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Citations: (R)668.47 AsOfDate: 12/31/95

Institutional security policies and crime statistics. (a) An institution shall, by September 1, 1992, and by September 1 of each year thereafter, publish and distribute, through appropriate publications and mailings, an annual security report that contains, at a minimum, the following information: (1) A statement of current campus policies regarding procedures and facilities for students and others to report criminal actions or other emergencies occurring on campus and policies concerning the institution's response to those reports, including policies for making timely reports to members of the campus community regarding the occurrence of crimes described in paragraph (a)(6) of this section. This statement shall include a list of the titles of each person or organization to whom students and employees should report the criminal offenses described in paragraph (a)(6) for the purpose of making timely reports. (2) 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. (3) A statement of current policies concerning campus law enforcement, including-(i) The enforcement authority of security personnel, including their working relationship with State and local police agencies and whether those security personnel have the authority to arrest individuals; and (ii) Policies that encourage accurate and prompt reporting of all crimes to the campus police and the appropriate police agencies. (4) 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. (5) A description of programs designed to inform students and employees about the prevention of crimes. (6)(i) Statistics concerning the occurrence on campus of the following criminal offenses reported to local police agencies or to any official of the institution who has significant responsibility for student and campus activities: (A) Murder. (B) Rape (prior to August 1, 1992) or sex offenses, forcible or nonforcible (on or after August 1, 1992). (C) Robbery. (D) Aggravated assault. (E) Burglary. (F) Motor-vehicle theft; and (ii) Statistics concerning the criminal offenses of murder, forcible rape, and aggravated assault, as listed in paragraph (a)(6)(i) of this section, that manifest evidence of prejudice based on race, religion, sexual orientation, or

ethnicity, as prescribed by the Hate Crimes Statistics Act (28 U.S.C. 534). (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 recognized by the institution, including student organizations with off-campus housing facilities. (8) Statistics concerning the number of arrests for the following crimes occurring on campus: (i) Liquor-law violations. (ii) Drug-abuse violations. (iii) Weapons possessions. (9) A statement of policy regarding the possession, use, and sale of alcoholic beverages and enforcement of State underage drinking laws. (10) A statement of policy regarding the possession, use and sale of illegal drugs and enforcement of Federal and State drug laws. (11) A description of any drug or alcohol-abuse education programs, as required under section 1213 of the HEA. For the purpose of meeting this requirement, an institution may cross-reference the materials the institution uses to comply with section 1213 of the HEA. (12) 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 proper 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 shall be informed of the outcome of any institutional disciplinary proceeding brought alleging a sex offense. Compliance with this subsection 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.

(b) An institution shall distribute the security report required by paragraph (a) of this section annually to all-(1) Current students and employees by appropriate publications and mailings, through-(i) Direct mailing to each individual through the U.S. Postal Service, campus mail, or computer network; or (ii) Publications provided directly to each individual; and (2) Prospective students as defined in Sec. 668.41(b) and prospective employees as defined in paragraph (f) of this section, upon request, provided that such individuals are informed of the availability of the security report, given a summary of its contents, and given the opportunity to request a copy. (c) An institution shall comply separately with the requirements of this section for each campus. A branch, school, or administrative division within an institution that is not within a reasonably contiguous geographic area with the institution's main campus is considered to be a separate campus. (d)(1)(i) An institution's first annual security report (due September 1, 1992) must contain the statistics described in paragraph (a)(6) of this section covering the period January 1, 1991, through December 31, 1991, and the two preceding calendar years, or the portion thereof for which data are reasonably available. The first annual security report must contain those statistics covering at least the period from August 1, 1991, through July 31, 1992. (ii) An institution's second and third annual security reports (due September 1, 1993 and September 1, 1994, respectively) must contain the statistics described in paragraph (a)(6) of this section covering the most recent calendar year and the two preceding calendar years, or the portion thereof for which data are reasonably available. The second annual security report must contain those statistics covering at least the period from August 1, 1991, through December 31, 1991, and calendar year 1992. The third annual security report must contain those statistics covering at least the period from August 1, 1991, through December 31, 1991, and calendar years 1992 and 1993. (iii) An institution's annual security report due September 1, 1995, and each subsequent report, must contain the statistics described in paragraph (a)(6) of this section covering the three calendar years preceding the year in which the report is disclosed. (iv) In each annual security report due on or after September 1, 1993, September 1, 1994, September 1, 1995, an institution must, in accordance with paragraphs (d)(1) (ii) and (iii) of this section, report statistics covering rape for periods of time prior to August 1, 1992, and statistics concerning sex offenses, forcible or nonforcible, for periods of time on or after August 1, 1992. (v) In all subsequent annual security reports, an institution shall report statistics for sex offenses, forcible and nonforcible. (2)(i) An institution's first annual security report (due September 1, 1992) must contain the statistics described in paragraph (a)(8) of this section covering the period January 1, 1991, through December 31, 1991, or the portion thereof for which those statistics are available. The first annual security report must contain that data covering at least the period August 1, 1991, through December 31, 1991. (ii) An institution's second annual security report (due September 1, 1993) and each subsequent report must contain the statistics described in paragraph (a)(8) of this section, covering the calendar year preceding the year during which the report is to be disclosed. (3) An institution shall compile crime statistics required under paragraph (a) (6) and (8) of this section in accordance with the definitions used in the Federal Bureau of Investigation's Uniform Crime Reporting Program as provided in Appendix E to this part.

(4) Upon the request of the Secretary, an institution must submit to the Secretary the statistics required by paragraphs (a)(6) and (a)(8) of this section. (e) An institution shall, in a manner that is timely and will aid in the prevention of similar crimes, report to the campus community on crimes that are-(1) Described in paragraph (a)(6) of this section; (2) Reported to campus security authorities as identified under the institution's statement of current campus policies pursuant to paragraph (a)(1) of this section or local police agencies; and (3) Considered by the institution to represent a threat to students and employees. (f) The following definitions apply to this section: 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. (2) Any building or property owned or controlled by a student organization recognized by the institution. (3) Any building or property controlled by the institution, but owned by a third-party. Campus security authority: (1) A campus law enforcement unit. (2) An individual or organization specified in an institution's statement of campus security policy as the individual or organization to whom students and employees should report criminal offenses. (3) An official of an institution who has significant responsibility for student and campus activities, but does not have significant counseling responsibilities. Prospective employee: An individual who has contacted an institution participating in any Title IV, HEA program for the purpose of requesting information concerning employment with the institution. (Authority: 20 U.S.C. 534, 1092, and 1232g) (Approved by the Office of Management and Budget under control number 1840-0537) Note: Section added April 29, 1994, effective July 1, 1994. (a)(6)(i), (a)(8), (b)(1) introductory text, and (b)(1)(i) amended June 30, 1995, effective July 31, 1995.