[Federal Register Volume 64, Number 78 (Friday, April 23, 1999)]
[Proposed Rules]
[Pages 20090-20100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9949]
[[Page 20089]]
_______________________________________________________________________
Part III
Department of Justice
_______________________________________________________________________
Office of Justice Programs
_______________________________________________________________________
28 CFR Part 90
Grants to Combat Violent Crimes Against Women on Campuses; Proposed
Rule
Federal Register / Vol. 64, No. 78 / Friday, April 23, 1999 /
Proposed Rules
[[Page 20090]]
DEPARTMENT OF JUSTICE
Office of Justice Programs
28 CFR Part 90
[OJP (OJP)-1206]
RIN 1121-AA49
Grants To Combat Violent Crimes Against Women on Campuses
AGENCY: Violence Against Women Office, Office of Justice Programs,
Justice.
ACTION: Proposed rulemaking.
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SUMMARY: The Violence Against Women Office, Office of Justice Programs,
U.S. Department of Justice, is publishing proposed 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 climate that is
inhospitable to women. Therefore, the higher education community must
address not only the actual incidents and consequences, but also the
underlying causes of violence against women.
DATES: Comments will be received no later than 5:00 p.m. on May 24,
1999.
ADDRESSES: Comments may be sent to Preet Kang, Senior Associate,
Violence Against Women Office, Office of Justice Programs, 810 Seventh
Street, N.W., Washington, D.C. 20531.
FOR FURTHER INFORMATION CONTACT: Preet Kang, Senior Associate, Violence
Against Women Office, Office of Justice Programs, 810 Seventh Street,
N.W., Washington, D.C. 20531. Telephone: (202) 307-6026.
SUPPLEMENTARY INFORMATION: The Violence Against Women Office (VAWO) of
the Office of Justice Programs (OJP) proposes 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.
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:
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\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
fellow 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
[[Page 20091]]
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 causative factor 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 fellow 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 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, 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.
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\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
[[Page 20092]]
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, 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
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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 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, and 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 at the end of this document 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 at the end of this document for an excerpt of this
section.) Under FERPA and if permissible under State law, an
institution of higher education may disclose to law enforcement
agencies the name of the student who is an alleged perpetrator of any
crime of violence or a nonforcible sex offense, as well as his or her
offense and any sanctions imposed upon him or her as a result of campus
disciplinary proceedings conducted by the institution. FERPA permits
such disclosure only after a student has been found to have been in
violation of the
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institution's rules or policies. Moreover, FERPA, as amended by Section
951 of the Higher Education Amendments of 1998, prohibits such
disclosures by institutions of higher education unless the victim(s)
and/or witness(es) provide their written consent.
To be eligible for this Grant Program, grantees are required to
disclose to law enforcement information permitted under FERPA provided
that it is consistent with State law, but only if the victim requests
or agrees to the disclosure. Victims' consent to disclosure is
necessary because their safety, confidentiality, and privacy could be
compromised.
In addition, the Violence Against Women Office of the Office of
Justice Programs will require all institutions of higher education
applying for grant funds to certify that they have, or plan to develop
within 60 days of receipt of grant funds, written policies prohibiting
the disclosure of a victim's or a witness' name, address, telephone
number, or any other identifying information without the prior
voluntary written consent of the victim or witness. All applicants will
be required to forward copies of these policies to the Violence Against
Women Office of the Office of Justice Programs with their grant
application, or if no such policies have been developed, institutions
must include written assurances in their grant application that within
60 days of receipt of a grant award, they will develop written policies
and forward copies of these policies to the Violence Against Women
Office of the Office of Justice Programs. Institutions must also
certify that these policies were developed in close collaboration with
campus-based or community-based victim service programs.
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 purposes 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 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 effectiveness of those activities in achieving the purposes of the
Program.
Request for Comments
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
seeks comments on all aspects of this Program, consistent with the
statutory limitations. Comments are being sought on a broad range of
issues, including but not limited to the topics below.
The Violence Against Women Office of the Office of Justice
Programs is seeking comments on any 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.
For the purposes of this Program, the Violence Against
Women Office of the Office of Justice Programs is seeking comments on
whether there are any special needs of diverse campuses with
underserved populations that should be considered.
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 section 826(b)(4), (5) and (8) of
the Higher Education Amendments of 1998. The Violence Against Women
Office of the Office of Justice Programs is seeking comments on whether
this scope of eligibility adequately covers the types of services
needed by victims.
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 is seeking comments on whether and/or how the exclusion of
programs established and operated by public institutions will affect
the effectiveness of this Program.
