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New findings and changes as a result of Clery investigation

February 13, 2020 by Olivia McKelvey 1 Comment

In light of the recent reporting on Clery Act violations at Florida Tech, updates have been made campuswide, and requests regarding local law enforcement records have been received. 

Records requests

Records obtained from Brevard County Sheriff’s Office show that Florida Tech has not requested Clery crime statistics from this law agency since at least September 2018. 

The Clery Act requires federally funded campuses to gather information from local law enforcement when compiling data for the annual security report.

According to Florida Tech’s 2019 Annual Security and Fire Safety reports, the university works “directly with various departments at Florida Tech as well as the Melbourne and Palm Bay Police Departments and the Brevard County Sheriff’s Office to collect all of this information.”

BCSO stated that their information requests only include one fiscal year; hence, records could not be obtained to see if Florida Tech made requests for Clery crime statistics to BCSO in 2016 and 2017.

“Moving forward, all of the local agencies, county agencies, state agencies and federal agencies that might have any jurisdiction or fall within any of our Clery geography will be contacted appropriately,” said Frank Iannone, director of security at Florida Tech. 

External consultant

Another update regarding the on-going Clery Act investigation is the selection of an external consultant. According to Patrick Healy, general counsel at Florida Tech, the law firm Husch Blackwell has been appointed as the external consultant. It is expected that their review will be completed within no more than 90 days, according to Michael Grieves, Florida Tech’s executive director.

President T. Dwayne McCay told The Crimson in December that the purpose for the external consultant will be to provide expertise and clarity. 

Husch Blackwell will also be responsible for re-examining the internal review of crime statistics conducted by Iannone. McCay emphasized that the external consultant will also add external validity to the process.

Title IX
Fanak Baarmand was announced as the new title IX coordinator on Jan. 13. 

Baarmand was appointed when the previous Title IX coordinator, Linda Jancheson, was removed from the position.

“The Crimson Clery articles raised our awareness of the fact that the university may not have demonstrated the appropriate empathy for some of the students who sought assistance with Title IX issues,” Healy said.

Healy, whom Baarmand reports to, said that someone in the position of Title IX coordinator should be capable of managing conflict and have a working knowledge of Title IX as well as some familiarity with Clery, the Violence Against Women Act and other areas of discrimination law.

“I am confident that Fanak has the requisite knowledge and demeanor to be an excellent Title IX coordinator,” Healy said. 

According to Healy, over the past 30 days, Baarmand has completed the online Title IX coordinator training course offered through the National Association of College and University Attorneys. He said she has also completed the Title IX coordinator and administrator level one training and certification course offered through the Association of Title IX Administrators.

“We anticipate that in the coming months, Florida Tech’s Title IX training and procedures will be significantly strengthened under Fanak’s leadership,” Healy said. 

Since starting her position as Title IX coordinator, Baarmand has aided at least one student who said she was sexually assaulted in 2017.

The sexual assault victim stated that she had a class with her assailant this semester and “was panicked” when she saw him on the first day of classes.

“I went to my professor and asked what to do, and they told me to go to the Title IX coordinator,” she said.

Shortly after going to Baarmand, her assailant was removed from the class, and a no-contact order was put into place.

“She was super helpful and made sure I got what I needed,” the sexual assault victim said. 

Crime logs

Another change that has been implemented since the Clery investigation is the process of obtaining crime logs from the department of security. 

Previously, crime logs were sent daily to The Crimson via email and were accessible if requested. As of January, Security has implemented a new process that requires students to come into the security office to view the crime logs. Authorized security staff supervises the viewings of the crime logs. Students are also not allowed to take videos or pictures of the logs, although they may take notes.

Grieves said that he was the one responsible for the change in the crime log policy.

“Could I basically say to you that in the past, we had 60-day crime logs that were up-to-date and viewable? I can’t say that,” Grieves said.

Grieves added that he can now confidently say that with the new policy that Iannone has implemented, crime logs are up-to-date and available for inspection to comply with the Clery Act. 

