[Federal Register Volume 64, Number 78 (Friday, April 23, 1999)]
[Proposed Rules]
[Pages 20090-20100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9949]



[[Page 20089]]

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Part III





Department of Justice





_______________________________________________________________________



Office of Justice Programs



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28 CFR Part 90



Grants to Combat Violent Crimes Against Women on Campuses; Proposed 
Rule

  Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 / 
Proposed Rules  

[[Page 20090]]



DEPARTMENT OF JUSTICE

Office of Justice Programs

28 CFR Part 90

[OJP (OJP)-1206]
RIN 1121-AA49


Grants To Combat Violent Crimes Against Women on Campuses

AGENCY: Violence Against Women Office, Office of Justice Programs, 
Justice.

ACTION: Proposed rulemaking.

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SUMMARY: The Violence Against Women Office, Office of Justice Programs, 
U.S. Department of Justice, is publishing proposed regulations 
governing the implementation of Grants to Combat Violent Crimes Against 
Women on Campuses authorized by Title VIII, Part E, section 826 of the 
Higher Education Amendments of 1998. This authorization provides funds 
to institutions of higher education for two broad purposes: To develop 
and strengthen effective security and investigation strategies to 
combat violent crimes against women on campuses, particularly domestic 
violence, sexual assault, and stalking and to develop, enlarge, and 
strengthen victim services in cases involving violent crimes against 
women on campuses.
    As microcosms of the larger society, institutions of higher 
education harbor many of the same social conditions and forces that 
permit violence against women to occur outside the campus community. 
Sexism, male student support systems that validate and perpetuate 
violence against women, and institutional minimization of, or 
indifference to, violence against women can create a climate that is 
inhospitable to women. Therefore, the higher education community must 
address not only the actual incidents and consequences, but also the 
underlying causes of violence against women.

DATES: Comments will be received no later than 5:00 p.m. on May 24, 
1999.

ADDRESSES: Comments may be sent to Preet Kang, Senior Associate, 
Violence Against Women Office, Office of Justice Programs, 810 Seventh 
Street, N.W., Washington, D.C. 20531.

FOR FURTHER INFORMATION CONTACT: Preet Kang, Senior Associate, Violence 
Against Women Office, Office of Justice Programs, 810 Seventh Street, 
N.W., Washington, D.C. 20531. Telephone: (202) 307-6026.

SUPPLEMENTARY INFORMATION: The Violence Against Women Office (VAWO) of 
the Office of Justice Programs (OJP) proposes to amend the regulations 
governing the STOP Violence Against Women Formula and Discretionary 
Grants Program, found at 28 CFR Part 90, to comply with the amendments 
to the authorizing statutes, 42 U.S.C. 3796gg through 3796gg-5, enacted 
by the Violence Against Women Act, Title IV of the Violent Crime 
Control and Law Enforcement Act of 1994, Public Law 103-322, and Title 
VIII, Part E, section 826 of the Higher Education Amendments of 1998, 
Public Law 105-244, 112 Stat. 1815 (1998).
    The Higher Education Amendments of 1998 authorize Federal financial 
assistance to institutions of higher education to work individually or 
in consortia consisting of campus personnel, student organizations, 
campus administrators, security personnel, and regional crisis centers 
affiliated with the institution. Grant funds may be used to develop, 
implement, and strengthen effective security and investigation 
strategies to combat violent crimes against women on campuses, 
including sexual assault, stalking, and domestic violence; and to 
develop and strengthen victim services and prevention efforts.

Statement of the Problem

    Violence against women on college and university campuses is a 
serious, widespread problem. More than half of all stalking victims are 
between 18-29 years old, according to the National Violence Against 
Women Survey sponsored by the National Institute of Justice (NIJ) and 
the Centers for Disease Control and Prevention.1 Similarly, 
National Crime Victimization Survey (NCVS) data indicate that more than 
52 percent of all rape/sexual assault victims are females younger than 
age 25.2 Although these figures are for the population as a 
whole, they are especially significant for the campus community in its 
efforts to recognize and address violent crimes against women, given 
the typical age of the campus populace. Further, results of several 
studies indicate that among college students, the average prevalence 
rate for nonsexual dating violence is 32 percent.3
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    \1\ ``Stalking and Domestic Violence,'' Attorney General's Third 
Annual Report to Congress under the Violence Against Women Act, 
Office of Justice Programs, Violence Against Women Grants Office, 
(Washington, DC: U.S. Department of Justice, July 1998), p. 10.
    \2\ U.S. Department of Justice, Bureau of Justice Statistics, 
``Age Patterns of Victims of Serious Violent Crime,'' September 
1997, NCJ-162031.
    \3\ ``Fact Sheet on Dating Violence,'' Centers for Disease 
Control and Prevention, National Center for Injury Prevention and 
Control, January 1998, p. 1.
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    Sexual assault is the second most common violent crime committed on 
college campuses, according to a national survey of 3,472 students at 
12 randomly selected sites around the country.4 This 1995 
study also revealed that:
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    \4\ Bonnie Fisher, John J. Sloan, III, and Francis T. Cullen, 
``Final Report: Understanding Crime Victimization Among College 
Students: Implications for Crime Prevention,'' Funded through 
National Institute of Justice Grant No. 93-IJ-CX-0049, 1995, p. 65.
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     Most of the perpetrators of sexual victimization are 
fellow students known to the victims;
     More sexual victimizations occur on-campus than off-
campus;
     Half of the off-campus sexual victimizations occur in the 
victims' residence and an additional one-third occur in off-campus 
student housing, such as fraternities;
     Most of the victims of sexual assaults are full-time 
students, with about one-third of them being freshmen between 17-19 
years old; and
     Almost 81 percent of the on-campus and 84 percent of the 
off-campus sexual assaults are not reported to police.
    Consistent with the findings of this survey, numerous other studies 
have also revealed that sexual assaults, as well as other forms of 
violence against women, are seriously underreported generally and on 
campuses, indicating that the problem is even more acute than the 
available data suggest. Victims cite a number of reasons for not 
reporting the violence, including considering the matter to be private, 
being unaware or unclear that the violent behavior was in fact 
criminal, being embarrassed, fearing reprisals, and in some instances 
relenting to peer pressure, especially when the perpetrator is a 
prominent member of the campus community, such as an athlete.
    One of the most frequent factors cited for violence against women 
on campus is substance abuse, particularly alcohol abuse, which is 
disproportionately high among college students. A survey of 89,874 
students at 171 institutions of higher education revealed that alcohol 
was involved in 74 percent of the sexual assaults.5 Another 
study conducted by the Harvard School of Public Health indicates that 
``non-binge drinking women living on campuses with high levels of binge 
drinking had almost twice the risk of experiencing unwanted

