The Catholic University of America

Summary of Federal Laws


Miscellaneous Laws Affecting Students

Compliance Partners

Associate Dean - Student Conduct & Ethical Development
Director of Housing Services
DPS Administrative Assistant
Crime Prevention Officer
Dean of Students
Director of Public Safety

Campus Security Act of 1990, as amended by the Higher Education Opportunity Act of 2008

20 U.S.C. § 1092(f)

34 C.F.R. § 668.46 and § 668.41 (latter link is to reporting and disclosure of information)

The Campus Security Act requires colleges to report campus crime statistics and security measures to all students and employees by October 1 of each year. Applicants must receive either a report or a notice of its availability and a brief summary of the report. Timely warnings must go out whenever a threat to students and employees is present for the crimes (listed below) which are reported to local police or campus security authorities. Procedures must be in place on how to issue these notices. Crime statistics must also be given to the U.S. Secretary of Education. Enforcement procedures and policies, as well as crime prevention and education programs must be described in the annual report. The 1992 Higher Education Amendments require a campus sexual assault prevention program. 

July 22, 2015 DCL: Implementation of the VAWA Final Regulations
This Dear Colleague Letter summarizes the major changes to the Clery regulations and to the Campus Safety and Security Annual Report (including the "survey" filed with the Department of Education). 

Final Regulations, Violence Against Women Act, 79 Fed. Reg. 62752, October 20, 2014.

The regulations are effective July 1, 2015, with good faith effort required upon publication.  A number of changes are included, many of which just clarify (hopefully) terms that were added per the change to the U.S. code when VAWA was adopted.  Included are the following: 

  • Maintain statistics on dating and domestic violence, sexual assault and stalking;
  • Train all those involved in conducting disciplinary proceedings;
  • Train student and employees on preventing sexual assault; definitions such as consent, and campus policies on sexual misconduct;
  • Define the terms “awareness programs,” “bystander intervention,” “ongoing prevention and awareness campaigns,” “primary prevention programs,” and “risk reduction;
  • Record incidents of stalking based on the location where either the perpetrator engaged in the stalking or the victim first became aware of the stalking;
  • Require institutions to describe  each type of disciplinary proceeding used by the institution;  the steps, anticipated timelines;  decision-making process for each type of disciplinary proceeding; how to file a disciplinary complaint; and,  how the institution determines which type of proceeding to use based on the circumstances of an allegation of dating violence, domestic violence, sexual assault, or stalking;
  •  Require institutions to list all of the possible sanctions that the institution may impose following the results of any institutional disciplinary proceedings for an allegation of dating violence, domestic violence, sexual assault, or stalking;
  •  Require institutions to describe the range of protective measures that the institution may offer following an allegation of dating violence, domestic violence, sexual assault, or stalking;
  • Add gender identity and national origin as new categories of bias for a determination of a hate crime;
  • Describe each type of disciplinary proceeding used in cases of alleged sexual misconduct;
  • Provide the accuser and the accused the same opportunities to have an advisor of their choice present during the disciplinary proceeding;
  • Specify compliance with VAWA does not violate FERPA;
  • Include in their annual security report a statement of policy regarding their programs to prevent sexual misconduct and stalking, as well as the procedures that the institution will follow when such a crime is reported; and
  • Collect and disclose crime stats about crimes that were investigated but ended up being unfounded.

For a summary of these new rules, see the Chronicle Article titled In Rules on Campus Sexual Violence, Education Department Emphasizes Training, Max Lewontin.

Dear Colleague Letter, GEN-14-13, July 14, 2014 Implementation of Changes to the Clery Act made by VAWA

Contains a statement schools should make a good faith effort to comply and has this statement: 

Until the Department has published the final regulations, institutions should use the statute as the basis for revising or developing policies, procedures, and programs in advance of the ASR that must be issued by October 1, 2014.

