I just came across an article in which Ohio State University (OSU) stands accused of misusing the Family Educational Rights and Privacy Act (FERPA) and violating the Clery Act in regards to three reported sexual assaults in a new residence hall.
Within a two-month span, campus police reported three sexual assaults in the Park-Stradley Hall, The Lantern reported on Nov. 26. An attorney for the Student Press Law Center (SPLC) claimed that OSU should have issued a timely warning. OSU police officials maintained, however, that there was no need to send out timely warnings because the incidents in question did not present a continued threat on campus. They claim the suspected offender is known, and action is being taken via the student conduct process. Police also cited the sensitivity of this type of crime to the victim.
On the other hand, the SPLC attorney claimed a timely warning should have been issued so students could take steps to protect themselves from being raped by someone else besides the suspect.
The article, which you can read here, describes the difficulty lawyers, the public, administrators and campus public safety officials have in understanding and applying FERPA and the Clery Act when sexual assault cases are involved. I too, am confused by what is being reported in this article, and I just finished attending Clery training two days ago!
This is just another example of why campus public safety stakeholders must be appropriately trained on how to interpret and apply Clery, FERPA and even the Health Insurance Portability and Accountability Act (HIPAA).
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