The Catholic University of America

 

 

Publications

 Campus Security Act

2016 Edition of the Handbook for Campus Safety and Security Reporting, now updated for VAWA 

How to Report Crimes on Campus-updated for 2016

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. (published March 2012)

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. 

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

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.

CyberSecurity

State Data Security Breach Notification Matrix by Mintz Levin, current as of 4-15-14,  laid out over eight categories, such as covered entitites, data and consumers protected, notice procedures/timing exemptions, encryption safe harbor, penalties, private cause of action, etc.

The 2013 Cybersecurity Executive Order: Overview and Considerations for Congress, Congressional Research Service, Eric A. Fischer et al March 1, 2013

Federal Laws Relating to Cybersecurity: Discussion of Proposed Revisions, Congressional Research Service, Eric A. Fischer, Nov. 9, 2012.

Campus Security Breaches: Compliance with State Notification Statutes
NACUANotes, 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.

Enterprise Risk Management


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 systematic risk assessment


Building a Disaster Resistant University FEMA PDF publication. A how to guide as well as distillation of the experience of six universities.

Physicial Security

The IES Abroad Map: For Student Health, Safety and Crisis Management

DOE Guidance for Developing Emergency Operations Plans for Institutions of Higher Education

95 Page Resource Guide issued June 19, 2013 by the U.S. Department of Education and other federal agencies.

 Preventing Sudden Death in Collegiate Conditioning Sessions: Journal of Athletic Training August 2012 Issue

DiGiacinto v. The Rector and Visitors of George Mason University, Jan. 13. 2011, Circuit Court of Fairfax County: 
The court found that the university regulation prohibiting firearms on university property in academic buildings, administrative office buildings, student dorms, dining halls, or sporting, entertainment or educational event venues was constitutional and did not violate either the Virginia constitution or the Second Amendment to the Federal Constitution.

Program Review Report issued January 2010 by US Dept. of Education with Finding that Virginia Tech violated the timely warning requirement on April 16, 2007. See also the University's 80 page response issued April 20, 2010.

Campus Attacks: Targeted Violence Affecting Institutions of Higher Education
A joint publication of the US Secret Service, US Dept. of Education, and the FBI. (Drysdale, D., Modzeleski, W., and Simons, A. ( April 2010)) The report reviews 272 incidents of violence at IHEs from 1900 through 2008. This publication may be used for threat assessment by campus safety officials. 

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.

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.

Report of Wisconsin Governor's Task Force on Campus Safety
Dated August 15, 2007: An interim Report

NACUANOTES: Volume 12, No. 8--Direct Threat and Caring For Students at Risk for Self-Harm: Where We Stand Now (September 3, 2014)

 

updated\ 8-19-16 mlo