Filed Under: Local Tagged With: BCSO, clery, crime logs, external consultant, Grieves, Healy, Husch Blackwell, iannone, records, sexual assault, title IX

Sexual assault victims identify issues beyond reporting errors

February 10, 2020 by Olivia McKelvey 10 Comments

By: Olivia McKelvey and Emily Walker

Five female undergraduate students said they were sexually assaulted between 2017 and 2018 and all reported their sexual assaults through various departments at Florida Tech. While their statistics have now been corrected in the 2019 Annual Security and Fire Safety reports, they expressed concerns relating to the process of reporting sexual assault on campus and how survivors are treated.

“To think that all three of us are standing here with the commonality that we were all raped,” one Florida Tech rape survivor said. Photo//Quang Dinh

“I feel better now that my rape is a recognized statistic,” said Nicole Farnsworth, a former Florida Tech student who reported her rape in 2018.

Farnsworth said that as a rape survivor, she felt Florida Tech did not provide her the adequate resources in areas such as counseling and Title IX services.

Other survivors also cited issues within Security, the Student Life Office and Greek Life. 

CAPS
Four out of the five rape survivors sought help at Florida Tech’s Counseling and Psychological Services. The four survivors all said they felt as though CAPS was not properly trained to help victims of sexual assault. 

Dr. Robyn Tapley, director of CAPS, noted that there are three licensed psychologists on staff and five students in doctoral practices that also see patients. 

When these victims of sexual assault sought help at CAPS, they said they felt as though the discussions they had with their counselors—who are confidential reporters and not mandated to report rape unless there are signs of child or elder abuse—were irrelevant and not helpful.

“We ended up talking about my family,” said one rape survivor. “I just wanted to understand what was happening,” she said.

Farnsworth said that she experienced something similar.

“After a few sessions at CAPS, it just got so repetitive and redundant to the point where I felt like it wasn’t helping,” Farnsworth said. 

Tapley explained that victims of sexual assault are treated the same as other patients in terms of gathering information. 

“That first appointment is helpful for establishing goals and providing coping mechanisms on a very individualized patient-by-patient basis,” Tapley said. 

Another issue that the survivors spoke of referred to a generalized treatment plan of “blanket coping mechanisms.”  

“It should not be one shoe fits all,” said one rape survivor.

Another survivor of rape stated that she went to CAPS multiple times, but later stopped going. 

“I don’t put blame on the therapist, I just think there are things at CAPS that can and should be improved,” she said. 

Security

One student who said she was raped in 2017 initially reported to Title IX in 2018 and had a disciplinary hearing seven months later. 

When she reported her rape to two security officers, she said she was asked questions about what she was wearing and if she was drinking alcohol the night that her rape occurred.

“Especially during my hearing, the fact that I was drinking was constantly brought up,” she said. “It was degrading to my character to hear that over and over again.”

“The process of reporting my rape was nearly as bad as the rape itself,” said one Florida Tech rape survivor. Photo// Quang Dinh

Erin Robinson, the press secretary for RAINN—the Rape, Abuse and Incest National Network—explained that depending on how the victim interprets them, questions regarding what the victim was wearing and whether or not they were under the influence of alcohol or drugs is potentially re-traumatizing.

“That type of language does not suggest that the survivor will have a greater level of comfort talking about what happened to them, or make the reporting process any easier,” Robinson said. 

Frank Iannone, director of security at Florida Tech, said it is not typical for these questions to be asked during an investigation of a rape.

“To my knowledge, no security officers have asked those types of questions,” Iannone said. 

Iannone has been director of security at Florida Tech since the spring of 2019. He was not working at the university during the time in which all reported rapes mentioned by the above students took place.

Title IX

Two women who reported their rapes in 2017 stated that they had positive interactions with the Title IX coordinator at the time, Joni Oglesby.

“She made me feel comfortable and made me aware of all my options,” said one rape survivor.

Oglesby left the university in 2018, and Linda Jancheson took her place that February. As of January 2020, Jancheson has been removed from the position of Title IX coordinator. 

“I won’t believe for a second that Linda Jancheson received proper training,” said one student who reported being raped in her dorm in 2018. “I was handed some generic papers and told to be on my way.”

