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University and police outline when conduct cases become criminal and what FERPA allows
Summary
Board members pressed Clemson's student conduct director and the police chief on when the university refers students to law enforcement and how FERPA limits information sharing; Pettigrew said criminal matters usually come through police and 'it's handled administratively at the university first.'
During the July 23 Police Advisory Board meeting, members pressed Dr. Jonathan Pettigrew and the chief of police on coordination between Clemson University's conduct process and criminal investigations, and on privacy limits under FERPA.
Pettigrew said many egregious criminal allegations originate with law enforcement: "So when the allegations are egregious enough where there's a violation of law, typically, we would already get that case from local law enforcement," and he emphasized that the university also conducts an administrative assessment. In response to questions about sharing records, the chief explained legal constraints on notifying the university about victims and the limits imposed by state and federal procedures.
The pair discussed dual-jurisdiction scenarios: criminal proceedings determine legal guilt while the university evaluates policy violations and whether interim actions (such as no-trespass orders or interim suspension) are appropriate to protect campus safety. Pettigrew said the university may pause internal steps to avoid compromising a criminal investigation but can take interim action to protect the community.
Board members raised that pretrial diversion and expungement can complicate information flow; the chief described past cases where the criminal process outcomes affected cooperation with campus proceedings. Both officials said they are working to improve communication and reduce gaps between the university and local law enforcement.
