Mr. Clery. Thank you, Mr. Chairman. We're delighted to be here and speak strongly in favor of H.R. 3344, and we particularly want to salute Representative Goodling, and I speak for alot of the victims who are here at this meeting today, that you have helped us a lot, sir.

Connie and I have prepared a statement, which was given to your office, and this testimony, we would hope, would be entered into the record with your permission. Additionally, Mr. Chairman, we would like you to accept a prepared statement by Mr. Frank Carrington, our legal counsel, which supplements our statements with information of a legal and policy nature.

We request that Mr. Carrington's statement be entered into the record, also.

Mr. Poshard. Without objections, all statements mentioned will be entered into the record.

Mr. Clery. Let's begin our saga and maybe we can tie in what happened to the Clery family with the lack of information on college policies that are far too prevalent in the United States.

Our two sons graduated from Tulane University, and we were on the parents' committee there for five years. During the year that Jeanne was getting ready to apply to colleges, President Eamon Kelley advised us of a rape in a female dormitory, and then tragically Dr. Menckens' daughter was brutally raped and murdered there, and Dr. Mencken is here with us today.

We were rather pleased when Jeanne decided to go to Lehigh University because it was only an hour away from our home, and of course, Tulane was quite a distance away, and we were already concerned and our boys had told us they didn't think New Orleans was such a great place to be, particularly for a girl.

On April 5, 1986, the whole Clery family fell victim to the medieval myth that college campuses that look safe are safe, and the policy of a lot of college campuses, if it's negative to their image, is what you don't know can't hurt you.

Our freshman daughter, Jeanne, was asleep in her dorm room at 6 a.m. in the morning when she was brutally murdered by a Lehigh student, who she did not know, who began by robbing her room while she was asleep.

What Jeanne didn't know, and her fellow students didn't know, and were never told by Lehigh University, that there had been 38 violent crimes on campus between 1984 and 1986. Over 50 percent of these crimes were committed by Lehigh students, and that's a college of 4,000 undergraduates on an 800-acre campus.

The murderer entered her coed dorm easily because three automatically locked doors had been taped opened by students who were shacking up. Lehigh University later on in the trial admitted that they never had any punishment for somebody who propped open doors. They had never heard of anybody being punished, and this came from the dean's office.

However, Jeanne never knew that the student's security patrol that night neglected to secure the locked doors that might have saved her life, and although this patrol stated that they had locked and secured the doors, testimony in the criminal trial contradicted that, and these students were hired by Lehigh University.

They were paid, and in a sense, agents of the university, and I guess, the university and Jeanne got what they paid for, minimum wage.

Jeanne was raped, sodomized, her neck cut, and she was strangled to death by Joseph Henry, who then proceeded to finish robbing her room. Jeanne never knew that every ten days a murder occurs on a college campus.

Jeanne never knew that one out of six women students is sexually assaulted on her college campus, on all college campuses. Jeanne only knew that it was happening to her, and all Lehigh University had done in their pre-freshman orientation had passed out five cent plastic rape whistles.

Going on, that night her murderer told his friends that he was going out to steal golden boxes. They didn't try to stop him. He was a drug abuser and alcohol abuser, and evidentially, this was normal operating procedure.

After he had murdered Jeanne, he returned to his living quarters, and he told his roommate what he had done, and showed him the goods that he had stolen from a white bitch.

During the next 12 to 20 hours, he bragged what he had done to four other Lehigh students. The Lehigh campus police were now off the case, and the state police were in charge of the investigation. They were questioning hundreds of students.

It was interesting. We were not aware, and we found this out in a preliminary hearing, that it was a policy of Lehigh University that the Lehigh campus police, who were duly sworn police officers, they were prevented from patrolling dormitories, fraternities and sororities, and these are the three most dangerous places on a college campus.

