ASU is non-compliant with the Clery Act and also Title IX!

Two major state universities in Michigan are currently under investigation by the Department of Education for alleged non-compliance with the Clery Act and also Title IX, according to a recent article from Campus Safety Magazine. The complaint states that both the University of Michigan, and Michigan State University failed to appropriately handle sexual abuse cases.

The complaints lodged against UM/MSU are very similiar to issues we raised in our recent article, ASU misrepresents its crime statistics, violates Clery Act (Part two).  Like UM/MSU, ASU failed appropriately handle several forcible sexual offenses.  ASU failed to report a sexual assault statistic in its 2013 Clery report, and in 2011, ASUPD failed to report at least seven sexual forcible sexual offenses.

We have previously discussed the requirements ASU must follow under the Clery Act (due to their status as a university which accepts federal financial aid), but we have yet to mention how ASU may also be in violation of Title IX. Title IX is a law passed in 1972 which requires gender equity for boys and girls in every educational program that receives federal funding. It is most commonly thought of in reference to college athletic programs, but it has a wide range of applicability, including sexual harassment and sexual violence.

According to an article on Title IX from Campus Safety Magazine:

  • Sexual violence is viewed under the law as an extreme form of hostile environment/sexual harassment and must be addressed. When an institution “knows or reasonably should know” about a hostile environment, they are required “to take immediate action to eliminate the harassment, prevent its recurrence and address its effects.” Institutions must adopt and publicize policies as well as designate at least one Title IX coordinator to respond to their obligations under the law.

In 2011, the Department of Education’s Office for Civil Rights began an initiative to require greater compliance for schools to adhere to Title IX, which included sending a letter to applicable institutions outlining the requirements. Under the requirements, ASU’s Title IX coordinator is required to communicate regularly with the school’s law enforcement unit investigating cases (ASUPD) and provide them with information regarding Title IX’s requirements. How can ASUPD refer cases to the Title IX coordinator when the department reclassifies or omits sexual offense cases from its Clery report? In addition to this, ASU’s Title IX coordinator has been accused of failing to investigate claims of sexual harassment, making the purpose of having a Title IX coordinator effectively useless.

By failing to comply with Title IX, ASU is at risk of losing its federal funding, and some cases may also be referred to the Department of Justice for litigation (this is in additional to the financial penalties the university may suffer from failing to comply with the Clery Act requirements). The student group Sun Devils Against Sexual Assault is currently in the process of filing a complaint with the Department of Education over ASU’s non-compliance with Title IX (which will hopefully incorporate ASUPD’s non-compliance with its Clery Act reporting.

 

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20 thoughts on “ASU is non-compliant with the Clery Act and also Title IX!

  1. yurhuckleberry says:

    Another example of doing whatever the hell you want to do instead of the right thing, classic bottoms up ASUPD “leadership.” The leaderless command at ASUPD hasn’t had the ethics or intelligence to operate their police department effectively for years. Before too long their misdeeds will steadily be uncovered and documented for public viewing.

    Universities around the country will use the Arizona State University Police Department as a case study in how not to run their police departments. The university management just keeps digging itself a bigger hole by keeping it’s dunce capped police department command at the controls fucking up at full speed.

  2. indeedYOUsay says:

    This just keeps snowballing, wonderful. With so many ignored issues at ASUPD more and more comes to light. This is somewhat entertaining to watch, but has a vomit side affect, like the to catch a predator show.

    Commanders are never at the respective campuses they were assigned to manage. They are always in far off meetings doing to work for our three chiefs in Tempe. Maybe that’s why these jobs aren’t getting done?

  3. Aotimes4 says:

    I think the “To Catch a Predator” comparison is spot on. As minor as it may seem to some, not properly reporting and classifying these sexual assaults is essentially victimizing the complaintant twice. First is the assault, and second is not treating the crime with the seriousness that it deserves. In addition these statistics are used to identify trending issues, that may prevent future assaults. Grant money, patrol priorities, and prevention efforts can all be effected by this data. It seems as if Mr. Crow directly or indirectly is ok with a student being sexually violated as long if it means his university looks good to the outsiders.

