What Is the Campus Sexual Assault and the Clery Act in West Virginia?

In 1986, Jeanne Clery was a first-year student at Lehigh University with a bright future.

Sadly, she was brutally raped and murdered by fellow student Joseph Henry while in her dorm room. From this immeasurable tragedy, Jeanne’s parents crusaded for their daughter’s memory and got Congress to pass the Clery Act.

Formally named the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, or Clery Act, it was created in 1990. The act requires any college that participates in federal student financial assistance programs to disclose campus crime statistics. The act also requires colleges and universities to develop and implement specific campus safety and crime prevention policies and procedures.

No parent should ever have to go through what the Clerys went through. If an incident of sexual abuse occurs and it is discovered that the institution did not provide reasonable safety measures or was out of compliance with the Clery Act, it could be held liable.

Mandatory Crime Reporting Requirements for West Virginia Schools

Reporting crime is a major component of the Clery Act. By providing these statistics, potential and current students and their parents are kept fully informed. These statistics must be provided in an annual report.

The following are all the incidents that must be reported and shared:

• Murder and non-negligent manslaughter
• Manslaughter by negligence
• Sexual assault including rape, fondling, and statutory rape
• Robbery
• Aggravated assault
• Burglary
• Vehicle theft
• Arson
• Domestic violence
• Dating violence
• Stalking
• Liquor-law violations
• Drug-law violations
• Weapons-law violations
• Hazing
• Hate crimes

The Right to Timely Warnings and Emergency Notifications

Not only must statistics on past crimes be reported, but so must active dangers. A timely warning is triggered when a specific Clery-reportable crime occurs within the designated campus geography. The incident must present a serious or continuing threat to the safety of students and employees.

The Act also requires that, as soon as pertinent information is available, it be distributed quickly enough to aid crime prevention.

That notification should come in the form of emails, texts, or posted notices.

Consequences of Clery Act Violations for Higher Education Institutions

The Clery Act is not a “suggestion.” It is a law that must be followed. When higher education institutions fail to comply with the Act, they can face the following serious repercussions.

• Civil Monetary Fines: If the institution is not in compliance, the U.S. Department of Education can levy steep fines for each violation or inaccurate report. Those penalties often exceed $65,000 to $70,000 per violation.

• Cumulative Settlements: Major systemic failures across large universities often result in multi-million-dollar cumulative fines.

• Title IV Suspension: The ultimate sanction for noncompliance is the suspension or termination of an institution’s participation in federal student financial aid programs. Those include Pell Grants, federal direct student loans, and work-study programs. That can be extremely destructive for a university’s operating budget.
• Mandatory Program Reviews: A violation often triggers exhaustive, multi-year federal audits and forced institutional self-evaluations.

Reputational damage must also be considered. When the public learns of noncompliance, it can signal poor safety transparency. That can lead to a sharp decline in prospective student applications, damage alumni relations, and reduce enrollment.

How a West Virginia Attorney Assists in Campus Sexual Assault Cases

The goal of the Clery Act is to reduce the risk of sexual assault on college campuses.

Sadly, no one can guarantee 100% safety. If an assault does occur, there has to be a thorough investigation into the institution’s actions. Did they implement safety programs? Do they have properly trained security? All of this must be considered to determine whether the institution is partially liable for the incident.

The attorneys at Hendrickson & Long, PLLC have helped many sexual assault survivors and their families seek accountability. We are extremely familiar with the parameters of the Clery Act and what compliance means.

Our investigations can help pinpoint the failures. We can also help calculate what would be considered reasonable compensation.

No amount of money can erase the trauma, but it can provide comfort and closure.

If you’re dealing with this type of situation, call our office to schedule a free, confidential consultation to discuss what happened and your options for accountability.