Liability Protection Upheld for University Crime Alert

AP&S successfully represented Johnson & Wales  University in the case, Havlik v. Johnson & Wales  University.  The Havlik case involved a Crime Alert that the University issued naming the student as having been reported as the assailant in an assault which occurred on a sidewalk adjacent to a university parking lot.   The student was dismissed from Johnson & Wales, and he later sued the University for defamation as a result of the publication of the Crime Alert.  The Clery Act is a Federal Statute which requires colleges and universities that receive federal aid to keep crime statistics and to post timely notifications of crimes that occur on or about the university’s campus.  In deciding in favor of the University, the Court afforded significant protections to university officials tasked with Clery Act compliance.  When a university reasonably believes that issuance of a Crime Alert is required, it will be protected against defamation claims by students named in the Crime Alert. On December 5, 2007, the First Circuit Court of Appeals ruled in favor of Johnson & Wales  University in a case of first impression addressing the issue of a university’s responsibilities and rights under the Clery Act.  This case was the first Federal Appellate Court case to interpret the Clery Act and its requirements. By following the steps taken by Johnson & Wales general counsel, colleges and universities can protect themselves from defamation claims brought by students identified in crime alerts.