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 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 be 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.
This report is prepared in cooperation with local and state law enforcement as well as our internal organizations: Athletics, Student Development, Counseling Center, Admissions and Human Resources, all contribute greatly to the report process and its successful completion. 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, Student Life, Campus Security Authorities (CSA) and local law enforcement agencies. 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 receive information where they can view the report from the Admissions Office and the Human Recourses Department as well as online.
Loyola University Department of Public Safety compiles crime statistics by using definitions from the following required sources: Primary criminal offense incidents definitions were referenced from the FBI “Summary Reporting System User Manual.” 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 2019-2020.
Reportable Clery Offense Definitions:
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.
Manslaughter by Negligent: the 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.
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 (including 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.
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.
Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
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.
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.
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.
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.
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 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.
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).
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.)
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.
Sex Offender Registry
The Campus Sex Crimes Prevention Act (CSCPA) of 2000 is a federal law that provides for the tracking of convicted sex offenders enrolled at, or employed by, institutions of higher education. The law requires state law enforcement agencies to make this list available. Maryland’s registry can be reviewed at http://www.dpscs.state.md.us/onlineservs/socem/default.shtml The CSCPA further amends the Family Educational Rights and Privacy Act of 1974 (FERPA) to clarify that nothing in the Act can prohibit an educational institution from disclosing information provided to the institution concerning registered sex offenders.
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