Understanding the Clery Report

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, is a federal law that requires colleges and universities to disclose certain timely warnings and annual information about campus crime and security policies. All public and private institutions of postsecondary education participating in federal student aid programs are required to follow the mandates of the Clery commission.



The Clery Act was signed into law in 1990 as the Crime Awareness and Campus Security Act of 1990. It was supported by Howard & Connie Clery after their daughter Jeanne was murdered at Lehigh University in 1986. They also founded the non-profit Security On Campus, Inc. in 1987. Amendments to the Act in 1998 renamed it in memory of Jeanne Clery.

Annual Report

Schools have to publish an annual report every year by October 1st that contains 3 years’ worth of campus crime statistics and certain security policy statements including sexual assault policies which assure basic victims’ rights, the law enforcement authority of campus police and where students should go to report crimes. The report is to be made available automatically to all current students and employees while prospective students and employees are to be notified of its existence and afforded an opportunity to request a copy.

Crime Statistics

Each school must disclose crime statistics for the campus, 1 mile radius of the campus, and certain non-campus facilities including Greek housing and remote classrooms. The statistics must be gathered from campus police or security, local law enforcement, and other school officials who have "significant responsibility for student and campus activities" such as student judicial affairs directors. Professional mental health and religious counselors are exempt from reporting obligations, but may refer patients to a confidential reporting system.

Crimes are reported in the following seven (7) major categories, with several sub-categories:

  1. Criminal Homicide:
    a. Murder and Non-negligent Manslaughter
    b. Negligent manslaughter
  2. Sex Offenses:
    a. Forcible Sex Offenses (includes rape)
    b. Non-forcible Sex Offenses
  3. Robbery
  4. Aggravated Assault
  5. Burglary
  6. Motor Vehicle Theft
  7. Arson

Schools are also required to report the following three types of incidents if they result in either an arrest or disciplinary referral:

  1. Liquor Law Violations
  2. Drug Law Violations
  3. Illegal Weapons Possession

WILMINGTON UNIVERSITY TAKES SERIOUSLY THE RESPONSIBILITY TO REPORT CRIMES. TO ACCESS THE MOST RECENT COPY OF THE WILMINGTON UNIVERSITY CLERY REPORT, PLEASE CLICK THE TAB THAT SAYS ANNUAL SECURITY REPORT.

Any questions, concerns or further information please contact Wilmington University’s Clery Compliance Officer:

Wyatt A. Foraker
Constable
Clery Compliance Officer
Office: 302-356-6942
wyatt.a.foraker@wilmu.edu


Clery Terms & Guide


Crime Categories Covered

Institutions of higher education must include four distinct categories of crime in their Annual Security Report (ASR) crime data. Hierarchy Rule: Must be used when counting multiple offenses. This requires that for the most part only the most serious offense be counted when more than one offense was committed during a single incident. A single incident means that the offenses must be committed at the same time and place; and that the time interval and distance between the offenses were insignificant.

Criminal Offenses

  • Criminal homicide: murder and non-negligent manslaughter, manslaughter by negligence
  • Sexual assault: rape, fondling, incest, statutory rape
  • Robbery
  • Aggravated assault
  • Burglary
  • Motor vehicle theft
  • Arson

Hate Crimes (any of the above mentioned offenses, and any incidents of)

  • Larceny-theft
  • Simple assault
  • Intimidation
  • Destruction/damage/vandalism of property

VAWA Offenses

  • Domestic violence
  • Dating violence
  • Stalking

Arrests and Referrals for Disciplinary Action

  • Weapons law violations
  • Drug abuse violations
  • Liquor law violations

Victim Rights, Options, and Resources
Victims of sexual assault, domestic violence, dating violence, and stalking have specific rights, options, and resources guaranteed to them by the Clery Act.

Prevention Education
Institutions are required to provide to students and employees, on an introductory and ongoing basis, prevention and awareness programs on the crimes covered above. These programs must include material on bystander intervention and risk reduction aimed at recognizing the warning signs of these crimes.

