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§ 668.46 …
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Created: Wed Aug 20 18:52:40 2003
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§ 668.46 34 CFR Ch. VI (7103 Edition)
of this section, an institution must section must submit a written applica-
count as completed or graduated-- tion to the Secretary that explains
(1) Students who have completed or why it believes the data the athletic
graduated by the end of the 12-month association or conference publishes are
period ending August 31 during which accurate and substantially comparable
150% of the normal time for completion to the information required by this sec-
or graduation from their program has tion.
lapsed; and (f) In addition to calculating the
(2) Students who have completed a completion or graduation rate required
program described in § 668.8(b)(1)(ii), or by paragraph (a)(1) of this section, an
an equivalent program, by the end of institution may, but is not required
the 12-month period ending August 31 to--
during which 150% of normal time for (1) Calculate a completion or gradua-
completion from that program has tion rate for students who transfer into
lapsed. the institution;
(c) In calculating the transfer-out (2) Calculate a completion or gradua-
rate under paragraph (a)(2) of this sec- tion rate and transfer-out rate for stu-
tion, an institution must count as dents described in paragraphs (d)(1)
transfers-out students who by the end through (4) of this section; and
of the 12-month period ending August (3) Calculate a transfer-out rate as
31 during which 150% of the normal specified in paragraph (c) of this sec-
time for completion or graduation tion, if the institution determines that
from the program in which they were its mission does not include providing
enrolled has lapsed, have not com- substantial preparation for its students
pleted or graduated but have subse- to enroll in another eligible institu-
quently enrolled in any program of an tion.
eligible institution for which its pro-
gram provided substantial preparation. (Approved by the Office of Management and
(d) For the purpose of calculating a Budget under control number 18450004)
completion or graduation rate and a (Authority: 20 U.S.C. 1092)
transfer-out rate, an institution may
[64 FR 59068, Nov. 1, 1999]
exclude students who--
(1) Have left school to serve in the § 668.46 Institutional security policies
Armed Forces; and crime statistics.
(2) Have left school to serve on offi-
cial church missions; (a) Additional definitions that apply to
(3) Have left school to serve with a this section.
foreign aid service of the Federal Gov- Business day: Monday through Fri-
ernment, such as the Peace Corps; day, excluding any day when the insti-
(4) Are totally and permanently dis- tution is closed.
abled; or Campus: (1) Any building or property
(5) Are deceased. owned or controlled by an institution
(e)(1) The Secretary grants a waiver within the same reasonably contiguous
of the requirements of this section to geographic area and used by the insti-
any institution that is a member of an tution in direct support of, or in a
athletic association or conference that manner related to, the institution's
has voluntarily published completion educational purposes, including resi-
or graduation rate data, or has agreed dence halls; and
to publish data, that the Secretary de- (2) Any building or property that is
termines are substantially comparable within or reasonably contiguous to the
to the data required by this section. area identified in paragraph (1) of this
(2) An institution that receives a definition, that is owned by the insti-
waiver of the requirements of this sec- tution but controlled by another per-
tion must still comply with the re- son, is frequently used by students, and
quirements of § 668.41(d)(3) and (f). supports institutional purposes (such
(3) An institution, or athletic asso- as a food or other retail vendor).
ciation or conference applying on be- Campus security authority: (1) A cam-
half of an institution, that seeks a pus police department or a campus se-
waiver under paragraph (e)(1) of this curity department of an institution.
466
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Off. of Postsecondary Educ., Education § 668.46
(2) Any individual or individuals who Referred for campus disciplinary action:
have responsibility for campus security The referral of any person to any cam-
but who do not constitute a campus po- pus official who initiates a disciplinary
lice department or a campus security action of which a record is kept and
department under paragraph (1) of this which may result in the imposition of
definition, such as an individual who is a sanction.
responsible for monitoring entrance (b) Annual security report. An institu-
into institutional property. tion must prepare an annual security
(3) Any individual or organization report that contains, at a minimum,
specified in an institution's statement the following information:
of campus security policy as an indi- (1) The crime statistics described in
vidual or organization to which stu- paragraph (c) of this section.
