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Clery Act

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act or Clery Act is a federal statute codified at 20 U.S.C. § 1092 (f).  The Clery Act requires all public and private postsecondary institutions participating in HEA’s Title IV student financial assistance programs to disclose campus crime statistics and security information.  The Act is enforced by the United States Department of Education.

2020 Drury University Clery Act Report


The Clery Act requires that schools:

Publish an annual report every year by October 1st, which contains three years of campus crime statistics and certain campus security policy statements.  Publish crime statistics for the campus, public areas immediately adjacent to or running through the campus, and certain non-campus facilities and remote classrooms. (The statistics must be gathered from campus police, security, local law enforcement, and other University officials who have “significant responsibility for student and campus activities.”)

The Clery Act requires Drury University to disclose three general categories of crime statistics, some with significant subcategories and conditions:

  1. Criminal Offenses
    • Criminal Homicide, including:
    • Murder and Non-negligent Manslaughter, and
    • Negligent Manslaughter;
    • Sex Offenses including:
    • Forcible, and
    • Non-forcible;
    • Domestic Violence;
    • Dating Violence;
    • Stalking
    • Robbery;
    • Aggravated Assault;
    • Burglary, where:
      • There is evidence of unlawful entry (trespass), which may be either forcible or not involve force.
      • Unlawful entry must be of a structure – having four walls, a roof, and a door.
      • There is evidence that the entry was made in order to commit a felony or theft.
    • Motor Vehicle Theft;
    • Arson
  2. Hate Crimes

    Any of the above-mentioned offenses, and any incidents of Larceny-Theft, Simple Assault, Intimidation, or Destruction/Damage/Vandalism of Property that were motivated by bias; and
  3. Arrests and Referrals for Disciplinary Action for Weapons: Carrying, Possessing, Etc., Drug Abuse Violations and Liquor Law Violations.
    • Publish “timely warning” notices where a crime has occurred on or near campus that, in the judgment of Safety and Security and/or local law enforcement, constitutes an ongoing or continuing threat to members of the University community.
    • Make available for public inspection a daily public crime log of “any crime that occurred on campus … or within the patrol jurisdiction of the campus police … and is reported to the campus police.”

Domestic Violence

Felony or misdemeanor crimes of violence committed by a victims current or former spouse, current or former cohabitant, persons similarly situated under domestic or family violence law, or anyone else protected under domestic or family violence law.

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 relationship shall be determined based on a consideration of (1) The length of the relationship, (2) The type of relationship, and (3) The frequency of interaction between the persons involved in the relationship.

Missouri State Statute Definition for Domestic Violence:

565.074. 1. A person commits the crime of domestic assault in the third degree if the act involves a family or household member, including any child who is a member of the family or household, as defined in section 455.010….. So to further define Domestic Violence, it is the felony or misdemeanor crimes of violence committed by a victim’s current or former spouse, current or cohabitant, persons similarly situated under domestic or family law, or anyone else protected under domestic or family violence law. Under this statute an adult is considered 17 years of age or older.

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 relationship shall be determined based on a consideration of (i) The length of the relationship, (ii) The type of relationship, and (iii) The frequency of interaction between the persons involved in the relationship.

Missouri State Statute Definition of Dating Violence:

455.010. (7) “Family” or “household member”, spouses, former spouses, any person related by blood or marriage, persons who are presently residing together or have resided together in the past, any person who is or has been in a continuing social relationship of a romantic or intimate nature with the victim, and anyone who has a child in common regardless of whether they have been married or have resided together at any time.

So to further define Dating Violence, it is the 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 relationship shall be determined based on a consideration of (1) The length of the relationship, (2) The type of relationship, and (3) The frequency of interaction between the persons involved in the relationship.

Stalking

Engaging 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 to suffer substantial emotional distress.

Forcible Sex Offenses

Any sexual act directed against another person, forcible and/or against that persons will or not forcible or against the persons will in instances where the victim is incapable of giving consent. This includes rape, sodomy, sexual assault with an object and fondling. This also includes incest and statutory rape. In Missouri the statutory age of consent is if you are 20 years old or under, the age of consent is 14. 

If you are 21 or older, the age of consent is 17.

Missouri State Statute Definition of Sex Offenses:

Sex Offenses:  Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.

    1. Rape (No longer forcible rape in MO statute) 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. Corresponding Missouri Statutes – 566.030 566-031.
    2. Sodomy Oral or anal sexual intercourse with another person, 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 or physical incapacity. Corresponding Missouri Statutes – 566.060 through 566.064.
    3. Sexual Assault with an Object The use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, 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 or physical incapacity. (Please note that a finger or hand is also considered an object.) Corresponding Missouri statutes 566-060 through 566-064.
    4. 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 his/her age or because of his/her temporary or permanent mental or physical incapacity. Corresponding Missouri statutes 566.100 through 566.101.

Non-Forcible Sex Offenses

Non-Forcible Sex Offenses-Unlawful, non-forcible sexual intercourse.

    1. Incest (FBI UCR) Non-forcible sexual intercourse with a person who is under the statutory age of consent. Corresponding Missouri statutes 568.020 Incest.
    2. Statutory Rape (FBI UCR) Non-forcible sexual intercourse with a person who is under the statutory age of consent. Corresponding Missouri Statutes 566.032 through 566.034.

Theft/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.

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.

Weapons 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.

Homicide

The killing of another person through gross negligence. Criminal Homicide-Murder and Non-negligent Manslaughter. The willful (non-negligent) killing of one human being by another.

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 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. (Classify as motor vehicle theft all cases where automobiles are taken by persons not having lawful access even though the vehicles are later abandoned included joyriding.)

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 dangerous non-narcotic drugs (barbiturates, Benzedrine).

Liquor Law Violations

The violation of laws or ordinances prohibiting; the manufacture, sale, transporting, furnishing, 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 any public conveyance; and all attempts to commit any of the aforementioned. (Drunkenness and driving under the influence are not included in this definition.)

Hate Crimes

Where the victim is intentionally selected because of his/her actual or perceived race, gender, religion, national origin, sexual orientation, gender identity, ethnicity or disability, and the crime includes any of those listed above, or larceny-theft, simple assault, intimidation, or vandalism.

Campus Security Authorities (CSAs) are defined by the Clery Act as individuals who have responsibility for campus security or officials who have significant responsibility for student and campus activities, including, but not limited to: student activities, student discipline, and campus judicial proceedings.

Drury University Director of Safety and Security collects these reports from the University’s reporting organizations including Student Affairs and Enrollment Management, Human Resources. Each of these reports is reviewed by the University authorities to ensure the requirements for reporting under the Clery Act are met.

As a CSA, you have responsibility to report allegations or crimes made in good faith to the Safety and Security Office by using Campus Security Authority Form.