Draft Regulation for Discussion at Third Negotiated Rulemaking 

Session on Changes to the Clery Act by VAWA (CLEAN VERSION)

March 31-April 1, 2014

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§668.46 Institutional security policies and crime statistics.

(a) Additional definitions that apply to this section.

Business day: Monday through Friday, excluding any day 

when the institution is closed.

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, including residence halls; and

(2) Any building or property that is within or reasonably 

contiguous to the area identified in paragraph (1) of this 

definition, that is owned by the institution but controlled by 

another person, is frequently used by students, and supports 

institutional purposes (such as a food or other retail vendor).

Campus security authority: (1) A campus police department 

or a campus security department of an institution.

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(2) Any individual or individuals who have responsibility 

for campus security but who do not constitute a campus police 

department or a campus security department under paragraph (1) 

of this definition, such as an individual who is responsible for 

monitoring entrance into institutional property.

(3) Any individual or organization specified in an 

institution's statement of campus security policy as an 

individual or organization to which students and employees 

should report criminal offenses.

(4) An official of an institution who has significant 

responsibility for student and campus activities, including, but 

not limited to, student housing, student discipline, and campus 

judicial proceedings. If such an official is a pastoral or 

professional counselor as defined below, the official is not 

considered a campus security authority when acting as a pastoral 

or professional counselor.

Clery Geography: (1) For the purposes of collecting 

statistics on the crimes listed in paragraph (c) of this section 

for submission to the Department and inclusion in an 

institution’s annual security report, Clery geography includes--

(i) Buildings and property that are part of the 

institution’s campus;

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(ii) The institution’s noncampus buildings and property; 

and 

(iii) Public property within or immediately adjacent to 

and accessible from the campus.

(2) For the purposes of maintaining the crime log required 

in paragraph (f) of this section, Clery Geography includes, in 

addition to the locations in paragraph (1) of this definition, 

areas within the patrol jurisdiction of the campus police or the 

campus security department.

Dating Violence: Violence committed by a person who is or 

has been in a social relationship of a romantic or intimate 

nature with the victim. 

(1) The existence of such a relationship shall be 

determined by the victim with consideration of the length of the 

relationship, the type of relationship, and the frequency of

interaction between the persons involved in the relationship.

(2) For the purpose of this definition-

(i) Dating violence includes sexual or physical abuse or 

the threat of such abuse.

(ii) Dating violence does not include acts covered under 

the definition of domestic violence.

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(3) For the purposes of complying with the requirements of 

this section and section 668.41, any incident meeting this 

definition is considered a crime.

Domestic Violence: (1) A felony or misdemeanor crime of 

violence committed--

(i) By a current or former spouse or intimate partner of 

the victim;

(ii) By a person with whom the victim shares a child in 

common;

(iii) By a person who is cohabitating with or has 

cohabitated with the victim as a spouse or intimate partner;

(iv) By a person similarly situated to a spouse of the 

victim under the domestic or family violence laws of the 

jurisdiction in which the crime of violence occurred, or

(v) By any other person against an adult or youth victim 

who is protected from that person’s acts under the domestic or 

family violence laws of the jurisdiction in which the crime of 

violence occurred.

(2) For the purposes of complying with the requirements of 

this section and section 668.41, any incident meeting this 

definition is considered a crime.

Federal Bureau of Investigation’s (FBI) Uniform Crime 

Reporting (UCR) program: A nationwide, cooperative statistical 

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effort in which city, university and college, county, state, 

tribal, and federal law enforcement agencies voluntarily report 

data on crimes brought to their attention. The UCR program also 

serves as the basis for the definitions of crimes in Appendix A 

to this subpart and the requirements for classifying crimes in 

this subpart. 

Hate crime: A crime reported to local police agencies or 

to a campus security authority that manifests evidence that the 

victim was intentionally selected because of the perpetrator’s 

bias against the victim. For the purposes of this section, the 

possible categories of bias include the victim’s actual or 

perceived race, religion, gender, gender identity, sexual 

orientation, ethnicity, national origin, and disability.

