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Volume 2 -- Institutional Eligibility and Participation, 2001-2002 …
Tags: campus security, customary charge, employability, employment agency, extent, financial charges, graduates, institutional eligibility, misleading statements, misrepresentation, participation, prerequisites, prospective students, scholarship, scholarships, security information, tuition charges, volume 2,Pages: 15
Language: english
Created: Mon Jul 16 16:58:45 2001
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Volume 2 -- Institutional Eligibility and Participation, 2001-2002
· the nature and extent of any prerequisites established for
enrollment in any course; or
· any matters required to be disclosed to prospective students
under 34 CFR 668.44 (institutional information) and
34 CFR 668.47 (campus security information).
Nature of Financial Charges
Misrepresenting Financial Misrepresentation by an institution of the nature of its financial
Charges Cite charges includes, but is not limited to, false, erroneous, or misleading
34 CFR 668.73 statements concerning
· offers of scholarships to pay all or part of a course charge, unless
a scholarship is actually used to reduce tuition charges that are
applied to all students whether or not receiving a scholarship
and are made known to the student in advance; or
· whether a particular charge is the customary charge at the
institution for a course.
Employability of Graduates
Employability of Graduates Cite Misrepresentation by an institution regarding the employability of
34 CFR 668.74 its graduates includes, but is not limited to, false, erroneous, or
misleading statements
· that the institution is connected with any organization or is an
employment agency or other agency providing authorized
training leading directly to employment;
· that the institution maintains a placement service for graduates
or will otherwise secure or assist its graduates to obtain
employment, unless it provides the student with a clear and
accurate description of the extent and nature of this service or
assistance; or
· concerning government job market statistics in relation to the
potential placement of its graduates.
CAMPUS SECURITY
General Information
Campus Security Cite The Department of Education is committed to assisting schools in
Sec. 485(f) providing a safe environment for students to learn and staff to work,
34 CFR 668.46 and in keeping parents and students well informed about campus
security. To this end Dear President letter ANN-96-5, issued jointly by
the Department of Education, the Justice Department, and the
Department of Health and Human Services in September 1996,
provides suggestions to schools for use in developing and
implementing a comprehensive policy to combat violence against
women on campus.
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The letter lists the following Web sites as possible resources:
· Department of Justice Violence Against Women Office
www.ojp.usdoj.gov/vawo/
· Department of Education World Wide Web site on campus safety
www.ed.gov/offices/ope/ppi/security.html
· Higher Education Center for Alcohol and other Prevention
World Wide Web site
www.edc.org/hec/
The Department is strongly committed to enforcing the
provisions of the Campus Security Act of 1990 requiring a school to
compile an annual campus security report.
The Amendments of 1998 made several changes to the campus
security and disclosure requirements. General changes include:
· The portion of the law that addresses campus security issues is
now called the Jeanne Cleary Disclosure of Campus Security Policy
and Campus Crime Statistics Act.
· The identification of victims or of persons accused of
committing crimes included in the campus crime report is
prohibited.
· The campus security requirements may not be construed to
require the reporting or disclosure of a victim's confidential
information.
· The Department must report to Congress any school that the
Department determines not to be in compliance with the
campus crime reporting requirements.
· The Department must impose a civil penalty up to $25,000
if the Department determines that a school has substantially
misrepresented the statistical information required to be
reported.
· The Amendments clarify that these provisions do not cause a
liability for a school or its employees or establish a standard of
care.
· Evidence of compliance or noncompliance with the provisions is
not admissible as evidence except for actions enforcing these
requirements.
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The changes resulting from negotiated rule making were
published as final regulations on November 1, 1999. They are
discussed below.
Distribution of the Campus Crime Report
Distribution Cite By October 1 of each year, a school must publish and distribute its
34 CFR 668.41(e) annual campus security report.
It must be distributed to all enrolled students and current
employees directly by publications and mailings, including: direct
mailing to each individual through the U.S. Postal Service, campus
mail, or electronic mail.