    And here I thought us students only got raped when it came to parking and tuition….. I was so, so very wrong…

  4. Twocents says:

    Ethics, like laws, are commonly agreed upon values within a society. Ethics are usually more simple to know and identify than law by a simple RIGHT or WRONG.

    Fundamental wrongs being committed on a wholesale level by representatives of state government, in this case the local police department leadership.

    If anyone is looking for redress and a correction, for people to be held accountable, then federal remedies should be sought, the state will adjust. Asking the state to police it’s own should be a reality, but it’s not. This has been interesting to watch, but now it’s time to contribute.

  5. Thinblueline1 says:

    I never knew it was this bad until I started to see things for myself. We can hope they are corrected and the people responsible are held accountable. Not a lot of gray area here. It looks like the people responsible have been doing it for years without anyone noticing or calling them out until now.

  6. ThySummons says:

    When you have top-level ASU administrators and command staff that operate as if they are not accountable to anyone, except themselves, that’s a dangerous and arrogant mindset.

    Arizona State University is a public university and those individuals in power that feel that they can do whatever they please, by virtue of their elevated positions, are deeply mistaken.

    Unfortunately, it will take an outside entity, i.e., the federal government to intervene, on our behalf, to rock the foundation of the New American University and the ASU PD.

  7. popo39machine says:

    They have known for some time the numbers they report are inaccurate to say the least. Another way to say the information someone gives you is intentionally inaccurate is to call them a liar.

    What Crow and his high priced compadres don’t understand is this isn’t going away, supporting a rogue criminal regime in charge of his police department will only backfire on them.

  8. RUkiddingMe says:

    Interesting. The excuse making and apology tours can’t make up for this, better shuffle the commanders around and have more meetings.

  9. Quick call Tempe! says:

    It looks like it’s time for Chiefy JP to leave another department in a disgraceful position. The damage is done, people have signed their name to state, federal documents they knew were full of lies thinking they wouldn’t get caught.

    • ASUPDsmokeNmirrors says:

      He should be ashamed to show his face to honorable men, period. Command reminds me of the slimeball politicians that get into some scandal media blitz, and then start parading their wife and kids around to convince us they are one of the people.

    • guerriero says:

      Thinking forgery charges?

  10. ASUPDsmokeNmirrors says:

    The public, the parents, students, federal government may be shocked by these allegations. Anyone working inside ASUPD knows it’s just more of the same. Here’s an example, ASUPD Chief Pickens gets calls from the academy about integrity violations of ASUPD police officer recruits.

    He ignores them and passes them through. Just like the ethical standards he lowered for our command, he lowered them for the whole department.

    When you see this happen, when you see who moves forward under the chief’s direction in oral boards regardless of scores, when you see the rules not applying to “special people” it sends a message.

    It is clear that honor, duty, ethics are just lip service for some. They have been unethical for years, now they are very publicly called out on it. Are they really that stupid to think nobody would ever notice? Did they really think everyone would silently stare at their boots and look the other way? It’s sickening.

  11. guerriero says:

    I want to see where this goes. Hopefully the feds will march in and make our people follow the law like everyone else.

  12. guerriero says:

    Sad, but true.

  13. DoneSon says:

    They lie to the faces of their own employees who know better for years, so you really think they give a shit about lying to the public? If they think they will get away with it they will do it. That’s the ASUPD ethical standard.

  14. BurningheapofFail says:

    Some people think they’re too important, too big to follow the rules. Some people don’t have a clue what they’re doing. With ASUPD command we are confident both of these issues are true.

  15. […] The sudden emphasis on sexual violence victims comes on the heels of an article we posted on the safety of students on campus under Title IX, as well as an article about how ASUPD omitted or incorrectly reported the number of sex offenses […]

  16. DL500unit says:

    If the federal investigators are looking for who has been in charge of Clery please contact ASU Police Commander Michelle Rourke formerly at the ASU Tempe campus, now strategically located at the ASU West campus hiding behind a desk.

  17. Embudo says:

    The alleged noncompliance with the Clery Act and the questionable budget is the Achilles’ heel for the ASU PD and university.

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