For Immediate Release
February 13, 2004
(610) 768-9330
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For Immediate Release |
Contact: S. Daniel Carter (610) 768-9330 |
"The allegations against WVU present the worst case of corruption we have encountered to date," said Benjamin F. Clery, SOC's President, and the brother of the murdered college student for whom the federal campus crime reporting law is named. "We expect the Department of Education to conduct a thorough investigation and to fine WVU $27,500 for each violation of the Clery Act."
The federal complaint follows a $868,000 civil court judgment against WVU for retaliating against two University Police officers, and firing a third over their attempts to report officials for falsifying campus crime statistics. The officers charged that reports which should have been classified as burglaries, which are reportable under the Act, were being classified instead as "Petit Larceny" or theft, which is not reportable in annual statistics. At least 31 incidents between 1997 and 2000 were documented by the officers.
"It is important that institutions properly classify crime reports for disclosure under the Clery Act," according to the complaint filed with ED officials in Philadelphia, Pennsylvania. "Only in this way will students understand the true extent of crime on their campus allowing them to make informed decisions about avoiding risk."
Under the Jeanne Clery Act, developed by the co-founders of SOC, Connie & Howard Clery, after their daughter Jeanne was murdered at Pennsylvania's Lehigh University in 1986 by a student burglarizing her residence hall room, colleges have to accurately report crime statistics to their students and employees. Schools that fail to do so face fines, and risk losing their federal funding.
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HAND DELIVERY
Mr. James Moore
U.S. Department of Education
Wanamaker Building, Room 511
100 Penn Square East
Philadelphia, PA 19107
Re: West Virginia University
Dear Mr. Moore:
Serious concerns about West Virginia University's compliance with federal campus crime reporting requirements under the Jeanne Clery Act have been brought to our attention. According to two current, and one former University Police officers, reports that should properly be classified as burglaries, and thus be reportable under the Act, are being classified instead as "Petit Larceny" or theft, which is not reportable in annual statistics. As you know, Jeanne Clery's murder began as a burglary so this is a very important issue for us.
A sample of incident reports provided by these officers covering 1997 through 2000 included at least 31 incidents classified as "larceny" which appear to meet guidelines established by the Federal Bureau of Investigation's Uniform Crime Reporting program to be classified and reported as burglaries. The FBI has established clear guidance that when "an item is missing from a structure and it is unknown who took the item, the proper classification would be Burglary." That appears to be the case in each of these examples, or a suspect without legal access has been identified. Copies are enclosed for your reference.
It is important that institutions properly classify crime reports for disclosure under the Clery Act. Only in this way will students, and other campus community members, understand the true extent of crime on their campus allowing them to make informed decisions about avoiding risk.
In the interests of ensuring that the West Virginia University campus community is fully benefiting from the Jeanne Clery Act we, on behalf of the three officers and the parents of a freshman student, request that the U.S. Department of Education conduct an on-site, campus security focused program review examining these, and other reports.
We thank you in advance for your prompt attention to these concerns.
Sincerely,
S. Daniel Carter