Tuesday, August 23, 2011

Washington State University gets hit with Clery Act fine

Text:
This letter is to infonn you that the U.S. Department of Education (Department) intends
to fine Washington State University (WSU) a total 0[$82,500 based on the violations of
statutory and regulatory requirements outlined below. This fine action is taken in
accordance with the procedures that the Secretary of Education (Secretary) has
established for assessing fines against institutions participating in any or all of the
programs authorized under Title IV of the Higher Education Act of 1965, as amended, 20
U.S.c. § 1070 et seq. (Title IV, HEA programs). Under the Department's regulations,
the Department may impose a fine of up to $27,500 for each violation. 34 C.F.R. §
668.84. As detailed below, this fine action is based on WSU's failure to comply with the
requirements of the Jeanne Clery Disclosure of Campus Security Policy and Campus
Crime Statistics Act (the Clery Act) in Section 485(1) ofthe HEA, 20 U.S.C. § 1092(1),
and the Department's regulations in 34 C.F.R. §§ 668.41 and 668.46.
Under the Clery Act, institutions participating in the Title IV, HEA programs must
prepare, publish and distribute an Annual Security Report (ASR) by October I of each
year. 34 C.F.R. § 668.4 I (e). The ASR must include a description of the institution's
campus security policies in specific areas. 34 C.F.R. § 668.46(b). Specifically, the ASR
must include a statement of current campus policies for making timely warning reports to
members of the campus community regarding crimes, such as forcible sex offenses;
policies encouraging prompt reporting of crimes to the police; written procedures to
encourage professional counselors to infonn the persons they are counseling about
procedures on voluntary, confidential reporting of crimes; a statement that includes
sanctions the institution may impose following a final detennination of an institutional
disciplinary proceeding regarding rape, acquaintance rape, or other forcible or non-
forcible sex offenses. 34 C.F.R. § 668.46(b)(2).
Source: http://www.nacua.org/documents/CleryAct_LetterWSU.pdf


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