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Notice of Federal Student Financial Aid Penalties for Drug Law Violations
How Disclosed: Information provided to each student in a separate written notice
HEOA Sec. 488(g): amended HEA Sec. 485 (20 U.S.C. 1092): added HEA Sec. 485(k) HEOA
amendment effective August 14, 2008
34 CFR 668.40
Each institution must provide to each student, upon enrollment, a separate, clear,
and conspicuous written notice that advises the student that a conviction for any
offense, during a period of enrollment for which the student was receiving Title IV,
HEA program funds, under any federal or state law involving the possession or sale
of illegal drugs will result in the loss of eligibility for any Title IV, HEA grant,
loan, or work-study assistance (HEA Sec. 484(r)(1)); (20 U.S.C. 1091(r)(1))
Each institution must provide a notice in a timely manner to each student who has
lost eligibility for Title IV, HEA assistance as a result of the penalties under HEA
Sec. 484(r)(1). The notice must be a separate, clear, and conspicuous written notification
of the loss of eligibility and must advise the student of the ways in which the student
can regain eligibility under HEA Sec. 484(r)(2); (20 U.S.C. 1091(r)(2)).
Status: In Compliance
Disclosure Report Link to:
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Drug and Alcohol Abuse Prevention Program
How Disclosed: Distributed in writing to each student and each employee
HEOA Sec. 107 amended HEA Sec. 120 (20 U.S.C. 1011i): new HEA Sec. 120(a)(2)(B)-(C).
HEOA amendment effective August 14, 2008 34 CFR 86
Each institution must annually distribute in writing to each student and each employee
- standards of conduct that clearly prohibit the unlawful possession, use, or distribution
of illicit drugs and alcohol by students and employees on the institution's property
or as part of any of the institution's activities;
- description of applicable legal sanctions under state, local, and federal law
- description of health risks;
- description of available counseling, treatment, rehabilitation, or re-entry programs;
and
- clear statement that institution will impose sanctions for violation of standards
of conduct and a description of the sanctions.
Note: Students who enroll or employees who are hired after the annual distribution must receive the information.
Each institution must make available, upon request, to the Department of Education
and to the public, the information distributed to students and employees (see above)
and the results of a biennial review of the institution's program that
- determines the effectiveness of the program and implements needed changes;
- determines the number of drug and alcohol-related violations and fatalities that occur
on the institution's campus (as defined in HEA Sec. 485(f)(6), see "Security Report
(Including Emergency Response and Evacuation Procedures), Timely Warnings, and Crime
Log") or as part of the institution's activities, and are reported to campus officials;
- determines the number and type of sanctions that are imposed; and ensures that sanctions are consistently enforced.
(See also related requirement in "Security Report (Including Emergency Response and Evacuation Procedures), Timely Warnings, and Crime Log".)
Status: In Compliance
Disclosure Report Link:
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How Disclosed: Made available through appropriate publications, mailings, or electronic
media
HEOA Sec. 488(a)(1)(E): amended HEA Sec. 485(a)(1) (20 U.S.C. 1092(a)(1)): added HEA
Sec.
485(a)(1)(V)
HEOA amendment effective August 14, 2008
Institutions must make available to current and prospective students information about
institutional policies regarding vaccinations
Status: In Compliance
Disclosure Report Link:
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Security Report (Including Emergency Response and Evacuation Procedures), Timely Warnings and Crime Log
How Disclosed: Report or notice of report mailed or delivered to each enrolled student
and employee.
HEOA Sec. 488(e)(1)(B)-(D) amended HEA Sec. 485(f) (20 U.S.C. 1092(f)):
- revised HEA Sec.485(f)(1)(C)
- revised HEA Sec. 485(f)(1)(F)
- added HEA Sec. 485(f)(1)(J)
HEOA amendments effective August 14, 2008
34 CFR 668.41(a), 34 CFR 668.41(e), 34 CFR 668.46, 34 CFR Part 668 Subpart D, appendix
A.
August 21, 2009 NPRM (revised 34 CFR 668.41(a), 34 CFR 668.41(e), 34 CFR 668.46, 34
CFR Part 668 Subpart D, appendix A)
Institutions must distribute, by October 1 each year, a security report or a notice
of the report to all current students and employees. If the institution distributes
the report by posting it on the institution's website, the institution must provide
a notice by October 1 that includes a statement of the report's availability, the
exact electronic address, a brief description of the report's contents, and a statement
that the institution will provide a paper copy upon request.