In August of 2019, Jancheson told The Crimson that she specifically had a Title IX certificate, but was unsure if it was mandatory, deeming it “helpful.”

“The most important thing is that I’m up-to-date on any federal regulations or laws in compliance with Title IX,” Jancheson said.

Another rape survivor said she had a positive experience with Jancheson.

“She even helped me avoid running into my rapist by giving me security clearance to the back door of the building I had classes in and where my rapist also worked as a student employee,” she said.

In the time since Jancheson was removed from the position of Title IX coordinator, she has not commented despite multiple efforts made by The Crimson.

Office of Student Life

One student who said she was sexually assaulted in 2017 went to Cat Nanney, director of student involvement, and Dean of Students Rodney Bowers for help. 

“The guy that sexually assaulted me was a brother from PIKE [Pi Kappa Alpha],” she said.

She added that she went to Nanney and Bowers to see if there was anything they could do, whether it be kicking him out of the fraternity or providing other consequences. 

“Both of them told me there was nothing they could do,” she said. “I was told that they have no control over chapter membership and that was it.”

According to Nanney, if a student comes to her with a report of sexual assault in Greek Life, it is dealt with on a student basis, not a fraternity basis. 

“I can’t hold the entire chapter accountable for one particular member,” Nanney said. 

Nanney also added that in the past she has gone directly to the fraternity national headquarters to notify them of the particular sexual assault report. 

Bowers also stated that he cannot remove members from Greek Life. As a mandated reporter, he must report cases of sexual assault to campus security and let them carry out their investigation. 

“Temporary measures” are an option that Bowers also mentioned. Referred to as interim measures in Florida Tech’s Title IX policy, such actions include access to counseling or mental health services, an order of no contact, residence hall relocation, adjustment of course schedules or work-study employment, a leave of absence, transportation arrangements or reassignment to a different supervisor or position.

Bowers said he “could not recall” if any “temporary measures” had been taken in the past three years.

Nanney said that she has not had to take any “temporary measures” within the past three years because those types of sexual assault reports have been passed onto the fraternity’s national organization for further review.

The student who said she was sexually assaulted by a member of Pi Kappa Alpha later was black-listed from the fraternity house and was told it was because she “was a liability.”

Two of the five students who have come forward said they were sexually assaulted by two different members of Florida Tech’s Pi Kappa Alpha chapter in 2017. 

President of Florida Tech’s Pi Kappa Alpha chapter, Robbie Fraser-Caris, sent The Crimson the following statement:

“If any allegations of sexual misconduct arise, the chapter leadership places the accused member on administrative suspension pending the outcome of an investigation by the university or related authorities. The chapter supports any person who may have experienced sexual misconduct in reporting it to the appropriate authorities and/or to seek counseling and other forms of support services provided by the university and local organizations. For Zeta Sigma Chapter, the care, safety and well-being of our members and guests remain our top priority.”

Fraser-Caris also emphasized that all members of Florida Tech’s Pi Kappa Alpha chapter have completed sexual assault prevention and intervention training and stated that “treating all persons with dignity and respect is critical” to the chapter. 

Response from President McCay

Changes have been made at Florida Tech in light of the university under-reporting certain crimes such as sexual assault from 2016 through 2018. Women’s self-defense classes on campus have begun, student athletes have recently received their annual Title IX training and programs such as writing love letters to rape survivors have been organized by Florida’s Tech student life office.

In the faculty senate meeting held on Jan. 14, President T. Dwayne McCay discussed the Clery Act. 

The faculty senate meeting minutes read: “McCay explained that there are lots of nuances when it comes to reporting.” He also said that there were six rapes within three years. He then “reiterated that all six cases involved alcohol, and all were between people that knew each other.” 

In a phone call to The Crimson, McCay said he felt it was necessary at the senate meeting to discuss the risk of drinking.

“When you drink too heavily and become inebriated, it can lead to problems,” McCay said.

According to a 2007 campus sexual assault study published by the U.S. Department of Justice, alcohol consumption by the victim is a major risk factor for sexual assault.

“One’s decision to drink or not to drink does not give someone the right to rape,” Farnsworth said. 

