[Federal Register Volume 59, Number 82 (Friday, April 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10207]
[[Page Unknown]]
[Federal Register: April 29, 1994]
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Part VI
Department of Education
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34 CFR Part 668
Student Assistance General Provisions, Campus Safety; Final Rule
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DEPARTMENT OF EDUCATION
34 CFR Part 668
RIN 1840-AB98
Student Assistance General Provisions; Campus Safety
AGENCY: Department of Education.
ACTION: Final Regulations.
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SUMMARY: The Secretary amends the Student Assistance General Provisions
regulations. These regulations are needed to implement statutory
changes to the Higher Education Act of 1965, as amended by the Student
Right-to-Know and Campus Security Act (Pub. L. 101-542), the Higher
Education Technical Amendments of 1991 (Pub. L. 102-26), the Higher
Education Amendments of 1992 (Pub. L. 102-325), and the Higher
Education Technical Amendments of 1993 (Pub. L. 103-208). These
regulations require an institution of higher education to disclose
information about its campus safety policies and procedures, and
statistics concerning whether certain crimes took place on campus.
These regulations also make technical changes to Subpart F of the
Student Assistance General Provisions regulations, which governs
misrepresentation. Encouraging students to pursue high quality
postsecondary education is an important element of the National
Education Goals; a safe campus environment facilitates such education.
EFFECTIVE DATE: These regulations take effect July 1, 1994.
FOR FURTHER INFORMATION CONTACT: Paula M. Husselmann or Kimberly L.
Goto, U.S. Department of Education, 400 Maryland Avenue, SW. (Regional
Office Building 3, room 4318), Washington, DC 20202-5346. Telephone:
(202) 708-7888. Individuals who use a telecommunications device for the
deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-
800-877-8339 between 8 a.m. and 8 p.m., Eastern time, Monday through
Friday.
Institutions should note that some of the provisions of these
regulations may relate to the provisions of the Family Educational
Rights and Privacy Act (FERPA). If an institution has questions
concerning FERPA, the institution should contact Ellen Campbell at
(202) 732-1807.
SUPPLEMENTARY INFORMATION: The Student Assistance General Provisions
regulations implement requirements that are common to the participation
of postsecondary institutions in the student financial assistance
programs authorized by Title IV of the Higher Education Act of 1965, as
amended (Title IV, HEA programs). These programs include the Federal
Pell Grant, Federal Stafford Loan, Federal PLUS, Federal Supplemental
Loans for Students (SLS), Federal Direct Student Loan (FDSL), State
Student Incentive Grant (SSIG), Federal Perkins Loan, Federal Work-
Study (FWS), Federal Supplemental Educational Opportunity Grant
(FSEOG), Presidential Access Scholarship (PAS), and National Early
Intervention Scholarship and Partnership (NEISP) programs.
On July 10, 1992 and October 22, 1993 the Secretary published two
notices of proposed rulemaking (NPRMs) for 34 CFR part 668 in the
Federal Register (57 FR 30826-30833 and 58 FR 54902-54905,
respectively). Both of these proposed regulations included a discussion
of the major issues surrounding the proposed changes that will not be
repeated here. The list below summarizes those issues and identifies
the pages of the preambles to the NPRMs on which a discussion of those
issues may be found. The final regulations to implement the Student
Right-to-Know Act, proposals for which were also included in the July
10, 1992 NPRM, are not included in these regulations. With the passage
of the Higher Education Amendments of 1992, and its proliferation of
completion and graduation rate provisions, it became necessary to write
a second NPRM regarding these rates. The Secretary expects to publish
the second NPRM this year. The Secretary does not want to delay
publication of final regulations regarding campus security and is,
therefore, proceeding with this publication separately. As indicated
above, here is a summary of proposed issues relating to crime
prevention and statistical disclosure:
Addition to student consumer provisions to require the disclosure
of an annual security report (57 FR 30828 and 58 FR 54903);
Addition of list of actual disclosures to be made (57 FR 30828 and
58 FR 54903-54904);
Addition of time periods for collection of crime statistics (57 FR
30829 and 58 FR 54904, but superseded by subsequent statutory change
reflected in these final regulations); and
Addition of a definition of campus for the purpose of section
668.47 of the Student Assistance General Provisions regulations (FR 57
30829 and FR 58 54904).
Substantive Changes Reflected in These Final Regulations Changes
Pursuant to the Higher Education Amendments of 1992, Public Law 102-325
Sex Offenses, Forcible or Nonforcible
Section 668.47(a)(12) of the final regulations has been changed to
provide for the disclosure of certain policies and procedures, the
purpose of which is to prevent forcible and nonforcible sex offenses
and address various issues relating to these offenses. Institutions are
required to establish campus sexual assault programs to prevent sex
offenses and procedures for a victim to follow when a sex offense
occurs.
