USDOE Review: University of North Carolina Violated Campus Safety Laws, Had ‘Lack of Administrative Capability’
North Carolina November 20 2019
After six years of conducting a review, the U.S. Department of Education released its full results of UNC’s compliance with the reporting of crime and safety statistics.
The report found the university violated the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, better known as the Clery Act, which entitles students and employees to receive accurate information about the realities of threats to their personal safety and security of their property.
The initial report in 2017 found UNC had “failed to to meet its regulatory responsibilities in numerous and serious ways,” citing systematic failure to provide students and employees with important campus crime information and services essential to safety and security. The review said the university failed to properly issue timely warnings for ongoing threats, compile and disclose accurate crime statistics in annual safety reports, comply with the Clery Act’s sexual assault prevention, response, and disciplinary requirements, and six additional requirements.
The final report says the university acknowledged its errors and strengthened its Clery Act compliance program after the initial review. It says, however, UNC’s difficulties preparing its official response with proper crime statistics and information lead the Department of Education to remain concerned about the school’s willingness to fully comply with the law.
“The University’s inability to produce such materials in an effective and efficient manner manifest evidence that the administrative impairments documented throughout the program review process continued well into 2019,” reads the report. “Moreover, it is abundantly clear that the Department’s intervention was the impetus for substantially all of the remedial steps that were taken by the University and that no such action would have been taken if the agency had not intervened by conducting this review.”
The Department of Education commenced its campus crime program review of UNC in April 2013 following two complaints by alumnae, who said they were sexually assaulted and the university mishandled their cases. The review period was expanded in 2014 to further examine how the university responded to and reported crimes. The study reviewed campus threats and crimes dating back to 2009 up to 2016.
Interim chancellor Kevin Guskiewicz wrote a letter to the campus community Monday night addressing the report.
“While we have made many safety improvements and staffing changes since 2013,” Guskiewicz said, “the shortcomings noted in the review are extremely concerning, disappointing, and do not meet the University’s high standards.”
In his letter, Guskiewicz said he, UNC Police Chief David Perry, and his leadership team are deeply committed to ensuring the UNC campus and surrounding areas are safe for the campus community.
“We will continue to invest in resources and training to ensure the university has the right tools and procedures to accurately prevent, respond to and report crimes, and issue timely notice of any known safety threats to the campus community,” he wrote. “I will continue to keep you updated on our comprehensive efforts to improve campus safety and security at Carolina.”
UNC could potentially faces substantial fines from the federal government, according to a letter to the university from Director of the Clery Act Compliance Division Julian Schmoke. The report says the Department of Education will continue to monitor the university’s progress through a post-review monitoring program.
