate Crime: A crime reported to local police agencies or to a campus security authority that
manifests evidence that the victim was intentionally selected because of the perpetrator’s bias
against the victim. For the purposes of this section, the categories of bias include the victim’s
actual or perceived race, religion, gender, gender identity, sexual orientation, ethnicity, national
origin, and disability.

Incest: Sexual intercourse between persons who are related to each other within the degrees
wherein marriage is prohibited by law.

*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.

*Larceny-Theft: The unlawful taking, carrying, leading, or riding away of property from the
possession or constructive possession of another. Attempted larcenies are included.
Embezzlement, confidence games, forgery, worthless checks, etc., are excluded.

Liquor Law Violations: The violation of State or local laws or ordinances prohibiting the
manufacture, sale, purchase, transportation, possession, or use of alcoholic beverages, not
including driving under the influence and drunkenness.

Motor Vehicle Theft:  The theft or attempted theft of a motor vehicle. (Classify as motor
vehicle theft all cases where automobiles are taken by persons not having lawful access even
though the vehicles are later abandoned--including joyriding.)

Rape: The 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.

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 or violence and/or by putting the victim in
fear.

Sex Offenses: Any sexual act directed against another person, without the consent of the
victim, including instances where the victim is incapable of giving consent.

Sexual Assault: An offense that meets the definition of rape, fondling, incest, or statutory rape
as used in the FBI’s UCR program and included in Appendix A of [the regulations].

*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.

Stalking:
Engaging in a course of conduct directed at a specific person that would cause a reasonable
person to-
(1) Fear for the person’s safety or the safety of others; or

(2) Suffer substantial emotional distress.
For the purposes of this definition-

(3) Course of conduct means two or more acts, including, but not limited to, acts in 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.

(4) Reasonable person means a reasonable person under similar circumstances and with similar
identities to the victim.

(5) Substantial emotional distress means significant mental suffering or anguish that may, but
does not necessarily, require medical or other professional treatment or counseling.

Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent.

*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.

Weapons Violations: The violation of laws or ordinances prohibiting the manufacture, sale,
purchase, transportation, possession, concealment, or use of firearms, cutting instruments,
explosives, incendiary devices, or other deadly weapons.

 

*These crimes are only reportable if classified as a hate crime.