December 20, 2016 Robert 8. Badal, Ph.D. President UPS Tracking # University of Jamestown 1Z37X7Y30206334923 6080 University Lane Jamestown, ND 58405-3401 RE: Campus Crime Final Program Review Determination OPE ID: 00299000 PRCN: 201510328961 Dear President Badal: On August 16, 2016, the U.S. Department of Education (the Department) issued a Program Review Report regarding the University of Jamestown’s (Jamestown; the University) compl with the requirements of the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) and the Drug-Free Schools and Communities Act (DFSCA). ‘The original text of that report is incorporated into this Final Program Review Determination (FPRD). The University submitted an acceptable response to the Department’s initial report on October 14, 2016. Jamestown’s response and the supporting documentation submitted with the response are being retained by the Department and are available for inspection by Jamestown upon request. Please be advised that this FPRD may be subject to release under the Freedom of Information Act and may be provided to other oversight entities now that it has been issued to the University. nee Purpose: inal determinations have been made conceming the findings identified during the program review. The purpose of this letter is to advise Jamestown of the Department's final determinations and to close the review. Please note that this FPRD contains several findings regarding Jamestown’ failure to comply with the Clery Act and the DFSCA. Because these findings do not result in financial liabilities, they may not be appealed. Due to the serious nature of these findings, this FPRD will be referred to the Administrative ‘Actions and Appeals Service Group (AAASG) for consideration of a formal fine pursuant to 34 CER. Part 668, Subpart G. (fa fine action is initiated by AAASG, detailed information about the action and Jamestown’s appeal rights will be provided under separate cover. Record Retention: Records relating to the period covered by this program review must be retained until the latter of resolution of the violations identified during the review or the end of the regular record retention Federal Student Aid Clery. Net Compliance eam Student id govDr. Robert S. Badal, President University of Jamestown ‘Campus Crime Finel Program Resiew Determination - Page 2 (ct and DFSCA-related documents period applicable to all Title IV records including Clery under 34 CER. § 668.24(e). We would like to express our appreciation for the courtesy extended to us during the program review process. If you have any questions concerning this FPRD or the program review process, please contact Mr. Douglas Rose on 202-377-4200 or at Douglas Rose@ed.gov. James L. Moore, II Senior Advisor Clery Act Compliance Team ce: Mr. David Bratton, Director of Campus Safety, Jamestown Ms. Judy Hager, Director of Financial Aid, Jamestown Enclosure: Final Program Review Determinationthe AMERICAN MIND Federal Student Aici | rrovsronsor Prepared for University of Jamestown OPE ID: 00299000 PRCN: 201510328961 Prepared by: U.S. Department of Education Federal Student Aid Clery Act Compliance Team Final Program Review Determination December 20, 2016 www. FederalStudentAid.ed.govTable of Contents A. The Clery Act and the DFS B. Institutional Informatio: C. Seope of Review.. D. Findings and Final Determinations. Finding #1: Lack of Administrative Capability Finding #2: Omitted and/or Inadequate ASR and AFSR Policy Statements. Finding #3: Failure to Distribute the ASR and AFSR in Accordance with Federal Regulations Finding #4: Discrepancies Between Crime Statistics included in the ASR and Data Reported to the Campus Safety and Security Data Analysis Cutting T00lmmsnnennee 25 Finding #5: Failure to Maintain an Accurate and Complete Daily Crime Log, Finding #6: Failure to Maintain an Accurate and Complete Daily Fire Log. Finding #8: Drug and Alcohol Abuse Prevention Program Requirements Not Met - Multiple Violations .. Appendix A: Daily Security Report (example)... Appendix B: Daily Crime Log - October thru December 2013... Appendix C: Daily Fire Log - CYs 2010 thru 2014 Appendix D: ial Review Segment Examples srsusnsenenenssUniversity of Jamestown Campus Crime Final Program Review Determination Page #2 A. The Clery Act and the DFSCA The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statisties Act (Clery Act), in § 485() of the Higher Education Act of 1965, as amended, (HEA), 20 U.S.C. § 1092(). is a Federal Consumer protection statute that provides students, parents, employees, prospective students and employees, and the public with important information about public safety issues on America’s college campuses. Each domestic institution that participates in the Federal student financial aid programs under Title IV of the HEA must comply with the Clery Act. ‘The institution must certify that it will comply with the Clery Act as part ofits Program Participation Agreement (PPA) to participate in the Title IV, Federal student financial aid programs. ‘The Clery Act requires institutions to produce and distribute an Annual Security Report (ASR) containing campiis crime statistics. Statistics must be included for the most serious crimes against persons and property that occur in buildings or on grounds that are owned or controlled by the institution or recognized student organizations as well as on adjacent and accessible public property. ‘These crimes are deemed to have been reported anytime such an offense is brought to the attention ofan institution’ ampus police or security department, a local or state law enforcement agency of jurisdiction, or another campus security authority (CSA). A CSA is any institutional official who is 1) designated to receive reports of erime and/or student or employee disciplinary infractions, such as Human Resources and Altemative Dispute Resolution professionals and/or 2) an official that has significant responsibilities for student life or activities such as residential life staff, student advocacy and programming offices as well as athletic department officials and coaches. ‘The ASR also must include several statements of policy, procedures, and programmatic information regarding issues of student safety and crime prevention. ‘The Clery Act also requires institutions to maintain a daily erime log th lable for public inspection and to issue timely warnings and emergeney notifications to provide up-to-date information about ongoing threats to the health and safety of the campus community. In addition, the Clerv Act requites institutions to develop emergency response and evacuation plans. Insitutions that maintain student residential felts must develop missing student notification procedures and produce and distribute an Annual Fire Safety Report (AFSR) contain statistics and important policy information about safety procedures, fire safety and suppression equipment, and what to do in the case of a fire. Finally, the Clery Act amendments tat were included in Section 304 of the Violence Against Women Reauthorization Act of 2013 went into effect on July 1, 2015. ‘These provisions are aimed at preventing campus sexual assaults and improving the response to these crimes when they do occur. hhe Clery Aet is based on the premise that students and employees are entitled to accurate and honest information about the realities of erime and other threats to their personal safety and the security of their property. This is accomplished by primarily by requiring institutions to disclose accurate and complete crime statistics and campus safety and crime prevention policies and procedures to campus community members and other stakeholders. Armed with this knowledge, members of the campus community ean make informed decisions about their educational and employment choices and can take an active role in their own personal safety and to secure and protect their personal property. For that reason, the office of Federal Student Aid (FSA) must ensure that the information disclosed in each ASR and AFSR is accurate and complete. FSA uses a multi-faceted approach to ensure that institutions comply with the Clery Aet, www.FederalStudentAid.ed.govUniversity of Jamestown ‘Campus Crime Final Program Review Determination Page #3 which includes providing technical assistance and training programs and materials, as well as monitoring and enforcement through program reviews. FSA may initiate a campus crime program review as a result of a complaint or on public reports about crimes and crime reporting and prevention at a particular institution. FSA also conducts Quality Assurance Reviews in cooperation with the FBI's Criminal Justice Information Service (CJIS) Audit Unit, Program reviews entail an analysis of eampus police and security records and interviews with institutional officials, crime victims, and witnesses. During a program review, an institution’s policies, and procedures related to campus security matters are also examined to determine if they are accurate and ‘meet the needs of the campus community. Because more than 90% of eampus crimes