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Colleges conflicted after US eases crime-reporting rule

Trump move welcomed as regulatory relief, but some onlookers expressed fears over effects on students

Published on
October 30, 2020
Last updated
November 2, 2020
Source: istock

The Trump administration has rescinded guidance on how US colleges should track and report campus crimes, easing a regulatory and financial burden but raising concerns about overall student safety.

The move concerns the Clery Act, a 1990 law named after a Lehigh University 蝉迟耻诲别苍迟听聽that requires institutions to track and report crime data in their local area.

US colleges have not actively protested the law, although some聽聽over the paperwork burden, the federal interference it encouraged, the threat of substantial fines for violations and doubts over how much the overall effort actually helps students.

The leading umbrella group for US higher education, the American Council on Education, offered praise for 鈭 marking a relatively rare positive response to a Trump administration initiative.

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鈥淲e think this is a welcome development,鈥 said Terry Hartle, the council鈥檚 senior vice-president for government relations. 鈥淚t鈥檚 consistent with the deregulation agenda that we would normally expect to see from a Republican administration.鈥

As a law, the Clery Act itself cannot be revoked without the approval of Congress. Instead, the administration announced that the federal government will聽聽a 260-page handbook of accumulated guidance for colleges on how to handle specific situations.

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Major effects of that change, according to several Clery Act experts, include lowering the number of campus officials considered legally required to report potential crimes and shrinking the geographical areas that institutions must consider in their data collection.

Fines against colleges for聽聽by the Clery Act generally run to tens of thousands of dollars, but two of the biggest sanctions ran into the millions and involved infamous sexual assault cases. They are the $4.5 million (拢3.5 million) fine last year against Michigan State University over sports doctor Larry Nassar and the $2.4 million fine in 2016 against Pennsylvania State University over football coach Jerry Sandusky.

The administration鈥檚 change is unlikely to preclude large fines in similarly egregious cases in the future, said Alison Dougherty, associate vice-president of human resources and Title IX coordinator at Widener University.

But in more routine situations, Dr Dougherty said, where universities may overlook some crime-related data, the formal cancellation of the federal handbook could give institutions more latitude to escape legal liability.

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That is not necessarily a positive development for student well-being, she said. 鈥淚 would be concerned if an institution sees this as an opportunity to dial back some of what they鈥檙e doing,鈥 said Dr Dougherty, a former executive director of the Clery Center for Security on Campus, a non-profit advocate of campus crime reporting.

Abigail Boyer, a current associate executive director of the Clery Center, offered a similar assessment. The federal handbook 鈥渨as a really critical resource, especially for some of the common technical questions that institutions have鈥, she said.

鈥淲别听聽about removing it entirely, only because I don鈥檛 think the questions are going to go away 鈭 there鈥檚 just going to be one fewer resource to address them,鈥 Ms Boyer added.

The director of Clery compliance at the US Education Department, James L. Moore III, said administration officials have generally limited him from discussing the matter.

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paul.basken@timeshighereducation.com

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