Campus Safety

In response to the Virginia Tech tragedy, the Secretary of Education determined that administrators need greater flexibility in responding to threatening circumstances. Therefore, in situations involving an imminent risk to health or safety, colleges may share information with the appropriate parties (including parents) without the student’s prior written consent.

Under the USA Patriot Act, the U.S. Attorney General may apply for an order to collect education records from colleges without the consent or knowledge of students or parents. This is relevant in cases of suspected acts of domestic or international terrorism. The U.S. Department of Education recommends that agencies and colleges consult with legal counsel before notifying a parent or student or recording a disclosure of education records made in compliance with a court order under the USA Patriot Act.

The Campus Sex Crimes Prevention Act contains registration and notice requirements designed specifically for colleges. States collect information about a registered offender’s enrollment or employment at a college, along with any change in that status at the college, and make this information available promptly to the campus police department or other appropriate law enforcement agency. The college is allowed to release sex offender information from the state without the consent of the offender. Furthermore, the college must inform the entire campus community where it can obtain information about registered sex offenders.

The Wetterling Act (“Crimes Against Children and Sexually Violent Offender Registration Act”) requires states to release relevant information about persons required to register as sex offenders. FERPA allows colleges to make available to the school community any information provided to it under the Wetterling Act. To protect the public, the college is also permitted to reveal information such as the school or campus at which the student is enrolled.

Officials of a college law enforcement unit should maintain education records separately from law enforcement unit records, because unit records (e.g. investigative reports, etc.) are excluded from the definition of education records and are not subject to FERPA privacy requirements. Colleges may disclose information from law enforcement unit records to anyone, including local police and other outside law enforcement authorities, without student consent.

Helpful Links

  • The Jessica Lunsford Act for North Carolina
  • Jacob Wetterling Crimes Against Children And Sexually Violent Offender Registration Act
  • The North Carolina Sex Offender and Public Protection Registration Program
  • The Handbook for Campus Crime Reporting (U.S. Dept. of Education, Office of Postsecondary Education)
  • Family Policy Compliance Office Guidelines: Disclosure of Education Records Concerning Registered Sex Offender
  • Victims of Trafficking and V iolence Protection Act of 2000 (see page 75, “Campus Sex Crimes Prevention Act”)
  • USA Patriot Act (See Section 507, “Disclosure of Educational Records”)