Hierarchy Rule: A requirement in the FBI’s UCR program 

that, for purposes of reporting crimes in that system, when more 

than one criminal offense was committed during a single 

incident, only the most serious offense be counted. 

Noncampus building or property: (1) Any building or 

property owned or controlled by a student organization that is 

officially recognized by the institution; or

(2) Any building or property owned or controlled by an 

institution that is used in direct support of, or in relation 

to, the institution's educational purposes, is frequently used 

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by students, and is not within the same reasonably contiguous 

geographic area of the institution.

Pastoral counselor: A person who is associated with a 

religious order or denomination, is recognized by that religious 

order or denomination as someone who provides confidential 

counseling, and is functioning within the scope of that 

recognition as a pastoral counselor.

Professional counselor: A person whose official 

responsibilities include providing mental health counseling to 

members of the institution's community and who is functioning 

within the scope of his or her license or certification.

Programs to prevent dating violence, domestic violence, 

sexual assault, and stalking: (1) Comprehensive, intentional, 

and integrated programming, initiatives, and strategies intended 

to stop domestic violence, dating violence, sexual assault, and 

stalking that--

(i) Are culturally relevant, inclusive of diverse 

communities and identities, sustainable, responsive to community 

needs, informed by research; and 

(ii) Consider risk and protective factors as they occur on 

the individual, relationship, institutional, community and 

societal levels.

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(2) Programs to prevent include both primary prevention 

programs directed at incoming students and new employees and 

ongoing prevention and awareness campaigns directed at students 

and employees, as defined in paragraph (j)(2).

Public property: All public property, including 

thoroughfares, streets, sidewalks, and parking facilities, that 

is within the campus, or immediately adjacent to and accessible 

from the campus.

Referred for campus disciplinary action: The referral of 

any person to any campus official who initiates a disciplinary 

action of which a record is kept and which may result in the 

imposition of a sanction.

Sexual assault: An offense that meets the definition of 

rape, sodomy, sexual assault with an object, fondling, incest, 

or statutory rape as used in the FBI’s UCR program and included 

in Appendix A of this subpart. 

Stalking: (1) Engaging in a course of conduct directed at 

a specific person that would cause a reasonable person to-–

(i) Fear for his or her safety or the safety of others; or

(ii) Suffer substantial emotional distress.

(2) For the purpose of this definition--

(i) Course of conduct means two or more acts, including, 

but not limited to, acts in which the stalker directly, 

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indirectly, or through third parties, by any action, method, 

device, or means follows, monitors, observes, surveils, 

threatens, or communicates to or about, a person, or interferes 

with a person’s property.

(ii) Substantial emotional distress means significant 

mental suffering or anguish that may, but does not necessarily, 

require medical or other professional treatment or counseling.

(iii) Reasonable person means a reasonable person in the 

victim’s circumstances.

(3) For the purposes of complying with the requirements of 

this section and section 668.41, any incident meeting this 

definition is considered a crime.

Test: Regularly scheduled drills, exercises, and 

appropriate follow-through activities, designed for assessment 

and evaluation of emergency plans and capabilities.

(b) Annual security report. An institution must prepare 

an annual security report that contains, at a minimum, the 

following information:

(1) The crime statistics described in paragraph (c) of 

this section.

(2) A statement of current campus policies regarding 

procedures for students and others to report criminal actions or 

other emergencies occurring on campus. This statement must 

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include the institution's policies concerning its response to 

these reports, including--

(i) Policies for making timely warning reports to members 

of the campus community regarding the occurrence of crimes 

described in paragraph (c)(1) of this section;

(ii) Policies for preparing the annual disclosure of crime 

statistics; and

(iii) A list of the titles of each person or organization 

to whom students and employees should report the criminal 

offenses described in paragraph (c)(1) of this section for the 

purpose of making timely warning reports and the annual 

statistical disclosure. This statement must also disclose 

whether the institution has any policies or procedures that 

allow victims or witnesses to report crimes on a voluntary, 

confidential basis for inclusion in the annual disclosure of 

crime statistics, and, if so, a description of those policies 

and procedures.

