Overview
MMA’s 2018 and 2019 ASRs were incomplete (they omitted required information) and contained inaccurate information.
In addition to these two ASRs not containing complete and accurate crime statistics (see Finding 2), four examples of required information that was omitted from both of these ASRs are as follows:
- a complete list of the titles of campus security authorities (CSAs) to whom MMA students and employees can report criminal offenses
- a description and target audience for crime prevention programs offered by MMA
- a description of remedial actions (explanation of employees’ rights and options) that are available to employees who are victims of VAWA violations
- a description of sanctions for employees who violate MMA’s alcohol policy.
In addition, five statements in MMA’s 2018 and 2019 ASRs did not appear to be accurate. The first was about an annual safety program:
The Massachusetts Maritime Academy Public Safety Department provides a comprehensive program annually of safety, security, crime prevention and public safety services to help ensure that the Academy community remains a safe and secure place to study, work and reside.
PSO officials could not provide us with any details about this program or any documentation (e.g., program agenda, curriculum, attendance records, or instructional materials) that it was being conducted.
The second inaccurate statement was about victims of VAWA violations:
Students will be informed of and promptly provided access to the following interim remedies:
- options for on- and/or off-campus medical, counseling and other related services;
- if any party resides in Academy housing, options for alternate housing arrangements, including immediate relocation to different Academy housing;
- options for altering academic class schedules/obligations;
- options for altering student organization schedules/obligations;
- options for alternative transportation;
- options for seeking assistance from local law enforcement;
- options for receiving [an] Academy no-contact order; and
- options for seeking a judicial no-contact, restraining and/or protective order.
The statement above says that only student victims of VAWA violations are provided with written rights and options. It should also state that MMA employees are provided with this information.
The third inaccurate statement was about MMA’s alcohol policy:
Violations of this alcoholic policy will result in disciplinary actions in accordance with the Regulations and Standards for the Regiment of Cadets of the Massachusetts Maritime Academy or other student applicable student regulations.
The statement above says that only students who violate MMA’s alcohol policy are subject to disciplinary actions. It should also state that MMA employees are subject to such actions.
The fourth inaccurate statement was about requesting Clery Act crime statistics:
The Massachusetts Maritime Academy Police Department annually requests from the Bourne Police Department their crime statistics in compliance of the Clery Act.
Contrary to the above statement, and as discussed in Finding 2, MMA officials did not request annual crime statistics from state and local law enforcement agencies in its geography during calendar years 2018 and 2019.
The fifth inaccurate statement was about crime reporting:
Massachusetts Maritime Academy Public Safety Department reports are public records under state law; therefore, the Public Safety [Department] cannot hold reports of crime in confidence, so Massachusetts Maritime Academy Public Safety Department does not allow voluntary confidential reporting.
Contrary to the above statement, MMA allows voluntary confidential reporting of crimes, as required by the Clery Act.
When an educational institution such as MMA does not ensure that it has complete information in its ASRs, current and prospective students and employees, as well as members of the public, may draw incorrect conclusions about campus safety. Further, noncompliance with the Clery Act in ASR reporting could result in MMA losing the opportunity to participate in federal Title IV programs.
Authoritative Guidance
The Clery Act requires institutions that are subject to the act to prepare, publish, and distribute an ASR by October 1 of each calendar year. In order for the information in this report to meet the act’s intended purposes, institutions must report complete and accurate information.
Regarding a complete list of CSAs, 34 CFR 668.46(b)(2)(iii) states that an ASR must contain “a list of the titles of each person or organization to whom students and employees should report . . . criminal offenses.”
Regarding crime prevention programs, 20 USC 1092(f)(1)(E) states that an ASR must contain “a description of programs designed to inform students and employees about the prevention of crimes.” Further, Chapter 7 of the 2016 edition of US ED’s Handbook for Campus Safety and Security Reporting states that an ASR must include a statement that addresses all crime prevention programs:
This statement specifically addresses all programs designed to inform students and employees about crime prevention. You must describe the programs, not just list the titles. If there are programs specifically targeted to students and others targeted to employees, state this. If you do not have any programs of this nature, provide a statement disclosing this fact.