If the school chooses to fulfill this requirement by posting the
crime report on an Internet or Internet Web site, an individual notice
must be distributed to each student and current employee that
includes:
· a statement of the report's availability,
· a list and brief description of the information contained in the
report,
· the exact electronic address (URL) of the Internet or Internet
Web site at which the report is posted, and
· a statement saying the school will provide a paper copy upon
request.
If the school chooses to fulfill this requirement by posting the
crime report on an Internet or Internet Web site, the notice described
above must also contain:
· the exact electronic address (URL) at which the report is
posted, and
· a statement that the school will provide a paper copy of the
report upon request.
Upon request, a school must provide its annual campus security
report to a prospective student or prospective employee.
Annual Submission Cite Schools are required to submit the statistical section of their
34 CFR 668.41(e)(5) Annual Crime Report to the Department on an annual basis. To
comply with the emerging requirements to communicate electronically
with the public whenever possible, the survey data is collected through
the Department's Campus Crime and Security Web site.
surveys.ope.ed.gov/security
The use of an electronic format will eliminate mailing and processing
paper questionnaires, significantly reduce the reporting burden, and
improve the timeliness of the data from institutions.
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Definition of campus
Requirements regarding the campus security report must be met Definition of a Campus Cite
individually for each separate campus. The Amendments of 1998 have 34 CFR 668.46(a)
broken the former general definition of campus into three more
specific categories: campus, non-campus buildings or property, and
public property. The campus crime requirements must now be met for
any location that meets one of these three definitions.
Campus includes
· any building or property (including residence halls) owned or
controlled by a school within the same reasonably contiguous
geographic area and used by the school in direct support of or
in a manner related to its educational purposes.
· property within the same reasonably contiguous area that is
owned by the school but controlled by another person,
frequently used by students, and supports the school's purposes
(such as a food or other retail vendor) (this portion of the
definition was added by the Amendments of 1998).
The Amendments define the term non-campus building or property to
mean
· any building or property owned or controlled by a student
organization officially recognized by the school; and
· any building or property (other than a branch campus) owned
or controlled by the school, that is not within the same
reasonable contiguous area, is used in direct support of or in
relation to the school's educational purpose, and is frequently
used by the students (this portion was added by the
Amendments).
The term public property means all public property including
thoroughfares, streets, sidewalks, and parking facilities that is within
the same campus or immediately adjacent to and accessible from the
campus. This would not include, for example, highways that are
adjacent to the campus, but that are separated from the campus by
a fence or other man-made barrier. A school may use a map to
visually illustrate the areas included in the definition of its campus.
Timely Warning
In addition to the required annual campus security report, schools Timely Warning Cite
are required to provide timely warning to the campus community of 34 CFR 668.46
any occurrences of the following crimes that are reported to campus
security authorities or local police agencies and are considered to
represent a continuing threat to students and employees, including:
· criminal homicide including, (a) murder and nonnegligent
manslaughter, and (b) negligent manslaughter;
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· forcible and nonforcible sex offenses;
· robbery;
· aggravated assault;
· burglary;
· motor vehicle theft; and
· arson;
· separately by category of prejudice, each crime listed above and
any other crime involving bodily injury reported to local police
agencies or to a campus security authority that shows evidence
of prejudice based on race, gender, religion, sexual orientation,
ethnicity or disability;
· arrests for violations of drug law violations, and illegal weapons
possession; and
· persons not arrested but referred for campus disciplinary action
for liquor, drug, and weapons law violations.
A school is not required to provide timely warning with respect
to crimes reported to a pastoral or professional counselor.
Note: A school must also include statistical and policy information
related to these same crimes in its campus security report; see the
discussion that begins on page 2-198.
Campus Security Authority
Campus Security Authority Cite The following are campus security authorities:
34 CFR 668.46(a)
1. a campus law enforcement unit;
2. any individual or individuals who have responsibility for
campus security but who do not constitute a campus security
department, such as an individual who is responsible for
monitoring entrance into school property (e.g. an access
monitor);
3. an individual or organization specified in a school's campus
security statement as the individual or organization to which
students and employees should report criminal offenses; and
4. an official of a school who has significant responsibility for
student and campus activities including, but not limited to,
student housing, student discipline, and campus judicial
proceedings.
