January 2013 Lou Anna K. Simon. Pll.D. President Michigan State University 556 East Circle Drive Fast lAnsing, MI 48824-11 [3 President Simon: On January 18, 20l8, we had a preliminary discussion with senior institutional officials to advise the us qumnent of Education (the Department) has commenced a campus crime program review ot'Michigan State University (Michigan State; the University). This letter constitutes our written to the directors and officials ot'Michigan State for advance production and on-site access, beginning February 19, 2018. to relevant records and information, llte students, and employees of Michigan State so that the Act Compliance Division (CACD) can fully evaluate the University's compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Stalistics Act (Clary Act), the Higher Education Act's (HEA) fire safety requirements, and the Drungree Schools and Communities Act Tlle regulalory authorities for this review are cited below. 34 R. Section -- "An institution shall make its records readily av lahle tor revietv hy the Secretary or the nulho ed representative at an institnt' nal location designated by tlte Secretary or the Secretary's authorized representative." 34 C.F.R. Section sermon) -- "An institution that partieipates in any Title IV, Program and theinsti lion's third party servieer, irany, shall cooperate with an independent anditor, the Secretary, the Department or Education's Inspector General, the Comptroller General ot the United States, or their anthomed representatives, a guaranty ageney in whose program the tion participates, and the institution's accrediting agency, in the conduct ot an I s, investigations, program reviews, or other reviews anthonzed by law." ii) R. Seetion -- "Tim institntion and the serv'cer cooperate by reasonable access to personnel associated with the lion's or scrvicer's administration or the Title lv, IIEA programs for the purpose or obmlning relevant iniormation" Michigan State is advised that the review process commenced immediately upon our initial telephonic notification and is funher supporled by the delivery oflhis notification. As suclt, the University tnust take immediate action to preserve all records and information that are currently in the custody ot'lhe institution, its officials and employees, or other agents and contractors. All such persons must be instructed to not alter, destroy, or remove any document, record, or other FederalStudent 830 l' it . Washington. DC 5m Dr. Lou A1111a K. Simon, President Michigan State University Campus Crime Program Review Announcement - Page #2 source of information that may be directly or indirectly relevant in any manner to the Department's inquiry. This instruction applies to all such records and infonnation, regardless of the date of creation or its current custodian or location. Michigan State is also advised that any failure to provide access to the review team will result in the Department initiating an administrative action against the institution. An administrative action may include, but is not limited to: the imposition of a formal fine and/or the limitation, suspension or termination of the institution's Title IV program participation, pursuant to 34 C.F.R. Part 668, Subpart G. As the agency charged with enforcing these important laws, the Department must ensure that students, employees, and other stakeholders have accurate and complete information about Michigan State's campus safety, crime prevention, fire safety, and substance abuse prevention efforts. This information empowers campus community members and other stakeholders to make more-infonned decisions and to play an active role in their own safety and security. As we discussed with University officials, the Department closely monitors media coverage of incidents of serious crime that occur on America's college campuses. As part of this monitoring process, the Department focuses on criminal activity and institutional policies, procedures, and practices that may implicate the Clery Act. In recent months, the CACD has identified several areas of potential concern regarding Michigan State that require additional scrutiny. For these reasons, the Department has determined that a review should be conducted to assess the University's compliance with Federal campus safety and crime prevention requirements. Please note that this compliance review is separate and distinct from any investigations initiated by other offices within the �epartment, including the Office for Civil Rights or other governmental authorities. The program review team will arrive on campus to begin its fieldwork at approximately 9:00 A.M. on February 19, 2018.1 It is not possible at this time to determine a completion date for all fact-finding and fieldwork. The initial examination period will cover the calendar years covered by the University's 2014, 2015, 2016, and 2017 Annual Security Reports (ASRs) and Annual Fire Safely Reports (AFSRs). Additional records and information for other calendar years may be required as the case progresses. As noted above, Michigan State must make every effort to provide the review team with immediate access to all requested records, personnel, and other information sources. To accomplish this review, the Department will require unrestricted access to unredacted originals of records pertaining to all aspects of Michigan State's Cle,y Act, HEA fire safety, and DFSCA operations, programs, and compliance efforts. Copies of certain documents will have to be provided to the Department for examination and retention. In this regard, it is essential that Michigan State officials and directors understand that the schedule for the production of requested documents and information will not accommodate delays for lengthy examination by University staff or outside agents, consultants, or other representatives prior to delivery. Michigan State should also anticipate multiple requests for the production of electronic mail and other records and infonnation that may be generated by or maintained in the University's systems and networks. In preparation for the site visit, Michigan State must ensure that it has the capacity to conduct accurate and complete searches of its systems and networks so that responses to the Department's requests can be fulfilled in a timely manner. Additionally, Michigan State will have to facilitate the review team's access to certain electronic systems utilized by 1 The Department is aware that February 19, 2018 is the Federal observance of"Washington's Birthday." Dr. Lou A1111a K. Si111011, Preside11t Michiga11 State U11iversity Campus Crime Program Review A111101mceme11t - Page #3 University officials and departments that are engaged in activities and functions related to campus safety and crime prevention operations and programs. 