are aleohol and drug-related, the Seeretary of Education has delegated oversight and enforcement responsibilities for the Drug-Free Schools and Communities Act (DFSCA), in § 120 of the HEA, 20 U.S.C. § 10I1()) to FSA. The DFSCA requites all institutions of higher education that receive Federal funding to develop and implement a comprehensive drug and aleohol abuse prevention program (DAAPP) and certify to the Secretary that the program is in place. ‘The program must be designed to prevent the unlawful possession, use, and distribution of drugs and alcohol ‘on campus and at recognized events and activities ‘On an annual basis, each institution must provide a DAAPP disclosure to all current students (including all students enrolled for any type of academic credit except for continuing education units) and all eurrent employees that explains the educational, disciplinary, health, and legal consequences of illegal drug use and aleohol abuse as well as information about available counseling, treatment, and rehabilitations programs, including those that may permit former students or employees to return following expulsion or firing. The distribution plan must make provisions for providing the DAAPP disclosure annually to students who enroll after the initial distribution and for employees who are hired at different points throughout the year. Finally, the DFSCA requires institutions to conduct a biennial review to determine the effectiveness of its DAAPP to identify arcas requiring improvement or modification and to assess the consistency of ‘enforcement actions imposed on students and employees that are found to be in violation of applicable Federal, state, and local drug and alcohol-related statutes or ordinances and/or institutional polices and codes of conduct. Proper implementation of the DFSCA provides students and employees with important information about the detrimental consequences of illicit drug use and alcohol abuse. ‘The conduct of a meaningful biennial review provides the institution with quality information about the effectiveness of its drug and alcohol programs, Any failure to implement these requirements may contribute to increased drug and alcohol abuse on-campus as well as an increase in drug and alcohol-related violent crime. ‘The DFSCA is monitored and enforced by the U.S. Department of Education (the Department) www.FederalStudentAid.ed.govUniversity of Jamestown Campus Crime Final Program Res Page #4 Determination B, Institutional Inform: Main Campu: University of Jamestown, 6080 University Lane Jamestown, ND 58405-3401 Fargo Campus: University of Jamestown 4190 26" Avenue S Fargo, ND 58104-8567 ‘Type: Private, Non-Profit : Doctoral Degree : North Central Association of Colleges and Schools, Accreditation Commission for Education in Nursing Current Student Enroll jent: 970 (Approx. 2015/2016) % of Students Receiving Title IV: 68% (Approx. 2014/2015) Title IV Participation Funding Lev 2014/2015 Award Year Federal Family Education Loan Program s 0 Federal Direct Loan S 6,114,012 Federal Pell Grant Program s 951,089 Federal Perkins Loan Program 8 340,690 Federal Supplemental Education Opportunity Grant Program $ 172,321 Federal Work-Study Program 8 193,497 Total S__7,771,609 DL Default Rate: 2012 - 5.3% 2011 - 5.8% 2010 - 5.1% Perkins Default Rate: 6/30/14 - 11.4% 6/30/13 - 18.3% 6/30/12 - 16.1% www.FederalStudentAid.ed.govUniversity of Jameston Campus Crime Final Program Review Determination Page #5 ‘The Institution ‘The University of Jamestown (Jamestown; the University) offers approximately 40 areas of study and programs as well as countless opportunities for independent research and experiential learning. Situated on 110 acres in the city of Jamestown, the University’s campus consists of more than 25 buildings, including student residence halls, multiple parking lots, and athletic facilities. ‘The Campus Security Department (CSD) provides safety, security, and emergeney response services for the University. The Security Director (Director) heads this component comprised of four full-time, unarmed officers. The Director reports to the Dean of Students. Currently, the Director works alone during day shift (9 AM - 5 PM), Monday through Friday. The three remaining officers work late evening to early moming (9 PM - 4 AM) seven nights a week. ‘Typically, personnel conduct vehicular and foot patrols as a means to detect or discourage community disorder and/or criminal activity. The campus operator dispatches calls for assistance to an assigned cell phone maintained by security staff. In other instances, those requiring aid also contact security personnel directly utilizing the same method, The CSD also follows up on allegations made by complainants. The CSD maintains a close working relationship with the Jamestown Police Department (JPD). Campus Security Officers interact regularly with JPD officers when incidents occur on and near campus, although no formal mutual-aid agreement or other memorandum of understanding is in place. University officials represented that the institution is in the process of installing closed Circuit television at key locations on campus and intends to implement an access control ‘management system to monitor ingress to critical campus structures. C. Scope of Review On October 23, 2014, the Department announced an off-site program review of Jamestown, The entrance conference was conducted via conference call on December 11, 2014. The impetus for the review was a complaint that alleged multiple violations of the Clery Act.! After a careful assessment of the complaint and other information, the Department determined that a campus crime program review should be conducted. The objective of the review was to examine the University’s compliance with the Clery Act and the DFSCA. The review was conducted by the Clery Act Compliance Team and was led by Douglas Rose. The review included an examination of Jamestown’s: (1) ASRs, (2) AFSRs, (3) campus security incident reports, (4) arrest records, (5) disciplinary files, and (6) policies and programmatic disclosures related to the Clery Act and the DFSCA during the 2010-2013 timeframe.? Upon mpus safety and crime prevention policies, procedures, and programmatic disclosures initial examination period covered calendar years 2010-2013. ‘The Department has the authority to expand the review period, as needed. www.FederalStudentAid.ed.govUniversity of Samestown Campus Crime Final Program Review Determination Page #6 discovery of severe deficiencies within Jamestown’s campus safety operations and compliance programs, the scope of review was expanded through the end of calendar year 2015. The Department also conducted interviews with certain institutional officials responsible for implementation and monitoring of Clery Act requirements. The University’s response to the Department’s announcement letter was not sufficient? The Department provided Jamestown an opportunity to remediate. The University’s counsel represented that the requested information was not available due to a computer virus that permanently compromised information on the security team’s computer. Disclaimer: Although the review was thorough, it cannot be assumed to be all-inclusive. The absence of statements in the report regarding specific institutional practices and procedures must not be construed as acceptance, approval, or endorsement of those specific practices and procedures. Furthermore, it does not relieve Jamestown of its obligation to comply with all of the statutory or regulatory provisions governing Title IV, HEA programs, including the Clery Act. D. ings and Final Determinations Several serious findings of noncompliance were identified during the review. The findings identified in the Department's August 16, 2016 program review report appear in italics below. Jamestown submitted its official response to the Department's report on October 14, 2016. A summary of Jamestown’s response and the Department's Final Determination appears at the end of each finding. Please note that certain, minor, non-substantive edits were made to the text of that report Finding #1: Lack of Administrative Capability Citation: To begin and to continue to participate in any program authorized under Title IV of the HEA, an institution must demonstrate that it is capable of adequately administering the program under the standards established by the Secretary. Among other requirements, the Secretary considers an institution to have administrative capability if it administers the Title IV, HEA program in accordance with all statutory provisions of, or applicable to, Title IV of the HEA, and all applicable regulatory provisions prescribed under that statutory authority. 34 CER. § 668.16(a). The Secretary's standards of administrative capability require an institution 10 employ “an adequate number of qualified persons” as well as ensure that program activities are undertaken with appropriate “checks and balances in its system of internal controls.” 