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sexual advances as their counterparts at lower drinking-level 
schools.'' 6
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    \5\ Presley, C.A., Meilman, P.W., Cashin, J.R., Leichliter, 
J.S., ``Alcohol and Drugs on American College Campuses: Issues of 
Violence, A Report to College Presidents,'' Core Institute 
Monograph, Southern Illinois University, Carbondale, IL, p. 4.
    \6\ Henry Wechsler, Bryn Austin, and William DeJong, ``Secondary 
Effects of Binge Drinking on College Campuses,'' The Higher 
Education Center for Alcohol and Other Drug Prevention Bulletin, 
February 1996, p. 4.
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    While alcohol may be an important, and all too frequent, 
exacerbating factor in violence against women in the campus community, 
alcohol consumption cannot be viewed as a causative factor of these 
crimes. Ultimately, the responsibility for the criminal actions rests 
with perpetrators, who must be held accountable. Unfortunately, many 
male students continue to hold beliefs and attitudes, about gender 
roles, often supported by their male peers, that result in the physical 
and sexual abuse of women, whether or not alcohol is involved.
    Recently, cases have been reported in which perpetrators have used 
drugs to subdue their victims prior to the sexual assault. These drugs, 
such as Rohypnol and GHB, can be easily slipped into drinks and 
consumed by unsuspecting victims. Within 15 to 30 minutes of ingestion, 
the drugs may produce effects ranging from drowsiness, impaired memory 
or judgement, loss of motor skills, and dizziness to loss of 
consciousness. These effects are further magnified when the drugs are 
mixed with alcohol and can be potentially lethal. Victims often do not 
remember the attack itself but wake up knowing that something is wrong. 
They may have hazy memories of waking up for a few seconds during the 
assault and then losing consciousness again. For these reasons, an 
assault may not be reported to the police for several days, if at all, 
and victims may have difficulty testifying in court about the assault.
    Unlike their counterparts in the larger community, female students 
victimized by fellow students often face additional challenges in a 
``closed'' campus environment. For instance, stalking victims may find 
it difficult to escape their tormentors because the stalker may have a 
seemingly ``legitimate'' reason for remaining in contact with or 
proximity to the victim (e.g., attending class or studying in the 
library). Similarly, the fear and anguish suffered by rape victims may 
continue because they attend the same classes or live in the same 
dormitory as their rapists. Even changing class schedules or living 
arrangements may not eliminate the threat of encountering the 
perpetrator on campus, assuming such options are available without the 
victim incurring any academic disadvantage or further financial 
penalties and emotional hardship.
    Historically, institutions of higher education generally have 
handled crimes of violence against women through closed administrative 
procedures or processes rather than initiating criminal proceedings 
through the local law enforcement agency. However, this approach, where 
it is used in lieu of a report to local law enforcement, sends a 
message to victims, perpetrators, and the entire campus community that 
violence against women is not criminal behavior. Quite simply, an 
administrative response trivializes the seriousness of these crimes. 
When campus administrators fail to respond adequately, they perpetuate 
the acceptance and continuation of violence against women and may also 
encourage the escalation of such behaviors.
    Institutions of higher education are in a unique position to 
educate young men and women about violence against women, and to help 
shape attitudes that students will carry with them long after they 
leave. The campus community can create large-scale social change by 
adopting policies and protocols that treat violence against women as a 
serious offense and by developing victim services and programs that 
make victim safety, offender accountability and prevention of such 
crimes a high priority. Through their policies, protocols, and actions, 
colleges and universities can demonstrate to every student that 
violence against women in any shape or form will not be tolerated and 
that sexual assault, stalking, and domestic violence are serious 
crimes, requiring legal action. Should such violence and abuse occur, 
appropriate steps should be taken to ensure victim safety and offender 
accountability both through internal administrative disciplinary 
processes and through the criminal justice system. Violence against 
women should be treated with the same gravity as any other criminal 
justice matter, whether it occurs on a campus, on the streets, or in 
private homes.
Effective Responses to Combat Violence Against Women on Campuses
    The cornerstone of any effective strategy for addressing violence 
against women must include the development of a coordinated, 
multidisciplinary response involving the entire campus community, 
including victim service providers, campus security, faculty, staff, 
administrators, offices of the dean of students, women's centers, the 
athletic department, student groups, fraternity and sorority life 
coordinators, health care professionals, and campus clergy. In 
addition, this comprehensive effort must involve the larger community 
in which the institution is located by developing partnerships with 
community-based victim service providers, victim advocates, local law 
enforcement and prosecution agencies and other criminal justice 
officials. A comprehensive, coordinated approach not only provides 
enhanced victim safety and offender accountability, but also includes 
prevention efforts to address the underlying causes of violence against 
women. Implementation of such coordinated strategies sends a strong 
message that acts of violence against women are serious criminal 
offenses and that ending violence against women requires the 
involvement of the entire campus and broader community.
    Elements of a coordinated, multidisciplinary response include:
     Enlisting the full support and commitment of the entire 
campus leadership of the higher education institution, including the 
president or chancellor. This commitment can be demonstrated by 
establishing and strengthening campus policies and protocols; 
consistently implementing these policies; vigorously responding to 
victimization; publicly condemning all forms of violence against women; 
and actively communicating expectations about appropriate conduct. For 
instance, the president of the University of Virginia wrote a letter 
condemning acquaintance rape, along with a discussion of what 
constitutes acquaintance rape.7 Both the letter and the 
discussion were published in the college newspaper.
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    \7\ ``Preventing Alcohol-Related Problems on Campus: 
Acquaintance Rape, A Guide for Program Coordinators,'' The Higher 
Education Center for Alcohol and Other Drug Prevention, (Newton, MA, 
1997), p. 5-7.
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     Emphasizing that sexual assault, stalking, and domestic 
violence are serious crimes and encouraging victims to report these 
crimes to criminal justice authorities. Higher education institutions, 
as a matter of policy, should routinely provide information about the 
criminal and civil justice options available to victims, with guidance 
on how to access these systems (e.g., providing information cards that 
list addresses and telephone numbers of sexual assault and domestic 
violence units in the local police department and the prosecutor's 
office). Victims should be provided assistance with obtaining services 
from criminal justice agencies (for example, transportation to the 
police department or the court.)
     Developing formal written policies and protocols 
specifically for

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responding to sexual assault, stalking, and domestic violence, 
emphasizing victim safety and confidentiality, as well as meaningful 
offender accountability. These policies and protocols must be 
formulated in collaboration with community and campus experts on 
violence against women to ensure that the needs of victims are met and 
that perpetrators are held accountable.
    These protocols should provide clear guidance to campus officials 
on specific procedures for handling incidents of sexual assault, 
stalking and domestic violence, including who victims should notify on 
campus, how victims should make a report, the specific procedures to be 
followed once a report is made, and how officials should work with 
victims on the issue of notifying local law enforcement agencies to 
report the crime. The protocols must make clear that sexual assault, 
stalking, and domestic violence are crimes, that victims must be 
provided full information on how to report these crimes to local law 
enforcement, and that officials must not dissuade victims from 
reporting these crimes to local law enforcement. Training should be 
provided to all relevant persons in positions likely to respond to, or 
have authority over those responding to, violent crimes against women.
    These policies and protocols must be widely disseminated to the 
campus community. Written materials should be developed for 
dissemination by the office of the dean of students, explaining the 
protocols and procedures as well as how victims can contact local law 
enforcement. These materials should also explain when a report will be 
filed with an internal disciplinary board, how the board operates, how 
long it will take to review and take action on such a report, the 
victim's and perpetrator's rights before the board, the range of 
sanctions or disciplinary actions possible, and any other relevant 
information.
     Developing comprehensive, appropriate victim services for 
all students 8 and campus employees 9, including 
underserved campus populations. To accomplish this goal, institutions 
of higher education must forge strong, meaningful partnerships with 
community-based victim service providers, victim advocates, and local 
law enforcement authorities to enhance collaboration and coordination 
of resources so that victims receive services tailored to their 
specific safety needs and perpetrators are held accountable through the 
criminal and civil justice system. These partnerships have the added 
benefit of ensuring that the higher education institution's 
decisionmaking is informed by the realities and experiences of the 
larger community.
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    \8\ For the purposes of this Grant Program, students include 
both full- and part-time students enrolled at an institution of 
higher education.
    \9\ For the purposes of this Grant Program, employees include 
full-and part-time permanent faculty, staff, and administrators, as 
well as temporary and contract employees (e.g., visiting professors 
who are on sabbatical from other institutions for an extended time), 
and contractors whose primary work duties are on campus or at a 
location that is affiliated with the institution.
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     Reviewing and revising, if necessary, the student and 
employee codes of conduct and policies to ensure that incidents 
involving violence against women are treated as serious offenses, with 
strong consequences. These codes of conduct should be distributed to 
every new student and employee entering the institution. Institutions 
should explore other means of disseminating this information as widely 
as possible, including posting the code on an institution's website, 
sending it through e-mail, and posting excerpts on student and employee 
bulletin boards throughout the campus.
     Working in collaboration with campus and community-based 
victim advocates and victim service providers to develop training 
programs and materials (e.g., brochures and stickers with campus and 
local hotline numbers) for students and campus employees that explain 
the causes and consequences of violence against women. This training 
should include basic information and precise definitions of sexual 
assault, domestic violence, and stalking so that everyone understands 
what actions constitute each of these crimes, that these crimes are 
serious, and that offenders will face severe criminal sanctions. 
Information must be provided about both the internal institutional and 
external legal sanctions against perpetrators; common myths surrounding 
violence against women; why different victims may have very different 
responses to the same crime; the importance of gathering evidence 
promptly after a crime has been committed; the role of drugs and 
alcohol as contributory factors, including Rohypnol, GHB, and other 
drugs used by rapists; maintenance of victim confidentiality; available 
campus and community resources and how to access them; safety planning; 
how peers can support victims and hold offenders accountable; campus 
policies and protocols addressing violence against women; and any 
mandatory reporting policies and laws. The training should also include 
a discussion of the underlying causes, such as social attitudes, 
beliefs, and conditions that allow violence against women to exist in 
our society. These education programs should be made an integral 
component of orientation sessions for all first year students and other 
new students on campus and be mandatory for all campus employees.
     Formulating audience-specific training and awareness 
campaigns and developing resources to reach out effectively to student 
groups, such as athletes, fraternities, sororities, student groups 
representing diverse communities, first year students, and other new 
students. Materials should be tailored to the specific audiences being 
addressed. Members of these student groups should be recruited as 
trainers and spokespersons on issues related to violence against women. 
These individuals should receive rigorous training on the underlying 
causes of such violence.
     Developing ongoing, innovative public outreach campaigns 
to raise awareness and reinforce continually the information provided 
during the training. Possible opportunities for this ongoing training 
could include the periodic meetings convened by resident assistants for 
dormitory residents, and special events in conjunction with sexual 
assault and domestic violence awareness months. As part of this 
outreach campaign, the campus and local community media, such as the 
campus radio and television stations, could be used to disseminate 
information about violence against women, including how to identify 
signs of abuse, the legal rights of victims, availability of resources 
for victims, and sanctions for perpetrators.
     Developing strategies for preventing violence against 
women on campuses through education programs and media campaigns. These 
efforts should be designed to change the social norms, and attitudes 
that support and perpetuate violence against women.
     Evaluating the campus infrastructure for safety and 
security and the quality and availability of resources such as escort 
services after dark, shuttles, and extra lighting. This undertaking, 
however, should be only one element of a larger effort to address the 
problem comprehensively. As studies indicate, most women are victimized 
in private spaces, such as houses or apartments, by people they know. 
Therefore, by themselves, physical security measures have only a 
limited impact.
    Campus sexual assault, stalking, and domestic violence are serious 
crimes requiring swift, forceful and coordinated responses from the 
higher education

