Last week, the NCAA Board of Governors adopted a policy regarding yearly sexual violence prevention education, and all institutions participating in the NCAA (at any level) must comply with the policy. The policy was recommended by the NCAA’s Commission to Combat Campus Sexual Violence, which is composed of college and university presidents, athletics administrators, NCAA coaches, sexual violence experts, and NCAA student-athletes.
The U.S. Department of Education (ED) announced its plan to review a University’s alcohol and other drug (AOD) policies and procedures as part of an ongoing investigation related to Title IX. With students and employees the subject of Title IX investigations and subject to AOD policies, as well as emerging trends related to medical and recreational marijuana, now is the time to reevaluate your school’s AOD policies, procedures, and practices as it relates to students and employees. Continue Reading Students and Employees at the Intersection of Alcohol and Other Drug Policies and Title IX
In the wake of headlines chronicling sexual assault scandals at universities and colleges around the country, states responded by introducing legislation aimed at curbing these assaults. Texas State Senator and Husch Blackwell Partner, Kirk Watson, authored two pieces of legislation that will begin to address the issue at Texas universities and colleges—both public and private. Continue Reading New Texas Laws Require Public and Private Universities to Remove Barriers to Reporting Sexual Assault
An institution may have off campus property that meets the geographical definition for “noncampus buildings or property” while at the same time meeting the Clery definition of “separate campus.” If that is the case, the property should be classified as a separate campus, which carries with it significant Clery compliance obligations. Continue Reading Be Careful! Your Noncampus Property May Actually Be a Separate Campus (Clery Blog Series #6*)
Under the Clery Act, institutions must disclose crime statistics reported to have occurred on their Clery geography. The U.S. Department of Education (ED) included guidance in the 2016 edition of The Handbook for Campus Safety and Security Reporting (“Clery Handbook”) that indicates that hotels where your students stay while participating in the institution’s program and activities should be included in the noncampus buildings or property geographical category in some circumstances. Continue Reading Are You Including Student Overnight Trips in Your Clery Geography? You Might Need To (Clery Blog Series #5*)
The Clery Act requires institutions to disclose certain crime statistics that occur on its Clery geography in its Annual Security Report and to the U.S. Department of Education (ED) each year. The crimes to be disclosed are as follows: Continue Reading You May Not Need to Disclose All Clery Crimes Occurring on Your Clery Geography (Clery Blog Series #4*)
Under the Clery Act, institutions must disclose crime statistics reported on their Clery geography, which includes on-campus property, on-campus student housing facilities (if applicable), noncampus buildings or property, and public property. Whether the property at issue is “reasonably contiguous” to the campus can be the determinative factor when choosing between an on-campus property designation or a noncampus building or property designation. The 2016 edition of The Handbook for Campus Safety and Security Reporting (“Clery Handbook”) provides new and additional information about what it means for a piece of property to be “reasonably contiguous” to the campus with its discussion of the “one-mile rule.”
Continue Reading Clery’s “One-Mile Rule” – What is it? Why does it matter? (Clery Blog Series #3*)
There are several approaches the U.S. Department of Education (ED) utilizes to evaluate an institution’s compliance with the Clery Act, including program reviews and “spot check” assessments.
Commonly, an institution’s Clery compliance is evaluated as part of Continue Reading ED Uses Multi-pronged Approach to Checking Your Clery Compliance (Clery Blog Series #2*)
The U.S. Department of Education (ED) has now more than doubled the original fine amount for violations of the Clery Act. For several years now, institutions have been operating with the understanding that ED could issue civil fines of up to $35,000 per violation for Clery Act compliance deficiencies, as recited on page 1-11 of the 2016 Edition of The Handbook for Campus Safety and Security Reporting (i.e., “Clery Handbook”). But this amount was just raised to $54,789. Continue Reading Yes, Clery Fines Increase Again (Clery Blog Series #1*)
On Thursday, the Department of Education announced the conclusion of its five year investigation of Pennsylvania State University’s compliance with the Clery Act, which stemmed from revelations about the Jerry Sandusky sexual assaults. The report details some 11 identified violations and announces monetary fines totaling $2.4 million. Prior to yesterday’s announcement, the largest Clery Act fine in history was assessed against Eastern Michigan University in the amount of $357,500 (although the university only paid $350,000). The Clery Act has been in place since its passage in 1990. However, the Department has consistently increased the requirements for reporting and, in recent years, has more aggressively imposed fines for non-compliance. Continue Reading The Department of Education Announces the Largest Clery fine in History—$2.4 million