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Ncaa Penn State Report

Ncaa Penn State Report

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Published by: PennLive on Nov 30, 2012
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As discussed previously, the federal Clery Act requires universities that receive federal

funding to collect, compile and report specified campus crime data.51 The University’s lax

compliance with its Clery Act obligations was a subject of criticism in the Freeh Report, which

noted the lack of clarity as to who was responsible for compiling and reporting the information

required under the Act, and the limitations on compliance that arose from delegation of Clery

Act responsibilities to an officer in the University Police Department who lacked the time,

resources, or training necessary to fulfill that role.

The Freeh Report recommended that Clery Act compliance be assigned to a dedicated

employee in the University Police Department who should be provided sufficient resources for

that task. Other recommendations included: establishing a University policy for compliance

with the Clery Act; identifying with specificity the persons who are “campus security

authorities” under the Act; providing and tracking periodic training of “campus security

authorities” about their duties under the Act; coordinating notice of incidents and threat warnings

51 See supra at 35-36; see also 20 U.S.C. § 1092(f).


among the offices of the vice president for student affairs, the general counsel, and the chief

compliance officer; reviewing Clery Act reports with the chief compliance officer, the Board of

Trustees, and the President’s Council; and arranging for periodic audits of Clery Act


Penn State has completed the implementation of many of the recommendations relating

to Clery Act compliance and has made good progress toward the implementation of most of the

recommendations by the end of 2012. According to the Freeh Report, the Freeh group made

preliminary suggestions for Clery Act reforms in January 2012, and the Freeh Report

acknowledged that many of those recommendations, including the hiring of Gabriel R. Gates as a

dedicated Clery Act compliance coordinator within the University Police Department, had been

accomplished by the time the Freeh Report was issued.53

In connection with the search for a new Clery Act coordinator, the University developed

a work plan in early 2012 that outlined a framework for effectuating compliance with the Act,

including standardization and education plans. That work plan has provided a road map for

implementation of the Clery Act since then. An important initial component of that work plan

has been standardization of Clery Act compliance across all of the Penn State campuses, which

has been a focus of Mr. Gates’s efforts this year.

As previously discussed, a University policy on Clery Act compliance, Policy AD74, was

developed under Mr. Gates’s supervision and was put into place in October 2012. A uniform

Clery crime reporting form also was developed and introduced, as were procedures for directing

52 Freeh Report, ch.10, Recommendations 4.1 to 4.5.

53 See Freeh Report, ch. 8, § V. In addition to his Clery Act responsibilities, Mr. Gates is
also designated the campus safety survey administrator and also plays a role in ensuring
compliance with the Higher Education Opportunity Act, the Higher Education Act, the Family
Educational Rights and Privacy Act, the Health Insurance Portability and Accountability Act and
Occupational Safety and Health Administration guidelines.


such reports to Mr. Gates from any of Penn State’s campuses while assuring anonymity where

required. Audit procedures and an annual reconciliation of arrest records and Clery Act statistics

also have been introduced both at the University Park campus and at the Commonwealth

campuses. The University hired Margolis Healy & Associates, LLC to assist Mr. Gates in

developing the University’s mandatory annual security reports under the Clery Act and ensuring

that those reports meet or exceed the Act’s reporting requirements.

Training and education is the second component of the Clery Act work plan. As an

initial step, the University reviewed roughly 30,000 job descriptions to determine which

individuals within the Penn State community were “campus security authorities” within the

meaning of the Clery Act. “Campus security authorities” include: (1) University police and

security guards; (2) individuals responsible for monitoring buildings and residence halls on

campus who have security access but who are not a member of University police or security

guards; (3) people or offices to whom alleged criminal offenses must be reported; and (4)

officials at the University having significant responsibility for student and campus activities.54

The University determined that there are approximately 3,000 people who meet the definition

and require Clery Act compliance training.

Training sessions began in June, when an outside firm provided a two-day seminar for

approximately 50 University leaders, who then began to conduct training programs for the other

“campus security authorities” at their campuses. Penn State expects to complete the remaining

training by the end of 2012. Once a “campus security authority” has received this initial

classroom training, he or she will be required to complete an online recertification course once a

year that the University plans to be ready to introduce by January 2013. Mr. Gates also has led

54 See http://guru.psu.edu/policies/AD74.html.


Clery Act awareness initiatives for groups including the Board of Trustees, the Council of

Campus Chancellors, the Faculty Senate, the President’s Council, and other student, faculty, and

administrator organizations.

Mr. Gates stated that Penn State has become a leader in Clery Act compliance as a result

of these efforts. He has received numerous inquiries from other institutions of higher education

about Penn State’s program and how it has been implemented.

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