[Code of Federal Regulations]

[Title 34, Volume 3]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR668.46]



[Page 453-457]

 

                           TITLE 34--EDUCATION

 

 CHAPTER VI--OFFICE OF POSTSECONDARY EDUCATION, DEPARTMENT OF EDUCATION

 

PART 668_STUDENT ASSISTANCE GENERAL PROVISIONS--Table of Contents

 

    Subpart D_Institutional and Financial Assistance Information for 

                                Students

 

Sec. 668.46  Institutional security policies and crime statistics.



    (a) Additional definitions that apply to this section.

    Business day: Monday through Friday, excluding any day when the 

institution is closed.

    Campus: (1) Any building or property owned or controlled by an 

institution within the same reasonably contiguous geographic area and 

used by the institution in direct support of, or in a manner related to, 

the institution's educational purposes, including residence halls; and

    (2) Any building or property that is within or reasonably contiguous 

to the area identified in paragraph (1) of this definition, that is 

owned by the institution but controlled by another person, is frequently 

used by students, and supports institutional purposes (such as a food or 

other retail vendor).

    Campus security authority: (1) A campus police department or a 

campus security department of an institution.

    (2) Any individual or individuals who have responsibility for campus 

security but who do not constitute a campus police department or a 

campus security department under paragraph (1) of this definition, such 

as an individual who is responsible for monitoring entrance into 

institutional property.

    (3) Any individual or organization specified in an institution's 

statement of campus security policy as an individual or organization to 

which students and employees should report criminal offenses.

    (4) An official of an institution who has significant responsibility 

for student and campus activities, including, but not limited to, 

student housing, student discipline, and campus judicial proceedings. If 

such an official is a pastoral or professional counselor as defined 

below, the official is not considered a campus security authority when 

acting as a pastoral or professional counselor.



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    Noncampus building or property: (1) Any building or property owned 

or controlled by a student organization that is officially recognized by 

the institution; or

    (2) Any building or property owned or controlled by an institution 

that is used in direct support of, or in relation to, the institution's 

educational purposes, is frequently used by students, and is not within 

the same reasonably contiguous geographic area of the institution.

    Pastoral counselor: A person who is associated with a religious 

order or denomination, is recognized by that religious order or 

denomination as someone who provides confidential counseling, and is 

functioning within the scope of that recognition as a pastoral 

counselor.

    Professional counselor: A person whose official responsibilities 

include providing mental health counseling to members of the 

institution's community and who is functioning within the scope of his 

or her license or certification.

    Public property: All public property, including thoroughfares, 

streets, sidewalks, and parking facilities, that is within the campus, 

or immediately adjacent to and accessible from the campus.

    Referred for campus disciplinary action: The referral of any person 

to any campus official who initiates a disciplinary action of which a 

record is kept and which may result in the imposition of a sanction.

    (b) Annual security report. An institution must prepare an annual 

security report that contains, at a minimum, the following information:

    (1) The crime statistics described in paragraph (c) of this section.

    (2) A statement of current campus policies regarding procedures for 

students and others to report criminal actions or other emergencies 

occurring on campus. This statement must include the institution's 

policies concerning its response to these reports, including--

    (i) Policies for making timely warning reports to members of the 

campus community regarding the occurrence of crimes described in 

paragraph (c)(1) of this section;

    (ii) Policies for preparing the annual disclosure of crime 

statistics; and

    (iii) A list of the titles of each person or organization to whom 

students and employees should report the criminal offenses described in 

paragraph (c)(1) of this section for the purpose of making timely 

warning reports and the annual statistical disclosure. This statement 

must also disclose whether the institution has any policies or 

procedures that allow victims or witnesses to report crimes on a 

voluntary, confidential basis for inclusion in the annual disclosure of 

crime statistics, and, if so, a description of those policies and 

procedures.

    (3) A statement of current policies concerning security of and 

access to campus facilities, including campus residences, and security 

considerations used in the maintenance of campus facilities.

    (4) A statement of current policies concerning campus law 

enforcement that--

    (i) Addresses the enforcement authority of security personnel, 

including their relationship with State and local police agencies and 

whether those security personnel have the authority to arrest 

individuals;

    (ii) Encourages accurate and prompt reporting of all crimes to the 

campus police and the appropriate police agencies; and

    (iii) Describes procedures, if any, that encourage pastoral 

counselors and professional counselors, if and when they deem it 

appropriate, to inform the persons they are counseling of any procedures 

to report crimes on a voluntary, confidential basis for inclusion in the 

annual disclosure of crime statistics.

    (5) 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.

    (6) A description of programs designed to inform students and 

employees about the prevention of crimes.

