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May 26, 2019

U.S. Department of Education Clery Act Compliance Division

TABLE OF CONTENTS

STATEMENT OF THE ISSUE: RHODES COLLEGE NONCOMPLIANCE WITH CLERY


ACT……... ………........……..…………………………………………………………………....2

I. RHODES DID NOT MAINTAIN AN ACCURATE AND COMPLETE DAILY


CRIME LOG IN 2017, 2018,
2019…………………………………………………………………………………....2
a. Crime log discrepancies and omissions of violent crimes and sexual
offenses...………………………………………………………………………….3
b. Discrepancies between Annual Safety Report and Annual Title IX report……….4

II. RHODES QUESTIONABLY CATEGORIZES CRIME


STATISTICS…………………………………………………………………..……...5
a. Improper use of Tennessee State Statutes for crime
definitions………………………………….………………………………..…….5
b. Crimes being downgraded to less serious
crimes…………………………………..………………………………………….5
c. Questionable crime categorization of battery, theft and
burglary…………………………………………………………………………....6
d. Unclear instructions on how to report hate crimes………………………………..7
e. Policy does not inform students that they can go further in the school’s reporting
or adjudication process. …………………………………………………………..7

APPENDIX

Rhodes College Annual Safety Report 2011-2012 and 2012-2013


Rhodes College Annual Safety Report 2014-2015 and 2015-2016
Rhodes College Annual Safety Report 2017-2018 and 2018-2019
Rhodes Crime Fire Log Sep 2016-Oct 2017
Rhodes Crime Fire Log Oct 2017-April 2018
Rhodes Crime Fire Log April 2018- October 2018
Rhodes College Emergency Operations Plan (Revised: Nov 1, 2018)
Email notifications for Annual Reports 2016-2018
Exhibit 1-2- Campus Safety Alert Emails and Crime Logs
Exhibit A-F – Campus Safety Alert Emails and Crime Logs
Exhibit G-K- Campus Safety Alert Emails and Crime Logs
Exhibit L Campus Safety Alert Emails & Rhodes College Title IX Annual Report 2017-2018

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I. STATEMENT OF THE ISSUE

Rhodes College has failed to comply with the requirements of the Jeanne Clery Disclosure of
Campus Security Policy and Camus Crime Statistics Act (the Clery Act). Rhodes has repeatedly
failed to maintain an accurate and complete daily crime log; failed to report accurate and
complete crime statistics to students and employees and potential students and employees in its
Annual Safety Reports; failed to provide students and employees with necessary information
about the institution’s security policies and procedures; has improperly formatted and disclosed
crime statistics, and has failed to establish an adequate system for collecting crime statistics from
all required sources & misclassification of crimes. In addition, Rhodes has not met the
requirements for crime awareness Requirements and there is a lack of adequate policy
statements. This situation, which has been years in the making, has left students and employees
confused and frustrated with the lack of transparency and actions from the College, and
ultimately feeling unsafe. 1

II. RHODES DID NOT MAINTAIN AN ACCURATE AND COMPLETE DAILY


CRIME LOG IN 2017, 2018, AND 2019

According to 20 U.S.C. § 1092 J(4)(A), “Each institution participating in any program under this
title that maintains a police or security department of any kind shall make, keep, and maintain a
daily log, written in a form that can be easily understood, recording all crimes reported to such
police or security department, including– (i) the nature, date, time, and general location of each
crime; and (ii) the disposition of the complaint, if known.”

Rhodes College Campus Safety has failed to maintain an easily understood daily crime log that
records, by the date the crime was reported, and any crime that occurred on campus, on a non-
campus building or property, on public property, or within the patrol jurisdiction of the campus
safety officers. After taking a closer look into available logs at the time-September 2016- May
2019- it is clear the log often lacks the basic requirements of including the nature, date, time and
general location of each crime and the disposition of the complaint, if known. For example, a
good portion of the logs only have “campus” listed as the location. This is most common when
the crime involves sexual misconduct.

The following list are examples of how crimes reported to the school are misreported or are not
accurately described/reported in crime logs. In addition, I have identified numerous violent

1Rhodes College students demand answers following sexual assault reports (2019)
https://www.wmcactionnews5.com/2019/02/22/rhodes-college-students-demand-answers-following-sexual-assault-reports/
Rhodes student present moments after guns were found on campus speaks out (2019)
https://www.localmemphis.com/news/local-news/rhodes-student-present-moments-after-guns-were-found-on-campus-speaks-
out/2005170715
Rhodes College sees drop in reported campus sexual assaults (2018) https://www.wmcactionnews5.com/2018/10/03/rhodes-
college-sees-drop-reported-campus-sexual-assaults/
Rhodes College reports second highest number of sexual assaults in Tenn (2016)
https://wreg.com/2016/04/13/rhodes-college-reports-second-highest-number-of-sexual-assaults-in-tenn/
Rhodes College students call for expulsion of rapists, use of texting to warn students of assaults
(2016)http://archive.commercialappeal.com/news/crime/rhodes-college-students-call-for-expulsion-of-rapists-use-of-texting-to-
warn-students-of-recent-ass--375919371.html/
Colleges Are Already Screwing Up New Campus Safety Law That Includes Domestic Violence (2014)
https://www.huffpost.com/entry/campus-safety-law_n_6004946

