Section 3: Criminal Offenses
For additional information on what constitutes a Clery reportable incident click on
any of the Clery incident categories below to see the definition or visit https://www.nova.edu/public-safety/clery/index.html.
Motivated by Bias: Please indicate "Was Motivated by Bias" if this was a factor for any of the crimes
below. Motivated by Bias manifests evidence that the victim was intentionally selected
because of the perpetrator’s bias against the victim. The categories of bias include
the victim’s actual or perceived race, religion, gender, gender identity, sexual orientation,
ethnicity, national origin, and disability.
Criminal Homicide
These offenses are separated into two categories: Murder and Nonnegligent Manslaughter
and Manslaughter by Negligence.
Murder and Nonnegligent Manslaughter
Murder and Nonnegligent Manslaughter is defined as the willful (nonnegligent) killing
of one human being by another.
Manslaughter by Negligence
Manslaughter by Negligence is defined as the killing of another person through gross
negligence.
Sexual Assault (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.
Incest
Nonforcible sexual intercourse between individuals who are related to each other within
the degrees wherein marriage is prohibited by law.
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. This offense includes the rape of both males and females. Include the
crime as Rape, regardless of the age of the victim, if the victim did not consent,
or if the victim was incapable of giving consent. If the victim consented, the offender
did not force or threaten the victim, and the victim was under the statutory.
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 or her age or because of his or her
temporary or permanent mental incapacity. Fondling is recognized as an element of
the other sex offenses. Therefore, indicate Fondling only if it is the only sex offense.
Statutory Rape
Nonforcible sexual intercourse with a person who is under the statutory age of consent.
Robbery
The taking or attempting to take anything of value from the care, custody, or control
of a person or people by force or threat of force or violence and/or by putting the
victim in fear.
Simple Assault
Only report this crime if it was motivated, in whole or in part, by the offender’s
bias. 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.
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.
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.
Larceny/Theft
Only report this crime if it was motivated, in whole or in part, by the offender’s
bias. Larceny-Theft (Except Motor Vehicle 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.
Motor Vehicle Theft
The theft or attempted theft of any self-propelled vehicle that runs on land surface
and not on rails, including, but not limited to, sport utility vehicles, automobiles,
trucks, buses, motorcycles, motor scooters, trail bikes, mopeds, all-terrain vehicles,
self-propelled motor homes, snowmobiles, golf carts and motorized wheelchairs.
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.
Intimidation
Only report this crime if it was motivated, in whole or in part, by the offender’s
bias. 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.
Vandalism
Only report this crime if it was motivated, in whole or in part, by the offender’s
bias. 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.
Section 4: Arrests & Referrals for Liquor Law Violations; Drug Law Violations and
Weapons Possession Law Violations
For Liquor Law Violations; Drug Law Violations and Weapons Possession Law Violations
Arrest for Clery Act purposes is defined as persons processed by arrest, citation
or summons.
Violations: Referred for disciplinary action is defined as the referral of any person
to any official who initiates a disciplinary action of which a record is kept and
which may result in the imposition of a sanction.
Weapons Law Arrest
Weapons—Arrests: Carrying, Possessing, Etc.: 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.
Arrest for Clery Act purposes is defined as individuals processed by arrest, citation,
or summons.
Weapons Law Referral
Weapons—Referrals: Carrying, Possessing, Etc.: 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. Arrest for Clery Act purposes is defined as individuals processed
by arrest, citation, or summons. Referred for Disciplinary Action is defined as the
referral of any person to any official who initiates a disciplinary action of which
a record is established and which may result in the imposition of a sanction. If an
individual is both arrested and referred for disciplinary action for an offense, count
only the arrest.
Drug Abuse Arrest
Drug Abuse Arrests: 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. Arrest for Clery Act purposes is defined as individuals
processed by arrest, citation, or summons.
Drug Abuse Referral
Drug Abuse Violations—Referrals: 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. Arrest for Clery Act purposes is defined as individuals
processed by arrest, citation, or summons. Referred for Disciplinary Action is defined
as the referral of any person to any official who initiates a disciplinary action
of which a record is established and which may result in the imposition of a sanction.
If an individual is both arrested and referred for disciplinary action for an offense,
count only the arrest.
Liquor Law Arrest
Liquor Law Violations—Arrests/Referrals: 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. Arrest
for Clery Act purposes is defined as individuals processed by arrest, citation, or
summons.
Liquor Law Referral
Liquor Law Violations—Referrals: 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. Arrest
for Clery Act purposes is defined as individuals processed by arrest, citation, or
summons. Referred for Disciplinary Action is defined as the referral of any person
to any official who initiates a disciplinary action of which a record is established
and which may result in the imposition of a sanction. If an individual is both arrested
and referred for disciplinary action for an offense, count only the arrest.
Section 5: Violence Against Women Reauthorization Act (VAWA)-Reportable Crimes
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 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 people involved in the relationship.
For the purpose of this definition:
a.) dating violence includes, but is not limited to, sexual or physical abuse or the
threat of such abuse.
b.) dating violence does not include acts covered under the definition of domestic
violence.
Domestic Violence
A felony or misdemeanor crime of violence committed
(1) by a current or former spouse or intimate partner of the victim;
(2) by a person with whom the victim shares a child in common;
(3) by a person who is cohabitating with or has cohabitated with the victim as a spouse
or intimate partner;
(4) 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
(5) 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.
To categorize an incident as Domestic Violence, the relationship between the perpetrator
and the victim must be more than just two people living together as roommates .The
people cohabitating must be current or former spouses or have an intimate relationship.
Stalking
(1) Engaging in a course of conduct directed at a specific person that would cause
a reasonable person to
a. fear for his or her own safety or the safety of others; or
b. suffer substantial emotional distress.
(2) For the purpose of this definition
a. 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.
b. substantial emotional distress means significant mental suffering or anguish that
may, but does not necessarily, require medical or other professional treatment or
counseling.
c. reasonable person means a reasonable person under similar circumstances and with
similar identities to the victim.
Section 6: Law Enforcement Agency
List law agencies all incidents in Section 3, 4 or 5 have been reported to
Section 7: Incident Information
Please give building name, parking lot number, street name w/ cross streets or address,
or nearby buildings.
Please provide a brief description of the crime