Section 668.47(a)(6)(i) of the final regulations has been changed
to provide that for the purpose of disclosing statistics about campus
crimes, institutions must compile and disclose statistics on rape for
periods of time prior to August 1, 1992 and sex offenses, forcible and
nonforcible, for periods of time on or after August 1, 1992. This
change reflects an amendment to section 485(f)(1)(F)(ii) of the HEA
made by section 486(c)(1) of Public Law 102-325. An institution must
use the definition of rape through July 31, 1992 found in the Uniform
Crime Reporting (UCR) Handbook. In addition, an institution must use
the definitions of forcible and nonforcible sex offenses found in the
National Incident-Based Reporting System (NIBRS) Edition of the UCR
Handbook for collection of these statistics on or after August 1, 1992.
Reporting of Crime Statistics
Section 668.47(d)(1) of these final regulations, relating to the
periods of time for which statistical data on campus crime must be
compiled and disclosed, is changed to reflect Sec. 486(c)(3) of Public
Law 102-325.
Analysis of Comments and Changes
In response to the Secretary's invitation in the NPRMs,
approximately 300 parties submitted comments on the proposed
regulations. An analysis of the comments and of the changes in the
regulations since publication of the NPRMs follows.
Substantive issues are discussed under the section of the
regulations to which they pertain. Technical and other minor changes
and suggested changes the Secretary is not legally authorized to make
under the applicable statutory authority are not addressed.
Section 668.47 Institutional Security Policies and Crime Statistics
Definition of Campus Security Authority
Comments: Several commenters supported the intent of the statute
and applauded the efforts to accurately collect and report information
on crime and educate consumers, and believe the regulations are a
deterrent towards criminal activity. The majority of commenters
affirmed their support of the Secretary's removal of the term
counselors from the proposed definition of campus security authority.
A number of commenters believed that the proposed regulatory
definition of campus security authority struck the appropriate balance
between the needs of a crime victim and the need for crime reporting.
Other commenters defended the inclusion of deans and residence
directors in the proposed definition, maintaining that the definition
allows victims to be served properly by reducing accusations concerning
interference and coverup of crimes and, most importantly, reducing the
risk of someone else becoming a victim of crime.
Many commenters believed that the proposed definition was too
broad, particularly because it included deans and residence directors.
The commenters offered a variety of reasons for this belief, the most
common reason being the belief that a student who is a victim of rape,
date rape, or similar crime will often solicit a dean or residence
director to help him or her work through the trauma of the event; the
victim may decide not to file an official action with the legal
authorities. In these instances, the commenters believe the proposed
rules could limit the victim's ability to receive immediate assistance
and would most likely prolong his or her trauma. Several commenters
indicated that deans and residence directors should play a strong role
in educating students in security matters and in developing a
disciplinary environment that refuses to support criminal behavior.
Several commenters said that the regulations should not define the
term campus security authority at all, thereby ensuring maximum
institutional flexibility with respect to the reporting of crimes and
the allocation of counseling responsibilities. The commenters suggested
this course of action, stating that because of the variety of campus
administrative structures (size, complexity, structure, and staffing
patterns), an all-inclusive definition would be difficult to achieve.
Other commenters said that the regulations should define the term but
include only specific campus officials, such as the chief law
enforcement official on campus or the dean of students, or specific
offices, such as the campus security office.
Many commenters specifically objected to including campus officials
such as deans and residence directors within the definition of campus
security authority. These commenters advanced several arguments: Some
commenters said that students should be able to seek confidential
counseling from such administrators before deciding whether to report a
campus crime and that by requiring these administrators to report
possible crimes brought to their attention by students, would undermine
the usefulness of the administrators as student advisors and advocates;
other commenters noted that deans and residence directors are not
trained in criminal law and that requiring them to report possible
crimes would probably lead to double-counting of crimes, once by the
dean or other campus official and once by the campus police. Several
commenters noted that under the Federal Bureau of Investigation's
(FBI's) Uniform Crime Reporting System, determining the number of crime
counts is based on law enforcement investigation and does not include
determinations by persons, such as those that might be made by deans
and residence directors, who are not law enforcement personnel. Other
commenters said it is unethical to require deans and residence
directors to report crimes, that doing so is inconsistent with the
intent of Congress, and that the proposed definition does not clearly
exclude campus religious authorities, such as chaplains.
Many commenters asked for clarification as to how the definition of
a campus security authority relates to the Family Educational Rights
and Privacy Act (FERPA).
Discussion: Section 485(f)(1)(F) of the HEA requires institutions
to disclose statistics of certain campus criminal offenses reported to
campus security authorities and local police agencies. As noted in the
preamble to the first NPRM, the proposed definition of campus security
authority, which the statute does not define, represented an attempt to
strike an appropriate balance between the need of individual crime
victims for confidential counseling and the need of the broader campus
community for prevention and a complete reporting of campus crime.