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crimes that went unreported in one way or another. There is also a failure to issue timely reports
of incidences of sexual battery, sexual assault, and rape to the campus. Instead, Rhodes cherry
picks a couple sex offenses a year to issue out alerts for, with no rationale.

• 5/12/15: A student found two loaded guns in a bag in a dorm hallway. The log does not
mention that the student was immediately banned from campus. Furthermore, the email
notification sent out was the day after. I believe this should have warranted an immediate
alert, especially considering the guns were loaded and the owner was unknown. [Ex. 1]
• 2/12/19: Both the Crime log and the email makes no mention that the rape occurred at the
on campus SAE fraternity house. The log omits that there were multiple male students
allegedly involved. It does not even mention that the Memphis police were involved. [Ex.
2]
• 2/3/19: Auto theft mentioned in the Campus Safety Alert email is omitted from the
daily crime log. [Ex. A]
• 1/29/19: Campus Safety Alert email states a female Rhodes student reported she was
sexually assaulted. However, the Crime log does not state ‘Sexual Assault’, but rather
‘Forcible Fondling.’ The lack of consistency only adds confusion as to what crimes are
being committed. [Ex. B]
• 1/18/19 & 1/24/19: Both armed robbery reports mentioned in the campus safety emails
are omitted from the daily crime log. [Ex. C]
• 9/12/18: Campus Safety Alert email states Rhodes students were involved in an armed
robbery at a popular Mini Mart close to campus. This crime is omitted from the daily
crime log. [Ex. D]
• 9/9/18: Campus Safety Alert email states that a female student reported she was sexually
assaulted, but does not say the Memphis police are involved. The location is unusually
vague with no explanation as to why the name of the dorm was not released. It is
noteworthy that all the other crimes reported that week have the dorm identified in the
log and the sexual assault report does not. [Ex. E]
• 9/4/18: Campus Safety Alert email states a home burglary took place across the street
from Rhodes, where many students live. This report is omitted from the daily crime
log. [Ex. F]
• 8/20/19: Campus Safety alert of reported auto theft of a Rhodes student near Rhodes is
omitted from the daily crime log. [Ex. G]
• 4/13/18: Campus safety alert email is grossly inadequate in relaying information to help
Rhodes students make informed decisions to stay safe. Although the email does report a
student reported on April 12 that she was forcibly fondled on April 7 and did not identify
the assailant, it fails to add proper context of the daily crime log which shows two reports
of forcible fondling in the same week. [The crime log also has a mistake: date of a
report made in September 2017 for something that occurred in April 2018]. Only 1
out of the 3 reports includes a specific location. [Ex. H]
• 5/9/17: Campus safety alert email describes a report of a sexual assault, in which both
parties were Rhodes students and that the Memphis police are investigating. The
reported sexual assault is omitted from the daily crime log. [Ex. I]
• 5/8/17: Campus safety alert email describes a shooting taking place next to Rhodes
College. This report is omitted from the daily crime log. [Ex. J]

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• 4/4/17: [email starts off misstating the year] Campus safety alert reports two complaints
of sexual misconduct. The first, a forcible fondling incident in a fraternity lodge. This
location is omitted from the daily crime log. The second report of a sexual assault is
completely omitted from the daily crime log. [Ex. K]

According to 20 U.S.C. § 1092(f)(1), institutions of higher education must “prepare, publish, and
distribute, through appropriate publications or mailings, to all current students and employees,
and to any applicant for enrollment or employment upon request, an annual security report” with
“statistics concerning the occurrence on campus, in or on noncampus buildings or property, and
on public property during the most recent calendar year, and during the 2 preceding calendar
years for which data are available.” The Rhodes College Annual Security & Fire Safety Report
2018-2019 reports that in 2017 there were 3 forcible rapes and 1 forcible fondling incident.
However, based off Campus Safety alert emails and the daily crime log there should be a total
of 5 incidents: [Ex.L]

o Sexual Assault: Jan 27, 2017


o Forcible Fondling: Apr 1, 2017
o Sexual Assault: Apr 1, 2017
o Sexual Assault: May 8, 2017
o Sexual Assault: Oct 1, 2017