Student and Employee Rights
Institutions must provide victims of the crimes covered above with a written explanation of their rights. These rights include the option for a relocation/change of housing, transportation, or academic course assignment. They also include access to counseling services, legal services, and law enforcement notification.

Disciplinary Proceedings
All disciplinary proceedings must be conducted by trained staff and faculty members at the institution — either individuals or panels of trained persons. Proceedings are required to be prompt, fair, and impartial, and must confer certain procedural rights to both the accuser and the accused.


Definitions of Offenses


Murder/Manslaughter

Murder/Non-Negligent Manslaughter: The willful (non-negligent) killing of one human being by another.

Count:

  • One offense per victim.
  • Deaths caused by injuries received in a fight, argument, quarrel or commission of a crime.

Do not count:

  • Suicides, traffic fatalities, fetal deaths, situational heart attacks, accidental deaths, assaults, attempt to murder and justifiable homicide.

Negligent Manslaughter: Killing of another person through gross negligence.

Count:

  • One offense per victim.

Do not count:

  • Deaths due to own negligence, accidental deaths not resulting from gross negligence and traffic fatalities.

Sex Offenses

Forcible: Any sexual act directed against another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent. For sex offenses only, you must use the National Incident-Based Reporting System (NIBRS) Edition of the Uniformed Crime Report (UCR).

Forcible Rape: Carnal knowledge of a person forcibly or against the persons will; or not forcibly or against the person’s will where the victim is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity (or because of his/her youth).

Count:

  • Victims not offenders.
  • Use or threat of force counts as forcible regardless of a victim’s age.
  • Include males and females.

Forcible Sodomy: Oral or anal sexual intercourse with another person, forcibly and/or against that person’s will; or not forcibly or against that person’s will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

Count:

  • Victims not offenders.
  • Use or threat of force counts as forcible regardless of a victim’s age.
  • Include males and females.

Sexual Assault with an Object: Use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable or giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

Count:

  • Victims not offenders.
  • Any object other than the offender’s genitalia such as a finger, bottle, handgun, stick, ect.
  • Include males and females.

Forcible Fondling: Touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person’s will or, not forcibly or against the person’s will where the victim is incapable of his/her mental incapacity.

Count:

  • Victims not offenders.
  • Indecent liberties and child molestation.
  • Include males and females.

Sex Offenses — Non-Forcible: Unlawful, non-forcible sexual intercourse. For sex offenses only, you must use the National Incident-Based Reporting System (NIBRS) Edition of the UCR.

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

Count:

  • Victims not offenders. Include males and females.

Statutory Rape: Non-forcible sexual intercourse with a person who is under the age of consent.

Count:

  • Victims not offenders.
  • Victims that fit your state’s statutory limit.
  • Include males and females.

Do not count:

  • If force or threats used or victim unable to give consent then count as forcible rape.

Robbery

Robbery: Taking or attempting to take anything of value from the care, custody of a person by force or threat of force or violence and/or by putting the victim in fear.

Robbery with a Firearm: Use of any firearm as a weapon or employed as a means of force to threaten the victim or put the victim in fear.

Count:

  • One offense per distinct operation (incident) including attempts.
  • Carjacking counts only robbery and not as a motor vehicle theft.

Do not count:

  • Number of victims robbed, those present or the number of offenders.
  • If force or threat of force does not exist, such as a pick-pocket or purse snatching.
  • If injury results in death, count as homicide.

Robbery with a Knife or Cutting Instrument: Use of a knife, broken bottle, razor, ice pick or other cutting or stabbing instrument as a weapon or as a means of force to threaten the victim or put the victim in fear.

Count:

  • One offense per distinct operation (incident) including attempts.
  • Carjacking counts only as robbery and not as a motor vehicle theft.

Do not count:

  • Number of victims robbed, those present or the number of offenders.
  • If force or threat of force does not exist, such as a pick-pocket or purse snatching.
  • If injury results in death, count as homicide.

Robbery with Other Dangerous Weapon: Use of a club, acid, explosive, brass knuckles, mace, pepper spray or other dangerous weapon used or use is threatened.