The Secretary continues to believe that to achieve this balance,
and to ensure consistent reporting of crime statistics, it is necessary
to define the term campus security authority and to include within the
definition a wider range of campus administrators than those
exclusively devoted to criminal or security matters. Therefore, the
definition of a campus security authority includes a campus law
enforcement unit, an individual or organization specified in an
institution's statement of campus security policy as the individual or
organization to whom students and employees should report criminal
offenses, and an official of an institution who has significant
responsibility for student and campus activities, but does not have
significant counseling responsibilities. The Secretary does not agree
that including a broader range of administrators is unethical or
unauthorized by the statute; neither is it inappropriate by virtue of
their lack of specific training in criminal law, nor is it likely to
lead to double-counting. The function of these administrators is not to
determine authoritatively whether a crime took place--that is the
function of law enforcement professionals working within the criminal
justice system--but, with respect to these regulations to report to the
appropriate law enforcement personnel, either campus or local police,
those allegations of campus crimes that the administrators conclude are
made in good faith. These administrators would, of course, be free to
seek advice from legal experts before reporting any allegations. In
addition, there is no penalty for reporting allegations of campus crime
to the appropriate law enforcement personnel if those allegations turn
out to be baseless. If the law enforcement personnel, upon further
investigation, conclude that the allegations reported are not
substantiated by the facts or the law, no campus crime need be
disclosed as a statistic.
Because of the wide variety of institutions participating in the
Title IV, HEA programs, the Secretary acknowledges that it is not
appropriate to identify particular administrators, such as deans and
residence directors, by their titles as being either included or
excluded from the definition of campus security authority. Instead, the
identifications must be made in terms of the functions of particular
administrators. Institutions are expected to determine which officials
have significant responsibility for student and campus activities and
do not have significant counseling responsibilities for the purpose of
this definition and to make this information known to the campus
community. The Secretary notes that it was never the intent of the
proposed rule to include chaplains within the meaning of the term
campus security authority.
Records created and maintained by a campus law enforcement unit,
for the purpose of law enforcement, are not education records and are
not protected from disclosure by FERPA. The definition of campus
security authority also includes (1) an individual or organization
specified in an institution's statement of campus security policy as
the individual or organization to whom students and employees should
report criminal offenses; and (2) an official of an institution who has
significant responsibility for student and campus activities, but does
not have significant counseling responsibilities.
Information on crimes reported to these officials could be included
in records classified as protected from non-consensual disclosure under
FERPA regulations. However, FERPA does not prohibit the disclosure of
statistical, non-personally identifiable information. The Secretary
does not interpret FERPA to prevent compliance with the timely warning
provision, as in a case of an emergency involving the safety of
others--even where the identity of an individual may be disclosed.
Changes: The Secretary has revised the definition of campus
security authority to include, in addition to those individuals or
organizations specified by the institution's statement of campus
security policy as those to whom criminal offenses should be reported,
other officials of the institution who have significant responsibility
for student and campus activities, but only if those officials do not
have significant counseling responsibilities. The definition has also
been revised expressly to include a campus law enforcement unit.
Victim's Rights
Comments: A number of commenters said that victims should have the
option of consulting with student affairs personnel before deciding
whether or not to report the occurrence of a crime. Some commenters
said that the victim of a crime on campus should be allowed to report
the crime anonymously.
Discussion: Under these final regulations, victims of a crime on
campus remain free to seek confidential counseling from campus
administrators who have significant counseling responsibilities.
Section 485(f)(1)(F) of the HEA and these regulations require the
statistical reporting of crimes to the campus community, not personally
identifiable accounts of crimes. A victim who reports a crime to a
campus security authority may, of course, request anonymity to the
extent practicable and permitted by local law.
Changes: None.
Monitoring Crimes On-Campus and Off-Campus
Comments: A few commenters requested that the Secretary require
institutions to monitor crimes that take place in areas other than
those proposed in the NPRM. For example, the commenters believe it is
within the spirit of the statute to monitor crime on public and private
property that is not owned or controlled by an institution, but that is
frequented by the institution's students. This recommendation would
include the neighborhood surrounding the campus. One commenter
indicated that there are many unidentifiable properties within the
institution's area that are controlled by recognized organizations, but
that the properties of the organizations are not officially recognized
by the institution.
Discussion: Neither the HEA nor these regulations require
institutions to gather data and report to the campus community about
off-campus crime. Section 485(f)(1)(F) of the HEA and these regulations
require institutions to disclose statistics about particular crimes
that occur on campus. The statute includes in the definition of
``campus'' any building or property owned or controlled by student
organizations recognized by the institution. Institutions should note,
however, that an institution can be considered to control certain space
that may be owned by a third party. For example, some institutions rent
space in building owned by a third party; the institution controls the
space that it occupies and that space is covered under these provisions
of the HEA.
Changes: None.
Timely Warning to the Campus Community
Comments: A few commenters requested a clear definition of ``timely
reports'' for the purpose of section 485(f)(3) of the HEA and these
regulations, which require an institution to make timely reports to the
campus community on crimes that are reported to campus security
authorities or local police and that are considered a threat to other
students and employees. Some commenters believed that timely warnings
made by those who are not enforcement personnel could jeopardize a
criminal investigation and allow a suspect to be released. Other
commenters believe that the campus community must be informed of these
threats and these provisions allow the law enforcement authorities to
receive the evidence to build a case.
Discussion: The Secretary does not believe that a definition of
``timely reports'' is necessary or warranted. Rather, the Secretary
believes that timely reporting to the campus community for this purpose
must be decided on a case-by-case basis in light of all the facts
surrounding a crime, including factors such as the nature of the crime,
the continuing danger to the campus community, and the possible risk of
compromising law enforcement efforts. Campus security authorities
should consult the local law enforcement agency for guidance on how and
when to release ``timely reports'' to the campus community.
