[Code of Federal Regulations]
[Title 32, Volume 2]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR216 App A]

[Page 411-412]

                       TITLE 32--NATIONAL DEFENSE

        CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED)

PART 216_MILITARY RECRUITING AND RESERVE OFFICER TRAINING CORPS PROGRAM ACCESS

   Sec. Appendix A of Part 216--Military Recruiting Sample Letter of
                                 Inquiry

(Tailor letter to situation presented)
Dr. John Doe,
    President, ABC University, Anywhere, USA 12345-9876.
    Dear Dr. Doe: I understand that military recruiting personnel [have
been unable to recruit or have been refused student-recruiting
information \3\ at (subelement of) ABC University)] by a policy or
practice of the school. Specifically, military recruiting personnel have
reported [here state policy decisions or practices encountered]. [If
preliminary information coming to the attention of a Military Service
indicates that other Military Services' recruiting representatives have
been similarly informed of the policy or experienced a similar practice
affecting their ability for military recruiting purposes to have the
access or information require, so state.]
---------------------------------------------------------------------------

    \3\ Student-recruiting information refers to a student's name,
address, telephone listing, age (or year of birth), level of education
(e.g., freshman, sophomore, or degree awarded for a recent graduate),
and major(s).
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    Current Federal law (10 U.S.C. 983) denies the use of certain
Federal funds through grants or contracts, to include payment on such
contracts or grants previously obligated, (excluding any Federal funding
to an institution of higher education, or to an individual, to be
available solely for student financial assistance, related
administrative costs, or costs associated with attendance) from
appropriations of the Departments of Defense, Transportation, Labor,
Health and Human Services, Education, and related agencies to
institutions of higher education (including any subelements of such
institutions) that have a policy or practice of denying military
recruiting personnel access to campuses or access to students on
campuses, in a manner that is at least equal in quality and scope (as
explained in Sec. 216.3 of Title 32, Code of Federal Regulations, Part
216), as it provides to nonmilitary recruiters, or access to student
recruiting information. Implementing regulations are codified at Title
32, Code of Federal Regulations, Part 216.
    This letter provides you an opportunity to clarify your
institution's policy regarding military recruiting on the campus of
[University]. In that regard, I request, within the next 30 days, a
written policy statement of the institution with respect to access to
campus and students by military recruiting personnel. Your response
should highlight any difference between access for military recruiters
and access for recruiting by other potential employers.
    Based on this information and any additional facts you can provide,
Department of Defense officials will make a determination as to your
institution's eligibility to receive funds by grant or contract. That
decision may affect eligibility for funding from appropriations of the
Departments of Defense, Transportation, Labor, Health and Human
Services, Education, and related agencies. Should it be determined that
[University] as an institution of higher education (or any subelement of
the institution) is in violation of the aforementioned statutes and
regulations, such funding would be stopped, and the institution of
higher education (including any subelements

[[Page 412]]

of the institution) would remain ineligible to receive such funds until
and unless the Department of Defense determines that the institution has
ceased the offending policies and practices.
    I regret that this action may have to be taken. Successful
recruiting requires that Department of Defense recruiters have equal
access to students on the campuses of colleges and universities [and
student-recruiting information], and at the same time, have effective
relationships with the officials and student bodies of those
institutions. I hope it will be possible to identify and correct any
policies or practices that inhibit military recruiting at your school.
[My representative, (name), is] [I am] available to answer any of your
questions by telephone at [telephone number]. I look forward to your
reply.

 Sincerely,