“My sexual assault continues to be minimized,” Farnsworth said. Photo//Quang Dinh

According to statistics published in the 2017 National Crime Victimization Survey conducted by the Department of Justice, eight out of 10 rapes are committed by someone known to the victim. 

“You know rape to be violent and aggressive from what we were taught or what was shown on TV, when in reality that is not always the case,” one Florida Tech rape survivor said.

“I wanted to dismiss any fears that some may think we have rapists running around on campus,” McCay told The Crimson. 

He said he wanted to emphasize in the faculty senate meeting that Florida Tech is a safe campus and students’ safety is a top priority to him.

With the topic of sexual assault being dicussed at the faculty senate meeting and on the agenda for the upcoming town hall, McCay spoke of the nature of rape itself.

“Rape is horrifying, but murder is worse,” he said over the phone.

McCay then emphasized that this situation is being addressed and necessary measures are being taken to ensure campus safety. 

Filed Under: Local Tagged With: Bowers, CAPS, dean, greek life, iannone, mccay, Nanney, office of student life, Pi Kappa Alpha, PIKE, rape, security, sexual assault, survivior, victims

Florida Tech at risk for nearly $9.8 million fine for under-reporting and over-reporting crimes

January 18, 2020 by theCrimson 3 Comments

By Olivia McKelvey, Kevin Boodoosingh and Emily Walker 

McCay released a statement to the Florida Tech community on Jan. 13 announcing that a review of the 2019 Annual Security Fire and Safety Reports found 53 cases of under-reporting and 115 cases of over-reporting. In total, there were 168 cases found that were misrepresented in the report. This could lead to a fine of roughly $9.8 million dollars.

Clery law states that each instance of misrepresented data—whether that be under-reporting or over-reporting—may result in a fine of $58,328 to the university by the U.S. Department of Education. Florida Tech is a federally funded university, making it covered by Clery law and requiring it to release an annual report each year with campus crime statistics.

The previous fine was $57,317 per incident; on Jan. 14, the Department of Education released a notice that the fine has increased to $58,328 due to inflation.

According to S. Daniel Carter, the president of Safety Advisors for Education Campuses, LLC, who worked with the Department of Education as a key individual in writing federal regulations for the Clery Act, an incident of over-reporting is a misrepresentation of data and can result in the same $58,328 fine as an incident of under-reporting. He went on to say that fines are easier to avoid in cases of over-reporting than with cases of under-reporting.

“It is unlikely that the Education Department would impose the maximum fine,” Carter stated in an email. “While under-reporting is generally viewed as more serious, as a technical matter an error, over or under, constitutes exactly the same violation.”

According to McCay’s statement, eight of the underreported cases were reports of rape. McCay stated in his email that “it is important to note that the incidents of reported rape themselves were each taken very seriously and treated appropriately.”

All 115 cases of over-reporting were in the category of liquor law violations.

In addition to the misrepresented data, McCay announced that two employees have departed from the university since the review; one was fired and the other has resigned.

The university did not provide the names of the employees who were fired and resigned. In an email, Wes Sumner, the vice president of marketing and communications, stated, “Florida Tech declines to discuss the details of individual personnel actions.”

Linda Jancheson was removed from the position of Title IX coordinator, which she held since February of 2018, but still holds the position of employee relations manager in Human Resources.

The Title IX coordinator position has been filled by Fanak Baarmand. Baarmand is also the risk and compliance manager.

Linda’s reassignment was announced in an email sent to the campus community from Patrick Healy, Florida Tech’s general council.

“All incidents or complaints concerning Title IX policy violations should be referred to [Baarmand],” Healy stated in an email.

McCay and Frank Iannone, the director of security, stated that they plan to request to reopen Florida Tech’s crime statistics on the Department of Education’s website. They will re-enter the corrected data and include a disclaimer explaining why corrections were made.

A new 2019 Annual Security Fire and Safety Reports was posted to Florida Tech’s website in conjunction with McCay’s statement.

