Clery Act - Reason for DOE Investigation?

[ordigger]

This came out in Freeh's report on Penn State this morning....

http://espn.go.com/college-football...senior-officials-disregarded-children-welfare

The U.S. Department of Education is examining whether the school violated the Clery Act, which requires reporting of certain crimes on campus, including ones of a sexual nature. The report said Penn State's "awareness and interest" in Clery Act compliance was "significantly lacking."

Only one form used to report such crimes was completed on campus from 2007 through 2011, according to the Freeh findings. And no record exists of Paterno, Curley or assistant coach Mike McQueary reporting that McQueary saw Sandusky in a shower with a boy in 2001, as they would be obligated to do under the Clery Act.

As of last November, Penn State's policies for Clery compliance were still in draft form and had not been implemented, the report found.U.S. Department of Education said it was still examining whether Penn State violated the Clery Act, but declined to comment on Freeh's report.

Could this be part of the reason why the DOE is investigating Montana? Compliance with the Clery Act is lacking? I've not see the Clery Act mentioned before here on egriz...but I could've missed it too.

 

[AllWeatherFan]

This came out in Freeh's report on Penn State this morning....

http://espn.go.com/college-football...senior-officials-disregarded-children-welfare

The U.S. Department of Education is examining whether the school violated the Clery Act, which requires reporting of certain crimes on campus, including ones of a sexual nature. The report said Penn State's "awareness and interest" in Clery Act compliance was "significantly lacking."

Only one form used to report such crimes was completed on campus from 2007 through 2011, according to the Freeh findings. And no record exists of Paterno, Curley or assistant coach Mike McQueary reporting that McQueary saw Sandusky in a shower with a boy in 2001, as they would be obligated to do under the Clery Act.

As of last November, Penn State's policies for Clery compliance were still in draft form and had not been implemented, the report found.U.S. Department of Education said it was still examining whether Penn State violated the Clery Act, but declined to comment on Freeh's report.

Could this be part of the reason why the DOE is investigating Montana? Compliance with the Clery Act is lacking? I've not see the Clery Act mentioned before here on egriz...but I could've missed it too.

From what I've heard, Van Valkenburg's issue with the DOJ is that they won't tell him what their legal concerns are, and he is unwilling to take part in an investigation until he knows what rules his office has allegedly not followed. Of course, instead of just articulating it that way, he has blustered his way into a big mess. But I think you've gotten to the heart of the conflict by asking that question, ordigger.

 

[BWahlberg]

The DOE investigation was filed by a student or students that felt either their working with or close contact with/around the football team was an uncomfortable or harassing situation. KPAX or someone had posted the complaint form. I thought that was why they were here.

However much like we've seen with the DOJ (expanding their search) and the NCAA (will expand their search until they find something) I'd bet the DOE will do the same, probably under this act.

 

[PlayerRep]

I believe the feds were doing a reporting/Clery Act audit late last summer or fall (and that this was routine), and a report (for multiple schools) is due out later this summer. Like virtually all schools, UM's reporting system had issues. Historically, Clery Act reporting hasn't been done very well by most schools. It's not a substantive thing anyway. It's just for gathering stats and making them publicly available with the federal government. Historically, most schools haven't been excited about going out of their way to gather every single allegation of sexual harassment or asssault, especially the seemingly bogus ones, so that the problem would look bigger than it really was. While the feds rarely, if ever, fine universities for poor reporting, that is always a possibility. The university system/board of regents recently authorized the creation of a reporting officer for all of the schools. All of this has been mentioned in various newspaper articles and/or on egriz.

 

[Grisly Fan]

From Wikipedia:

"The Clery Act requires all colleges and universities that participate in federal financial aid programs to keep and disclose information about crime on and near their respective campuses. Compliance is monitored by the United States Department of Education, which can impose civil penalties, up to $27,500 per violation, against institutions for each infraction and can suspend institutions from participating in federal student financial aid programs."

 

[PlayerRep]

This Kaimin article seems to have good information on this subject. I think the Kaimin article was previously linked on egriz.

http://www.montanakaimin.com/mobile/news/um-crime-reporting-flawed-1.2860731" onclick="window.open(this.href);return false;

 

[getgrizzy]

this was in the freeh report too. i only see two items on this list that we're probably guilty of. desire to avoid bad publicity and a culture of reverence for the football program (didn't know there's anything wrong with that). not sure that we might not fall into the lack of empathy and ignorance. i don't think engstrom has discouraged discussion and dissent. i don't know if the football program opted out of programs and training, but that did occur at least once right after gee took over. of course there are other things that we might've done that aren't on this list. freeh's report is a lot more scathing than barz's report.

The report says the main cause of the university's failure was a desire to avoid bad publicity. Also contributing:

•A striking lack of empathy for child abuse victims.
•Lack of oversight by the board of trustees.
•"A president who discouraged discussion and dissent."
•Ignorance of child abuse issues and laws.
•A football program that had opted out of university programs and training on reporting requirements.
•"A culture of reverence for the football program that is ingrained at all levels of the campus community."

 

[PlayerRep]

this was in the freeh report too. i only see two items on this list that we're probably guilty of. desire to avoid bad publicity and a culture of reverence for the football program (didn't know there's anything wrong with that). not sure that we might not fall into the lack of empathy and ignorance. i don't think engstrom has discouraged discussion and dissent. i don't know if the football program opted out of programs and training, but that did occur at least once right after gee took over. of course there are other things that we might've done that aren't on this list. freeh's report is a lot more scathing than barz's report.

The report says the main cause of the university's failure was a desire to avoid bad publicity. Also contributing:

•A striking lack of empathy for child abuse victims.
•Lack of oversight by the board of trustees.
•"A president who discouraged discussion and dissent."
•Ignorance of child abuse issues and laws.
•A football program that had opted out of university programs and training on reporting requirements.
•"A culture of reverence for the football program that is ingrained at all levels of the campus community."

None of those are applicable to UM.

 

[Gaeilge1]

I'm curious why a finding of "Ignorance of child abuse issues and laws" would be germaine to a federal investigation and be included in a that investigations report? Since child abuse laws are jurisdictional specific, albeit similar throughout the country, wouldn't this be a state violation rather than a federal one?

 

[tnt]

I'm curious why a finding of "Ignorance of child abuse issues and laws" would be germaine to a federal investigation and be included in a that investigations report? Since child abuse laws are jurisdictional specific, albeit similar throughout the country, wouldn't this be a state violation rather than a federal one?

It was an internal investigation done by a former FBI director for Penn, very similar to the Barz report. AND probably for the same reason "fluff" for the press.

 

[tourist]

This act, that act. How do you run anything these days? Seems you have to have a team of lawyers to make sure you don't violate some goddamn act. The country has gone to hell.