Count:

  • One offense per distinct operation (incident) including attempts.
  • Carjacking counts only as robbery and not as a motor vehicle theft.

Do not count:

  • Number of victims robbed, those present or the number of offenders.
  • If force or threat of force does not exist, such as a pick-pocket or purse snatching.
  • If injury results in death, count as homicide.

Strong Arm — Hands, Fists, Feet, Etc.: Includes muggings and similar offenses where personal weapons such as hands, arms, feet, fist and teeth are used or use is threatened to deprive victim of possession.

Count:

  • One offense per distinct operation (incident) including attempts.
  • Carjacking counts only as robbery and not as a motor vehicle theft.

Do not count:

  • Number of victims robbed, those present or the number of offenders.
  • If force or threat of force does not exist, such as a pick-pocket or purse snatching.
  • If injury results in death, count as homicide.

Assault

Aggravated Assault: Unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. Usually accompanied by the use of a weapon or by means likely to produce death or great bodily harm.

Aggravated Assault with a Firearm: Firearm of any type is used or is threatened to be used. Includes revolvers, semi-automatic pistols, shotgun, zip guns, rifles, etc.

Count:

  • One offense per victim.
  • Only count crimes meeting UCR definitions.
  • Offense per victim even if injury does not result if a weapon is used that could have cause serious personal injury.

Do not count:

  • Offenses based on local law classifications or policy definitions.

Aggravated Assault with a Knife or Cutting Instrument: Assaults wherein weapons such as knives, razors, hatchets, axes, cleavers, scissors, glass, broken bottles and ice picks are used as cutting or stabbing objects or when threatened to be used.

Count:

  • One offense per victim.
  • Only count crimes meeting UCR definitions.
  • Offense per victim even if injury does not result if a weapon is used that could have cause serious personal injury.

Do not count:

  • Offenses based on local law classifications or policy definitions.

Aggravated Assault with Other Dangerous Weapon: Use or threatened use of any object as a weapon in which serious injury does or could result. Weapons include mace, pepper spray, clubs, bricks, jack handles, tire irons, bottles or other blunt objects to club or beat victims, Includes explosives, acid, lye, poisoning, scalding, and bombings.

Count:

  • One offense per victim.
  • Only count crimes meeting UCR definitions.
  • Offense per victim even if injury does not result if a weapon is used that could have cause serious personal injury.

Do not count:

  • Offenses based on local law classifications or policy definitions.

Aggravated Assault with Hands, Fists, and Teeth: Attacks using personal weapons (hands, fist, feet, etc.) that result in serious or aggravated injury.

Count:

  • One offense per victim.
  • Only count crimes meeting UCR definitions.
  • Offense per victim even if injury does not result if a weapon is used that could have cause serious personal injury.

Do not count:

  • Offenses based on local law classifications or policy definitions.

Burglary

Burglary: Unlawful entry of a structure to commit a felony or a theft.

Forcible Entry: All offenses where force of any kind is used to unlawfully enter a structure for the purpose of committing a theft or felony. Entry through the use of tools; breaking or forcing windows, doors, transom or ventilators; cutting screens, walls or roofs; and if known use of master keys, picks unauthorized keys, celluloid, a mechanical contrivance such as a pass or skeleton key or any device that leaves no outward mark but forces a lock. Include concealment inside a building followed by exiting the structure.

Count:

  • One offense per distinct operation.
  • Only count crimes meeting UCR definitions.
  • One offense for each residence, dorm room or structure if more than one was entered.

Do not count:

  • More than one offense per academic building regardless of the number of classrooms or offices entered.
  • Offenses based on local law classification or institutional policy definitions.

Unlawful Entry — No Force: Entry by use of an unlocked door or window. Include thefts from open garages, open warehouses, open or unlocked dwelling, and open or unlocked common basement areas where entry is someone other than the lawful tenant.

Count:

  • Offenses based on local law classifications or policy definitions.

