The Ypsilanti Courier
A Heritage Newspaper
Weekly Publication
Federal complaint filed against EMU
By Kathleen Conat, Special Writer
PUBLISHED: March 29, 2007
A complaint filed with the U.S. Department of Eduction alleges that Eastern Michigan University violated federal law by withholding information about the homicide of Laura Dickinson, and not taking propoer steps to protect students.
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Security on Campus Inc., a nonprofit watchdog organization, alleges that EMU violated several provisions of the Jeanne Clery Disclosure of Campus Security Policy and Campus Crimes Security Act.
In his accompanying letter, S. Daniel Carter, vice president of Security on Campus, wrote, "Although the immediate danger is now over in this case, due to the seriousness of the matter and the potential for future shortfalls we ask that you expedite your formal review as much as possible."
The 62-page complaint, generated by Carter and his staff, lists several instances where EMU is alleged to have violated the Clery Act. These include a failure to "make timely reports to the campus community on crimes considered to be a threat to other students and employees."
The complaint adds, "... there is no statutory exception permitting a timely warning itself to be withheld to protect an ongoing investigation like is found in the public crime log requirement...Accordingly an institution may limit what goes into the warning to protect an investigation but still must issue one if there is an ongoing threat."
The complaint contends that the presence of an identified suspect on the campus of EMU, during the two months between Dickinson's homicide and the arrest, constitutes an ongoing threat. It also notes the keys missing from Dickinson's room, which allowed access to the Hill Hall dormitory, also posed a security risk for students.
"The core intent of the Clery Act, itself named in memory of a student who was murdered under strikingly similar conditions . . . is that students will be warned about crime dangers they may face so that they can do their part to prevent crime and avoid victimization.
"By failing to provide their community with a warning about this crime the University denied them this opportunity and needlessly put them at great risk. An accurate warning should have been immediately forthcoming here."
The complaint goes on to say Security on Campus reviewed EMU's annual security report and found several required statements of policy were missing.
Most notably, the complaint says, is the lack of a policy statement for making a timely warning to the campus community, which is required by the Clery Act.
This, even though the university's "Safety Awareness Handbook" says it "meets the requirements of the Crime Awareness and Campus Security Act," which is the original name of the Clery Act.
The complaint also lists errors and omissions in related policy disclosures and procedural requirements.
Also notable in the complaint is a comparison of crime data provided by EMU to the Department of Education with data provided to students. The numbers reported do not match. "... one report or the other currently significantly misrepresents reported crimes on the campus," the complaint states.
Kathleen Conat is a longtime Ypsilanti resident and freelance writer for The Courier. She can be reached through editor@ypsilanticourier.com.
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