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Posts Tagged ‘The Clery Act’

UVA Lacrosse Murder: New Charges Filed Against George Huguely in Death of Yeardley Love

January 10, 2011 Comments off

CHARLOTTESVILLE, Va. (CBS/WTVR/AP) George Huguely, the former University of Virginia lacrosse player being held on a first-degree murder charge for the death of Yeardley Love, has been charged with an additional five counts.

UVA Lacrosse Murder: New Charges Filed Against George Huguely in Death of Yeardley Love

Charlottesville Commonwealth’s Attorney Dave Chapman filed the new charges of felony murder, robbery, burglary, statutory burglary, and grand larceny against the 22-year-old Friday.

Huguely waived his right to appear by video at a brief hearing Monday morning when the new charges were entered into the record in Charlottesville General District Court, reports CBS affiliate WTVR.

Charlottesville police have charged Huguely with first-degree murder in the death of his ex-girlfriend and fellow classmate Yeardley Love. Huguely claims the death was an accident.

Upset over their recent break-up, Huguely allegedly broke into Love’s apartment May 3 and shook her while her head struck the wall.

Police say Huguely admitted that he saw blood dripping from 22-year-old’s nose before he pushed her back down on her bed, stole her computer which contained e-mails exchanged between the two, and fled.

Huguely has been in solitary confinement in a Charlottesville jail for the past seven months while awaiting his Jan. 21 preliminary hearing. The hearing has since been postponed to a date still to be determined.

Respectfully submitted via Crimesider (CBS)

Judge denies defense access to medical records of slain U-Va. student Yeardley Love

December 23, 2010 Comments off

A Charlottesville judge ruled Wednesday that defense attorneys cannot review years of medical records of the University of Virginia women’s lacrosse player slain in May, saying the documents contained nothing out of the ordinary or relevant to the case.

In a hearing that lasted about five minutes, General District Court Judge Robert H. Downer Jr. said attorneys for George Huguely V, who is charged with murder in the death of his ex-girlfriend Yeardley Love, could look at Love’s prescription for Adderall but nothing else in her medical records. He said that those records generally were not germane to the case but that they showed Love had not taken any non-prescribed prescription drugs and had no unusual problems with dieting.

Defense attorneys had sought the records in an attempt to prove Love died of cardiac arrhythmia causing insufficient blood flow to the head rather than blunt force trauma inflicted by Huguely. The state medical examiner had ruled that Love died of blunt force trauma to the head.

According to a police affidavit, Huguely, 22, admitted that he had been “involved in an altercation” in which “he shook Love and her head repeatedly hit the wall.”

A defense expert disputed the medical examiner’s finding at a hearing last week. He said his working hypothesis was that Love’s vascular system suffered from a lack of oxygen that contributed to her death. Witnesses testified that Love, 22, had a blood alcohol content of 0.14 and that amphetamine in her body indicated that she had taken Adderall.

The judge’s ruling, though, seems to undercut that hypothesis as a defense for Huguely. Commenting on the records he had reviewed, Downer said there was nothing “remotely embarrassing or unusual for a woman who is a student athlete.” The defense expert testified that cardiac arrhythmia probably occurred after the blunt force injuries that Love suffered.

Huguely, of Chevy Chase, remains jailed until a preliminary hearing in January.

Respectfully submitted via The Washington Post,  Matt Zapotosky, Washington Post Staff Writer

 

UVA Violated The Jeanne Clery Act AND Failed To Report Another Sex Crime

October 6, 2010 1 comment

UVA Violated The Jeanne Clery Act AND Failed To Report Another Sex Crime

Charlottesville, VA– Late Tuesday evening, prompted by questions by the Editor In Chief of blinkoncrime.com about a recent rape which occurred at the DZ sorority on Chancellor Street, The University of Virginia sent out an alert to students.

However, as required of UVA by the Clery Act, the alert was 10 days late. Charlottesville Police recorded a police report of a forcible rape on September 17, 2010.