34 C.F-R. Jan (own did not provide the requested documentation for calendar years 2010-11. www. FederalStudentAid.ed.govUniversity of Jamestown ‘Campus Crime Fine! Program Review Determination Page? $ 668, 16(b)(2): 34 CER. § 668(c)(1). These standards apply to all aspects of the Title IV Program regulations including the Clery Act. Noncompliance: Jamestown substantially failed to develop and implement an adequate Clery Act compliance program during the review period. As noted above the full review period covers calendar 2010-2015, This finding applies to the main campus and the Fargo campus, as well, and is based on the findings of the review thus far. These inclule a failure to: (1) report and disclose accurate and complete crime statistics, (2) maintain an accurate daily crime log that appropriately reflects crime occurrences, (3) to develop or effectively implement certain required crime reporting and security policies and procedures, (4) to provide a fully functional drug and alcohol prevention program, and (5) to meet obligations that provide vital, timely security information to its campus community. The details of each violation are noted in the subsequent findings The regulations that govern the Title IV Federal student financial aid programs establish certain standards that all participating institutions must meet to be considered administratively capable. The findings detailed in this Program Review Report indicate that Jamestown lacked an adequate system of internal controls and did not achieve compliance with the Clery Act during the review period. The evidence reviewed by the Department shows that Jamestown failed to comply in numerous ways, as detailed in the findings of this report. The evidence also demonstrates that Jamestown personnel did not receive adequate training in Clery Act compliance and that the University failed to exercise sufficient oversight, governance, or coordination of those University officials and departments that were responsible for campus safety, student and employee conduct, and the delivery of other safety-related services. The result of these breakdowns was a general failure to keep students, employees, other stakeholders, and the larger campus community fully informed of crime and other threats to their safety and security. For these reasons, the Department finds that the University lacked the ability and/or willingness 10 properly administer the Title IV Federal student financial aid programs in accordance with its Program Participation Agreement (PPA). Compliance with the Clery Act, DFSCA, and the Department's regulations are specifically required by the terms and conditions of Jamestown’ PPA under which the University participates in the Title IV programs. Jamestown's current PPA is effective through December 19, 2019. The University's prior PPA was executed on July 1, 2008. Both PPAs were signed by President Badal. The PPA requirements can be found at 34 CER. § 668.14(6). Impaired administrative capability increases the likelihood that the stanues and regulations that govern the Title IV Programs will not be followed. With regard to the Clery Act, such impairment may result in an instituion’s systemic failure to provide stulents and employees with important campus crime information and services that are essential to their safety and secu www.FederalStudentAid.ed.govUniversity of Samestown Campus Crime Finat Program Review Determination Page #8 Impaired administrative capability and weak internal controls are an indication that an institution lacks the ability or willingness to comply with Federal regulations. Required Action: As a result of this violation, the University of Jamestown must take all necessary corrective actions to cure violations identified in this Program Review Report and sufficiently address organizational deficiencies that contributed to these harms, In addition, Jamestown must develop and implement a system of policy, procedural, programmatic, systems, and training improvements to ensure that these findings do not recur. As part of that process, Jamestown also vill be required to develop and implement a comprehensive corrective action plan. Based on the evaluation of all available information, including Jamestown's response, the Department will determine appropriate additional actions and advise the University accordingly of these in the FPRD, Institutional Response: In its official response,* Jamestown management concurred with the finding and stated that remedial action was immediately implemented as directed in the Program Review Report. To prevent future administrative capability findings, Jamestown stated that it implemented the following three actions: 1) The hiring of a full-time Director of Campus Safety with the responsibility, in part, of both operational and administrative functions of the Clery Act and DFSCA; 2) The formation of a Clery Act and DFSCA Oversight Committee that meets a minimum of four times a year to ensure full compliance by the University; and, 3) The hiring of a contract service that specializes in campus safety audits, training (to include CSAs) and Ci Act and DFSCA guidelines and compliance. Final Determination: In Finding #1, the review team found that Jamestown lacked the administrative capability required for Title IV participating institutions because it substantially failed to comply with the Clery Act and the DFSCA throughout the review period. The regulations that govern Title 1V Federal student financial aid programs establish certain standards that all participating institutions must maintain to be considered administratively capable. In regard to Jamestown's administration of its compliance with the Clery Aet and the DFSCA, the Department determined that the University delegated most of the responsibility to the CSD, while simultaneously providing inadequate funding and no training for many years to support these compliance efforts In doing so, the University largely ignored many of its Clery-related responsibilities. Namely, it failed to employ sufficient staff to ensure compliance and failed to have in force any system of checks and balances to ensure compliance. Substantive steps to bring the University into full * The University’s official response was dated October 14, 2016. www. FederalStudentAid.ed.govUniversity of Jamestown Campus Crime Final Program Review Determination Paget 9 compliance with the law did not begin until after the Department's program review was initiated. As noted in the report, the Department has determined the serious findings identified in the Program Review Report and sustained in this FPRD constitute serious violations of the statutes and regulations governing campus safety and substance abuse prevention, and, therefore, call in question the University’s ability to properly administer the Title IV, HEA programs. As a result of these violations, Jamestown was required to review and revise its existing policies, procedures, and processes regarding the previously stated discrepancies, to develop new internal processes, as needed, and to ensure that these deficiencies do not recur. In its response, Jamestown did concur with the finding and did submit documentation and stated processes that purported to show that adequate remedial action was taken, ‘The Department carefully reviewed all available information, including Jamestown’s response and supporting documentation. Based on that review and Jamestown’s admissions, the iolations identified in the initial finding are sustained, In upholding this violation, the Department must emphasize that institutions must be continually active both operationally and administratively in producing positive Clery Act results that support and enhance a campus’s safety, security, and fire programs. As such, the Department has determined that Jamestown’s. corrective action plan appears to meet minimum requirements. For these reasons, the Department has accepted Jamestown’s response and considers this finding to be closed for the purposes of this program review. However, the officials and directors of Jamestown are put on notice that they must continue to develop the institution’s campus safety program and take any additional necessary action to fully address the deficiencies and weaknesses identified by the Department. These corrective measures must also address any deficiencies that were identified during the preparation of the University’s response or as otherwise needed to ensure that these violations do not recur. Jamestown is reminded that the exceptions identified above constitute serious violations of the Clery Act that by their nature cannot be cured. There is no way to truly “correct” violations of this type once they occur. The requirement to produce an accurate and complete ASR and AFSR. asa single, comprehensive document and to distribute this report to students and employees is fundamental to the goals of the Clery Act. Access to this information permits campus community members and their families to make well-informed decisions about where to study and work and empowers individuals to play a more active role in their own safety and security. Jamestown