Ypsilanti, Michigan-Eastern Michigan University (EMU) is facing $357,500 in fines for "very serious, numerous and repeated" violations of the federal Jeanne Clery Act campus crime reporting law. "This is the largest fine that the U.S. Department of Education (ED) has ever sought to impose for a Clery Act violation," said S. Daniel Carter, Senior Vice President of Security On Campus, Inc. (SOC). "It sends a strong signal that Clery compliance is being taken very seriously. Covering up campus crimes will not be tolerated."
EMU's violations came to light after they failed to warn their campus community that a student, Laura Dickinson, had been raped and murdered in her residence hall room last December instead issuing a statement that no-foul play was suspected in her death. When a suspect, a fellow student unknown to Dickinson, was arrested in February the school was widely criticized for failing to warn the campus in a timely manner as required by the Clery Act. SOC asked for an Education Department investigation which revealed numerous other violations, including the failure to have a timely warning policy in place which was a major factor in the failure to actually issue a warning when it was needed.
The Education Department's Administrative Actions and Appeals Division (AAAD) notified EMU this week of their intention to impose the fine and has given them until January 4, 2008 to appeal in writing or to request a hearing. EMU has previously accepted ED's findings but has announced that they plan to request a hearing before an Administrative Law Judge.
EMU is facing 13 individual $27,500 fines in total. The first is for failing to issue a warning about Laura Dickinson's murder which Mary Gust, Director of the AAAD, called "reprehensible." EMU is also facing fines for a lack of "administrative capability" in complying with Clery, failure to have a timely warning policy, failing to properly disclose crime statistics including forcible sex offenses for each of three years (2003-2005), failing to properly disclose all required security policies for each of three years (2003-2005), failing to properly report crime statistics from outside law enforcement agencies for each of three years (2003-2005), and for failing to properly maintain a public crime log (the murder was logged as a "medical assist" instead of a crime).
This fine will bring the estimated cost to EMU for their handling of this campus tragedy to $3.8 million "in severance packages, legal fees and penalties" according to the Detroit News. Last week EMU announced a $2.5 million settlement with Dickinson's family. EMU was already obligated to pay one year of salary to three former campus officials, including the former President who was fired, and for an extensive review of their Clery compliance by a private law firm Butzel Long. Additionally the former President has filed suit over his termination.
Three schools have previously been fined for Jeanne Clery Act violations, with the largest fine being $200,000 imposed against West Virginia's Salem International University in 2005. Mt. St. Clare College, now Ashford University, in Iowa paid the first fine, $15,000, in 2000. Miami University of Ohio paid $27,500 in 2005.