For the purposes of this Grant Program, the Violence
Against Women Office of the Office of Justice Programs
[[Page 20095]]
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 is
seeking comments on whether or not these definitions adequately cover
all persons on campuses.
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 is seeking comments on whether or not the scope of the
definition of campus-community members adequately encompasses the types
of victimizations against women likely to occur in a campus
environment.
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 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 is seeking comments on whether or not
the eligibility criteria for grant-funded services adequately covers
all types of victims affiliated with institutions of higher education.
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 is seeking comments on whether or not the
scope of the proposed grant-funded services adequately covers the needs
of victims of sexual assault, stalking, and domestic violence.
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 is seeking
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.
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 is seeking comments on whether or not these
requirements will assist in holding offenders accountable adequately.
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 is seeking 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.
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 is seeking 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.
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
[[Page 20096]]
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 Sec. 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 United States-based companies to compete in domestic and
export markets.
Paperwork Reduction Act
The collection of information requirements contained in the
proposed regulation has been submitted to and approved by the Office of
Management and Budget for review under the Paperwork Reduction Act (44
U.S.C. 3504(h)).
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 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.
[[Page 20097]]
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 to increase arrests, investigations,
and adjudication of persons committing violent crimes against women on
campus;
(b) To train campus administrators, campus security personnel, and
campus disciplinary or judicial boards to more effectively identify and
respond to violent crimes against women on campus, including sexual
assault, stalking, and domestic violence;
(c) To implement and operate education programs for prevention of
violent crimes against women;
(d) To develop, expand, 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 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, and 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;
(h) To develop, enlarge, or strengthen victim service 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 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
(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 (under FERPA and
if permissible under State law, an institution of higher education may
disclose to law enforcement agencies the name of the student who is an
alleged perpetrator of any crime of violence or a nonforcible sex
offense, as well as his or her offense and any sanctions imposed upon
him or her as a result of campus disciplinary proceedings conducted by
the institution. FERPA permits such disclosure only after a student has
been found to have been in violation of the institution's rules or
policies. Moreover, FERPA, as amended by Section 951 of the Higher
Education Amendments of 1998, prohibits such disclosures by
institutions of higher education unless the victim(s) and/or
witness(es) provide their written consent.);
(4) Disclose to law enforcement information permitted under FERPA
provided that it is consistent with State law, but only if the victim
requests or agrees to the disclosure;
(5) Certify that they have, or plan to develop within 60 days of
receipt of grant funds, written policies prohibiting the disclosure of
a victim's or a witness' name, address, telephone number, or any other
identifying information without the prior voluntary written consent of
the victim or witness;
(6) Forward copies of policies referred to in paragraph (b)(4) of
this section to the Violence Against Women Office of the Office of
Justice Programs with their grant applications, or if no such policies
have been developed, must include written assurances in their grant
application that within 60 days of receipt of a grant award, they will
develop written policies and forward copies of these policies to the
Violence Against Women Office of the Office of Justice Programs;
(7) Certify that policies referred to in paragraph (b)(4) of this
section have been developed in close collaboration with campus-based or
community-based victim service programs; and
(8) 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 section 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;
[[Page 20098]]
(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 section 826 (b) of the Higher Education Amendments of 1998,
Pub. L. 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 has developed policies 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.
(3) Each institution of higher education applying for grant funds
must certify that it has, or plans to develop within 60 days of receipt
of grant funds, written policies prohibiting the disclosure of a
victim's or a witness' name, address, telephone number, or any other
identifying information without the prior voluntary written consent of
the victim or witness.
(4) Each institution of higher education applying for grant funds
is required to forward copies of these policies to the Violence Against
Women Office of the Office of Justice Programs with their grant
application, or if no such policies have been developed, institutions
must include written assurances in their grant application that within
60 days of receipt of a grant award, they will develop written policies
and forward copies of these policies to the Violence Against Women
Office of the Office of Justice Programs.
(5) Each institution of higher education applying for grant funds
must certify that policies referred to in paragraph (d)(4) of this
section have been developed in close collaboration with campus-based or
community-based victim service programs.
(6) 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(f)
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,
[[Page 20099]]
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 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. 1070 et seq.] and part C of subchapter I of
chapter 34 of Title 42 [42 U.S.C.A. 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. 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--
[[Page 20100]]
(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;
(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.
* * * * *
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: April 15, 1999.
Laurie Robinson,
Assistant Attorney General, Office of Justice Programs.
[FR Doc. 99-9949 Filed 4-22-99; 8:45 am]
BILLING CODE 4410-18-P