In an email to The Crimson, Sumner stated, “The updated crime statistics now posted to the Florida Tech website accurately reflect the results of the university’s internal review of reported incidents and are in keeping with the university’s assessment of Clery Act classification guidelines.”

Florida Tech will partner with an outside consultant in the coming months to further review the crime statistics and “gain additional input regarding process improvement,” McCay stated.

“The result of that outside review will be shared when complete,” Sumner stated.

If you have made a report to Security, Title IX or local law enforcement and feel it has not been handled correctly, visit endrapeoncampus.org/the-clery-act to file a complaint.

As a student-run newspaper, your voices are extremely important to us.

If you feel you have experienced something similar as described in this piece and would like to speak with us, please contact us at crimson@fit.edu.

National Sexual Assault Hotline 1-800-656-4673

Women’s Center Counseling 321-242-1526

National Domestic Violence Hotline 1-800-799-7233

Filed Under: Local Tagged With: clery, clery act, Clery violation, department of education, doe, florida tech clery violation, frank ianonne, linda jancheson, mccay, president mccay, rape, security, sexual assault, title IX, wes sumner

Florida Tech at risk of being fined millions of dollars for under-reporting crimes

January 13, 2020 by Olivia McKelvey 13 Comments

By Olivia McKelvey, Emily Walker and Kevin Boodoosingh

This story was written as a collaboration between FLORIDA TODAY and The Crimson. FLORIDA TODAY investigative reporter, Alessandro Marazzi Sassoon, worked alongside Crimson reporters: Emily Walker, outgoing editor-in-chief of The Crimson and 2019 graduate, Olivia McKelvey, incoming editor-in-chief of The Crimson (class of 2020) and Kevin Boodoosingh, managing editor of The Crimson (class of 2020). They collaborated to make records requests, consult experts and interview students who had reported crimes.

In collaboration with FLORIDA TODAY, the daily newspaper serving Brevard County, reporters uncovered at least 41 reported crimes that were not included within Florida Tech’s 2019 Annual Security and Fire Safety Reports, an error that could cost the university millions of dollars.

The Department of Education is able to fine universities $57,317 per incident of under-reporting, and with at least 41 incidents of under-reporting at Florida Tech—and the potential for there to be more—the university could be fined roughly $2.3 million depending on whether or not the Department of Education conducts an investigation and determines an outcome. 

Data Analysis

An investigation conducted by FLORIDA TODAY working alongside Crimson reporters led to the discovery of additional under-reporting of crimes other than just rape and hate crimes. Reporters cross referenced reports of crime from Melbourne police records, Palm Bay police records and Florida Tech’s campus security crime logs from 2016 through 2018 and compared them to what statistics were published in the 2019 Annual Security and Fire Safety Reports.

***Editor’s Note: FLORIDA TODAY and The Crimson incorrectly reported that the Brevard County Sheriff’s Office had not responded to a record request from a Florida Tech Crimson reporter. The initial records request was sent Dec. 5 with follow up emails and telephone calls on Dec. 7, Dec. 12, Dec. 17 and Jan. 9. The BCSO response to the initial request went to the reporter’s SPAM folder on Dec. 26 and was missed until this week. The response showed that BCSO received no Clery Act requests from Florida Tech in 2019. FLORIDA TODAY and The Crimson regrets the mistake.

 Data revealed that there were at least 41 cases of reported crimes not included in the 2019 Annual Security and Fire Safety Reports in multiple categories, including rape, stalking, dating violence, aggravated assault, arson, robbery, burglaries and motor vehicle theft. Since data could not be obtained from the Brevard County Sheriff’s Office, the number of underreported crimes could be higher. 

There were zero reports of incidents falling under the categories counted as hate crimes, despite at least one incident of vandalism that was investigated by Melbourne police as a hate crime. 

Drug and liquor law violations, as well as weapons violations, were not examined for this data analysis.

In emails sent by Florida Tech security officers to local law enforcement agencies such as Melbourne Police Department and Palm Bay Police Department, reports of rape, sex crimes, domestic violence and stalking were not requested—all of which are categories that must be requested under Clery law. Although these categories were not requested, both law agencies provided Florida Tech with those particular statistics from 2016 through 2018. The majority of these statistics were not included within Florida Tech’s 2019 Annual Security and Fire Safety Reports. 

