FEDERAL/CAMPUS
Campus safety and school responsibility to victims
Relevant Laws Re: CAMPUS SAFETY AND SCHOOL RESPONSIBILITY TO VICTIMS
As reported by Security on Campus, Inc., colleges and universities have been avoiding reporting crimes as required by Student Right to Know and Campus Security Act (I 990) by channeling the felonies and misdemeanors into confidential disciplinary committees which are protected by FERPA (Family Education Rights Privacy Act).
FERPA is a fund based act which provides guidelines to schools regarding confidentiality and provisions for releasing student information. FERPA gives parents and students 18 yrs old the right to have access to their educational records. The school can also release student information to other campus faculty if for educational purposes.
FERPA's definition of educational records does not include records maintained by a law enforcement unit of the school that were created by that law enforcement unit for the purposeof law enforcement.
FERPA allows release of educational records to state and local officials under certain state statutes and when the records are subpoenaed.
HIGHER EDUCATION AMENDMENT ACT (1998) officially named JEANNE CLERY DISCLOSURE OF CAMPUS SECURITY POLICY AND CAMPUS CRIME STATISTICS ACT
This act makes provisions of already existing laws (e.g. Student Right To Know and Campus Security Act and Accuracy in Campus Crimes Reporting Act) which amended the original Higher Education Act of 1965.
Public and private institutions of higher education which participate in student aid programs or federally funded research studies authorized by the Higher Education Act may lose federal funding if not in compliance with this Act.
PROVISIONS
The following text outlines the provisions made to the Student Right to Know and Campus Security Act (1990).
All prospective students and employees are entitled to a copy of the school's security disclosure document upon request and must be notified of its existence. Current students and employees are to be automatically provided this information.
The school shall disclose by Sept 1 of each year campus crime statistics for: murder, sex offenses (forcible and nonforcible), robbery, aggravated assault, burglary, motor vehicle theft, manslaughter, arson, and hate crimes, which are now categorized as actual or perceived type of prejudice (race, gender, ethnicity, sexual orientation, disability). Schools must also provide stats for arrests or referrals for campus disciplinary action for: Liquor law violations, drug abuse violations and weapons possessions. Fraternity and sorority houses are included in the stats if the school recognizes them as an organization.
The statistics must indicate where the crime took place on campus.
The definition of campus has been amended to ensure accurate crime reporting. The amendment includes: campus property, non-campus property (Greek houses, remote institutional facilities), public property near the campus (eg. Sidewalks, parking lots, and streets next to academic buildings, etc), and residential facilities for students.
These statistics must come from all campus security authorities (defined as institutional officials with significant responsibility for campus and student affairs) not just campus police. Schools must report policies and procedures for when a crime occurs , a description of the campus security arrangement, encouragement of prompt crime reporting, where to report crimes, security issues regarding maintenance, authority of campus police, working relationship with local law enforcement, policies regarding crimes off campus, rules regarding alcohol and drugs on campus, and the enforcement of state and federal laws.
Sexual Assault Policy Disclosures
Security policies will address sex offense prevention and include the following provisions incases of alleged sexual assault:
The Higher Education Amendment Act authorizes
School officials responsible for reporting statistics for inclusion in the annual crime report include: campus security or local law enforcement, administrators, deans, disciplinary officers, athletic department officials, housing officials, counselors, or those to whom comes are reported.
Crime statistic categories have been expanded to agree with Uniform Crime reporting standards used by local, state and federal law enforcement.
Crime stats from each institution must be submitted to the U.S. Department of Education for inclusion in an annual report.
Crime Logs
Each federally funded institution of higher education shall maintain a public crime log detailing the nature, date, time and general location of each incident reported to their security dept. The disposition of the complaint must also be given I known. These logs are to be open to the public generally within 2 business days.
The names and addresses of persons cited or charged must be included. There are some exceptions. These include: if the release of information would cause a suspect to flee, jeopardize an investigation or jeopardize an individual.