(3) 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.

(4) A statement of current policies concerning campus law 

enforcement that--

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(i) Addresses the enforcement authority and jurisdiction 

of security personnel;

(ii) Addresses the working relationship of campus security 

personnel with State and local police agencies, including--

(A) Whether those security personnel have the authority to 

make arrests; and

(B) Any agreements, such as written memoranda of 

understanding between the institution and such agencies, for the 

investigation of alleged criminal offenses. 

(iii) Encourages accurate and prompt reporting of all 

crimes to the campus police and the appropriate police agencies, 

when the victim of a crime elects to or is unable to make such a 

report; and

(iv) Describes procedures, if any, that encourage pastoral 

counselors and professional counselors, if and when they deem it 

appropriate, to inform the persons they are counseling of any 

procedures to report crimes on a voluntary, confidential basis 

for inclusion in the annual disclosure of crime statistics.

(5) 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.

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(6) A description of programs designed to inform students 

and employees about the prevention of crimes.

(7) A statement of policy concerning the monitoring and 

recording through local police agencies of criminal activity by 

students at noncampus locations of student organizations 

officially recognized by the institution, including student 

organizations with noncampus housing facilities.

(8) A statement of policy regarding the possession, use, 

and sale of alcoholic beverages and enforcement of State 

underage drinking laws.

(9) A statement of policy regarding the possession, use, 

and sale of illegal drugs and enforcement of Federal and State 

drug laws.

(10) A description of any drug or alcohol-abuse education 

programs, as required under section 120(a) through (d) of the 

HEA. For the purpose of meeting this requirement, an 

institution may cross-reference the materials the institution 

uses to comply with section 120(a) through (d) of the HEA.

(11) A statement of policy regarding the institution's 

programs to prevent dating violence, domestic violence, sexual 

assault, and stalking and of procedures that the institution 

will follow when one of these crimes is reported. The statement 

must include--

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(i) A description of the institution’s educational 

programs and training efforts to promote the awareness of dating 

violence, domestic violence, sexual assault, and stalking, as 

required by paragraph (j) of this section; 

(ii) Procedures victims should follow if a crime of dating 

violence, domestic violence, sexual assault, or stalking has 

occurred, including written information about--

(A) The importance of preserving evidence that may be 

necessary to prove the alleged criminal offense or to obtain a 

protection order;

(B) How and to whom the alleged offense should be 

reported;

(C) Options about the involvement of law enforcement and 

campus authorities, including notification of the victim’s 

option to--

(1) Notify proper law enforcement authorities, including 

on-campus and local police;

(2) Be assisted by campus authorities in notifying law 

enforcement authorities if the victim so chooses; and

(3) Decline to notify such authorities; and

(D) Where applicable, the rights of victims and the 

institution’s responsibilities for orders of protection, no 

contact orders, restraining orders, or similar lawful orders 

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issued by a criminal, civil, or tribal court or by the 

institution. 

 (iii) Information about how the institution will protect 

the confidentiality of victims, including how publicly available 

recordkeeping will be accomplished without the inclusion of 

identifying information about the victim, to the extent 

permitted by law.

(iv) A statement that the institution will provide written 

notification to students and employees about existing 

counseling, health, mental health, victim advocacy, legal 

assistance, visa and immigration assistance, and other services 

available for victims, both within the institution and in the 

community;

(v) A statement that the institution will provide written 

notification to victims about options for, and available 

assistance in, changing academic, living, transportation, and 

working situations. The institution must make such 

accommodations if the victim requests them and if they are 

reasonably available, regardless of whether the victim chooses 

to report the crime to campus police or local law enforcement; 

(vi) An explanation of the procedures for institutional 

disciplinary action in cases of alleged dating violence, 

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domestic violence, sexual assault, or stalking, as required by 

paragraph (k) of this section; and

(vii) A statement that, when a student or employee reports 

to the institution that the student or employee has been a 

victim of dating violence, domestic violence, sexual assault, or 

stalking, whether the offense occurred on or off campus, the 

institution will provide the student or employee a written 

explanation of the student’s or employee’s rights and options, 

as described in paragraphs (b)(11)(ii) through (vi) of this 

section.

