Incident Report of Criminal Activity or Sexual Misconduct
Please complete the below form. When submitted, this report is delivered to the senior leadership in Public Safety, including Director Mike Hill and Associate Director Beth Pitts.
INCIDENT REPORT OVERVIEW
Amendments to the Federal Campus Security Acts of 1990 and 1992 were recently passed by Congress and signed into law by the President as part of the Higher Education Act. One subsection of this act titled the "Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act" requires us to keep daily logs of crimes reported to various college officials and to make these logs available to the public within two (2) business days. In order to comply with this mandate we need your support and cooperation.
Within your role at Swarthmore College, students may "report" or share with you information that indicates they have been victimized by crime on or close to our campus. When this occurs, please complete the confidential Report of Criminal Activity above. Remember the two (2) business day window!
It is important to note that we are directed to collect statistics only on the crimes listed above that have occurred in one of four (4) specific locations. Please refer to the following lists in order to determine if a crime should be reported here.
All crimes reported to this site MUST be on the list below AND have occurred at one of the locations listed below:
Any knowledge of drug, alcohol, or weapons offenses on campus, that did not result in an arrest, should be promptly reported to the Dean's Office where they may be addressed within the college's judicial system.
Sex Offenses - Forcible - is "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" which include:
- forcible rape:
- 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).
- forcible sodomy:
- oral or anal sexual intercourse with another person, forcibly and/or against that person's will; or not forcibly 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 or physical incapacity.
- sexual assault with an object:
- the use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person's will; or not forcibly 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 or physical incapacity.
- forcible fondling:
- 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 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 or physical incapacity.
Sex offenses - Non-forcible is defined as "unlawful, non-forcible sexual intercourse". It must fall into one of the following two categories:
- 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.
Sex Offenses, Sexual Misconduct - The Campus SaVe Act adds the following offenses to the list of criminal offenses for which statistics must be reported:
- domestic violence:
- The term "domestic violence" includes felony or misdemeanor crimes 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 a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or 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.
- dating violence:
- The term "dating violence" means violence committed by a
- 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 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.
- The term "stalking" means engaging in a course of conduct directed at a specific person that would cause a reasonable person to -
- fear for his or her safety or the safety of others; or
- suffer substantial emotional distress.
Murder and Non-negligent Manslaughter - the willful non-negligent killing of one human being by another. Exclude deaths caused by negligence, suicide, or accident, justifiable homicides, and attempts to murder or assaults to murder. Negligent manslaughter is the killing of another person through negligence. Justifiable homicide is limited to: (1) the killing of a felon by a law enforcement officer in the line of duty; and (2) the killing of a felon by a private citizen.
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 is usually accompanied by the use of a weapon or by means likely to produce death or great bodily harm. Attempts are included since it is not necessary that an injury result when a gun, knife, or other weapon is used which could and probably would result in serious personal injury if the crime were successfully completed. Exclude simple assaults.
Burglary - Breaking or Entering - the unlawful entry of a structure to commit a felony or a theft. The use of force to gain entry is not required to classify an offense as a burglary. Burglary includes forcible entry, unlawful entry where no force is used, and attempted forcible entry.
Motor Vehicle Theft - the theft or attempted theft of a motor vehicle. Include the stealing of automobiles, trucks, buses, motorcycles, motor scooters, snowmobiles, and similar motor vehicles. Exclude motorboats, construction equipment, airplanes, and farming equipment.
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. Include fires determined to have been willfully or maliciously set. Exclude fires of suspicious or unknown origin.
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.
Larceny/Theft - the unlawful taking, carrying, leading, or riding away of property from the possession, or constructive possession of another person.
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.
Destruction/Damage/Vandalism of Property - 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.
Weapon Law Violations - The violation of laws or ordinances dealing with weapon offenses, regulatory in nature, such as: manufacture, sale, or possession of deadly weapons; carrying deadly weapons, concealed or openly; furnishing deadly weapons to minors; aliens possessing deadly weapons; and all attempts to commit any of the aforementioned.
Drug Abuse Violations - Violations of state and local laws relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs. The relevant substances include, but are not limited to: opium or cocaine; synthetic narcotics (Demerol, methadone); and dangerous non-narcotic drugs (barbiturates, Benzedrine).
Liquor Law Violations - The violation of laws or ordinances prohibiting: the manufacture, sale, transporting, furnishing, possessing of intoxicating liquor, maintaining an unlawful drinking place; bootlegging; operating a still; furnishing liquor to minor or intemperate person; using a vehicle for illegal transportation of liquor; drinking on a train or public conveyance; and all attempts to commit any of the aforementioned (drunkenness and driving under the influence are not included in this definition).
- any building or property owned or controlled by an institution of higher education within the same reasonably contiguous geographic area of the institution and used by the institution in direct support of, or in a manner related to, the institution's educational purposes;
- property within the same reasonably contiguous geographic area of the institution that is owned by the institution but controlled by another person, is used by students, and supports institutional purposes (such as a food or other retail vendor).
Non-campus building or property
- any building or property owned or controlled by a student organization recognized by the institution;
- any building or property (other than a branch campus) owned or controlled by an institution of higher education that is used in direct support of, or in relation to, the institution's educational purposes, is used by students, and is not within the same reasonably contiguous geographic area of the institution.
Public property - all public property that is within the same reasonably contiguous geographic area of the institution, such as a sidewalk, a street, other thoroughfare, or parking facility, and is adjacent to a facility owned or controlled by the institution if the facility is used by the institution in direct support of, or in a manner related to the institution's educational purposes.
Residence Hall - or other residential facility for students on campus.
There may be instances where you are unsure if a crime actually occurred. These are always tough but our advise is to go ahead and count them should it appear more likely than not that the crime transpired. You'll have to use your best judgment. Should one have questions or need further assistance, please contact the Director of Public Safety at x8067.