Murder and Non-negligent Manslaughter - the willful (non-negligent) killing of a human being by another.
Manslaughter by Negligence – the killing of another person through gross negligence.
Sex Assault – any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.
-
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. This offense includes the rape of both males and females.
-
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.
-
Incest – non-forcible 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 statutory 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 or violence and/or by putting the victim in fear.
Aggravated Assault – an unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault is usually accompanied using a weapon or by means likely to produce death or great bodily harm.
Burglary – the unlawful entry of (or attempt to enter) a structure (defined as 4 walls + roof + door) to commit a felony or theft (excludes vehicle burglary, shoplifting, and thefts from open areas).
Motor Vehicle Theft – the theft or attempted theft of a motor vehicle (motorized vehicle that runs on land intended to transport persons from one place to another - including e-bikes, motor scooters, golf carts, etc.; Includes joyriding).
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.
Hate Crimes
A hate crime is a criminal offense (Clery-reportable crime) that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim. Categories of bias are race, religion, sexual orientation, gender, gender identity, ethnicity, national origin, and disability. Hate crimes include all Criminal Offenses listed above (except Manslaughter by Negligence), as well as Larceny-Theft, Simple Assault, Intimidation, and Destruction /Damage/Vandalism of Property.
Categories of Bias
-
Race - a preformed negative attitude toward a group of persons who possess common physical characteristics 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 group of personal based on their sexual attraction toward, and responsiveness to, members of their own sex or members of the opposite sex.
-
Gender – a preformed negative opinion or attitude toward a group of persons because those persons are male or female.
-
Gender Identity – a preformed negative opinion or attitude toward a group of persons because of the gender identity of those persons.
-
Ethnicity – a preformed negative opinion or attitude toward a group of persons of the same race or national origin who share common or similar traits, languages, customs, and traditions.
-
National Origin – a preformed negative opinion about a group of persons based upon their being from a particular country or part of the world.
-
Disability – a preformed negative opinion or attitude toward a group of persons based on their physical or mental impairments/challenges, whether such disability is temporary or permanent, congenital or acquired by heredity, accident injury, advanced age, or illness.
Additional Hate Crime Criminal Offenses
-
Larceny/Theft – the unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. (Constructive possession is the condition in which a person does not have physical custody or possession but is able to exercise dominion or control over a thing.) Classify as Larceny: thefts of bicycles or automobile accessories; shoplifting; pocket-picking; stealing of property not taken by force, violence, or fraud; attempted larcenies.
-
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 with threatening words and/or other conduct but without displaying a weapon or subjecting the victim to actual physical attack.
-
Destruction/Damage/Vandalism or Property (except Arson) – 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.
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 in common;
-
a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
-
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
-
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.
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.
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.
Sexual Assault - see under “Criminal Offenses” as primary Clery-reportable crimes.
Weapon Law Violation – 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.
Drug Law Violation – The violation of laws prohibiting the production, cultivation, distribution, and/or use of certain controlled substances and the equipment or devices utilized in the preparation and/or use. The unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation, or importation of any controlled drug or narcotic substance.
Liquor Law Violation – 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.
Hazing - any intentional, knowing, or reckless act committed by a person(s) against another person(s) regardless of the willingness of such other person(s) to participate that:
-
is committed in the course of an initiation into, an affiliation with, or the maintenance of membership in, a student organization; and
- causes or creates a risk, above the reasonable risk encountered in the course of participation at the [College] or the organization (such as the physical preparation necessary for participation in an athletic team), or physical or psychological injury.