Changes: None.
Coordination With State Requirements
Comment: One commenter said that State and Federal requirements
pertaining to the disclosure of crime statistics by institutions should
be coordinated with respect to both the types of crimes reported and
the dates for disclosure.
Discussion: The Secretary supports coordinated efforts to disclose
all required statistical disclosures to the extent they are consistent
with specific requirements of section 485(f) of the HEA and these
regulations.
Changes: None.
Distribution of Annual Security Report
Comments: One commenter requested clarification as to the means of
distribution of the annual security report. The commenter wondered
whether the institution would be required to mail the security report
to current students and employees or could simply notify them about how
to obtain the security report. Another commenter requested the
Secretary to identify those to whom an annual security report is given
only upon request.
Discussion: These regulations require that the annual security
report be distributed to all current students and employees, and to any
prospective student and employee upon request. As defined in
Sec. 668.41(b), a prospective student is one who has requested
information concerning admission to the institution. However, because
of the importance of this information regarding personal safety, the
Secretary believes that any person requesting information on admission
should be notified of the availability of the report, given a summary
of the report, and given an opportunity to request it. A prospective
employee requesting an application for employment from the institution
or information about employment at the institution should be treated in
the same manner as a prospective student. The Secretary agrees that
these regulations need to clarify how the report is distributed.
Changes: The regulations have been changed to clarify the methods
of distribution that are to be used to ensure individual delivery of
the security report. An institution may choose to distribute the report
by any of the following means: (1) Directly mailing of the report to
each individual through the U.S. Postal Service, campus mail, or
computer network; or (2) providing the report directly to each
individual (by hand-delivery). Institutions may include the security
report as a part of an institutional publication that is distributed to
each individual, such as a catalog, student handbook, registration
materials, or tuition bill. An institution must provide prospective
students and employees information about the availability of the report
and a summary of the information in it.
Reporting Crime Data
Comments: Some commenters asked if there is a form or format for
reporting and disclosing crime data.
Discussion: With respect to a prescribed format or form on which to
disclose and report crime statistics, the Secretary notes that an
institution may voluntarily participate in the Uniform Crime Reporting
(UCR) System of the FBI. In this system, there are prescribed forms for
the reporting of crime. The Secretary notes that while the HEA does not
mandate participation in the UCR System, the HEA does, however, require
use of the UCR definitions in determining whether a crime has been
committed.
Changes: None.
Institutional Security Policies
Comments: Several commenters asked whether an institution that does
not have programs to promote the awareness of rape, acquaintance rape,
and other forcible and nonforcible sex offenses is required to
establish these programs itself. They asked whether an institution
could use as educators, in those areas, personnel who are experts in
their respective fields.
Discussion: Section 485(f) of the HEA requires an institution to
provide education programs to promote the awareness of rape,
acquaintance rape, and other sex offenses. An institution may contract
with experts in these areas, such as rape crisis intervention experts,
local law enforcement officials, and social service personnel to
provide training to students and staff.
Changes: None.
Comments: Two commenters questioned the change in terminology from
sexual assault to sex offense with regard to procedures students should
follow if a sex offense occurs. Two commenters were concerned over the
issue of preserving evidence of a criminal offense: one commenter
believed that this requirement could place the institution in the
position of interpreting laws regarding evidence. The institutions
asked for guidance with respect to preserving evidence. Two commenters
agreed that a student should retain the right, under the regulations,
to decide whether to report a sex offense.
Discussion: The Secretary changed the term sexual assault to sex
offense to conform with the statutory provision requiring institutions
to use the definitions of the FBI's UCR System; forcible and
nonforcible sex offenses are defined. During negotiated rulemaking
sessions with the academic community, many non-Federal negotiators
recommended that institutions be required to define what is meant by
``preserving evidence''. The Secretary urges institutions to consult
with their campus security officials, local law enforcement officials,
and the local prosecutor's office in addressing what constitutes the
preservation of evidence. The Secretary further encourages institutions
to develop working relationships with the emergency rooms of local
hospitals and local rape crisis programs.
Changes: None.
Comments: One commenter asked to what extent an institution is
required to assist a student in notifying proper authorities of the
occurrence of a sex offense, if the student requests the institution's
assistance.
Discussion: The Secretary expects an institution to accommodate a
victim's request for assistance reasonably.
Changes: None.
Comments: Fifteen commenters addressed the requirement for an
institution to notify students that the institution will change a
victim's academic and living situations after an alleged sex offense
and of the options for such changes, if changes are requested by the
victim and are reasonably available. Some of the commenters recommended
that this should apply only to institutions that have control over on-
and off-campus housing. Some community colleges indicated that they do
not have the experience or resources to handle such a request. Some
commenters were concerned that this requirement could impose an
unlimited liability on institutions. Some of the commenters asked the
Secretary to specify what constitutes acceptable accommodation by an
institution.
Discussion: With regard to those commenters who expressed concern
over potential legal liability and those who wish to limit the scope of
this provision to institutions that control housing, it is important to
recognize that these requirements provide an institution flexibility.