Burglary: Unlawful entry of a structure to commit a felony or a theft.

Forcible Entry: All offenses where force of any kind is used to unlawfully enter a structure for the purpose of committing a theft or felony. Entry through the use of tools; breaking or forcing windows, doors, transom or ventilators; cutting screens, walls or roofs; and if known use of master keys, picks unauthorized keys, celluloid, a mechanical contrivance such as a pass or skeleton key or any device that leaves no outward mark but forces a lock. Include concealment inside a building followed by exiting the structure.

Count:

  • One offense per distinct operation.
  • Only count crimes meeting UCR definitions.
  • One offense for each residence, dorm room or structure if more than one was entered.

Do not count:

  • More than one offense per academic building regardless of the number of classrooms or offices entered.
  • Offenses based on local law classification or institutional policy definitions.

Attempted Forcible Entry: Forcible entry is attempted but not completed.

Count:

  • One offense per distinct operation.
  • Only count crimes meeting UCR definitions.
  • One offense for each residence, dorm room or structure if more than one was entered.

Do not count:

  • More than one offense per academic building regardless of the number of classrooms or offices entered.
  • Offenses based on local law classification or institutional policy definitions.

Motor Vehicle Theft

Motor Vehicle Theft: The theft or attempted theft of a motor vehicle. There are three classes of motor vehicles: (1) autos, (2) trucks and buses, (3) and other vehicles.

Autos: Sedans, station wagons, coupes, convertibles, sport utility vehicles, minivans and other similar motor vehicles that serve the primary purpose of transporting people from one place to another. Autos used as taxis and station wagons licensed as trucks must be classified as autos.

Count:

  • One offense for each stolen vehicle.
  • When motor vehicle is stolen by a person who does not have legal access or consent.
  • Theft or attempted theft, joy riding and even if vehicle is recovered.

Do not Count:

  • Thefts from motor vehicles.
  • Embezzlement of vehicles.
  • Farm equipment, bulldozers, airplanes, construction equipment or water craft such as motorboats, sailboats, house boats or jet skis.

Trucks/Buses: Includes the theft of those vehicles specifically designed (but not necessarily used) to transport people and cargo.

Count:

  • One offense for each stolen vehicle.
  • When motor vehicle is stolen by a person who does not have legal access or consent.
  • Theft or attempted theft, joy riding and even if vehicle is recovered.

Do not Count:

  • Thefts from motor vehicles.
  • Embezzlement of vehicles.
  • Farm equipment, bulldozers, airplanes, construction equipment or water craft such as motorboats, sailboats, house boats or jet skis.

Other Vehicles: Motor vehicles that meet the UCR definition such as snowmobiles, motorcycles, motor scooters, trail bikes, mopeds, golf carts, all-terrain vehicles and motorized wheelchairs.

Count:

  • One offense for each stolen vehicle.
  • When motor vehicle is stolen by a person who does not have legal access or consent.
  • Theft or attempted theft, joy riding and even if vehicle is recovered.

Do not Count:

  • Thefts from motor vehicles.
  • Embezzlement of vehicles.
  • Farm equipment, bulldozers, airplanes, construction equipment or water craft such as motorboats, sailboats, house boats or jet skis.

Arson

Arson: 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..

Structural: Houses, townhouse, duplexes, apartments, hotels, inns, dormitories, boarding houses, barns, garages, warehouse stores, restaurants, offices, churches, jails, schools, colleges, hospitals, monuments and buildings under construction.

Count:

  • One offense for each distinct arson operation originating within the reporting jurisdiction.
  • Only if investigated. This is only Clery Act offense that requires an investigation prior to including it in statistics.
  • Multiple offenses if in conjunction with the arson. This is the only crime under the Clery Act for which this is true.

Do not count:

  • If origin is not in your jurisdiction.

Mobile: Cars, trucks, buses, motorcycles, trailers, planes, boats.

Count:

  • One offense for each distinct arson operation originating within the reporting jurisdiction.
  • Only if investigated. This is only Clery Act offense that requires an investigation prior to including it in statistics.
  • Multiple offenses if in conjunction with the arson. This is the only crime under the Clery Act for which this is true.

