[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: 34CFR99.67] [Page 302-305] TITLE 34--EDUCATION PART 99_FAMILY EDUCATIONAL RIGHTS AND PRIVACY--Table of Contents Subpart E_What Are the Enforcement Procedures? Sec. 99.67 How does the Secretary enforce decisions? (a) If the educational agency or institution does not comply during the period of time set under Sec. 99.66(c), the Secretary may, in accordance with part E of the General Education Provisions Act-- (1) Withhold further payments under any applicable program; (2) Issue a compliant to compel compliance through a cease-and- desist order; or (3) Terminate eligibility to receive funding under any applicable program. (b) If, after an investigation under Sec. 99.66, the Secretary finds that an educational agency or institution has complied voluntarily with the Act or this part, the Secretary provides the complainant and the agency or institution written notice of the decision and the basis for the decision. (Note: 34 CFR part 78 contains the regulations of the Education Appeal Board) (Authority: 20 U.S.C. 1232g(f); 20 U.S.C. 1234) [53 FR 11943, Apr. 11, 1988; 53 FR 19368, May 27, 1988, as amended at 58 FR 3189, Jan. 7, 1993] Appendix A To Part 99--Crimes of Violence Definitions Arson 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. Assault Offenses An unlawful attack by one person upon another. Note: By definition there can be no ``attempted'' assaults, only ``completed'' assaults. (a) Aggravated Assault. An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm. (It is not necessary that injury result from an aggravated assault when a gun, knife, or other weapon is used which could and probably would result in serious injury if the crime were successfully completed.) (b) Simple Assault. An unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness. (c) Intimidation. To unlawfully place another person in reasonable fear of bodily harm through the use of threatening words or other conduct, or both, but without displaying a weapon or subjecting the victim to actual physical attack. Note: This offense includes stalking. Burglary The unlawful entry into a building or other structure with the intent to commit a felony or a theft. Criminal Homicide--Manslaughter by Negligence The killing of another person through gross negligence. Criminal Homicide--Murder and Nonnegligent Manslaughter The willful (nonnegligent) killing of one human being by another. Destruction/Damage/Vandalism of Property To willfully or maliciously destroy, damage, deface, or otherwise injure real or personal property without the consent of the owner or the person having custody or control of it. Kidnapping/Abduction The unlawful seizure, transportation, or detention of a person, or any combination of these actions, against his or her will, or of a minor without the consent of his or her custodial parent(s) or legal guardian. Note: Kidnapping/Abduction includes hostage taking. Robbery The taking of, or attempting to take, anything of value under confrontational circumstances from the control, custody, or care of a person or persons by force or threat of force or violence or by putting the victim in fear. Note: Carjackings are robbery offenses where a motor vehicle is taken through force or threat of force. Sex Offenses, Forcible Any sexual act directed against another person, forcibly or against that person's will, or both; or not forcibly or against the person's will where the victim is incapable of giving consent. (a) Forcible Rape (Except ``Statutory Rape''). The carnal knowledge of a person, forcibly or against that person's will, or both; or not forcibly or against the person's will where the victim is incapable of giving [[Page 303]] consent because of his or her temporary or permanent mental or physical incapacity (or because of his or her youth). (b) Forcible Sodomy. Oral or anal sexual intercourse with another person, forcibly or against that person's will, or both; or not forcibly or against the person's will where the victim is incapable of giving consent because of his or her youth or because of his or her temporary or permanent mental or physical incapacity. (c) Sexual Assault With An Object. To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly or against that person's will, or both; or not forcibly or against the person's will where the victim is incapable of giving consent because of his or her youth or because of his or her temporary or permanent mental or physical incapacity. Note: An ``object'' or ``instrument'' is anything used by the offender other than the offender's genitalia. Examples are a finger, bottle, handgun, stick, etc. (d) Forcible Fondling. The touching of the private body parts of another person for the purpose of sexual gratification, forcibly or against that person's will, or both; or not forcibly or against the person's will where the victim is incapable of giving consent because of his or her youth or because of his or her temporary or permanent mental or physical incapacity. Note: Forcible Fondling includes ``Indecent Liberties'' and ``Child Molesting.'' Nonforcible Sex Offenses (Except ``Prostitution Offenses'') Unlawful, nonforcible sexual intercourse. (a) Incest. Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. (b) Statutory Rape. Nonforcible sexual intercourse with a person who is under the statutory age of consent. (Authority: 20 U.S.C. 1232g(b)(6) and 18 U.S.C. 16) [65 FR 41854, July 6, 2000] [[Page 305]] Subtitle B--Regulations of the Offices of the Department of Education [[Page 307]]