Laws & Guidance HIGHER EDUCATION
1998 Amendments to the Higher Education Act of 1965
P.L. 105-244

TITLE IV--STUDENT ASSISTANCE

PART G--GENERAL PROVISIONS

SEC. 486. INSTITUTIONAL AND FINANCIAL ASSISTANCE INFORMATION FOR STUDENTS.

(a) INFORMATION DISSEMINATION ACTIVITIES- Section 485(a) (20 U.S.C. 1092(a)) is amended--

(1) in paragraph (1)--

(A) in the second sentence, by striking `, through appropriate publications and mailings, to all current students, and to any prospective student upon request' and inserting `upon request, through appropriate publications, mailings, and electronic media, to an enrolled student and to any prospective student';

(B) by inserting after the second sentence the following: `Each eligible institution shall, on an annual basis, provide to all enrolled students a list of the information that is required to be provided by institutions to students by this section and section 444 of the General Education Provisions Act (also referred to as the Family Educational Rights and Privacy Act of 1974), together with a statement of the procedures required to obtain such information.';

(C) by amending subparagraph (F) to read as follows:

`(F) a statement of--

`(i) the requirements of any refund policy with which the institution is required to comply;

`(ii) the requirements under section 484B for the return of grant or loan assistance provided under this title; and

`(iii) the requirements for officially withdrawing from the institution;'; and

(D) by striking `and' at the end of subparagraph (M);

(E) by striking the period at the end of subparagraph (N) and inserting `; and'; and

(F) by adding at the end the following:

`(O) the campus crime report prepared by the institution pursuant to subsection (f), including all required reporting categories.';

(2) in paragraph (3), by amending subparagraph (A) to read as follows:

`(A) shall be made available by July 1 each year to enrolled students and prospective students prior to the students enrolling or entering into any financial obligation; and'; and

(3) by adding at the end the following:

`(6) Each institution may provide supplemental information to enrolled and prospective students showing the completion or graduation rate for students described in paragraph (4) or for students transferring into the institution or information showing the rate at which students transfer out of the institution.'.

(b) EXIT COUNSELING FOR BORROWERS- Section 485(b) (20 U.S.C. 1092(b)) is amended--

(1) in paragraph (1)(A), by striking `(individually or in groups)'; and

(2) in paragraph (2), by adding at the end the following:

`(C) Nothing in this subsection shall be construed to prohibit an institution of higher education from utilizing electronic means to provide personalized exit counseling.'.

(c) DEPARTMENTAL PUBLICATIONS- Section 485(d) is amended--

(1) by striking `(1) assist' and inserting `(A) assist';

(2) by striking `(2) assist' and inserting `(B) assist';

(3) by inserting `(1)' before `The Secretary' the first place the term appears; and

(4) by adding at the end the following:

`(2) The Secretary, to the extent the information is available, shall compile information describing State and other prepaid tuition programs and savings programs and disseminate such information to States, eligible institutions, students, and parents in departmental publications.

`(3) The Secretary, to the extent practicable, shall update the Department's Internet site to include direct links to databases that contain information on public and private financial assistance programs. The Secretary shall only provide direct links to databases that can be accessed without charge and shall make reasonable efforts to verify that the databases included in a direct link are not providing fraudulent information. The Secretary shall prominently display adjacent to any such direct link a disclaimer indicating that a direct link to a database does not constitute an endorsement or recommendation of the database, the provider of the database, or any services or products of such provider. The Secretary shall provide additional direct links to information resources from which students may obtain information about fraudulent and deceptive practices in the provision of services related to student financial aid.'.

(d) DISCLOSURES- Section 485(e) is amended--

(1) in paragraph (2)--

(A) by striking `his parents, his guidance' and inserting `the student's parents, guidance'; and

(B) by adding at the end the following: `If the institution is a member of a national collegiate athletic association that compiles graduation rate data on behalf of the association's member institutions that the Secretary determines is substantially comparable to the information described in paragraph (1), the distribution of the compilation of such data to all secondary schools in the United States shall fulfill the responsibility of the institution to provide information to a prospective student athlete's guidance counselor and coach.'; and

(2) by amending paragraph (9) to read as follows:

`(9) The reports required by this subsection shall be due each July 1 and shall cover the 1-year period ending August 31 of the preceding year.'.

