University of Memphis rebuts crime audit findings

University of Memphis officials strongly disagree with an initial finding by the U.S. Department of Education that the school didn't notify students in a timely manner after an on-campus murder in 2007.

"It is not the department's place to stand in the shoes of an institution and second-guess their actions but rather to review all of the facts and circumstances to determine whether the institution's actions were reasonable," Melanie S. Murry, associate university counsel, wrote in a Nov. 17 letter to federal officials. "... We believe our actions went above and beyond what was required under the law."

The letter was in response to the findings of an audit conducted in 2010 that examined the university's compliance with the Clery Act, a federal law that requires colleges and universities that participate in federal financial aid programs to keep and disclose information about crime on and near their campuses.

Federal auditors said the e-mail issued six hours after the shooting of football player Taylor Bradford was not adequate.

"Given that no suspect was in custody and the shooter was still at large, students and employees were still in danger," the audit said.

But university officials contend auditors may not have all the facts.

Information about a suspect and motive emerged almost immediately, they say. The victim was carrying a large amount of cash and had been bragging about his recent casino winnings.

"The police knew at that point the victim had been targeted, that this was not a random act of violence, and that no one else had been, or was, in jeopardy," according to the university's response.

The shooter didn't pose an ongoing threat, the letter reads, because police had "credible evidence that the perpetrator was approximately 4 miles north of the campus. In fact, investigators were looking for him in that area."

The federal review also included three more initial findings. A final review determination letter will be sent to the school at a later date.

The university didn't prepare and distribute a comprehensive annual security report as a single document by Oct. 1, 2009.

In response, school officials have made the report available as a single document for the past two years. The most recent report, dated Oct. 31, was distributed to the entire campus community by e-mail.

In 2008, there were discrepancies in crime statistics. For example, the university's website noted 44 total burglaries, but only 39 burglary offenses were included in statistics given to the Education Department.

Corrections were made immediately, according to the school's response letter.

The university also failed to maintain an accurate and complete daily crime log.

Since the review, school officials have upgraded the software for inputting the data and implemented a system in which reports are edited twice after they are entered.

A spokeswoman from the U.S. Department of Education declined to comment late Monday, saying officials don't discuss open reviews.