Sec. 485 HIGHER EDUCATION ACT OF 1965 …

Sec. 485             HIGHER EDUCATION ACT OF 1965                   108

     (8) For purposes of this subsection, the term ``athletically re-
lated student aid'' means any scholarship, grant, or other form of
financial assistance the terms of which require the recipient to par-
ticipate in a program of intercollegiate athletics at an institution
of higher education in order to be eligible to receive such assist-
ance.
     (9) The reports required by this subsection shall be due each
July 1 and shall cover the 1-year period ending August 31 of the
preceding year.
     (f) DISCLOSURE OF CAMPUS SECURITY POLICY AND CAMPUS
CRIME STATISTICS.--(1) Each eligible institution participating in
any program under this title shall on August 1, 1991, begin to col-
lect the following information with respect to campus crime statis-
tics 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 cur-
rent 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 secu-
rity policies and campus crime statistics of that institution:
          (A) A statement of current campus policies regarding pro-
     cedures 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, in-
          cluding their working relationship with State and local po-
          lice agencies; and
               (ii) policies which encourage accurate and prompt re-
          porting of all crimes to the campus police and the appro-
          priate police agencies.
          (D) A description of the type and frequency of programs
     designed to inform students and employees about campus secu-
     rity 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 pre-
     ceding calendar years for which data are available--
               (i) of the following criminal offenses reported to cam-
          pus security authorities or local police agencies:
                    (I) murder;
                    (II) sex offenses, forcible or nonforcible;
                    (III) robbery;
                    (IV) aggravated assault;
                    (V) burglary;
109                         HIGHER EDUCATION ACT OF 1965                            Sec. 485

                     (VI) motor vehicle theft;
                     (VII) manslaughter;
                     (VIII) arson; and
                     (IX) arrests or persons referred for campus dis-
                ciplinary action for liquor law violations, drug-related
                violations, and weapons possession; and
                (ii) of the crimes described in subclauses (I) through
          (VIII) of clause (i), and other crimes involving bodily injury
          to any person in which the victim is intentionally selected
          because of the actual or perceived race, gender, religion,
          sexual orientation, ethnicity, or disability of the victim
          that are reported to campus security authorities or local
          police agencies, which data shall be collected and reported
          according to category of prejudice.
          (G) A statement of policy concerning the monitoring and
     recording through local police agencies of criminal activity at
     off-campus student organizations which are recognized by the
     institution and that are engaged in by students attending the
     institution, including those student organizations with off-cam-
     pus housing facilities.
          (H) A statement of policy regarding the possession, use,
     and sale of alcoholic beverages and enforcement of State under-
     age drinking laws and a statement of policy regarding the pos-
     session, use, and sale of illegal drugs and enforcement of Fed-
     eral and State drug laws and a description of any drug or alco-
     hol abuse education programs as required under section 120 of
     this Act.
          (I) 1 A statement advising the campus community where
     law enforcement agency information provided by a State under
     section 170101( j) of the Violent Crime Control and Law
     Enforcement Act of 1994 (42 U.S.C. 14071( j)), concerning reg-
     istered sex offenders may be obtained, such as the law enforce-
     ment office of the institution, a local law enforcement agency
     with jurisdiction for the campus, or a computer network ad-
     dress.
     (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
title shall make timely reports to the campus community on crimes
considered to be a threat to other students and employees de-
scribed 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
title that maintains a police or security department of any kind
shall make, keep, and maintain a daily log, written in a form that
  1 This subsection was added by section 1601(c)(1) of P.L. 106­386 (114 Stat. 1538). Section
1601(c)(2) provides an effective date as follows:
  ``(2) EFFECTIVE DATE.--The amendment made by this subsection shall take effect 2 years after
the date of the enactment of this Act.''
Sec. 485             HIGHER EDUCATION ACT OF 1965                   110

can be easily understood, recording all crimes reported to such po-
lice 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 avail-
able 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 depart-
ment.
     (iii) If there is clear and convincing evidence that the release
of such information would jeopardize an ongoing criminal investiga-
tion 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 title 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 Sen-
     ate 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 con-
     cerning 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 resi-
           dence 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
111                  HIGHER EDUCATION ACT OF 1965               Sec. 485

                (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 stu-
          dents, 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 thorough-
     fare, or parking facility, and is adjacent to a facility owned or
     controlled by the institution if the facility is used by the insti-
     tution in direct support of, or in a manner related to the insti-
     tution'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 rea-
sonably contiguous geographic area, such entities shall be consid-
ered separate campuses for purposes of the reporting requirements
of this section.
     (7) The statistics described in paragraph (1)(F) shall be com-
piled 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 imple-
mented 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 title 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 oc-
     curred.
     (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 regard-
     ing rape, acquaintance rape, or other sex offenses, forcible or
     nonforcible.
          (iii) Procedures students should follow if a sex offense oc-
     curs, including who should be contacted, the importance of pre-
     serving evidence as may be necessary to the proof of criminal
     sexual assault, and to whom the alleged offense should be re-
     ported.
          (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 cam-
          pus 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.
Sec. 485             HIGHER EDUCATION ACT OF 1965                   112

          (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 noti-
     fying 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 com-
plying 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 edu-
cation shall distinguish, by means of separate categories, any
criminal offenses that occur--
          (A) on campus;
          (B) in or on a noncampus building or property;
          (C) on public property; and
          (D) in dormitories or other residential facilities for stu-
     dents on campus.
     (13) Upon a determination pursuant to section 487(c)(3)(B) that
an institution of higher education has substantially misrepresented
the number, location, or nature of the crimes required to be re-
ported 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
487(c)(3)(B).
     (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 re-
garding 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.
     (15) This subsection may be cited as the ``Jeanne Clery Disclo-
sure of Campus Security Policy and Campus Crime Statistics Act''.
     (g) DATA REQUIRED.--
          (1) IN GENERAL.--Each coeducational institution of higher
     education that participates in any program under this title,