2 Please be advised that we will endeavor to protect the confidentiality and privacy rights of all individuals identified in University records that are provided to U.S. Department of Education officials. Please inform all officials and employees with responsibilities related to campus safety and crime prevention, student and employee conduct, student affairs, athletics, fraternity and sorority relations, residence life, victim advocacy, Title IX, health services, and counseling, as well as any other office with significant responsibilities for Cle,y Act, HEA fire safety, and DFSCA compliance, about the review. It is essential that responsible officials or their designees are available during the site visit and are prepared to answer questions and produce documents and information upon request. Officials should be advised that in-person and telephonic interviews will be conducted and to expect Department officials to be in re&'lllar contact throughout the program review process. Access to the right people and infonnation are essential to an effective and efficient review. With that in mind, the Department respectfully requests that you advise all Michigan State officials to provide accurate, complete, and timely responses to all requests made by the review team. Furthennore, we ask that you take appropriate steps to ensure that no University official or agent encumbers or obstructs the review process in any way. Upon arrival, the team will meet with you or your designee(s) and other institutional officials to explain the program review process (Entrance Conference) and to gather preliminary information. Please advise me of the names and titles of officials that will attend the entrance conference. This information must be transmitted to me via electronic mail at Jarnes.Moore@ed.gov by the close of business on February 12, 2018. As discussed with Michigan State officials yesterday, the University will be required to produce records on a rolling basis. Please be advised that, due to cybersecurity concerns, the Department is only able to receive data in certain approved media fornrnts. We will work with the University to ensure that all documents and information are accessible and remain secure. The following documents must be submitted via electronic mail, by close of business on January 26, 2018: l. Copies of the original 20l4-2017 ASRs and AFSRs, and any revised versions of these reports that were produced for the purpose of complying with the Cle,y Act and the HEA fire safety requirements, along with credible evidence of distribution and/or redistribution. Suitable evidence of distribution may include a copy of an e-mail message used to transmit the report or other similar documentation. By close of business on February 2, 2018, Michigan State must submit the following: 2. An "audit trail" showing all incidents of crime (organized by offense classification). Each entry must include the incident report number, the agency or office that provided information and/or generated the report, and the geographical locations ("Clery Geography," (on-campus, on-campus student residential facility, non-campus building/property or public property) that were reported to the Michigan State University Police Department (MSUPD) and/or another Campus Security Authority (CSA), and were included in the statistical disclosures contained in the University's 2 Such access must include tlte capability to print copies of relevant documents from these systems. Dr. Lou A1111a K. Simon, President Michigan State University Campus Crime Program Review A111101111cemellf - Page #4 2014-2017 ASRs.3 A similar report must be submitted to substantiate the accuracy and completeness of the fire statistics that were disclosed in the 2014-2017 AFSRs. This information should be provided in spreadsheet fonnat; 3. An "audit trail" showing all arrests made by the MSlJPD or other state or local law enforcement agencies, and all referrals for disciplinary action against students or employees for violations of State laws and local ordinances related to the illegal possession, use, ancl/or distribution of drugs, liquor, and/or weapons that were included in the statistical disclosures contained in the University's 2014-2017 ASRs. The audit trail must be organized by offense classification and include the incident/arrest/referral case number, the date and time of the underlying incident, the geographical location/Clery Geography category, the name of the accused, and the arresting agency or referring office; 4. For each year under review, a list of all CSAs, by position title or employing office, that the University had identified and advised of their duty to submit statistics for incidents of crime that were reported to them; 5. A copy of the MSUPD's all activity/call log for calendar years 2011-2017; 6. A copy of the MSUPD's daily crime log for calendar years 2011-2017; 7. A list of all Timely Warnings (TWs) and Emergency Notifications (ENs) issued by the University during calendar years 2011-2017, with a brief description of the means or media used to disseminate the TW and/or EN; 8. A list of all incident reports, complaints, and/or other statements of concern, regardless of their form, that were filed with any official of Michigan State regarding alleged misconduct of any kind by Dr. Lawrence G. Nassar and copies of all such reports, complaints, or other