Bergen Community College

Clery Geography Definitions

• On-Campus – any building or property,
  • Owned or controlled by an IHE within its reasonably contiguous geographic area and used by the IHE in direct support of, or in a manner related to the IHE’s educational purposes.
  • Any building or property that is within or reasonably contiguous to the area identified above, that is owned by the IHE but controlled by another person or group, is frequently used by students, and supports institutional purposes (such as space used by a food or other retail vendor).
• Non-Campus – Any building or property owned or controlled by an IHE that is used in direct support of, or in relation to the IHE’s educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the IHE. Note – an off-campus building leased by the IHE is controlled by the IHE and thus considered Clery geography.
• Public Property – All public property, including thoroughfares, streets, sidewalks, and parking facilities, that are within the campus or immediately adjacent to and accessible from the campus.

Clery Crime Definitions

Criminal Offenses:

• Murder/Non-Negligent Manslaughter: The willful (non-negligent) killing of one human being by another.
• Negligent Manslaughter: The killing of another person through gross negligence.
• Sexual Assault (Sex Offense): Any sexual act directed against another person without the consent of the victim, including instances where the victim is incapable of giving consent, which includes the following:
  • Rape: 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.
  • Fondling: The touching of the private 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: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
  • Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent.

  Note – Sexual assault is a VAWA crime but which the FBI classifies as a criminal offense and reported as such for Clery crime reporting purposes.

• 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 using 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).
• 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, not a theft of someone’s possessions from a motor vehicle. (Classify 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 attempting to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, or personal property of another.

Hate Crimes:

Hate crimes are those in which the victim was intentionally selected because of the perpetrator’s bias against the victim (bias categories below). Hate crimes include any of the criminal offenses and any of the following incidents based on bias against the victim.

• Larceny/theft: 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. (Note: Constructive possession is defined by Black’s Law Dictionary, 6th ed. as “where one does not have physical custody or possession but is in a position to exercise dominion or control over a thing.”)
• Simple assault: 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.
• Intimidation: To unlawfully place another person in reasonable fear of bodily harm using threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack.
• Destruction/damage/vandalism of property: 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.

Bias Categories:

• Race: A preformed negative attitude toward a group of persons who possess common physical characteristics, e.g., color of skin, eyes, and/or hair; facial features, etc., genetically transmitted by descent and heredity which distinguish them as a distinct division of humankind, e.g., Asians, blacks or African Americans, whites.
• Religion: A preformed negative opinion or attitude toward a group of persons who share the same religious beliefs regarding the origin and purpose of the universe and the existence or nonexistence of a supreme being, e.g., Catholics, Jews, Protestants, atheists.
• Sexual Orientation: A preformed negative opinion or attitude toward a group of persons based on their actual or perceived sexual orientation. Sexual Orientation is the term for a person’s physical, romantic, and/or emotional attraction to members of the same and/or opposite sex, including lesbian, gay, bisexual, and heterosexual (straight) individuals.
• Gender: A preformed negative opinion or attitude toward a person or group of persons based on their actual or perceived gender, e.g., male or female.
• Gender Identity: A preformed negative opinion or attitude toward a person or group of persons based on their actual or perceived gender identity, e.g., bias against transgender or gender non-conforming individuals. (Gender non-conforming describes a person who does not conform to the gender-based expectations of society, e.g., a woman dressed in traditionally male clothing or a man wearing makeup. A gender non-conforming person may or may not be a lesbian, gay, bisexual, or transgender person but may be perceived as such).
• Ethnicity: A preformed negative opinion or attitude toward a group of people whose members identify with each other, through a common heritage, often consisting of a common language, common culture (often including a shared religion) and/or ideology that stresses common ancestry. The concept of ethnicity differs from the closely related term “race” in that “race” refers to a grouping based mostly upon biological criteria, while “ethnicity” also encompasses additional cultural factors.
• National Origin: A preformed negative opinion or attitude toward a group of people based on their actual or perceived country of birth. This bias may be against people that have a name or accent associated with a national origin group, participate in certain customs associated with a national origin group, or because they are married to or associate with people of a certain national origin.
• Disability: A preformed negative opinion or attitude toward a group of persons based on their physical or mental impairments, whether such disability is temporary or permanent, congenital, or acquired by heredity, accident, injury, advanced age, or illness.

Note – for Clery act reporting purposes, it is the perception of the offender/perpetrator, not the perception of the victim that determines whether a crime is classified as a hate crime.

Violence Against Women Act (VAWA) Offenses:

• Dating Violence: 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 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: 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 a victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
  • 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: 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 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.

Arrests and Referrals for Disciplinary Action Definitions:

• Drug abuse 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. The unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation, or importation of any controlled drug or narcotic substance. Arrests for violations of State and local laws, specifically those relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs.
• Liquor law violations: 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.
• Weapon law violations: 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.

Hazing Incidents:

Any intentional, knowing, or reckless act committed by a person against a student (regardless of that student’s willingness to participate), that (1) is connected with an initiation into, an affiliation with, or the maintenance of membership in, an organization (e.g., a club, athletic team, fraternity, or sorority); and (2) causes or is likely to contribute to a substantial risk, above the reasonable risk encountered in the course of participation in the IHE or the organization, of physical injury, mental harm, or degradation. Hazing incidents include the following:

• Subtle hazing: Refers to activities that are often taken for granted or accepted as “harmless” or meaningless. There is an emphasis placed on a power imbalance between new members and other members of the organization, thus leading to activities or attitudes that breach reasonable standards of mutual respect, and place new members on the receiving end of ridicule or embarrassment. New members often feel the need to endure subtle hazing to feel like part of the organization. Examples include:
  • Requiring new members to perform unnecessary duties not assigned to existing members.
  • Required calisthenics such as sit-ups or push-ups, or other forms of physical exercise.
  • Sleep deprivation.
  • The assignment of meaningless and sometimes impossible tasks.
  • Required “greeting” of members in a specific manner when seen on campus.
  • Required carrying of certain items.
  • Required walking in groups to class, the cafeteria, etc.
  • Restriction of communication.
• Harassment hazing: Confuses, frustrates, and causes undue stress for new members. This behavior has the potential to cause emotional anguish and/or physical discomfort. Examples include:
  • Yelling or screaming
  • Personal servitude or chores
  • Lineups for the purpose of interrogating, demeaning, or intimidating.
  • Wearing of embarrassing or uncomfortable clothing
  • Assigning pranks such as stealing, painting objects, or harassing other organizations
  • Forced confinement, oftentimes involving very loud music and/or the repetition of a specific song.
  • Being dropped off somewhere and forced to find the way back.
• Violent hazing: Behavior that has the potential to cause physical, emotional, and/or psychological harm. It often includes activities that tend to be the most extreme types of
  hazing. Examples include:
  • Capturing or kidnapping
  • Total or partial nudity
  • Compelled sexual activity
  • Pushing, shoving, tackling, or any other physical contact
  • Forced consumption of any liquid or food, often involving alcohol and/or gross food combinations.
  • Paddling or whipping
  • Branding, cutting, labeling, or shaving parts of the body