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The definition of campus security authority includes others in
addition to those individuals working for the school's campus
security office or expressly performing a campus security
function at the school's request. An official who has significant
responsibility for student and campus activities is a campus
security authority. For example, a dean of students who
oversees student housing, a student center, or student
extracurricular activities, has significant responsibility for
student and campus activities. Similarly, a director of athletics,
team coach, and faculty advisor to a student group also have
significant responsibility for student and campus activities.
Disciplinary action or proceeding
The investigation, adjudication, or imposition of sanctions by an
educational agency or institution with respect to an infraction
or violation of the internal rules of conduct applicable to
students of the agency or institution.
Law enforcement unit
Any individual, office, department, division, or other component
of an educational agency or institution, such as a unit of
commissioned police officers or noncommissioned security
guards, that is officially authorized or designated by that agency
or institution to
q enforce any local, state, or federal law, or refer to appropriate
authorities a matter for enforcement of any local, state, or federal
law against any individual or organization other than the agency
or institution itself, or
q maintain the physical security and safety of the agency or
institution.
Professional and pastoral counselors excluded from re-
porting requirements
Of itself, reporting a statistic is not likely to identify a victim.
However, the need to verify the occurrence of a crime and the need
for additional information about a crime to avoid double counting
can lead to the identification of the victim. Therefore, in order to
ensure that victims have access to confidential counseling,
professional and pastoral counselors, as defined in the regulations
are not required to report crimes discussed with them in their roles
as counselors. Moreover, a school is not required to report statistics
relating to crimes that are reported to a pastoral counselor or a
professional counselor who is functioning within the scope of his or
her license or certification. Other confidential reporting options are
encouraged to obtain statistical data without infringing on an
individual's expectation of confidentiality.
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A pastoral counselor is a person who is associated with a religious
order or denomination and who is recognized by that religious
order or denomination as someone who provides confidential
counseling, and is functioning as a pastoral counselor.
A professional counselor is a person whose official responsibilities
include providing mental health counseling to members of the
school's community and who is functioning within the scope of his or
her license or certification.
FERPA
The provisions of the Family Educational Rights and Privacy Act
(FERPA) do not prohibit a school from complying with the campus
security regulations. First, FERPA does not generally prohibit the
disclosure of statistical, non-personally identifiable information.
Second, as a matter of law, FERPA does not preclude a school's
compliance with the timely warning requirement. The Department
has concluded that as a later enacted, more specific statute, the
Campus Security Act trumps FERPA's requirements against the
release of personally identifiable information from a student's
education record. Thus, institutions may make a timely warning
report to the campus community on criminal activity, and even if
the school discloses the identity of an individual, the school has not
violated the requirements of FERPA.
Records created and maintained by a campus law enforcement
unit are not education records and may be disclosed without a
student's consent. In contrast, records of a disciplinary action or
proceeding are considered education records of a student, and
cannot be made available to the public without the consent of the
student. FERPA does allow, however, a postsecondary institution to
disclose the final results of disciplinary proceedings to a victim of an
alleged perpetrator of a crime of violence or a nonforcible sex
offense, regardless of the outcome. In addition, FERPA was recently
amended to permit a postsecondary institution to disclose (to
anyone) the final results of a disciplinary proceeding in which the
institution concludes that a student violated school policy with
respect to a crime of violence or a nonforcible sex offense. The
offenses that apply to this permissible disclosure are listed in the
FERPA regulations.
Institutions may seek additional guidance on FERPA by writing
the Family Policy Compliance Office (FPCO) at FERPA@ED.Gov.
The FPCO's Web site contains helpful information. Its address is:
www.ed.gov/offices/OM/fpco.
