NCJ Number
193850
Journal
Campus Law Enforcement Journal Volume: 32 Issue: 1 Dated: January/February 2002 Pages: 32-35
Date Published
2002
Length
4 pages
Annotation
This article identifies some of the more difficult questions asked about the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act.
Abstract
The article includes answers to some questions about complying with the Clery Act. How should “unfounded” complaints be addressed? Each institution that has a campus police or security department must maintain a written, easily understood daily crime log that records any crime on campus. The crime log must include the nature, date, time, and general location of each crime; and the disposition of the complaint, if known. Complaint, in this instance, is police speak for case. So every crime reported to a campus police or security agency must be recorded in the crime log. If the complaint is baseless, then unfounded is the disposition that should be recorded in the crime log. What is the difference between forcible versus nonforcible sex offenses? Many people assume nonforcible sex offenses to have an intuitive meaning of sex offenses in which physical force is not used, such as in many date and acquaintance rapes. In reality, nonforcible sex offenses do not involve force, but they do not include consent-based offenses, such as date or acquaintance rape. The FBI’s Uniform Crime Reporting System is the source of the definitions that are used for Clery Act reporting. According to UCR, nonforcible sexual intercourse includes incest and statutory rape. Consequently, most sex offenses that colleges will report are forcible sex offenses. What if an “acquaintance rape” involves a minor—how is this classified and does the hierarchy rule apply? The hierarchy rule has no bearing on the classification of a case involving the “acquaintance rape” of a minor. Whether the perpetrator of the offense was an acquaintance of the victim or not, if the sexual act was directed against the victim forcibly and/or against that person’s will, or if the victim was incapable of giving consent, the crime should be classified as a forcible sex offense. Two other questions that were addressed by the authors included who is the campus security authority and what is the difference between non-campus building/property and a branch campus?