Loyola University Maryland

Public Safety

Section11

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11. Crime Statistics and Definitions

Policy for Reporting the Annual Disclosure of Crime Statistics:

The Departments of Public Safety and Environmental Health and Safety prepare “The Annual Security and Fire Safety Report” ASFSR (Clery) to comply with the 1990 Congressional approved Crime Awareness and Campus Security Act which amended the Higher Education Act of 1965.  The Jeanne Clery Act requires higher education institutions to make public their campus security policies, and it requires that crime and fire data are collected, reported, and disseminated to the campus community.  The Clery Act is intended to provide prospective students and employees, current students and their families, and the rest of the Loyola community accurate, complete, and timely information about safety on campus so that they can make informed decisions.  The full text of this report can be located on our website.

This report is prepared in cooperation with Baltimore Police Department, Howard County Police Department, and the Baltimore County Police Department.  Additionally, our internal organizations: Student Life, Student Development, Counseling Center, Human Resources and Student Support and Wellness Center, all contribute greatly to the overall judicial process and its success.  Each entity provides updated information on their efforts and programs to comply with the Act.  Campus crime, arrest and referral statistics include those matters reported to the Campus Police, Campus Security Authorities (CSA) and local law enforcement agencies.  Campus Security Authorities are annually contacted at the end of the fall and spring semesters requesting disclosure of any reportable Clery crimes, which may have been reported to them. A procedure is in place to anonymously capture crime statistics disclosed confidentially.  Each year by October 1st, an email notification, and a Loyola Today notice announce the location of where to view or receive the completed report.  These alert notifications are made to students, faculty, staff and administrators.  Prospective students and employees at Loyola receive information where they can view the statistics from the Admissions Office and the Human Recourses Department respectively.

Loyola University Department of Public Safety compiles crime statistics in accordance with the Federal Bureau of Investigation’s Uniform Crime Reporting Program by using definitions from the following required sources: Primary criminal offense incidents (Murder/non-negligent Manslaughter, Negligent Manslaughter, Rape, Robbery, Aggravated Assault, Burglary, Motor Vehicle theft and Arson) definitions were referenced from the FBI “Summary Reporting System User Manual” [SRS User Manual 6/2013] The definitions for fondling, incest and statutory rape were excerpted from the “National Incident-Based Reporting System (NIBRS) User Manual 1/2013.) The Hate-Bias definitions were referenced from the “Hate Crime Data Collection Guidelines and Training Manual 12/2012.”  Loyola University Liquor Law, Drug Law and Weapons Possession Policy were referenced from the Loyola University Community Standards Handbook 2014-2015.

Reportable Clery Offense Definitions:

1. Murder/Non-Negligent Manslaughter: the willful (non-negligent) killing of one human being by another. Any death caused by injuries received in a fight, argument, quarrel, assault, or commission of a crime is classified as Murder and Non-negligent manslaughter. NOTE: Traffic deaths, fetal deaths, deaths caused by negligence, attempts to murder, assaults to kill, suicides, accidental deaths, and justifiable homicides are excluded.

2. Manslaughter by Negligentthe killing of another person through gross negligence. Any death caused by gross negligence of another. Gross negligence is the intentional failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property of another.

3. Rape: Is 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 definition includes either gender of victim or offender. Sexual penetration means 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, or by a sex-related object. This definition also includes instances in which the victim is incapable of giving consent because of temporary or permanent mental or physical incapacity 9including due to the influence of drugs or alcohol) or because of age. Physical resistance is not required on the part of the victim to demonstrate lack of consent.

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 her/his age or because her/his temporary or permanent mental or physical incapacity.

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

6. Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent.  The statutory age of consent for Maryland is 16 years of age. Maryland also follows the Age Gap provision, which states the gap in age between consenting participants is not more than 4 years.

7. 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.

8. 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. The categories of aggravated assault include assaults or attempts to kill or murder, poisoning, assault with a dangerous or deadly weapon, maiming, mayhem, assault with explosives, and assault with disease (as in cases when the offender is aware that he/she is infected with a deadly disease and deliberately attempts to inflict the disease by biting, spitting, etc.)  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.

9. 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. A structure is defined as four walls, a roof and a door. Burglary-Forcible Entry is defined as all offenses where force of any kind is used to unlawfully enter a structure for the purpose of committing a theft or felony. Burglary- Unlawful Entry-No Force is defined as achieved by the use of an unlocked door or window. The element of trespass to the structure is essential to show no lawful access. Burglary-Attempted Forcible Entry is defined as situations where a forcible entry burglary was attempted but unlawful entry was not achieved.

10. 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)

11.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.