The Jeanne Clery Act, founded by her parents, Howard and Connie Clery, is a Federal Law applicable to all Higher Learning Institutions that participate in Federal funding assistance which requires mandatory reporting for specified crimes.

Constance and Howard Clery founders of Security ON Campus, Inc. after their 19 year old daughter Jeanne was brutally raped, tortured and murdered while sleeping in her dorm on April 5, 1986.

Fellow Lehigh University co-eds propped 3 different doors open, in violation of security rules, unknowingly allowing her killer access.

The bill which became a Federal law, was based on the fact that 38 different violent offenses occurred at Lehigh U that the student body was never made aware of prior to Clery’s murder. Had they been, it is almost certain not only would the automatic locking doors have been inaccessible, but parents and students combined would have demanded security upgrades to prevent such a heinous event.

Following the email that went to 23,000 students at 11:01 PM September 28, Allen Groves, Dean of Students, and Lt. Melissa Fielding of the University Police Department, held an impromptu press conference Wednesday, as a follow up to the email alert with some additional background information.

UVA STUDENT ATTACKS SEPTEMBER 2010 PART 1

UVA STUDENT ATTACKS SEPTEMBER 2010 PART 2

Time line Breakdown

9–17 1:15am UVA student attacked from behind, raped and beaten on Delta Zeta House, Chancellor Street.

9-17 Noon- Email Equivalent to “Whisper Down the Rotunda” Begins:

Received a third party email, NOT from the victim, indicating a stranger attack had occurred to a sister, as previously reported at blinkoncrime.com, at DZ House on Chancellor St.  We forwarded that on to our endless list of associate deans. They called the Sorority president for more  information so that we might begin “acting upon it”.

9–18 Additional Sexual Assault Occurs At Fraternity on Madison Lane 3AM

*Unreported To Students To Date*

9–18 A Robbery Occurs During the Course of Above, Same Frat 3AM

*Unreported To Students To Date*

9–19 A Breaking And Entering Occurs, Undisclosed Sorority House, Chancellor St

*Unreported To Students To Date*

9-20 Associate Dean reaches out directly to the victim to ..”get the details of the attack and also to assist the student. No contact made with victim.

9–20 Associate Deans Office receives call from a female student’s Mother that her daughter was nearly sexually assaulted in a pantry at a Fraternity party at approximately midnight, September 18. Add additionally, Groves speaks to a man claiming to be assaulted due to his sexual preference, which would be considered a hate crime, also reportable under the Clery Act. According to Groves and Fielding no police report has been filed. (Editors Note: If this took place at the same “undisclosed frat” as the 3am forcible fondling and robbery incidents– Is this the same perp? So he never fled the scene? So, we have 2 incidents that have Charlottesville PD police reports, one of a sex crime in nature, and an additional attempted sex crime reported directly to administration on 9/20 within a three hour span, at either the same fraternity, or a neighboring one, and it takes 8 days to notify anyone, and they still have not interviewed anyone at the “undisclosed” frat regarding the incidents?

9-21 Internal Meeting about the 9/17 forcible rape but to UVA, they are  “unclear” sex assault occurs, still no contact with, or direct information with the victim. ( Editors Note: Groves says Charlottesville PD has still not classified the incident as a sex assault. (Editors Note: This is ludicrous and utter bs. The report specifically states “forcible rape”.  I can tell you as an absolute fact, that members of the sorority AS WELL AS the other sororities on Chancellor sent emails back and forth to alert each other which specifically included details of the assault).

9-21 Associate Dean contacts Cville PD. Was told .. Yes, investigating the incident, but would not be in a position to disclose whether there had been an assault or sexual assault  also, at that point. We then conferred with the university police to see if there was anything they could tell us so that we could determine whether or not a sex assault occurred in that setting.

9-23 Sorority Meeting held, without the victim, to discuss outreach opportunities.

9-27 First time Associate dean heard directly from the victim in response to the outreach efforts, first time she was in a position to come forward (out of hospital). Victim had to cancel and has rescheduled.

