Grants To Combat Violent Crimes Against Women on Campuses

SUMMARY: The Violence Against Women Office, Office of Justice Programs,

U.S. Department of Justice, is publishing final 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 hostile

environment for women on campuses. Therefore, the higher education

community must address not only the actual incidents and consequences,

but also the underlying causes of violence against women.

EFFECTIVE DATE: This regulation is effective July 22, 1999.

FOR FURTHER INFORMATION CONTACT: Preet Kang, Senior Associate, Violence

Against Women Office, Office of Justice Programs, 810 Seventh Street,

NW, Washington, DC 20531. Telephone: (202) 307-6026.

SUPPLEMENTARY INFORMATION: On April 23, 1999, the Violence Against

Women Office (VAWO) of the Office of Justice Programs (OJP) published

proposed regulations in the Federal Register at 64 FR 20091, 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.

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

sought comments on all aspects of this Program, consistent with the

statutory limitations. Comments were specifically solicited regarding,

but not limited to, the following issues:

1. The Violence Against Women Office of the Office of Justice

Programs sought comments on 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.

2. For the purposes of this Program, the Violence Against Women

Office of the Office of Justice Programs sought comments on whether

there are any special needs of diverse campuses with underserved

populations that should be considered.

3. 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 sections 826(b)(4), (5) and (8) of

the Higher Education Amendments of 1998. The Violence Against Women

Office of the Office of Justice Programs sought comments on whether

this scope of eligibility adequately covered the types of services

needed by victims.

4. 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 sought comments

on whether and/or how the exclusion of programs established and

operated by public institutions would affect the effectiveness of this

Program.

5. For the purposes of this Grant Program, the Violence Against

Women Office of the Office of Justice Programs 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 sought comments on whether or

not these definitions adequately covered all persons on campuses.

6. 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 sought comments on whether or not the scope of the

definition of campus-community members adequately encompassed the types

of victimizations against women likely to occur in a campus

environment.

7. 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

[[Page 39775]]

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 sought comments on whether or not the eligibility criteria for

grant-funded services adequately covered all types of victims

affiliated with institutions of higher education.

8. 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 sought comments on whether or not the scope

of the proposed grant-funded services adequately covered the needs of

victims of sexual assault, stalking, and domestic violence.

9. 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 sought 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.

10. 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 sought comments on whether or not these

requirements will assist in holding offenders accountable adequately.

11. 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 sought 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.

12. 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 sought

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.

The Violence Against Women Office received a total of 32 sets of

comments on the proposed regulations from 17 organizations and

individuals. The respondent organizations and individuals consisted of:

12 public institutions of higher education; a private institution of

higher education; a national campus crime organization; a Member of

Congress; a county health agency; and a Federal agency. The Violence

Against Women Office thanks these organizations and individuals for

sharing their views. These comments are on file in the Violence Against

Women Office.

In preparing the Final Rule, the Violence Against Women Office

considered all comments that it received, and has interpreted the scope

of the Program as broadly as possible, while adhering closely to the

letter and spirit of the Congressional legislation. Language contained

in this final rule has been modified to reflect consideration of the

comments. The 32 sets of comments provided by the 17 respondents are

delineated and addressed.

Comment Set #1: Four respondents, consisting of one national campus

crime organization, one Federal government agency, one public

institution of higher education, and one Member of Congress, commented

on the Grant Program's requirements related to the Family Educational

Rights and Privacy Act of 1974 (FERPA), as amended by Public Law 105-

244, 112 Stat. 1835, section 951 of the Higher Education Amendments of

1998. These four respondents recommended that victim consent should not

be required before public disclosure of offender information. A fifth

respondent from a

[[Page 39776]]

public higher education institution commented more generally on the

difficulty of obtaining a student's class schedule from institutions of

higher education.

Response #1: The final rule at Sec. 90.103(b)(3) has been modified,

and the proposed rule formerly denoted at Sec. 90.103(4) has been

deleted. These changes were made from the proposed rule so as to be

consistent with the requirements of FERPA, as amended by Section 951 of

the Higher Education Amendments of 1998. To be eligible for this Grant

Program, institutions of higher education must certify that they are in

compliance with FERPA.

Comment Set #2: Three comments were received regarding the

requirement that eligible applicants must have or institute a policy

prohibiting the release of a victim's or a witness' name and other

identifying information without their consent. Commenters, which

consisted of one national campus crime organization and two public

higher education institutions, expressed concern that this requirement

may conflict with applicable State laws.

