Clery Reportable Crime Definitions

For the purposes of counting, classifying and disclosing crime statistics, Ithaca College does so based on the definitions provided by the Federal Bureau of Investigation's (FBI) Uniform Crime Reporting (UCR) Program.

For the categories of Domestic Violence, Dating Violence and Stalking, the Clery Act specifies that Ithaca College must use definitions provided by the Violence Against Women Reauthorization Act (VAWA).

Criminal Offenses

Murder/Non-Negligent Manslaughter: The willful (non-negligent) killing of one human being by another. Deaths caused by suicides, fetal deaths, traffic fatalities, accidental deaths, and justifiable homicides are excluded. Assaults with intent to murder and attempts to murder should be classified as aggravated assault.

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

Sex Offenses: Any sexual act directed against another person, without 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 consent of the victim.

Fondling: 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: 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 from value of 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 usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm.

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

Motor Vehicle Theft: The theft or attempted theft of a motor vehicle by persons not having lawful access to the automobile.

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, or personal property of another kind.

Hate Crimes

A hate crime is a criminal offense that manifests evidence that the victim was intentionally selected because of the perpetrator's bias against the victim. Bias is a performed negative opinion or attitude towards a group of persons based on their race, gender, religion, disability, sexual orientation, ethnicity, national origin or gender identity. For Clery purposes, hate crimes include any of the above offenses and the addition of the categories below:

Larceny-Theft: The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another.

Simple Assault: The 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 lacerations, 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.

Vandalism: To willfully or maliciously destroy, injure, disfigure, or deface any public or private property, real or personal, without the consent of the owner or person having custody or control by cutting, tearing, breaking, marking, painting, drawing, covering with filth, or any other such means as may be specified by local law.

VAWA Offenses

The Violence Against Women Reauthorization Act (“VAWA”), which President Obama signed into law on March 7, 2013 imposes new obligations on colleges and universities under its Campus Sexual Violence Act (“SaVE Act”) provision, Section 304. Under this law the additional crime categories are collected:

Domestic Violence: includes misdemeanor and felony crimes of violence committed against a victim when the offender is the spouse of the victim, a former spouse of the victim, or an intimate partner of the victim, or has a child in common with the victim. Domestic violence also includes misdemeanor or felony crimes of violence when the victim is a minor subject to the control of the offender, or is an incapacitated individual subject to the control of the offender.

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 persons involved in the relationship. Dating violence includes, but is not limited to, sexual or physical abuse or threat of such abuse (Handbook for Campus Safety and Security Reporting, 2016).

Stalking: a course of conduct directed (two or more acts) at a specific person that would cause a reasonable person to fear for her, his, or others' safety, or to suffer substantial emotional distress. Note: the physical location of the course of conduct or portions of it does not matter.

"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" (Handbook for Campus Safety and Security Reporting, 2016).

Sexual Assault: this crime is included by the FBI as a Criminal Offense and is discussed above under the section titled "Criminal Offenses".

Violations of Weapons, Drug Abuse and Liquor Laws

The third category of crime statistics is the number of arrests and the number of referrals for disciplinary action for the categories listed below. In keeping with Ithaca College's Student Code of Conduct, it is possible for a student to not be arrested but, in lieu of arrest, be referred for disciplinary action for one or more of the following offenses:

Weapon Law Violations: the violation of laws or ordinances dealing with weapon offenses, regulatory in nature, such as: manufacture, sale, or possession of deadly weapons; carrying deadly weapons, concealed or openly; furnishing deadly weapons to minors; aliens possessing deadly weapons; all attempts to commit any of the aforementioned.

Drug Abuse Violations: violations of state and local laws relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs. The relevant substances include: opium or cocaine and their derivatives (morphine, heroin, codeine); marijuana; synthetic narcotics; and dangerous non-narcotic drugs).

Liquor Law Violations: violations of laws or ordinance prohibiting the manufacture, sale, transporting, furnishing, possessing of intoxicating liquor; maintaining unlawful drinking places; bootlegging; operating a still; furnishing liquor to a minor or intemperate person; using a vehicle for illegal transportation of liquor; drinking on a train or public conveyance; all attempts to commit any of the aforementioned.