Discussion List for campus-based and allied personnel working to end gender-based violence on campus.

["S. Daniel Carter" <>]

Issuing a timely warning under the Clery Act for every report of sexual assault, or any other crime for that matter, is inconsistent with longstanding U.S. Department of Education (ED) guidelines.

 

ED, in The Handbook for Campus Safety and Security Reporting, 2016 Edition on page 6-13, states that “Whether you issue a timely warning must be decided on a case-by-case basis in light of all the facts surrounding a crime”. It is important, however, to likewise remember that this means that every Clery reportable crime (a crime category that goes in the statistics, was reported to have happened in Clery geography, and was reported to a Campus Security Authority) must be evaluated by an institution to determine if it is “considered by the institution to represent a serious or continuing threat to students and employees.” There are no exceptions to the rule that whether or not a threat is posed must be evaluated, and no absolute criteria (such as distance in time between when it happened and when it is reported, or the nature of the relationship between the parties involved) may be used.

 

In order to effectively accomplish this each institution must have an officially adopted policy outlining which official, office, or designee makes the determination and how, keep a record for seven years justifying and documenting each decision, and disclose a summary of the policy as the timely warning policy statement in the Annual Security Report (ASR). ED has established in enforcement actions that they will apply a “reasonableness” standard to each decision they evaluate. Please note that while campus public safety is most often tasked with this responsibility, an institution may also designate either additional other officials or an alternate official. ED provides recommendations for factors to consider in making this decision in the Handbook linked above, and additionally an institution may take steps to affirmatively mitigate the threat thus eliminating the need to issue a warning.

 

One of the most important reasons for not issuing timely warnings for every Clery Act crime is to avoid “alert fatigue”. When students and other campus community members receive a timely warning or emergency notification they need to know they need or may need to take some immediate action. A promising practice to address transparency is to provide an non-emergency opt-in list for additional incidents that may be issued either as significant cases arise and or on a set timetable, such as weekly. Transparency is critical, but timely warnings aren’t always the appropriate channel.

 

Further, ED on page 4-8 of the Handbook, states “In most cases it is possible for a CSA to fulfill his or her responsibilities while still maintaining victim confidentiality.” In the case of timely warnings they additionally advise “those responsibilities can usually be met without disclosing personally identifying information.” This is an important distinction in respecting the privacy wishes of those who report crimes and should be incorporated into the requisite Clery reporting policies.

 

I hope this helps you better understand the foundational elements for how best to answer this question for your institution. If you have any questions don’t hesitate to ask.

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S. Daniel Carter, President

Safety Advisors for Educational Campuses, LLC

Inspire - Engage - Equip - Empower

http://safecampuses.biz

P.O. Box 2019, Thomson, GA 30824

Phone 202-684-6471

 

 

From: "" <> on behalf of "Rhyne, Rina" <>
Date: Tuesday, October 8, 2019 at 1:55 PM
To: "" <>
Subject: Timely Warning every time your receive a report??

 

Hello, 

 

I am looking for criteria that your school uses for issuing a timely warning related to sexual assaults. Mainly - does your school issue an alert to the campus every time an on-campus sexual assault is reported to a non-confidential employee (including rape that happens in the context of a relationship)?

 

Thank you,

Rina

 

 

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Rina Vaishnav Rhyne, LMSW

Deputy Title IX Coordinator

1021 Dulaney Valley Road

Alumni House

Baltimore, MD  21204-2794

410-337-6329

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