“The problem looks like one of a very sloppy process,” said S. Daniel Carter, the president of Safety Advisors for Educational Campuses, LLC and who worked with the Department of Education as a key player in writing federal regulations for the Clery Act.

Carter also mentioned that the under-reporting of crimes and unorganized method of obtaining data is a common theme nationwide at universities. He also said that the university could still be held liable by the Department of Education for “lack of administrative capacity.” 

Florida Tech Clery Act Violations

The Clery Act is a federal law that requires federally funded colleges and universities in the United States to publish statistics regarding reports of crime on and around campuses annually. Clery law requires that all reports of crime must be published within the annual report, regardless of whether or not charges were pressed.

Due to the fact that Florida Tech receives federal funding, it is required to publish an annual security report for both students and employees every Oct. 1. This report covers the past three years of data. The most recent report included data from 2016 through 2018. 

Florida Tech gathers data from campus security, the Brevard County Sheriff’s Office, Melbourne Police Department and Palm Bay Police Department.

Since the annual report was released, three students have come forward with reports of rape on campus that were not counted in the annual report. Additionally, another student has come forward with a report of a hate crime that was not cited within the annual report.

Each incident of a failure to include a reported crime in the annual Clery report can result in the U.S. Department of Education imposing a fine of $57,317. 

The Voices

Four students have come forward to share three reports of rape and one of vandalism. Two have chosen to remain anonymous while two have gone on record with their names. 

Those with reports of rape all shared similar feelings of invalidation when seeing that their reports of rape, all of which occured between 2016 and 2018, were not included within the 2019 Annual Security and Fire Safety Reports.

“The fact that it wasn’t reported—it’s sad,” one rape survivor said. “Like I say, it just goes to show that they only really care about the money they’re getting from us.”

In addition to issues with under-reporting within the annual report, the students brought up concerns regarding the lack of assistance they felt they were given from the then Florida Tech’s Title IX coordinator, Linda Jancheson, as well as accounts of what they described as “victim shaming” during initial investigations from campus security.

“Even if you didn’t sign off on [the report] or you didn’t know that the underreporitng was happening, you are the head of the Title IX office,” said Nicole Farnsworth, a 19-year-old forensic psychology student who reported her statutory rape to Melbourne police in 2018. “You have a job to do and you haven’t been doing that job.” 

Another student, who was raped on campus in 2017, said campus security asked her questions regarding what she was wearing. 

“I felt victim shamed,” she said. “I lost complete respect for the school.”

Evangeline Archer, a transgender aerospace engineering student, said her car was parked on campus in November 2018 when she found it spray-painted with slurs. Both campus security and Melbourne police took pictures and made reports of the incident. Melbourne police investigated the incident as a hate crime, yet it was not listed in Florida Tech’s 2019 Annual Security and Fire Safety Reports.

“I feel like [Florida Tech], they’re very supportive of the LGBT community until there’s something they have to actually do,” Archer said in an interview with FLORIDA TODAY.

University Response

Florida Tech President T. Dwayne McCay told FLORIDA TODAY that it was “difficult to justify incompetence and gross negligence.”

McCay also said that an internal investigation is currently underway.

Frank Iannone, Florida Tech’s director of security, said that he first became aware of discrepancies in the data in August of 2019 and all available crime data is being reexamined.

“I’m telling you right now, this won’t occur again,” Iannone told FLORIDA TODAY.

McCay said the university will implement changes such as retraining and employee turnover. Additionally, after the internal review is complete, an external reviewer will be contracted this year.

While McCay said that the university has no indication that anyone intentionally altered the data, he added in the FLORIDA TODAY interview, “Some people just didn’t do their job. And those people’s jobs are in jeopardy.”

Since FLORIDA TODAY’s publication on Jan. 10, an email was sent to the student body from Patrick Healy, Florida Tech’s general council, alerting them that Fanak Baarmand, Florida Tech’s risk and compliance manager, had been assigned as the new Title IX coordinator. 