communications and any corresponding supplemental documentation; 9. For each year from 2000-current, a list of all head coaches, assistant coaches, team doctors, trainers, and other professional staff (including graduate assistants) for all Michigan State intercollegiate athletic programs, including name, title(s), office locations, and current contact information (if known); I 0. For each year from 2000-current, a list of Michigan State's athletic directors, primary associate athletic directors for men's and women's sports, and the assistant athletic directors for football, men's and women's basketball, and gymnastics, including name, title(s), office location, and current contact inforn1ation (if known); and, 11. A detailed explanation of any and all budgetary, commercial, educational, legal, and promotional arrangements and/or relationships between Michigan State and USA Gymnastics starting in 2011 to present, if any. Specific areas to also be addressed regarding the relationship of the parties include, but should not be limited to, the following: I) the recruitment and training of athletes; 2) the specific persons and entities (including any external individuals or organizations authorized to act for Michigan State and/or USA Gymnastics) involved in any aspect of the recruitment and training of athletes; 3) any written and verbal agreements between the entities; 4) any agreements 3 The audit trails must identify the specific incidents that substantiate the University's crime statistics as they appeared in the original version of the ASR for each year and a separate accounting for any revisions that were made at any point thereafter, with a brief explanation for why those incidents were not reflected in the initial compilation. Dr. Lou A1111a K. Simon, President Michigan State University Campus Crime Program Review A111101111ce111e11t - Pa�e #5 and/or guidance regarding governance and compliance with Federal, State, and local laws and ordinances as well as adherence to institutional/organizational policies and procedures; 5) any formal or informal agreements regarding the recrnitment, hiring, supervision, and termination of employees with cross-organizational responsibilities; 6) any agreements related to the ownership and/or control of real property and/or agreements for the usage of buildings and properties exclusively owned by either of the entities; and, 7) any policies, procedures, and programs in place for the protection of athletes, including monitoring and reporting procedures. All claims made and positions taken in this explanation must be substantiated by credible supporting documentation, wherever possible. The following materials must be available for inspection and retention upon the review team's arrival on February 19, 2018: 12. For the years under review, a list of all Cle,y Act training sessions conducted for persons identified as CSAs by topic and date, a list of attendees, and a copy of the primary training materials, and the training vendor (if not offered by Michigan State staff); 13. For each year under review, copies of all written requests made to State or local law enforcement agencies, with or without concurrent jurisdiction, and the responses from those State or local enforcement agencies, for statistics and infonnation regarding incidents of crime that were reported as occurring on any part of the University's "Clery Geography;" 14. For the years under review to current date, copies of any Memoranda of Understanding, Interagency Agreements, or other written arrangements, instrnctions, or procedure� between the Michigan State University Police Department and the Cities of East Lansing and Lansing Police Departments or other State or local law enforcement agencies; 15. For the years under review to the current date, a copy of the organizational charts or similar listing for all public safety functions at Michigan State's main campus and all Colleges, Schools, the University Medical Center, and/or other subdivisions within the University. Each organization chart must identify officials and employees by name and title and notate changes that occurred during the calendar or academic year; 16. For the years under review to the current date, copies of all agreements and/or contracts with any private entities that provide any protective service, including communications, crowd control, physical security, medical services, counseling and psychological services, or any other service related to the University's campus safety operations (for each campus and the University Medical Center); 17. For the years under review to the current date, a detailed description of all dispatch/response and recordkeeping systems (hardcopy; software; etc.) utilized by any University office or contractor with security-related responsibilities (MSUPD, student and employee conduct, residence life, Title IX; human resources, athletics and medical facilities, etc.); 18. A complete set of the MSUPD's Standard Operating Procedures regarding the following functions: dispatch, response to police calls, report writing, recordkeeping, arrests including issuance of citations, as well as, any specific protocols for arson investigation, sexual assault prevention and response, active shooter response, crowd control, and response to protests or demonstrations; Dr. Lou Anna K. Simon, President Michigan State University Campus Crime Program Review Annotmcement - Page #6 19. Copies of all campus, patrol, and/or sector maps (with legends) utilized by the MSUPD, any contract security entity, the Cities of East Lansing and Lansing Departments, and/ or the University's real estate office; 20. For the years under review to the current date, provide a comprehensive list of all buildings and land owned or controlled by Michigan State University, including leased property (the list must include the address, the primary purpose/use of the parcel, and the current category of Clery Geography (on-campus, on-campus student residential facility, non-campus building/property, or public property, if any); 21. For the years under review to the