University of Baltimore (“UB”) undergraduate student Madison Vital (“Vital”) recently posted a video on the social media platform TikTok, calling into question UB’s emergency notification procedures — or lack thereof.[1] Vital’s video alleged that a UB undergraduate student brought a gun to school every day.[2] On October 5, 2022, after being “stalked, threatened[,] and assaulted by [the] fellow student,” Vital notified university officials.[3] The school, however, did not notify the campus community until October 14, 2022—nine (9) days after the alleged incident.[4] Not only was there a lack of urgency in sending the incident notification email, but the information in the delayed email was minimal at best.[5] The email stated that UB officials could not divulge any details at the time, but assured students that the incident was promptly handled.[6]
After Vital notified UB officials about the student with a handgun at school, and before UB issued its first notification in response to the reported threat — the student in possession of the loaded handgun was criminally charged, arrested, and released on bond.[7] Vital’s TikTok video was posted on October 16, 2022, two days after UB sent out the first incident notification email.[8] Within 48 hours of posting, the video generated major media attention, receiving over one million views.[9] UB later sent a follow-up email regarding the incident that occurred the week prior.[10] The follow-up email attempted to reassure the campus community that it was safe, but failed to offer factual information regarding what happened between October 5th through 14th, nor did it state what the university was doing to maintain student and employee safety.[11]
Vital’s TikTok video sparks legal concerns regarding UB’s duty to issue timely warnings and emergency notifications — a duty that dates back to 1986 when 19-year-old college student Jeanne Clery (“Clery”) was raped and murdered in her dorm room.[12] Absent campus crime reporting requirements in 1986, “[Clery’s] parents . . . could not have known the danger she was in.”[13] As a result, section 485(f) of the Federal Higher Education Act—the Clery Act—was created, imposing “campus safety and security-related requirements” that universities must implement in order to receive and distribute federal student aid funds.[14] Such requirements include emergency notification procedures in the event of a threat to students and employees,[15] as well as issuing timely warnings to the community regarding crimes that are reported to campus security and local police.[16] Universities must also provide “adequate follow-up information to the community as needed” under the Clery Act.[17]
So, what is “adequate” follow-up information? The Clery Act does not provide criteria to determine if an emergency exists; rather the institutions are free to determine such procedures.[18] However, in the event that such an emergency does exist, universities are required to “inform the campus community of the nature of the emergency and what actions they should take to protect themselves.”[19] Thirty-six years after Clery’s tragic death, following the implementation of preventative campus safety and security requirements, parents of UB students and students themselves still do not know the extent of the danger that may be present on campus. This is not because campus crime reporting does not exist within the university, but rather because it has not been effectively implemented.
UB’s notification email—sent nine days after the incident—was hardly a timely warning, nor was it sufficient as “adequate” follow-up information. An adequate follow-up would have included information about “the nature of the emergency” and suggested “actions [students and employees] should take to protect themselves.”[20] Therefore, UB needs to review its policies for notifying the campus community about incidents like this, its funding and the safety of its students and employees depend on it.
Alexandra R. Mitchell is a second-year J.D. Candidate at the University of Baltimore School of law and a Staff Editor for Law Forum. Most recently during the Summer of 2022, she worked as a first-year Summer Associate at Thomas, Thomas, & Hafer. Alexandra received her M.S. in Recreation, Parks, & Sports Management, concentrating in Sports Management, from Frostburg State University in 2021. Prior to her masters degree, Alexandra graduated from Towson University in 2019 with a B.S. in Psychology. Alexandra is set to graduate in May 2024 and is interested in pursuing civil defense litigation.
Read more: University of Baltimore’s Emergency Notification Procedures Spark Legal Concerns After Viral TikTok.[1] Paul Gessler, In Viral TikToK Video, University of Baltimore Student Says Armed Classmate Threatened Her, CBS Balt.: Loc. News (Oct. 18, 2022, 10:59 PM), https://www.cbsnews.com/baltimore/news/university-of-baltimore-students-tiktok-video-goes-viral-for-posting-about-armed-classmate/.
[2] Id.
[3] Id.
[4] E-mail from Kurt L. Schmoke, Univ. Balt. President, to Univ. Balt. Staff, Faculty, and Students (Oct. 14, 2022, 2:30 PM) (on file with author).
[5] Id. (stating in whole: “[e]arlier this week, University police arrested an individual on various charges, including a handgun charge. While I am unable to share more details about this episode, I can tell you that the matter was handled promptly by University police. As a result, there was no ongoing threat to the safety of our community.”).
[6] Schmoke, supra note 4.
[7] Maryland v. Jesse Francis, No. 5B02459350, Md. Judiciary Case Search, (Dist. Ct. Balt. City Oct. 12, 2022).
[8] Madison Vital (@madison.vital), TikTok (Oct. 16, 2022), https://www.tiktok.com/@madison.vital/video/7155312898133331243?_r=1&_t=8Wa3Dpf34so&is_from_webapp=v1&item_id=7155312898133331243.
[9] Gessler, supra note 1.
[10] E-mail from Kurt L. Schmoke, Univ. Balt. President, to Univ. Balt. Staff, Faculty, and Students (Oct 17, 2022, 11:02 AM) (on file with author) (following up on the October 14 email).
[11] Id.
[12] What Happened to Jeanne Clery Was a Tragedy, Clery Center, https://www.clerycenter.org/about (last visited Oct. 30, 2022).
[13] Id.
[14] 34 C.F.R. § 668.46 (2014).
[15] Id. at (g)(3).
[16] Id. at (e)(1)(ii)-(iii) (emphasis added)..
[17] Id. at (e)(3).
[18] Nondiscrimination on the Basis of Sex in Educ. Programs or Activities Receiving Fed. Fin. Assistance, 85 Fed. Reg. 30026, 30516 (Off. for C.R., Dep’t of Educ. May 19, 2020).
[19] Id.
[20] 85 Fed. Reg. 30026, 30516 (Off. for C.R., Dep’t of Educ. May 19, 2020).
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