Rhodes College has no excuse for failing to report all sexual misconduct offenses. Additionally,
The Rhodes College Title IX annual report for the Academic year August 2017- May 2018 states
that there was: 5 Non-consensual sexual penetration (rape), and 2 reports of Non-consensual
sexual contact. Non-consensual Sexual Contact is defined as the intentional touching of another
person’s intimate parts or the clothing covering the immediate area of intimate parts if
reasonably construed as for the purpose of sexual arousal or gratification and done without the
other person’s affirmative consent. Non-consensual Sexual Penetration is defined as intercourse,
oral, anal, or any other intrusion by any part of a person’s body or by any object without the
person’s affirmative consent. The daily crime log reports dispositions of the following:

o Sexual Assault: Oct 1, 2017- Title IX


o Sexual Assault- Feb 11, 2018- Title IX
o Forcible Fondling- Apr 7, 2018- Title IX
o Forcible Fondling- Apr 11, 2018- Title IX
o Forcible Fondling- March 22, 2018- Title IX

According to the Annual Title IX report, there should be 7 incidents of sexual assault and/or
forcible fondling, however, the daily crime logs only show 5.

III. RHODES QUESTIONABLY CATEGORIZES CRIME STATISTICS.

In Rhodes’ Annual Reports, their crime definitions are based off Tennessee State Statutes.
These definitions do not include all four types of sexual assault that are required to be
reported under the Clery Act. Incest, fondling and statutory rape are missing. Definitions for
Murder and Non-negligent Manslaughter and Manslaughter by Negligence are either missing or

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incorrectly defined. Rhodes does not define Violence Against Women Act crimes for the
purposes of Clery Act reporting.

In addition, the log lacks consistency in the way it reports the same exact crimes, or the
descriptions of crimes are too vague to understand what kind of crime was committed. As an
example, the crime of ‘Battery’ is not defined in any of Rhodes’ past Annual Safety Reports, and
the disposition of this crimes varies between Title IX investigations, to Community Standard
Referrals, or nothing. This indicates some crimes are being downgraded to less serious crimes.
The log does not report crimes defined in Rhodes’ Title IX policies or other handbooks, which
often leads to confusion about the exact nature of a particular crime. Unfamiliar or confusing
terms such as “observation without consent,” vague “harassment” or ‘weapon violation,’ are
used without any clarification.

Rhodes College’ most recent Annual Safety Report says that there was one incident of
aggravated assault in 2017 and 0 in 2016. However, Rhodes College’s daily crime log contains
an alarming amount of reports of ‘Battery” that are investigated by the Title IX office or are
referred to the Student Conduct Board. Rhodes has made no effort to explain why some battery
reports are investigated by Title IX and others are investigated by Student Conduct. Moreover,
The Clery handbook warns that assault cases might be categorized as assault and battery,
disorderly conduct, domestic violence or simple assault by some local jurisdictions, even though
a knife, gun or other weapon was used in the incident. These should be classified as Aggravated
Assault for Clery Act reporting purposes. Rhodes College often reports the term assault and
battery rather than aggravated assault. Rhodes defines aggravated assault using categories of
felonies, even though the Clery Act states that one is to examine and count assaults according to
the standard UCR definitions, regardless of whether they are labeled “misdemeanors” or
“felonies” by local definitions. The campus safety office has never sent an email or timely
warning regarding battery, despite its high number of reports.

• 11/09/2017 Battery Title IX


• 09/17/2017 09/17/2017 Battery (Dating Viol)- Title IX
• 03/14/2017 Battery - Title IX
• 03/07/2017 Battery Title IX
• 03/02/2017 Battery and Aggravated Assault – Memphis Police Department
• 02/28/2017 Battery -Referred to Student Conduct
• 02/18/2017 Battery -Referred to Student Conduct
• 10/22/2016 Battery
• 10/22/2016 Battery - Referred to Student Conduct
• 10/22/2016 Battery
• 10/17/2016 Battery
• 10/08/2016 Battery (2) - Referred to Student Conduct

Furthermore, the Rhodes College Annual Security & Fire Safety Report 2018-2019 reports that
there were 8 incidents of burglary in 2017, and explains that burglary is defined based on TN
statute. Therefore, it is different to how burglary is defined by the FBI: as the unlawful entry of a
structure to commit a felony or a theft. Count one offense per each distinct operation. It is
imperative that institutions carefully evaluate the operative facts of each reported incident to

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determine if it fits into any subpart of this definition. Offenses that are classified by local law
enforcement agencies as Burglary (any degree); unlawful entry with intent to commit a larceny
or felony; breaking and entering with intent to commit a larceny; housebreaking; safecracking;
and all attempts at these offenses.