9-28 “.. Certainly by last evening… after conferring with Lt. Fielding and others I felt we had enough information.. Even though to my knowledge Charlottesville Police have not classified this as a sexual assault..”  but we believe we had enough, even though it was not our investigation, it was Charlottesville Police responsibility to alert..” (Editors Note: Not a syllable about the email I sent to Ms. Wood, who was unaware of the incident, and very responsive to me. The alert went out at 11:01 PM, 45 minutes after our article regarding same, was published. In this editors opinion, there were no plans whatsoever to alert students until I requested a comment, specifying it was to be included in the piece we were finishing regarding the fact that the rape had not yet been disclosed as an alert, as required by the Clery Act.  This was done to balance what was certain to be seen as a scandalous announcement in the wake of Morgan Harrington and Yeardley Love murders, and days after the University’s “Day of Dialogue.”  I felt they should certainly be offered an opportunity to address the issue from their perspective, the email was their response to that invitation).

Clearly A Clery Violation… Again

The Articles for reporting within the Clery Act are unambiguous. While I understand the need to alert students and parents with credible and useful information, this is not for UVA officials to decide unilaterally. In fact, it is not for them to ever need to “corroborate” or interview a victim regarding the details of any crime committed against them as identified in the Clery Act for UVA to observe the requirements of them under the Federal law.

In short, they have their own police. They have their “online form”. They have Charlottesville PD police report direct feed.

In 2004, The Board of Education found that UVA violated the Clery Act by requiring a rape victim to sign a confidentiality agreement, but gave them a pass by not imposing sanctions because there was some confusion as to the reporting rules and protocol. UVA was informed they will be assessed a $27,500 sanction fee for any future violations.

As I am certain many of you are over my bloviations about the subject, and in the interest of disclosure, I have personal ties to Lehigh University.

Also in the interest of disclosure, I am embarrassed to say that I was not aware that Ms. Clery’s murder occurred there until researching the Clery Act.

Some Posts from members of your local community for consumption, I will be updating poignant comments.

Blinkoncrime.com Poster Starbucks:

Regarding the “off grounds” issue, I’m sorry but I find University’s excuses in this area ludicrous and totally disingenuous.

The Clery Act, passed in 1990, unambiguously provides that its reporting requirements are not limited to crimes occurring on campus/”Grounds.” The University has had twenty years to figure out how to comply with this law, and yet its officials act as dumbfounded as ever. One would think that UVA is the only school in the nation with a significant portion of its student body living off campus/Grounds, but in close proximity to the University. Of course, this situation is commonplace.

If UVA is having such a difficult time dealing with the “off grounds” issue, I suggest that President Sullivan get in contact with the appropriate officials at her previous institutions. Sullivan spent most of her career at the University of Texas where 80% of its undergraduate student body lives off campus, as opposed to 57% at UVA. She then spent about four years at the University of Michigan where 37% of its undergraduates live off campus. There is no need to reinvent the wheel here; if UVA officials can’t figure out how to report crimes occurring near its campus, they should go study how other universities are dealing with this perplexing problem.

The implication that there is no communication between the Charlottesville Police and the UVA police/campus officials simply stretches the bounds of credulity.

UVA is required by the Clery Act to provide:

(C) A statement of current policies concerning campus law enforcement, including—

(ii) the working relationship of campus security personnel with State and local law enforcement agencies, including whether the institution has agreements with such agencies, such as written memoranda of understanding, for the investigation of alleged criminal offenses; and

(iii) policies which encourage accurate and prompt reporting of all crimes to the campus police and the appropriate law enforcement agencies.

I can’t seem to find UVA’s policies in this area. I challenge the University to prominently publish all of the required Clery Act policy statements on its website.

UVA is on notice:

“This determination finds that the University violated the Clery Act. However, as was noted in our July 2004 Final Determination in another case, there was apparent confusion in the higher education community regarding the intersection of the disclosure requirement under the Clery Act and the strictures of FERPA. For this reason, the Department will not impose any fines or other sanctions at this time. However, UVA is advised that any subsequent violations of the Clery Act will result in a referral for the imposition of a civil penalty up to $27,500 per infraction.”

http://federalstudentaid.ed.gov/datacenter/cleryact/uva/UVAProgramReviewReport11032008.pdf

So please UVA, stop the excuses and clean up your act now.