(e) DISCLOSURE OF CAMPUS SECURITY POLICY AND CAMPUS CRIME STATISTICS- Section 485(f) (20 U.S.C. 1092(f)) is amended--

(1) in paragraph (1)--

(A) by amending subparagraph (F) to read as follows:

`(F) Statistics concerning the occurrence on campus, in or on noncampus buildings or property, and on public property during the most recent calendar year, and during the 2 preceding calendar years for which data are available--

`(i) of the following criminal offenses reported to campus security authorities or local police agencies:

`(I) murder;

`(II) sex offenses, forcible or nonforcible;

`(III) robbery;

`(IV) aggravated assault;

`(V) burglary;

`(VI) motor vehicle theft;

`(VII) manslaughter;

`(VIII) arson; and

`(IX) arrests or persons referred for campus disciplinary action for liquor law violations, drug-related violations, and weapons possession; and

`(ii) of the crimes described in subclauses (I) through (VIII) of clause (i), and other crimes involving bodily injury to any person in which the victim is intentionally selected because of the actual or perceived race, gender, religion, sexual orientation, ethnicity, or disability of the victim that are reported to campus security authorities or local police agencies, which data shall be collected and reported according to category of prejudice.';

(B) by striking subparagraph (H); and

(C) by redesignating subparagraph (I) as subparagraph (H);

(2) in paragraph (4)--

(A) by striking `Upon request of the Secretary, each' and inserting `On an annual basis, each';

(B) by striking `paragraphs (1)(F) and (1)(H)' and inserting `paragraph (1)(F)';

(C) by striking `and Labor' and inserting `and the Workforce';

(D) by striking `1995' and inserting `2000';

(E) by striking `and' at the end of subparagraph (A);

(F) by redesignating subparagraph (B) as subparagraph (C); and

(G) by inserting after subparagraph (A) the following:

`(B) make copies of the statistics submitted to the Secretary available to the public; and';

(3) by amending paragraph (5)(A) to read as follows:

`(5)(A) In this subsection:

`(i) The term `campus' means--

`(I) any building or property owned or controlled by an institution of higher education within the same reasonably contiguous geographic area of the institution and used by the institution in direct support of, or in a manner related to, the institution's educational purposes, including residence halls; and

`(II) property within the same reasonably contiguous geographic area of the institution that is owned by the institution but controlled by another person, is used by students, and supports institutional purposes (such as a food or other retail vendor).

`(ii) The term `noncampus building or property' means--

`(I) any building or property owned or controlled by a student organization recognized by the institution; and

`(II) any building or property (other than a branch campus) owned or controlled by an institution of higher education that is used in direct support of, or in relation to, the institution's educational purposes, is used by students, and is not within the same reasonably contiguous geographic area of the institution.

`(iii) The term `public property' means all public property that is within the same reasonably contiguous geographic area of the institution, such as a sidewalk, a street, other thoroughfare, or parking facility, and is adjacent to a facility owned or controlled by the institution if the facility is used by the institution in direct support of, or in a manner related to the institution's educational purposes.';

(4) in paragraph (6)--

(A) by striking `paragraphs (1)(F) and (1)(H)' and inserting `paragraph (1)(F)'; and

(B) by adding at the end the following: `Such statistics shall not identify victims of crimes or persons accused of crimes.';

(5) by redesignating paragraphs (4) through (7) as paragraphs (5) through (8), respectively;

(6) by inserting after paragraph (3) the following:

`(4)(A) Each institution participating in any program under this title that maintains a police or security department of any kind shall make, keep, and maintain a daily log, written in a form that can be easily understood, recording all crimes reported to such police or security department, including--

`(i) the nature, date, time, and general location of each crime; and

`(ii) the disposition of the complaint, if known.

`(B)(i) All entries that are required pursuant to this paragraph shall, except where disclosure of such information is prohibited by law or such disclosure would jeopardize the confidentiality of the victim, be open to public inspection within two business days of the initial report being made to the department or a campus security authority.