    (7) A statement of policy concerning the monitoring and recording 

through local police agencies of criminal activity in which students 

engaged at off-



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campus locations of student organizations officially recognized by the 

institution, including student organizations with off-campus housing 

facilities.

    (8) A statement of policy regarding the possession, use, and sale of 

alcoholic beverages and enforcement of State underage drinking laws.

    (9) A statement of policy regarding the possession, use, and sale of 

illegal drugs and enforcement of Federal and State drug laws.

    (10) A description of any drug or alcohol-abuse education programs, 

as required under section 120(a) through (d) of the HEA. For the purpose 

of meeting this requirement, an institution may cross-reference the 

materials the institution uses to comply with section 120(a) through (d) 

of the HEA.

    (11) A statement of policy regarding the institution's campus sexual 

assault programs to prevent sex offenses, and procedures to follow when 

a sex offense occurs. The statement must include--

    (i) A description of educational programs to promote the awareness 

of rape, acquaintance rape, and other forcible and nonforcible sex 

offenses;

    (ii) Procedures students should follow if a sex offense occurs, 

including procedures concerning who should be contacted, the importance 

of preserving evidence for the proof of a criminal offense, and to whom 

the alleged offense should be reported;

    (iii) Information on a student's option to notify appropriate law 

enforcement authorities, including on-campus and local police, and a 

statement that institutional personnel will assist the student in 

notifying these authorities, if the student requests the assistance of 

these personnel;

    (iv) Notification to students of existing on- and off-campus 

counseling, mental health, or other student services for victims of sex 

offenses;

    (v) Notification to students that the institution will change a 

victim's academic and living situations after an alleged sex offense and 

of the options for those changes, if those changes are requested by the 

victim and are reasonably available;

    (vi) Procedures for campus disciplinary action in cases of an 

alleged sex offense, including a clear statement that--

    (A) The accuser and the accused are entitled to the same 

opportunities to have others present during a disciplinary proceeding; 

and

    (B) Both the accuser and the accused must be informed of the outcome 

of any institutional disciplinary proceeding brought alleging a sex 

offense. Compliance with this paragraph does not constitute a violation 

of the Family Educational Rights and Privacy Act (20 U.S.C. 1232g). For 

the purpose of this paragraph, the outcome of a disciplinary proceeding 

means only the institution's final determination with respect to the 

alleged sex offense and any sanction that is imposed against the 

accused; and

    (vii) Sanctions the institution may impose following a final 

determination of an institutional disciplinary proceeding regarding 

rape, acquaintance rape, or other forcible or nonforcible sex offenses.

    (12) Beginning with the annual security report distributed by 

October 1, 2003, a statement advising the campus community where law 

enforcement agency information provided by a State under section 

170101(j) of the Violent Crime Control and Law Enforcement Act of 1994 

(42 U.S.C. 14071(j)), concerning registered sex offenders may be 

obtained, such as the law enforcement office of the institution, a local 

law enforcement agency with jurisdiction for the campus, or a computer 

network address.

    (c) Crime statistics. (1) Crimes that must be reported. An 

institution must report statistics for the three most recent calendar 

years concerning the occurrence on campus, in or on noncampus buildings 

or property, and on public property of the following that are reported 

to local police agencies or to a campus security authority:

    (i) Criminal homicide:

    (A) Murder and nonnegligent manslaughter.

    (B) Negligent manslaughter.

    (ii) Sex offenses:

    (A) Forcible sex offenses.

    (B) Nonforcible sex offenses.

    (iii) Robbery.

    (iv) Aggravated assault.

    (v) Burglary.

    (vi) Motor vehicle theft.

    (vii) Arson.



[[Page 456]]



    (viii) (A) Arrests for liquor law violations, drug law violations, 

and illegal weapons possession.

    (B) Persons not included in paragraph (c)(1)(viii)(A) of this 

section, who were referred for campus disciplinary action for liquor law 

violations, drug law violations, and illegal weapons possession.

    (2) Recording crimes. An institution must record a crime statistic 

in its annual security report for the calendar year in which the crime 

was reported to a campus security authority.

    (3) Reported crimes if a hate crime. An institution must report, by 

category of prejudice, any crime it reports pursuant to paragraphs 

(c)(1)(i) through (vii) of this section, and any other crime involving 

bodily injury reported to local police agencies or to a campus security 

authority, that manifest evidence that the victim was intentionally 

selected because of the victim's actual or perceived race, gender, 

religion, sexual orientation, ethnicity, or disability.

    (4) Crimes by location. The institution must provide a geographic 

breakdown of the statistics reported under paragraphs (c)(1) and (3) of 

this section according to the following categories:

    (i) On campus.

