Fall 2007 - Access
Vol. XXVIII, No. 3 - Page 4
Crime and punishment
Report: Eastern Michigan University violated Clery Act
after tragic student death; regents fire president
© 2007 Student Press Law Center
By Jenny
Redden
As the fall semester came to a close at Eastern Michigan University, most
students were finishing finals and preparing to head home for winter
break.
But on Dec. 16, 2006, university students found a disturbing
message in their e-mail boxes that said a university custodian had found Laura
Dickinson, a 22-year-old student, dead in her Hill Hall dormitory the day
before.
Months later, area newspapers would report that she was found
naked from the waist down, with a pillow covering her head and with traces of
semen on her leg.
But at the time, the school issued a release announcing
only that she had passed away unexpectedly. It said there was “no reason
to suspect foul play,” according to a timeline posted on the university
Web site.
In issuing the campus-wide notice, Eastern Michigan officials
said they were following the federal Jeanne Clery Act.
The Clery Act,
passed in 1990, requires all public and private colleges and universities that
participate in federal financial aid programs to release information about
campus crime and safety in a timely manner. It was named after Jeanne Clery, who
was beaten, raped and murdered in her dormitory room at Lehigh University in
April 1986.
Crimes that merit reports are murder, sex offenses, robbery,
aggravated assault, burglary, motor vehicle theft, manslaughter, arson and
certain liquor, drug and weapons violations.
The university issued
subsequent releases Dec. 18 and Jan. 12 to update students. Neither release gave
a cause of death or mentioned a homicide investigation.
Ten weeks after
Dickinson’s death, police arrested Orange Taylor III, another Eastern
Michigan student, on charges of homicide, two counts of sexual criminal conduct,
larceny and home invasion in connection with Dickinson’s death.
Her
family and Eastern Michigan students and parents were outraged to learn that
Dickinson’s death was a homicide, and many accused school officials of
staging a cover-up. The scandal cost three top administrators, including the
president, their jobs.
Security on Campus Inc., a Clery Act watchdog
organization founded by Jeanne Clery’s family, called for an investigation
by the U.S. Department of Education.
In July, almost seven months after
Dickinson’s death, the department issued an initial 18-page report, citing
the university for seven violations of the Clery Act. The violations included
failures to provide timely warnings, to properly disclose crime statistics, to
report required statistics and to properly maintain the crime log, as well as
the lack of a timely warning policy.
“Not only did EMU fail to
disclose information that would enable the campus community to make informed
decisions and take necessary precautions to protect themselves, but it issued
misleading statements from the outset, providing false reassurance that foul
play was not suspected, and that it had no knowledge of an ongoing
criminal/homicide investigation prior to the arrest of the suspect,” the
report said.
With an enrollment of about 23,000, the public university
could be fined up to $27,500 for each violation of the act or lose some or all
of its more than $108 million in federal student aid.
The
department’s final report is expected by the end of August, after the
university provides a response.
Since the inception of the act in 1990,
the department has conducted hundreds of reviews, but only three schools have
been fined, said Daniel Carter, senior vice president of Security on Campus.
This investigation is the “fastest, most-quickly completed”
review the department has conducted, largely because of “how serious it
is,” he added.
In addition to the department’s investigation,
the university hired an outside law firm to conduct an independent probe into
the handling of information after the woman’s death.
Butzel Long, a
Michigan-based law firm, provided the board of regents with a 568-page report
June 8.
“The report reveals a systemic failure to comply with the
federal Clery Act, including the failure to warn the campus of potential
danger,” Board of Regents Chairman Thomas Sidlik said in a university
statement. “The findings are clear: This university got it wrong. What
happened was unacceptable.”
In response to the reports, the
board’s eight regents unanimously voted to terminate President John
Fallon, exactly two years into his five-year contract.
“Until we
had change at the top, nobody would believe you’re serious,” Regent
Francine Parker said at the special meeting during which the dismissal was
formally announced.
The board also terminated Vice President of Student
Affairs Jim Vick and Public Safety Director Cindy Hall.
“This board
will not tolerate anyone who sabotages the educational mission of this
university by participating in these destructive behavior patterns,”
Sidlik said.
Fallon has maintained that he did not know about the
homicide investigation until Taylor was arrested.
But Kevin Devine,
director of student media at Eastern Michigan and adviser to the student
newspaper, The Eastern Echo, said student editors could tell there was more to
Dickinson’s death than police and administrators were
saying.
Reporters, who had established “cordial relations”
with the police chief and other officers, initially believed police when they
said there was no reason to suspect foul play.
“They took their
word for it,” Devine said.
But in the following weeks as the
investigation dragged on and administrators remained tight-lipped, editors began
to believe something more was going on.
“There were a lot of people
who ... were unable to talk or claimed they were under orders not to
talk,” he said. “That was the point at which the student editors and
reporters were starting to think there’s something funny about
this.”
After a suspect was arrested, the newspaper, published three
times a week, stayed on top of the story, Devine said. Editors stopped relying
on information from administrators and started investigating wherever they
could, he added.
When administrators announced that all dormitories had
been secured, Devine said the features editor decided to experiment. He
attempted to enter on-campus residence halls after midnight. He succeeded,
managing to get into nearly all of the buildings and onto most of the floors
through propped-open doors and loading docks.
Devine said the
investigative piece was “a great lesson
learned.”
“Don’t rely on the phone,” he said.
“Go out and do it.”
Devine said that in hindsight, reporters
should have filed requests under the Freedom of Information Act for records
regarding the case.
“Perhaps we should have been more aggressive
in doing it,” he said.
Christine Laughren, news editor at the Echo,
said she covered Dickinson’s death for much of the spring semester. She
advised journalists covering big news to stay organized and to ask the hard
questions.
“You’ve got to go at it full force,” she
said. “Start your FOIA requests right from the get-go.”
Laughren said she wished she had been more aggressive when interviewing
police and administrators.
“If I could go back, I would definitely
push more,” she said.
Importance of the Clery
ActBefore Fallon was dismissed, he created a 16-point plan to
increase security on the campus. The initiatives included working more
collaboratively with local police to improve safety and security on and adjacent
to the main campus.
The plan called for a complete campus facilities
safety audit. Also, the Department of Public Safety now will be under the
supervision of the vice president for business and finance, as recommended in
the Butzel Long report.
Faculty offices are being rekeyed; the process
of updating crime statistics has begun; and the Department of Public Safety
continues to offer crime prevention programs, the board of regents
said.
Finally, Security on Campus, the organization that filed the
original complaint, was scheduled to conduct Clery Act compliance training on
campus Aug. 16.
Carter said the university’s mishandling of
information is not the result of deficiencies in the Clery Act but solely the
result of the school failing to comply with the act.
“Security is
not [administrators’] top priority,” Carter said. “Education
is, even though it’s kind of hard to educate students if you can’t
protect them.”
But Carter said Eastern Michigan is not alone. It is
common for universities to underreport crimes on campus, and reputation is part
of the motivation, he said.
Jane Kirtley, Silha Professor of Media Ethics
and Law at the University of Minnesota, agreed.
“You can’t
just rely on university administrators to do the right thing,” she said.
“I wish you could.”
Because “college administrators
need a little incentive to be forthcoming,” Kirtley said it is vital for
the Clery Act to exist. Many students and parents depend solely on
administrators for information regarding safety on campus, she
said.
“Accurate information is a very powerful tool,” Kirtley
said.
Also, the Clery Act serves to quell rumor and speculation, she
added.
Kirtley concluded by calling Dickinson’s death a
“tragic occurrence, which would have been tragic enough” without the
university’s apparent cover-up.
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