THE LEAD: When your school ponies up fines related to campus safety that total more than those associated with Larry Nassar and Jerry Sandusky combined, you know something has gone horribly wrong.
Liberty University has agreed to pay an unprecedented $14 million fine for the Christian school’s failure to disclose information about crimes on its campus and for its treatment of sexual assault survivors, the U.S. Department of Education announced Tuesday.
The fine is by far the largest ever levied under the Clery Act, a law that requires colleges and universities that receive federal funding to collect data on campus crime and notify students of threats. Schools must disseminate an annual security report that includes crime reports and information on efforts to improve campus safety.
BACKGROUND: According to the Clery Center, “The Clery Act requires colleges and universities to report campus crime data, support victims of violence, and publicly outline the policies and procedures they have put into place to improve campus safety.” The act was named for Jeanne Clery, a Lehigh University student who was raped and murdered on campus in 1986. Clery’s parents sued the institution, arguing that had the family known of the university’s record on violent crime, Jeanne Clery never would have attended the school.
Each year, colleges and universities that participate in the federal financial aid program have to report data related to violent crimes on and around the campus. That report has to be publicly available , and instances of non-compliance can lead to fines from the US Department of Education.
Liberty University has long pitched itself as a safe place and had the data to back it up. That’s because it often either under-covered the cases of sexual assault or trying to nudge folks to not really think of sexual assault as being sexual assault:
Federal investigators cited a case in which a woman reported being raped, with the attacker telling her he had a knife, the final program review stated.
Liberty’s investigator “unfounded this case based on a claim that the ‘victim indicates that she consented to the sexual act,’” the final program review stated. “In point of fact, the victim’s own statement merely indicated that she ‘gave in’ in an attempt to get away from the perpetrator.”
RANDOM SIDE NOTE: Just for the hell of it, I went to the website for The Liberty Champion, the student newspaper at Liberty University, to see what kind of coverage this situation got.
None. As in, zero.
The most recent mention of “Clery Act” found through a search of the site is from 2019. Checks for things like “fine,” “$14 million” and “rape” brought back no results attached to this situation. That said, there were some nice stories about the women’s hockey team, an open house to kick of Women’s History Month and the 40th anniversary of The Champion.
If anyone ever asks why a free and unfettered student press matters on campus, consider this the mic-drop answer you’ve been looking for.
WHY THIS MATTERS TO YOU: If you are involved with Liberty University or are you a person who supports sexual assault survivors, the answer is pretty obvious. If you are looking for an answer beyond that, it lies in the underlying concept of the Clery Act and the gap between what the data should tell us and actually does tell us.
One of the inherent flaws to data of any kind is based in who collects the data, for what purpose and with what intention in mind. The goal of the Clery Act was to force universities to disclose all violent and property crime so that people could get a good look at a campus to determine its level of safety.
No university is going to see an uptick of enrollment if they look like a haven for murders, rapists and thieves, so it isn’t in the best interest of universities to be overly expansive in how they approach this data. Even if they’re not actively doing the “Nope, she enjoyed it. Can’t be rape” crap that Liberty was accused of doing, there is still some significant leeway in how universities shave the data. What counts as “nearby” campus is in the eye of the beholder, as does “student” housing.
This isn’t to say that many universities actively game the system when it comes to the Clery report. However, it’s important to look at the data in comparison to what local police reports, campus news reports and other media coverage has showcased during that period of time to make sure the pieces match up before considering the data to be gospel.
EXERCISE TIME: If your school falls under the Clery Act, find a copy of the most recent three years of reported data. (The degree to which this is easy or hard might make for a story in and of itself.)
Pick through the data to notice any specific trends or shifts in the numbers. In some campuses, the most violent crimes like rape and murder will see huge percentage gains or losses over one or two incidents. In other cases, a particular type of crime might have a consistent set of high or low numbers that merit examining.
Also, dig back through your campus media outlets to see about any coverage related to some of the higher-level crimes from the data. To what degree does the media coverage mirror the data?