The institution must provide a notice to prospective students and employees that includes
a statement of the report's availability, a description of its contents, and an opportunity
to request a copy. If the report is posted on a website the notice must include the
exact electronic address and a statement that the institution will provide a paper
copy of the report upon request.
[An institution may combine the publication of the security report and the fire safety
report (see "Fire Safety Report and Fire Log") if the title of the combined report
clearly states that both reports are included. If the security and fire safety reports
are published separately, each report must include information about how to access
the other report.]
The report must contain information about
- campus policies regarding procedures for students and others to report criminal actions
or other emergencies occurring on campus, including policies regarding the institution's response to such reports;
- policies for making timely warning reports (see below);
- policies for preparing the annual disclosure of crime statistics;
- policies concerning security of and access to campus facilities and security considerations
used in the maintenance of campus facilities;
- list of the titles of persons or organizations to whom students and employees should
report criminal offenses for the purpose of making timely warning reports and statistics
disclosures;
- statement of whether the institution has policies or procedures regarding confidential
crime reporting (for inclusion in statistics), and if so, a description of those policies
and procedures;
- statement of the law enforcement authority of campus security personnel and their
relationship with state and local law enforcement agencies;
- policies that encourage accurate and prompt reporting of all crimes to the campus
police and appropriate police agencies;
- procedures, if any, that encourage pastoral counselors and professional counselors
to inform persons they are counseling about procedures for confidential crime reporting (for inclusion in statistics);
- 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;
- programs designed to inform students and employees about the prevention of crimes;
- 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;
- policy regarding the possession, use, and sale of alcoholic beverages and enforcement
of state under-age drinking laws;
- policy regarding the possession, use, and sale of illegal drugs and enforcement of
federal and state drug laws;
- description of drug or alcohol prevention programs as required under HEA Sec. 120 (20 U.S.C. 1011i) (see "Drug and Alcohol Abuse Prevention Program" for more
information);
- statement advising the campus community where law enforcement agency information provided
by a state concerning registered sex offenders may be obtained; and
- policy regarding campus sexual assault prevention programs and the procedures to be followed once a sex offense has occurred, including 鈥 educational programs;
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- options for and assistance in notifying law enforcement agencies;
- available on- and off-campus services for victims;
- options regarding changes to a victim's academic and living situation; and
- procedures for campus disciplinary action, including sanctions the institution may
impose, and a statement that both the accuser and accused are entitled to the sameopportunities
to have others present during disciplinary proceedings, and both must be informed
of the outcome of any disciplinary proceeding (see "Information for Crime Victims
about Disciplinary Proceedings" for related requirement).
- procedures for immediate notification of the campus community;
- [a description of the process the institution will use to confirm the emergency or
dangerous situation, determine the appropriate segment/s of the campus community to
be notified, determine the content of the notification, and initiate the notification
system unless issuing the notification would compromise efforts to assist a victim,
or to contain, respond to, or otherwise mitigate the emergency];
- a statement that the institution will take the actions described above without delay;
- [list of the titles of person/s or organization/s responsible for carrying out the
actions described above];
- [the institution's procedures for disseminating emergency information to the larger
community]; and
- [the institution's procedures to test the emergency response and evacuation procedures
on at least an annual basis].
鈥 [missing student notification policies and procedures]. (See "Security Report - Missing
Person Policy" for more information.)
鈥 policies regarding emergency response and evacuation procedures, including
[The emergency response and evacuation information must be included in the institution's annual security report beginning October 1, 2010.]
The Department of Education is required to advise institutions on model emergency
response policies, procedures, and practices (HEA Sec. 822, added by HEOA Sec. 801).
- Statistics for the most recent 3 calendar years: 鈥 Crimes reported to a campus security authority or local police agencies: murder and non-negligent manslaughter; negligent manslaughter; forcible and non-forcible sex offenses; robbery; aggravated assault; burglary; motor vehicle theft; and arson;
- For the crimes listed above and for crimes of larceny-theft, simple assault, intimidation,
and destruction, damage, or vandalism of property, and any other crimes reported to
a campus security authority or to local police agencies involving bodily injury to
any person in which the victim was intentionally selected because of the victim's
actual or perceived race, gender, religion, sexual orientation, ethnicity, or disability.
These data are to be reported according to category of prejudice; and
- Arrests and persons referred for campus disciplinary action, for liquor law violations,
drug law violations, and illegal weapons possession.