has stated that it has brought its overall campus safety operations program compliance with the Clery Act as required by its PPA. Nevertheless, Jamestown is advised that such actions cannot and do not diminish the seriousness of these violations nor do they eliminate the possibility that the Department will impose an adverse administrative action and/or require additional corrective actions as a result. www. FederalStudentAid.ed.govUniversity of Sumestown Campus Crime Finat Program Review Determination Page # 10 Finding #2: Omitted and/or Inadequate ASR and AFSR Policy Statements Citation: he Clery Act and the Department's regulations require institutions to include several policy statements in their ASRs. These disclosures are intended to inform the campus community about the institution's security policies and procedures, and the availability of programs and resources as well as channels for victims of crime to seek recourse. In general, these policies include topics such as the law enforcement authority and practices of campus police and security forces, incident reporting procedures for students and employees, and policies that govern the preparation of the report itself. Institutions are required to disclose their drug and alcohol education and prevention programs. Policies pertaining to sexual assault education, prevention, and adjudication, and policies governing the issuance of timely warnings and emergency notifications must be disclosed in detail. The institution must include the policies and crime statisties in a single comprehensive document, the ASR. With the exception of certain drug and alcohol program information, cross-referencing to other publications is not sufficient to meet the publication and distribution requirements of the Act. § 485(f) of the HEA; 34 CER. $ 668.46(b); 34 CER. § 668.41(C). Federal regulations require euch institution that provides any on-campus housing to devetop and implement procedures and protocols that will be activated whenever a student who resides in those on-campus housing facilities is determined 10 be missing and to include such procedures in the ASR. The policies must include statements that idenuify the individual or organizations to which students, employees, or other individuals should report when a student has been missing for 24 hows and require that any missing student report be referred to the institution's police or security department or local law enforcement, In addition, students who reside in on-campus housing must be informed of the option to identify a contact person who will be informed in the event that they are missing, that their contact information will be registered confidentially, and for students who are under 18 years of age, a statement that their custodial parent will be notified. The policy must indicate that in all instances law enforcement will be notified. Also, that their contact person will be notified within 24 hours, if they are under 18, their custodial parent will be notified, and that in all instances law enforcement will be notified within 24 hours of the determination that they are missing. 34 CE.R. § 668.46(h) Federal regulations require institutions that provide on-campus housing to publish an annual fire safety report that must include fire statistics for each on-campus student housing facility for the previous three years. The statistics must include the number of fires, the cause of each fire, the number of persons who received fire related injuries, the number of deaths caused by fi well as the value of any property damage caused by fire. The report must additionally contain, at a minimum, a description of the fire safety system in each housing facility, the number of fire drills held during the previous year, and the institution's policies and procedures pertaining to fire safety. The policy statements must address any rules regarding electrical appliances ‘smoking, and open flames in student housing and provide the procedures that students and www.FedcralStudentAid.ed.govUniversity of Jamestown impus Crime Final Program Review Determination Page # 11 employees should use in the case of a fire as well as procedures for evacuation during a fire. Statements must include any policies regarding fire safety education and training programs provided to students and employees and any plans for fiture improvements in fire safety. In addition, an institution that provides on-campus housing must maintain a fire log, which must -cord the reporting of a fire by date, nature, and general location, Entries on the fire log are required to be made within two business days and the fire log for the previous 60 days must be ‘made available to the public for inspection, 34 CER. § 668.49. An institution may choose to publish its fire safety report with its ASR concurrently and may do so if the title of the report clearly states that the report contains both the ASR and the annual fire safety report, If an institution chooses to publish the annual fire safety report separately from the ASR, it must inclute information in cach of the two reports about how to directly access the other report, 34 CER, § 668.41 (e(6). Noncompliance: Jamestown failed to develop and implement numerous required statements of policy, procedure, practice, and programs and, consequently, was unable to include this required content in the ASRs produced during the review period. Moreover, it must be noted that the review team's examination indicates that many of these violations existed long before the review period and in some cases may in fact date back to the inception of the Clery Act. The scope of these violations indicates a systemic failure to comply with the Clery Act and is indicative of a serious administrative impairment, The extensive list below documents the extent of these deficiencies. In fact, the Department's review identified more than 55 separate violations’ in the University's ASR/AFSRs that were produced during 2013-2015, Stated simply, the review team found that Jamestown was always behind in its attempts to comply with the Clery Act and, if not for the Department's intervention, would have likely continued on that course. However, even after the review was announced, Jamestown produced subsequent reports that were deficient in several material respects, a condition that triggers a special regulatory concern. The following deficiencies were noted: ©The Department must note that several ofthe significant policy, procedural, and programmatic statements that \were omitted or otherwise Found to be inadequate in Jamestowa’s ASRS and AFSRs require a detailed, multi-part disclosure meaning that the University actualy failed to include significantly more than 55 disclosures in the reports produced during the review period. The omitted material included information about the University’s eampus safety, crime prevention, and fire safely programs, including the sexual assault prevention and response information required by Section 304 of the Violence Against Women Reauthorization Act of 2013 (VAWA) and the requirements of 34 CER. § 668.46(6)(11), commonly relerred to as the Campus Sexual Assault Vietim’s Bill of Rights. ‘This information is vitally important to the safety of students and employees at all institutions regardless of 1a school’s size, location, or organizational structure www. FederalStudentAid.ed.govUniversity of Jamestown Campus Crime Final Program Review Determination Page #12 2015 ASR/AFSR - Inadequate/Omitted Disclosw Failure to properly title the combined publication to put readers on notice that the annual security report and annual fire safety report were included in a single document. 34 CER. § 668.41 (e)(6). Failure to include a statement of policy concerning the security or access to campus facilities, to include campus residences and security considerations used in the ‘maintenance of campus facilities, 34 CER. § 668.46(0)(3), Failure to include a statement of policy concerning the enforcement authority of security personnel, including the working relationship with state and local police agencies, whether those security personnel have arrest authority; a stalement that encourages accurate and prompt reporting of all crimes to the campus police or public safety department and/or appropriate local law enforcement agencies; information on any agreement, such as a memoranda of understanding between the institution and such agencies, for the investigation of alleged crimes; and information of voluntary and confidential reporting options for professional and pastoral counselors. 34 . 668.46(b)(4). Failure to include a description of the type and frequency of programs designed to inform students and employees about campus security procedures and practices and to encourage them 10 be responsible for their own security and the security of others. CER. § 668.46(b)(5). 34 Failure to include « description of programs designed to inform students and employees about crime prevention, 34 C.F.R. § 668,46(b)(6). Failure to include a statement of policy concerning the monitoring and recording through local police agencies of eriminal activity in which students engaged at off- campus locations of student organizations officially recognized by the institution. 