Presumably the statute will still be of use post issuance, and hopefully the regulations won't differ from the statute. Clarifies the reporting obligation as follows: 

While institutions must include calendar year 2013 statistics for domestic violence, dating violence, and stalking in their ASRs to be issued to students, employees, and prospective students and employees later this year, they will not report these new crimes to the Department in the Web-based data collection this year. Instead, institutions will report the statistics for both calendar years 2013 and 2014 to the Department during the data collection period in Fall 2015.  


Violence Against Women and Department of Justice Reauthorization Act of 2004 (VAWA) (SB 47) Codified at 42 USC 14045b. Signed by President on March 7, 2013.

Section 303 of the VAWA provides grant money of $12,000,000 (not more than $300,000 per IHE or $1M for consortia, on a competitive basis for a period of three years) for each of fiscal years 2014-2018 for use by institutions or consortia consisting of campus personnel, student organizations, campus administrators, security personnel, and regional crisis centers affiliated with the institution to develop and strengthen prevention education and awareness programs as well as security and investigation strategies to combat domestic violence, dating violence, sexual violence and stalking, and strengthen victim services in cases involving such crimes against women on campuses, which may include partnerships with local criminal justice authorities and community-based victim services agencies.

Section 304 of the VAWA makes changes to the Clery Act. It is effective one year after the date of the enactment of the bill. The legislation contains new definitions for dating violence, domestic violence and stalking for purposes of the law.  Hate Crimes are redefined for reporting purposes

Reportable hate crimes now include domestic violence, dating violence and stalking.

Categories of prejudice under hate crimes now include national origin and gender identity.

Annual Security Report

Must include a statement of institution’s programs to prevent domestic violence, dating violence and stalking (along with sexual assault) and

Procedures institution will follow once an institution will follow once an incident of domestic violence, dating violence, sexual assault or stalking has been reported, including a statement of the standard of evidence that will be used by any institutional conduct proceeding. (nb: DCL of April 4, 2011 suggested preponderance of evidence)

Policy statement must address:

Education programs to promote the awareness of rape, acquaintance rape, domestic violence, dating violence, sexual assault, and stalking, which shall include—

I) primary prevention and awareness programs for all incoming students and new employees, which shall include—(aa) a statement that the institution of higher education prohibits the offenses of domestic violence, dating violence, sexual assault, and stalking; (bb) the definition of domestic violence, dating violence, sexual assault, and stalking in the applicable jurisdiction; (cc) the definition of consent, in reference to sexual activity, in the applicable jurisdiction; (dd) safe and positive options for bystander intervention that may be carried out by an individual to prevent harm or intervene when there is a risk of domestic violence, dating violence, sexual assault, or stalking against a person other than such individual; (ee) information on risk reduction to recognize warning signs of abusive behavior and how to avoid potential attacks; and (ff) the information described in clauses (ii) through (vii); and
(II) ongoing prevention and awareness campaigns for students and faculty.
(ii) Possible sanctions or protective measures that such institution may impose following a final determination of an institutional disciplinary procedure regarding rape, acquaintance rape, domestic violence, dating violence, sexual assault, or stalking.
(iii) Procedures victims should follow if a sex offense, domestic violence, dating violence, sexual assault, or stalking has occurred, including information in writing about—
(I) the importance of preserving evidence as may be necessary to the proof of criminal domestic violence, dating violence, sexual assault, or stalking, or in obtaining a protection order;
(II) to whom the alleged offense should be reported;
(III) options regarding law enforcement and campus authorities, including notification of the victim’s option to (aa) notify proper law enforcement authorities, including on-campus and local police; (bb) be assisted by campus authorities in notifying law enforcement authorities if the victim so chooses; and (cc) decline to notify such authorities; and
(IV) where applicable, the rights of victims and the institution’s responsibilities regarding orders of protection, no contact orders, restraining orders, or similar lawful orders issued by a criminal, civil, or tribal court.
(iv) Procedures for institutional disciplinary action in cases of alleged domestic violence, dating violence, sexual assault, or stalking, which shall include a clear statement that—
(I) such proceedings shall—(aa) provide a prompt, fair, and impartial investigation and resolution; and (bb) be conducted by officials who receive annual training on the issues related to domestic violence, dating violence, sexual assault, and stalking and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability;
(II) the accuser and the accused are entitled to the same opportunities to have others present during an institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by an advisor of their choice; and
(III) both the accuser and the accused shall be simultaneously informed, in writing, of-(aa) of the outcome of any institutional disciplinary proceeding that arises from an allegation of domestic violence, dating violence, sexual assault, or stalking;
(bb) The institution’s procedures for the accused and the victim to appeal the results of the institutional disciplinary proceeding; (cc) of any change to the results that occurs prior to the time that such results become final; and (dd) when such results become final.
(v) Information about how the institution will protect the confidentiality of victims, including how publicly-available recordkeeping will be accomplished without the inclusion of identifying information about the victim, to the extent permissible by law. (vi) Written notification of students and employees about existing counseling, health, mental health, victim advocacy, legal assistance, and other services available for victims, both on- campus and in the community.
(vii) Written notification of victims about options for, and available assistance in, changing academic, living, transportation, and working situations, if so requested by the victim and if such accommodations are reasonably available, regardless of whether the victim chooses to report the crime to campus police or local law enforcement.

