Campus Safety 101
College and university campuses are often self-contained communities, with housing, sports facilities, office buildings, restaurants, and even stores. However, these enclosed campuses, filled with friends and peers, can create a false sense of security. Unfortunately, criminals are all too aware of this sentiment. So what can you do to make sure your children are prepared before they head off to college? And if something were to happen, can you hold the school responsible?
The government has taken an active role in ensuring families have the necessary information to make the best decisions in selecting a safe university or college. The main law in this arena, the Crime Awareness and Campus Security Act (also referred to as the Clery Act after Jeanne Clery, a student at Lehigh University who was murdered by a fellow student), requires colleges and universities that participate in federal financial aid programs to keep and report statistics about crimes occurring on or near their campuses. These statistics are maintained by the U.S. Department of Education, which has the authority to fine institutions that fail to follow the law's requirements. The Department's Office of Postsecondary Education maintains a website (http://ope.ed.gov/security) allowing parents and students to compare campus crime statistics nationwide.
In recent years, many universities and colleges have begun to take an even more active role in warning students of ongoing emergencies. This trend stems primarily from the Virginia Tech shootings in 2007. At that time, the school issued a warning to students, but many criticized the school for issuing the warnings too late and without enough information. Congress subsequently amended the Clery Act to require schools to immediately notify the entire campus of a threat or an ongoing emergency. Many universities have since established warning systems that use a variety of communication methods including phones, text messages, email, and the Internet. Additionally, many campuses have their own police forces and offer programs aimed at increasing campus safety. Such programs include walking escorts after dark and safe ride programs.
If the worst happens and your child is injured on campus or is the victim of a crime, your attorney can help you work through the issues to determine whether the college or university can be sued. Generally, it is difficult to hold a school liable for injuries sustained while on campus. In most instances, you will need to prove that the school was negligent in its actions. A court may conclude that a school was negligent if you can show that the school did not exercise reasonable care to prevent such an injury or crime. When making such a determination, a court will likely consider a number of factors, including the safety precautions taken by the school and whether similar incidents have occurred, as well as the school's response, or lack thereof.
There are a number of resources in place to get more information about campus safety and a school's liability. As a starting point, consider checking out the National Crime Prevention Council (www.ncpc.ort) or the website of your child's college or university (look for the heading "Campus Life" or "Campus Safety"). It is also important to remember crime can occur when your child is off campus, particularly when traveling or studying abroad. Spending a little bit of time and energy researching these important choices can save you a lot of future worry.