Regarding protective measures for victims of VAWA violations who are students or employees, 34 CFR 668.46(b)(11)(vii) states that an ASR should contain the following:
A statement that, when a student or employee reports to the institution that the student or employee has been a victim of dating violence, domestic violence, sexual assault, or stalking, whether the offense occurred on or off campus, the institution will provide the student or employee a written explanation of the student’s or employee’s rights and options. [Emphasis added.]
Regarding alcohol sanctions, according to 20 USC 1011i(a)(1), institutions are required to state in their ASRs that they will impose sanctions for alcohol violations:
A clear statement that the institution will impose sanctions on students and employees (consistent with local, State, and Federal law), and a description of those sanctions, up to and including expulsion or termination of employment and referral for prosecution, for violations of the standards of conduct.
Regarding annual crime statistics from state and local law enforcement agencies, 34 CFR 668.46(c)(11)(i) states,
In complying with the statistical reporting requirements . . . of this section, 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.
Regarding confidential reporting of crimes, 34 CFR 668.46(b)(2)(iv) states that ASRs should contain the following:
Policies or procedures for victims or witnesses to report crimes on a voluntary, confidential basis for inclusion in the annual disclosure of crime statistics.
Reasons for Issues
MMA staff members who were responsible for preparing ASRs were not properly trained on the requirements of the Clery Act in relation to what information must be included in ASRs. In addition, MMA does not have any monitoring controls in place (e.g., formal supervisory review or a quality assurance process) to ensure that all the required information is accurately reported in its ASRs.
Recommendations
- MMA should ensure that the staff members who are responsible for preparing its ASRs are properly trained on what information must be disclosed therein.
- MMA should establish monitoring controls (e.g., a formal supervisory review or a quality assurance process) to ensure that the information in its ASRs is accurate and complete.
Auditee’s Response
MMA provided the following general responses to the four audit findings:
- The MMA Department of Public Safety has revised how the daily crime log is maintained and has begun using new templates provided via D. Stafford [and Associates].
- The Office of the Commandant of Cadets/Dean of Students, which oversees housing and student conduct among other areas, has instituted notification of all Clery reportable incidents to Public Safety within two business days of the incident. The Academy has entered into a contract with Maxient (a conduct and case management software system) which will afford real-time notification to Public Safety as incidents are entered. Clery reportable crime categories and campus geography entered into this system will be created in concert with the team from D. Stafford and Associates. This system will be fully functional by June 2022.
- Members of the Clery Compliance Committee will engage in annual training, via the Clery Center [a nonprofit organization that helps institutions of higher education meet the requirements of the Clery Act] or another entity, to ensure continued compliance with requirements.
- Clery notice to all newly enrolled students and newly hired employees is required (not training). The Academy is revising online and print materials to ensure that all prospective students and employees have ready access to information about the Annual Security Report.
- Crime prevention and awareness training is now delivered to all incoming students in person over two sessions during the 13 day orientation program each summer. Additionally, students are required to complete an online compliance course within 30 days of the start of the semester. Efforts are underway to ensure 100% compliance with this requirement including but not limited to impacting spring course registration for failure to comply. These requirements will be codified in policy following the D. Stafford and Associates engagement.
- Beginning back in 2020 (as a result of the audit team’s earlier on-site visit), the Chief of Police/Director of Public Safety completed Foundations of the Clery Act formal training and began outreach to request statistics from local and state police agencies for inclusion in the ASR.
- In October 2021, Campus Security Authorities were identified for the Academy and notified of their responsibilities. Further, they were required to complete an online training purchased from the Clery Center and to sign an attestation of understanding their responsibilities as CSAs.
Auditor’s Reply
The Clery Act’s goal is to ensure that members of a campus community (students, prospective students, and employees) have accurate, complete information about incidents, including crimes, that occur on campus. With this information, students and employees are better able to make decisions about their personal safety and protection.
MMA’s response to our audit findings indicates that it is fully committed to taking the necessary steps to ensure compliance with its Clery Act obligations. MMA has already taken several corrective actions and is in the process of implementing others to remediate the deficiencies noted in this report. We would like to commend MMA for its efforts and encourage it to continue strengthening its internal controls to provide a safe and secure environment.
| Date published: | March 3, 2022 |
|---|