34 CFR. § 668.46(b)(7). Failure to include a des s drug and aleohol-abuse education programs, as required under section 120(a) through (d) of the HEA. 34 CER. § 668.46(b)(10). Failure to include a statement of policy regarding the University’s programs to prevent dating violence, domestic violence, sexual assault, and stalking. This disclosure must include: 1) a description of educational programs and campaigns about these offenses that are provided to students and employees; 2) a statement about the importance of preserving evidence; 3) information on the student's option to notify law enforcement ities and that institutional officials will assist victims or witnesses to navigate the www.FederalStudentAid.ed.govUniversity of Jamestown Campus Crime Final Program Review Determination Pe rei dS reporting process; 4) information on how to secure an order of protection, "‘no-comtact"” orders, restraining order, or similar lawful orders issued by a criminal, civil, or tribal court or by the institution; 5) information on how to access existing counseling, health, mental health, victim advocacy, legal assistance, and other services; 6) information on how to request changes to academie, living, transportation, and working situations or protective measures and the fact that the institution must make such accommodations or provide such protective measures if the victim requests them and if they are reasonably available, regardless of whether the incident is reported local law enforcement; 7) information about the University’s procedures for campus disciplinary actions in cases of an alleged crime of sexual or intimate partner violence; and, 8) a statement of policy that the institution will provide a student or employee that has been a victim of dating violence, domestic violence, sexual assault, or stalking, on or off campus, will receive a written explanation of the student's or employee's rights and options. 34 CER. § 668.46()(11). * Aclear statement regarding how interested parties can access state sex offender registry data. 34 CFR. § 668.46(b)(12). © Failure to include a statement in its missing student notification procedures advising students that: 1) their contact person's information will be confidentially registered and that the information will only be accessible to authorized campus officials, and that it may not be disclosed, except to law enforcement personnel in the furtherance of a missing student investigation and 2) the University will notify the custodial parent or guardian of any student that is determined to be missing and who is under 18 years of age unless said person has been emancipated, 34 CFR. § 668.46th). © Failure to include a statement of policy that addresses the institution's programs 10 prevent dating violence, domestic violence, sexual assault, and stalking. The Univers disclosure did not include the following required elements: 1) a description of primary prevention and awareness programs for all incoming students and new employees that included a statement that the institution prohibits all acts of dating violence, domestic violence, sexual assault, and stalking and 2) the definitions for dating violence, domestic violence, sexual assault, and stalking in the applicable jurisdiction: the definition of “consent” in reference to sexual activity in the applicable jurisdiction; a description of safe and positive options for bystander intervention; information on risk reduction programs and trainings 34 CER. § 668.46(). © Failure to include a clear statement of policy that addresses the procedures for institutional disciplinary action in cases of alleged dating violence, domestic violence, sexual assault, or stalking. This disclosure must address each type of diseiplinar. proceeding used by the institution; the standard of evidence that will apply; the steps in the hearing process, anticipated timelines, and decision-making process for each type of disciplinary proceeding; how to file a disciplinary complaint; and how the institution www. FederalStudentAid.ed.govUniversity of Samestorn Campus Crime Final Program Review Determination Paget 14 determines which type of proceeding to use based on the circumstances of the allegations. The disclosure must also deseribe the range of posstble sanctions and a list of available protective measures. 34 CER. § 668.46(K)(1). © Failure to include a clear statement that in cases of alleged dating violence, domestic violence, sexual assault, or stalking, the institution will provide for a prompt, fair, and impartial process from initial investigation to final result, This diselosure must address the annual training requirement that applies to all persons that will participate in investigations and/or proceedings. It must also advise that both the aceuser and the accused will have the same opportunities to have others present during any disciplinary proceeding or meeting. The disclosure must clearly state that each party is emitled to be accompanied by an advisor of their choice and must spell out the restrictions that will apply to the advisor’s participation and that such limitations will apply to all such advisors. Finally, the disclosure must state that the aceuser and the accused will receive simultaneous notification, in writing, that provides the result of the disciplinary proceeding, appeal procedures, information about any changes to the result, and notification of when the results become final, 34 C.E-R, § 668.46(k)(2). * Failure (0 include required information concerning the fire safety systems in each of the on-campus student housing facilities, 34 CFR. § 668.49(b)(2). Failure to include a statement of policy regarding the use of portable el appliances, smoking, and open flame in student housing facilities. 34 CER. § 668.46) A). * Failure to include specific institutional procedures for student housing evacuation in the ease of a fire, 34 CER. § 668.49(b)(). © Failure to include a statement regarding its fire safety education and training programs that are provided to the students and employees. In these policies, the institution must describe the procedures that students and employees should follow in the case of a fire. 34 CER. § 668.49(b)(6). © Failure to include a list of the titles of each person or organization to which students and employees should report that a fire occurred. 34 CFR. § 668.49(b)(7). © Failure to include a statement regarding its plans for future improvements in fire safety programs or facility upgrades or at a minimum, a clear statement that there are no plans for any such improvements. 34 C.F.R. § 668.49(b)(8). www.FederalStudentAid.ed.govUniversity of Jamestown Campus Crime Final Program Re Page #15 Determination 2014 ASR/AFSR - Inadequate/Omitted Disclosures © Failure to properly title the combined publication to put readers on notice that the annual security report and annual fire safety report were included in a single document, BA CER. § 668A1(C)(0). * Failure to include the University’s policies for preparing the annual of crime s CER, § 668460) V). © Failure to include a statement of policy concerning the security or access to campus facilities, to include campus residences and security considerations used in the ‘maintenance of campus facilities. 34 C.F.R. § 668.46(b)(3). © Failure to include a statement of policy concerning the enforcement authority of security personnel, incluling the working relationship with state and local police agencies, whether those security personnel have arrest authority; a statement that encourages accurate and prompt reporting of all crimes to the campus police or public safety department and/or appropriate local law enforcement agencies; information on any agreements, such as a memoranda of understanding between the institution and such agencies, for the investigation of alleged crimes; and information of volumary and confidential reporting options for professional and pastoral counselors. 34 CFR. § 668.46(b)(4). © Failure 10 include a description of the type and frequency of programs designed to inform students and employees about campus security procedures and practices and to encourage them to be responsible for their own security and the security of others. 34 CER. $ 668.46(6)(5). * Failure to include a description of programs designed to inform students and employees about crime prevention. 34 CFR. § 668.46(b)(6). * Failure (0 include a statement of policy concerning the monitoring and recording through local police agencies of criminal activity in which students engaged at off- campus locations of student organizations officially recognized by the institution. 