There are two different FERPA provisions concerning the
release of records relating to a crime of violence. One concerns the
release to the victim of any outcome involving an alleged crime of
violence. This is found in section 99.31(a)(13) of the latest FERPA
regulations. A separate provision, 99.31(a)(14), permits a
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postsecondary institution to disclose to anyone the final results of
any disciplinary hearing against an alleged perpetrator of a crime of
violence where that student was found in violation of the institution's
rules or policies with respect to such crime or offense.
A school is not relieved of compliance with the reporting
requirements of the campus security regulations when the school
refers a matter to a disciplinary committee, rather than to the school's
law enforcement unit or directly to the local authorities.
Daily Crime Log
The Amendments of 1998 require schools that maintain a campus Crime Log Cite
police or security department to make, keep, and maintain daily logs 34 CFR 668.46(f)
of any crime that occurred within the patrol jurisdiction of the
campus police or the campus security department designated by the
institution. The logs must be written in a manner that is easily
understood. The school must record by date the crime was reported,
the nature, date, time, and general location of each crime, and the
disposition of the complaint, if known. The logs must be made public,
except where prohibited by law or when disclosure would jeopardize
the confidentiality of the victim. Schools are required to update logs
with new information when available, but no later than two business
days after the information is received, unless the disclosure is
prohibited by law or would jeopardize the confidentiality of the
victim. The school must disclose any information withheld once the
adverse effect described is no longer likely to occur.
Often time passes between when a crime is committed and
when it is discovered, making the date of occurrence unknown
or uncertain. In addition, for statistical purposes, the FBI collects
crime data based on when crimes are reported to the police.
Therefore, an institution should report crime data based on when
the crime was reported to campus police or security authorities.
The school must make the crime log for the most recent 60-day
period open to public inspection during normal business hours.
The school must make any portion of the log older than 60 days
available within two business days of a request for public inspection.
A school may withhold information if (and as long as) the release
of the information would jeopardize an ongoing criminal investigation
or the safety of an individual, cause a suspect to evade detection, or
result in the destruction of evidence. A school may withhold only the
information that would cause the aforementioned adverse effects.
The Annual Security Report
The annual security report, due October 1, must contain the Security Report Cite
required crime statistics for the three calendar years preceding the 34 CFR 668.46(b)
year in which the report is disclosed. The crime report due October 1,
2001 must include statistics for the 1998, 1999, and 2000 calendar
years. Schools must retain records used to create their campus
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security reports for three years after the due date of the report.
Schools must maintain the information used in compiling the 2001
report and make the report available until September 30, 2004.
Policies and Procedures for Reporting Crimes
The annual security report provides information regarding
campus security policies and campus crime statistics. With limited
exceptions, the campus security requirements do not prescribe policies
and procedures for schools to follow. Rather, schools are required to
make disclosures concerning the policies and procedures
implemented by the school.
All schools must compile the required crime statistics in
accordance with the definitions used in the Federal Bureau of
Investigation's Uniform Crime Reporting (UCR) system, Hate Crime
Data Collection Guidelines and the Training Guide for Hate Crime
Collection. For further guidance concerning the application of
definitions and classification of crimes a school must use either the
UCR Reporting Handbook or the UCR Reporting Handbook: NIBRS Edition.
Except when determining how to report crimes committed in a
multiple offence situation, a school must use the hierarchy rule found
in the UCR Reporting Handbook. Copies of these publications are
available from: FBI Communications Unit, 1000 Custer Hollow Road,
Clarksburg, WV 26306 (telephone: 304-625-2823). Schools are
encouraged but not required to participate in the FBI's UCR
program.
The statistics required in the annual security report may not
include the identification of the victim or the person accused of
committing the crime.
A school must make a reasonable, good faith effort to obtain the
required statistics and may rely on the information supplied by a local
or state police agency. A school making a good faith effort will not be
held responsible for the failure of local and state police agencies to
supply the required statistics.