Notification of student or employee rights/options must be given to anyone who reports being a victim of domestic violence, dating violence, sexual assault or stalking, whether the offense occurred on or off campus.

Timely warnings must withhold name of victim. The Government is to provide guidance/ best practices on how to implement this new law.

Immigration Issues and VAWA

Under VAWA, IHEs should be mindful of immigration status/visa issues when providing guidance to victims of VAWA crimes. There are two visa statuses, U and T, which might be helpful to nonimmigrant victims of certain crimes. SUNY has put together an amazing and customizable resource (available in multiple languages) for students and employees. Credit for this wonderful resource goes to the following: Joe Storch and Andrea Staff of SUNY Office of General Counsel,Robin Catmur, Director of Immigration Services at the University of Georgia, Brendan Venter, Law Clerk at the U.S. District Court for the Northern District of N.Y., David Fosnocht, Director of Immigration Practice Resources at NAFSA: Association of International Educators, and Michael Pfahl, Associate Counsel at Kent State University. Technical development of the resource was provided by SUNY's Office of General Counsel interns Shannon Crane and Hyun Soo Albert Jong,  web designers Taras Kufel and Jeffrey Rosen and Melinda Grier of NACUA who helped pull the team together. See the step by step instructions for customing the web page for your University.

Changes made by the HEOA in 2008

Institutions are required to disclose emergency response policies and evacuation procedures. The first annual security report in which a statement of policy would need to be included would be the report due for distribution by October 1, 2010. The policy should include a description of how text messaging or any other electronic system will be used. The school would be required to document each test of the emergency response system, including data on exercise, time date and announced or unannounced. The emergency response policy must include procedures to implement the following:

  • Immediate notice to the campus community upon confirmation of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or staff occurring on the campus, unless issuing a notification will compromise efforts to contain the emergency;
  • Annual publication of emergency response and evacuation procedures to students and staff;
  • Annual test of emergency response and evacuation procedures. (20 USC 1092 (f)(1)(J));
  • Determine the appropriate campus community segment or segments to notify;
  • Determine the content of the notification; and
  • Initiate the notification system.

Two additional changes made by HEOA are the following:

Institutions must report whether they have agreements (i.e. written memoranda of understanding) with state or local police agencies for the investigation of alleged criminal offenses. (20 USC 1092 (f)(1)(C)(ii))

The list of hate crimes that must be reported has been modified to include the following crimes: larceny-theft, simple assault; intimidation, and property destruction, theft or vandalism. (20 USC 1092 (f)(1)(F)(ii))

What Kinds of Reports Need To Be Made Public?

1. Annual Security Report

The report or summary must be given to all enrolled students and current employees by October 1 of each school year. Distribution of the annual security report to enrolled students and current employees may be accomplished by

  • direct mailing (U.S. Post Office, campus mail, or e-mail);

  • direct provision of report to all students (hand out); or

  • posting on a Web site, and giving notice to all students on where to find it.

