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As part of the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 USC § 1092(f)), otherwise known as the Clery Act, qualifying incidents reported to Public Safety, from various sources, including Campus Security Authorities (CSA), are required to be published in an Annual Security Report and made available to the campus community. One purpose of the Clery Act is to encourage the reporting and collection of accurate campus crime statistics to promote crime awareness and enhance campus safety. The information collected from these forms will be used to compile statistics to be included in the Annual Security and Fire Report that Siena College publishes and distributes each fall. CSA’s are obligated under statute to report Clery Act qualifying crimes and furthermore, are expected by the College to report all crimes/incidents reported to them to Public Safety as soon as they become aware. For additional information on the Clery Act and CSA responsibilities, visit the Campus Security Authority training web page or contact the Clery Act Coordinator at 518-783-2376.
The CSA is to document as much of the requested information on the form as s/he knows, excluding identity and any personally identifiable information about the parties if confidentiality is requested. It is the policy of Siena College to ensure that the victims and witnesses to crime are aware of their right to report criminal acts to the police and be assisted by the College in doing so if they wish and/or to report policy violations to the appropriate office (e.g. Student Affairs, Public Safety, Residence Life, Title IX Coordinator, etc.). However, if a reporting person requests anonymity, this request must be honored to the extent permitted by law. Based on information received, Public Safety will determine the category of the crime or incident and the location under which the incident should be reported in the Annual Security and Fire Report.
CRIMINAL HOMICIDE. These offenses are separated into two categories: Murder and Non-negligent Manslaughter, and Negligent Manslaughter. Murder and Non-negligent Manslaughter is defined as the willful (non-negligent) killing of one human being by another. Negligent Manslaughter is defined as the killing of another person through gross negligence. 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. SEX OFFENSE - 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. Sex Offenses include (1) 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. (2) 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 incapacity. (3) Incest. Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. (4)Statutory rape. Non-forcible sexual intercourse with a person who is under the statutory age of consent 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. 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. MOTOR VEHICLE THEFT - 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. HATE CRIME- Hate Crimes: Any act of intimidation, harassment, physical force, or the threat of physical force directed against any person or family, or their property or advocate, motivated either in whole or in part by hostility to their real or perceived race, gender, religion, national origin, sexual orientation, gender identity, ethnicity, age or disability, with the intention of causing fear or intimidation, or to deter the free exercise of enjoyment of any rights or privileges secured by the Constitution or the laws of the United States whether or not performed under the color of law. Any of the previously listed crimes or any other crime involving injury committed based on the category of prejudice must be reported. The following crimes must also be reported if the victim was intentionally selected because of the perpetrator’s bias; Larceny-Theft, Simple Assault, Intimidation, Destruction/Damage or Vandalism of property and any other crime involving bodily injury. (please complete the Hate Crime Information Question below) LIQUOR LAW VIOLATION - underage possession or consumption, distribution to minors DRUG LAW VIOLATION - use, possession or distribution of controlled substances or possession of drug paraphernalia WEAPON LAW VIOLATION - possession or use of an illegal weapon. DATING VIOLENCE - Dating Violence means violence committed by a person: 1. who is or has been in a social relationship of a romantic or intimate nature with the victim; and 2. where the existence of such a relationship shall be determined on a consideration of the following factors: (i) the length of the relationship, (ii) the type of relationship. (iii) the frequency of the interaction between the persons involved in the relationship. DOMESTIC VIOLENCE - Domestic Violence includes felony or misdemeanor crimes of violence committed by current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or who has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against a youth or adult victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction. STALKING - Stalking means 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 Suffer substantial emotional distress.
(note below if incident involved an arrest (any individual, not just students) and if violation resulted in a student referral to the Student Conduct Process.)
Hate Crime Information Per the Clery Act, Hate Crime information must be reported for each of the following crimes: criminal homicide, sex offenses, robbery, aggravated assault, simple assault, larceny/theft, intimidation, vandalism, arson and any other crime involving bodily injury if a listed crime was motivated by the offender's bias