12.Weapon Law/Policy 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. Also, included in this classification is the manufacture, sale, or possession of deadly weapons; carrying deadly weapons, concealed or openly; using, or manufacturing, of silencers, furnishing deadly weapons to minors; aliens possessing deadly weapons; all attempts to commit any of the aforementioned.

 Loyola University Weapons Policy: Unauthorized use, possession, or storage of any weapon or ammunition on University premises or at University sponsored activities is strictly prohibited. This includes, but is not limited to firearms, BB guns, air rifles, slingshots, paintball guns, swords, knives, tasers of any kind, etc.

13. Drug Law Violations: The violation of laws prohibiting the production, distribution, and/or use of certain controlled substances. The unlawful cultivation, manufacture, distribution, sale, use, possession, transportation, or importation of any controlled drug or narcotic substance. Drug law violations are also 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).

 Loyola University Drug Policy: Loyola University Maryland fully supports and requires compliance with federal and state laws regarding illegal drugs and paraphernalia. For purposes of this policy, “drug” also includes any other substance that is used to change mood or alter reality and is not used in accordance with a medical prescription, and “look alike” substances.

a. Drug use or possession (e.g. marijuana, heroin, LSD, cocaine, mushrooms, ecstasy, ketamine, unauthorized use or abuse of prescription drugs, etc.)

b. Drug paraphernalia possession. The student social host will be considered serving/providing drugs to anyone if he/she possesses drugs or if drugs are available in the room. Thus, the host is also responsible for misconduct if he/she passively allows drug use to occur within his/her room.

c. Sale, potential for sale, facilitation in the sale, distribution, or providing drugs to others.

Controlled substances, illegal drugs, and drug paraphernalia are subject to confiscation. The University reserves the right to refer potential criminal violations to local law enforcement authorities.

d. Manufacturing, making, or possessing ingredients in sufficient quantities to manufacture drugs.

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

 Loyola Liquor Law Policy:  Loyola University Maryland fully supports and requires compliance with Maryland’s alcoholic beverage laws. These laws include prohibitions on the possession or consumption of alcohol by persons under age 21; furnishing alcohol to or obtaining alcohol for a person under age 21; and misrepresenting one’s age in order to obtain alcohol. Only those students who are 21 years of age and older are permitted to have alcohol in their apartments. Guests who are 21 years of age and older may not bring alcohol to a room/apartment/suite where at least one person is under the age of 21. Students 21 years of age or older may possess and consume alcohol in the privacy of their rooms, suites, or apartments in single-serving containers only. All students are expected not to abuse alcohol, but rather to drink responsibly or abstain.

Violations of the alcohol policy include, but are not limited to, the following:

a. Having open containers of alcoholic beverages or consumption of alcohol in any public area on Loyola owned or leased property, regardless of age (e.g., lounges, corridors, outdoors, etc.)

b. Unauthorized possession or consumption of alcoholic beverages. “Possession” means having an alcoholic beverage under one’s charge or control. Students under age 21 may not possess or consume alcoholic beverages at any time. Students age 21 or older generally may not possess or consume alcoholic beverages in the presence of persons under age 21; however, they may consume or possess alcoholic beverages in the presence of their roommates in their own residence unit.

c. Selling, furnishing, or giving any beverage containing alcohol to any person under 21 years of age. The student social host policy will apply if alcohol is available in the room. Thus, the host is also responsible for misconduct if he/she passively allows prohibited alcohol use to occur within his/her room.

d. Using or possessing excessive amounts or prohibited sources of alcohol (e.g., kegs, beerballs); using or possessing items or devices that encourage excessive drinking (e.g., bars, beer bongs, funnels); or organizing or participating in activities that encourage excessive drinking (e.g., beer pong, drinking games, or contests).

e. Charging a fee when hosting parties.

f. Being intoxicated or exhibiting behaviors associated with intoxication or impairment.

g. Providing false identification:

1. Possessing, conspiring to obtain, or using false identification.

2. Manufacturing, selling, or distributing false identification.

h. Multiple or repeated violations of the Alcohol Policy.

i. Possession of empty alcohol containers.

Hate/Bias-related Offenses

            a. Bias-Hate Crime: a committed criminal offense that is motivated, in whole or in part, by the offender’s bias(es) against a race, religion, disability, sexual orientation, ethnicity, nationality, gender or gender identity; also known as hate crime.

            b. Bias definition: a preformed negative opinion or attitude toward a group based on their race, gender, religion, disability, sexual orientation, ethnicity, nationality or gender identity.  We are also required to report statistics for bias-related (hate) crimes by the type of bias as 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, larceny-theft, destruction/damage/vandalism of property, intimidation, and simple assault (see definitions below).

            c. Larceny: The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. Larcenies are also thefts, shoplifting, pocket-picking, or the stealing of any property or article which is not taken by force and violence or by fraud. Attempted larcenies are included.

            d. Destruction/Damage/Vandalism of Property: 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.

            e. 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.

            f. 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.