34 CER. § 668.46(b)(7). * Failure to include a description of the University’s drug and alcohol-abuse education programs, as required under section 120(a) through (d) of the HEA. 34 CER. § 668.46(b)(10). * Failure to include a statement of policy regarding the institution's campus sexual assault programs designed to prevent sex offenses and a description of its educational programs to promote awareness of rape, acquaintance rape, and other forcible and non-foreible www. FederalStudentAid.ed.govUniversity of Jamestown ‘Campus Crime Final Program Review Determination Page i 16 sex offenses. The University’s disclosures did not inelude minimatly-acceptable information abou the following: 1) procedures that students should follow when a sex offense occurs, including the importance of preserving evidence; 2) information on the stuclent's option to notify law enforcement authorities and that institutional officials will assist victims or witnesses to navigate the reporting pracess; 3) information on how t0 access existing counseling, health, mental health, vietim advocacy, legal assistance and other services; 4) specific notification that the institution will change a vietinr’s academe and living situation after an alleged sex offense and the options of those changes, if such changes are requested and are reasonably available. Instead, the ASR stated, “A person filing a complaint or asserting allegations of sexual harassment against another in good faith shall be afforded such protection as the committee believes to be warranted;" 5) information about the University's procedures for campus disciplinary actions in cases of an alleged sex offense; 6) a statement that both the accuser and the accused must be informed of the outcome of any institutional disciplinary proceeding brought alleging a sexual offense; 7) a statement that accuser and the accused must be informed of the outcome of any institutional disciplinary proceeding brought alleging a sexual offense: and, 8) information about possible sanctions that may be imposed following a finding of responsibility for such offenses. 34 CER. § 668.46(6)(11). ‘© A clear statement regarding how interested parties can access state sex offender registry data, 34 CFR. § 668.46()(12) © Failure to inchide a statement in its missing student notification procedures advising students that: 1) their contact person's information will be confidentially registered and that the information will only be accessible to authorized campus officials, and that it may not be disclosed, except to law enforcement personnel in the furtherance of a missing student investigation and 2) the University will notify the custodial parent or guardian of any student that is determined to be missing and who is under 18 years of age unless said person has been emancipated, 34 C.F.R. § 668.46(h). © Failure to include required information concerning the fire safety systems in each of the on-campus student housing facilities. 34 CER. § 668.49(b)(2). ailure to include a statement of policy regarding the use of portable electrical appliances, smoking, and open flame in student housing facilities. 34 CER. § 668.49(b)(4). © Failure to include specific institutional procedures for student housing evacuation in the case of a fire, 34 CER, § 668.49(b)(5). © Failure to include a statement regarding its fire safety education and training programs that are provided to the students and employees. In these policies, the institution must www.FederalStudentAid.ed.govUniversity of Samestown Campus Crime Fi i Program Review Determination Page #17 describe the procedures that students and employees should follow in the case of a fire. 34 CER. § 668.49(b)(6). Failure to include a list of the titles of each person or organization to which students and employees should report that a fire occurred. 34 C.F.R. § 668.49(b)(7). Failure to include a statement regarding its plans for future improvements in fire safety programs or facility upgrades or at a minimum, a clear statement that there are no plans for any such improvements, 34 CER. § 668.49(b)(8). 2013 ASR/AFSR - Inadequate/Omitted Disclosure Failure to properly tite the combined publication to put readers on notice that the annual security report and annual fire safety report were included in a single document. 34 CER, § 668.4 1(0)(6). Failure to include the University’s policies for preparing the annual of crime statistics. 34 CER. § 668.46(\2)(ii). Failure to include a statement of policy concerning the security or access to campus facitties, to include campus residences and security considerations used in the maintenance of campus facilities, 34 C.F.R. § 668.46(b)(3). Failure 10 inclute a statement of policy concerning the enforcement authority of personnel, including the working relationship with state and local police agencies, whether those security personnel have arrest authority; a statement that encourages accurate and prompt reporting of all crimes to the campus police or public safety department and/or appropriate local law enforcement agencies: information on any agreements, such as a memoranda of understanding between the institution and such agencies, for the investigation of alleged crimes; and information of voluntary and confidential reporting options for professional and pastoral counselors. 34 C.F.R. § 668.46 (b)(4). surity Failure to include a description of the type and frequency of programs designed to inform students and employees about campus security procedures and practices and to encourage them to be responsible for their own security and the security of others. 34 CER. § 668.46(b)(5). Failure to include a description of programs designed to inform students and employees about crime prevention. 34 CER. § 668.46(b)(6). Failure to include a statement of policy concerning the monitoring and recording through local police agencies of criminal activity in which students engaged at off www. FederalStudentAid.ed.govUniversity of Jamestown Final Program Review Determination campus locations of student organizations officially recognized by the institution, 34 CER. § 668 46(b)(7). * Failure to include a deseription of the University's drug and aleohot-abuse education programs, as required under section 120(a) through (d) of the HEA. 34 CER. § 668.46(6)(10). © Failure to include a statement of policy regarding the institution 's campus sexual assault programs designed to prevent sex offenses and a description of its educational programs fo promote awareness of rape, acquaintance rape, and other forcible and non-forcible sex offenses. The University's disclosures did not include minimally-acceptable information about the following: 1) procedures that students should follow when a sex offense accurs, including the importance of preserving evidence; 2) information on the student's option to notify law enforcement authorities and that institutional officials will assist victims or witnesses to navigate the reporting process: 3) information on how to access existing counseling, health, mental health, vietim advocacy, legal assistance and other services; 4) specific notification that the institution will change a victim's academic and living situation afier an alleged sex offense and the options of those changes, if such changes are requested and are reasonably available, Instead, the ASR stated, “A person filing a complaint or asserting allegations of sexual harassment against another in good faith shall be afforded such protection as the committee believes to be warranted:" 5) information about the University's procedures for campus disciplinary actions in cases an alleged sex offense; 6) a statement that both the accuser and the accused must be informed of the outcome of any institutional disciplinary proceeding brought alleging a sexual offense; 7) a statement that accuser and the accused must be informed of the outcome of any institutional disciplinary proceeding brought alleging a sexual offense: and, 8) information about possible sanctions that may be imposed following a finding. of responsibility for such offenses. 34 CER. § 668.46(b)(11) * A clear statement regarding how interested parties can access state sex offender registry data. 34 CFR. § 668.46(b)(12). © Failure to include a statement in its missing student notification procedures advising students that: 1) their contact person's information will be confidentially registered and that the information will only be accessible to authorized campus officials, and that it ‘may not be disclosed, except to law enforcement personnel in the furtherance of a ‘missing student investigation and 2) the University will notify the custodial parent or guardian of any student that is determined to be missing and who is under 18 years of age unless said person has been emancipated. 34 CER. § 668.46(h). © Failure to include required information concerning the fire safer ‘on-campus student housing facilities. 