Student Assistance General Provisions; Campus Safety

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