Sending a child off to college is one of the proudest days in a parent’s life. It can also stir up feelings of apprehension, as this is the first time your child has lived away from home. You’re no longer there to protect them. Instead, you rely on the college to provide a safe environment where your child can learn and thrive.
What if the unthinkable happens? Is a college responsible if a student is assaulted on campus?
Yes. A college can be held responsible if the assault resulted from the school’s negligence in taking reasonable preventive measures to protect the students’ safety. Proving that liability is far easier when you retain the services of an experienced Philadelphia premises liability lawyer.
The Role of the Clery Act in Campus Safety Cases
The Clery Act is a federal consumer protection law that requires any university that receives federal aid to provide disclosures to the public of all relevant information about crime statistics and safety policies. The Clery Act holds profound relevance in Pennsylvania because the legislation is rooted in the 1986 rape and murder of a 19-year-old Lehigh University freshman, Jeanne Clery. Thanks to the advocacy of her parents, the act was created to pave the way for modern campus security.
The core requirements for Pennsylvania institutions such as Penn State and the University of Pennsylvania include the following:
- Annual Security Reports (ASR): Colleges and universities must compile and publish an annual report by October 1 that details specific crime statistics from the previous three years. Additionally, the ASR must include descriptions of campus security policies.
- Designation of Campus Security Authorities (CSA): Staff members, resident advisors, and coaches must report allegations of specific crimes. That includes any incident of sexual assault, aggravated assault, or robbery. These incidents need to be logged and acted on.
- Emergency Notifications: Campuses must alert students and employees immediately about ongoing or imminent threats to safety.
- Prevention and Response Policies: In 2013, the Campus SaVE (Sexual Violence Elimination) Act was created to amend the Clery Act. It provides enhanced rights to victims along with ongoing prevention programs around dating violence, domestic violence, sexual assault, and stalking.
The Clery Act does not allow victims to sue a school directly, but it does set the standard for what campuses are expected to do. When a school ignores those requirements, that failure can serve as powerful evidence of negligence in a premises liability claim.
Common Examples of Negligent Security on Campus
As part of the enrollment process, most families will tour a college campus. You probably asked about safety and were assured the campus was safe. A deeper inspection might reveal problem areas that point toward negligent security, including the following:
- Broken locks on dormitory doors
- Inadequate lighting in campus parking lots
- Faulty or unmonitored surveillance cameras
- Malfunctioning emergency call boxes
- Lack of proper security personnel in high-risk areas
If any of these conditions exist before an assault, they can indicate negligence on the part of the institution.
Proving Foreseeability in a Campus Liability Claim
Foreseeability is a key component in any liability claim. It refers to the ability to reasonably anticipate the potential for harm. To prove foreseeability in a campus liability claim, your attorneys can request campus police reports or incident logs that document prior crimes.
Your attorneys can also look at previous maintenance work orders that establish when things broke down, like lights or security cameras. Repeated complaints without repairs are another indication of negligence.
The university will provide a student handbook that outlines safety protocols and facilities management guidelines. If the school failed to follow its own written policies, that can help show the resulting risk was foreseeable.
You can also call upon expert testimony that speaks to the lack of proper lighting or consistent security patrols as contributing factors to the assault.
Protecting Your Child’s Rights
No parent wants to face the ordeal of their child being assaulted. It is especially troubling when you rely on a college or university to keep your child safe, and they fail. In those instances, you’re entitled to seek legal support to ensure your child’s rights. The attorneys at Laffey Bucci D’Andrea Reich & Ryan can provide that support.
We have decades of combined experience in premises liability claims. We’ve worked closely with survivors of sexual assault and have helped many families deal with these traumatic situations. We understand how important it is to hold institutions accountable for failing in their duty of care. We also recognize the need to reach an equitable resolution that will help your child get their life back on track.
If your family is dealing with an issue involving your child’s college, we want to hear from you. Reach out to our office to set up a free consultation today.