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(GEN-96-11) This letter provides an overview of the regulatory provisions, and guidance to institutions on how to receive technical assistance in administering the campus security regulations, and the Department's enforcement policy regarding them.

DCLPublicationDate: 5/1/96
DCLID: GEN-96-11
AwardYear:
Summary: This letter provides an overview of the regulatory provisions, and guidance to institutions on how to receive technical assistance in administering the campus security regulations, and the Department's enforcement policy regarding them.


May 1996


GEN-96-11


Summary: This letter provides an overview of the regulatory
provisions, and guidance to institutions on how to receive
technical assistance in administering the campus security
regulations, and the Department's enforcement policy
regarding them.


Reference: Regulations published April 29, 1994 and
June 30, 1995; Chapter 3 of the Federal Student Financial
Aid Handbook.


Dear Colleague:

The purpose of this letter is to provide you with an overview of the
campus security regulations and to bring you up-to-date on various
aspects of an institution's administration of them. Originally, the
campus security regulations were published in the Federal Register
on April 29, 1994 and were effective July 1, 1994. Subsequently,
amendments to these regulations were published on June 30, 1995
and became effective on July 31, 1995. These final regulations
superseded previous "Dear Colleague Letters" addressing campus
security requirements. This letter provides information regarding to
whom institutions, parents, and students should address their
questions about these regulations, to whom an individual should raise
concern about an institution's compliance with the regulations, and
how the U.S. Department of Education will respond to allegations of
an institution's noncompliance with the campus security regulations.


OVERVIEW
By September 1 of each year, an institution must distribute: (1) to
current students and employees: an annual security report containing
certain statistics, policies, and a description of programs that promote
campus safety and (2) to prospective students and employees:
information about the availability of the report, a summary of the
report, and an opportunity to request a copy of the report.

Examples of what must be included in the report are:

I. Statistics on reports of on-campus murders, sex offenses,
robberies, aggravated assaults, burglaries, and motor vehicle
thefts; and arrests for weapons possession and liquor and drug
abuse violations;

II. Policies regarding security, access to campus residences and
other facilities, and campus law enforcement;

III. Procedures for reporting crimes and other emergencies;

IV. Information on campus sexual assault and rape awareness
programs, procedures to follow when a sex offense occurs,
disciplinary action procedures, counseling opportunities, and
notification to students that the institution will make changes in
a victim's academic and living situation if reasonably possible;

V. Policies on the use, possession and sale of alcoholic beverages
and illegal drugs; and

VI. A description of programs informing the campus community
about alcohol and drug abuse education, crime prevention and
campus security policies.

With limited exceptions, the regulations do not prescribe policies and
procedures for institutions to follow, but rather require that
disclosures be made concerning those policies and procedures.

An institution must make timely warning reports to the campus
community on certain crimes that represent a continuing threat to
students and employees and that were reported to officials with
significant responsibility for student and campus activities, campus
police, or local police. Campus officials with "significant counseling
responsibility," however, are not subject to the timely warning
requirement. This exception permits the official to provide
confidential assistance to a crime victim, without the competing
obligation to provide an immediate report of criminal activity to the
campus community. This exception to the timely warning
requirement does not apply to the institution's statistical reporting
obligations. All officials with significant responsibility for campus
and student activities are required to provide information for
preparation of the annual statistical report.


FAMILY EDUCATION RIGHTS AND PRIVACY ACT (FERPA)
It has been brought to the Secretary's attention that there is some
confusion regarding the interplay of the disclosures required under
the Campus Security Act and the prohibitions against the disclosure
of information from education records contained in the Family
Education Rights and Privacy Act (FERPA). As explained in the
preamble to the campus security regulations, FERPA provides no
barrier to compliance with the disclosures under the campus security
regulations.

Reporting of statistics
The reporting of crime statistics by an institution of the occurrence of
crimes on campus does not violate FERPA. FERPA protects the
nonconsensual disclosure of personally identifiable information from
education records; FERPA does not protect statistical information.

Timely warning provision
FERPA does not preclude an institution's compliance with the timely
warning provision of the campus security regulations. FERPA
recognizes that information can, in case of an emergency, be released
without consent when needed to protect the health and safety of
others (34 C.F.R. Sections 99.31(b)(6) & 99.36). In addition, if
institutions utilize information from the records of a campus law
enforcement unit to issue a timely warning, FERPA is not implicated
as those records are not protected by FERPA (20 U.S.C. Section
1232g(a)(4)(B)(ii)).

Informing the accuser and the accused of the outcome of a
disciplinary proceeding
The Student Right-to-Know and Campus Security Act amended
FERPA to allow institutions to disclose to the victim of an alleged
crime of violence the results of a disciplinary proceeding brought
against a student accused of the crime, without the prior consent of
the accused. This disclosure is limited to the alleged victim, who
should be informed that the information may not be disclosed to the
public generally (20 U.S.C. Section 1232g(b)(6)).