current date, provide a list of all buildings and land owned or controlled by any University-recognized student organization, including leased property (the list must include the address and the current category ofClery Geography (on-campus, on-campus student residential facility, non-campus building/property, or public property, if any); 22. For the years under review to current date, copies of any written agreements between the University and local homeowners, landlords, management companies, etc. for the provision of housing services for students and/or employees with a focus on student athletes. The response to this item must address how housing stipends provided to student-athletes or other campus community members are transmitted to property owners or their agents; 23. Copies of all educational and training program materials developed to promote awareness of rape, acquaintance rape, and other sex offenses, including the Primary Prevention, Risk Reduction, Bystander hllervention, and annual training on dating violence, domestic violence, sexual assault, and stalking, and the University's investigation and hearing processes, as required by the Violence Against Women Reauthorization Act of2013; 24. For all years in the review period, copies of the University's Drug and Alcohol Prevention Program (DAAPP) materials and evidence of active distribution for all years in the review period; 25. A copy of the three most-recent reports of biermial reviews conducted to assess the effectiveness of the University's substance abuse prevention programs; 26. A copy of the University's student and employee handbooks for the main campus and all Colleges, Schools, or other subdivisions within the University for academic years 2011-2017. Indicate (flag/tab) the specific portion or location that relates to the Clery Act or the DFSCA; 27. The relevant portion of any applications, brochures, disclosures, fom1s, and other publications related to the C!e,y Act, the HEA fire safety rules, or the DFSCA that are nomrnlly distributed to: I ) prospective students; 2) prospective employees; 3) first-time students; and 4) new hires at the University or Golleges, Schools or subdivisions; etc., within the University. Please indicate (flag/tab) the specific portion; and, 28. Institutional data showing the percentage of currently-enrolled students that receive Title IV, HEA program funds. At the conclusion of all fieldwork, the review team may elect to meet with institutional officials to discuss any preliminary violations, recommendations, and next steps that are known at that time (Exit Conference). You will receive an official written report at a later date. Dr: min/an: Slam aim/mt Crime marina Review - Page 147 All Pelsonally Identifiable Information (I'll) must be safeguarded. We have enclosed instructions for submitting information conlalnilig I'll. Please submit your responses to. Mr. Donald Manager (A) u.s. Department or Eilueatian Clery Act Compliance ion Penn snuare East, 5 Philadelphia, PA 19107 !)_onnlt Once again, it is essential that no redactions be made on the copies of documents that are provided to the review turn The Department also respectfully requests that Michigan State omcials colislder providing copits of any and all reports or summaries pertaining to any internal investigation or other inquiries conducted by University officials. the University's board. and/or any outside consultancy, law firm. or other representative. Access to this material may allow the Depanment to narrow certain aspects oftlte review's scope to the mutual benefit of Michigan Slate and the Depanment. If you liave any questions, please contact me on 20273774089 or at James.Moo@ ed.gov. Thank you for your anticipated coopelatlon and prompt attention to this important matter. 'James L. Moore. Senior AdVisor Clery Act Compliance/Campus Safety Operations U.S. Depanment of Education cc: Mr. Robert A. Noto. Vice President for Legal Affairs and General Counsel, Michigan State Ms. Kristine Zayko. Deputy General Counsel. Michigan State Ms. Kristine Moore. Assistant General Counsel/Clery Act Coordinator, Michigan State Mr. James Dunlap. Cliiet'ot' Police/Director of Public Safety. Michigan State Mr. L. Executive Director. Financial Ald. Mlelligan Slate Ms. Candace R. MeLaren. Esq.. Director. Clery Act Compliance Division Dr. Lou An11a K. Simon, President Michigan St(lte University Campus Crime Program Revie,v A11111)1111ceme11t - Page #8 PROTECTION OF PERSONALLY IDENTIFIABLE INFORMATION Personally Identifiable Information (PH) being submitted to the Department must be protected. PII is any information about an individual which can be used to distinguish or trace an individual's identity (some examples are name, social security number, date and place of birth). PII being submitted electronically must be encrypted. The data must be submitted in a .zip file encrypted with Advanced Encryption Standard (AES) encryption (256-bit is prefeITed). The Department uses WinZip. However, files created with other encryption software are also acceptable, provided that they are compatible with WinZip and are encrypted with AES encryption. The Department must receive an access password to view the encrypted infom1ation. The password must be e-mailed separately from the encrypted data. The password must be 12 characters in length and use three of the following: upper case letter, lower case letter, number, special character. A manifest must be included with the e-mail that lists the types of files being sent (a copy of the manifest must be retained by the sender). Hardcopy files and media containing PU must be: sent via a shipping method that can be tracked with signature required upon delivery double packaged in packaging that is approved by the shipping agent (FedEx, OHL, UPS, USPS) labeled with both the "To" and "From" addresses on both the inner and outer packages identified by a manifest included in the inner package that lists the types of files in the shipment (a copy of the manifest must be retained by the sender). Data submissions containing PII cannot be sent via fax.