The notice must be by U.S. Postal Service, campus mail, or e-mail, and the notice must give the Web address and advise that a paper copy is available on request. Notice on the Web page or a campus kiosk of the availability of the report would not suffice.

Prospective students and employees also need to receive notice of the availability of the report.

According to the final regulations, the following items must be included in the annual security report:

  • the crime statistics (described below);

  • a statement of current campus policies regarding procedures for students and others to report criminal actions or other emergencies occurring on campus, including

  • policies for making timely warning reports to members of the campus community and for preparing the annual disclosure of crime statistics,

  • a list of the titles of each person or organization to whom students and employees should report the criminal offenses (described below), and

  • whether the institution has any policies or procedures (and a description of same) that allow disclosure by victims or witnesses of crimes on a voluntary, confidential basis for inclusion in the annual disclosure of crime statistics;

  • a statement of current policies concerning security of an access to campus facilities, including campus residences, and security considerations used in the maintenance of campus facilities;

  • a statement of current policies concerning campus law enforcement that

  • addresses the enforcement authority of security personnel, including their relationship with State and local police agencies and whether those security personnel have the authority to arrest individuals,

  • encourages accurate and prompt reporting of all crimes, and

  • describes procedures, if any, that encourage professional or pastoral counselors to inform persons being counseled of voluntary disclosure procedures referenced above;

  • a description of the type and frequency of programs designed to inform students and employees about campus security procedures and practices and to encourage students and employees to be responsible for their own security and the security of others;

  • a description of programs designed to inform students and employees about the prevention of crimes;

  • a statement of the institution's policy concerning monitoring of student criminal activity at off-campus locations of officially recognized student organizations;

  • a statement of policy regarding the possession, use, and sale of alcoholic beverages and enforcement of State underage drinking laws;

  • a statement of policy regarding the possession, use, and sale of illegal drugs and enforcement of federal and state drug laws;

  • a description of any drug or alcohol-abuse education programs, as required under Section 120(a) - (d) of the Higher Education Act;

  • a statement of policy regarding the institution's campus sexual assault programs to prevent sex offenses, and procedures to follow when a sex offense occurs. (Details of this requirement can be found at 34 C.F.R. § 668.46(b)(11) and here)

Record-keeping Requirements: Institutions must retain the records on crime statistics for three years following the last year the information was included in the annual report.

Note the VAWA changes, which are for college and university purposes, referred to as the Campus SaVE Act.

2. Notice of Availability of Report

Prospective students and prospective employees must receive notice of the availability of the report.

3. Campus Crime Alerts

A timely warning to the campus community must go out regarding any of the below listed crimes which are deemed to represent a threat to the students and employees, and which are reported to campus security authorities or to local police agencies. The campus crime alert must be issued in a manner that is timely and will aid in the prevention of similar crimes. Campus security may decide to issue an alert about a crime occurring off-campus but in a location frequented by students, even though such a crime would not be included in the annual report.

4. Campus Crime Log

Institutional law enforcement units must keep a daily log that records crimes by their nature, date, time, general location, and disposition of the complaint. The log must be made available to the public within two business days of a request unless disclosure of such information would:

  • be prohibited by law;

  • jeopardize the confidentiality of the victim;

  • jeopardize an ongoing criminal investigation;

  • jeopardize the safety of an individual;

  • cause a suspect to flee or evade detection;

  • result in the destruction of evidence.

5. Filing of Report with Secretary of Education

The institution must submit the statistics over the Internet to the Secretary of Education, on an annual basis, and on the date specified by the Secretary. In recent years the reporting deadline has been October 15th.

The Department of Education's Office of Postsecondary Education (OPE) Campus Security Statistics Website, provides a searchable database of statistics reported by colleges and universities. You can only enter the data into one box, or the search won't yield a result. (This is on the new web page, fall 2016)

What Crimes and Campus Offenses Must Be Reported?

Statistics on the following crimes and offenses are to be reported in the annual security report, which is also to be made available to all students:

  • Criminal Homicide: Murder, non-negligent, and negligent manslaughter. Non-negligent manslaughter is the killing of a person through gross negligence.

