SecureU - Court Backs the Right of Colleges to Issue Crime Alerts

Campus Security

Published: 12/11/07

Court Backs the Right of Colleges to Issue Crime Alerts
From "J & W Cleared in 'Crime Alert' Case" by: Edward Fitzpatrick, Providence Journal (RI): A recent ruling by the 1st U.S. Circuit Court of Appeals of Boston reinforces the authority of public university administrators to release crime alerts in good faith under the Clery Act, despite the possibility they may not be completely accurate. The decision stems from a case filed by a student at Johnson & Wales University, who sued the school for libel, slander, and breach of contract for issuing a crime alert at its Providence, R.I., campus that indicated the student had been involved in a fight and was seen carrying a knife. The student, convicted of assault for the incident but later acquitted, was found never to have been in possession of a knife.

Under the Clery Act, officials at schools receiving federal funding are required to issue "timely" alerts for on-campus crimes "considered to be a threat to other students and employees." "The Act stipulates no hard-and-fast rules but, instead, gives institutions of higher learning substantial leeway to decide how notices should be phrased and disseminated so as most effectively to prevent future incidents," wrote Senior Circuit Judge Bruce M. Selya in the ruling. "The need to assure safety and security for campus communities counsels that doubts should be resolved in favor of notification." To prevent misunderstandings in the future, S. Daniel Carter, senior vice president for the campus safety organization Security on Campus, based in King of Prussia, PA says colleges should make it clear when issuing alerts whether a crime has been alleged or someone has been convicted of committing a crime.

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