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community. These responses must be sensitive to victims' needs and 
safety and must hold offenders accountable for their criminal actions 
through the criminal justice system and, as a supplement but not a 
substitute, through internal administrative disciplinary processes. 
Pursuing criminal charges enables victims of violence against women to 
use the criminal justice system to enhance their safety and potentially 
deter future abuse. These intervention efforts, however, must be 
combined with prevention strategies that seek to change the underlying 
campus culture and social norms that explicitly or implicitly support 
violent and abusive behavior against women.

Fiscal Year 1999 Grants To Combat Violent Crimes Against Women on 
Campuses

    Consistent with the vision guiding all of the efforts supported 
through the Violence Against Women Act (VAWA), the Grants to Combat 
Violent Crimes Against Women on Campuses are designed to encourage the 
higher education community to adopt comprehensive, multidisciplinary 
strategies for preventing, detecting, and stopping violence against 
women, particularly sexual assault, stalking, and domestic violence. 
Addressing and ending violence against women is the entire community's 
responsibility. Institutions of higher education, working in 
partnership with the communities in which they are located, must adopt 
coordinated, campus-wide and community-wide efforts for responding to 
sexual assault, stalking, and domestic violence. Accordingly, all 
applicants for these grants are strongly encouraged to form consortia 
consisting of campus personnel, such as the athletic department and the 
women's center; student organizations, such as fraternities and 
sororities; groups working with diverse communities; campus housing 
officials, including student residence hall assistants; campus 
administrators, such as the institution's president and the dean of 
students; campus disciplinary boards; security personnel such as campus 
police and local law enforcement; and on-campus and community-based 
victim service providers; prosecutors; and judicial personnel to shape 
and guide grant-funded efforts. This multidisciplinary approach is 
intended to create strategies that are responsive to victims, bring 
perpetrators to justice and change the underlying campus climate to 
make it inhospitable to violence and abuse against women in all shapes 
and forms.
    For Fiscal Year 1999, Congress appropriated $10 million to the 
Department of Justice to fight violent crimes against women on campuses 
across the country. These funds will be awarded competitively for the 
following broad purposes:
    1. To provide personnel, training, technical assistance, data 
collection, and other equipment to increase arrests, investigations, 
and adjudication of persons committing violent crimes against women on 
campus;
    2. To train campus administrators, campus security personnel, and 
campus disciplinary or judicial boards to identify and respond more 
effectively to violent crimes against women on campus, including sexual 
assault, stalking, and domestic violence;
    3. To implement and operate education programs for prevention of 
violent crimes against women;
    4. To develop, expand, or strengthen support services programs, 
including medical or psychological counseling, for victims of sexual 
offense crimes;
    5. To create, disseminate, or otherwise provide assistance and 
information about victims' options on and off campus to bring 
disciplinary or other legal action;
    6. To develop and implement more effective campus policies, 
protocols, orders, and services to prevent, identify, and respond to 
violent crimes against women on campus, including the crimes of sexual 
assault, stalking, and domestic violence;
    7. To develop, install, and expand data collection and 
communication systems, including computerized systems, linking campus 
security to the local law enforcement for the purposes of identifying 
and tracking arrests, protection orders, violations of protection 
orders, prosecutions, and convictions with respect to violent crimes 
against women on campus, including sexual assault, stalking, and 
domestic violence;
    8. To develop, enlarge, or strengthen victim service programs for 
the campus and to improve delivery of victim services on campus;
    9. To provide capital improvements (including improved lighting and 
communications facilities but excluding the construction of buildings) 
on campuses to address violent crimes against women on campus, 
including the crimes of sexual assault, stalking, and domestic 
violence; and
    10. To support improved coordination among campus administrators, 
campus security personnel, and local law enforcement to reduce violent 
crimes against women on campus.

Distribution of Grant Funds

    The Higher Education Amendments of 1998 call on the Attorney 
General to award the Grants to Combat Violent Crimes Against Women on 
Campuses on a competitive basis. Every effort will be made to ensure 
the equitable participation of private and public institutions of 
higher education in activities supported through this Grant Program and 
the equitable geographic distribution of grants under this section 
among the various regions of the country.

Eligibility Requirements

    To be eligible to receive grant funds under this Program, all grant 
applicants must be in compliance with the campus crime reporting 
requirements set forth in 20 U.S.C. 1092 (f) as amended by Public Law 
105-244, 112 Stat. 1581, section 486(e) (1998).
    This section requires in part that all institutions of higher 
education collect crime statistics and information about any campus 
security policies for their respective campuses. The information must 
be compiled in an annual security report and disseminated to all 
current students and employees, and, upon request, to any applicant for 
enrollment or employment. The annual security report must contain 
information regarding campus security policies and campus crime 
statistics. (See Exhibit A at the end of this document for relevant 
provisions of the Campus Security Act of 1990, as amended by Public Law 
105-244, 112 Stat. 1741, section 486 (e) of the Higher Education 
Amendments of 1998.)