Moreover, section 485(f)(7)(c) of the HEA provides that no private
right of action is created by this statute. A change to accommodate a
victim must be reasonably available. If a change of living or academic
situation requested by a victim is unreasonable, an institution is not
required to make the change. As examples, an institution could allow a
victim out of a housing contract with the institution so that the
student may pursue off-campus housing; on the other hand, if would not
be reasonable to expect the institution to pay for the rental of a
private apartment for the student. The Secretary does not believe that
it is useful to list in these regulations all examples of acceptable
accommodation. Institutions are expected to make reasonable efforts at
acceptable accommodation.
Changes: None.
Comments: Four commenters expressed concern that the Secretary has
not specified how an institution must ensure due process for the
accused in a campus disciplinary proceeding. The commenters were
concerned that the institution not take punitive action against the
accused until all of the evidence is weighed and there is a conviction.
Discussion: The commenters are correct that the HEA does not
provide due process requirements under these provisions; due process is
a matter of local law and other requirements. The purpose of this
provision is to provide disclosure of an institution's disciplinary
procedures with certain minimum requirements.
Changes: None.
Other Comments
Comments: A few commenters warned that the distribution of campus
security policies could be dangerous because criminal elements might
use the information provided to evade detection and plan further
crimes.
Discussion: The Secretary expects institutions to consider the
needs of the campus community for which they are providing a statement
of campus security policies and to be judicious in the selection of
information to be provided. The Secretary does not believe the required
disclosures will aid crime. Rather, the disclosures will serve to
discourage crime on campus.
Changes: None.
Comments: A few commenters said the statistics disclosed of campus
crimes should represent only verifiable crimes or convictions.
Discussion: The occurrence of a crime on campus need not be
disclosed to students and staff under these regulations unless the
appropriate law enforcement officials conclude that the crime did occur
with the same degree of certainty they would require for purposes of
reporting under the FBI's Uniform Crime Reporting System. Convictions,
however, are not required, because an acquittal means only that a
specific defendant did not commit the crime charged, not that a crime
did not occur. For information concerning ``Unfounded Complaints'' an
institution should refer to the UCR Handbook. The Secretary provided
this clarification as a guide to disclosure requirements. It is in no
way to be interpreted as discouraging the reporting of crime to the
proper law enforcement agencies.
Changes: None.
Executive Order 12866
These final regulations have been reviewed in accordance with
Executive Order 12866. Under the terms of the order the Secretary has
assessed the potential costs and benefits of this regulatory action.
The potential costs associated with the final regulations are those
resulting from statutory requirements and those determined by the
Secretary to be necessary for administering this program effectively
and efficiently. Burdens specifically associated with information
collection requirements were identified and explained in the NPRM.
(Approved by the Office of Management and Budget under control number
1840-0537)
In assessing the potential costs and benefits--both quantitative
and qualitative--of these regulations, the Secretary has determined
that the benefits of the regulations justify the costs.
The Secretary has also determined that this regulatory action does
not unduly interfere with State, local, and tribal government in the
exercise of their governmental functions.
Assessment of Educational Impact
In the notice of proposed rulemaking, the Secretary requested
comments on whether the proposed regulations would require transmission
of information that is being gathered by or is available from any other
agency or authority of the United States.
Based on the response to the proposed rules and on its own review,
the Department has determined that the regulations in this document do
not require transmission of information that is being gathered by or is
available from any other agency or authority of the United States.
List of Subjects in 34 CFR Part 668
Administrative practice and procedure, Colleges and universities,
Consumer protection, Education, Grant programs-education, Loan
programs-education, Reporting and recordkeeping requirements, Student
aid.
(Catalog of Federal Domestic Assistance Numbers: 84.007 Federal
Supplemental Educational Opportunity Grant Program; 84.032 Federal
Stafford Loan Program; 84.032 Federal PLUS Program; 84.032 Federal
Supplemental Loans for Students Program; 84.032 Federal
Consolidation Program; 84.033 Federal Work-Study Program; 84.038
Federal Perkins Loan Program; 84.063 Federal Pell Grant Program;
84.069 State Student Incentive Grant Program; 84.226 Income
Contingent Loan Program; 84.268 Federal Direct Student Loan Program;
and 84.27 National Early Intervention Scholarship and Partnership
Program. Catalog of Federal Domestic Assistance number for the
Presidential Access Scholarship Program has not been assigned.)
Dated: April 22, 1994.
Richard W. Riley,
Secretary of Education.
The Secretary amends part 668 of title 34 of the Code of Federal
Regulations as follows:
PART 668--[AMENDED]
1. The authority citation for part 668 is revised to read as
follows:
Authority: 20 U.S.C. 1085, 1088, 1091, 1092, 1094, 1099c, and
1141, unless otherwise noted.
2. Section 668.43 is amended by removing the word ``and'' at the
end of paragraph (c)(4); removing the period in paragraph (c)(5) and
adding, in its place, the term ``; and''; and adding a new paragraph
(c)(6) to read as follows:
Sec. 668.43 Financial assistance information.