  • Sex Offenses

    1. Rape is the 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
    offense includes the rape of both males and females.
    2. Fondling is the touching of the private body parts of another person for the purpose of sexual
    gratification, without the consent of the victim, including instances where the victim is incapable of
    giving consent because of his/her age or because of his/her temporary or permanent mental
    3. Statutory Rape is sexual intercourse with a person who is under the statutory age of consent.
    4. Incest is sexual intercourse between persons who are related to each other within the degrees
    wherein marriage is prohibited by law.
  • 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 D.C. (includes past or present marriage, domestic partnership, romantic, dating or sexual relationship) , 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 D.C.

  • 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: Purposefully engaging in a course of conduct directed at a specific individual that would cause a reasonable individual to fear for his or her safety or the safety of another person; feel seriously alarmed, disturbed or frightened; or suffer emotional distress.

  • Robbery: The taking, or attempting to take anything of value from the control, custody, or care 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 offense is usually accompanied by the use of a weapon or by means likely to produce death or great bodily harm.

  • Burglary: The unlawful entry (breaking and entering) into a building or other structure with the intent to commit a felony or theft.

  • Arson: Willful or malicious burning or an attempt to burn a dwelling house, public building, motor vehicle or aircraft, or personal property.

  • Motor Vehicle Theft: The theft or attempted theft of a motor vehicle.
  • On-campus Arrests for Alcohol, Drug and Illegal Weapon Violations
  • The number of students referred for Campus Disciplinary Actions1 for alcohol, drug or illegal weapon violations. (If included in the report as an arrest, a referral does not need to be reported under this category.)

  • Hate Crimes falling into the above list, involving bodily injury, or reported to the campus security office or local police. Hate crimes are to be reported by category of prejudice: race, gender, religion, sexual orientation,national origin and gender identity,  ethnicity or disability.  The list of hate crimes that must be reported  include the following crimes: larceny-theft, simple assault; intimidation, and property destruction, damage or vandalism.

When Must the Crime Be Reported?

Crimes must be included in the annual security report for the calendar year in which the crime was reported to the campus security authority. This may not always match the date of occurrence of the crime. See 34 C.F.R. § 668.46(c)(2).

Does It Matter Where the Crime Occurred -- On or Off Campus?

The institution must provide a geographic breakdown of the crime statistics by four categories:

  • on campus;

  • on campus and in a dormitory or other residential facility for students on campus;

  • in or on a non-campus building or property;

  • on public property.

Public property is defined in the regulations to include thoroughfares, streets, sidewalks, or parking facilities that are within the campus, or immediately adjacent to and accessible from the campus. A map may be used in complying with the statistical reporting requirements. 

Public property consists of a public sidewalk that borders the campus, the public street along the sidewalk and the public sidewalk on the other side of the street (i.e., sidewalk, street, sidewalk). Again, only the portions of the sidewalk, street and sidewalk that are adjacent to the campus are included in public property.

 Non-Campus Building or Property is defined in the regulations (34 CFR 668.46) as

(1) Any building or property owned or controlled by a student organization that is officially recognized by the institution; or (2) 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. 

Who on Campus Is Responsible for Reporting Crimes and Campus Offenses?

  • Persons who receive referrals for discipline involving alcohol, drug or weapon violations which are also a violation of the law, and for which a sanction may be imposed, must report those cases to the campus security office.

  • Anyone who is a "campus security authority" who receives a report of or is aware of a crime must report it to the campus security office. 

Campus security authorities are defined at CUA as  an official of an institution who has significant responsibility for student and campus activities, as well as employees who control or monitor access to some part of campus. “Campus security authority” at The Catholic University of America includes individuals who provide security on campus, in addition to the Public Safety staff, as well as the following persons:
• Library monitors, hall security assistants in the residence halls, and others who are hired to monitor
dorm or building access, campus escorts
• Officials with significant responsibility for student and campus activities
• Director and associate director of athletics and all coaches and athletic trainers
• All professional staff in the Office of the Vice President for Student Affairs and Dean of Students
• All associate and assistant deans and other professional staff in dean’s offices, such as associate deans
for student support or director of disability support services
• Title IX Coordinators
• All professional staff working with student organizations and extracurricular/campus activities
• All faculty or staff advisors to undergraduate or graduate organizations or teams, including debate teams
• All faculty who accompany students on University-related trips, both within the U.S. and abroad
• All resident advisors or community directors for campus housing
• All professional staff in the Office of Global Education
• First-Year Experience director.