dents and employees should report (2) A statement of current campus
criminal offenses. policies regarding procedures for stu-
(4) An official of an institution who dents and others to report criminal ac-
has significant responsibility for stu- tions or other emergencies occurring
dent and campus activities, including, on campus. This statement must in-
but not limited to, student housing, clude the institution's policies con-
student discipline, and campus judicial cerning its response to these reports,
proceedings. If such an official is a pas- including--
toral or professional counselor as de- (i) Policies for making timely warn-
fined below, the official is not consid- ing reports to members of the campus
ered a campus security authority when community regarding the occurrence
acting as a pastoral or professional of crimes described in paragraph (c)(1)
counselor. of this section;
Noncampus building or property: (1) (ii) Policies for preparing the annual
Any building or property owned or con- disclosure of crime statistics; and
trolled by a student organization that (iii) A list of the titles of each person
is officially recognized by the institu- or organization to whom students and
tion; or employees should report the criminal
(2) Any building or property owned or offenses described in paragraph (c)(1) of
controlled by an institution that is this section for the purpose of making
used in direct support of, or in relation timely warning reports and the annual
to, the institution's educational pur- statistical disclosure. This statement
poses, is frequently used by students, must also disclose whether the institu-
and is not within the same reasonably tion has any policies or procedures
contiguous geographic area of the in- that allow victims or witnesses to re-
stitution. port crimes on a voluntary, confiden-
Pastoral counselor: A person who is as- tial basis for inclusion in the annual
sociated with a religious order or de- disclosure of crime statistics, and, if
nomination, is recognized by that reli- so, a description of those policies and
gious order or denomination as some- procedures.
one who provides confidential coun- (3) A statement of current policies
seling, and is functioning within the concerning security of and access to
scope of that recognition as a pastoral campus facilities, including campus
counselor. residences, and security considerations
Professional counselor: A person whose used in the maintenance of campus fa-
official responsibilities include pro- cilities.
viding mental health counseling to (4) A statement of current policies
members of the institution's commu- concerning campus law enforcement
nity and who is functioning within the that--
scope of his or her license or certifi- (i) Addresses the enforcement author-
cation. ity of security personnel, including
Public property: All public property, their relationship with State and local
including thoroughfares, streets, side- police agencies and whether those secu-
walks, and parking facilities, that is rity personnel have the authority to
within the campus, or immediately ad- arrest individuals;
jacent to and accessible from the cam- (ii) Encourages accurate and prompt
pus. reporting of all crimes to the campus
467
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§ 668.46 34 CFR Ch. VI (7103 Edition)
police and the appropriate police agen- fense, and to whom the alleged offense
cies; and should be reported;
(iii) Describes procedures, if any, (iii) Information on a student's op-
that encourage pastoral counselors and tion to notify appropriate law enforce-
professional counselors, if and when ment authorities, including on-campus
they deem it appropriate, to inform the and local police, and a statement that
persons they are counseling of any pro- institutional personnel will assist the
cedures to report crimes on a vol- student in notifying these authorities,
untary, confidential basis for inclusion if the student requests the assistance
in the annual disclosure of crime sta- of these personnel;
tistics. (iv) Notification to students of exist-
(5) A description of the type and fre- ing on- and off-campus counseling,
quency of programs designed to inform mental health, or other student serv-
students and employees about campus ices for victims of sex offenses;
security procedures and practices and (v) Notification to students that the
to encourage students and employees institution will change a victim's aca-
to be responsible for their own security demic and living situations after an al-
and the security of others. leged sex offense and of the options for
(6) A description of programs de- those changes, if those changes are re-
signed to inform students and employ- quested by the victim and are reason-
ees about the prevention of crimes.
ably available;
(7) A statement of policy concerning
(vi) Procedures for campus discipli-
the monitoring and recording through
nary action in cases of an alleged sex
local police agencies of criminal activ-
ity in which students engaged at off- offense, including a clear statement
campus locations of student organiza- that--
tions officially recognized by the insti- (A) The accuser and the accused are
tution, including student organizations entitled to the same opportunities to
with off-campus housing facilities. have others present during a discipli-
(8) A statement of policy regarding nary proceeding; and
the possession, use, and sale of alco- (B) Both the accuser and the accused
holic beverages and enforcement of must be informed of the outcome of
State underage drinking laws. any institutional disciplinary pro-
(9) A statement of policy regarding ceeding brought alleging a sex offense.
