[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 B]

[Page 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 B to Part 216--ROTC Sample Letter of Inquiry

(Tailor letter to situation presented)
Dr. Jane Smith,
    President, ABC University, Anywhere, USA 12345-9876.
    Dear Dr. Smith: I understand that ABC University has [refused a
request from a Military Department to establish a Senior ROTC unit at
your institution] [refused to continue existing ROTC programs at your
institution][prevented students from participation at a Senior ROTC
program at another institution] by a policy or practice of the
University.
    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 prohibiting or
preventing the Secretary of Defense from maintaining, establishing, or
efficiently operating a Senior ROTC unit. 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 ROTC access on the campus of ABC
University. In that regard, I request, within the next 30 days, a
written statement of the institution with respect to [define the problem
area(s)].
    Based on this information, Department of Defense officials will make
a determination as to your institution's eligibility to receive the
above-referenced 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 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 officer
procurement requires that the Department of Defense maintain a strong
ROTC program. I hope it will be possible to [define the correction to
the aforementioned problem area(s)]. [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,