(12) A statement advising the campus community where law 

enforcement agency information provided by a State under 42 

U.S.C. 16921, concerning registered sex offenders may be 

obtained, such as the law enforcement office of the institution, 

a local law enforcement agency with jurisdiction for the campus, 

or a computer network address.

(13) A statement of policy regarding emergency response 

and evacuation procedures, as required by paragraph (g) of this 

section.

(14) A statement of policy regarding missing student 

notification procedures, as required by paragraph (h) of this 

section.

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(c) Crime statistics. (1) Crimes that must be reported 

and disclosed. An institution must report to the Department and 

disclose in its annual security report statistics for the three 

most recent calendar years concerning the number of each of the 

following crimes that occurred on or within its Clery Geography 

and that are reported to local police agencies or to a campus 

security authority:

(i) Primary crimes, including-- 

(A) Criminal homicide:

(1) Murder and nonnegligent manslaughter, and 

(2) Negligent manslaughter.

(B) Sex offenses:

(1) Rape,

(2) Sodomy,

(3) Sexual assault with an object,

(4) Fondling,

(5) Incest, and

(6) Statutory rape.

(C) Robbery.

(D) Aggravated assault.

(E) Burglary.

(F) Motor vehicle theft.

(G) Arson.

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(ii) Arrests and disciplinary actions

(A) Arrests for liquor law violations, drug law 

violations, and illegal weapons possession.

(B) Persons not included in paragraph (c)(1)(ii)(A) of 

this section who were referred for campus disciplinary action 

for liquor law violations, drug law violations, and illegal 

weapons possession.

(iii) Hate crimes, including--

(A) The number of each type of crime in paragraph 

(c)(1)(i) of this section that are determined to be hate crimes; 

and

 (B) The number of the following crimes that are determined 

to be hate crimes:

(1) Larceny-theft.

(2) Simple assault.

(3) Intimidation.

(4) Destruction/damage/vandalism of property.

(iv) Dating violence, domestic violence, and stalking as 

defined in paragraph (a) of this section. 

(2) All reported crimes must be recorded. (i) An 

institution must include in its crime statistics all crimes 

reported to a campus security authority.

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(ii) An institution may not withhold, or subsequently 

remove, a reported crime from its crime statistics based on a 

decision by a court, coroner, jury, prosecutor, or other similar 

noncampus official.

(iii) In the case of a reported sex offense, an 

institution must include the reported crime in its statistics 

without regard to the issue of consent.

(3) Crimes must be recorded by calendar year. (i) An 

institution must report and disclose a crime statistic for the 

calendar year in which the crime was reported to local police 

agencies or to a campus security authority.

(ii) When recording crimes of stalking by calendar year, 

an institution must follow the requirements in paragraph (c)(6) 

of this section.

(4) Hate crimes must be recorded by category of bias. For 

each hate crime recorded under paragraph (c)(1)(iii) of this 

section, an institution must identify the category of bias that 

motivated the crime. For the purposes of this paragraph, the 

categories of bias include the victim’s actual or perceived--

(i) race,

(ii) gender,

(iii) gender identity,

(iv) religion,

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(v) sexual orientation,

(vi) ethnicity,

(vii) national origin, and

(viii) disability.

(5) Crimes must be recorded by location. (i) An 

institution must specify whether each of the crimes recorded 

under paragraph (c)(1) of this section occurred--

(A) On campus,

(B) In or on a noncampus building or property, or

(C) On public property.

