Other Related Laws
Family Educational Rights and Privacy Act (FERPA)
All proceedings that arise under the Comprehensive Policy are understood to be sensitive and private. All persons participating in or administering those proceedings are expected to maintain the privacy of the proceedings.
The University reserves the right to designate which University officials have a need to know about incidents that fall within the Comprehensive Policy, in compliance with the Family Educational Rights and Privacy Act (“FERPA”) and other applicable privacy laws. Also in accordance with FERPA, the University reserves the right to notify parents/guardians of students regarding any health or safety risk, change in student status, or conduct situation, when such notifications are permitted by law, such as when a significant and articulable health and/or safety emergency is present.
Parties themselves retain the right to share their own experiences with others, but should exercise caution and care if they choose to discuss their experience outside of the Equitable Resolution Procedures ("ERP"), as spreading inaccurate information maliciously may constitute harassment, retaliation, or other policy violations.
The University may retain records of allegations, investigations, ERP proceedings, and associated communications and training materials for a minimum of seven years. Some records, such as expulsions or employee records, may be retained longer.
For more information, see the Office for Registration and Records FERPA information.
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act)
Certain campus officials – those deemed “Campus Security Authorities” under the Clery Act – have a duty to report the following for federal statistical reporting purposes:
- All “primary crimes,” which include all criminal homicide, sexual assault, robbery, aggravated assault, burglary, motor vehicle theft, and arson;
- Hate crimes, which include any bias motivated primary crime as well as any bias motivated larceny or theft, simple assault, intimidation, or destruction/damage/vandalism of property;
- VAWA-based* crimes, which include sexual assault, domestic violence, dating violence, and stalking; and
- Arrests and referrals for disciplinary action for weapons-related law violations, liquor related law violations, and drug abuse-related law violations.
All personally identifiable information is withheld, but statistical information must be passed along to Campus Safety regarding certain types of incidents and their general location (on- or off-campus, in residential housing, in the surrounding area, etc., but with no addresses provided) for publication in the Annual Security Report and daily campus crime log. Similar information must also be shared annually with the Illinois Office of the Attorney General under the Illinois Preventing Sexual Violence in Higher Education Act.
The information to be shared under Clery includes the date, the location of the incident (using Clery location categories), and the Clery crime category. The information to be shared under state law also includes what actions were taken by the University in response to the report. All such reporting is conducted in a manner that protects the identities of all parties. These reports help to provide the community with a clear picture of the extent and nature of campus crime, to ensure greater community safety.
Federal Timely Warning Obligations
Parties reporting misconduct under the Comprehensive Policy should be aware that under the Clery Act, a federal law, Campus Safety administrators must issue timely warnings for incidents reported to the University that pose a substantial threat of bodily harm or danger to members of the campus community. In such cases the University ensures that an affected party’s name and other personally identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the potential danger.
*VAWA is the Violence Against Women Act, enacted in 1994 and codified in part at 42 U.S.C. 13701-14040.