At a minimum, the annual security report must include the
following:
1. the required institutional crime statistics, including:
a. criminal homicide, including (1) murder and nonnegligent
manslaughter, and (2) negligent manslaughter
b. sex offenses, including (1) forcible sex offenses, and
(2) nonforcible sex offenses
c. robbery
d. aggravated assault
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e. burglary
f. motor vehicle theft
g. arson
h. separately by category of prejudice, each crime listed above
and any other crime involving bodily injury reported to local
police agencies or to a campus security authority that shows
evidence of prejudice based on race, gender, religion, sexual
orientation, ethnicity or disability
i. arrests for violations of drug law violations, and illegal
weapons possession; and
j persons not arrested but referred for campus disciplinary
action for liquor, drug, and weapons law violations.
The Amendments require schools to report crime statistics
by means of separate categories:
· on campuses;
Note: Crimes that occur in dormitories or other
residential facilities for students are reported as a subset
of crimes on campus.
· in or on a non-campus building or property; and
· on public property.
2. a statement of current campus policies regarding procedures
for reporting crimes and other emergencies occurring on
campus and the policies for the school's response to these
reports, including:
a. policies for making timely reports of the above described
crimes to members of the campus community;
b. policies for preparing the annual disclosure of crime
statistics; and
c. a list of the titles of each person or organization to whom
the criminal offenses described above should be reported
for the purpose of making timely warning reports and the
annual statistical disclosure.
This statement must also describe any institutional policies
or procedures that allow voluntary or confidential reports
made by victims or witnesses to be included in the annual
disclosure of crime statistics.
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3. a statement of the school's policies concerning the security of,
and access to, all campus facilities, including residences, and
security considerations used in the maintenance of campus
facilities,
4. a statement of the school's policies concerning campus law
enforcement, including
a. the enforcement authority of campus security personnel,
their working relationship with state and local police and
other law enforcement agencies, and whether the security
personnel have the authority to arrest individuals; and
b. policies that encourage accurate and prompt reporting of
crimes to campus police and the appropriate police
agencies; and
c. procedures that encourage pastoral counselors and
professional counselors, if and when they deem it
appropriate, to inform their clients of any procedures to
report crimes on a voluntary, confidential basis for inclusion
in the annual disclosure of crime statistics.
5. descriptions of the type and frequency of programs that
a. inform students and employees about campus security
procedures and practices; and
b. encourage students and employees to be responsible for
their own security and the security of others.
6. a description of institutional crime prevention programs;
7. a statement of the policies concerning the monitoring and
recording (through local police agencies) of student criminal
activity at off-campus locations of student organizations
recognized by the school, including student organizations with
off-campus housing facilities (see the definition of a campus on
page 2-201);
8. the policies concerning the possession, use, and sale of
alcoholic beverages, including the enforcement of state
underage drinking laws;
9. a statement of institutional policies concerning the possession,
use, and sale of illegal drugs including the enforcement of
state and federal drug laws;
10. a description of the drug and alcohol-abuse education
programs available to students and employees, as required
under section 120(a) through (d) of the Higher Education
Act;
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11. a statement of the sexual assault prevention programs available
and the procedures to be followed when a sex offense occurs,
including:
a. a description of educational programs to promote the
awareness of rape, acquaintance rape, and other forcible
and nonforcible sex offenses;
b. procedures a student should follow if a sex offense occurs
(who to contact and how to contact them, the importance of
preserving evidence for proof of a criminal offense);
c. options for the notification of local law enforcement officials
(including on-campus and local police) and a statement that
school personnel will assist the student in notifying these
authorities, if requested by the student;
d. availability of on- and off-campus counseling, mental health,
or other student services for victims of sex offenses;
e. notice to students that the school will change a victim's
academic and living situations after the alleged sex offense
and of the options for changes, if changes are requested by
the victim and are reasonably available,
f. procedures for campus disciplinary actions in cases of an
alleged sex offense, including a clear statement that both the
accuser and the accused
· are entitled to the same opportunities to have others
present during a disciplinary proceeding, and
· will be informed of the school's final determination any
school disciplinary proceeding with respect to the
alleged sex offense and any sanction that is imposed
against the accused,
g. sanctions the school may impose following a final
determination of a school disciplinary proceeding regarding
rape, acquaintance rape, or other forcible or nonforcible sex
offenses.