    (ii) Of the crimes in paragraph (c)(4)(i) of this section, the 

number of crimes that took place in dormitories or other residential 

facilities for students on campus.

    (iii) In or on a noncampus building or property.

    (iv) On public property.

    (5) Identification of the victim or the accused. The statistics 

required under paragraphs (c)(1) and (3) of this section may not include 

the identification of the victim or the person accused of committing the 

crime.

    (6) Pastoral and professional counselor. An institution is not 

required to report statistics under paragraphs (c)(1) and (3) of this 

section for crimes reported to a pastoral or professional counselor.

    (7) UCR definitions. An institution must compile the crime 

statistics required under paragraphs (c)(1) and (3) of this section 

using the definitions of crimes provided in appendix A to this subpart 

and the Federal Bureau of Investigation's Uniform Crime Reporting (UCR) 

Hate Crime Data Collection Guidelines and Training Guide for Hate Crime 

Data Collection. For further guidance concerning the application of 

definitions and classification of crimes, an institution must use either 

the UCR Reporting Handbook or the UCR Reporting Handbook: NIBRS EDITION, 

except that in determining how to report crimes committed in a multiple-

offense situation an institution must use the UCR Reporting Handbook. 

Copies of the UCR publications referenced in this paragraph are 

available from: FBI, Communications Unit, 1000 Custer Hollow Road, 

Clarksburg, WV 26306 (telephone: 304-625-2823).

    (8) Use of a map. In complying with the statistical reporting 

requirements under paragraphs (c)(1) and (3) of this section, an 

institution may provide a map to current and prospective students and 

employees that depicts its campus, noncampus buildings or property, and 

public property areas if the map accurately depicts its campus, 

noncampus buildings or property, and public property areas.

    (9) Statistics from police agencies. In complying with the 

statistical reporting requirements under paragraphs (c)(1) through (4) 

of this section, an institution must make a reasonable, good faith 

effort to obtain the required statistics and may rely on the information 

supplied by a local or State police agency. If the institution makes 

such a reasonable, good faith effort, it is not responsible for the 

failure of the local or State police agency to supply the required 

statistics.

    (d) Separate campus. An institution must comply with the 

requirements of this section for each separate campus.

    (e) Timely warning. (1) An institution must, in a manner that is 

timely and will aid in the prevention of similar crimes, report to the 

campus community on crimes that are--

    (i) Described in paragraph (c)(1) and (3) of this section;

    (ii) Reported to campus security authorities as identified under the 

institution's statement of current campus policies pursuant to paragraph 

(b)(2) of this section or local police agencies; and

    (iii) Considered by the institution to represent a threat to 

students and employees.



[[Page 457]]



    (2) An institution is not required to provide a timely warning with 

respect to crimes reported to a pastoral or professional counselor.

    (f) Crime log. (1) An institution that maintains a campus police or 

a campus security department must maintain a written, easily understood 

daily crime log that records, by the date the crime was reported, any 

crime that occurred on campus, on a noncampus building or property, on 

public property, or within the patrol jurisdiction of the campus police 

or the campus security department and is reported to the campus police 

or the campus security department. This log must include--

    (i) The nature, date, time, and general location of each crime; and

    (ii) The disposition of the complaint, if known.

    (2) The institution must make an entry or an addition to an entry to 

the log within two business days, as defined under paragraph (a) of this 

section, of the report of the information to the campus police or the 

campus security department, unless that disclosure is prohibited by law 

or would jeopardize the confidentiality of the victim.

    (3)(i) An institution may withhold information required under 

paragraphs (f)(1) and (2) of this section if there is clear and 

convincing evidence that the release of the information would--

    (A) Jeopardize an ongoing criminal investigation or the safety of an 

individual;

    (B) Cause a suspect to flee or evade detection; or

    (C) Result in the destruction of evidence.

    (ii) The institution must disclose any information withheld under 

paragraph (f)(3)(i) of this section once the adverse effect described in 

that paragraph is no longer likely to occur.

    (4) An institution may withhold under paragraphs (f)(2) and (3) of 

this section only that information that would cause the adverse effects 

described in those paragraphs.

    (5) The institution must make the crime log for the most recent 60-

day period open to public inspection during normal business hours. The 

institution must make any portion of the log older than 60 days 

available within two business days of a request for public inspection.



(Approved by the Office of Management and Budget under control number 

1845-0022)



(Authority: 20 U.S.C. 1092)



[64 FR 59069, Nov. 1, 1999, as amended at 65 FR 65637, Nov. 1, 2000; 67 

FR 66520, Oct. 31, 2002]