* * * * *
(c) * * *
(6) The institution shall provide and collect exit counseling
information as required by 34 CFR 674.42 for borrowers under the
Federal Perkins Loan Program, by 34 CFR 685.303 for borrowers under the
Federal Direct Student Loan Program, and by 34 CFR 682.604 for
borrowers under the Federal Stafford Loan and Federal SLS programs.
* * * * *
3. Section 668.44 is amended by removing the word ``and'' at the
end of paragraph (a)(6); removing the period at the end of paragraph
(a)(7) and adding, in its place, the term ``; and''; and adding a new
paragraph (a)(8) to read as follows:
Sec. 668.44 Institutional information.
(a) * * *
(8) A statement that a student's enrollment in a program of study
abroad approved for credit by the home institution may be considered
enrollment at the home institution for the purpose of applying for
assistance under the Title IV, HEA programs.
* * * * *
Sec. 668.46 [Reserved]
4. Section 668.46 is reserved.
5. A new Sec. 668.47 is added to subpart D to read as follows:
Sec. 668.47 Institutional security policies and crime statistics.
(a) An institution shall, by September 1, 1992, and by September 1
of each year thereafter, publish and distribute, through appropriate
publications and mailings, an annual security report that contains, at
a minimum, the following information:
(1) A statement of current campus policies regarding procedures and
facilities for students and others to report criminal actions or other
emergencies occurring on campus and policies concerning the
institution's response to those reports, including policies for making
timely reports to members of the campus community regarding the
occurrence of crimes described in paragraph (a)(6) of this section.
This statement shall include a list of the titles of each person or
organization to whom students and employees should report the criminal
offenses described in paragraph (a)(6) for the purpose of making timely
reports.
(2) A statement of current policies concerning security of and
access to campus facilities, including campus residences, and security
considerations used in the maintenance of campus facilities.
(3) A statement of current policies concerning campus law
enforcement, including--
(i) The enforcement authority of security personnel, including
their working relationship with State and local police agencies and
whether those security personnel have the authority to arrest
individuals; and
(ii) Policies that encourage accurate and prompt reporting of all
crimes to the campus police and the appropriate police agencies.
(4) A description of the type and frequency of programs designed to
inform students and employees about campus security procedures and
practices and to encourage students and employees to be responsible for
their own security and the security of others.
(5) A description of programs designed to inform students and
employees about the prevention of crimes.
(6)(i) Statistics concerning the occurrence on campus of the
following criminal offenses reported to local police agencies and to
any official of the institution who has significant responsibility for
student and campus activities:
(A) Murder.
(B) Rape (prior to August 1, 1992) or sex offenses, forcible or
nonforcible (on or after August 1, 1992).
(C) Robbery.
(D) Aggravated assault.
(E) Burglary.
(F) Motor-vehicle theft; and
(ii) Statistics concerning the criminal offenses of murder,
forcible rape, and aggravated assault, as listed in paragraph (a)(6)(i)
of this section, that manifest evidence of prejudice based on race,
religion, sexual orientation, or ethnicity, as prescribed by the Hate
Crimes Statistics Act (28 U.S.C. 534).
(7) A statement of policy concerning the monitoring and recording
through local police agencies of criminal activity in which students
engaged at off-campus locations of student organizations recognized by
the institution, including student organizations with off-campus
housing facilities.
(8)(i) Statistics concerning the number of arrests for the
following crimes occurring on campus:
(A) Liquor-law violations.
(B) Drug-abuse violations.
(C) Weapons possessions.
(ii) Statistics concerning those crimes listed in paragraph
(a)(8)(i) of this section that manifest evidence of prejudice based on
race, religion, sexual orientation, or ethnicity, as prescribed by the
Hate Crimes Statistics Act (28 U.S.C. 534).
(9) A statement of policy regarding the possession, use, and sale
of alcoholic beverages and enforcement of State underage drinking laws.
(10) A statement of policy regarding the possession, use and sale
of illegal drugs and enforcement of Federal and State drug laws.
(11) A description of any drug or alcohol-abuse education programs,
as required under section 1213 of the HEA. For the purpose of meeting
this requirement, an institution may cross-reference the materials the
institution uses to comply with section 1213 of the HEA.
(12) A statement of policy regarding the institution's campus
sexual assault programs to prevent sex offenses, and procedures to
follow when a sex offense occurs. The statement must include--
(i) A description of educational programs to promote the awareness
of rape, acquaintance rape, and other forcible and nonforcible sex
offenses;
(ii) Procedures students should follow if a sex offense occurs,
including procedures concerning who should be contacted, the importance
of preserving evidence for the proof of a criminal offense, and to whom
the alleged offense should be reported;
(iii) Information on a student's option to notify proper law
enforcement authorities, including on-campus and local police, and a
statement that institutional personnel will assist the student in
notifying these authorities, if the student requests the assistance of
these personnel;
(iv) Notification to students of existing on- and off-campus
counseling, mental health, or other student services for victims of sex
offenses;
(v) Notification to students that the institution will change a
victim's academic and living situations after an alleged sex offense
and of the options for those changes, if those changes are requested by
the victim and are reasonably available;
(vi) Procedures for campus disciplinary action in cases of an
alleged sex offense, including a clear statement that--
(A) The accuser and the accused are entitled to the same
opportunities to have others present during a disciplinary proceeding;
and
(B) Both the accuser and the accused shall be informed of the
outcome of any institutional disciplinary proceeding brought alleging a
sex offense. Compliance with this subsection does not constitute a
violation of the Family Educational Rights and Privacy Act (20 U.S.C.