(ii) An institution must identify, of the crimes that 

occurred on-campus, the number that took place in dormitories or 

other residential facilities for students on campus.

(iii) When recording stalking by location, an institution 

must follow the requirements in paragraph (c)(6) of this 

section.

(6) Recording reports of stalking. 

(i) When recording reports of stalking that include 

activities in more than one calendar year, an institution must 

record a crime statistic only for the calendar year in which the 

course of conduct was first reported to a local police agency or 

to a campus security authority.

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(ii) An institution must record each report of stalking as 

occurring at only the first location within the institution’s 

Clery Geography in which the victim became aware of the stalking 

behavior or the stalking course of conduct originated. 

(iii) A report of stalking must be counted as a new and 

distinct crime and is not associated with a previous report of 

stalking when the stalking behavior continues after an official 

intervention including, but not limited to, an institutional 

disciplinary action or the issuance of a no-contact order, 

restraining order or any warning by the institution or a court.

(7) Identification of the victim or the accused. The 

statistics required under paragraph (c) of this section may not 

include the identification of the victim or the person accused 

of committing the crime.

(8) Pastoral and professional counselor. An institution 

is not required to report statistics under paragraph (c) of this 

section for crimes reported to a pastoral or professional 

counselor.

(9) Using the FBI’s UCR program and the Hierarchy Rule. 

(i) An institution must compile the crime statistics 

required under paragraphs (c)(1)(i) and (c)(1)(iii) of this 

section using the definitions of crimes provided in Appendix A 

to this subpart and the Federal Bureau of Investigation's UCR 

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Hate Crime Data Collection Guidelines and Training Guide for 

Hate Crime Data Collection. For further guidance concerning the 

application of definitions and classification of crimes, an 

institution must use either the UCR Reporting Handbook or the 

UCR Reporting Handbook: National Incident-Based Reporting System 

(NIBRS) EDITION, except as provided in paragraph (c)(9)(ii) of 

this section. 

(ii) In counting crimes when more than one offense was 

committed during a single incident, an institution must conform 

to the requirements of the Hierarchy Rule in the UCR Reporting 

Handbook, with one exception: In counting sexual assaults, the 

Hierarchy Rule does not apply. For example, if a victim is both 

raped and murdered in a single incident, then an institution 

must include both the rape and the murder in its statistics. 

(10) Use of a map. In complying with the statistical 

reporting requirements under paragraph (c) of this section, an 

institution may provide a map to current and prospective 

students and employees that depicts its campus, noncampus 

buildings or property, and public property areas if the map 

accurately depicts its campus, noncampus buildings or property, 

and public property areas.

(11) Statistics from police agencies. In complying with 

the statistical reporting requirements under paragraph (c) of 

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this section, an institution must make a reasonable, good faith 

effort to obtain the required statistics and may rely on the 

information supplied by a local or State police agency. If the 

institution makes such a reasonable, good faith effort, it is 

not responsible for the failure of the local or State police 

agency to supply the required statistics.

(d) Separate campus. An institution must comply with the 

requirements of this section for each separate campus.

(e) Timely warning and emergency notification. (1) An 

institution must, in a manner that is timely, that withholds the 

names and other identifying information of victims as 

confidential, and that will aid in the prevention of similar 

crimes, report to the campus community on crimes that are--

(i) Described in paragraph (c)(1) of this section;

(ii) Reported to campus security authorities as identified 

under the institution's statement of current campus policies 

pursuant to paragraph (b)(2) of this section or local police 

agencies; and

(iii) Considered by the institution to represent a threat 

to students and employees.

(2) An institution is not required to provide a timely 

warning with respect to crimes reported to a pastoral or 

professional counselor.

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(3) If there is an immediate threat to the health or 

safety of students or employees occurring on campus, as 

described in paragraph (g)(1) of this section, an institution 

must follow its emergency notification procedures. An 

institution that follows its emergency notification procedures 

is not required to issue a timely warning based on the same 

circumstances; however, the institution must provide adequate 

follow-up information to the community as needed.

