Franklin & Marshall College Franklin & Marshall College

Reportable Crimes Under the Clery Act-Beyond Sexual Misconduct

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, or Clery Act, is the federal law that requires colleges and universities to disclose information about crime on and around their campuses. The Act requires Franklin & Marshall and other higher-education institutions to report crime statistics (and issue timely warnings when there is an immediate and continuing threat on campus) related to 15 serious crimes, especially sexual assault. Sexual harassment and discrimination are not covered by the Clery Act, but reporting of such incidents is required under Title IX.
Employee responsibilities under Clery relate to the crimes covered by Clery, except sexual assault or harassment. For the applicable crimes, employees are expected to report crimes covered by Clery to the Department of Public Safety without delay. Employees may choose but are not required to provide personally identifiable information (the name of the victim, the name of the accused individual, and other identifying details about witnesses, specific location, etc.) unless a clear threat to health or safety is present, as determined by the College's Threat Assessment Team.
The Clery Act does not establish an obligation for Public Safety to conduct an investigation of the reported crime, only to report the crime as a statistic following Clery guidelines. In some cases, the Department of Public Safety may also be required to release a timely warning to the community about a threat to the community. In such cases, an initial investigation or determination of the nature of the threat may be conducted, after which a warning will be issued immediately.
The following crimes should be reported the Department of Pulic Safety:
  • Murder & Non-Negligent Manslaughter--The willful killing of one human being by another.
  • Negligent Manslaughter--The killing of another person through gross negligence.
  • 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 usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm. (It is not necessary that injury result from an aggravated assault when a gun, knife or other weapon is used that could and probably would result in serious personal injury if the crime were successfully completed.)
  • Burglary--The unlawful entry of a structure to commit a felony or a theft. For reporting purposes this definition includes: unlawful entry with intent to commit a larceny or 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 (this classiefies as motor vehicle theft all cases where automobiles are taken by persons not having lawful access even though the vehicles are later abandoned, including 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.
  • Arrests for 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; and all attempts to commit any of the aforementioned.
  • Arrests for 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 (Demerol, methadones); and dangerous nonnarcotic drugs (barbiturates, Benzedrine). 
  • Arrests for Liquor Law Violations--The violation of laws or ordinances prohibiting: the manufacture, sale, transporting, furnishing, or 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; and all attempts to commit any of the aforementioned. (Drunkenness & driving under the influence are not included in this definition.)
  • Disciplinary Referrals for Weapon Law Violations
  • Disciplinary Referrals for Drug Abuse Violations
  • Disciplinary Referrals for Liquor Law Violations
  • Hate Crimes
Sex Offenses

The following sex offenses should be reported to the Title IX Coordinator for offenses involving a student or to the Director of Human Resources for incidents involving non-student employees:

  • Non-consensual sexual touching- any intentional sexual touching, however slight, with any body part or object without consent.
  • Sexual harassment-gender-based verbal, non-verbal or physical conduct that has the purpose or effect of unreasonably interfering with an individual's work or academics or creates a humiliating, degrading, intimidating, hostile, or offensive working, educational or living environment. Sexually offensive language and activities in the College's public spaces constitute harassement. Stalking either electronically or inperson constitutes harassment.
  • Domestic Violence- includes violence committed by the victim's current or former: spouse, cohabitant, person similarly situated or anyone protected under domestic or family violence law.
  • Dating Violence- by a person who has been in a romantic or intimate relationship with the victim gauged by its length, type and frequency of interaction.
  • Stalking-is a course of conduct directed at a specific person that would cause a reasonable person to fear for her/his or other's safety or to suffer substantial emotional distress. (Electronic stalking via phone, text, email or other web-based means is considered to be stalking.)
  • Sexual exploitation-occurs wehn a person takes a non-consensual or abusive sexual advantage of another to benefit or advantage anyone other than the one being exploited. Examples include: non-consensual video or audio-taping, permitting others to secretly observe sexual activity, sexual activity with another when infected with an STD without informing them of the infection.