Regardless of one’s status as a campus security authority, all are encouraged to report crimes to the
dispatcher, Department of Public Safety. Coaches, the Director of Residence Life, Club Advisors, and
Student Resident Advisors. Pastoral or professional counselors are not considered campus security
authorities when acting in their capacity as counselor.

    Examples of individuals who would not meet the criteria for Campus Security Authorities: 

• A faculty member who does not have any responsibility for student and campus activity beyond the classroom.
• Cafeteria staff. 

Crime Statistics that Do Not Require Reporting

Under the final regulations, the institution does not need to report crimes reported to a pastoral or professional counselor while acting in that capacity.. A pastoral counselor is a person who is associated with a religious order or denomination that recognizes him/her as someone who provides confidential counseling, and is functioning within the scope of that recognition as a pastoral counselor. A professional counselor is a person whose official responsibilities include providing mental health counseling to members of the institution's community and is functioning within the scope of his/her license or certification. Under the regulations, priests or clerics at a university, and counselors in a counseling center (including supervised students), would not need to report criminal offenses to the campus security office about which they are informed while working in their pastoral or counseling capacity.

Note that this exemption from the reporting requirements under the Campus Security Act does not relieve counselors of the duty to exercise reasonable care to protect a foreseeable victim from danger posed by the person being counseled.3 If someone indicates to their counselor an intent to commit a violent crime against another, and the counselor determines that the patient poses a serious danger of violence, then steps must be taken by the counselor to protect the intended victim.


Responding to Stalking on Campus: Navigating Title IX and The Amendments to the Clery Act published by the National Center for Victims of Crime.

2016 The Handbook For Campus Safety and Security Reporting

updated to include changes made by VAWA

Policy and Programming Changes Pursuant to the Campus SaVE Provisions of the Violence against Women Act, OGC, SUNY, July 2014 (provided to help SUNY campuses prepare for changes made by VAWA)

Title IX, Meet Clery. Clery, Meet Title IX: Implementing Campus SaVE, by Jeffrey J. Nolan, Dinse, Knapp, McAndrew, P.C. for NACUA, March 2014. (posted with the author's permission) An excellent summary of the new law, and a reminder of need to review HR policies.

How To Report Crimes on Campus (at Catholic University-updated 8-19-16)

Virginia v. Peterson: October 31st, 2013 Virginia Supreme Court decision finding there was no duty for the Commonwealth to warn students about the potential for criminal acts by third parties. This case overturned the finding in the wrongful death suits brought by two families of students killed in the Virginia Tech shootings. There was no duty to warn as it was not known or reasonably forseeable.

Dominican College Settlement Agreement, Sept. 2013: This involved allegations of failure to properly define crime statistics and distribute the Security Report, along with maintenance of daily crime log.

Press Release Announcing Settlement Agreement with University of Montana on Sexual Assault and Harassment, May 9, 2013. This page also contains the Resolution Agreement (DOJ DJ Number 169-44-9 OCR Case No. 10126001 as well as the Letter of Findings dated May 9, 2013.

Promoting Effective Criminal Investigations of Campus Sex Crimes; Summary Report Campus Sex Crimes Forum, Jan. 25, 2012

April 2, 2013 letter to University of Texas at Arlington from U.S. Department of Education, assessing fines for failure to properly categorize crimes and drug and liquour law violations.

August 30, 2012  Decision by Secretary of Education by Arne Duncan reversing the decision of the Administrative Law Judge and finding that Virginia Tech University failed to issue a timely warning to its campus community on the morning of April 16, 2007, when a gunman shot and killed 32 individuals on campus. The decision reinstates the $27,500 fine and remands for a finding on what the fine should be having inconsistent policies on timely warnings.

