October 7, 2004

Mr. Douglas Parrott, Area Case Director
Case Management Team
U.S. Dept. of Education, Region V
111 N. Canal St., Room 830
Chicago, IL 60606

Dear Mr. Parrott:

Based on information that we have received from a former Miami University of Ohio student, who now attends another school, we believe that Miami University is not fully complying with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 USC § 1092 (f); 34 CFR § 668.46). Specifically, in institutional disciplinary proceedings involving alleged sexual assaults they are not providing complainants with unconditional, written notice of the outcomes, as the Act requires.

In a written statement, the former student who was the victim of an on-campus sexual assault in October of 2003 states that she was told orally at the conclusion of disciplinary proceedings, as is standard practice at Miami, that her assailant would not be allowed on campus until the fall of 2005. She, however, never received anything in writing, and the statement that he would not be allowed to return to school until 2005 was not correct. In fact, he was allowed to enroll again in August of 2004, and has since been indicted for raping another student at his off-campus apartment.

As you know, this is not the first time this has been a problem at this school. In 1997 the Department found through a program review (PRCN 199740814014) that Miami University "failed to initiate and enforce appropriate procedures for notifying both parties of the outcome of any institutional disciplinary proceeding brought alleging a sex offense." In a written response to the Department the school agreed to correct this problem, stating that "Miami will notify in writing both the accuser and accused" in all future cases.

This written notification is critical to ensure that there is no miscommunication to the victim, and that they receive notice of any changes to the outcome that may come about as the result of an appeal. Written notice will also help ensure that they understand all sanctions, if any, imposed on their assailant in those cases where there is a finding of responsibility. Victims need this information to make decisions about their own safety and well being, as well as to heal and move on with their lives as survivors.

Depriving them of it, as was done in this case, can have a significant negative impact on them, and on the wider issue of student safety in general. They may be denied information that would prompt them to file an appeal, or to warn their fellow students that a potential threat to their safety has been allowed to remain on or return to the campus.

Given Miami University's past compliance problems a Department review of all sexual assault cases since 1997 is not only warranted, it is necessary to ensure that justice is done for these victims. Also, immediate corrective action, including the possible imposition of up to $27,500 in civil penalties for each past violation, must be taken in order to ensure that no future victims are ever denied this critical information.

We thank you in advance for your prompt attention to these concerns. If you have any questions please do not hesitate to contact me.

Sincerely,

S. Daniel Carter