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Clery Offenses

Clery Offenses

The University of Dallas encourages students, faculty, staff, and visitors to report any crime or suspected crime to the University. The University's crime log is designed, in accordance with the Clery Act and its implementing regulations, to provide information about certain types of offenses that have been reported. Reports of the following types of criminal offenses are included in the University's crime log when they are alleged to have occurred on or near the University's campus.

Federal regulations specify the specific types of crime reports that must be included in the University's crime log and annual crime statistics. (see 34 C.F.R. § 668.46(c)). For purposes of complying with the applicable federal disclosure requirements, the University uses the definitions of those crimes as set out in the federal regulations, or as set forth in the Federal Bureau of Investigation Uniform Crime Reporting Program. Educational institutions use a combination of definitions from the FBI's "Summary Reporting System (SRS) User Manual" and its "National Incident-Based Reporting System (NIBRS) User Manual." As of January 1, 2021, the SRS User Manual has been retired, but the Department of Education continues to use the SRS User Manual for incidents that are defined in both manuals.

Criminal Homicide

Murder and nonnegligent homicide

Murder and nonnegligent homicide means the willful (nonnegligent) killing of one human being by another.

Negligent homicide

Negligent homicide means the killing of another person through gross negligence. (SRS)

Negligent homicide means the killing of another person through negligence. (NIBRS)

Sex Offenses

Forcible rape

Rape means 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 the consent of the victim. (SRS)

Forcible rape (except statutory rape) means the carnal knowledge of a person, forcibly and/or against the person's will or not forcibly or against the person's will in instances where the victim is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity. (NIBRS)

Note: The definition of "rape" under the SRS User Manual has been split in the NIBRS User Manual into "forcible rape," "forcible sodomy," and "sexual assault with an object."

Forcible sodomy

Forcible sodomy means 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 in instances 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. (NIBRS)

Sexual assault with an object

Sexual assault with an object means to use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of another person, forcibly and/or against the person's will or not forcibly or against the person's will in instances 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. (NIBRS)

Forcible fondling

Forcible fondling means the 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

Incest means (nonforcible) sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Statutory rape

Statutory rape means (nonforcible) sexual intercourse with a person who is under the statutory age of consent.

Other Primary Offenses

Robbery

Robbery means 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 putting the victim in fear. (SRS)

Robbery means 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. (NIBRS)

Aggravated assault

Aggravated assault means 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 which could and probably would result in serious personal injury if the crime were successfully completed.) (SRS)

Aggravated assault means an unlawful attack on one person by another wherein the offender uses a weapon or displays it in a threatening manner, or 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. This also includes assault with disease (as in cases when the offender is aware that he/she is infected with a deadly disease and deliberately attempts to inflict the disease by biting, spitting, etc.). (NIBRS)

Burglary / Breaking and entering

Burglary means 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. (SRS)

Burglary/breaking and entering means the unlawful entry into a building or other structure with the intent to commit a felony or a theft. (NIBRS)

Motor vehicle theft

Motor vehicle theft means the theft or attempted theft of a motor vehicle. (All cases where automobiles are taken by persons not having lawful access even though the vehicles are later abandoned – including joyriding.) (SRS)

Motor vehicle theft means the theft of a motor vehicle. (NIBRS)

Arson

Arson means to unlawfully and intentionally damage, or attempt to damage, any real or personal property by fire or incendiary device.

Arson means 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. (SRS)

VAWA Offenses

Dating violence

Dating violence means 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 the persons involved in the relationship.
  • For the purposes of this definition—
    • Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
    • Dating violence does not include acts covered under the definition of domestic violence.

Domestic violence

Domestic violence means 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.

Stalking

Stalking means

  • Engaging in a course of conduct directed at a specific person that would cause a reasonable person to –
    • Fear for the person’s safety or the safety of others; or
    • Suffer substantial emotional distress.
  • For the purposes of this definition –
    • 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.
    • Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
    • Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

Disciplinary Referrals & Arrests

When a person is arrested for liquor laws violations, drug law violations, or illegal weapons possession, or when a person is referred for campus disciplinary action for violation of liquor laws, drug laws, or illegal weapons possession, the incident is included in the University's crime log and annual crime statistics.

Liquor law violation

Liquor law violations means 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 and drunkenness.

Drug law violation

Drug law violations means the violation of laws prohibiting the production, distribution, and/or use of certain controlled substances and the equipment utilized in their preparation and/or use.

Illegal weapons possession

Illegal weapons possession means 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.

Hate Crimes

Hate crime (general definition)

A hate crime is a crime that manifests evidence that the victim was intentionally selected because of the perpetrator's bias against the victim.

  • The categories of bias included in the definition of hate crime are the victim's actual or perceived race, gender, gender identity, religion, sexual orientation, ethnicity, national origin, and disability.
  • The types of crimes included in the definition of hate crime are criminal homicide (murder and negligent manslaughter and negligent manslaughter), sex offenses (rape, fondling, incest, and statutory rape), robbery, aggravated assault, burglary, motor vehicle theft, arson, larceny-theft, simple assault, intimidation, and destruction/damage/vandalism of property.

Larceny-theft

Larceny-theft means 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. (Included if it is a hate crime)

Simple assault

Simple assault means 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. (Included if it is a hate crime)

Intimidation

Intimidation means 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. (Included if it is a hate crime)

Destruction / damage / vandalism of property (except arson)

Destruction/damage/vandalism of property means 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. (Included if it is a hate crime)

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