Institutions are to use the Federal Bureau of Investigation's crime definitions. The
statistics are to be reported by the following locations (see resources below for
complete information about location definitions):
- On campus;
- In dormitories or other on-campus residential facilities for students;
- In or on a non-campus building or property (any building or property owned or controlled
by a student organization officially recognized by the institution, or any building
or property owned or controlled by the institution that is not within the same reasonably
contiguous geographic area of the institution); and
- on public property that is within the campus, or immediately adjacent to and accessible
from the campus.
The institution is not required to report statistics for crimes reported to a pastoral
or professional counselor. The statistics must not identify a victim or person accused
of committing a crime.
The institution must submit the crime statistics to the Department of Education. The
Department is required to make the statistics available to the public.
Institutions must make timely reports to the campus community of crimes considered
to be a threat to students and employees that are reported to campus security authorities
or to local police agencies. [Institutions are not required to issue a timely warning
based on the same circumstances that lead to an emergency notification.]
Institutions that maintain a police or security department of any kind must maintain
a daily crime log. The log must record, by the date a crime was reported, any crime
reported to the campus police or security department that occurred on campus, in or
on a non-campus building or property, on public property, or within the patrol jurisdiction
of the campus police or the campus security department. The log must include the nature,
date, time, and general location of each crime, and the disposition of the complaint
if known.
An entry to the log, or an addition to an entry, must be made within two business
days of the report of the information to campus police or security department, unless
the disclosure is prohibited by law or would jeopardize the confidentiality of the
victim. Information may be withheld if there is clear and convincing evidence that
the release of the information would jeopardize an ongoing criminal investigation
or the safety of an individual, cause a suspect to flee or evade detection, or result
in the destruction of evidence. Once the adverse effect is no longer likely to occur,
the information must be disclosed.
The crime log for the most recent 60 days must be open to public inspection during
normal business hours. Portions of the log older than 60 days must be available for
public inspection within two business days of a request.
For more information: Handbook for Campus Crime Reporting
Status: In Compliance
Disclosure Report Links:
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Security Report - Missing Person Notification Policy
How Disclosed: Information included in annual security report (see "Security Report
(Including emergency Response and Evacuation Procedures), Timely Warnings, and Crime Log)
HEOA Sec. 488(g) amended HEA Sec. 485 (20 U.S.C. 1092): added HEA Sec. 485(j) HEOA
amendment effective August 14, 2008
August 21, 2009 NPRM (revised 34 CFR 668.41(a), added 34 CFR 668.46(b)(14) and 34
CFR 668.46(h))
[Beginning October 1, 2010, an institution that provides any on-campus student housing facility must include
in its annual security report (see "Security Report (Including Emergency Response
and Evacuation Procedures), Timely Warnings, and Crime Log") a statement of policy
regarding missing student notification procedures for students who reside in on-campus
student housing facilities.]
[This statement must]
- [include the titles of the persons or organizations to which reports should be made
that a student has been missing for 24 hours];
- [require that any missing student report must be referred immediately to the institution's
police or campus security department, or, in the absence of an institutional police
or campus security department, to the local law enforcement agency that has jurisdiction
in the area];
- [contain an option for each student to identify a contact person or persons whom the
institution will notify] within 24 hours if the student is determined by the institutional
police or security department or the local law enforcement agency to be missing;
- [advise students their contact information will be registered confidentially];
- informs students that the institution will notify within 24 hours the appropriate
law enforcement agency that the student is determined to be missing (if the law enforcement
agency did not make the determination that the student is missing); and
- advises students, if they are under 18 years of age and not emancipated, that the
institution is required to notify a custodial parent or guardian within 24 hours when
the student is determined to be missing [in addition to any additional contact person
designated by the student].