Response #2: Provisions of the proposed regulations, formerly

denoted as Secs. 90.103 (b)(5), (b)(6), and (b)(7), under the proposed

rule, dealt with certifying that grant recipients have or plan to

develop written policies prohibiting the disclosure of a victim's or

witness' identifying information without prior voluntary written

consent. As a result of the concerns expressed by the commenters, this

proposed regulatory provision has been removed.

Comment Set #3: One respondent, a national campus crime

organization, recommended that applicants be required to disclose the

number of rapes reported to counseling centers during the previous

three years.

Response #3: Victims seek assistance from counseling centers with

the belief that all information related to this contact will be kept

confidential. If counseling centers are unable to provide such

assurances, it will deter victims from contacting counseling centers

when they have been assaulted or abused. Even if centers are merely

required to disclose the number of rapes, on many campuses, the

identity of the victims could be easily determined. Requiring

counseling centers to collect and disclose such information would

prevent them from serving their true purpose--assisting victims in the

recovery process.

Comment Set #4: One respondent, a national campus crime

organization, recommended that to be eligible for this Grant Program,

applicants be required to conduct an independent audit to verify that

institutions of higher education are in compliance with the campus

crime reporting requirements 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).

Response #4: The Violence Against Women Office is requiring all

applicants to certify that they are in compliance with the campus crime

reporting requirements of the Higher Education Amendments of 1998.

However, an independent audit is not programmatically necessary or

warranted by legislative intent.

Comment Set #5: One respondent, a national campus crime

organization, recommended that institutions of higher education be

required to provide victims with more information about the criminal

justice system than about internal administrative disciplinary

procedures because of the former's complexity.

Response #5: In the Fiscal Year 1999 solicitation for the Grant

Program, applicants will be strongly encouraged to provide extensive

information about both the criminal justice system and internal

administrative proceedings to enable victims to make informed

decisions.

Comment Set #6: Eight respondents, consisting of a national campus

crime organization and seven public institutions of higher education,

suggested that ``victim services'' as defined by section 826(f) of the

Higher Education Amendments of 1998 be modified so that it does not

exclude victim service providers at public higher education

institutions.

Response #6: Because ``victim services'' is statutorily defined and

mandated, the suggested modifications cannot be incorporated into this

final rule. Consistent with the vision guiding all efforts supported by

the Violence Against Women Office, all applicants will be required to

collaborate with private, non-profit victim service providers to

develop coordinated community responses to violence against women on

campuses. The Fiscal Year 1999 solicitation will also clarify that

campus-based victim service providers should be part of any coordinated

campus response to violence against women.

Comment Set #7: Three respondents--one private institution of

higher education and two public institutions of higher education--

supported the proposition that grants be awarded to support a few,

large demonstration programs, while three others from public higher

education institutions recommended awarding mid-sized grants to more

institutions and another two respondents--a national campus crime

organization and one public university--proposed awarding numerous

smaller grants. One respondent from a public university recommended

funding a combination of two or three large demonstration grants and

awarding the remainder of the funds to support numerous smaller grants.

One group of respondents from a public university could not reach

agreement on this issue, while another response from a public

university was unclear.

Response #7: Based on these comments, the Violence Against Women

Office plans to award a mix of large and mid-sized grants in Fiscal

Year 1999.

Comment Set #8: Two respondents from public universities

recommended that higher education institutions not be required to

impose specific sanctions for specific offenses.

Response #8: After carefully considering these comments, the

Violence Against Women Office has decided to adopt these

recommendations. Institutions of higher education will not be required

to impose specific sanctions for specific crimes, but will be

encouraged to impose serious sanctions on perpetrators of sexual

assault, stalking, and domestic violence.

Comment Set #9: One respondent from a public university recommended

that victims should be eligible for grant-funded services if they are

victimized at a function that is not an officially sanctioned event or

a campus life associated event but is held in close proximity to the

campus and an informal association can be inferred.

Response #9: Victims are eligible for services provided through

grant funds if the victimization took place within the campus

community, which is defined as including all campus students and

employees. In addition, victims are eligible for grant-funded services

if they are victimized by students, faculty, staff, administrators or

someone affiliated in some manner with an entity that is officially

recognized by the institution of higher education, such as fraternities

and sororities.

Comment Set #10: One respondent from a county health department

recommended requiring the involvement of libraries in programs funded

by the Grant Program.

Response #10: This recommendation has been incorporated into the

Fiscal Year 1999 solicitation for the Grant Program by encouraging

institutions of higher education to consider library administrators as

potential partners in the development of coordinated campus

[[Page 39777]]

and community responses to violence against women.

