Unfounded Crimes: Unfounded crimes are those crimes that are removed or withheld from the Annual Security Report after it has been determined that the reported crime was false or baseless. Only sworn commissioned law enforcement personnel can make a formal determination that the report was false or baseless when made and that the crime report was therefore “unfounded.” This does not include a district attorney who is sworn or commissioned, nor does it include a Campus Security Authority. There were no reported crimes for the years 2020, 2021 or 2022 that were determined to have been unfounded. Clery Crime Definitions and Terminology Under the Clery Act, Sumner College annually distribute statistics in the annual report and disclose statistics to the Department of Education, on the reported occurrences of the following offenses: Clery Criminal Offenses: Murder and Non-Negligent Manslaughter: The willful (non-negligent) killing of one human being by another. Note: Deaths caused by negligence, attempts to kill, assaults to kill, suicides, accidental deaths, and justifiable homicides are excluded. Negligent Manslaughter: The killing of another person through gross negligence. 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. 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. Aggravated assault includes poisoning (date rape drug, etc.) 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. 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. 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. 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). Clery Sexual Offenses: Sexual Assault: An offense that meets the definition of rape as used in the FBI’s UCR program or an offense that meets the definition of fondling, incest or statutory rape as used in the FBI’s NIBRS 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. 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.
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. Date Rape Drug: Under Clery, the administration of a date rape drug in an unsuccessful attempt to incapacitate and sexually assault the victim, and investigation determines that the perpetrator’s attempt was to commit a sex offense, is a sexual assault. Administration of a date rape drug in which intent cannot be proven is an Aggravated Assault.
C.
Sex Offenses, Non-forcible: Unlawful, non-forcible sexual intercourse. A.
Incest Non-forcible sexual intercourse between persons 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.
B.
Definition of Consent: One of the most important areas for someone to be aware of is the area of consent. It is the responsibility of the parties to both give and receive consent in a clear, concise and mutually understood manner. Consent once given can be revoked at any time. Once consent is withdrawn, the sexual activity must cease immediately and all parties must obtain mutually expressed or clearly stated consent before continuing further sexual activity. Just because consent was given in the past each new contact should clearly establish consent between everyone involved. The Oregon Revised Statutes defines the inability to consent as: Oregon Revised Statute (O.R.S) 163.315/Incapacity to consent; effect of lack of resistance.
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