Clery Act Compliance

The Clery Act requires Madison College to disclose information about specific crimes occurring within the Clery geography. There are four categories of crimes disclosed under the Clery Act.

1. Criminal Offenses- Murder/non-negligent manslaughter, negligent manslaughter, rape, fondling, statutory rape, incest, robbery, aggravated assault, burglary, motor vehicle theft, and arson
2. Hate/Bias-Related Crimes-Larceny, vandalism, intimidation, and simple assault
3. Violence Against Women Act (VAWA) Crimes-Dating violence, domestic violence, and stalking
4. Arrests and Referrals for liquor, drug, and weapons law violations

The Clery geography defines the specific geographic area for which Madison College has a responsibility to disclose crime statistics. The Clery geographic locations are determined based on the following definitions:

On Campus: “Any building or property owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of, or in a manner related to, the institution’s educational purposes, including residence halls. Also, any building or property that is within or reasonably contiguous to the area identified in the first part of this definition that is owned by the institution but controlled by another person, is frequently used by students, and supports institutional purposes.”

On Campus- Residential: “Any student housing facility that is owned or controlled by the institution, or is located on property that is owned or controlled by the institution, and is within the reasonably contiguous geographic area that makes up the campus is considered an on-campus student housing facility.” Madison College does not currently own or control any On Campus-Residential facilities.

Non-Campus Property: “Any building or property owned or controlled by a student organization that is officially recognized by the institution; or Any building or property owned or controlled by an institution that is used in direct support of, or in relation to, the institution’s educational 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 campus.”

The Madison College Annual Security Report defines the college’s Clery geography and includes maps of property owned or controlled by the college. The following locations are included within the Madison College geography: Commercial Avenue Campus, Fort Atkinson Campus, Portage Campus, Public Safety Training Facility, Reedsburg Campus, Goodman South Campus, Truax Campus, Watertown Campus, and the West Campus.

The Clery Act requires institutions with campus police or security departments to maintain a daily Crime Log of all crimes reported to them, or those of which they are made aware of. The Crime Log includes crimes that occurred within the last 60 days.

The Clery Act requires Madison College issue Timely Warning Notices to the campus community for reported Clery Act crimes, occurring on or near campus that presents an ongoing threat to the safety of the campus community. Timely Warning Notices are issued by the Director of Public Safety and will typically include a brief description of the incident, date or timeframe of incident, suspect description, and helpful information to prevent the occurrences of similar crimes.

A Timely Warning Notice is generally disseminated through a WolfPack Alert, student/employee email, press release, or a post on the Madison College website.

The Clery Act requires Madison College to immediately notify the campus community of incidents that pose an imminent threat to the health and safety of the campus community. Madison College fulfills this requirement by sending out WolfPack Alerts. WolfPack Alerts provide a brief description of the incident and steps to take to help ensure safety.

The Clery Act recognizes certain officials and offices as Campus Security Authorities (CSA). The Clery Act defines these individuals as “officials of an institution who have significant responsibility for student and campus activities, including, but not limited to, student housing, student discipline, campus judicial proceedings, health services, Title IX and athletics.

While Madison College encourages all members of the college community to report crimes, CSAs are identified employees with the responsibility to report Clery crimes to Madison College Public Safety. This responsibility is required by the Clery Act and is determined based on the employee’s role at the college. Reports filed with CSAs are counted and disclosed in the Annual Security Report.

Criminal Offenses

Murder/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.

Manslaughter by Negligence: The killing of another person through gross negligence.

Robbery: The taking or attempting to take anything from value of 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 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.

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.

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)

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.

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 victim or perpetrator.

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 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.

Incest: Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Statutory Rape: Nonforcible sexual intercourse with a person who is under the statutory age of consent.

Violence against Women Act (VAWA)

Domestic Violence: The term ‘‘domestic violence’’ includes felony or misdemeanor crimes of violence committed by a current or former spouse 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. Reference WI Statute Statutes 968.075

Dating Violence: The term ‘‘dating violence’’ means violence committed by a person—(A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors:(i) The length of the relationship; (ii) The type of relationship; (iii) The frequency of interaction between the persons involved in the relationship.

Stalking: The term ‘‘stalking’’ means engaging in a course of conduct directed at a specific person that would cause a reasonable person to— (A) fear for his or her safety or the safety of others; or (B) suffer substantial emotional distress.

Hate Crimes

Madison College is also required to report statistics for hate (bias) related crimes by the type of bias as defined below for the following classifications: murder/non-negligent manslaughter, sex offenses, robbery, aggravated assault, burglary, motor vehicle theft, arson (see definitions above) and larceny, vandalism, intimidation, and simple assault (see definitions below).

Larceny: The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another.

Vandalism: To willfully or maliciously destroy, injure, disfigure, or deface any public or private property, real or personal, without the consent of the owner or person having custody or control by cutting, tearing, breaking, marking, painting, drawing, covering with filth, or any other such means as may be specified by local law.

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.

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.

Arrests and Referral for Discipline

Arrest: Persons processed by arrest, citation, or summons

Referral: The referral of any person to any official who initiates a disciplinary action of which a record is established and which may result in the imposition of a sanction

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; 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 the making of narcotic drugs. The relevant substances include opium or cocaine and their derivatives (morphine, heroin, codeine); marijuana; synthetic narcotics (Demerol, methadone); and dangerous non-narcotic drugs (barbiturates, Benzedrine).

Liquor Law Violations

The violation of laws or ordinance prohibiting: the manufacture, sale, transporting, furnishing, possessing of intoxicating liquor; maintaining unlawful drinking places; 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; all attempts to commit any of the aforementioned. (Drunkenness and driving under the influence are not included in this definition.)