Clery

Federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act)

The Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act (Clery Act for short) became federal law in 1990. It is considered a consumer protection law that focuses on transparency around campus crime policy and statistics. We hope this creates a more transparent culture, fostering trust of prospective families and ensuring an environment that encourages students’ academic and emotional security. For more information on the Clery Act and resources: Clery Center

For questions or to request a print copy, contact the Office of Equity & Compliance at oec@csulb.edu or 562.985.8256.

 

A. If the reported incident constitutes a threat to the safety of the CSULB community, the CSA shall immediately telephone the University Police Department at (562) 985-4101. If the reporting party is a victim of a sex offense, the victim should be encouraged to report the crime directly to the University Police Department. The CSA must file a Clery Report.


B. “Good faith” confidential, second hand or anonymous reports must be accepted and the CSA must file a Clery Report.
 

C. The potential for duplication of reported crimes is not to be a factor in determining whether or not a report is received.


D. This reporting form does not replace or change any existing reporting requirements or procedures established for disciplinary referrals for student
or employee misconduct.
 

E. Hate crimes present a special reporting challenge, because Clery also requires the recording of a “category of bias” that is associated with the reported hate crime incident.

Criminal Homicide (Manslaughter by Negligence)
The killing of another person through gross negligence. (Attempts are classified as aggravated assaults)


Criminal Homicide (Murder and Non-negligent Manslaughter)
The willful (non-negligent) killing of a human being by another. (Attempts are classified as aggravated assaults)


Robbery
The taking or attempting to take anything of value from the care, custody, or control of a person(s) by force or threat of force or violence and/or by fear


Aggravated Assault
An unlawful attack of another for the purpose of inflicting severe or aggravated bodily injury accomplished by the use of a weapon or means likely to produce death or great bodily harm. It is not necessary that an injury results when a gun, knife or other weapon was used, but which could have resulted in serious injury. (Includes attempts)


Burglary
The unlawful entry (or attempt to enter) into a defined structure with the intent to commit a theft or any felony. (Includes attempts, but excludes vehicle burglary.)


Motor Vehicle Theft
Taking of a motor vehicle (as defined) without the consent of the owner with the intent to either permanently or temporarily deprive the owner of the vehicle. (Includes attempts and joyriding)


Arson
The willful or malicious burning or attempt to burn (w/o the intent to defraud) a dwelling house, public building, motor vehicle or aircraft, or personal property of another, etc. (Includes attempts)


Sex Offense (Rape)
Any sexual act directed against another person without their consent or against an incapacitated person (Includes attempts)
a. 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.
b. Incest (sexual intercourse between persons who are related to one another
within the degrees wherein marriage is prohibited by law)
c. Statutory rape (Sexual intercourse with a person who is under the statutory
age of consent - 18 years)


Sexual Battery (Fondling)
Sexual battery (the touching of the intimate parts: sexual organ, anus, groin, or the breast of a female) 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


Domestic Violence
(Sec. 40002(a), VAWA (42 USC 13925(a)(8))
A felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the victim; By a person with whom the victim shares a child in common; By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner; 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 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.


Dating Violence
(Sec. 40002(a), VAWA (42 USC 13925(a)(10))
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 a such a relationship shall be determined based on the reporting party’s statement and with consideration of: (i) length of the relationship, (ii) type of relationship (iii) frequency of interaction between the persons involved in the relationship


Stalking
(Sec. 40002(a), VAWA (42 USC 13925(a)(30))
The term “stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
a. Fear for his/her safety or the safety of others; or
b. suffer substantial emotional distress


Hazing
Any intentional, knowing, or reckless act committed by a person (whether individually or in concert with other persons) against another person or persons regardless of the willingness of such other person or persons to participate, that:
a. is committed in the course of an initiation into, an affiliation with, or the maintenance of membership in, a student organization; and
b. 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

Hate Crime
A criminal act involving one/more of the previous or below listed crimes which was motivated by bias against any person or group of persons, or the property of any person or group of persons because of the race, religion, gender, gender identity, sexual orientation, disability, national origin or ethnicity of the person or group, or bias based upon the perception that the person or group has one or more of those characteristics.
a. Larceny-Theft (Except Motor Vehicle 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.
b. 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.
c. 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.
d. 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.

Weapons Law 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.

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.

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 or drunkenness.

On-Campus (an institution’s core campus): Any building or property owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of, or in a manner related to, the institution’s educational purposes, including residence halls; and Any building or property that is within or reasonably contiguous to paragraph (1) of this definition, that is owned by the institution but controlled by another person, is frequently used by students, and supports institutional purposes (such as a food or other retail vendor).

On-Campus Student Housing: Student housing facility that is owned or controlled by the institution, or is located on property that is owned or controlled by the institution, and is within the reasonably contiguous geographic area that makes up the campus (Hillside, Parkside, Beachside)Public Property: All public property, including thoroughfares, streets, sidewalks, and parking facilities, that is within the campus, or immediately adjacent to and accessible from the campus

Noncampus Property: Any building or property owned or controlled by a student organization that is officially recognized by the institution; or any building or property owned or controlled by an institution that is used in direct support of, or in relation to, the institution’s educational purposes, is frequently used by students, and is not reasonably contiguous to the core campus (includes Blair Field / Greeks / Foundation, etc.)

Off Campus: Locations that are not included above