MMA Did Not Accurately Report Clery Act Crime Statistics… Did Not Retain Adequate Documentation…and Did Not Always Make Reasonable Efforts to Obtain Clery Act Crime Statistics from….Police

Without accurate information, stakeholders may draw incorrect conclusions about campus safety and without adequate documentation, there is no way to confirm the accuracy of this information.

Overview

MMA did not accurately report crime statistics in its 2020 ASR for all Clery Act crimes that occurred within its geography during calendar years 2017 through 2019. In addition, MMA did not maintain adequate documentation (e.g., copies of crime reports or records related to crimes or disciplinary actions) to support the accuracy of the crime statistics that it reported in its 2020 ASR. Further, during calendar years 2018 and 2019, MMA did not reach out to local or state police agencies to obtain statistics related to Clery Act crimes that occurred within its geography.

When an educational institution, such as MMA, inaccurately reports crime statistics and does not reach out to local or state police agencies to ensure that it has complete information on Clery Act crimes that have occurred within its geography, current and prospective students, employees, and members of the public may draw incorrect conclusions about campus safety. Further, because MMA did not maintain adequate documentation to substantiate the crime statistics it reported, there is no way to confirm the accuracy of this information. Finally, noncompliance with Clery Act requirements in ASR reporting could result in MMA losing the opportunity to participate in federal Title IV programs.

MMA reported a total of 138 Clery Act crimes for calendar years 2017 through 2019 in its 2020 ASR. MMA classified these Clery Act crimes into three categories: 1 was a sex offense, 134 were disciplinary referrals for alcohol violations, and 3 were disciplinary referrals for drug violations. As previously noted, after reviewing all of MMA’s crime records, we identified a total of 133 Clery Act crimes that took place within MMA’s geography during this three-calendar-year period. We also determined that these incidents were in 11 specific Clery Act crime categories.

The table below shows the number of Clery Act crimes, reported by Clery Act crime category, that MMA reported in its 2020 ASR, compared to the number of Clery Act crimes that the Office of the State Auditor (OSA) determined should have been reported in each Clery Act crime category.

Comparison of OSA-Identified and MMA-Reported Clery Act Crime Statistics (Crime Categories)

Clery Act Crime Category	MMA-Reported Clery Act Crimes	OSA-Identified Clery Act Crimes	Variance
Sex Offenses, Incest, and Statutory Rape	1	0	(1)
Burglary	0	5	5
Dating Violence	0	2	2
Disciplinary Referrals— Liquor-Related Crimes	134	107	(27)
Disciplinary Referrals— Drug-Related Crimes	3	6	3
Hate Crimes: Intimidation— Bias (National Origin)	0	1	1
Hate Crimes: Intimidation— Bias (Undetermined)*	0	1	1
Hate Crimes: Larceny Theft— Bias (Gender)	0	1	1
Hate Crimes: Simple Assault— Bias (Actual or Perceived Race)	0	2	2
Hate Crimes: Simple Assault— Bias (Gender)	0	3	3
Hate Crimes: Simple Assault— Bias (Sexual Orientation)	0	2	2
Hate Crimes: Simple Assault— Bias (Undetermined)*	0	3	3
Total	138	133	(5)

*    We could not determine the type of bias that motivated these crimes because MMA did not identify it.

 

We also analyzed other statistics MMA reported in its 2020 ASR regarding where Clery Act crimes took place within its geography and noted a number of discrepancies. For instance, MMA identified more incidents as having occurred on campus than OSA did. The discrepancies are shown in the tables below.

Comparison of OSA-Identified and MMA-Reported Clery Act Crime Locations

Clery Act Crime Location Category	MMA-Reported Locations	OSA-Identified Locations	Variance
On Campus	97	90	(7)
Non-Campus	27	6	(21)
Public Property	14	0	(14)
Undetermined*	0	37	37
Total	138	133	(5)

*    We could not determine these locations within MMA’s geography because MMA did not record them.

 

In addition, we found discrepancies in the number of incidents reported as occurring in or out of residential facilities. MMA reported that 87 incidents occurred in residential facilities, but we could only confirm that for 66 incidents.

Comparison of OSA-Identified and MMA-Reported Clery Act Crime Locations

Clery Act Crime Location	MMA-Reported	OSA-Identified	Variance
In Residential Facilities	87	66	(21)
Not in Residential Facilities	0	24	24
Undetermined*	0	43	43
Total	87	133	46

*    We could not determine whether these incidents occurred in residential facilities because MMA did not record that information.

 

Authoritative Guidance

According to 34 CFR 668.46(c), institutions must report and disclose in their ASRs statistics, for the three most recent calendar years, the number of incidents of each type that have occurred within their geography in the following categories:

(1) Crimes that must be reported and disclosed . . .

(i)   Primary crimes, including—

(A)  Criminal homicide:

(1)  Murder and nonnegligent manslaughter; and

(2)  Negligent manslaughter.