the possession, use, and sale of illegal Compliance with this paragraph does
drugs and enforcement of Federal and not constitute a violation of the Fam-
State drug laws. ily Educational Rights and Privacy Act
(10) A description of any drug or alco- (20 U.S.C. 1232g). For the purpose of
hol-abuse education programs, as re- this paragraph, the outcome of a dis-
quired under section 120(a) through (d) ciplinary proceeding means only the
of the HEA. For the purpose of meeting institution's final determination with
this requirement, an institution may respect to the alleged sex offense and
cross-reference the materials the insti- any sanction that is imposed against
tution uses to comply with section the accused; and
120(a) through (d) of the HEA. (vii) Sanctions the institution may
(11) A statement of policy regarding impose following a final determination
the institution's campus sexual assault of an institutional disciplinary pro-
programs to prevent sex offenses, and ceeding regarding rape, acquaintance
procedures to follow when a sex offense rape, or other forcible or nonforcible
occurs. The statement must include-- sex offenses.
(i) A description of educational pro- (12) Beginning with the annual secu-
grams to promote the awareness of rity report distributed by October 1,
rape, acquaintance rape, and other 2003, a statement advising the campus
forcible and nonforcible sex offenses; community where law enforcement
(ii) Procedures students should follow agency information provided by a
if a sex offense occurs, including proce- State under section 170101(j) of the Vio-
dures concerning who should be con- lent Crime Control and Law Enforce-
tacted, the importance of preserving ment Act of 1994 (42 U.S.C. 14071(j)),
evidence for the proof of a criminal of- concerning registered sex offenders
468
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Off. of Postsecondary Educ., Education § 668.46
may be obtained, such as the law en- (ii) Of the crimes in paragraph
forcement office of the institution, a (c)(4)(i) of this section, the number of
local law enforcement agency with ju- crimes that took place in dormitories
risdiction for the campus, or a com- or other residential facilities for stu-
puter network address. dents on campus.
(c) Crime statistics. (1) Crimes that must (iii) In or on a noncampus building or
be reported. An institution must report property.
statistics for the three most recent cal- (iv) On public property.
endar years concerning the occurrence (5) Identification of the victim or the ac-
on campus, in or on noncampus build- cused. The statistics required under
ings or property, and on public prop- paragraphs (c)(1) and (3) of this section
erty of the following that are reported may not include the identification of
to local police agencies or to a campus the victim or the person accused of
security authority: committing the crime.
(i) Criminal homicide: (6) Pastoral and professional counselor.
(A) Murder and nonnegligent man- An institution is not required to report
slaughter. statistics under paragraphs (c)(1) and
(B) Negligent manslaughter. (3) of this section for crimes reported
(ii) Sex offenses: to a pastoral or professional counselor.
(A) Forcible sex offenses. (7) UCR definitions. An institution
(B) Nonforcible sex offenses. must compile the crime statistics re-
quired under paragraphs (c)(1) and (3)
(iii) Robbery.
of this section using the definitions of
(iv) Aggravated assault.
crimes provided in appendix A to this
(v) Burglary. subpart and the Federal Bureau of In-
(vi) Motor vehicle theft. vestigation's Uniform Crime Reporting
(vii) Arson. (UCR) Hate Crime Data Collection
(viii) (A) Arrests for liquor law viola- Guidelines and Training Guide for Hate
tions, drug law violations, and illegal Crime Data Collection. For further
weapons possession. guidance concerning the application of
(B) Persons not included in para- definitions and classification of crimes,
graph (c)(1)(viii)(A) of this section, who an institution must use either the UCR
were referred for campus disciplinary Reporting Handbook or the UCR Re-
action for liquor law violations, drug porting Handbook: NIBRS EDITION,
law violations, and illegal weapons pos- except that in determining how to re-
session. port crimes committed in a multiple-
(2) Recording crimes. An institution offense situation an institution must
must record a crime statistic in its an- use the UCR Reporting Handbook. Cop-
nual security report for the calendar ies of the UCR publications referenced
year in which the crime was reported in this paragraph are available from:
to a campus security authority. FBI, Communications Unit, 1000 Custer
(3) Reported crimes if a hate crime. An Hollow Road, Clarksburg, WV 26306
institution must report, by category of (telephone: 3046252823).
