May 1996 Dear Colleague Letter on Campus Security Issues

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 These final regulations superseded previous "Dear Colleague Letters" addressing campus security requirements.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 thereport, and an opportunity to request a copy of the report. Examples of what must be included in the report are:
  1. 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;

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

  3. Procedures for reporting crimes and other emergencies;

  4. 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;

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

  6. 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)).

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

-###-