(f) Crime log. (1) An institution that maintains a 

campus police or a campus security department must maintain a 

written, easily understood daily crime log that records, by the 

date the crime was reported, any crime that occurred within its 

Clery Geography and that is reported to the campus police or the 

campus security department. This log must include--

(i) The nature, date, time, and general location of each 

crime; and

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

(2) The institution must make an entry or an addition to 

an entry to the log within two business days, as defined under 

paragraph (a) of this section, of the report of the information 

to the campus police or the campus security department, unless 

that disclosure is prohibited by law or would jeopardize the 

confidentiality of the victim.

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(3)(i) An institution may withhold information required 

under paragraphs (f)(1) and (2) of this section if there is 

clear and convincing evidence that the release of the 

information would--

(A) Jeopardize an ongoing criminal investigation or the 

safety of an individual;

(B) Cause a suspect to flee or evade detection; or

(C) Result in the destruction of evidence.

(ii) The institution must disclose any information 

withheld under paragraph (f)(3)(i) of this section once the 

adverse effect described in that paragraph is no longer likely 

to occur.

(4) An institution may withhold under paragraphs (f)(2) 

and (3) of this section only that information that would cause 

the adverse effects described in those paragraphs.

(5) The institution must make the crime log for the most 

recent 60-day period open to public inspection during normal 

business hours. The institution must make any portion of the 

log older than 60 days available within two business days of a 

request for public inspection.

(g) Emergency response and evacuation procedures. An 

institution must include a statement of policy regarding its 

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emergency response and evacuation procedures in the annual 

security report. This statement must include--

(1) The procedures the institution will use to immediately 

notify the campus community upon the confirmation of a 

significant emergency or dangerous situation involving an 

immediate threat to the health or safety of students or 

employees occurring on the campus;

(2) A description of the process the institution will use 

to--

(i) Confirm that there is a significant emergency or

dangerous situation as described in paragraph (g)(1) of this 

section;

(ii) Determine the appropriate segment or segments of the 

campus community to receive a notification;

(iii) Determine the content of the notification; and

(iv) Initiate the notification system.

(3) A statement that the institution will, without delay, 

and taking into account the safety of the community, determine 

the content of the notification and initiate the notification 

system, unless issuing a notification will, in the professional 

judgment of responsible authorities, compromise efforts to 

assist a victim or to contain, respond to, or otherwise mitigate 

the emergency;

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(4) A list of the titles of the person or persons or 

organization or organizations responsible for carrying out the 

actions described in paragraph (g)(2) of this section;

(5) The institution's procedures for disseminating 

emergency information to the larger community; and

(6) The institution's procedures to test the emergency 

response and evacuation procedures on at least an annual basis, 

including--

(i) Tests that may be announced or unannounced;

(ii) Publicizing its emergency response and evacuation 

procedures in conjunction with at least one test per calendar 

year; and

(iii) Documenting, for each test, a description of the 

exercise, the date, time, and whether it was announced or 

unannounced.

(h) Missing student notification policies and procedures.

 (1) An institution that provides any on-campus student 

housing facility must include a statement of policy regarding 

missing student notification procedures for students who reside 

in on-campus student housing facilities in its annual security 

report. This statement must--

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(i) Indicate a list of titles of the persons or 

organizations to which students, employees, or other individuals 

should report that a student has been missing for 24 hours;

(ii) 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;

(iii) Contain an option for each student to identify a 

contact person or persons whom the institution shall notify 

within 24 hours of the determination that the student is 

missing, if the student has been determined missing by the 

institutional police or campus security department, or the local 

law enforcement agency;

(iv) Advise students that their contact information will 

be registered confidentially, that this information will be 

accessible only to authorized campus officials, and that it may 

not be disclosed, except to law enforcement personnel in 

furtherance of a missing person investigation;

(v) Advise students that if they are under 18 years of age 

and not emancipated, the institution must notify a custodial 

parent or guardian within 24 hours of the determination that the 

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student is missing, in addition to notifying any additional 

contact person designated by the student; and

(vi) Advise students that, the institution will notify the 

local law enforcement agency within 24 hours of the 

determination that the student is missing, unless the local law 

enforcement agency was the entity that made the determination 

that the student is missing.