`(ii) If new information about an entry into a log becomes available to a police or security department, then the new information shall be recorded in the log not later than two business days after the information becomes available to the police or security department.

`(iii) If there is clear and convincing evidence that the release of such 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, such information may be withheld until that damage is no longer likely to occur from the release of such information.'; and

(7) by adding at the end the following:

`(9) The Secretary shall provide technical assistance in complying with the provisions of this section to an institution of higher education who requests such assistance.

`(10) Nothing in this section shall be construed to require the reporting or disclosure of privileged information.

`(11) The Secretary shall report to the appropriate committees of Congress each institution of higher education that the Secretary determines is not in compliance with the reporting requirements of this subsection.

`(12) For purposes of reporting the statistics with respect to crimes described in paragraph (1)(F), an institution of higher education shall distinguish, by means of separate categories, any criminal offenses that occur--

`(A) on campus;

`(B) in or on a noncampus building or property;

`(C) on public property; and

`(D) in dormitories or other residential facilities for students on campus.

`(13) Upon a determination pursuant to section 487(c)(3)(B) that an institution of higher education has substantially misrepresented the number, location, or nature of the crimes required to be reported under this subsection, the Secretary shall impose a civil penalty upon the institution in the same amount and pursuant to the same procedures as a civil penalty is imposed under section 487(c)(3)(B).

`(14)(A) Nothing in this subsection may be construed to--

`(i) create a cause of action against any institution of higher education or any employee of such an institution for any civil liability; or

`(ii) establish any standard of care.

`(B) Notwithstanding any other provision of law, evidence regarding compliance or noncompliance with this subsection shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity, except with respect to an action to enforce this subsection.

`(15) This subsection may be cited as the `Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act'.'.

(f) DATA REQUIRED- Section 485(g) is amended--

(1) in paragraph (1), by adding at the end the following:

`(I)(i) The total revenues, and the revenues from football, men's basketball, women's basketball, all other men's sports combined and all other women's sports combined, derived by the institution from the institution's intercollegiate athletics activities.

`(ii) For the purpose of clause (i), revenues from intercollegiate athletics activities allocable to a sport shall include (without limitation) gate receipts, broadcast revenues, appearance guarantees and options, concessions, and advertising, but revenues such as student activities fees or alumni contributions not so allocable shall be included in the calculation of total revenues only.

`(J)(i) The total expenses, and the expenses attributable to football, men's basketball, women's basketball, all other men's sports combined, and all other women's sports combined, made by the institution for the institution's intercollegiate athletics activities.

`(ii) For the purpose of clause (i), expenses for intercollegiate athletics activities allocable to a sport shall include (without limitation) grants-in-aid, salaries, travel, equipment, and supplies, but expenses such as general and administrative overhead not so allocable shall be included in the calculation of total expenses only.'; and

(2) by striking paragraph (5);

(3) by redesignating paragraph (4) as paragraph (5); and

(4) by inserting after paragraph (3) the following:

`(4) SUBMISSION; REPORT; INFORMATION AVAILABILITY- (A) On an annual basis, each institution of higher education described in paragraph (1) shall provide to the Secretary, within 15 days of the date that the institution makes available the report under paragraph (1), the information contained in the report.

`(B) The Secretary shall prepare a report regarding the information received under subparagraph (A) and submit such report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Labor and Human Resources of the Senate by April 1, 2000. The report shall--

`(i) summarize the information and identify trends in the information;

`(ii) aggregate the information by divisions of the National Collegiate Athletic Association; and

`(iii) contain information on each individual institution of higher education.

`(C) The Secretary shall ensure that the reports described in subparagraph (A) and the report to Congress described in subparagraph (B) are made available to the public within a reasonable period of time.

`(D) Not later than 180 days after the date of enactment of the Higher Education Amendments of 1998, the Secretary shall notify all secondary schools in all States regarding the availability of the information reported under subparagraph (B) and the information made available under paragraph (1), and how such information may be accessed.'.

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Last Modified: 09/25/2003