Cases & Developments

The Department of Education announced that its Office of Federal Student Aid (FSA) has initiated a “focused review” into the University of California, Berkeley looking at the campus’ compliance with Clery Act reporting and safety requirements. The review is prompted in part by a protest that took place at a November 10th Turning Point USA event on campus, although the Department’s press release says FSA will also assess ongoing compliance issues. FSA has requested the university submit, within 30 days, information including: (1) copies of its 2025 Annual Security Report and evidence of distribution; (2) an “audit trail” showing all crime incidents for 2022-2024; (3) an “audit trail” showing all arrests and referrals of students and employees for campus disciplinary action; (4) a copy of the university’s police department activity log; (5) a copy of the daily crime log for 2022-2025; (6) a list of all timely warnings and emergency notifications for 2022-2025; (7) a copy of all policies and procedures related to timely warnings, emergency notifications, and evacuation policies that were in place at the time of the protests; (8) a copy of the post-event response assessment; (9) copies of any memoranda of understanding with other state and local law enforcement agencies; (10) a list of all contracted services engaged for event safety and security; and (11) copies of all campus, patrol and sector maps used by the UC Berkeley Police Department, contract security, and/or the university’s real estate office.

The Clery Center published its Annual Report detailing the results of the Clery Act State of the Field Survey; the first national benchmarking survey aimed at understanding Clery Act implementation in postsecondary institutions. Based on data from more than 500 participants, the Survey found that institutions need dedicated Clery Act budgets, personnel, and training to improve compliance. The results further highlight the need for institutions to prioritize collaboration, invest in necessary training, and ensure that compliance efforts are supported at all levels of administration. Finally, the Report celebrates the passage of the Stop Campus Hazing Act and highlights the Clery Center’s programmatic accomplishments in 2024.

U.S. Department of Education, Office of Federal Student Aid Dear Colleague Letter (DCL) re: Voluntary Disclosure of Hate Crime Sub-Categories. Noting “heightened concerns about acts of hate on campuses,” “the Department reminds institutions that they may voluntarily provide information about hate crimes to members of their campus communities, beyond what the Clery Act requires to be reported.” The Department noted that “the Federal Bureau of Investigations’ (FBI’s) Hate Crime Statistics Data Collection identifies sub-categories that institutions can use if they choose to voluntarily provide such additional information separate and apart from their obligations under the Clery Act” and provided the list in the DCL.

Settlement Agreement between the U.S. Department of Education and Liberty University. The Agreement resolves findings of a Campus Crime Program Review evaluating the University’s compliance with the Clery Act. The University agreed to pay $14,000,000, to make certain programmatic improvements, and to be subject to a two-year period of post-review monitoring. The Agreement also memorialized numerous remedial actions and process improvements the University had already made.