FERPA Requirements

    To be eligible for this Grant Program, institutions of higher 
education must certify that they have developed policies consistent 
with the requirements of the Amendment to the Family Educational Rights 
and Privacy Act (FERPA) of 1974, as amended by Public Law 105-244, 112 
Stat. 1835, section 951 of the Higher Education Amendments of 1998. 
(See Exhibit B at the end of this document for an excerpt of this 
section.) Under FERPA and if permissible under State law, an 
institution of higher education may disclose to law enforcement 
agencies the name of the student who is an alleged perpetrator of any 
crime of violence or a nonforcible sex offense, as well as his or her 
offense and any sanctions imposed upon him or her as a result of campus 
disciplinary proceedings conducted by the institution. FERPA permits 
such disclosure only after a student has been found to have been in 
violation of the

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institution's rules or policies. Moreover, FERPA, as amended by Section 
951 of the Higher Education Amendments of 1998, prohibits such 
disclosures by institutions of higher education unless the victim(s) 
and/or witness(es) provide their written consent.
    To be eligible for this Grant Program, grantees are required to 
disclose to law enforcement information permitted under FERPA provided 
that it is consistent with State law, but only if the victim requests 
or agrees to the disclosure. Victims' consent to disclosure is 
necessary because their safety, confidentiality, and privacy could be 
compromised.
    In addition, the Violence Against Women Office of the Office of 
Justice Programs will require all institutions of higher education 
applying for grant funds to certify that they have, or plan to develop 
within 60 days of receipt of grant funds, written policies prohibiting 
the disclosure of a victim's or a witness' name, address, telephone 
number, or any other identifying information without the prior 
voluntary written consent of the victim or witness. All applicants will 
be required to forward copies of these policies to the Violence Against 
Women Office of the Office of Justice Programs with their grant 
application, or if no such policies have been developed, institutions 
must include written assurances in their grant application that within 
60 days of receipt of a grant award, they will develop written policies 
and forward copies of these policies to the Violence Against Women 
Office of the Office of Justice Programs. Institutions must also 
certify that these policies were developed in close collaboration with 
campus-based or community-based victim service programs.

Application Requirements

    In their applications, all grant applicants must:
     describe the need for grant funds and a plan for 
implementation of any of the 10 purposes areas. Higher Education 
Amendments of 1998, section 826 (b), 20 U.S.C. 1152;
     describe how campus authorities shall consult and 
coordinate with nonprofit and other victim service programs both on 
campus and in the local community, including sexual assault and 
domestic violence victim service programs;
     describe the characteristics of the population being 
served, including type of campus, demographics of the population, and 
the number of students;
     provide measurable goals and expected results from the use 
of grant funds; and
     provide assurances that Federal funds made available under 
this section shall be used to supplement and, to the extent practical, 
increase the level of funds that would, in the absence of Federal 
funds, be made available by the institution for the 10 purpose areas 
set forth in section 826 (b) of the Higher Education Amendments of 
1998. 20 U.S.C. 1152.

Other Requirements

    OJP will require all applicants seeking funds for capital 
improvements to combine these efforts with a broader approach to 
addressing violence against women, consisting of some combination of 
the following: victim service provision or formation of a task force 
whose members include representatives of the institution's 
administration, the athletic department, student organizations such as 
the fraternities and sororities, the women's center, the health center, 
faculty and staff. While security strategies such as increased lighting 
and alarms are important, to be fully effective they must be part of a 
broader coordinated community response that addresses the underlying 
causes of violence against women. All applicants also will be required 
to enter into partnerships with nonprofit, nongovernmental victim 
service providers through formal memoranda of understanding (MOU) 
clearly describing the responsibilities of each partner.

Reporting Requirements

    In addition to semi-annual progress reports, all institutions of 
higher education receiving a grant through this Program are required to 
submit annual performance reports to the Violence Against Women Office 
in the Office of Justice Programs. Funding shall be suspended if an 
institution fails to submit an annual performance report.
    Upon completion of the grant period, the institution shall be 
required to file a performance report with the Violence Against Women 
Office of the Office of Justice Programs, Violence Against Women 
Office, and the U.S. Department of Education's Safe and Drug-Free 
Schools Program, explaining the activities carried out and assessing 
the effectiveness of those activities in achieving the purposes of the 
Program.

Request for Comments

    In an effort to fulfill the letter, as well as the spirit of Title 
VIII, Part E, Section 826 of the Higher Education Amendments of 1998, 
the Violence Against Women Office of the Office of Justice Programs 
seeks comments on all aspects of this Program, consistent with the 
statutory limitations. Comments are being sought on a broad range of 
issues, including but not limited to the topics below.
     The Violence Against Women Office of the Office of Justice 
Programs is seeking comments on any other priority areas that should be 
considered in addition to the statutory purpose areas identified in 
Sec. 90.102 of Subpart E of the regulation set out in the following 
pages.
     For the purposes of this Program, the Violence Against 
Women Office of the Office of Justice Programs is seeking comments on 
whether there are any special needs of diverse campuses with 
underserved populations that should be considered.
     For the purposes of this Program, victims are eligible for 
assistance provided through grant-funded programs if they qualify for 
the types of services provided through rape crisis centers, campus 
women's centers, battered women's shelters, sexual assault and domestic 
violence programs, including campus counseling support and victim 
advocate organizations, campus health centers, and other campus victim 
service providers, consistent with section 826(b)(4), (5) and (8) of 
the Higher Education Amendments of 1998. The Violence Against Women 
Office of the Office of Justice Programs is seeking comments on whether 
this scope of eligibility adequately covers the types of services 
needed by victims.
     For the purposes of this Program, section 826(f) of the 
Higher Education Amendments of 1998 defines the term ``victim 
services'' to mean a nonprofit, nongovernmental organization that 
assists domestic violence or sexual assault victims, including campus 
women's centers, rape crisis centers, battered women's shelters, and 
other sexual assault or domestic violence programs, including campus 
counseling support and victim advocate organizations with domestic 
violence, stalking, and sexual assault programs, whether or not 
organized and staffed by students. This statutory definition excludes 
victim service providers, including women's centers, rape crisis 
centers and other sexual assault and domestic violence programs that 
are established and operated by public institutions of higher 
education. The Violence Against Women Office of the Office of Justice 
Programs is seeking comments on whether and/or how the exclusion of 
programs established and operated by public institutions will affect 
the effectiveness of this Program.
     For the purposes of this Grant Program, the Violence 
Against Women Office of the Office of Justice Programs

[[Page 20095]]

