Clery Report

The University Police Department is tasked with responsibility to collect data and prepare crime statistics for the annual crime report. Data is collected from local police agencies where Gardner-Webb University has a campus or non-campus property, including property controlled by Gardner-Webb during study abroad programs.

Definitions of Clery Crimes

Murder/Non Negligent Manslaughter
The willful (non-negligent) killing of one human being by another. Note: Deaths caused by negligence, attempts to kill, assaults to kill, suicides, accidental deaths, and justifiable homicides are excluded.

Negligent Manslaughter
The killing of another person through gross negligence.

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 consent of the victim.

Fondling
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 age or because of temporary or permanent mental incapacity.

Incest
Sexual intercourse between persons who are related to each other within the degrees that marriage is prohibited by law.

Statutory Rape
Sexual intercourse with a person who is under the statutory age of consent.

Robbery
The taking or attempting to take anything from value of 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 which could or probably would result in a serious potential 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 a 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. (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 joy riding).

Arson
The willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, or personal property of another kind.

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; all attempts to commit any of the aforementioned.

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, methadone); and other dangerous non-narcotic drugs (barbiturates, Benzedrine).

Liquor Law Violations
The violation of laws or ordinance prohibiting: the manufacture, sale, transporting, furnishing, possessing of intoxicating liquor; maintaining unlawful drinking places; bootlegging; operating a still; furnishing liquor to minor or intemperate person; using a vehicle for illegal transportation of liquor; drinking on a train or public conveyance; all attempts to commit any of these acts. Drunkenness and driving under the influence are not included in this definition.

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; and
• Where the existence of such a relationship shall be determined based on a consideration of the following factors:
  • The length of the relationship,
  • The type of the relationship, and
  • The frequency of the interaction between the persons involved in the relationship.

Domestic Violence
Includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, or by a person:

• With whom the victim shares a child in common; or
• Who is cohabitating with or who has cohabitated with the victim as a spouse; or
• Similarly situated to a spouse of the victim under Virginia domestic or family violence laws; or
• Who is a family or household member of the victim, where Family or household member means:
  • The person’s spouse, whether or not he or she resides in the same home with the person,
  • The person’s former spouse, whether or not he or she resides in the same home with the person,
  • The person’s parents, stepparents, children, stepchildren, brothers, sisters, half-brothers, half- sisters, grandparents and grandchildren, regardless of whether such persons reside in the same home with the person,
  • The person’s mother-in-law, father-in-law, sons-in-law, daughters-in-law, brothers-in-law, and sisters-in-law who reside in the same home with the person,
  • Any individual who has a child in common with the person, whether or not the person and that individual have been married or have resided together at any time, or
  • Any individual who cohabits or who, within the previous 12 months, cohabited with the person, and any children of either of them then residing in the same home with the person. (Section 18.2-57.2 of the Virginia Code).

Stalking
The engagement in a course of conduct directed at a specific person that would cause a reasonable person to:

• Fear for his or her safety or the safety of others or
• Suffer substantial emotional stress.

Hate Crimes
Colleges and universities are also required to report statistics for bias-related (hate) crimes by the type of bias (defined below) for the following classifications: murder/non-negligent manslaughter, negligent manslaughter, sex offenses (forcible and non-forcible), robbery, aggravated assault, burglary, motor vehicle theft, arson, liquor law violations, drug abuse violations and/or weapons: possessing carrying, etc. and larceny-theft, destruction/damage/vandalism of property, intimidation, and simple Colleges and universities are also required to report statistics for bias-related (hate) crimes by the type of bias (defined below) for the following classifications: murder/non-negligent manslaughter, negligent manslaughter, sex offenses (forcible and non-forcible), robbery, aggravated assault, burglary, motor vehicle theft, arson, liquor law violations, drug abuse violations and/or weapons: possessing carrying, etc. and larceny-theft, destruction/damage/vandalism of property, intimidation, and simple assault. If a hate crime occurs where there is an incident involving intimidation, vandalism, larceny, simple assault or other bodily injury, the law requires that the statistic be reported as a hate crime even though there is no requirement to report the crime classification in any other area of the compliance document. A bias-related (hate) crime is not a separate, distinct crime, but is the commission of a criminal offense which was motivated by the offender’s bias. For example, a subject assaults a victim, which is a crime. If the facts of the case indicate that the offender was motivated to commit the offense because of his bias against the victim’s race, sexual orientation, religion, gender, gender identity, ethnicity, national origin, or disability, then the assault is also classified as a hate crime. The following crimes are reportable only if they are hate crimes:

• Larceny
  The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another.
• Vandalism
  To willfully or maliciously destroy, injure, disfigure, or deface any public or private property, real or personal, without the 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 law.
• Intimidation
  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.
• 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.