Page 4 - Dear Colleague

Reporting crimes referred to a disciplinary committee
An institution is not relieved of compliance with the reporting
requirements of the campus security regulations when the institution
refers a matter to a disciplinary committee, rather than to the
institution's law enforcement unit or directly to the local authorities.


TECHNICAL ASSISTANCE
Staff of the Department's Customer Support Branch in the Office of
Postsecondary Education are trained to provide technical assistance
to institutions in administering campus security regulations. The
telephone number and hours of operation for the Customer Support
Branch are 1-800-433-7327, 9:00a.m.-5:00p.m. Eastern time,
Monday through Friday. After-hours calls will be accepted by an
automated voice response system. Callers leaving their name and
telephone number will receive a return call the next business day.
You may also fax an inquiry to (202)260-4199.

The Department's Family Compliance Office is responsible for
administering FERPA. An institution with specific questions related
to FERPA, needing technical assistance, or desiring to receive in-
service training may contact the Family Policy Compliance Office,
U.S. Department of Education, 600 Independence Avenue, SW,
Washington, DC 20202-4605. Additionally, an institution may
contact the office by electronic mail at FERPA@ED.GOV or by
calling 202-260-3887.


COMPLAINT PROCEDURE
An individual desiring to file a complaint alleging that an institution
is not complying with these regulations should contact the Director
of the Regional Office that serves the State in which the institution is
located. For this and other purposes, I have attached a list of names
of Regional Directors, their addresses, and their telephone numbers.

When a complaint is filed against an institution alleging
noncompliance with the campus security regulations, the Department
will assess the complaint and determine the appropriate response.
The Secretary recognizes that the campus security regulations
represent new responsibilities for most institutions, and include
issues that many will be addressing for the first time. If an institution
has difficulties administering a provision of these regulations, the
Department will provide technical assistance so that violations can be
corrected. If, however, an institution flagrantly or intentionally
violates the campus security regulations, or fails to take corrective
action, the Secretary will, when appropriate, take action against the
institution by imposing sanctions against that institution. The type of
sanction will depend upon the severity of the violations; possible
sanctions include the assessment of fines, and in very severe
violations, the limitation, suspension or termination of the institution
from participation in the Title IV, HEA Programs.

The Secretary, with his colleagues in the higher education
community, believes that students nationwide must have a safe
environment in which to learn, and is committed to ensuring that the
Campus Security Act of 1990 is implemented fully by postsecondary
institutions.


Sincerely,



David A. Longanecker




U.S. DEPARTMENT OF EDUCATION
OFFICE OF POSTSECONDARY EDUCATION
REGIONAL OFFICE

May 1996

REGION 1 - (617) 223-9328
Ralph Seastrom, Acting Director
J.W. McCormack Post Office & Courthouse, Room 502
Boston, MA 02109
STATES: Maine, Vermont, New Hampshire, Massachusetts,
Connecticut, Rhode Island

REGION II - (212) 264-4022
Ann Marie Cimino, Acting Director
75 Park Place, Room 1206
New York, NY 10007
STATES: New York, New Jersey, Puerto Rico, Virgin Islands

REGION III - (215) 596-1018
Nancy Klingler, Acting Director
3535 Market Street, Room 16200
Philadelphia, PA 19104
STATES: Pennsylvania, Maryland, Virginia, West Virginia,
Delaware, District of Columbia

REGION IV - (404) 331-0556
Judith Brantley, Acting Director
P. O. Box 1692
Atlanta, GA 30301
STATES: Kentucky, Tennessee, North Carolina, Mississippi, Alabama,
Georgia, Florida, South Carolina

REGION V - (312) 886-8767
B. Ann Hageman, Acting Director
111 N. Canal Street, Suite 840
Chicago, IL 60606
STATES: Minnesota Wisconsin, Michigan, Ohio, Indiana, Illinois

REGIONS VI - (214) 767-3811
Samuel Booker, Director
1200 Main Tower, Suite 2150
Dallas, TX 75202
STATES: New Mexico, Oklahoma, Texas, Arkansas, Louisiana

REGION VII - (816) 880-4053
Steve Dorssom, Branch Chief'
10220 NW Executive, Hills Blvd., Suite 900
Kansas City, MO 64153-1367
STATES: Missouri, Kansas, Nebraska, Iowa

REGION VIII - (303) 844-3677
Harry Shriver, Acting Director
1244 Speer Blvd., Suite 310
Denver, CO 80204-3582
STATES: Colorado, Utah, Wyoming, South Dakota, North Dakota,
Montana

REGION IX - (415) 437-8293
Benito Botello, Acting Director
50 United Nations Plaza, Room 268
San Francisco, CA 94102-4987
STATES: Arizona, Nevada, California, Hawaii, The Pacific Islands

REGION X - (206) 220-7820
Susan Bowder, Acting Director
915 Second Avenue, Room 3388
Seattle, WA 98174-1099
STATES: Idaho, Oregon, Washington, Alaska

Last Modified: 04/30/1996