The Catholic University of America

Associate Dean - Student Conduct & Ethical Development Responsibilities

Federal Laws

The Campus Security Act of 1990

Summary of the Law:
This law requires all campus security authorities to report crimes on campus to the Department of Public Safety. CUA's definition of campus security authorities includes all employees of the university, including student employees, who work in a position where they control or monitor access to some part of campus. Employees required by law to report crimes include Residence Hall Security Assistants, Resident Assistants and Area Coordinators on duty.

Responsibilities:

  • Report any crimes to the Department of Public Safety Dispatcher.
  • Report to the Crime Prevention Officer any arrests for (or referrals to campus disciplinary system for) liquor law violations, drug law violations, and any illegal weapons.
  • Ensure that both the accuser and accused shall be informed of the outcome of any campus disciplinary proceeding brought alleging a sexual assault. This means only the institution's final determination with respect to the alleged sex offense and any sanction that is imposed against the accused.
  • Ensure the both the accuser and accused have the same opportunities to have others present during a disciplinary proceeding.
  • Effective August 14, 2009, the institution must, upon written request, disclose, to any victim of any crime of violence or a sex offense, the report on the results of any disciplinary proceeding conducted by such institution against a student who is the alleged perpetrator. If the alleged victim of such crime or offense is deceased as a result of such crime or offense, the next of kin of such victim shall be treated as the alleged victim for purposes of this paragraph.

 

Family Educational Rights and Privacy Act

Summary of the Law:
Regulates the keeping and dissemination of student records at all institutions that receive federal funds or who have students receiving federal funds. Procedures must be in place to allow a student access to student records. Consent must be obtained to release student records to a third party, with certain exceptions contained in the law. College officials with a legitimate educational interest in the record may have access to the record.

Responsibilities:
Currently FERPA requires postsecondary institutions to inform both the accuser and the accused of the outcome of any institutional disciplinary proceeding brought alleging a sex offense. Under this provision the outcome of a disciplinary proceeding means only the institution's final determination with respect to the alleged sex offense and any sanction that is imposed against the accused.

Effective August 14, 2009, the institution must, upon written request, disclose, to any victim of any crime of violence or a nonforcible sex offense, the report on the results of any disciplinary proceeding conducted by such institution against a student who is the alleged perpetrator. If the alleged victim of such crime or offense is deceased as a result of such crime or offense, the next of kin of such victim shall be treated as the alleged victim for purposes of this paragraph.

An educational agency or institution may disclose personally identifiable information from education records only on the condition that the recipient will not redisclose the information to any other party without the prior consent of the parent or eligible student.

Resources

     Crime Reporting

     Title IX website

Related Policies

     Code of Student Conduct

     Crime Reporting and Response Policy

     Non-Discrimination, Anti-Harassment, and Title IX Compliance Policy

     Sexual Offenses Policy