Respectfully submitted via BlinkOnCrime

Madeline Tanner, Elizabeth Morton, contributing editors

Fight Back; Dealing With Sexual Harassment On College Campuses…

August 16, 2010 Comments off

Fight Back; Dealing With Sexual Harassment On College Campuses…

Every 21 hours a college female is raped. Fifteen percent of all college women are sexually victimized during their time at school (U.S. Department of Justice study). Seven out of every ten college women will experience some form of sexual harassment (Planned Parenthood study) before graduation, but relatively few will report the incident. Unfortunately, in today’s world, learning about how to stay safe is just as, if not more, important than learning about history and math. Here are some steps you can take to avoid becoming just another statistic.

Get the Facts

The U.S. government defines “sexual harassment” as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.” Deliberately loosely written, this definition includes anything from inappropriate comments to unwelcome touching to sexual assault. Sexual harassment can occur on any campus at any time and can happen to any person regardless of gender, race, sexual orientation, or social/economic background. Harassment can take the form of verbal, nonverbal, or physical confrontation. The act is about power rather than sexual gratification, and those who allow sexual harassment to continue have their right to live in a positive, comfortable environment taken away.

Speak Out

Ignoring the situation only gives the harasser permission to continue. If you feel like someone is going beyond your comfort zone, tell him or her in a direct, assertive way. Specify exactly what makes you feel uncomfortable, and state that if the behavior continues, action will be sought. Documenting this statement in either letter or e-mail form (complete with dates and times) will provide proof that the conduct in question was recognized and that you asked for it to stop. Telling friends and colleagues will alert those around you, and telling professors and campus security will help prevent the action in the future. Should harassment become more severe, alert campus authorities, file an official complaint, file charges and seek help through your school’s crisis prevention center.  File a report with the city/town police department as well.

Speaking up against sexual harassment is the only effective way to protect yourself and your community from potential danger.

Take care and STAY SAFE!

Could Yeardley Love and Other Victims Have Been Saved?…

July 13, 2010 Comments off

Could Yeardley Love  and Other Victims Have Been Saved?…

Since the brutal murder of UVA lacrosse player, Yeardley Love, the media, Advocates and Experts have been questioning, “Could Yeardley Love have been saved?”  Many of us wonder and ask why George Huguely hadn’t been stopped before.  He was witnessed strangling Love at a party, attacked a fellow teammate while they slept for supposedly kissing Love.  Why didn’t anyone (friends, family members, team mates, coaches, Professors, team doctors and assistants) intervene?

In my expert opinion ABSOLUTELY!

The alleged mount of evidence from previous abuse by Hugely would not have given Yeardley Love an Order of Protection since VA doesn’t offer this to individuals in dating relationships where violence is present; but there seems to have been mountains of altercations, abuse and assaults to put him  in prison long before he took Love’s life.

If only someone would have assisted Yeardley, extended a hand to her in Advocacy.  Yeardley was let down by everyone in my opinion across the board.  This is why I am working so damn hard to bring much needed education and awareness to our young people (specifically females) and referring males to other resources.

Once abuse in any form starts….it DOES NOT STOP/END, it only escalates.  Students, parents, university administration, professors, coaches, etc. MUST be educated as well.  They must be proactive, learn how to recognize abuse and step up to the plate in advocacy to assist and help a victim of abuse.

Time is of the essence and if we don’t start by educating our young people more and more will be dying at the hands of their assailants.

Maureen Dowd published an interesting article in the New York Times discussing how youth at Landon Private School  (Hugely attended Landon) as young as 14 are exhibiting similar behavior and what is/isn’t being done about it.

It was set up like a fantasy football league draft. The height, weight and performance statistics of the draftees were offered to decide who would make the cut and who would emerge as the No. 1 pick.

But the players in this predatory game were not famous N.F.L. stars. They were unwitting girls about to start high school.

