Clery Reportable Crimes - Primary Crimes
The following definitions come from a variety of sources, including the Department of Education’s Handbook for Campus Safety and Security Reporting, and definitions of domestic violence, dating violence, and stalking are adapted from the amendments made to the Violence Against Women Reauthorization Act of 2019.
A. MURDER AND NONNEGLIGENT MANSLAUGHTER:
The willful (non-negligent) killing of one human being by another.
B. MANSLAUGHTER BY NEGLIGENCE:
The killing of another person through gross negligence.
An offense that meets the definition of rape, fondling, incest or statutory rape as used in the FBI’s Uniform Crime Reporting system. 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.
A. 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, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity. This offense includes the rape of both males and females.
B. 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 or physical incapacity.
C. INCEST:
Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
D. STATUTORY RAPE:
Sexual intercourse with a person who is under the statutory age of consent.
Hate Crimes and Biases
TAMIU strives to foster a safe and healthy learning environment that embodies diversity and inclusion of all members of the combined TAMIU community. The hate crime statistics are separated by category of prejudice. The numbers for most of the specific crime categories are part of the overall statistics reported for each year. The only exceptions to this are the addition of larceny theft, simple assault, intimidation, and any vandalism. If a hate crime occurs where there is an incident involving intimidation, vandalism, larceny, simple assault, or other bodily injury, the law requires that the statistic be reported as a hate crime.
Note: A hate-related crime is not a separate, distinct crime, but is the commission of a criminal offense, which was motivated by the offender’s bias. For example, a subject assaults a victim, which is a crime. If the facts of the case indicate that the offender was motivated to commit the offense because of his/her bias against the victim’s race, sexual orientation, gender, religion, ethnicity, national origin, gender identity, or disability, the assault is then also classified as a hate crime.
THE BIASES
Any of the aforementioned offenses (except for manslaughter by negligence), and any other crime reported to local police agencies or to a CSA that is a criminal offense and manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim.