DOE RESPONSE TO APPEAL

            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