A group of soon-to-be freshmen boys at Landon, an elite private grade school and high school for boys in the wealthy Washington suburb of Montgomery County, Md., was drafting local girls.

One team was called “The Southside Slampigs,” and one boy dubbed his team with crude street slang for drug-addicted prostitutes.

The young woman who was the “top pick” was described by one of the boys in a team profile he put up online as “sweet, outgoing, friendly, willing to get down and dirty and [expletive] party. Coming in at 90 pounds, 5’2 and a bra size 34d.” She would be a special asset to the team, he noted, because her mother “is quite the cougar herself.”

Before they got caught last summer, the boys had planned an “opening day party,” complete with T-shirts, where the mission was to invite the drafted girls and, unbeknownst to them, score points by trying to rack up as many sexual encounters with the young women as possible.

“They evidently got points for first, second and third base,” said one outraged father of a drafted girl. “They were going to have parties and tally up the points, and money was going to be exchanged at the end of the season.” He said that the boys would also have earned points for “schmoozing with the parents.”

His daughter, he said, “was very upset about it. She thought these guys were her friends. This is the way we teach boys to treat women, young ladies? You have enough to worry about as a 14- or 15-year-old girl without having to worry about guys who are doing it as sport.”

Another parent was equally appalled: “I think the girls felt like they were getting targeted, that this was some big game. Talk about using people. It doesn’t get much worse than that.”

Landon is where the sons of many prominent members of the community are sent to learn “the code of character,” where “a Landon man” is part of a “true Brotherhood” and is known for his good word, respect and honesty. The school’s Web site boasts about the Landon Civility Code; boys are expected to “work together to eliminate all forms of disrespect” and “respect one another and our surroundings in our decorum, appearance, and interactions.”

The Washington suburban community of private school parents has also been reeling this spring from the tragedy involving former Landon student George Huguely V, a scion of the family that owned the lumber business that helped build the nation’s capital.

Huguely, who was a University of Virginia lacrosse player, was charged in the brutal death of his sometime girlfriend, Yeardley Love, a lacrosse player on the university’s women’s team who also hailed from Maryland.

The lovely young woman’s door was kicked in and her head was smashed over and over into the wall.

The awful crime, chronicled on the cover of People with the headline “Could She Have Been Saved?,” raised haunting questions about why Huguely had not already been reported to authorities, even though other lacrosse players had seen him choke Love at a party and his circle knew that the athlete had attacked a sleeping teammate whom he suspected had kissed Love. Huguely had also been so out-of-control drunk, angry and racially abusive with a policewoman in 2008 that she had to Taser him.

In The Washington Post, the sports columnist Sally Jenkins wrote about the swagger of young male athletes and the culture of silence that protects their thuggish locker-room behavior.

“His teammates and friends, the ones who watched him smash up windows and bottles and heard him rant about Love,” she wrote. “Why didn’t they turn him in? … Why did they not treat Yeardley Love as their teammate, too?”

Some of the parents of girls drafted for the Landon sex teams think that the punishment for those culpable should have been greater, and the notification to parents should have been more thorough. Was the macho culture of silence in play?

Jean Erstling, Landon’s director of communications, said she was “aware of the incident” but that “student records including disciplinary infractions are confidential.”

She said that “Landon has an extensive ethics and character education program which includes as its key tenets respect and honesty. Civility toward women is definitely part of that education program.”

Time for a curriculum overhaul. Young men everywhere must be taught, beyond platitudes, that young women are not prey.

I couldn’t agree more with Maureen all school curriculum needs MAJOR overhaul as well as educating our parents and our girls what they should additionally be asking universities and colleges of interest regarding crime stats, reporting policy and procedures.  There is much more to choosing higher education than just “why should I major in” or the look of the dorm and campus. And, they MUST DO THEIR OWN RESEARCH.  Do not just take a representative’s word for it.  Inquire at the city/town/county law departments; google schools, Security On Campus, Inc.; know and become familiar with The Clery Act Compliance.

DO NOT BECOME A STATISTIC!