VIA FAX

November 22, 2002


Brother Craig J. Franz, President
Saint Mary's College of California
Moraga, CA 94575

Dear Dr. Franz:

Concerns about how Saint Mary’s College deals with sexual assaults, alcohol violations, and other serious crimes have been brought to our attention. Chiefly we are concerned about allegations that the College has failed to appropriately discipline students found responsible for committing sexual assaults, at least one of them a very violent assault. There are also concerns about the possible underreporting of campus crime statistics in violation of the Jeanne Clery Act, and the omission of required policy statements from your annual security report.

We are aware of a recent television news report which alleges that in at least two cases students found responsible for sexual assaults were permitted to remain on campus. Removing dangerous students from campus is a critical part of keeping a campus safe.

Statistics reported by Saint Mary’s for calendar year 1999 indicate that there were 31 disciplinary referrals for liquor-law violations, but an internal document provided to us indicates that there were at least 377 student alcohol citations. Additionally, you reported no weapons violations, but the internal document indicates there were 8 “firearms” violations.

A review of your current annual campus security report, produced in “compliance with Public Law 101-542” also appears to omit several critical security policy statements. Most seriously, it omits the “Campus Sexual Assault Victims’ Bill of Rights” provisions. These include, for example, a statement about the importance of preserving physical evidence, and the right to notify law enforcement. A reference to a student handbook is insufficient. It also fails to note how the statistics were collected, and if you have a voluntary confidential reporting program.

Violations of the Clery Act deny students information they need to protect themselves, and can subject institutions to $27,500 fines by the U.S. Dept. of Education for each violation. We would greatly appreciate it if you could clarify these issues, and look forward to hearing from you.

Sincerely,

S. Daniel Carter