34 CER. § 668.49(b)(2). systems in cach of the www.FederalStudentAid.ed.govUniversity of Jamestown ‘Campus Ceime Final Program Review Determination Paget 19 © Failure to include a statement of poliey regarding the use of portable electrical appliances, smoking, and open flame in student housing facilities, 34 C.F. 668.49(b)(4). © Failure to include specific institutional procedures for stdlent housing evacuation in the case of a fire. 34 CER, § 668.49(b)(5). © Failure tw include a statement regarding its fire safety education and training programs that are provided to the students and employees. In these policies, the institution must describe the procedures that students and employees should follow in the case of a fire. 34 CER. § 668.49(b)(6). © Failure to include a list of the titles of each person or organization to which students and employees should report that a fire occurred, 34 CER. § 668.4967). © Failure to include a statement regarding its plans for fiature improvements in fire safety program or facility upgrades or at a minimum, a clear statement that there are no plans for any such improvements. 34 CER. § 668.49(b)(8). Finally, the review team noted that the 2015 and 2014 AFSRs were not titled properly. In each case, the ttle of the report indicated that it was a “2012” publication, Technically, the Clery Act does not require adherence to a strict titling requirement; however, the standard convention in the field dictates that the report's ttle should include the year that it was issued, to do otherwise causes unnecessary confusion for users of the report, including students, employees, parents researchers, and the media, Therefore, the report titled as the 2015 AFSR should be the report that included statistical data for 2014, 2013, and 2012 and was required to be actively distributed on or before October 1, 2015. In this case, two AFSRs were labeled as 2012 reports even though one included statistical data from 2013 and the other from 2014, This condition ‘must be remedied in the 2016 reports. The Clery Act is first and foremost a consumer protection and information law based on the idea that students, employees, parents, and other stakeholder are entitled to accurate, complete, and timely information on campus safety and crime prevention matters, This information can empower individuals to make well-informed decisions about events that affect their own well- being and that of other members of the campus community. Any failure by an institution to provide this information or to otherwise carry out its campus safety program in a transparent ‘manner deprives the campus conmunity members of vital information to which they are entitled and effectively negates the intent of the Act. Required Action: As a result of this violation, the University is required to take all necessary corrective actions to address this violation and all others identified in this Program Review Report. Specifically, www.FederalStudentAid.ed.govUniversity of Jamestown Campus Crime Final Program Revi Page #20 Determination Jamestown is required to review and revise its current policies and procedures that govern the production of the ASR and AFSR and to then develop and implement additional internal guidance as needed to provide reasonable assurance that these violations will not recur, Jamestown is also required to conduct an internal review of its 2015 ASR and AFSR to identify all omitted and inadequate disclosures, with a special focus on the VAWA provisions. Once all deficiencies are identified, the institution must use this information to produce an accurate and complete 2016 ASR and/or AFSR. These reports must then be actively distributed 1 all current students and employees no later than October 1, 2016. No tater than October 15, 2016%, Jamestown must submit copies of the 2016 reports and credible evidence showing that each report was actively distributed to mandatory recipients. Suitable evidence of distribution may include a copy of an e-mail used to transmit the report or other similar documentation These materials must be submitted via electronic mail to Mr. Douglas Rose at douglas.rose@ed.gov, Based on an evaluation of all available information, including Jamestown’s response, the Depariment will determine if additional actions will be required and will advise the University accordingly in the FPRD. Institutional Response: In its official response, Jamestown management concurred with the finding and stated that even though the University believed the majority of the information was correct, there were noted discrepancies. Jamestown stated that responsible officials developed new procedures to resolve the discrepancies to include using subject matter experts, updating processes for providing nd establishing appropriate steps to insure correct and clear communication for policies and procedures for safety, security, and VAWA processes. In support of its claims of corrective action, Jamestown provided copies of its new and revised policies and procedures, to include the University’s 2016 ASR and AFSR. Final Determination: Finding #2 cited Jamestown for multiple violations of the Clery Act and the Department's, regulations. Specifically, the University failed to produce a complete 2013-2015 ASR and AFSR that included all required campus safety and crime prevention statistical and safety, security, and fire policy disclosures required by 34 CF.R. § 668.46(b) and 34 C. 668.49(b). ‘The missing policy statements and other required disclosures are outlined in the Noncompliance section above.’ As a result of these violations, Jamestown was required to The due date for the submission of the documents requested above is intentionally different than the applicable deadline forthe rest of the University’s offical response to this Program Review Report * As noted in the Program Review Report, the review team also identified several policy. procedural, and programmatic disclosures that required more development. Given the umber of serious deficiencies, the initial www. FederalStudentAid.ed.govUniversity of Jamestown ‘Campus Crine Final Program Review Determination Page #21 review and revise its existing policies and procedures regarding the production and distribution of the ASR and AFSR, to develop new internal processes, as needed, and to ensure that these deficiencies do not recur. ‘Then, in accordance with its new and revised guidanee, Jamestown ‘was required to produce an accurate and complete 2016 ASR and AFSR. In its response, Jamestown did concur with the finding and did submit documentation that purported to show that adequate remedial action was taken. ‘The Department carefully reviewed all available information, including Jamestown’s response and supporting documentation. Based on that review and Jamestown’s admissions, the numerous violations identified in the initial finding are sustained. In upholding this violation, the Department must emphasize that the Clery Act requires institutions to produce a single document that includes all required campus safety disclosures. The review team’s examination also showed that the identified violations were, for the most part, satisfactorily addressed by the revised 2016 ASR and AFSR, and the University’s new and revised internal policies and procedures. As such, the Department has determined that Jamestown’s corrective action plan meets minimum requirements. For these reasons, the Department has accepted Jamestown’s response and considers this finding to be closed for the purposes of this program review. However, the officials and directors of Jamestown are put on notice that the University must continue to refine its ASRs and AFSRs and continue to develop its campus safety and crime prevention operation. Moreover, the institution must initiate any other action that may be needed to fully address the deficiencies and weaknesses identified by the Department. These remedial measures must also address any deficiencies that were identified during the preparation of the University’s response or as otherwise needed to ensure that these violations do not recur. Jamestown is reminded that the exceptions identified above constitute serious violations of the Clery Act that by their nature cannot be cured. There is no way to truly “correct” violations of this type once they occur. ‘The requirement to produce an accurate and complete ASR and AFSR as.a single, comprehensive document and to distribute this report to students and employees is fundamental to the goals of the Clery dct. Even though the University claims to be ranked as “one of the three safest colleges and universities in North Dakota”,’ Jamestown must ensure access to this information permits campus community members and their families to make well- informed decisions about where to study and work and empowers individuals to play a more active role in their own safety and security. Jamestown has stated that it has brought its overall campus safety operations program into compliance with the Clery Act as required by its PPA. Nevertheless, Jamestown is advised that such actions cannot and do not diminis| of these violations nor do they eliminate the possibilty that the Department will impose adverse administrative action and/or require additional corrective actions as a result. report focused on the omitted disclosures. Areas requiring additional specificity will be addressed by way of technical assistance at the appropriate time. * Letter dated October 7, 2016, referencing the