Campus administrators would like you to believe that the threat comes from the outside, and I think you have heard today that it does not come from the outside, it comes from the inside, but to maintain a pleasant atmosphere, most colleges and universities are not patrolling the areas that are truly dangerous, and that's right in the dormitories.

It is interesting also that if you don't patrol dormitories and the sororities and fraternities, your expenses aren't too high. At Lehigh, only three-tenths of one percent of their operating budget was spend on security, probably less than a varsity sport.

Getting back tot he anatomy of a murder, Joseph Henry's friends finally reported him to the state police, who are now in charge of the case. One year later, Jeanne's murderer was found guilty of murder one and sentenced to death.

We endured the pre-trial hearings and a two-and-half week criminal trial. We learned that her murderer abused alcohol and drugs, that he hated women, and he learned to hate whites at Lehigh.

One of the reasons he was in a rage was that he had just lost the presidency of the black student's association by one vote that night, that he had urinated in fraternity punch bowls, and that he had publicly masturbated in the library to show his contempt for that institution. They had him on a full scholarship.

We also learned that he had flunked out of Lehigh, was off-campus for a year, and readmitted in the fall of 1985, that he had a run-in with the campus police, that he had been fired for violence at a Burger King in Newark, New Jersey, one month before he was readmitted to Lehigh and given a job, can you imagine, in dormitory operations.

They never did any due diligence to find out what his previous work record had been. Evidentially, SATs tell all to the educational committee, academic committee in our society.

We also learned that Lehigh had kept for many years propped doors statistics. During the six and a half months Jeanne was on campus, there were 2,000 propped doors on this campus-181 in Jeanne's dorm, but Lehigh had never done anything to correct the problem. They never punished any student who propped open a door.

During the trial, it was described by the defense attorney that Lehigh was awash in alcohol from Thursday to Sunday night. The university did little to actively enforce the Pennsylvania underage drinking laws on campus, especially if the 20 odd fraternities that are all located on campus, and as you know, 80 percent of the undergraduate students are underage, and what a message we send to our kids when the president of a university says, "Well, kids, have a wet weekend."

Alcohol is regularly used by many private institutions as distinct from public institutions as an alcohol pacifier. Right after the murder at Lehigh University, the vice president of student affairs Marcia Duncan, kept repeating to the press that Lehigh had a good security system.

A trustee, Mr. Pendleton, was urged by the president of Lehigh University, Peter Likens, to do a report so that he could hand it over to us. It was a one and a half page report that the trustee had made only talking to student groups, to nobody involved in security.

The thrust of his letter was that, although it was a tragic incident, Lehigh was not to have any blame put on it, and he spent the rest of the letter congratulating the vice president of student affairs and the dean for the wonderful security system that they had in place.

The president sent me a copy of this whitewash and said he felt assured and he hoped we would also be assured, but Connie and I were far from assured.

As a matter of fact, a year later, we litigated against Lehigh University, and they settled with us in a manner that was satisfactory to us, and so, we are here before you to try to save lives, to cut down the victimization that is going on in our college campuses.

We think that Representative Goodling's bill and his comments hit it right on the head when he said, "If you knew the amount of campus crime, which according to you is day to day, is running 5 percent annually higher than the National crime rate, if this was known by alumni, students, parents, and faculty, universities would do a hell of a lot more to provide adequate security and to live up to their role as a part of our total community that must respond to law, and have no exceptions made simply because they are a university."

Thank you very much.

[The prepared statement of Mr. & Mrs. Howard Clery follows:]

Background Summary:

"One of the best kept secrets in the country,- is the extent of serious crime on our university campuses. Students and their parents have every right to know and determine the degree of safety they will have during their academic career". Representative Richard A. McClatchy Jr., Pa.

