[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 34CFR86.301]



[Page 294]

 

                           TITLE 34--EDUCATION

 

PART 86_DRUG AND ALCOHOL ABUSE PREVENTION--Table of Contents

 

Subpart D_Responses and Sanctions Issued or Imposed by the Secretary for 

                          Violations by an IHE

 

Sec.  86.301  What actions may the Secretary take if an IHE violates 

this part?



    (a) If an IHE violates its certification, the Secretary may issue a 

response to the IHE. A response may include, but is not limited to--

    (1) Provision of information and technical assistance; and

    (2) Formulation of a compliance agreement designed to bring the IHE 

into full compliance with this part as soon as feasible.

    (b) If an IHE receives any form of Federal financial assistance 

without having submitted a certification or violates its certification, 

the Secretary may impose one or more sanctions on the IHE, including--

    (1) Repayment of any or all forms of Federal financial assistance 

received by the IHE when it was in violation of this part; and

    (2) The termination of any or all forms of Federal financial 

assistance that--

    (i)(A) Except as specified in paragraph (b)(2)(ii) of this section, 

ends an IHE's eligibility to receive any or all forms of Federal 

financial assistance. The Secretary specifies which forms of Federal 

financial assistance would be affected; and

    (B) Prohibits an IHE from making any new obligations against Federal 

funds; and

    (ii) For purposes of an IHE's participation in the student financial 

assistance programs authorized by title IV of the Higher Education Act 

of 1965 as amended, has the same effect as a termination under 34 CFR 

668.94.



(Authority: 20 U.S.C. 1145g)



[55 FR 33581, Aug. 16, 1990, as amended at 61 FR 66225, Dec. 17, 1996]