Clery

Clery Act Compliance Officer
Robert Burford
Phone: (505) 277-5251
E-mail: rburford@unm.edu

Clery Overview

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (also known as the Clery Act) is a federal law that was signed in 1990.  The law aims at increasing campus security for students by implementing a set of standards that institutions must meet.  The Clery Act requires colleges and universities, both public and private, participating in federal student aid programs to disclose campus safety information, and imposes certain basic requirements for handling incidents of sexual violence and emergency situations.

Clery Reportable Crimes

  • 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 - Aggravated assault is 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.
  • Robbery is 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.
  • Burglary is the unlawful entry of a structure to commit a felony or a theft.
  • Motor vehicle theft is the theft or attempted theft of a motor vehicle
  • Arson is 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.
  • Sex Offenses—Forcible is defined as any sexual act directed against another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent.
    • Forcible Rape is the carnal knowledge of a person, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity (or because of his/her youth). This offense includes the forcible rape of both males and females.
    • Forcible Fondling is the touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person's will; or, not forcibly or against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental incapacity.
    • Sex Offenses – Non-Forcible
      • Incest – Non-forcible sexual intercourse between person who are related to each other within the degrees wherein marriage is prohibited by law.
      • Statutory Rape – Non-forcible sexual intercourse with a person who is under the statutory age of consent.
      • 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.
      • Domestic Violence – A felony or misdemeanor crime 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 spouse or intimate partner
        • By a person similarly situated to a spouse of a victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred
        • 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
        • Stalking – Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety of others or suffer substantial emotional distress

Hate Crimes (criminal offenses committed against a person or property which is motivated, in whole or in part, by the offender’s bias) are also included as reportable crimes, which include all crimes listed above and the following crimes:

  • Larceny - Theft is the unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another.
  • Simple Assault - is 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.
  • Intimidation - is 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.
  • Destruction/Damage/Vandalism of Property - is 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.

Referrals for Disciplinary Action – including Drug, Liquor Law and Weapons Possession violations are also categorized as Clery reportable incidents.

Campus Security