The names of sexual assault survivors are protected in accordance with state laws.
Disciplinary Proceedings
Campus disciplinary proceedings and records involving criminal allegations are required to be open.
Allegations of criminal misconduct handled by campus disciplinary proceedings are not education records protected by FERPA. This means that criminal allegations are not confidential under Federal law.
Enforcement
Schools found in noncompliance with the campus security provisions of the Higher Education Act will be sanctioned minimally a total of 1 % of total Federal funding and a maximum civil fine of $25,000.
A compliance study was done by U.C. in 1995. Only 36% of responding school fully complied with statistical reporting requirements of Campus Security Act.
These provisions were to be effective by Sept 1, 1998.
The new statute prevents people from suing the institution unless the action is to enforce this law.
CAMPUS SEXUAL ASSAULT VICTIMS' BILL OF RIGHTS ACT OF 1991
The following text outlines the above named law, which may be of interest to you.
Institutions of higher education and which are under the Higher Education Amendment Act will
provide a policy regarding the rights of victims of sexual assault.
The policy shall include a Bill of Rights for sexual assault victims that accord:
As reported by Security on Campus, Inc., colleges and universities have been avoiding reporting crimes as required by Student Right to Know and Campus Security Act (I 990) by channeling the felonies and misdemeanors into confidential disciplinary committees which are protected by FERPA (Family Education Rights Privacy Act).
FERPA is a fund based act which provides guidelines to schools regarding confidentiality and provisions for releasing student information. FERPA gives parents and students 18 yrs old the right to have access to their educational records. The school can also release student information to other campus faculty if for educational purposes.
FERPA's definition of educational records does not include records maintained by a law enforcement unit of the school that were created by that law enforcement unit for the purposeof law enforcement.
FERPA allows release of educational records to state and local officials under certain state statutes and when the records are subpoenaed.
HIGHER EDUCATION AMENDMENT ACT (1998) officially named JEANNE CLERY DISCLOSURE OF CAMPUS SECURITY POLICY AND CAMPUS CRIME STATISTICS ACT
This act makes provisions of already existing laws (e.g. Student Right To Know and Campus Security Act and Accuracy in Campus Crimes Reporting Act) which amended the original Higher Education Act of 1965.
Public and private institutions of higher education which participate in student aid programs or federally funded research studies authorized by the Higher Education Act may lose federal funding if not in compliance with this Act.
PROVISIONS
The following text outlines the provisions made to the Student Right to Know and Campus Security Act (1990).
All prospective students and employees are entitled to a copy of the school's security disclosure document upon request and must be notified of its existence. Current students and employees are to be automatically provided this information.
The school shall disclose by Sept 1 of each year campus crime statistics for: murder, sex offenses (forcible and nonforcible), robbery, aggravated assault, burglary, motor vehicle theft, manslaughter, arson, and hate crimes, which are now categorized as actual or perceived type of prejudice (race, gender, ethnicity, sexual orientation, disability). Schools must also provide stats for arrests or referrals for campus disciplinary action for: Liquor law violations, drug abuse violations and weapons possessions. Fraternity and sorority houses are included in the stats if the school recognizes them as an organization.
The statistics must indicate where the crime took place on campus.
The definition of campus has been amended to ensure accurate crime reporting. The amendment includes: campus property, non-campus property (Greek houses, remote institutional facilities), public property near the campus (eg. Sidewalks, parking lots, and streets next to academic buildings, etc), and residential facilities for students.
These statistics must come from all campus security authorities (defined as institutional officials with significant responsibility for campus and student affairs) not just campus police. Schools must report policies and procedures for when a crime occurs , a description of the campus security arrangement, encouragement of prompt crime reporting, where to report crimes, security issues regarding maintenance, authority of campus police, working relationship with local law enforcement, policies regarding crimes off campus, rules regarding alcohol and drugs on campus, and the enforcement of state and federal laws.