1232g). For the purpose of this paragraph, the outcome of a
disciplinary proceeding means only the institution's final
determination with respect to the alleged sex offense and any sanction
that is imposed against the accused; and
(vii) Sanctions the institution may impose following a final
determination of an institutional disciplinary proceeding regarding
rape, acquaintance rape, or other forcible or nonforcible sex offenses.
(b) An institution shall distribute the security report required by
paragraph (a) of this section annually to all--
(1) Current and prospective students and employees by appropriate
publication and mailings, through--
(i) Direct mailing to each individual through the U.S. Postal
Service, campus mail, or computer network; and
(ii) Publications provided directly to each individual; and
(2) Prospective students as defined in Sec. 668.41(b) and
prospective employees as defined in paragraph (f) of this section, upon
request, provided that such individuals are informed of the
availability of the security report, given a summary of its contents,
and given the opportunity to request a copy.
(c) An institution shall comply separately with the requirements of
this section for each campus. A branch, school, or administrative
division within an institution that is not within a reasonably
contiguous geographic area with the institution's main campus is
considered to be a separate campus.
(d)(1)(i) An institution's first annual security report (due
September 1, 1992) must contain the statistics described in paragraph
(a)(6) of this section covering the period January 1, 1991, through
December 31, 1991, and the two preceding calendar years, or the portion
thereof for which data are reasonably available. The first annual
security report must contain those statistics covering at least the
period from August 1, 1991, through July 31, 1992.
(ii) An institution's second and third annual security reports (due
September 1, 1993 and September 1, 1994, respectively) must contain the
statistics described in paragraph (a)(6) of this section covering the
most recent calendar year and the two preceding calendar years, or the
portion thereof for which data are reasonably available. The second
annual security report must contain those statistics covering at least
the period from August 1, 1991, through December 31, 1991, and calendar
year 1992. The third annual security report must contain those
statistics covering at least the period from August 1, 1991, through
December 31, 1991, and calendar years 1992 and 1993.
(iii) An institution's annual security report due September 1,
1995, and each subsequent report, must contain the statistics described
in paragraph (a)(6) of this section covering the three calendar years
preceding the year in which the report is disclosed.
(iv) In each annual security report due on or after September 1,
1993, September 1, 1994, September 1, 1995, an institution must, in
accordance with paragraphs (d)(1) (ii) and (iii) of this section,
report statistics covering rape for periods of time prior to August 1,
1992, and statistics concerning sex offenses, forcible or nonforcible,
for periods of time on or after August 1, 1992.
(v) In all subsequent annual security reports, an institution shall
report statistics for sex offenses, forcible and nonforcible.
(2)(i) An institution's first annual security report (due September
1, 1992) must contain the statistics described in paragraph (a)(8) of
this section covering the period January 1, 1991, through December 31,
1991, or the portion thereof for which those statistics are available.
The first annual security report must contain that data covering at
least the period August 1, 1991, through December 31, 1991.
(ii) An institution's second annual security report (due September
1, 1993) and each subsequent report must contain the statistics
described in paragraph (a)(8) of this section, covering the calendar
year preceding the year during which the report is to be disclosed.
(3) An institution shall compile crime statistics required under
paragraph (a) (6) and (8) of this section in accordance with the
definitions used in the Federal Bureau of Investigation's Uniform Crime
Reporting Program as provided in Appendix E to this part.
(4) Upon the request of the Secretary, an institution must submit
to the Secretary the statistics required by paragraphs (a)(6) and
(a)(8) of this section.
(e) An institution shall, in a manner that is timely and will aid
in the prevention of similar crimes, report to the campus community on
crimes that are--
(1) Described in paragraph (a)(6) of this section;
(2) Reported to campus security authorities as identified under the
institution's statement of current campus policies pursuant to
paragraph (a)(1) of this section or local police agencies; and
(3) Considered by the institution to represent a threat to students
and employees.
(f) The following definitions apply to this section:
Campus: (1) Any building or property owned or controlled by an
institution within the same reasonably contiguous geographic area and
used by the institution in direct support of, or in a manner related
to, the institution's educational purposes.
(2) Any building or property owned or controlled by a student
organization recognized by the institution.
(3) Any building or property controlled by the institution, but
owned by a third-party.
Campus security authority: (1) A campus law enforcement unit.
(2) An individual or organization specified in an institution's
statement of campus security policy as the individual or organization
to whom students and employees should report criminal offenses.
(3) An official of an institution who has significant
responsibility for student and campus activities, but does not have
significant counseling responsibilities.
Prospective employee: An individual who has contacted an
institution participating in any Title IV, HEA program for the purpose
of requesting information concerning employment with the institution.
