Arizona State violated the Clery Act, Ed Dept says

by Jeremy

Dive Brief:

  • Arizona State University violated the Clery Act, a fundamental federal law that requires public disclosure of some campus crimes, the U.S. Department of Education determined in a letter made public this week.
  • According to federal rules, students who report sexual violence and those they are accusing must be told in writing simultaneously about the outcome of a disciplinary hearing related to the allegations.
  • This did not occur with one student who reported her rape last year, as Arizona State officials required her to sign a nondisclosure agreement before receiving the case’s written findings.

Dive Insight:

The Clery Act requires colleges that receive federal funding to report certain crimes to the federal government.

Over the last several years, the Education Department beefed-up law enforcement, fining the University of California, Berkeley, nearly $2.4 million for Clery violations related to misclassifying crimes. It handed Michigan State University a $4.5 million fine for failures in handling reports of sexual abuse by former athletics doctor Larry Nassar, who pleaded guilty to sexually abusing patients.

Arizona State violated the Clery Act, Ed Dept says

An amendment to the Clery Act in 2013 expanded its scope, setting up new standards for campus disciplinary proceedings, including the mandate that colleges inform students of their outcome in writing.

However, the department has long held that colleges can’t put conditions — such as a nondisclosure agreement — on students accessing case information they’re entitled to under the Clery Act.

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