is defining ``students'' to include both full- and part-time students 
enrolled at an institution of higher education; and ``employees'' of 
the institution to include full- and part-time faculty, staff, and 
administrators, as well as temporary and contract employees such as 
visiting professors, and contractors whose primary work duties are on 
campus or at a location that is affiliated with the institution. The 
Violence Against Women Office of the Office of Justice Programs is 
seeking comments on whether or not these definitions adequately cover 
all persons on campuses.
     For the purposes of this Grant Program, ``campus-community 
members'' is defined as including all campus students and employees as 
defined above. The Violence Against Women Office of the Office of 
Justice Programs is seeking comments on whether or not the scope of the 
definition of campus-community members adequately encompasses the types 
of victimizations against women likely to occur in a campus 
environment.
     For the purposes of this Grant Program, victims are 
eligible for services provided through grant funds if they are students 
or employees (as defined above) at the institution. Victims are also 
eligible for services provided through grant funds if the victimization 
took place within the campus community as defined above. In addition, 
victims are eligible for grant-funded services if they are victimized 
by perpetrators who are students, faculty, staff, administrators or 
affiliated in some manner with an entity that is officially recognized 
by the institution of higher education, such as fraternities and 
sororities. Victims are also eligible for grant-funded services if the 
victimization occurred at events associated with campus life, such as 
educational activities, meetings, and social gatherings sponsored by an 
institution of higher education or a group affiliated with an 
institution of higher education. The Violence Against Women Office of 
the Office of Justice Programs is seeking comments on whether or not 
the eligibility criteria for grant-funded services adequately covers 
all types of victims affiliated with institutions of higher education.
     For the purposes of this Grant Program, victim services 
include, but are not limited to, 24-hour hotlines; development of 
safety plans with the victim; transportation to hospitals, medical 
appointments, police stations, prosecutor's offices, court hearings, 
and on- and off-campus service agencies; intervention with professors, 
employers, creditors, and landlords; relocation to another on-campus 
housing facility; provision of new locks and other security devices; 
provision of a new, unlisted telephone number and e-mail address; 
provision of services to victims with disabilities; provision of 
language interpretation services; orientation to the criminal justice 
and the institution's administrative disciplinary systems; written 
information about the institution's administrative disciplinary systems 
and criminal justice systems and options; escort to court, the 
administrative disciplinary hearings, and medical appointments; victim 
notification regarding offender release, case status and outcome; 
assistance with preparation of victim impact statements and restitution 
claims; assistance with insurance and other compensation claims; 
referrals to off-campus counseling; arrangements for and referrals to 
on-campus counseling; and assistance with a transfer to another 
institution of higher education if the victim chooses. For the purposes 
of this Grant Program, ``victim services'' excludes mediation between 
the victim and the offender, and any counseling or other support 
services for the perpetrator. The Violence Against Women Office of the 
Office of Justice Programs is seeking comments on whether or not the 
scope of the proposed grant-funded services adequately covers the needs 
of victims of sexual assault, stalking, and domestic violence.
     For the purposes of this Grant Program, institutions of 
higher education would be required to provide equal information about 
both the administrative disciplinary process and the criminal and civil 
justice process to victims, if available. In no case should less 
information be provided about the criminal and civil justice process 
than about the internal institutional administrative disciplinary 
process in an effort to influence the victim to pursue university 
adjudication of violent crimes against women. If applicable, victims 
should be provided with information about pursuing the matter through 
both the criminal and civil justice systems and the institution's 
administrative disciplinary process simultaneously. The Violence 
Against Women Office of the Office of Justice Programs is seeking 
comments on whether or not this requirement adequately ensures that 
victims receive information about options to seek redress and hold the 
perpetrator accountable through not only internal administrative 
disciplinary processes, but also through the criminal and civil justice 
systems.
     For the purposes of this Grant Program, institutions of 
higher education would be required to establish specific penalties for 
specific crimes, if not already in place (for example, mandatory 
permanent expulsion for criminal justice system convictions or a 
finding of guilt by the campus administrative disciplinary board for 
crimes of domestic violence, stalking, and sexual assault). 
Institutions of higher education also would have to develop means for 
entering permanent notations on the permanent student records or 
employee records of offenders. The Violence Against Women Office of the 
Office of Justice Programs is seeking comments on whether or not these 
requirements will assist in holding offenders accountable adequately.
     For the purposes of this Grant Program, institutions of 
higher education would be required to encourage victims to report 
sexual assault, domestic violence, and stalking to local law 
enforcement authorities and hold offenders accountable through the 
criminal and civil justice systems. Institutions must make every effort 
to facilitate victims' access to the criminal justice system by 
providing information about options; an explanation of how the criminal 
justice system operates; telephone numbers of appropriate law 
enforcement and legal agencies; and transportation to police stations, 
prosecutor's offices, and the courts. The Violence Against Women Office 
of the Office of Justice Programs is seeking comments on whether or not 
these requirements would provide adequate information to victims to 
enable them to make informed decisions about their options to use the 
criminal and civil justice systems.
     For the purposes of this Grant Program, Congress 
appropriated $10 million. To maximize the impact of these limited 
funds, the Violence Against Women Office of the Office of Justice 
Programs is seeking comments on whether the most effective use of these 
funds would be to support a limited number (e.g., 10 to 15) of 
carefully selected demonstration projects, or more numerous, smaller 
grants to a larger number of institutions of higher education.

Administrative Requirements

Executive Order 12866

    This proposed regulation has been drafted and reviewed in 
accordance with Executive Order 12866, section 1(b), Principles of 
Regulation. The

[[Page 20096]]

Office of Justice Programs has determined that this rule is not a 
``significant regulatory action'' under Executive Order 12866, section 
3(f), Regulatory Planning and Review, and accordingly this rule has not 
been reviewed by the Office of Management and Budget.

Executive Order 12612

    This regulation will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with Executive 
Order 12612, it is determined that this rule does not have sufficient 
federalism implications to warrant preparation of a Federalism 
Assessment.

Regulatory Flexibility Act

    The Office of Justice Programs, in accordance with the Regulatory 
Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and by 
approving it certifies that this regulation will not have a significant 
economic impact upon a substantial number of small entities for the 
following reasons: The Grants to Combat Violence Against Women on 
Campuses will be administered by the Office of Justice Programs, and 
any funds distributed under it shall be distributed to institutions of 
higher education, not small entities, and the economic impact is 
limited to the Office of Justice Programs' appropriated funds.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local, and 
Tribal governments, in the aggregate, or by the private sector, of 
$100,000,000 or more in any one year, and it will not uniquely affect 
small governments. Therefore, no actions were deemed necessary under 
the provisions of the Unfunded Mandates Reform Act of 1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by Sec. 804 of the Small 
Business Regulatory Enforcement Fairness Act of 1996. This rule will 
not result in an annual effect on the economy of $100,000,000 or more; 
a major increase in cost or prices; or significant adverse effects on 
competition, employment, investment, productivity, innovation, or on 
the ability of United States-based companies to compete in domestic and 
export markets.

Paperwork Reduction Act

    The collection of information requirements contained in the 
proposed regulation has been submitted to and approved by the Office of 
Management and Budget for review under the Paperwork Reduction Act (44 
U.S.C. 3504(h)).

List of Subjects in 28 CFR Part 90

    Colleges and universities, Crime, Grant programs--Indians, Grant 
programs--law, Grant programs--women, Reporting and recordkeeping 
requirements, Women.

    For the reasons set forth in the preamble, 28 CFR Chapter I is 
proposed to be amended as follows:

PART 90--VIOLENCE AGAINST WOMEN

    1. The authority for part 90 is revised to read as follows:

    Authority: 42 U.S.C. 3711 et seq.; Sec. 826, part E, title VIII, 
Pub. L. 105-244, 112 Stat. 1815.

    2. Part 90 is amended by adding a new Subpart E to read as follows:

Subpart E--Grants to Combat Violent Crimes Against Women on Campuses

Sec.
90.100  What is the scope of the grant program?
90.101  What definitions apply for the grant program?
90.102  What are the purposes of the grant program?
90.103  What are the eligibility requirements for the grant program?
90.104  What must the grant program application contain?
90.105  What are the review criteria for grant program applications?
90.106  What are the grantee reporting requirements for the grant 
program?

Subpart E--Grants To Combat Violent Crimes Against Women on 
Campuses


Sec. 90.100  What is the scope of the grant program?

    This subpart implements the Higher Education Amendments of 1998, 
Part E, Section 826 (Pub. L. 105-244, 112 Stat. 1815), which authorizes 
Federal financial assistance to institutions of higher education to 
work individually or in consortia consisting of campus personnel, 
student organizations, campus administrators, security personnel, and 
regional crisis centers affiliated with the institution for two broad 
purposes: to develop, implement, and strengthen effective security and 
investigation strategies to combat violent crimes against women on 
campuses, including sexual assault, stalking, and domestic violence and 
to develop, enlarge, and strengthen support services for victims of 
sexual assault, stalking, and domestic violence.


Sec. 90.101  What definitions apply for the grant program?

    For the purposes of this subpart, the following definitions apply:
    (a) Domestic violence includes acts or threats of violence 
committed by a current or former spouse of the victim, by a person with 
whom the victim shares a child in common, by a person who is 
cohabitating with or has cohabitated with the victim, by a person 
similarly situated to a spouse of the victim under the domestic or 
family violence laws of the jurisdiction, or by any other person 
against a victim who is protected from that person's acts under the 
domestic or family violence laws of the jurisdiction.
    (b) Institution of higher education is defined to include an 
educational institution in any State that admits as regular students 
only persons having a certificate of graduation from a school providing 
secondary education, or the recognized equivalent of such a 
certificate; is legally authorized within such State to provide a 
program of education beyond secondary education; provides an 
educational program for which the institution has been granted 
preaccreditation status by such an agency or association that has been 
recognized by the Secretary for the granting of preaccreditation 
status, and the Secretary has determined that there is satisfactory 
assurance that the institution will meet the accreditation standards of 
such an agency or association within a reasonable time. Section 101, 
Public Law 105-244, 20 U.S.C. 1001.
    (c) Sexual assault means any conduct proscribed by chapter 109A of 
Title 18, United States Code, whether or not the conduct occurs in the 
special maritime and territorial jurisdiction of the United States or 
in a Federal prison, including both assaults committed by offenders who 
are strangers to the victim and assaults committed by offenders who are 
known or related by blood or marriage to the victim.
    (d) Victim services means a nonprofit, nongovernmental organization 
that assists domestic violence or sexual assault victims, including 
campus women's centers, rape crisis centers, battered women's shelters, 
and other sexual assault or domestic violence programs, including 
campus counseling support and victim advocate organizations with 
domestic violence, stalking, and sexual assault programs, whether or 
not organized and staffed by students.