Comment Set #11: One respondent from a public university indicated

that the regulation was too heavily oriented toward directing victims

to the criminal justice system, under the assumption that criminal

justice professionals have adequate training to respond effectively to

sexual assault cases. The respondent requested clarification on whether

funds provided under this Grant Program could be used to educate county

prosecutors about effective prosecutions of such cases.

Response #11: In developing this regulation, the Violence Against

Women Office followed Congressional intent as specified in the statute.

The statute explicitly authorizes the Attorney General to make grants

to institutions of higher education to develop and strengthen effective

security and investigation strategies to combat violent crimes against

women on campuses and to develop and strengthen victim services in

cases involving violent crimes against women on campuses. In the Fiscal

Year 1999 solicitation for the Grant Program, grant recipients will be

required to develop coordinated community responses to violence against

women by collaborating with both local nonprofit, nongovernmental

victim advocacy organizations and one or more criminal justice and

civil legal agencies, including local prosecutors.

Comment Set #12: One respondent from a public university requested

clarification on whether funds through the Grant Program can be used to

duplicate and distribute a sexual assault handbook to the broader

community.

Response #12: Section 826 of the Higher Education Amendments of

1998 directs the Attorney General to award 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; and to develop and strengthen victim

services in cases involving violent crimes against women on campuses.

Further, the Violence Against Women Office is requiring all grant

applicants to develop coordinated community responses to violence

against women on campuses in partnership with community-based

nonprofit, nongovernmental victim service providers and criminal

justice and civil legal agencies. The Violence Against Women Office

recognizes the importance of educating the entire community about

violence against women. However, the Congressional intent as reflected

in the statutory language is that the primary beneficiaries of these

grant funds would be the campus population. To the extent that campuses

are inextricably linked to the broader community, products intended

primarily for a campus population could be made available to the larger

community, secondarily.

Comment Set #13: One respondent from a public university requested

clarification on whether or not self-defense training for women

students qualified for funding under the regulation denoted as

Sec. 90.102(c) under the proposed and final rules, which indicates that

grant funds may be used to implement and operate education programs for

prevention of violent crimes against women.

Response #13: The Violence Against Women Office is requiring

applicants to develop comprehensive, coordinated responses to violence

against women on campuses. Accordingly, prevention strategies, such as

self defense classes, must be part of a broader approach that addresses

the underlying causes of sexual assault, domestic violence, and

stalking on campus.

Comment Set #14: One respondent from a public university requested

clarification on the eligibility of a Victim Witness Assistance program

that is housed in the prosecutor's office and an education and survivor

advocacy program housed in a State mental health facility for receiving

funds under the Grant Program.

Response #14: Consistent with Sec. 826 of the Higher Education

Amendments of 1998, eligibility for the Grant Program is limited to

institutions of higher education who are in compliance with all

applicable requirements of the Higher Education Amendments of 1998. In

the Fiscal Year 1999 solicitation for the Grant Program, grant

recipients will be required to develop coordinated community responses

to violence against women involving partnerships with both nonprofit,

nongovernmental victim service providers and at least one criminal

justice or civil legal agency, including the prosecutor's office.

Comment Set #15: One respondent from a public university requested

clarification as to whether, under Sec. 90.102 (a) of the proposed and

final rules, grant funds could be used to collect data for ongoing,

existing research efforts such as interviews with survivors of sexual

violence on college campuses to determine why they chose to use the

campus judiciary and not the criminal justice process.

Response #15: The relevant regulatory provision, Sec. 90.102 (a)

stipulates that funds can be used 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. Accordingly, the Violence Against Women

Office believes that data collection for research purposes as

envisioned by the respondent falls outside the scope of the statute.

Comment Set #16: One respondent from a public university requested

clarification of the use of Grant Program funds to document the impact

of existing campus programs.

Response #16: The regulatory provision at Sec. 90.104 (c)(4)

requires applicants to provide measurable goals and expected results

from programs funded through the Grant Program, not existing campus

programs.

Comment Set #17: Two respondents from public universities proposed

that grants be awarded for larger sums of money for a longer period,

such as five years, and one of the respondents further recommended that

applicants be asked to demonstrate their capacity to sustain the

program over time.

Response #17: Based on the comments received, the Violence Against

Women Office is planning to award a range of mid-sized to large grants

for up to two years. Given the limited amount of funds, the Violence

Against Women Office is unable to commit to awarding grants for longer

periods. Regarding the sustainability issue, the Violence Against Women

Office strongly encourages all applicants to include program strategies

for sustaining the program beyond the grant period and to commit

matching funds to the program as a demonstration of ongoing commitment

to sustain the effort.

