JEANNE CLERY ACT
The Jeanne Clery Disclosure of Campus Security Police and Campus Crime Statistics Act is the landmark federal law, originally known as the Campus Security Act, that requires colleges and universities across the United State to disclose information about crime on and around their campuses. Because the law is tied to participation in federal student financial aid programs, it applies to most institutions of higher education both public and private. It is enforced by the U.S. Department of Education.
The Clery Act is named in memory of 19 year-old Lehigh University freshman Jeanne Ann Clery who was raped and murdered while asleep in her residence hall room on April 5, 1986.
School 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. Schools can comply using the Internet, so long as the required recipients are notified and provided the exact Internet address where the report can be found and paper copies are available upon request.
Crimes are reported in the following 7 major categories, with several sub-categories:
- Criminal Homicide (broken down by) - Murder and Non-Negligent Manslaughter and Negligent Manslaughter.
- Sex Offenses (broken down by) - Forcible Sex Offenses, including rape and Non-Forcible Sex Offenses.
- Aggravated Assault
- Motor Vehicle Theft
Schools are also required to report the following 3 types of incidents if they result in either an arrest or disciplinary referral:
- Liquor Law Violations
- Drug Law Violations
- Illegal Weapons Possession. (If both an arrest and referral are made only the arrest is counted).
U.S. Department of Education Campus Security
The statistics are also broken down geographically into "on campus," "residential facilities for students on campus," non-campus buildings, or "on public property" such as streets and sidewalks. Schools can use a map to denote these areas. The report must also indicate if any of the reported incidents, or any other crime involving bodily injury, was a "hate crime."
Michael Minger Act
The Michael Minger Act is a Kentucky State Law that requires public colleges and universities as well as private institutions licensed by the Kentucky Council on Postsecondary Education (CPE) to report campus crimes to their employees, students, and the public on a timely basis.
The law requires a public crime log recording incidents known to campus police and other campus officials, as well as special reports when there is an ongoing threat to the safety of students and employees.
This law was championed by Gail Minger, after her son Michael was killed in an arson fire at Murray State University on September 18, 1998. The law took effect July 14, 2000.
Michael Minger Act Crime Reporting Definitions:
Murder - the killing of one human being by another.
Manslaughter - the killing of another person through negligence.
Reckless homicide - recklessly causing the death of another person.
Assault - an unlawful attach by one person upon another wherein the offender uses a weapon or displays it in a threatening manner, or the victim suffers obvious server or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness.
Menacing - intentionally placing another person in reasonable apprehension of imminent physical injury.
Wanton endangerment - when under circumstances manifesting extreme indifference to the value of human life, a person wantonly engages in conduct which creates a substantial danger of death or serious physical injury to another person.
Terroristic threatening - 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.
Stalking - intentionally stalking another person and making an explicit or implicit threat with the intent to place that person in reasonable fear of sexual contact, serious injury, or death; and a protective order as been issued, or a criminal complaint is currently pending, or the defendant has been convicted of a Class A misdemeanor against the same victim.
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. RAPE - the carnal knowledge of a 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 because of his/her temporary or permanent mental or physical incapacity (or because of his/her youth). FORCIBLE SODOMY - oral or anal sexual intercourse with 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 because of his/her youth or because of his/her temporary or permanent mental or physical incapacity. SEXUAL ASSAULT WITH AN OBJECT - to use 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 of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity. An "object" or "instrument" is anything used by the offender other than the offender's genitalia. FORCIBLE FONDLING - the 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 giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.
Sex offenses, non-forcible - INCEST - non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. STATUTORY RAPE - non-forcible sexual intercourse with a person who is under the statutory age of consent.
Burglary - the unlawful entry into a building or other structure with the intent to commit a felony or a theft.
Criminal damage/mischief - the willful or malicious destruction, injury, disfigurement, or defacement of any public or private property, real or personal, without 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 laws.
Arson - any willful or malicious burning or attempting to burn, with or without the intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc.
Theft - the unlawful taking, carrying, leading or riding away of property from the possession, or constructive possession, of another person.
Motor vehicle theft - the theft of a motor vehicle (automobiles, buses, recreational vehicles, trucks, or any other motor vehicle).
Robbery - the taking, or attempting to take, anything of value under confrontational circumstances from the control, custody, or care of another person by force or threat of force or violence and/or by putting the victim in fear of immediate harm.
Weapons possession - 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. Include violations such as the manufacture, sale or possession of deadly weapons; carrying deadly weapons, concealed or openly; using, manufacturing, etc.
Drug-related 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.
Liquor-law violations - the violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, or use of alcoholic beverages. (DUI and Drunkenness violations are excluded).
Further information: Michael Minger Act