March 26, 2012 Department of Education *Approved* Clarifications to Clery Act

Note to Counsel: Is this document actually the law or is it law by stationery, i.e. an interpretation by someone at the Department of Education regarding the law?

American Council on Education: A President's Guide to the Clery Act: This concise document includes 11 pages of text explaining the law as well as a copy of the text of the law on campus security and crime statistics, missing persons, and fire safety, as well as law on sexual assault prevention programs. Good suggestions include creating a comprehensive list of all campus security authorities and publishing a map in annual security report with reporting boundaries clearly identified.

 February 29, 2012 NACUA Notes: The Clery Act and Overseas/Distance Study: New Developments and Compliance Guidance

June 10, 2011 NACUA Notes: The 2011 Clery Handbook: New Developments and Important Changes

Key HEOA Compliance Obligations and Campus Crime Reporting 10-30-09 paper by Margaret O'Donnell prepared for NACUA Fall 2009 Compliance Conference.

Uniform Crime Reporting Handbook
Contains definitions of crimes to be reported

D.O.E. Special Focus on Campus Security

Havlik v. Johnson & Wales, (1st Cir. 2007). The Campus Security Act requires that universities notify students and faculty when certain crimes take place on campus. A student who was alleged to have brandished a knife in connection with an assault was identified by name in the campus crime report, and he sued for defamation. The First Circuit upheld the District Court's finding that under the Campus Security Act school officials who issue crime alerts must have only a "reasonable belief" that there is a duty to report (even if later shown to be incorrect) in order for the qualified privilege against defamation to attach.

1 Defined as the referral of any student to any campus official who initiates a disciplinary action of which a record is kept and which may result in the imposition of a sanction. The commentary on the final regulations clarifies that the requirement to report statistics for referrals for campus disciplinary actions for alcohol, drug and weapon violations refers to violations of laws only. The referral of a student of legal drinking age on a dry campus for campus disciplinary action would not be included as a statistic under the regulations.

3 See Tarasoff v. Regents of University of California, 551 P. 2d 334 (1976). See also Tarasoff at Twenty-Five. J Am Acad Psychiatry law 30:275-81, 2002.

"The public policy favoring protection of the confidential character of patient-psychotherapist communications must yield to the extent to which disclosure is essential to avert danger to others. The protective privilege ends where the public peril begins.)



Q and A

Q: You inquired as to whether or not paying local law enforcement to provide statistics in order to comply with the Clery Act would be a violation of the Foreign Corrupt Practices Act (hereinafter “FCPA”).

A: In short, making such a payment does not appear to trigger a violation of the FCPA. Please find my analysis below:

The FCPA prohibits the University from corruptly paying, offering to pay, promising to pay, or authorizing the payment of money or anything of value to a foreign official in order to violate the law, obtain or retain business, or secure an improper business advantage. Payments are made “corruptly” if they are accompanied by the intent to wrongfully influence the foreign official into misusing their official position. Therefore, based on the information you’ve provided, paying local law enforcement to simply obtain statistics necessary to ensure the University’s compliance with the Clery Act does not appear to be a violation of the FCPA because it is not accompanied by the necessary corrupt intent.

In addition, under the FCPA, there is a narrow exception for “facilitating payments,” often referred to as “grease payments,” that are made in furtherance of routine governmental actions that are non-discretionary. Routine governmental actions include those acts which are ordinarily and commonly performed by a foreign official in obtaining permits, licenses, visas, providing police protection, mail pick-up and delivery, scheduling inspections, and actions of a similar nature. While none of the listed examples are directly on point with your specific inquiry, the Department of Justice and Security Exchange Commission’s guidance on the FCPA states that the exception focuses primarily on the purpose of the payment. While legitimate facilitating payments are not illegal under the FCPA, they may still violate local law in the countries where the University is operating. Therefore, ensuring no local law prohibits the payment is an important additional inquiry. 

Answer courtesy of Anastasia Liounakos, Compliance Extern & J.D. Candidate, 2015





updated 1-8-18 mlo