The majority of our nation's universities do not readily provide timely comprehensive and accurate Campus Security Information to their following constituencies:

A. Full Board of Trustees-who are potentially legally liable

B. Faculty members-who are potential victims

C. Employees-who are potential victims

D. Students-who are potential victims

E. Prospective students and parents-who are potential victims.

In support of Comprehensive Campus Security Information:

The following are some of the organizations and institutions in support of readily available and accurate information:

A. International Association of Campus Law Enforcement Administrators-Arnold Trujilo, President, supports both state and federal laws requiring fully disclosure. "I would support it and most of my colleagues as well would. It will assist us in reporting what is actually happening on college campuses and it would enhance crime prevention movements on our campuses".

U.S.A. Today 9/6/88

Asa Boynton, Past President of I.A.C.L.E.A. is quoted as saying "some schools don't report crime because they are fighting for students and concerned about their images. If Campus Police Chiefs were candid, many would say "I would like to report but my boss says I can't".

B. University of Washington Police Chief Michael G. Shanahan regularly reports campus crime statistics in the student newspaper. As a result, violent campus crimes have been reduced by 50% in the last year, 1989. He feels campus crime reporting allows the campus community to take mature safety measures. Also, the university administrators are forced to provide adequate resources to provide a safe environment.

C. American Council on Education-Sheldon E. Steinback, V.P. and General Counsel, "I think if you have knowledge that something has happened, and you fail to inform people, you wind up increasing your potential liability". The Chronicle of Higher Education, 9/28/88.

D. Center for the Study and Prevention of Campus Violence, Towson State University, Maryland-Robert B. Cave, Associate Director, "University Administrators are learning that an institution's crime record is one facet that students are going to look at when they decide where to attend."

E. Presidential Commission for Victims of Crime, former member, Frank Carrington, current Legal Advisor to the National Victims' Center,-"Negligence suits by victims of crime versus colleges and universities are increasing at a substantial rate. Federal and State Courts are finding that those institutions have "A Duty to Inform and based upon campus crime records they may be held liable for Foreseeable Occurrences".

F. Boston University-Christopher Queen, Director of Judicial Programs,-"I support the Clery Act. It is long overdue!" Allston Brighton Journal, 3/2/89.

Frequent Arguments Against Passage of Legislation:

The following summarizes the arguments used by University Administrators and Lobbyists:

A. It will cost too much to provide this information.

B. It forces the institution to publish negative information.

C. Students and parents will not know how to interpret the crime statistics.

D. The Campus Security Information Reports will lead to more negligence suits versus the institutions.

E. Institutions in particular reporting state, will be unfairly compared to institutions in other states which are not compelled by law to report.

Rebuttal to Arguments Against Passage of Legislation:

A. The cost to disseminate accurate information is negligible.
-Crime statistics for the prior 3 years are easily given to students on campus, faculty and employees by using in-house publications and the student newspaper and radio station.
-Institutions already flood applicants and their parents with tens of thousands of dollars worth of published material about the institutions, i.e., catalogues, handbooks, brochures and letters. The Campus Security Information can easily be included in the material already being sent out at low cost.
-Almost all institutions with a campus police force or security agency, keep Daily Police Logs. It takes approximately 30 minutes monthly to compile felony statistics for: murder, rape, robbery, aggravated assault, burglary, arson, etc.
-If an institution does not have Daily Police Logs and summaries, they do not have an effective security system in place to prevent campus crime.

B. No one likes to publish their dirty linen in public, but federal and state laws require business, hospitals, etc., to publish to employees unsafe working conditions and hazardous materials. Consumer laws also require labeling of products that are harmful or have serious side effects. An informed public has a right to know. Shouldn't the students, faculty and employees of our colleges and universities also have a right to know? No student or parent should have to refer to the F.B.I. Uniform Crime Report to determine the degree of campus safety. The vast majority of these people do not know this report exists and only 12% of campuses report annually to the F.B.I.