Florida Tech’s online staff directory shows Jancheson is currently employee relations manager in Human Resources.

Jancheson did not respond to requests for interviews from FLORIDA TODAY and The Crimson.

Implications

Moving forward, one student whose rape went unreported in Florida Tech’s 2019 Annual Security and Fire Safety Reports said, “All I can do now is hope that the university will truly recognize how wrong this is and people will be aware.”

According to McCay and Iannone, administration plans to request to re-open Florida Tech’s crime statistics on the Department of Education website to enter the corrected data while providing a disclaimer as to why corrections were made. A new 2019 Annual Security and Fire Safety Reports will then be issued out to all students, staff and faculty. 

McCay told FLORIDA TODAY that he was “ashamed” of what has happened and went on to state, “I don’t know what to do about it, except repair it, fix it. And, and I apologize.”

If you have made a report to Security or Title IX and feel it has not been handled correctly, visit endrapeoncampus.org/the-clery-act to file a complaint.

As a student-run newspaper, your voices are extremely important to us.

If you feel you have experienced something similar as described in this piece and would like to speak with us, please contact us at crimson@fit.edu.

National Sexual Assault Hotline 1-800-656-4673

Women’s Center Counseling 321-242-1526

National Domestic Violence Hotline 1-800-799-7233

Filed Under: Local Tagged With: clery act, Clery violation, florida tech, FLORIDA TODAY, investigative reporting, president mccay, rape survivor, sexual assault

Florida Tech fails to acknowledge reports of rape required under federal law

November 24, 2019 by theCrimson 21 Comments

By: Emily Walker, Olivia McKelvey, Kevin Boodoosingh

Florida Tech failed to acknowledge multiple reports of rape within the 2019 Annual Security and Fire Safety Reports under the Clery Act.




  • The Campus Crime Statistics lists zero sex offenses have occurred in the in the past three years. If there have been cases of sexual assaults that were not included in the crime statistics, then that is a violation of the Clery Act. 

Two students have come forward with accounts of rape and how they reported their cases through Title IX and Security.

Their cases did not appear on the Annual Security and Fire Safety Reports, which is in violation of the Clery Act.

What is the Clery Act:

In 1986, Jeanne Clery, a student at Lehigh University, was raped and murdered in her residence hall.

Four years later, the Crime Awareness and Campus Security Act of 1990 was established in order to create accountability for reporting violent crimes and providing transparency on campus crime statistics.

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act—the Clery Act— is a federal law requiring United States colleges and universities to disclose information about crime on and around campuses.

Due to the fact that Florida Tech receives federal funding, it is required to publish an annual security report for both students and employees every Oct. 1.

What is included within the Clery report:

Florida Tech’s Office of Safety and Security prepares an annual report in cooperation with local law enforcement agencies such as Melbourne Police Department, Palm Bay Police Department and the Brevard County Sheriff’s Office.

Other university departments also work in collaboration with compiling crime reports and statistics such as the Title IX office.

The report is required to include data from the past three years on the following crimes:

  • Criminal homicides such as murder and non-negligent manslaughter and negligent manslaughter
  • Sex offenses such as rape, fondling, incest and statutory rape
  • Arrests and judicial referrals for liquor law violations, drug abuse violations and weapons law violations
  • The “other” category, which includes robbery, aggravated assault, burglary, motor vehicle theft and arson
  • The Violence Against Women’s Act—VAWA—is an amendment within Clery that expands the rights to campus survivors of sexual assault and includes the following crimes:
    • domestic violence
    • dating violence
    • stalking
  • Hate crimes, which include offense definitions relating to hate/bias-related crime, larceny, simple assault, intimidation and destruction/damage/vandalism of property

Clery cites that the following individuals on campus are Campus Security Authorities—also known as mandated reporters— a term created by the Clery Act that encompasses groups of individuals and organizations at Florida Tech:

  • Dean of Students
  • Director of Security
  • Security Department
  • Title IX Coordinator
  • Senior Vice President for Academic Administration
  • Chief of Staff
  • Athletics Director
  • Athletic Coaches
  • Office of Student Life
  • Director of Student Housing
  • Other Campus Security Authorities that have a “significant responsibility for student and campus activities.”