I believe Rhodes College has been making deliberate decisions to incorrectly categorize a
majority of the burglary related crimes in the daily crime log in order to report a lower number
for the Annual Report. This includes but not limited to the following [all locations are either a
car or a dorm which can only be accessed with a fob/key]:

• 03/19/2017 Burglary -Robinson- Purse


• 03/24/2017 Theft - Glassell- iPhone
• 03/18/2017 Burglary- Williford - Laptop/wallet
• 01/09/2017 [date occurred 12/15/2016] Burglary - Williford -medication
• 01/10/2017 [date occurred12/15/2016] Burglary - Trezevant -scarf
• 04/04/2017 Theft - Bellingrath - Clothes
• 02/25/2017 Theft - Robb - Hamper and clothes
• 02/02/2017 Theft – Williford - Medication
• 01/24/2017 Theft – Williford - Headphone
• 01/20/2017 Theft - Pike House
• 09/24/2017 Burglary - Parkway Hall
• 12/09/2017 Theft - EV Jewelry Box
• 12/01/2017 Theft - McNeil Bookbag/Laptop
• 01/10/2017 Theft - Bookstore Books
• 11/17/2017 Theft - Briggs - Purse/Wallet
• 10/20/2017 Theft - Voorhies – Cat

In addition, Rhodes college Annual Report for 2017-2018 claims “The Director of Campus
Safety reviews the crime statistics reports to avoid duplicating statistics and for the proper
classification of the offense. Statistics received from the Memphis Police Department are
compared to the campus crime log to avoid duplication of reported offenses. The statistics
reported herein have been obtained from the following sources:

• Rhodes College Campus Safety Department


• Memphis Police Department

• Faculty/Staff of Rhodes College”

The Clery handbook uses the examples of individuals who would not meet the criteria for being
campus security authorities include a faculty member who does not have any responsibility for
student and campus activity beyond the classroom. A Title IX coordinator is not even mentioned
as a campus security authorities. Moreover, Rhodes Annual Report does not include a policy that
encourages people to report all crimes in an accurate and timely manner to the campus police ,
and to law enforcement agencies for your institution’s jurisdiction. The language in this
statement, including the phrase “unable to report,” is not present.

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Furthermore, under the subsection “Hate Crime Reporting,” it reads “It is the policy of Rhodes
College to report as hate crimes any occurrence of criminal homicide, sex offenses, robbery,
aggravated assault, burglary, motor vehicle theft, arson, and any other crime involving bodily
injury reported to local law enforcement agencies or a campus security authority that manifests
evidence that the victim was intentionally selected because of the perpetrator’s bias.
Additionally, the crimes of larceny-theft, simple assault, intimidation, and
destruction/damage/vandalism of property will be reported in hate crime statistics. The FBI’s
Uniform Crime Reporting Hate Crime Collection Guidelines will continue to be the source
for definitions.” The lack of specificity as to who is responsible for taking hate crime reports
discourages reporting. In addition, the absence of clear definitions, with unclear instructions on
how to access or view the FBI’s Uniform Crime Reporting Hate Crime Collection Guidelines
discourages reporting.

According to 20 U.S.C. § 1092(f) 8(v), colleges are required to inform students of their “options
to notify proper law enforcement authorities, including on-­campus and local police…” Under
the subsection “Reporting of Crimes” in the Rhodes College Annual Safety Report 2018-2019,
it reads, “Rhodes College encourages the prompt reporting of any incident that compromises the
safety, health or rights of the campus community. The Campus Safety Department is the primary
responder for campus emergencies. Rhodes College and Campus Safety work cooperatively with
local law enforcement agencies when criminal activity is perpetrated by students beyond the
jurisdiction of the college.” (10) This does not adequately inform students that they can report
straight to the police, and does not even name the department they claim they work with. This
policy does not inform students that they can go further in the school’s reporting or adjudication
process.

In addition, according to 20 U.S.C. § 1092 (8)(B)(ii), campuses are required to post “possible
sanctions to be imposed following the final determination of an on-campus disciplinary
procedure regarding rape, acquaintance rape, or other sex offenses, forcible or nonforcible.” I do
not believe Rhodes administrations are in compliance with this law. Although I do not have
direct evidence of this information being suppressed, I have personal knowledge of multiple Tile
IX rape cases in which we were never notified of the outcome.

If you have any questions or require additional information please do not hesitate to reach out to
me. I believe that my observations of inaccurate or misleading statistics and reporting is only a
small part of Rhodes College’s overall non-compliance with the Clery Act, therefore I believe
that at least an extensive program review is warranted. Their deliberate or careless indifference
puts the whole community in danger.

Sincerely,

Rachel Heimann
Neuroscience & History Major

2000 North Parkway


Memphis, TN 38112
(925) 487-5320 (cell)
heirm-20@rhodes.edu

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