The following is the letter of response I
received in response to my appeal of Judge Canellos’s decision on Virginia
Tech:
Depart of Education
May 10, 2012
Dear Mr. Cariens:
Thank you for your recent correspondence to Secretary Arne
Duncan (Secretary) regarding the hearing official’s decision in the Virginia
Polytechnic Institute and State University’s (Virginia Tech) fine. Because
Federal Student Aid (FSA) is chargedwith enforcing the Jeanne Clery Disclosure
of Campus Security Policy and Campus Crime Statistics (Clery Act), your letter
was referred to FSA for consideration.
FSA takes its responsibility to monitor and enforce Clery
Act compliance very seriously. Accordingly, shortly after the tragic events of
April 16, 2007 FSA began a focused program review to evaluate Virginia Tech’s
actions in light of its own published policies and procedures and the Clery
Act’s timely warning requirements. As you know, FSA issued a program review
report that identifies certain findings non-compliance. After a very careful
consideration of the
(sic.)Virginia Tech’s response to the program review report, FSA issued
a Final Program Review Determination (FPRD) stating our conclusion that Virginia
Tech, did in fact, fail to meet the timely warning requirements set forth in
the Clery Act. Furthermore, FSA initiated a fine as result of the serious
non-compliance documented in the FPRD. Virginia Tech appealed the fine action.
As you know, the hearing official issued an initial decision which concluded
that the fine should not be upheld.
Notwithstanding that decision, FSA continues to believe that
the law and the facts of the case support our finding and that those findings
support the imposition of a fine. Accordingly, FSA filed an appeal of the
haring official’s March 29, 2012 decision with the Secretary on May 4, 2012.
FSA appreciates your interest in this case and your advocacy
on behalf of campus crime victims. If you have any questions, please feel free
to contact Mr. James Moore, Team Leader of the Clery Act Compliance Team on
215-656-6495 or at james.moore@ed.gov.
Sincerely,
(signed)
Mary E. Gust
Director
Administrative Actions and
Appeals Service Group