Comment Set #18: One respondent from a public university suggested

that educational programs, training programs, and expansion of support

services aimed at reducing violent crimes should be considered integral

components of a prevention program.

Response #18: In the Fiscal Year 1999 solicitation for the Grant

Program, the Violence Against Women Office lists prevention programs as

one of the priority areas that the office is particularly interested in

supporting. Under this special interest category, the Office envisions

supporting projects that are designed to address the underlying causes

of violence against women through comprehensive training, education and

other related efforts for the entire campus community.

Comment Set #19: One respondent from a public university suggested

that there be a strong focus on evaluation,

[[Page 39778]]

including consideration of program design and replication in other

settings.

Response #19: In the Fiscal Year 1999 solicitation for this Grant

Program, the Violence Against Women Office is requiring programs to set

aside funds for program evaluations that are practitioner-driven and

conducted by those who are knowledgeable about violence against women

issues.

Comment Set #20: One respondent from a public university

recommended that grant funding under this rule be provided to support

one year planning grants to enable applicants to develop stronger

applications.

Response #20: After serious consideration, the Violence Against

Women Office has modified the Fiscal Year 1999 solicitation to require

applicants to include a planning phase in their proposal.

Comment Set #21: One respondent from a public institution of higher

education recommended that funds through the Grant Program be allowed

for the development of an offender program that confronts perpetrators

of violence against women.

Response #21: The Violence Against Women Office is unable to adopt

this recommendation as it is beyond the statutory scope of Sec. 826 of

the Higher Education Amendments of 1998, the Grants to Combat Violent

Crimes Against Women on Campuses.

Comment Set #22: One respondent from a private university

recommended that the definition of ``campus-community members'' be

expanded to include wives of international students so that these

spouses can be included in prevention programs as well.

Response #22: For the purposes of this Grant Program, spouses and

intimate partners of students, faculty, staff, and administrators may

be considered part of the ``campus-community.''

Comment Set #23: One respondent from a private university suggested

that educating women about information gathering through technology

should be a priority area.

Response #23: In its Fiscal Year 1999 solicitation for the Grant

Program, the Violence Against Women Office has included prevention

programs as one of its priority areas that it is particularly

interested in supporting. Applicants are encouraged to educate the

entire campus-community about violence against women. Prevention

programs could include information about the uses of new technologies

in perpetrating, as well as responding to, these crimes and the steps

that can be taken to prevent such crimes.

Comment Set #24: One recommendation from a private university was

received concerning using Grant Program funds to support counseling and

other support programs as part of an ``early identification and

intervention'' effort.

Response #24: Grant Program funds may be used to support prevention

programs that include providing information about warning signs and

other identifiers of potential perpetrators of violence against women.

Comment Set #25: One comment from a respondent at a public

university was received suggesting that projects funded through the

Grant Program provide services to victims of verbal and psychological

abuse.

Response #25: Collaboration with nonprofit, nongovernmental victim

service providers is required by the Violence Against Women Office. The

Fiscal Year 1999 solicitation for the Grant Program includes

comprehensive victim advocacy programs as a special interest category.

Such programs could include assisting victims of various types of

abuse.

Comment Set #26: One public university respondent recommended that

the definition of domestic violence be expanded to include dating

violence and Grant Program funds be made available to address this

violence.

Response #26: Domestic violence is statutorily defined for this

Grant Program and includes dating violence in States in which domestic

or family violence statutes include dating violence. In addition, the

Fiscal Year 1999 solicitation for this Grant Program encourages

collaboration with campus-and community-based victim service providers,

many of which provide services to victims of dating violence.

Comment Set #27: One respondent from a public university suggested

that grant recipients be required to make available advocacy services

to victims who are reporting to and involved in pursuing their cases

through administrative disciplinary proceedings and/or in the criminal

justice system.

Response #27: After serious consideration of this recommendation,

the Violence Against Women Office decided not to mandate advocacy

services in the final regulations, but is requiring all applicants to

collaborate with private non-profit, non-governmental victim service

providers and advocates as part of a broad strategy to develop

coordinated campus-community response to violence against women.

Comment Set #28: Three suggestions by respondents from public

universities were made to consider the special needs of international

students. One of the three also urged consideration of the special

needs of the disabled student population, while another mentioned

commuters and returning older students.

Response #28: The Violence Against Women Office has incorporated

these suggestions in the Fiscal Year 1999 solicitation for the Grant

Program.

