[Code of Federal Regulations] [Title 34, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR668.48] [Page 473-475] TITLE 34--EDUCATION DEPARTMENT OF EDUCATION PART 668--STUDENT ASSISTANCE GENERAL PROVISIONS--Table of Contents Subpart D--Institutional and Financial Assistance Information for Students Sec. 668.48 Report on completion or graduation rates for student-athletes. (a)(1) Annually, by July 1, an institution that is attended by students receiving athletically-related student aid must produce a report containing the following information: (i) The number of students, categorized by race and gender, who attended that institution during the year prior to the submission of the report. (ii) The number of students described in paragraph (a)(1)(i) of this section who received athletically-related student aid, categorized by race and gender within each sport. (iii) The completion or graduation rate and if applicable, transfer- out rate of all the entering, certificate- or degree-seeking, full-time, undergraduate students described in Sec. 668.45(a)(1), categorized by race and gender. (iv) The completion or graduation rate and if applicable, transfer- out rate of the entering students described in Sec. 668.45(a)(1) who received athletically-related student aid, categorized by race and gender within each sport. (v) The average completion or graduation rate and if applicable, transfer-out rate for the four most recent completing or graduating classes of entering students described in Sec. 668.45(a)(1), (3), and (4) categorized by race and gender. If an institution has completion or graduation rates and, if applicable, transfer-out rates for fewer than four of those classes, it must disclose the average rate of those classes for which it has rates. (vi) The average completion or graduation rate and if applicable, transfer-out rate of the four most recent completing or graduating classes of entering students described in Sec. 668.45 (a)(1) who received athletically-related student aid, categorized by race and gender within each sport. If an institution has completion or graduation rates and if applicable, transfer-out rates for fewer than four of those classes, it must disclose the average rate of those classes for which it has rates. (2) For purposes of this section, sport means-- (i) Basketball; (ii) Football; (iii) Baseball; (iv) Cross-country and track combined; and (v) All other sports combined. (3) If a category of students identified in paragraph (a)(1)(iv) above contains five or fewer students, the institution need not disclose information on that category of students. (b) The provisions of Sec. 668.45 (a), (b), (c), and (d) apply for purposes of calculating the completion or graduation rates and, if applicable, transfer-out rates required under paragraphs (a)(1)(iii) through (vi) of this section. (c) Each institution of higher education described in paragraph (a) of this section may also provide to students and the Secretary supplemental information containing-- (1) The graduation or completion rate of the students who transferred into the institution; and (2) The number of students who transferred out of the institution. (d) The provisions of Sec. 668.46(e) apply for purposes of this section. (Approved by the Office of Management and Budget under control number 1845-0004) (Authority: 20 U.S.C. 1092) [60 FR 61788, Dec. 1, 1995. Redesignated and amended at 64 FR 59067, 59072, Nov. 1, 1999] [[Page 474]] Appendix A to Subpart D of Part 668--Crime Definitions in Accordance With the Federal Bureau of Investigation's Uniform Crime Reporting Program The following definitions are to be used for reporting the crimes listed in Sec. 668.47, in accordance with the Federal Bureau of Investigation's Uniform Crime Reporting Program. The definitions for murder, robbery, aggravated assault, burglary, motor vehicle theft, weapon law violations, drug abuse violations and liquor law violations are excerpted from the Uniform Crime Reporting Handbook. The definitions of forcible and nonforcible sex offenses are excerpted from the National Incident-Based Reporting System Edition of the Uniform Crime Reporting Handbook. Crime Definitions From the Uniform Crime Reporting Handbook 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. 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. Robbery The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear. 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 personal injury if the crime were successfully completed.) Burglary The unlawful entry of a structure to commit a felony or a theft. For reporting purposes this definition includes: unlawful entry with intent to commit a larceny or felony; breaking and entering with intent to commit a larceny; housebreaking; safecracking; and all attempts to commit any of the aforementioned. Motor Vehicle Theft The theft or attempted theft of a motor vehicle. (Classify as motor vehicle theft all cases where automobiles are taken by persons not having lawful access even though the vehicles are later abandoned-- including joyriding.) Weapon Law Violations The violation of laws or ordinances dealing with weapon offenses, regulatory in nature, such as: manufacture, sale, or possession of deadly weapons; carrying deadly weapons, concealed or openly; furnishing deadly weapons to minors; aliens possessing deadly weapons; and all attempts to commit any of the aforementioned. Drug Abuse Violations Violations of State and local laws relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs. The relevant substances include: opium or cocaine and their derivatives (morphine, heroin, codeine); marijuana; synthetic narcotics (demerol, methadones); and dangerous nonnarcotic drugs (barbiturates, benzedrine). Liquor Law Violations The violation of laws or ordinances prohibiting: the manufacture, sale, transporting, furnishing, possessing of intoxicating liquor; maintaining unlawful drinking places; bootlegging; operating a still; furnishing liquor to a minor or intemperate person; using a vehicle for illegal transportation of liquor; drinking on a train or public conveyance; and all attempts to commit any of the aforementioned. (Drunkenness and driving under the influence are not included in this definition.) Sex Offenses Definitions From the National Incident-Based Reporting System Edition of the Uniform Crime Reporting Program Sex Offenses--Forcible Any sexual act directed against another person, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent. A. Forcible Rape--The carnal knowledge of a person, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity (or because of his/ her youth). [[Page 475]] B. Forcible Sodomy--Oral or anal sexual intercourse with another person, forcibly and/or against that person's will; or not forcibly against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity. C. Sexual Assault With An Object-- The use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity. D. Forcible Fondling--The touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person's will; or, not forcibly or against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental incapacity. Sex Offenses--Nonforcible 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. [59 FR 22320, Apr. 29, 1994, as amended at 64 FR 59073, Nov. 1, 1999. Redesignated at 65 FR 65650, Nov. 1, 2000]