C. It is very easy for students and parents to interpret campus crime statistics. They are not stupid! Research by the Center for the Study and Prevention of Campus Violence at Towson State University and U.S.A. Today's Pulitzer Nominee for their 3 day series of articles on Campus Violence reveal that the violent crimes per hundred students do not change significantly between Urban, Suburban and Rural campuses nationally. The reason is: students commit over 50% of the violent campus crimes. In 80-90% of these violent crimes committed by students, alcohol and drug abuse are involved. Campus underage drinking is at epidemic proportions and universities are not enforcing the State Laws already in place. Far too many institutions treat enforcement of Federal Drug Laws with benign neglect.
Mr. Dallas Martin, President of the National Association of Student Financial Aid Officers representing 3,3000 universities, states his organization's opposition to reporting or canceling Federal Student Grants to known student drug abusers or sellers, in spite of the fact, that student recipients sign a drug-free pledge when applying for Federal Grants. (New York Times. 10/8/89)

D. Campus Security Information Reports will not lead to increased litigation. Institutions crime reports, etc., are usually subpoenaed by court order and are thus available to plaintiffs.

E. Our institutions should be safe places for their students-first and foremost. The reputations of our colleges and universities do not take precedence over the awareness of its students for their safety. Institutions of higher learning usually pride themselves for disseminating the truth, be it good news or bad news. Why do they object and wish to hid the truth concerning campus crime?

Outline on Campus Crime:

A. Only 10-12% of the colleges and universities report their crime rates to the F.B.I. for inclusion in the Annual Uniform Crime Report for American Colleges and Universities. How many prospective students and parents even know this very incomplete report is available?

B. U.S.A. Today Series of Articles got 690 institutions, out of 1,4000, to report their crime statistics. Here are their findings:
-1987 there were reported by Campus Police Chiefs 285,000 campus crimes:

31 Murders

600 Rapes-90% of rapes go unreported and their best estimate was 6,000 rapes occurred.

1,800 Armed Robberies

13,000 Assaults

22,000 Burglaries

3,300 Drug Law Violations

-1987 campus crimes were up 5% from 1986. The National Crime rate went up 1.8% in 1987.

-1 out of 500 students will be a victim of violent crime.

-Students commit over 50% of the violent crime. Alcohol and drug abuse were involved in 80% of these cases.

C. The Santa Monica Rape Center and Towson State University Center for the Study and Prevention of Campus Violence have completed studies showing 1 out of 4 to 1 out of 6 women students are victims of sexual assault while on campus. The most common type of rape is "acquaintance" rape. Their surveys also show 30% of male students interviewed believe it is o.k. to force sex on a female student. 15% of male students interviewed admit to forcing sex on fellow female students. Campus rape is a national scandal and growing. Why do most institutions now have Campus Rape Centers?

D. It is very important that the Attorney General's Office enforce H.R. 3344. Many institutions do and will report fewer crimes than actually took place. Examples:
-Cornell University had a double murder in the dormitory room of 3 women students in 1983. Cornell for years reported their crime statistics for the F.B.I. Uniform Crime Report. They did not report the 2 murders for inclusion in the Report.
-Mount Aloysius Junior College in Pennsylvania reported 93 crimes for 1987 in the U.S.A. Today Report. The President forced the head of Campus Security to amend the report to 1 crime. Since then, the head of Campus Security has been fired.
-Harvard University-"When Harvard students are the ones involved in illegal activities", however, Harvard police say they do not always enter arrests in the Daily Police Blotter. Harvard Police Paul E. Johnson was quoted as saying "When a Harvard student is arrested, it may be omitted from the Log to avoid embarrassing the person". Article of 3/17/90-The Harvard Crimson by Joshua A. Gerstein.

Conclusion:

The reports available show campus crime is a hidden national scandal! One out of five students is a victim of crime. The future of our country is tarnished accordingly.

We petition you in memory of our daughter, Jeanne, who was tortured, raped, sodomized and strangled in her dormitory room by a Lehigh University student whom she did not know and who was a drug and alcohol abuser robbing her room at 6:00 a.m. in April 5, 1986. Her murderer received the death penalty.

Respectfully submitted,
Connie and Howard Clery