Colleges and universities that accept federal funding are required to notify students of criminal activity that represents “a threat to students and employees.” They are also required to collect and provide campus crime data upon request. A Penn State student recently questioned the school's compliance with its federal legal obligations when it came to issuing campus alerts and delivering crime data. A recent news report suggests that Penn State was not living up to its disclosure obligations, and the school has since indicated that it intends to do so. If you are a student or the parent of a student at a college or university and are concerned that the school is not doing its part to keep the campus safe, contact the LLF Law Firm at 888.535.3686, or use our contact form to set up a consultation.
Crime Disclosure at Penn State
According to the article, the student in question noticed that Penn State's “timely warnings” system for notifying students and staff of campus-area threats seemed to have been sending out fewer and fewer warnings over his years on campus. And yet, the school's own security report showed that campus crimes were increasing. In an effort to learn more about what crimes were taking place on Penn State's campus, the student requested crime report data from the school but received no response. After waiting, the student reportedly asked the federal government to become involved, citing “repeated and ongoing violations of the Clery Act” by Penn State.
What Is the Clery Act?
The Clery Act is a federal regulation requiring schools to keep records of a wide range of crimes that occur on or near campus, including records relating to dating violence, domestic violence, sexual assault, stalking, and hate crimes. Schools are also required to implement security policies designed to prevent a number of these crimes. They must also maintain statistics tracking a wide range of violent crimes, sex offenses, and property crimes, among others. Much of this information must be included in a “written, easily understood daily crime log” that meets certain requirements. The crime log for the most recent 60-day period must be available “for public inspection during normal business hours,” and the school must make older portions of the log available “within two business days of a request for public inspection.”
Why Does Disclosure Matter?
Families and students have a right to understand the campus safety environment at any school they attend or are thinking of attending. When a school fails to meet its crime disclosure obligations or fails to notify students of imminent threats to their personal safety, it can create a false sense that the campus is safer than it actually is. While it's unrealistic to expect every school to be completely crime-free, it's not unrealistic to expect a school to live up to the disclosure and notification requirements that the federal government requires.
The LLF Law Firm Can Help
If your student has been the victim of a campus crime, particularly where the school has failed to meet its federal crime reporting and notice obligations, contact the LLF Law Firm. Our experienced attorneys not only have a deep understanding of criminal law, but we also frequently help students involved in litigation against their schools in Pennsylvania and elsewhere. If your student is accused of an on-campus crime, our experienced attorneys can help provide a strong defense to both criminal charges and school disciplinary proceedings.
You can contact us by phone at 888.535.3686, or use our contact form to set up an appointment so we can hear more about your situation and can let you know how we can help.
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