Clery Act Compliance

A timely warning is issued for all Clery Act crimes that occur on UC Berkeley Clery Act geography that are reported to campus security authorities or local police agencies, and considered by the institution to represent a serious or continuing threat to students and employees. All UC Berkeley email addresses are automatically registered to receive (1) emergency notifications, (2) timely warnings, and (3) community advisories from UCPD. You can view or edit your UC Berkeley email address via the CalNet directory. Members of the public can register for safety alerts through the public portal

An emergency notification is issued to immediately notify the campus community upon confirmation of a significant emergency or dangerous situation occurring on the campus that involves an immediate threat to the health or safety of students or employees. All UC Berkeley email addresses are automatically registered to receive (1) emergency notifications, (2) timely warnings, and (3) community advisories from UCPD. You can view or edit your UC Berkeley email address via the CalNet directory. Members of the public can register for safety alerts through the public portal

• Murder and Non-Negligent Manslaughter: the willful killing of one human being by another.
• Manslaughter by Negligence: the killing of another person by gross negligence.
• Sexual Assault: an offense that meets the definition of rape, fondling, statutory rape, or incest 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: 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 any gender of victims or perpetrator.
• Fondling: the intentional touching of the private body parts of another person for the purpose of sexual gratification without consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or 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.
• 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, 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.
• Burglary: the unlawful entry of a structure to commit a felony or a theft.
• Motor Vehicle Theft: the theft or attempted theft of a motor vehicle.
• 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.

• Domestic Violence
  • A felony or misdemeanor crime of violence committed by—
    • A current or former spouse or intimate partner of the victim; 
    • A person with whom the victim shares a child;
    • A person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner;
    • A person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or
    • 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.
• 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; and
    • Where the existence of such a relationship shall be determined based on the reporting party’s statement and a consideration of the following factors:
      • The length of the relationship
      • The type of relationship
      • The frequency of interaction between the persons involved in the relationship.
    • 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.
• 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 or the safety of others; or
    • 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.

In addition to the primary criminal offenses, the following crimes are also classified as hate crimes when there is evidence that the offense was committed with bias against one of the categories of bias listed.

• Larceny/Theft: the unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another.
• 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.
• 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.
• Vandalism: 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.

• Race: a preformed negative attitude toward a group of persons who possess common physical characteristics, e.g., color of skin, eyes, and/or hair; facial features, etc., genetically transmitted by descent and heredity, which distinguish them as a distinct division of humankind.
• Religion: a preformed negative opinion or attitude toward a group of persons who share the same religious beliefs regarding the origin and purpose of the universe and the existence or nonexistence of a supreme being.
• Sexual Orientation: a preformed negative opinion or attitude toward a group of persons based on their actual or perceived sexual orientation.  
• Gender: a preformed negative opinion or attitude toward a person or group of persons based on their actual or perceived gender.
• Gender Identity: a preformed negative opinion or attitude toward a person or group of persons based on their actual or perceived gender identity, e.g., bias against transgender or gender non-conforming individuals.
• Ethnicity: a preformed negative opinion or attitude toward a group of people whose members identify with each other, through a common heritage, often consisting of a common language, common culture (often including a shared religion) and/or ideology that stresses common ancestry.
• National Origin: a preformed negative opinion or attitude toward a group of people based on their actual or perceived country of birth.
• Disability: a preformed negative opinion or attitude toward a group of persons based on their physical or mental impairments, whether such disability is temporary or permanent, congenital or acquired by heredity, accident, injury, advanced age, or illness.

For liquor, drug, and weapon offenses, the statistics are divided into two categories: individuals who were arrested and individuals who were referred to UC Berkeley for disciplinary action as the result of a law violation.

• Liquor Law Offenses: the violation of state or local laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, or use of alcoholic beverages, not including driving under the influence and drunkenness.
• Drug Abuse Offenses: the violation of state or local laws prohibiting the production, distribution, and/or use of certain controlled substances and the equipment or devices utilized in their preparation and/or use. The unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation, or importation of any controlled drug or narcotic substance. Arrests for violations of state and local law or ordinances, specifically those relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs.
• Weapon Law Offenses: the violation of state or local laws prohibiting the manufacture, sale, purchase, transportation, possession, concealment or use of firearms, cutting instruments, explosives, incendiary devices or other deadly weapons. This classification encompasses weapons offenses that are regulatory in nature.

• On-Campus: any building or property owned or controlled by UC Berkeley within the same reasonably contiguous geographic area of the core campus, and used by UC Berkeley in direct support of, or in a manner related to UC Berkeley's educational purposes, including student housing facilities; and any building or property that is within or reasonably contiguous to the core campus that is owned by UC Berkeley, but controlled by another person, is frequently used by students and supports institutional purposes, such as a food or other retail vendor. Additionally, locations within one mile of UC Berkeley core campus are considered for inclusion in the on-campus group. Before these locations are included, their functions and relationship to the university are evaluated.
• On-Campus Student Housing Facilities: a building or structure that is owned or controlled by the university and used by students as a dwelling on campus. This category includes student housing facilities and family housing located on campus.
• Noncampus: any building or property owned or controlled by a student organization that is officially recognized by UC Berkeley; or any building or property owned or controlled by UC Berkeley that is used in direct support of, or in relation to, the university’s education purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the institution.
• Public Property: all public property, including thoroughfares, streets, sidewalks, and parking facilities, that is within the campus, or immediately adjacent to and accessible from the campus. This property is owned by a public entity, such as a city or state government. Perimeter streets are described in the following way: “Sidewalk – Street – Sidewalk.” This means that a reportable crime occurring on the sidewalk on either side of a perimeter street is reportable, as well as incidents occurring in the street. But an incident occurring in a building (a privately owned property) on the distant side of a perimeter street would not be included.

In accordance with the 1998 Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, an electronic version of the Daily Crime Log is posted on the UCPD website. The Daily Crime Log includes the date and time the crime was reported, the date and time the crime occurred, the location of the crime, the nature of the crime, and the disposition of the complaint, if known.

A hard copy of the Daily Crime Log is available, upon request, during normal business hours (Monday – Friday, 8 a.m. to 4 p.m.), in the UCPD Records Unit, 1 Sproul Hall, Berkeley.

“Campus security authority” is defined by the U.S. Department of Education in "The Handbook for Campus Safety and Security Reporting" as:

• A campus police department or a campus security department of an institution. If your institution has a campus police or security department, all individuals who work for that department are campus security authorities. A security department can be as small as one person. 
• Any individual or individuals who have responsibility for campus security but who do not constitute a campus police department or a campus security department (e.g. individuals responsible for monitoring the entrance into institutional property, event security, or student escorts).
•  Any individual or organization specified in an institution’s statement of campus security policy as an individual or organization to which students and employees should report criminal offenses. 
• An official of an institution who has significant responsibility for student and campus activities, including, but not limited to, student housing, student discipline and campus judicial proceedings. An official is defined as any person who has the authority and the duty to take action or respond to particular issues on behalf of the institution.

Campus Security Authorities are responsible for reporting allegations of Clery Actcrimes that are reported to them in their capacity as a CSA. For more information on reporting obligations or to schedule a CSA training for your department, please contact the Clery Divsion at clery@berkeley.edu