(Approved by the Office of Management and Budget under control
number 1840-0537)
(Authority: 20 U.S.C. 534, 1092, and 1232g)
6. Section 668.72 is amended by revising paragraph (l) to read as
follows:
Sec. 668.72 Nature of educational program.
* * * * *
(l) Any matters required to be disclosed to prospective students
under Secs. 668.44 and 668.47 of this part.
7. A new Appendix E is added to part 668 to read as follows:
Appendix E to Part 668: Crime Definitions in Accordance With the
Federal Bureau of Investigation's Uniform Crime Reporting Program
The following definitions are to be used for reporting the
crimes listed in Sec. 668.47, in accordance with the Federal Bureau
of Investigation's Uniform Crime Reporting Program. The definitions
for murder, robbery, aggravated assault, burglary, motor vehicle
theft, weapon law violations, drug abuse violations and liquor law
violations are excerpted from the Uniform Crime Reporting Handbook.
The definitions of forcible and nonforcible sex offenses are
excerpted from the National Incident-Based Reporting System Edition
of the Uniform Crime Reporting Handbook.
Crime Definitions From the Uniform Crime Reporting Handbook
Murder
The willful (nonnegligent) killing of one human being by
another.
Robbery
The taking or attempting to take anything of value from the
care, custody, or control of a person or persons by force or threat
of force or violence and/or by putting the victim in fear.
Aggravated Assault
An unlawful attack by one person upon another for the purpose of
inflicting severe or aggravated bodily injury. This type of assault
usually is accompanied by the use of a weapon or by means likely to
produce death or great bodily harm. (It is not necessary that injury
result from an aggravated assault when a gun, knife, or other weapon
is used which could and probably would result in serious personal
injury if the crime were successfully completed.)
Burglary
The unlawful entry of a structure to commit a felony or a theft.
For reporting purposes this definition includes: unlawful entry with
intent to commit a larceny or felony; breaking and entering with
intent to commit a larceny; housebreaking; safecracking; and all
attempts to commit any of the aforementioned.
Motor Vehicle Theft
The theft or attempted theft of a motor vehicle. (Classify as
motor vehicle theft all cases where automobiles are taken by persons
not having lawful access even though the vehicles are later
abandoned--including joyriding.)
Weapon Law Violations
The violation of laws or ordinances dealing with weapon
offenses, regulatory in nature, such as: manufacture, sale, or
possession of deadly weapons; carrying deadly weapons, concealed or
openly; furnishing deadly weapons to minors; aliens possessing
deadly weapons; and all attempts to commit any of the
aforementioned.
Drug Abuse Violations
Violations of State and local laws relating to the unlawful
possession, sale, use, growing, manufacturing, and making of
narcotic drugs. The relevant substances include: opium or cocaine
and their derivatives (morphine, heroin, codeine); marijuana;
synthetic narcotics (demerol, methadones); and dangerous nonnarcotic
drugs (barbiturates, benzedrine).
Liquor Law Violations
The violation of laws or ordinances prohibiting: the
manufacture, sale, transporting, furnishing, possessing of
intoxicating liquor; maintaining unlawful drinking places;
bootlegging; operating a still; furnishing liquor to a minor or
intemperate person; using a vehicle for illegal transportation of
liquor; drinking on a train or public conveyance; and all attempts
to commit any of the aforementioned. (Drunkenness and driving under
the influence are not included in this definition.)
Sex Offenses Definitions From the National Incident-Based Reporting
System Edition of the Uniform Crime Reporting Program
Sex Offenses--Forcible
Any sexual act directed against another person, forcibly and/or
against that person's will; or not forcibly or against the person's
will where the victim is incapable of giving consent.
A. Forcible Rape--The carnal knowledge of a person, forcibly
and/or against that person's will; or not forcibly or against the
person's will where the victim is incapable of giving consent
because of his/her temporary or permanent mental or physical
incapacity (or because of his/her youth).
B. Forcible Sodomy--Oral or anal sexual intercourse with another
person, forcibly and/or against that person's will; or not forcibly
against the person's will where the victim is incapable of giving
consent because of his/her youth or because of his/her temporary or
permanent mental or physical incapacity.
C. Sexual Assault With An Object--The use of an object or
instrument to unlawfully penetrate, however slightly, the genital or
anal opening of the body of another person, forcibly and/or against
that person's will; or not forcibly or against the person's will
where the victim is incapable of giving consent because of his/her
youth or because of his/her temporary or permanent mental or
physical incapacity.
D. Forcible Fondling--The touching of the private body parts of
another person for the purpose of sexual gratification, forcibly
and/or against that person's will; or, not forcibly or against the
person's will where the victim is incapable of giving consent
because of his/her youth or because of his/her temporary or
permanent mental incapacity.
Sex Offenses--Nonforcible
Unlawful, nonforcible sexual intercourse.
A. Incest--Nonforcible sexual intercourse between persons who
are related to each other within the degrees wherein marriage is
prohibited by law.
B. Statutory Rape--Nonforcible sexual intercourse with a person
who is under the statutory age of consent.
[FR Doc. 94-10207 Filed 4-28-94; 8:45 am]
BILLING CODE 4000-01-P