Violence Against Women Act (VAWA)

The reauthorization of the federal Violence Against Women Act of 2005 requires that states (including Maryland) provide survivors (anonymously) with a medical forensic examination free of charge or with full reimbursement without requiring the victim to report to law enforcement and/or participate in the criminal justice system as a condition of the payment or reimbursement. 42 U.S.C.A. § 3796gg-4(a) (1)As time passes, evidence may dissipate or become lost or unavailable, thereby making investigation, possible prosecution, disciplinary proceedings, or obtaining protection from abuse orders related to the incident more difficult. If a victim chooses not to make a complaint regarding an incident, he or she nevertheless should consider speaking with DPS or other law enforcement to preserve evidence In the event that the victim decides to report the incident to law enforcement or the University at a later date to assist in proving that the alleged criminal offense occurred or that may be helpful in obtaining a protection order.

Dating Violence: There is no Maryland law definition of dating violence (it is not distinguished from general crimes of violence, such as assault).

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: is defined by the State of Maryland as domestic violence “abuse” as the occurrence of one or more of the following acts between “family or household members”:

Assault
An act that places a person in fear of imminent serious bodily harm, An act that causes serious bodily harm, Rape or sexual offense, Attempt rape or sexual offense; Stalking, False imprisonment, such as interference with freedom, physically keeping you from leaving your home or kidnapping you.

Domestic Violence: The term ‘‘domestic violence’’ includes felony or misdemeanor crimes 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 the victim under the domestic or family violence laws of Maryland, or 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 Maryland.

Stalking: is defined by the State of Maryland as: (Criminal Law Article § 3-801)

(a) In this section, “stalking” means a malicious course of conduct that includes approaching or pursuing another where the person intends to place or knows or reasonably should have known the conduct would place another in reasonable fear: of serious bodily injury; of an assault in any degree; of rape or sexual offense as defined by §§ 3–303 through 3–308 of this title or attempted rape or sexual offense in any degree; of false imprisonment; or of death; or that a third person likely will suffer any of the acts listed in item(1) of this subsection.

In this subtitle, “course of conduct” means a persistent pattern of conduct, composed of a series of acts over time that shows a continuity of purpose.

Stalking - The term ‘‘stalking’’ means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

            1. Fear for his or her safety or the safety of others; or

            2. 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.

Sexual Assault Offense definitions:

Sexual Assault: An offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s Uniform Crime Reporting (UCR) program.

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. The actions constituting sexual assault are set forth in Title 3, Subtitle 3 of the Criminal Law Article of the Annotated Code of Maryland and include, but are not limited to the following acts committed by an acquaintance or stranger (“Actor”): Rape forcible sodomy, or forcible sexual penetration, however slight, of another person's anal or genital opening; touching of an unwilling person's intimate parts (defined as genitalia, groin, breast, or buttocks, or clothing covering them); or, forcing an unwilling person to touch another's intimate parts. To constitute sexual assault these acts must be committed either by force, threat, intimidation or through the use of the victim's mental or physical helplessness of which the Actor was aware or should have been aware.

Sexual Assault: An offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s Uniform Crime Reporting (UCR) program. Per the National Incident-Based Reporting System User Manual from the FBI UCR Program, a sex offense is “any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.”

            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 his/her temporary or  permanent mental incapacity.

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

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

Consent: There is no Maryland law definition of consent (it is not distinguished from general crimes of violence, such as assault).

Consent: currently defines by the Loyola University as: An affirmative indication by words and/or actions of a voluntary agreement to engage in the particular sexual act or conduct in question. Consent for one sexual act or conduct does not constitute consent to all sexual acts or conduct. Consent can be withdrawn at any time, and once withdrawal of consent has been expressed, sexual activity must cease. Consent cannot be obtained through the use of force, threat, intimidation, or coercion. Consent cannot be given by someone who is not able to effectively communicate or to understand the nature of the conduct being engaged in as a result of incapacitation due to consuming drugs or alcohol or for any other reason (including but not limited to being unconscious, being asleep or otherwise unaware that sexual activity is occurring). Incapacitation may also exist because of a physical, mental or developmental disability. Incapacitation is a state where an individual cannot make rationale or reasonable decisions because they lack the capacity to give consent (i.e. to understand who, what, where, when, why, and how of a sexual interaction.) Silence or absence of resistance on the part of an individual does not constitute his or her consent.

Sexual and gender based misconduct includes gender based harassment that does not involve conduct of a sexual nature.

The definition of consent is used to inform the campus community of the affirmative indication needed for a voluntary agreement to engage in a particular sexual act and to be used during procedures of institutional disciplinary actions in cases of alleged sexual assault. 

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