August 16, 2016 Program Review Report www. FederalStudentAid.ed.govUniversity of Jamestown Campus Crime Final Program Review Determination Page #22 Finding #3: Failure to Distribute the ASR and AFSR in Accordance with Federal Regulations Citation: The Clery Act and the Department's regulations require that all institutions participating in the Title IV, HEA financial aid programs must produce an accurate and complete ASR that contains, at a minimum, all of the statistical and policy disclosures listed in 34 CFR. § 668.46 (b) and if the institution maintains an on-campus student housing facility, an accurate and complete AFSR that includes all of the required disclosures described in 34 C.F.R. § 668.49 (b). The ASR must he prepared and distributed as a single document, The only exception to this requirement is that the ASR may eross-reference information regarding the institution’s alcohol and other drug abuse prevention programs required by § 120 (a)-(d) of the HEA. 34 CER. § 668.46(4)(10). Institutions may produce a combined ASI/AFSR publication so long as all of the required information is inchided and the title of the report accurately reflects the contents. Federal regulations also require institutions to provide the ASR/AFSR to all current students and employees through appropriate publications and mailing. Acceptable means of delivery include regular U.S. Mail, hand delivery, campus mail distribution to the individual, or posting on the institution's website, If'an institution chooses (o distribute its report by posting to an Internet or Intranet site, the institution must, by October 1 of each year, distribute a notice to all students and employees that includes a statement of the report's availability and its exact electronic address, a deseription of its contents, and a statement that a paper copy will be provided upon request. 34 CER. § 668.41()(D). Participating institutions must provide a conspicuous notice to prospective students and employees that include a statement about the ASW/AFSR's availability, its contents, and its exact electronic address, if posted to a website, This notice must advise all parties, students, employees, prospective students, and prospective employees that they may request a paper copy of the ASR/AFSR. 34 CER. § 668.41(e)(4). Noncompliance: Jamestown failed to distribute its ASR/AFSRs to all enrolled students and current employees by the regulatory deadline in 2010, 2012, 2013, and 2014. No evidence was provided to prove that the 2010, 2012, and 2014 were ever distributed, Records provided by the University indicate that the combined 2013 ASW/AFSR was not distributed until October 29, 2013, and that a revised version was then distributed on December 5, 2013, The Department notes that Jamestown did submit a copy of a September 30, 2011, electronic mail message that was purportedly used to distribute the 2011 ASR. Failure to produce accurate and complete ASRs required reports in accordance with Federal ind AFSRs and to actively distribute these lations delays and/or deprives delivery of www. FederalStudentAid.ed.govUniversity of Jamestown Campus Crime Final Program Review Determination Page #23 important campus safety information to campus community members. As noted previously, this information can empower individuals to make informed decisions and to play a more active role in their own safety and security. Required Action: As a result of this violation, Jamestown is required to take all necessary corrective actions to address this violation and all others identified in this Program Review Report. Specifically, Jamestown is required to review and revise its current policies and procedures that govern the distribution of the ASR and AFSR and 10 then develop and implement additional internal guidance, as needed, to provide reasonable assurance that these violations will not recur. The enhanced policies and procedures must include clear action steps that will permit the University to actively distribute the ASR and AFSR no later than October 1 on an annual basis: Moreover, this guidance must articulate with specificity how prospective students and employees will be actively notified about the availability of the ASR and AFSR, their contents, and provide instructions on how to obtain copies of these reports. Then, using its new and revised poli and procedures as a guide, Jamestown must actively distribute an accurate and complete 2016 ASR. The University is already required to submit a copy of its 2016 reports and proof of distribution under Finding #2. Based on an evaluation of all available information, including Jamestown’s response, the Department will determine if additional actions will be required and will advise the University accordingly in the FPRD. Institutional Response: In its official response, Jamestown management concurred with the finding and stated that immediate remedial action was taken as directed in the Program Review Report. The University represented that some campus crime and fire safety information was provided to the campus community but that with the help of consultants, responsible officials have developed a much stronger understanding of the requirements of the Clery Act and have revised and updated policies, procedures, and processes to ensure they are able to appropriately and in a timely manner distribute the University’s ASR and AFSR. Furthermore, the University stated responsible officials will “carry forward with all due diligence to appropriately record, maintain, and distribute the university's ASR and AFSR reports now and in the future.”” Final Determination: Finding #3 cited Jamestown for multiple violations of the Clery Act and the Department's regulations, as outlined in the Noncompliance section above. Specifically, the review team found that the University failed to produce and distribute in a timely manner the ASR and AFSR, * Letter dated October 7, 2016, referencing the August 16, 2016 Program Review Report. www.FederalStudentAid.ed.govUniversity of Jamestown Campus Crime Final Program Review Determination Page #24 according to Federal regulations, for years 2010, 2012, 2013, and 2014 to enrolled students and current employees on or before the October I deadline. As a result of this violation, the University was required to review and revise its policies and procedures for preparing and distributing its ASR and APSR to ensure that the distribution is prior to October | of each year and to submit credible evidence of its distribution efforts. In its response, the Ui concurred with the Department's finding by stating that their efforts were not in stated Federal regulations and guidelines. Furthermore, the University stated that remedial action was taken and submitted documentation to support this claim. ‘The Department carefully examined Jamestown’s narrative response and supporting documentation. Based on that review and the University’s admissions, the violation identified in the noncompliance section of the initial finding is sustained. The review team’s examination also showed that the identified violations were, for the most part, satisfactorily addressed by the University’s revised internal policies and procedures for distributing and electronically posting its ASR and AFSR. As such, the Department has determined that Jamestown’s remedial action plan meets minimum requirements. For these reasons, the Department has acknowledged Jamestown's response and considers this finding to be closed for purposes of this program review. Nevertheless, the officials and directors of Jamestown, and especially the Clery and DFSCA Oversight Committee, are advised that they must take any additional actions that may be necessary to address the deficiencies and weaknesses identified by the Department as well as those that were detected during the preparation of the University’s response to the Department's, report and/or as may otherwise be needed to ensure that these violations do not recur. Jamestown is reminded that the exception identified above constitutes a serious violation of the Clery Act that by its nature cannot be cured, There is no Way to truly “correct” a violation of this type once it occurs. Jamestown asserted that it has taken adequate remedial actions and, that by doing so, is now in compliance with the Clery Act as required by its PPA. The production and timely distribution of an accurate and complete ASR and AFSR are among the most basic requirements of the Clery Act and are fundamental to its campus safety goals. As such, Jamestown officials must understand that any failure to publish and distribute an accurate and complete ASR and AFSR deprives students and employees of important campus safety and secutity information to which they are entitled. For these reasons, the University is advised that s remedial actions cannot and do not diminish the seriousness of these violations nor do they eliminate the possibility that the Department will impose an adverse administrative action and/or require additional corrective actions as a result. www.FederalStudentAid.ed.gov