Institutions of higher education must maintain a professional standard of care for their students and faculty. These institutions are responsible for the safety and security of many students, often across large campuses with numerous buildings and facilities. Our college and university experts at School Liability Expert Group are available for a complimentary call to discuss matters of school liability related to these institutions. A college expert witness or university expert witness can offer testimony, reports, and consultations on behalf of the defendant or plaintiff in scenarios requiring litigation, offering an expert opinion on the professional standard of care. Talk with an attorney today.
The Clery Act
Colleges and universities must keep students safe while attending and residing on campus. This includes planning and taking proactive initiatives to minimize the incidence of violent crimes and student injury resulting from college campus safety and security-related issues. A college and university expert will inform you that institutions of higher education must properly report and be fully transparent about the types of crimes that occur on campus, track who is being impacted, and take reasonable action to address and minimize future incidents.
Providing university and college campus safety and security is an inherently difficult task due to factors such as student age, campus size, and location, availability of drugs and alcohol, and the existence of multiple buildings on and off campuses, including residential facilities. University administration, public safety directors, and campus police chiefs have a duty to be diligent in their attempts to mitigate risks and comply with legal obligations. A college and university expert can consult with school administration or attorneys on matters related to college campus safety and security.
The Clery Act of 1990 mandates schools release annual reports regarding campus safety. This act must be followed to avoid costly litigation mandating a college or university expert witness. It has two primary purposes. First, it ensures students– including prospective students– and faculty have access to accurate information about on-campus crime and security procedures. Second, it ensures that students and faculty are warned when an impending threat or security issue could impact anyone on campus. The Clery Act has specific reporting requirements that a college and university expert can discuss in greater detail.
Violation fines resulting from non-compliance with the Clery Act can be substantial. As of April 2022, the minimum fine per violation was $62,689, but recent violations are as high as $2.4 million. In this case, the United States Department of Education fined Penn State University in 2016 for failing to notify students about an assistant football coach– Jerry Sandusky– who was charged with sex abuse in addition to other undisclosed campus crimes. The University of California Berkeley faced a similar fine of $2.35 million for underreporting crime statistics from 2009 to 2016. Enlist a college and university expert witness to review your institution’s compliance with the Clery Act before making crucial errors that result in hefty fines.
Title IX and Addressing Sex Discrimination
Colleges and universities must follow federal law to protect students’ rights. Title IX of the Education Amendments of 1972 prohibits sex discrimination in education programs, including colleges and universities, when those programs receive federal funding. Sex discrimination refers to sexual harassment, battery, assault, rape, and other sexual violence at school campuses. Essentially, any behavior that disrupts a student’s ability to engage with their education violates Title IX. A college and university expert can attest to whether a particular situation is an actual violation of Title IX.
Unfortunately, many incidents of sexual offenses against students go unreported due to a lack of information regarding reporting policies and procedures. Colleges and universities must develop adequate policies against sex discrimination and distribute them. These institutions must also designate a trained Title IX coordinator to oversee these processes to ensure colleges respond quickly to any reports and prevent further incidents. A school’s Title IX office must also address any effects of incidents of sex discrimination, such as providing help for the victim and conducting impartial investigations.
Any college and university expert will emphasize that when conducting these investigations, it is vital that schools meet the professional standard of care to avoid subsequent lawsuits. A college or university expert witness can testify to the standard of care. There are four key ingredients to avoiding costly litigation after conducting a Title IX investigation. First, the institution must have appropriate policies to address all aspects of Title IX regulations. Second, those policies must be distributed and easily accessible to all students and staff. Third, the college or university staff must be adequately trained to conduct these investigations.
A college and university expert can assist with implementing adequate training programs for campus sexual assault and harassment issues. The final key to avoiding liability is that the hearing conducted must remain unbiased. Examples of bias could include providing extra time for one party to submit evidence while denying the other party the same extension. If you believe your client has experienced a biased hearing during a Title IX investigation, book a call with School Liability Expert Group to discuss the issue further.
Keeping Campus Safe
Maintaining a safe and secure campus for students applies to various issues. Our college and university expert witnesses at School Liability Expert Group are highly trained and prepared to work with schools and attorneys on these complicated topics. In addition to discrimination and security-related problems, colleges and universities must adequately address disability services, proper hiring practices and administration management, harassment, and other concerns that could lead to a hostile school environment.
Colleges and universities must also maintain safe school grounds. If a student is injured on a poorly maintained school premises, the institution could be liable for negligence. In addition to anti-discrimination policies, schools should establish policies that set and enforce building, grounds, and equipment maintenance standards. Book a call with a college and university expert today.