[[Page 20097]]

Sec. 90.102  What are the purposes of the grant program?

    The purposes of the grant program in this subpart are:
    (a) To provide personnel, training, technical assistance, data 
collection, and other equipment to increase arrests, investigations, 
and adjudication of persons committing violent crimes against women on 
campus;
    (b) To train campus administrators, campus security personnel, and 
campus disciplinary or judicial boards to more effectively identify and 
respond to violent crimes against women on campus, including sexual 
assault, stalking, and domestic violence;
    (c) To implement and operate education programs for prevention of 
violent crimes against women;
    (d) To develop, expand, or strengthen support services programs, 
including medical or psychological counseling, for victims of sexual 
offense crimes;
    (e) To create, disseminate, or otherwise provide assistance and 
information about victims' options on and off campus to bring 
disciplinary or other legal action;
    (f) To develop and implement more effective campus policies, 
protocols, orders, and services to prevent, identify, and respond to 
violent crimes against women on campus, including the crimes of sexual 
assault, stalking, and domestic violence;
    (g) To develop, install, and expand data collection and 
communication systems, including computerized systems, linking campus 
security to the local law enforcement for the purposes of identifying 
and tracking arrests, protection orders, violations of protection 
orders, prosecutions, and convictions with respect to violent crimes 
against women on campus, including sexual assault, stalking, and 
domestic violence;
    (h) To develop, enlarge, or strengthen victim service programs for 
the campus and to improve delivery of victim services on campus;
    (i) To provide capital improvements (including improved lighting 
and communications facilities but excluding the construction of 
buildings) on campuses to address violent crimes against women on 
campus, including the crimes of sexual assault, stalking, and domestic 
violence; and
    (j) To support improved coordination among campus administrators, 
campus security personnel, and local law enforcement to reduce violent 
crimes against women on campus.


Sec. 90.103  What are the eligibility requirements for the grant 
program?

    (a) Eligible grantees are institutions of higher education that are 
in compliance with the campus crime reporting requirements as set forth 
in section 486(e) of the Higher Education Amendments of 1998, as 
amended, Public Law 105-244, 112 Stat. 1741, 20 U.S.C. 1092(f).
    (b) To be eligible for this Grant Program, such institutions of 
higher education referred to in paragraph (a) of this section must:
    (1) Collect crime statistics and information about any campus 
security policies for their respective campuses, and compile such data 
in an annual security report and disseminate it to all current students 
and employees, and, upon request, to any applicant for enrollment or 
employment;
    (2) Include in all annual security reports referred to in paragraph 
(b)(1) of this section information regarding campus security policies 
and campus crime statistics;
    (3) Certify that they have developed and carry out policies 
consistent with the requirements of the Amendment to the Family 
Educational Rights and Privacy Act (FERPA) of 1974, as amended by 
Section 951 of the Higher Education Amendments of 1998 (under FERPA and 
if permissible under State law, an institution of higher education may 
disclose to law enforcement agencies the name of the student who is an 
alleged perpetrator of any crime of violence or a nonforcible sex 
offense, as well as his or her offense and any sanctions imposed upon 
him or her as a result of campus disciplinary proceedings conducted by 
the institution. FERPA permits such disclosure only after a student has 
been found to have been in violation of the institution's rules or 
policies. Moreover, FERPA, as amended by Section 951 of the Higher 
Education Amendments of 1998, prohibits such disclosures by 
institutions of higher education unless the victim(s) and/or 
witness(es) provide their written consent.);
    (4) Disclose to law enforcement information permitted under FERPA 
provided that it is consistent with State law, but only if the victim 
requests or agrees to the disclosure;
    (5) Certify that they have, or plan to develop within 60 days of 
receipt of grant funds, written policies prohibiting the disclosure of 
a victim's or a witness' name, address, telephone number, or any other 
identifying information without the prior voluntary written consent of 
the victim or witness;
    (6) Forward copies of policies referred to in paragraph (b)(4) of 
this section to the Violence Against Women Office of the Office of 
Justice Programs with their grant applications, or if no such policies 
have been developed, must include written assurances in their grant 
application that within 60 days of receipt of a grant award, they will 
develop written policies and forward copies of these policies to the 
Violence Against Women Office of the Office of Justice Programs;
    (7) Certify that policies referred to in paragraph (b)(4) of this 
section have been developed in close collaboration with campus-based or 
community-based victim service programs; and
    (8) Enter into partnerships with nonprofit, nongovernmental victim 
service providers through formal memoranda of understanding (MOU) 
clearly describing the responsibilities of each partner.


Sec. 90.104  What must the grant program application contain?

    (a) Format. Applications from institutions of higher education must 
be submitted on Standard Form 424, Application for Federal Assistance, 
at a time designated by the Violence Against Women Office of the Office 
of Justice Programs. The Violence Against Women Office of the Office of 
Justice Programs will develop and disseminate to institutions of higher 
education and other interested parties a complete Application Kit, 
which will include a Standard Form 424, a list of assurances to which 
applicants must agree, and additional guidance on how to prepare and 
submit an application for grants under this Subpart. Complete 
application kits will be available from: The Violence Against Women 
Office, Office of Justice Programs, 810 Seventh Street, N.W., 
Washington, D.C. 20531. Telephone: (202) 307-6026.
    (b) Programs. Applications must set forth programs and projects 
that meet the purposes and criteria of the Grants to Combat Violent 
Crimes Against Women on Campuses set out in Secs. 90.102 and 90.103.
    (c) Requirements. Applicants in their applications must, at a 
minimum:
    (1) Describe the need for grant funds and a plan for implementation 
of any of the 10 purpose areas set forth in section 826 (b) of the 
Higher Education Amendments of 1998, Public Law 105-244, 112 Stat. 1816 
(20 U.S.C. 1152);
    (2) Describe how campus authorities shall consult and coordinate 
with nonprofit and other victim service programs, including sexual 
assault and domestic violence victim service programs;
    (3) Describe the characteristics of the population being served, 
including type of campus, demographics of the population, and the 
number of students;

[[Page 20098]]

    (4) Provide measurable goals and expected results from the use of 
grant funds;
    (5) Provide assurances that Federal funds made available under this 
section shall be used to supplement and, to the extent practical, 
increase the level of funds that would, in the absence of Federal 
funds, be made available by the institution for the 10 purposes as set 
forth in section 826 (b) of the Higher Education Amendments of 1998, 
Pub. L. 105-244, 112 Stat. 1816 (20 U.S.C. 1152);
    (6) Identify the agency or office or groups of agencies or offices 
responsible for carrying out the Program; and
    (7) Include documentation from nonprofit, nongovernmental sexual 
assault and domestic violence victims' programs demonstrating their 
participation in developing the application, and explain how these 
groups will be involved in the development and implementation of the 
project.
    (d) Certifications. (1) Each institution of higher education 
applying for grant funds must be in compliance with the eligibility 
requirements set out in Sec. 90.103.
    (2) Each institution of higher education applying for grant funds 
must certify that it has developed policies consistent with the 
requirements of the Amendment to the Family Educational Rights and 
Privacy Act (FERPA) of 1974, at Section 951 of the Higher Education 
Amendments of 1998, Public Law 105-244, 112 Stat. 1835.
    (3) Each institution of higher education applying for grant funds 
must certify that it has, or plans to develop within 60 days of receipt 
of grant funds, written policies prohibiting the disclosure of a 
victim's or a witness' name, address, telephone number, or any other 
identifying information without the prior voluntary written consent of 
the victim or witness.
    (4) Each institution of higher education applying for grant funds 
is required to forward copies of these policies to the Violence Against 
Women Office of the Office of Justice Programs with their grant 
application, or if no such policies have been developed, institutions 
must include written assurances in their grant application that within 
60 days of receipt of a grant award, they will develop written policies 
and forward copies of these policies to the Violence Against Women 
Office of the Office of Justice Programs.
    (5) Each institution of higher education applying for grant funds 
must certify that policies referred to in paragraph (d)(4) of this 
section have been developed in close collaboration with campus-based or 
community-based victim service programs.
    (6) Each institution of higher education applying for grant funds 
must certify that all the information contained in the application is 
correct. All submissions will be treated as a material representation 
of fact upon which reliance will be placed, and any false or incomplete 
representation may result in suspension or termination of funding, 
recovery of funds provided, and civil and/or criminal sanctions.