(B)  Sex offenses:

(1)  Rape;

(2)  Fondling;

(3)  Incest; and

(4)  Statutory rape.

(C)  Robbery.

(D) Aggravated assault.

(E)  Burglary.

(F)  Motor vehicle theft.

(G) Arson.

(ii)  Arrests and referrals for disciplinary actions, including—

1. Arrests for liquor law violations, drug law violations, and illegal weapons possession.
2. Persons not included in paragraph (c)(1)(ii)(A) of this section who were referred for campus disciplinary action for liquor law violations, drug law violations, and illegal weapons possession.

(iii) Hate crimes, including—

(A)  The number of each type of crime in paragraph (c)(1)(i) of this section that are determined to be hate crimes; and

(B)  The number of the following crimes that are determined to be hate crimes:

(1)  Larceny-theft.

(2)  Simple assault.

(3)  Intimidation.

(4)  Destruction/damage/vandalism of property.

(iv) Dating violence, domestic violence, and stalking . . .

(4) Hate crimes must be recorded by category of bias. For each hate crime recorded under paragraph (c)(1)(iii) of this section, an institution must identify the category of bias that motivated the crime. For the purposes of this paragraph, the categories of bias include the victim's actual or perceived—

(i)    Race;

(ii)   Gender;

(iii)   Gender identity;

(iv)  Religion;

(v)   Sexual orientation;

(vi)  Ethnicity;

(vii)  National origin; and

(viii) Disability.

(5) Crimes must be recorded by location.

(i)   An institution must specify whether each of the crimes recorded under paragraph (c)(1) of this section occurred

(A)  On campus;

(B)  In or on a noncampus building or property; or

(C)  On public property.

(ii)  An institution must identify, of the crimes that occurred on campus, the number that took place in dormitories or other residential facilities for students on campus.

Chapter 3 of the 2016 edition of the United States Department of Education’s (US ED’s) Handbook for Campus Safety and Security Reporting states,

It is possible that institutions may be asked to code incidents using different definitions for purposes other than Clery Act reporting. However, for Clery Act purposes, it is essential that institutions classify and count reported incidents based on the definitions specified by the Clery Act.

According to Chapter 9 of the handbook, institutions must retain documentation used to support the information in their ASRs:

Be sure to retain the annual security report and all supporting records used in compiling the report for three years from the latest publication of the report to which they apply. . . .

Records to be kept include, but are not limited to, the following: copies of crime reports; the daily crime logs; records for arrests and referrals for disciplinary action; timely warning and emergency notification reports; documentation, such as letters to and from local police having to do with Clery Act compliance; letters to and from campus security authorities. . . . Make sure to date all documentation, and ensure it is easily retrievable.

In addition, 34 CFR 668(c)(1) states that institutions must report and disclose all incidents that occur on or within their Clery Act geography that are reported to local police agencies in their ASRs.

Further, according to 34 CFR 668.46(c)(11)(i), institutions must contact local or state police agencies within their geography for crime statistics annually and include these statistics in their ASRs:

In complying with the statistical reporting requirements . . . an institution must make a reasonable, good-faith effort to obtain statistics for crimes that occurred on or within the institution’s Clery geography and may rely on the information supplied by a local or State police agency.

The 2016 edition of US ED’s Handbook for Campus Safety and Security Reporting states,

The law states that an institution “may rely on the information supplied” by a local or state police agency. The phrase “may rely on” means that an institution is not required to verify the accuracy of the statistics that are provided.

However, the handbook does emphasize that institutions must make a good-faith effort to obtain these statistics.

Reasons for Issues

MMA did not identify reported incidents as Clery Act crimes or assign them to Clery Act crime categories in the three sources (TriTech, Colleague disciplinary action records, and Class I student offense files) used to record incidents. Although TriTech has a data field to identify incidents as Clery Act crimes, MMA’s staff did not use it. Rather, PSO staff members identified reported Clery Act crimes from all three sources before preparing MMA’s ASR. This practice may make the categorization of Clery Act crimes more susceptible to error. MMA does not have any policies or procedures that require its staff to record and report incidents using the Clery Act crime categories, to retain all the required documentation regarding these incidents, or to make reasonable efforts to obtain statistics on Clery Act crimes that have occurred within its geography from local and/or state police. Further, MMA has not provided any training to its staff members who are involved in the recording and reporting of crime statistics on the requirements of the Clery Act in these areas.

Recommendations

1. MMA should develop policies and procedures that require its staff to record and report incidents using the Clery Act crime categories (as well as their locations, including whether they occurred in residential facilities), to retain the documentation, and to make a reasonable effort to obtain statistics on Clery Act crimes that occur within its geography from local or state police. The policies and procedures should also require the staff to use TriTech’s data field to classify Clery Act crimes, as appropriate.
2. MMA should provide periodic training to its staff regarding how to properly review campus crime records and how to categorize and report the information from these records in ASRs using the Clery Act crime categories.

Date published:	March 3, 2022