Clery geography:

Another factor Clery examines when categorizing data is geographical location of a specific crime.

Clery includes both on-campus and non-campus locations within the report.

An on-campus location is defined as any building or property owned or controlled by an institution, such as an academic building or dorm.

Non-campus geographic location can refer to any Florida Tech owned entity that is frequented by students.

The non-campus definition also includes campus leased or rented spaces for an event that was sponsored by the university or any building or property owned or controlled by a student organization that is officially recognized by the institution.

How Florida Tech violated the Clery Act:

In the 2019 Annual Security and Fire Safety Reports, all sex offenses, including rape, were cited as zero for the past three years.

According to definition in Florida Tech’s 2019 Annual Safety and Fire Report, rape is defined as “the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.”

An anonymous student has gone on record and said that her rape, which occurred in 2018 on campus, was not included in the Clery report.

“I went into the Title IX office because I wanted this put down on record,” she said. “I wanted them to know that women are being assaulted and raped on this campus.” 

The student went to the health center and Counseling and Psychological Services, neither of which are mandated reporters.

She later went to Linda Jancheson, the Title IX coordinator, who reports to, as listed in Florida Tech’s organizational chart, VP/General Counsel.

“I spent 20 minutes waiting in the Title IX office, five minutes in Jancheson’s office and I left with three extra papers that I didn’t know what the hell meant,” the student said.

The student later talked to another Campus Security Authority and discussed her options with Security.

She ultimately decided not to take action against her rapist and no charges were filed in this case. 

Despite the student not taking action, according to Frank Iannone, director of security, whether or not a victim decides to pursue charges, a report is made regardless of the outcome.

When asked how many cases of rape have been reported to Jancheson for the past three years, she said, “I do not know the exact numbers.”

When asked how many Title IX reports Jancheson handed over to Security to include within this year’s Clery report, she said, “I do not know.”

The Title IX coordinator was asked these same questions two times, in two separate interviews, and responded with “I do not know,” in each instance.

Jancheson went on to say that she was not in the Title IX coordinator position when reports were made last year in 2018, though her start date was February of 2018.

Another anonymous source was raped in 2017 on campus and reported her rape to Security in 2018.

The student went through an investigation and disciplinary hearing, which took over one year and resulted in disciplinary action for her rapist. 

This student’s rape was also not included within this year’s Clery data. 

“Sitting down with two security officers not once, but twice to relive the details of my rape in depth and on record was anything but a warm environment as a victim,” she said. 

After her initial report, the student heard nothing for five months regarding the investigation and the scheduling of the disciplinary hearing.

“It was the worst experience of my life,” she said. “The process of reporting it was nearly as bad as my actual rape.”

It is not immediately known whether or not campus security filed these two reports of rape with local law enforcement.

Both sources will remain anonymous. The Crimson does not disclose the names of sexual assault survivors.

Repercussions for violating Clery:

According to a press release from the National Association of Clery Compliance officers and professionals, as of February 2019, the new amount that the U.S. Department of Education can impose for noncompliance with the Clery Act is $57,317 per violation. 

In 2016, Penn State was fined 2.4 million dollars for having been “out of compliance” for 11 serious cases dating from 1998 to 2011.

In 2018, the University of Montana was fined $966,614 for “inaccurate and misleading crime statistics” from liquior law violations to cases of rape between 2012 and 2015. 

Two anonymous students at Florida Tech have come forward to discuss their rapes in 2017 and 2018 and how they reported it to Security.

Those cases have not been cited within this year’s Clery report. 

Iannone said that from the statistics that are provided within this year’s Clery report, he feels the numbers accurately represent the campus.

If you have made a report to Security or Title IX and feel it has not been handled correctly, visit endrapeoncampus.org/the-clery-act to file a complaint.

As a student-run newspaper, your voices are extremely important to us.

If you feel you have experienced something similar as described in this piece and would like to speak with us, please contact us at crimson@fit.edu.

National Sexual Assault Hotline -1-800-656-4673
Women’s Center Counseling 321-242-1526

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