March 5, 2024, U.S. Department of Education (“Department”), Liberty University (“freedom”) agreed to pay a $14 million fine for serious and continuing violations of the federal Clery Act. This fine was imposed by the Office of Federal Student Aid (“Financial Services Agency”) is the largest amount ever imposed under the Act.
The Clery Act is a consumer protection law designed to provide transparency regarding campus crime policies and statistics. The law requires universities receiving federal funding to submit a public annual security report (“ASR”) provided to employees and students, including campus crime statistics for the past three calendar years. ASR includes crime reporting, campus facility security and access, law enforcement, alcohol and drug use incidence, and sexual assault. , domestic or dating violence, and stalking prevention and response policy statements should also be included.
In the case of Liberty, the department found numerous incidents of misclassification or underreporting of campus crimes, particularly related to sexual crimes. Federal investigators uncovered instances in which university investigators mishandled claims or failed to properly investigate them. These findings include a lack of management capacity, inaccurate and incomplete disclosures, failure to comply with the requirements of the Violence Against Women Act, and failure to issue emergency notifications and timely warnings in accordance with federal regulations. .
The Liberty case serves as a warning to all universities that receive federal funding from the FSA. These organizations should closely monitor compliance with Clery Act requirements and ensure that campus crime reporting systems are timely and accurate. The Clery Act outlines five key compliance requirements. At a minimum, universities must ensure that i) report annual crime statistics to the Ministry; ii) maintain an emergency response program to notify the community of emergencies and alert them to threats; iii) Maintain daily crime and fire records. iv) implement and disclose policies and procedures regarding sexual assault, dating, domestic violence, and stalking; v) Provide training to all campus security authorities.