Higher Education Report

Higher Education Report

Tag Archives: Clery Act

U.S. Department of Education Withdraws 2011 “Dear Colleague Letter” and 2014 Q&A on Sexual Misconduct; New Guidance Document Issued

Posted in Higher Education, Title IX
In a move that was foreshadowed by statements from the new administration, by letter dated September 22, 2017, the U.S. Education Department, Office for Civil Rights (“OCR”) announced the withdrawal of the April 4, 2011 Dear Colleague Letter (“DCL”) on sexual misconduct as well as the April 29, 2014 Questions and Answers on Title IX… Continue Reading

U.S. Department of Education to Rescind Subregulatory Guidance on Sexual Violence and Issue New Regulations

Posted in Higher Education
In remarks today, United States Secretary of Education Betsy DeVos announced that the Department of Education plans to initiate a public comment period to begin the process of adopting new regulations on campus sexual violence and harassment prevention and response. The new regulations would supplant existing Department subregulatory guidance (most notably the April 4, 2011… Continue Reading

Updated Clery Act Handbook Released

Posted in Clery Act, Higher Education
The Handbook for Campus Safety and Security Reporting (the “Handbook”), which provides important guidance for institutions as it relates to their compliance with the Clery Act’s safety and security requirements, was recently revised and a new version (the 2016 Edition) released by the United States Department of Education. This valuable resource had not been updated… Continue Reading

A Review of New York’s Proposed Sexual Violence Legislation: Part 2 – Minimum “Sentencing” Requirement

Posted in Clery Act, Higher Education
In this installment of our continuing analysis of the Governor’s “Enough is Enough” proposed sexual violence legislation, we turn to the minimum penalties for offenders that the bill would require. The bill, if passed as written, would mandate that colleges and universities include the following provision in their sexual misconduct policy: “For students found responsible… Continue Reading

A Review of New York’s Proposed Sexual Violence Legislation – Part I: Consent

Posted in Higher Education
As we noted in our last post, we will be taking a closer look at the specific provisions of New York’s proposed sexual violence legislation over the next week or so.  With the Governor’s Office urging New York colleges and universities to endorse this legislation, it is particularly important that institutions understand its provisions. Before… Continue Reading

Institutions of Higher Education Rank High in the FBI’s Study of Active Shooter Incidents

Posted in Campus Safety, Clery Act, Higher Education, Risk Management
At the end of 2014, the FBI issued its Study of Active Shooter Incidents in the United States between 2000-2013 (“Study”).  This first of its kind study found 160 active shooter incidents in the United States during this time period. An active shooter incident, for purposes of the study, is defined as “one or more individuals actively… Continue Reading

Recently Enacted Legislation Requires New York Institutions to Report Violent Felonies and Missing Students

Posted in Campus Safety
Governor Cuomo has signed into law amendments to New York’s Campus Safety Act requiring institutions to notify law enforcement within 24 hours after receipt of a report of a violent felony or a report that a student residing in institutional housing is missing. Under prior law, such reporting was not required. Instead, institutions were obligated… Continue Reading

Subject to Change: Department of Education Issues Latest Guidance on Campus SaVE Act VAWA Amendments and Cautions Against Reliance on Proposed Regulations

Posted in Clery Act
On July 14, 2014, the United States Department of Education issued a “Dear Colleague” letter reiterating its prior guidance to institutions for complying their Clery Act obligations under Campus SaVE Act provisions of the Violence Against Women Reauthorization Act of 2013 (“VAWA”).  Institutional obligations under the new statutory provisions affect the Clery Act Annual Security… Continue Reading

New York’s Campus Safety Act: Proposed Legislation to Require Notice of Violent Felonies and Missing Persons

Posted in Campus Safety, Clery Act, Higher Education
The New York State Senate passed a bill today that would amend New York’s Campus Safety Act to require institutions, effective immediately upon its enactment, to notify law enforcement of any report of a violent felony or that a student who resides in institution owned or operated student housing is missing.  The proposed legislation, which… Continue Reading

Institutions Are Reminded To Be Careful When It Comes to Clery Act Reporting

Posted in Clery Act
The recent experience of Dominican College in New York should serve as a reminder to all institutions of the importance of accurate Clery Act reporting.  In 2009, Dominican College was subjected to a U.S. Department of Education program review for the 2006 and 2007 periods.  In 2013, the Department of Education finally determined that the College had… Continue Reading

Virginia Tech Officials Not Negligent

Posted in Clery Act
In a unanimous decision issued on October 31, 2013, the Virginia Supreme Court, in the case of Commonwealth of Virginia v. Peterson, held that as a matter of law, officials at Virginia Tech were not negligent in failing to warn students who were killed by a gunman on its campus in April 2007.  Specifically, the… Continue Reading