Publications
The 2009 Influenza Pandemic: An Overview: CRS Report dated Sept. 10, 2009
See also CRS Report dated Sept. 8 ,2009 on Mandatory Vaccinations. See also the Sept. 1, 2009 H1N1 Influenza Outbreak: Legal Issues, another CRS report.
Campus Safety and Security Project Survey
This is a report on results from a multi-organization survey led by NACUBO which was designed to assist schools in finding ways to deal with campus safety and security. The survey addresses emergency preparedness, ability to respond to threats, preventative measures, physical infrastructure, communications and systems infrastructure, strategies for behavioral/mental health issues, business continuity issues, budget and funding issues and emergency management.
Summary of the New Campus Safety Disclosure Responsibilities: Institutions of postsecondary education that participate in the Federal student financial assistance programs have been required by Section 485(a) and (f) of the Higher Education Act (HEA) to provide the Secretary with campus crime statistics since 1990. The Higher Education Opportunity Act (Public Law 110-315) (HEOA) was enacted on August 14, 2008 and reauthorizes the Higher Education Act of 1965, as amended. The HEOA made a number of additions to campus security reporting requirements. This spring, representatives from many postsecondary communities participated in meetings held by the U.S. Department of Education (ED) to discuss regulatory language (negotiated rulemaking) and ED expects that language to be issued as a Notice of Proposed Rulemaking (NPRM) later this summer. Final rules will be published by November 1, 2009 and will be effective on July 1, 2010. The link above provides a summary of these rules for planning purposes. DOE anticipates that further guidance will be provided once the final rules have been published. However, institutions must make a good-faith effort to comply with the statute in the absence of regulations and should therefore be gathering this information in preparation for the 2010 report.
The State of Enterprise Risk Management at Colleges and Universities Today
2009 Report by The Association of Governing Boards and United Educators that sets forth best practices for dealing with institutional risk. This document includes a worksheet for oversight of sytematic risk assessment.
Bureau of Justice Standards Special Report: Campus law Enforcement
Feb. 2008 report: A snapshot of statistics re campus law enforcement for the year Academic Year 2004-05.
University of North Carolina Safety Task Force Report: November 2007 There is an excellent discussion of FERPA, HIPAA and local law in Appendix A to the Working Group Appendices titled Sharing Information Concerning University Students when there is a Perceived Risk of Danger to Self or Others, Summary of Applicable Law.
Report of Wisconsin Governor's Task Force on Campus Safety
Dated August 15, 2007: An interim Report
Report of the Virginia Tech Review Panel
Issued to Governor Kaine (August 2007)
Virginia Tech: Findings and Recommendations of University Internal Review Committee:This web page has the following three sets of findings and reports: Security Infrastructure Group; Information and Communications Infrastructure Group; Interface Group.
Report to the President On Issues Raised by the Virginia Tech Tragedy
Twenty six page report submitted to President Bush that focuses on issues raised at Virginia Tech.
Investigation of April 16, 2007 Critical Incident at Virginia Tech
Report by Virginia Office of Inspector General for Mental Health, Mental Retardation and Substance Abuse Services.
Campus Security Breaches: Compliance with State Notification Statutes NACUA Notes, May 10, 2006.
This Note addresses the implications of security breach notification laws for colleges and universities. In particular, the Note discusses the applicability of these laws to both public and private institutions, the compliance obligations imposed in the event of a security breach, and whether the obligations vary for in-state versus out-of-state students and employees. The Note also provides practical guidance to counsel and administrators on how to comply with security breach notification laws should a breach occur, and how to coordinate their institution’s compliance approach in light of the privacy requirements imposed under other laws and regulations.
Shakespeare on Cyberliabilty, by Beth Cate, Associate University Counsel, Indiana University, published for the NACUA Annual Conference, Orlando, Florida, June 27, 2005
This is an excellent (and witty) overview of the main privacy laws affecting higher education, HIPAA, FERPA and GLB. The paper also includes a very thorough section on common law tort claims that might arise in connection with security and privacy breaches, as well as an overview of contractual security obligations and the duty to notify in the event of a security breach.
2005 U.S. Dept. of Education: Handbook for Campus Crime Reporting
This is a 216 page handbook on how to comply with the Campus Security Act.
University of North Carolina December 2004 Report on Campus Security
Building a Disaster Resistant University FEMA PDF publication. A how to guide as well as distillation of the experience of six universities.
March 13, 2003 Advisory Report on Compliance with New Domestic Security Legislation
Joint document prepared by Hogan and Hartson for ACE and NACUBO. Gives an overview of three anti-terrorism statutes (U.S.A. Patriot Act, Border Security Act and The Public Health Security and Bioterrorism Preparedness and Response Act. Contains a chart on release of records under FERPA and the USA Patriot Act.
IT Security For Higher Education: A Legal Perspective: Prepared for the EDUCAUSE/Internet 2 Computer and Network Security Task Force by Dow, Lohnes and Albertson, PLLC, March 20, 2003.
Addresses Computer and Network Security in the context of FERPA, HIPAA, ECPA, The USA Patriot Act, SEVIS, the Teach Act, and the Gramm Leach Bliley Act.
The National Strategy to Secure Cyberspace- Feb, 2003
Full text of 76 page final report detailing a five point system for security computing resources against a cyberattack. Specific recommendations for colleges and universities.
July 16, 2002 ACE/NACUBO Advisory Report on Campus Crime Reporting
A very valuable guide to the intricacies of complying with the Campus Security Act of 1990.
links updated 10/14/05 pth
links updated 8/5/08 rab
Last Revised 20-Oct-09 11:35 AM.