Do not count:

  • If origin is not in your jurisdiction.

Other: Crops, timber, fences, signs, merchandise stored outside a structure.

Count:

  • One offense for each distinct arson operation originating within the reporting jurisdiction.
  • Only if investigated. This is only Clery Act offense that requires an investigation prior to including it in statistics.
  • Multiple offenses if in conjunction with the arson. This is the only crime under the Clery Act for which this is true.

Do not count:

  • If origin is not in your jurisdiction.

Crime Prevention Quick Tips


Crime prevention starts with YOU. By frequently practicing proactive crime prevention techniques, you can reduce the opportunity for a criminal to make you a victim. The following information listed below can help reduce the possibility of becoming a victim:

  • Be aware of your surroundings when approaching and leaving your vehicle.
  • Avoid talking on the phone when walking to your vehicle.
  • Never leave your vehicle running and unattended.
  • Always lock your vehicle, and avoid leaving any valuables in plain view.
  • Be sure to locate your keys before walking to your vehicle.
  • When walking in parking lots keep a secure hold of your purse, handbags and any other items.
  • Make a routine of calling family members or friends before you leave so they know to expect you in a certain amount of time.

Instincts are your guide — listen to them!


Who is a Campus Security Authority?


The Department of Education defines a "Campus Security Authority," (referred hereafter as CSA), as follows:

"An official of an institution who has significant responsibility for student and campus activities, including, but not limited to, student life, student discipline, and campus judicial proceedings." For example, a dean who oversees student life, a student center, or student extra-curricular activities, has significant responsibility for student and campus activities. Similarly, a director of athletics, team coach, and faculty advisor to a student group such as Student Government, or even volunteer coach, also have significant responsibility for student and campus activities. By contrast, an individual teaching faculty member is unlikely to have significant responsibility for student and campus activities, except when serving as an advisor to a student group. Clerical staff are unlikely to have significant responsibility for student and campus activities and therefore, fall outside of Clery’s CSA designation."


Are you a Campus Security Authority? What does that mean?

***ALL Campus Security Authorities are federally mandated reporters of Clery Crimes***

  • Anyone designated by the university as an individual or to which students and employees should report criminal offenses.
  • Any person who has the authority or duty to take action or respond to particular issues on behalf of the university, who also has significant responsibility for student and campus activities, including, but not limited to, student discipline and campus judicial proceedings.
  • Can be part-time or full-time, paid employee or even a volunteer
  • Some examples of job positions at Wilmington University with job functions that qualify as a CSA include but not limited to:
  • Dean of students
  • Student life
  • Coach or assistant coach
  • Student affairs
  • Student Ambassador
  • Academic advisers
  • Athletic trainers

You are not a CSA if…

  • A faculty member who does not have any responsibility for student and campus activity beyond the classroom (i.e. exclusively an instructor)
  • Clerical staff
  • Facilities staff
  • Food service staff

What gets reported?

As a Campus Security Authority, you are required to report all crimes listed below (regardless of desire of reporting party or previous incident involving outside law enforcement) —

  • Criminal homicide (Murder, non-negligent manslaughter, and negligent manslaughter)
  • Sex offenses (forcible and non-forcible): Rape, Sexual Assault with an Object, Sodomy, Fondling
  • Robbery
  • Aggravated Assault
  • Burglary
  • Motor Vehicle Theft (includes unauthorized use)
  • Arson

Also required to be reported:

  • Hate/Bias-Motivated Crimes
  • Arrests and Referrals for Drug, Liquor and Weapons Violation
  • Crimes of Domestic Violence, Dating Violence, and Stalking (VAWA-SAVE ACT)

Contact the Wilmington University Clery Officer with any questions:
Wyatt Foraker at (302) 356-6942 at wyatt.a.foraker@wilmu.edu



Annual Security Report


Please click the link below to see the Annual Security Report:


2015-2016 Annual Security Report

2014-2015 Annual Security Report