Sexual Assault Policy Disclosures
Security policies will address sex offense prevention and include the following provisions incases of alleged sexual assault:
- Survivors to be notified of who to notify in the event of a sexual assault
- Survivors shall be assisted in the collection and preservation of evidence and the importance of evidence collection must be noted in the policy.
- Accuser and accused must have the same opportunity to have others (advisor) present at all disciplinary hearings.
- Both parties shall be informed of the outcome of any disciplinary proceedings on violent crimes. Results include: the name of the offender, the violation committed, and any sanction imposed by the institution. This includes results of hearings on non
- Survivors shall be informed of their option to notify law enforcement.
- Survivors shall be notified of counseling services both on and off campus.
- Survivors shall be notified of options for changing academic and living situations (i.e. changing classes if in same class as assailant).
The Higher Education Amendment Act authorizes
- $1 million is allotted for researching procedures of schools after a sexual assault has been reported. The report is due by Sept 2000.
- $5 million grant funding to reduce binge drinking and illegal use of alcohol and drugs and the violence that accompanies it.
School officials responsible for reporting statistics for inclusion in the annual crime report include: campus security or local law enforcement, administrators, deans, disciplinary officers, athletic department officials, housing officials, counselors, or those to whom comes are reported.
Crime statistic categories have been expanded to agree with Uniform Crime reporting standards used by local, state and federal law enforcement.
Crime stats from each institution must be submitted to the U.S. Department of Education for inclusion in an annual report.
Crime Logs
Each federally funded institution of higher education shall maintain a public crime log detailing the nature, date, time and general location of each incident reported to their security dept. The disposition of the complaint must also be given I known. These logs are to be open to the public generally within 2 business days.
The names and addresses of persons cited or charged must be included. There are some exceptions. These include: if the release of information would cause a suspect to flee, jeopardize an investigation or jeopardize an individual.
The names of sexual assault survivors are protected in accordance with state laws.
Disciplinary Proceedings
Campus disciplinary proceedings and records involving criminal allegations are required to be open.
Allegations of criminal misconduct handled by campus disciplinary proceedings are not education records protected by FERPA. This means that criminal allegations are not confidential under Federal law.
Enforcement
Schools found in noncompliance with the campus security provisions of the Higher Education Act will be sanctioned minimally a total of 1 % of total Federal funding and a maximum civil fine of $25,000.
A compliance study was done by U.C. in 1995. Only 36% of responding school fully complied with statistical reporting requirements of Campus Security Act.
These provisions were to be effective by Sept 1, 1998.
The new statute prevents people from suing the institution unless the action is to enforce this law.
CAMPUS SEXUAL ASSAULT VICTIMS' BILL OF RIGHTS ACT OF 1991
The following text outlines the above named law, which may be of interest to you.
Institutions of higher education and which are under the Higher Education Amendment Act will
provide a policy regarding the rights of victims of sexual assault.
The policy shall include a Bill of Rights for sexual assault victims that accord:
- all sexual assault allegations be treated seriously, and the, victims to be treated with dignity.
- the allegations investigated and adjudicated by the appropriate criminal and civil authorities, and to have assistance from campus personnel of notifying proper authorities.
- the right to be free from any pressure to not report the crime to officials or to report a lesser crime than the victim perceives.
- with freedom from suggestion that the victim is responsible for the crime, negligent or assumed risk of being assaulted; and freedom from unwanted publicity.
- the right to legal assistance, ability to have others present in disciplinary hearings, and to be notified of outcomes.
- the right to cooperation from campus personnel for gathering and securing evidence.
- the right to be informed of and assisted in exercising options of mandatory disease testing of the suspects.
- the right to counseling (including victim service agencies).
- the right to changes in living or academic situations to prevent contact with assailants.
- for victims or non-victims the right to live in an environment free from sexual or physical intimidation.