Status: In Compliance
Disclosure Report Link:
- 鈥 Click on Clery/Crime Info
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Fire Safety Report and Fire Log
How Disclosed: [Fire safety report, or notice of report, distributed to each student
and current employee
HEOA Sec. 488(a)(1)(E) amended HEA Sec. 485(a)(1) (20 U.S.C. 1092(a)(1)): added HEA
Sec. 485(a)(1)(T). HEOA Sec. 488(g) amended HEA Sec. 485 (20 U.S.C. 1092): added HEA
Sec. 485(i) HEOA amendments effective August 14, 2008
August 21, 2009 NPRM (revised 34 CFR 668.41(a) and 34 CFR 668.41(e), added 34 CFR
668.49)
[By October 1 of each year (beginning with the October 1, 2010, report containing data from the 2009 calendar
year), an institution that maintains any on-campus student housing facility must distribute
an annual fire safety report, or notice of the report, to all enrolled students and
current employees. If the institution distributes the report by posting the report
on its website, it must provide a notice by October 1 that includes a statement of
the report's availability, the exact electronic address at which the report is posted,
a brief description of the report's contents, and a statement that the institution
will provide a paper copy upon request.] [Institutions must provide a notice to prospective
students and prospective employees that includes a statement of the
report's availability, a description of its contents, and an opportunity to request
a copy. If the institution posts the report on its website, the notice must include
the exact electronic address at which the report is posted and a statement that the
institution will provide a paper copy upon request.]
[An institution may combine the publication of the fire safety report and the security
report (see "Security Report (Including Emergency Response and Evacuation Procedures),
Timely Warnings, and Crime Log") if the title of the combined report clearly states
that both reports are included. If the security and fire safety reports are published
separately, each report must include information about how to access the other report.]
The fire safety report must include, for each on-campus student housing facility
- statistics for the [three]* most recent calendar years for which data are available
for
- the number of fires and the cause of each fire;
- the number of injuries related to a fire that result in treatment at a medical facility
[, including at an on-campus health center];
- the number of deaths related to a fire; and
- the value of property damage caused by a fire.
- a description of each housing facility fire safety system, including the fire sprinkler
system;
- the number of [fire drills held during the previous calendar year] (number of fire
drills in 2009 for the 2010 report);
- policies or rules on portable electrical appliances, smoking, and open flames;
- procedures for evacuation;
- policies regarding fire safety education and training programs provided to students
and employees (describing the procedures students and employees should follow in the
case of a fire).
- [for the purposes of including a fire in the statistics, the titles of each person
or organization to which students and employees should report that a fire occurred];
and
- plans for future improvements in fire safety, if determined necessary by the institution.
*[The 3-year requirement will be phased in. The October 1, 2010, report will include
the statistics for the 2009 calendar year. The first report to contain three years
of data will be the October 1, 2012, report.] The statistics must also be submitted to the Department of Education. The Department must make the statistics publicly available.
The institution must maintain a fire log [that records by the date that a fire was
reported, any fire that occurred in an on-campus student housing facility]. The log
must include the nature, date, time, and general location of each fire.
[An entry to the log, or an addition to an entry, must be made within 2 business days
of the receipt of the information. The log for the most recent 60-day period must
be open to public inspection during normal business hours. The institution must make
older portions of the log available within 2 business days of a request for public
inspection.]
The institution must make an annual report to the campus community on the fires. [This
requirement may be satisfied by the annual fire safety report described above.]
Status: In Compliance
Disclosure Report Link:
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Information for Crime Victims about Disciplinary Proceedings
Disclosed: Information provided to victim of crime
HEOA Sec. 493(a)(1)(A) amended HEA Sec. 487(a) (20 U.S.C. 1094(a)): added
HEA Sec. 487(a)(26)
HEOA amendment effective August 14, 2009
Institutions must, upon written request, disclose to the alleged victim of any crime
of violence, or a nonforcible sex offense, the results of any disciplinary proceeding
conducted by the institution against a student who is the alleged perpetrator of such
crime or offense. If the alleged victim is deceased as a result of the crime or offense,
the information shall be provided, upon request, to the next of kin of the alleged
victim. This provision applies to any disciplinary proceeding conducted by an institution
on or after August 14, 2009. (See "Security Report (Including Emergency Response and
Evacuation Procedures), Timely Warnings, and Crime Log" for related requirement regarding
sex offenses.)
Status: In Compliance
Disclosure Report Link:
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Campus SaVE Act and Title IX Compliance
How Disclosed: Made available through appropriate publications, mailings, or electronic
media. Also seminars, workshops, lectures, and information provided to new students
and new staff upon entry to 无码变态.
The Campus Sexual Violence Elimination (SaVE) Act increases transparency on campus
about incidents of sexual violence, guarantees victims enhanced rights, sets standards
for disciplinary proceedings, and requires campus-wide prevention education programs.
The Campus SaVE Act amends the , which addresses campus sexual assault policies within the Higher Education Act of
1965. President Obama signed SaVE into law on March 7, 2013 as part of the Violence
Against Women Act (VAWA) Reauthorization.
Status: In Compliance
Disclosure Link:
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