Sec. 90.105  What are the review criteria for grant program 
applications?

    (a) Equitable participation and geographic distribution. In 
accordance with Section 826(a)(3) of the Higher Education Amendments of 
1998, Public Law 105-244, 112 Stat. 1816, every effort shall be made to 
ensure:
    (1) The equitable participation of private and public institutions 
of higher education in the activities assisted under this subpart; and
    (2) The equitable geographic distribution of grants funded through 
this subpart among the various regions of the United States.
    (b) Additional review criteria. Priority shall be given to 
applicants that demonstrate a commitment to developing strong 
collaborative models for developing services that are victim-centered; 
policies, protocols and penalties that hold offenders accountable; and 
programs that educate the entire campus community about how to end and 
prevent violence against women through systemic change. Commitment may 
be demonstrated in a number of ways including: clear communication from 
the institution's top leadership that strong responses to and 
prevention of violence against women is a priority; development and 
vigorous enforcement of campus policies and adherence to local laws 
addressing violence against women; creation of coordinated, 
multidisciplinary task forces that include at a minimum both campus and 
community-based victim service providers and campus security personnel 
and local law enforcement; innovative approaches to educating the 
entire campus community, including faculty, staff, administration, and 
students; provision of training and education programs to campus 
security personnel, others in positions of authority, and campus victim 
service providers; development of resource materials and information on 
violence against women; and innovative dissemination strategies for 
communicating information about the identification of violence against 
women, its underlying causes, and the consequences of committing 
violent crimes against women.
    (c) Intergovernmental review. This grant program is covered by 
Executive Order 12372, Intergovernmental Review of Federal Programs (3 
CFR, 1982 Comp., p. 197), and implementing regulations at 28 CFR Part 
30. A copy of the application submitted to the Violence Against Women 
Office of the Office of Justice Programs should also be submitted at 
the same time to the State's Single Point of Contact, if there is a 
Single Point of Contact.


Sec. 90.106  What are the grantee reporting requirements for the grant 
program?

    (a) Semi-annual progress reports and annual performance reports. 
Each grantee receiving funds under this subpart shall submit semi-
annual progress reports and an annual performance report to the 
Attorney General (Office of Justice Programs, Violence Against Women 
Office). Funding shall be suspended if a grantee fails to submit an 
annual performance report.
    (b) Final performance report. Upon completion of the grant period, 
the institution shall be required to file a final performance report to 
the Attorney General (Office of Justice Programs, Violence Against 
Women Office) and the Secretary of Education (U.S. Department of 
Education's Safe and Drug Free Schools Program) explaining the 
activities carried out under this Subpart along with an assessment of 
the effectiveness of those activities in achieving the purposes set 
forth previously.

    Note: The following exhibits will not appear in the Code of 
Federal Regulations.

Exhibit A to Preamble--Excerpts From Section 204 of the Student 
Right-to-Know and Campus Security Act, as Amended by Section 486(f) 
of the Higher Education Amendments of 1998

    Relevant sections of the campus crime reporting requirements set 
forth in the Student Right-To-Know and Campus Security Act, as 
amended by the section 486(e) of the Higher Education Amendments of 
1998, 20 U.S.C. 1092(f),1 mandate the following:
---------------------------------------------------------------------------

    \1\ Note: The official version of section 486(e) of Public Law 
105-244 appears at 112 Stat. 1742.
---------------------------------------------------------------------------

    (f) Disclosure of campus security policy and campus crime 
statistics
    (1) Each eligible institution participating in any program under 
this subchapter and part C of subchapter I of chapter 34 of Title 42 
shall on August 1, 1991, begin to collect the following information 
with respect to campus crime statistics and campus security policies 
of that institution, and beginning September 1, 1992, and each year 
thereafter,

[[Page 20099]]

prepare, publish, and distribute, through appropriate publications 
or mailings, to all current students and employees, and to any 
applicant for enrollment or employment upon request, an annual 
security report containing at least the following information with 
respect to the campus security policies and campus crime statistics 
of that institution:
    (A) 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 such reports.
    (B) A statement of current policies concerning security and 
access to campus facilities, including campus residences, and 
security considerations used in the maintenance of campus 
facilities.
    (C) 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
    (ii) policies which encourage accurate and prompt reporting of 
all crimes to the campus police and the appropriate police agencies.
    (D) 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.
    (E) A description of programs designed to inform students and 
employees about the prevention of crimes.
    (F) Statistics concerning the occurrence on campus, in or on 
noncampus buildings or property, and on public property during the 
most recent calendar year, and during the 2 preceding calendar years 
for which data are available--
    (i) Of the following criminal offenses reported to campus 
security authorities or local police agencies:

(I) murder;
(II) sex offenses, forcible or nonforcible;
(III) robbery;
(IV) aggravated assault;
(V) burglary;
(VI) motor vehicle theft;
(VII) manslaughter;
(VIII) arson; and
(IX) arrests or persons referred for campus disciplinary action for 
liquor law violations, drug-related violations, and weapons 
possession; and