The final regulations published on November 1, 1999 made the
following changes to a school's annual security report.
1. The list of crimes that an institution must disclose in its annual
security report has changed as follows:
a. An additional category of manslaughter, broken into two sub
categories, nonnegligent and negligent manslaughter, is
added to the category of murder. Murder and nonnegligent
manslaughter is the willful (nonnegligent) killing of one
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human being by another. Manslaughter by negligence is the
killing of another person through gross negligence. The
new regulations incorporate manslaughter into the
regulations by adding nonnegligent manslaughter to the
current murder category and adding a new negligent
manslaughter category. Collectively the two categories are
referred to as criminal homicide consistent with the FBI's
definitions.
b. The category of arson is added to the crime disclosure list.
Arson is any willful or malicious burning or attempt to burn,
with or without intent to defraud, a dwelling house, public
building, motor vehicle or aircraft, personal property of
another, etc.
2. The period for which liquor-law, drug-law and weapons
possession violations must be reported has changed from the
most recent year to the most recent three years. In addition,
the school must disclose not only the number of arrests for
these crimes but also the unduplicated number of persons who
were referred for campus disciplinary action for these activities.
Institutions should not include students referred for campus
disciplinary action for alcohol, drug, and weapons possession
unless those violations were also violations of law. For example,
if a student of legal drinking age in the state where the
institution is located violates the institution's dry campus policy
and is referred for disciplinary action, that statistic should not
be included in the institution's crime statistics. If a student was
both arrested and referred for campus disciplinary action for
the same violation, the new regulations require that the
institution report the statistic only under arrests.
3. The hate crime disclosure requirement now requires a school
to disclose, by category of prejudice, the number of hate
crimes among all the crimes it is required to report and any
other crimes involving bodily injury reported to a local police
agency or a campus security authority. In addition, schools
must use the UCR standard of evidence of prejudice to assist in
determining if a hate crime occurred.
4. A school must provide a geographic breakdown for the
required crime statistics according to the following categories:
a on campus,
b non-campus building or property,
c public property, and
d dormitories or other residential facilities for students on
campus. (Dormitories and other residential facilities are a
subset of the campus category.)
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5. Crimes must be reported for the calendar year in which the
crime was reported to a campus security authority rather than
the calendar year in which the crime occurred.
6. Schools are specifically prohibited from identifying the victim
or the alleged perpetrator of the crime in the school's
disclosure of its crime statistics.
7. A school must disclose the previous three calendar years' crime
statistics for the required statistical disclosures.
8. Schools were required to begin collecting statistics using the
new categories effective calendar year 1999. A school's 2001
report -- which will include statistics for calendar years 1998,
1999, and 2000 -- must include statistics for calendar years
1999 and 2000 using the new categories. Schools may continue
to report statistics for calendar years 1998 using the previously
applicable categories, except that a school must use the new
categories for those years if the data are available.
9. A school is not required to report statistics related to crimes
that are reported to a pastoral counselor or a professional
counselor, as defined in the regulations, who is functioning
within the scope of his or her license or certification.
10. A school may rely on statistical information supplied by local
and state police agencies, as long as the school makes a
reasonable, good-faith effort to obtain these statistics.
11. The school must disclose its annual security report by
October 1 of each year.
12. The definition of a campus security authority was broadened.
13. A school with a campus police or campus security department
of any kind must maintain a daily, written crime log of any
crime reported to that department that occurred on campus,
in or on a non-campus building or property, or on public
property.
14. Each school must annually submit the statistical section of its
security report to the Department of Education. There is no
requirement that a school submit statistical information in the
crime log to the Department. The school must maintain
campus security records to document the information included
in its annual security report.
Complaints against schools
When a complaint is filed against a school alleging noncompliance
with the campus security regulations, the Department will assess the
complaint and determine the appropriate response.
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Technical assistance to schools in administering the campus
security regulations is available from the Department's Customer
Support Branch at 1-800-433-7327.
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