Comment Set #29: One respondent from a public university

recommended that projects funded through the Grant Program be allowed

to support intervention and treatment services for students who

witnessed violence in their homes or were themselves victims of this

violence.

Response #29: The Violence Against Women Office concurs that

students who witnessed or experienced violence in their homes may need

intervention or treatment services when they attend institutions of

higher education. The Fiscal Year 1999 solicitation for the Grant

Program encourages the development and strengthening of comprehensive

campus-based victim advocacy programs, which could include such

services.

Comment Set #30: One respondent from a public university

recommended that grant funds be used to provide personal protection

equipment using global positioning satellite technology, and further

that Internet technology be made available to allow victims and

witnesses to report violence against women, anonymously if necessary,

through a secure web site.

Response #30: The Violence Against Women Office is requiring that

applicants adopt coordinated community responses to violence against

women in which technology and infrastructure development are a small

component of a broader strategy that addresses the underlying causes of

sexual assault, stalking, and domestic violence.

Comment Set #31: One respondent from a public university

recommended that resident assistants employed by campus housing offices

be provided with annual training.

Response #31: The Violence Against Women Office has included a

recommendation in the FY 1999 solicitation for the Grant Program that

residence hall assistants be part of a coordinated campus response to

violence against women. The special interest category addressing

prevention also recommends educating the entire campus community about

violence against women, including campus housing authorities.

Comment Set #32: A respondent from a public university recommended

broadening the definition of campus-community to include guests such as

[[Page 39779]]

high school students who may be visiting the campus for an event and

are assaulted.

Response #32: The Violence Against Women Office has adopted this

recommendation by modifying the eligibility for services funded through

the Grant Program to include individuals who are victimized on campus.

For the purposes of this Grant Program, victims are eligible for

services provided through grant funds if they are students or employees

(as defined previously) at the institution. Victims are also eligible

for services provided through grant funds if the victimization took

place within the campus community as defined previously. 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 on campus or 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.

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:

---------------------------------------------------------------------------

\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

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 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 cause 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 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

[[Page 39780]]

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, civil legal

agencies, 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.

---------------------------------------------------------------------------

\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 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,

[[Page 39781]]

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 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

[[Page 39782]]

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, or 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 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 for an excerpt of this section.)

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 purpose 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, local law enforcement, local

prosecution, 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

[[Page 39783]]

effectiveness of those activities in achieving the purposes of the

Program.

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 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 section 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 Unites States-based companies to

compete in domestic and export markets.

Paperwork Reduction Act

The collection of information requirements contained in the final

regulation were approved on March 22, 1999 by the Office of Management

and Budget (OMB) under the Paperwork Reduction Act (44 U.S.C. 3504(h)).

In accordance with 5 CFR 1320.5(b), the OMB control number pertaining

to the collection of information is 1121-0233.

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

[[Page 39784]]

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.

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 with respect to the increased

apprehension, investigation, and adjudication of persons committing

violent crimes against women on campus;

(b) To train campus administrators, campus security personnel, and

personnel serving on campus disciplinary or judicial boards to more

effectively identify and respond to violent crimes against women on

campus, including the crimes of sexual assault, stalking, and domestic

violence;

(c) To implement and operate education programs for the prevention

of violent crimes against women;

(d) To develop, enlarge 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 specifically devoted 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, or expand data collection and

communication systems, including computerized systems, linking campus

security to the local law enforcement for the purpose of identifying

and tracking arrests, protection orders, violations of protection

orders, prosecutions, and convictions with respect to violent crimes

against women on campus, including the crimes of sexual assault,

stalking, and domestic violence;

(h) To develop, enlarge, or strengthen victim services 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 not including 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;

(4) 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 Sec. 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;

(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 Sec. 826 (b) of the Higher Education Amendments of 1998,

Public Law 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 is in compliance with the requirements of section

485(f) of the Higher Education Act of 1965.

(3) Each institution of higher education applying for grant funds

must certify that it has developed policies

[[Page 39785]]

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.

(4) 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(e) 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, 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

[[Page 39786]]

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. Sec. 1070 et seq.] and part C of subchapter

I of chapter 34 of Title 42 [42 U.S.C.A. Sec. 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. Sec. 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--

(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;

[[Page 39787]]

(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.

* * * * *

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

Federal Regulations.

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: July 15, 1999.

Laurie Robinson,

Assistant Attorney General, Office of Justice Programs.

[FR Doc. 99-18591 Filed 7-21-99; 8:45 am]

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