prejudice, any crime it reports pursu- (8) Use of a map. In complying with
ant to paragraphs (c)(1)(i) through (vii) the statistical reporting requirements
of this section, and any other crime in- under paragraphs (c)(1) and (3) of this
volving bodily injury reported to local section, an institution may provide a
police agencies or to a campus security map to current and prospective stu-
authority, that manifest evidence that dents and employees that depicts its
the victim was intentionally selected campus, noncampus buildings or prop-
because of the victim's actual or per- erty, and public property areas if the
ceived race, gender, religion, sexual map accurately depicts its campus,
orientation, ethnicity, or disability. noncampus buildings or property, and
(4) Crimes by location. The institution public property areas.
must provide a geographic breakdown (9) Statistics from police agencies. In
of the statistics reported under para- complying with the statistical report-
graphs (c)(1) and (3) of this section ac- ing requirements under paragraphs
cording to the following categories: (c)(1) through (4) of this section, an in-
(i) On campus. stitution must make a reasonable,
469
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§ 668.47 34 CFR Ch. VI (7103 Edition)
good faith effort to obtain the required (3)(i) An institution may withhold in-
statistics and may rely on the informa- formation required under paragraphs
tion supplied by a local or State police (f)(1) and (2) of this section if there is
agency. If the institution makes such a clear and convincing evidence that the
reasonable, good faith effort, it is not release of the information would--
responsible for the failure of the local (A) Jeopardize an ongoing criminal
or State police agency to supply the re- investigation or the safety of an indi-
quired statistics. vidual;
(d) Separate campus. An institution (B) Cause a suspect to flee or evade
must comply with the requirements of detection; or
this section for each separate campus. (C) Result in the destruction of evi-
(e) Timely warning. (1) An institution dence.
(ii) The institution must disclose any
must, in a manner that is timely and
information withheld under paragraph
will aid in the prevention of similar
(f)(3)(i) of this section once the adverse
crimes, report to the campus commu-
effect described in that paragraph is no
nity on crimes that are--
longer likely to occur.
(i) Described in paragraph (c)(1) and (4) An institution may withhold
(3) of this section; under paragraphs (f)(2) and (3) of this
(ii) Reported to campus security au- section only that information that
thorities as identified under the insti- would cause the adverse effects de-
tution's statement of current campus scribed in those paragraphs.
policies pursuant to paragraph (b)(2) of (5) The institution must make the
this section or local police agencies; crime log for the most recent 60-day
and period open to public inspection during
(iii) Considered by the institution to normal business hours. The institution
represent a threat to students and em- must make any portion of the log older
ployees. than 60 days available within two busi-
(2) An institution is not required to ness days of a request for public inspec-
provide a timely warning with respect tion.
to crimes reported to a pastoral or pro- (Approved by the Office of Management and
fessional counselor. Budget under control number 18450022)
(f) Crime log. (1) An institution that
(Authority: 20 U.S.C. 1092)
maintains a campus police or a campus
security department must maintain a [64 FR 59069, Nov. 1, 1999, as amended at 65
written, easily understood daily crime FR 65637, Nov. 1, 2000; 67 FR 66520, Oct. 31,
2002]
log that records, by the date the crime
was reported, any crime that occurred § 668.47 Report on athletic program
on campus, on a noncampus building or participation rates and financial
property, on public property, or within support data.
the patrol jurisdiction of the campus (a) Applicability. This section applies
police or the campus security depart- to a co-educational institution of high-
ment and is reported to the campus po- er education that--
lice or the campus security depart- (1) Participates in any title IV, HEA
ment. This log must include-- program; and
(i) The nature, date, time, and gen- (2) Has an intercollegiate athletic
eral location of each crime; and program.
(ii) The disposition of the complaint, (b) Definitions. The following defini-
if known. tions apply for purposes of this section
(2) The institution must make an only.
entry or an addition to an entry to the (1) Expenses--(i) Expenses means ex-
log within two business days, as de- penses attributable to intercollegiate
fined under paragraph (a) of this sec- athletic activities. This includes ap-
tion, of the report of the information pearance guarantees and options, ath-
to the campus police or the campus se- letically related student aid, contract
curity department, unless that disclo- services, equipment, fundraising activi-
sure is prohibited by law or would jeop- ties, operating expenses, promotional
ardize the confidentiality of the vic- activities, recruiting expenses, salaries
tim. and benefits, supplies, travel, and any
470
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