    (ii) Of the crimes described in subclauses (I) through (VIII) of 
clause (i), and other crimes involving bodily injury to any person 
in which the victim is intentionally selected because of the actual 
or perceived race, gender, religion, sexual orientation, ethnicity, 
or disability of the victim that are reported to campus security 
authorities or local police agencies, which data shall be collected 
and reported according to category of prejudice.
    (G) A statement of policy concerning the monitoring and 
recording through local police agencies of criminal activity at off-
campus student organizations which are recognized by the institution 
and that are engaged in by students attending the institution, 
including those student organizations with off-campus housing 
facilities.
    (H) A statement of policy regarding the possession, use, and 
sale of alcoholic beverages and enforcement of State underage 
drinking laws and a statement of policy regarding the possession, 
use, and sale of illegal drugs and enforcement of Federal and State 
drug laws and a description of any drug or alcohol abuse education 
programs as required under Section 1011i of this title.
    (2) Nothing in this subsection shall be construed to authorize 
the Secretary to require particular policies, procedures, or 
practices by institutions of higher education with respect to campus 
crimes or campus security.
    (3) Each institution participating in any program under this 
subchapter and part C of subchapter I of chapter 34 of Title 42 
shall make timely reports to the campus community on crimes 
considered to be a threat to other students and employees described 
in paragraph (1)(F) that are reported to campus security or local 
law police agencies. Such reports shall be provided to students and 
employees in a manner that is timely and that will aid in the 
prevention of similar occurrences.
    (4)(A) Each institution participating in any program under this 
subchapter [20 U.S.C.A. 1070 et seq.] and part C of subchapter I of 
chapter 34 of Title 42 [42 U.S.C.A. 2751 et seq.] that maintains a 
police or security department of any kind shall make, keep, and 
maintain a daily log, written in a form that can be easily 
understood, recording all crimes reported to such police or security 
department, including--
    (i) The nature, date, time, and general location of each crime; 
and
    (ii) The disposition of the complaint, if known.
    (B)(i) All entries that are required pursuant to this paragraph 
shall, except where disclosure of such information is prohibited by 
law or such disclosure would jeopardize the confidentiality of the 
victim, be open to public inspection within two business days of the 
initial report being made to the department or a campus security 
authority.
    (ii) If new information about an entry into a log becomes 
available to a police or security department, then the new 
information shall be recorded in the log not later than two business 
days after the information becomes available to the police or 
security department.
    (iii) If there is clear and convincing evidence that the release 
of such information would jeopardize an ongoing criminal 
investigation or the safety of an individual, cause a suspect to 
flee or evade detection, or result in the destruction of evidence, 
such information may be withheld until that damage is no longer 
likely to occur from the release of such information.
    (5) On an annual basis, each institution participating in any 
program under this subchapter and part C of subchapter I of chapter 
34 of Title 42 [42 U.S.C.A. 2751 et seq.] shall submit to the 
Secretary a copy of the statistics required to be made available 
under paragraph (1)(F). The Secretary shall--
    (A) Review such statistics and report to the Committee on 
Education and the Workforce of the House of Representatives and the 
Committee on Labor and Human Resources of the Senate on campus crime 
statistics by September 1, 2000;
    (B) Make copies of the statistics submitted to the Secretary 
available to the public; and
    (C) In coordination with representatives of institutions of 
higher education, identify exemplary campus security policies, 
procedures, and practices and disseminate information concerning 
those policies, procedures, and practices that have proven effective 
in the reduction of campus crime.
    (6)(A) In this subsection:
    (i) The term ``campus'' means--
    (I) Any building or property owned or controlled by an 
institution of higher education within the same reasonably 
contiguous geographic area of the institution and used by the 
institution in direct support of, or in a manner related to, the 
institution's educational purposes, including residence halls; and
    (II) Property within the same reasonably contiguous geographic 
area of the institution that is owned by the institution but 
controlled by another person, is used by students, and supports 
institutional purposes (such as a food or other retail vendor).
    (ii) The term ``noncampus building or property'' means--
    (I) Any building or property owned or controlled by a student 
organization recognized by the institution; and
    (II) Any building or property (other than a branch campus) owned 
or controlled by an institution of higher education that is used in 
direct support of, or in relation to, the institution's educational 
purposes, is used by students, and is not within the same reasonably 
contiguous geographic area of the institution.
    (iii) The term ``public property'' means all public property 
that is within the same reasonably contiguous geographic area of the 
institution, such as a sidewalk, a street, other thoroughfare, or 
parking facility, and is adjacent to a facility owned or controlled 
by the institution, if the facility is used by the institution in 
direct support of, or in a manner related to the institution's 
educational purposes.
    (B) In cases where branch campuses of an institution of higher 
education, schools within an institution of higher education, or 
administrative divisions within an institution are not within a 
reasonably contiguous geographic area, such entities shall be 
considered separate campuses for purposes of the reporting 
requirements of this section.
    (7) The statistics described in paragraph (1)(F) shall be 
compiled in accordance with the definitions used in the uniform 
crime reporting system of the Department of Justice, Federal Bureau 
of Investigation, and the modifications in such definitions as 
implemented pursuant to the Hate Crime Statistics Act. Such 
statistics shall not identify victims of crimes or persons accused 
of crimes.
    (8)(A) Each institution of higher education participating in any 
program under this subchapter and part C of subchapter I of chapter 
34 of Title 42 shall develop and distribute as part of the report 
described in paragraph (1) a statement of policy regarding--

[[Page 20100]]

    (i) Such institution's campus sexual assault programs, which 
shall be aimed at prevention of sex offenses; and
    (ii) The procedures followed once a sex offense has occurred.
    (B) The policy described in subparagraph (A) shall address the 
following areas:
    (i) Education programs to promote the awareness of rape, 
acquaintance rape, and other sex offenses.
    (ii) Possible sanctions to be imposed following the final 
determination of an on-campus disciplinary procedure regarding rape, 
acquaintance rape, or other sex offenses, forcible or nonforcible.
    (iii) Procedures students should follow if a sex offense occurs, 
including who should be contacted, the importance of preserving 
evidence as may be necessary to the proof of criminal sexual 
assault, and to whom the alleged offense should be reported.
    (iv) Procedures for on-campus disciplinary action in cases of 
alleged sexual assault, which shall include a clear statement that--
    (I) The accuser and the accused are entitled to the same 
opportunities to have others present during a campus disciplinary 
proceeding; and
    (II) Both the accuser and the accused shall be informed of the 
outcome of any campus disciplinary proceeding brought alleging a 
sexual assault.
    (v) Informing students of their options to notify proper law 
enforcement authorities, including on-campus and local police, and 
the option to be assisted by campus authorities in notifying such 
authorities, if the student so chooses.
    (vi) Notification of students of existing counseling, mental 
health or student services for victims of sexual assault, both on 
campus and in the community.
    (vii) Notification of students of options for, and available 
assistance in, changing academic and living situations after an 
alleged sexual assault incident, if so requested by the victim and 
if such changes are reasonably available.
    (C) Nothing in this paragraph shall be construed to confer a 
private right of action upon any person to enforce the provisions of 
this paragraph.
    (9) The Secretary shall provide technical assistance in 
complying with the provisions of this section to an institution of 
higher education who requests such assistance.
    (10) Nothing in this Section shall be construed to require the 
reporting or disclosure of privileged information.
    (11) The Secretary shall report to the appropriate committees of 
Congress each institution of higher education that the Secretary 
determines is not in compliance with the reporting requirements of 
this subsection.
    (12) For purposes of reporting the statistics with respect to 
crimes described in paragraph (1)(F), an institution of higher 
education shall distinguish, by means of separate categories, any 
criminal offenses that occur--

(A) on campus;
(B) in or on a noncampus building or property;
(C) on public property; and
(D) in dormitories or other residential facilities for students on 
campus.

    (13) Upon a determination pursuant to section 1094(c)(3)(B) of 
this title that an institution of higher education has substantially 
misrepresented the number, location, or nature of the crimes 
required to be reported under this Subsection, the Secretary shall 
impose a civil penalty upon the institution in the same amount and 
pursuant to the same procedures as a civil penalty is imposed under 
section 1094(c)(3)(B) of this title.
    (14) (A) Nothing in this Subsection may be construed to--
    (i) Create a cause of action against any institution of higher 
education or any employee of such an institution for any civil 
liability; or
    (ii) Establish any standard of care.
    (B) Notwithstanding any other provision of law, evidence 
regarding compliance or noncompliance with this subsection shall not 
be admissible as evidence in any proceeding of any court, agency, 
board, or other entity, except with respect to an action to enforce 
this subsection.
* * * * *

Exhibit B to Preamble--Excerpts From the Family Educational Rights 
and Privacy Act of 1974, 20 U.S.C. 1232g(b), as Amended by Section 
951 of the Higher Education Amendments of 1998

    Relevant sections of the Family Educational Rights and Privacy 
Act of 1974, 20 U.S.C. 1232g(b), as amended by Section 951 of the 
Higher Education Amendments of 1998, 112 Stat. 1835,1 
state the following:
---------------------------------------------------------------------------

    \1\ Note: The official version of section 951 of Public Law 105-
244 appears at 112 Stat. 1835.
---------------------------------------------------------------------------

* * * * *
    ``(B) Nothing in this section shall be construed to prohibit an 
institution of postsecondary education from disclosing the final 
results of any disciplinary proceeding conducted by such institution 
against a student who is an alleged perpetrator of any crime of 
violence (as that term is defined in Section 16 of Title 18, United 
States Code), or a nonforcible sex offense, if the institution 
determines as a result of that disciplinary proceeding that the 
student committed a violation of the institution's rules or policies 
with respect to such crime or offense.
    ``(C) For the purpose of this paragraph, the final results of 
any disciplinary proceeding--
    ``(i) Shall include only the name of the student, the violation 
committed, and any sanction imposed by the institution on that 
student; and
    ``(ii) May include the name of any other student, such as a 
victim or witness, only with the written consent of that other 
student.''.
* * * * *
    Dated: April 15, 1999.
Laurie Robinson,
Assistant Attorney General, Office of Justice Programs.
[FR Doc. 99-9949 Filed 4-22-99; 8:45 am]
BILLING CODE 4410-18-P