[Code of Federal Regulations]
[Title 34, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR668.46]
[Page 463-467]
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.
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(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.
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 student
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
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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-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.
(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:
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(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.
(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--
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(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.
(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]
Appendix A to Subpart D of Part 668--Crime Definitions in Accordance
With the Federal Bureau of Investigation's Uniform Crime Reporting
Program
The following definitions are to be used for reporting the crimes
listed in Sec. 668.47, in accordance with the Federal Bureau of
Investigation's Uniform Crime Reporting Program. The definitions for
murder, robbery, aggravated assault, burglary, motor vehicle theft,
weapon law violations, drug abuse violations and liquor law violations
are excerpted from the Uniform Crime Reporting Handbook. The
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definitions of forcible and nonforcible sex offenses are excerpted from
the National Incident-Based Reporting System Edition of the Uniform
Crime Reporting Handbook.
Crime Definitions From the Uniform Crime Reporting Handbook
Arson
Any willful or malicious burning or attempt to burn, with or without
intent to defraud, a dwelling house, public building, motor vehicle or
aircraft, personal property of another, etc.
Criminal Homicide--Manslaughter by Negligence
The killing of another person through gross negligence.
Criminal Homicide--Murder and Nonnegligent Manslaughter
The willful (nonnegligent) killing of one human being by another.
Robbery
The taking or attempting to take anything of value from the care,
custody, or control of a person or persons by force or threat of force
or violence and/or by putting the victim in fear.
Aggravated Assault
An unlawful attack by one person upon another for the purpose of
inflicting severe or aggravated bodily injury. This type of assault
usually is accompanied by the use of a weapon or by means likely to
produce death or great bodily harm. (It is not necessary that injury
result from an aggravated assault when a gun, knife, or other weapon is
used which could and probably would result in serious personal injury if
the crime were successfully completed.)
Burglary
The unlawful entry of a structure to commit a felony or a theft. For
reporting purposes this definition includes: unlawful entry with intent
to commit a larceny or felony; breaking and entering with intent to
commit a larceny; housebreaking; safecracking; and all attempts to
commit any of the aforementioned.
Motor Vehicle Theft
The theft or attempted theft of a motor vehicle. (Classify as motor
vehicle theft all cases where automobiles are taken by persons not
having lawful access even though the vehicles are later abandoned--
including joyriding.)
Weapon Law Violations
The violation of laws or ordinances dealing with weapon offenses,
regulatory in nature, such as: manufacture, sale, or possession of
deadly weapons; carrying deadly weapons, concealed or openly; furnishing
deadly weapons to minors; aliens possessing deadly weapons; and all
attempts to commit any of the aforementioned.
Drug Abuse Violations
Violations of State and local laws relating to the unlawful
possession, sale, use, growing, manufacturing, and making of narcotic
drugs. The relevant substances include: opium or cocaine and their
derivatives (morphine, heroin, codeine); marijuana; synthetic narcotics
(demerol, methadones); and dangerous nonnarcotic drugs (barbiturates,
benzedrine).
Liquor Law Violations
The violation of laws or ordinances prohibiting: the manufacture,
sale, transporting, furnishing, possessing of intoxicating liquor;
maintaining unlawful drinking places; bootlegging; operating a still;
furnishing liquor to a minor or intemperate person; using a vehicle for
illegal transportation of liquor; drinking on a train or public
conveyance; and all attempts to commit any of the aforementioned.
(Drunkenness and driving under the influence are not included in this
definition.)
Sex Offenses Definitions From the National Incident-Based Reporting
System Edition of the Uniform Crime Reporting Program
Sex Offenses--Forcible
Any sexual act directed against another person, forcibly and/or
against that person's will; or not forcibly or against the person's will
where the victim is incapable of giving consent.
A. Forcible Rape--The carnal knowledge of a person, forcibly and/or
against that person's will; or not forcibly or against the person's will
where the victim is incapable of giving consent because of his/her
temporary or permanent mental or physical incapacity (or because of his/
her youth).
B. Forcible Sodomy--Oral or anal sexual intercourse with another
person, forcibly and/or against that person's will; or not forcibly
against the person's will where the victim is incapable of giving
consent because of his/her youth or because of his/her temporary or
permanent mental or physical incapacity.
C. Sexual Assault With An Object-- The use of an object or
instrument to unlawfully penetrate, however slightly, the genital or
anal opening of the body of another person, forcibly and/or against that
person's will; or not
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forcibly or against the person's will where the victim is incapable of
giving consent because of his/her youth or because of his/her temporary
or permanent mental or physical incapacity.
D. Forcible Fondling--The touching of the private body parts of
another person for the purpose of sexual gratification, forcibly and/or
against that person's will; or, not forcibly or against the person's
will where the victim is incapable of giving consent because of his/her
youth or because of his/her temporary or permanent mental incapacity.
Sex Offenses--Nonforcible
Unlawful, nonforcible sexual intercourse.
A. Incest--Nonforcible sexual intercourse between persons who are
related to each other within the degrees wherein marriage is prohibited
by law.
B. Statutory Rape--Nonforcible sexual intercourse with a person who
is under the statutory age of consent.
[59 FR 22320, Apr. 29, 1994, as amended at 64 FR 59073, Nov. 1, 1999.
Redesignated at 65 FR 65650, Nov. 1, 2000]
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