[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: 34CFR99.39]



[Page 328-329]

 

                           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,



[[Page 329]]



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]