I would like to see your full article on the Campus SaVE Act posted here, especially since it might be incorporated into reauthorization of VAWA. The devil, as always, is in the details, so let's have as close a reading of the language as we can now. As
robust as the conversation has been about SaVE, I for one haven't paid as much attention as I should to the development of the final version and its potential for use or misuse.
Corrie Martin
Director
Women's Resource Center
University of the Pacific
3601 Pacific Ave.
Stockton, CA 95211
Office Phone: 209.932.2815
Campus Resources
Student Victim Advocate (confidential): 209.403.0250
Public Safety: 209.946.3911 (emergency) or 209.946.2537 (non-emergency)
Counseling Services (confidential): 209.946.2315 x2
Stockton and San Joaquin County Resources
Women?s Center of San Joaquin County (24-Hour Sexual Assault Helpline): 209.465.4997
Stockton Police Department: 911 or 209.937.8377 (non-emergency)
From: Wendy Murphy <>
Date: Thu, 19 Jul 2012 08:14:04 -0400
To: <>
Cc: <>
Subject: Re: PENN STATE AND THE LOUIS FREEH REPORT: SCATHING INVESTIGATION OR EXPENSIVE DISTRACTION?
Dan;
My editor cut a lot for space. I had included more about why there would have been no timely warning requirement on the 2001 incident because Clery only requires a warning IF the incident posed a risk of harm to the school community.
Rape of a child easily escapes Clery Act requirements because the school community is comprised of adults at Penn State.
School officials have discretion to determine whether there is a "risk of harm" sufficient to require a report.
Penn State didn't even file a report with cops under mandatory child abuse reporting, which laves NO discretion for non-reporting. It hardly makes sense to claim that Clery would have made a difference when it requires even less in terms of mandates.
It's a crime not to file a child abuse report. It's not a crime to violate Clery.
The Clery Act may be important but it is not more important than Title IX re: systemic failures at Penn State because Clery is not designed to facilitate redress in a particular case, or to the school community, as is Title IX.
Wendy Murphy
New England Law|Boston
(PS - I have prepared a long critique of the Campus SaVE Act, for those who are interested, and am willing to send backchannel to anyone who wants to read why I believe the bill is dangerously bad law and will facilitate rather than deter sexual violence
on campus. In a nutshell, elite schools' lobbyists support the bill and the language has evolved such that it will effectively GUT the Dear Colleague Letter if enacted. It's too long to send to this list, though I will gladly post here if folks want me to.
In the meantime, I'll send backchannel upon request).
-----Original Message-----
From: S. Daniel Carter <>
To: wmurphylaw <>
Cc: sapc <>
Sent: Wed, Jul 18, 2012 11:36 pm
Subject: Re: PENN STATE AND THE LOUIS FREEH REPORT: SCATHING INVESTIGATION OR EXPENSIVE DISTRACTION?
Wendy,
Compliance with the Clery Act could have changed everything. At Penn State, as
at most institutions with sworn police, the campus police compile the statistics
and are at least involved in the "timely warning" decision making process. In
order to meet their timely decision making obligation details would have to have
been disclosed to the police who, as they did in 1998, would have almost
certainly then investigated the 2001 assault.
It is true institutions have alternative or parallel options to comply that
could bypass police while remaining in compliance, but Penn State didn't. To be
in "full compliance" under those circumstances means reporting to the police.
While their are no guarantees, this could have led to a very different outcome.
--
S. Daniel Carter
On Jul 18, 2012, at 1:35 PM, wrote:
> Why is there no mention of Penn State’s failure to comply with Title IX, a
federal civil rights law that applies to campus sexual assault and obligated
school officials to provide a “prompt and effective response” in the aftermath
of Sandusky’s 2001 rape of a child in a Penn State locker room? Freeh instead
writes at length about Penn State’s noncompliance with a different federal law,
the Clery Act, which deals with statistical reporting of campus crimes, and
which would have changed nothing even if there had been full compliance.
