[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR99.39]

[Page 300]
 
                           TITLE 34--EDUCATION
 
PART 99_FAMILY EDUCATIONAL RIGHTS AND PRIVACY--Table of Contents
 
 Subpart D_May an Educational Agency or Institution Disclose Personally 
            Identifiable Information From Education Records?
 
Sec. 99.39  What definitions apply to the nonconsensual disclosure of records by postsecondary educational institutions in connection with disciplinary 
          proceedings concerning crimes of violence or non-forcible sex 
          offenses?

    As used in this part:
    Alleged perpetrator of a crime of violence is a student who is 
alleged to have committed acts that would, if proven, constitute any of 
the following offenses or attempts to commit the following offenses that 
are defined in appendix A to this part:

Arson
Assault offenses
Burglary
Criminal homicide--manslaughter by negligence
Criminal homicide--murder and nonnegligent manslaughter
Destruction/damage/vandalism of property
Kidnapping/abduction
Robbery
Forcible sex offenses.

    Alleged perpetrator of a nonforcible sex offense means a student who 
is alleged to have committed acts that, if proven, would constitute 
statutory rape or incest. These offenses are defined in appendix A to 
this part.
    Final results means a decision or determination, made by an honor 
court or council, committee, commission, or other entity authorized to 
resolve disciplinary matters within the institution. The disclosure of 
final results must include only the name of the student, the violation 
committed, and any sanction imposed by the institution against the 
student.
    Sanction imposed means a description of the disciplinary action 
taken by the institution, the date of its imposition, and its duration.
    Violation committed means the institutional rules or code sections 
that were violated and any essential findings supporting the 
institution's conclusion that the violation was committed.

(Authority: 20 U.S.C. 1232g(b)(6))

[65 FR 41853, July 6, 2000]