(2) The procedures that the institution must follow when a 

student who resides in an on-campus student housing facility is 

determined to have been missing for 24 hours include--

(i) If the student has designated a contact person, 

notifying that contact person within 24 hours that the student 

is missing;

(ii) If the student is under 18 years of age and is not 

emancipated, notifying the student's custodial parent or 

guardian and any other designated contact person within 24 hours 

that the student is missing; and

(iii) Regardless of whether the student has identified a 

contact person, is above the age of 18, or is an emancipated 

minor, informing the local law enforcement agency that has 

jurisdiction in the area within 24 hours that the student is 

missing.

(i) [Reserved] 

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(j) Programs to prevent dating violence, domestic 

violence, sexual assault, and stalking. As required by 

paragraph (b)(11) of this section, an institution must include 

in its annual security report a statement of policy that 

addresses the institution’s programs to prevent dating violence, 

domestic violence, sexual assault, and stalking. 

(1) The statement must include--

(i) A description of the institution’s primary prevention 

programs for all incoming students and new employees, which must 

include--

(A) A statement that the institution prohibits the crimes 

of dating violence, domestic violence, sexual assault, and 

stalking;

(B) The definition of “dating violence,” “domestic 

violence,” “sexual assault,” and “stalking” in the applicable 

jurisdiction;

(C) The definition of “consent,” in reference to sexual 

activity, in the applicable jurisdiction;

(D) A description of safe and positive options for 

bystander intervention; 

(E) Information on risk reduction; and

 (F) The information described in paragraphs (b)(11) and 

(k)(2). 

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 (ii) A description of the institution’s ongoing prevention 

and awareness campaigns for students and employees, including 

information described in paragraph (j)(1)(i)(A) through 

(j)(1)(i)(F). 

 (2) For the purposes of this paragraph-–

 (i) Awareness programs means community-wide or audiencespecific programming, initiatives, and strategies that increase 

audience knowledge and share information and resources to 

prevent violence, promote safety, and reduce perpetration. 

(ii) Bystander intervention means safe and positive 

options that may be carried out by an individual or individuals

to prevent harm or intervene in situations of potential harm for

another person; or to prevent institutional structures or 

cultural conditions that facilitate violence, including 

recognizing situations of potential harm, overcoming barriers to 

intervening, identifying safe and effective intervention 

options, and taking action to intervene. 

(iii) Ongoing prevention and awareness campaigns means 

programming, initiatives, and strategies that are sustained over 

time and focus on increasing understanding of topics relevant to 

and skills for addressing dating violence, domestic violence, 

sexual assault, and stalking, using a range of strategies with 

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audiences throughout the institution and including information 

described in paragraph (j)(1)(i)(A) through (j)(1)(i)(F).

(iv) Primary prevention programs means programming, 

initiatives, and strategies informed by research that are 

intended to stop dating violence, domestic violence, sexual 

assault, and stalking before they occur through the promotion of 

positive and healthy behaviors and beliefs that foster healthy, 

mutually respectful relationships and sexuality, encourage safe 

bystander intervention, and seek to change behavior and social 

norms in healthy and safe directions. 

(v) Risk reduction means options for mitigating risk 

factors through efforts designed to decrease perpetration and 

bystander inaction, and to increase empowerment for victims 

through the augmentation of protective factors in order to 

promote safety and to help individuals and communities address 

conditions that facilitate violence. 

 (3) An institution’s programs to prevent dating violence, 

domestic violence, sexual assault, and stalking must include, at 

a minimum, the information described in paragraph (j)(1) of this 

section.

(k) Procedures for institutional disciplinary action in 

cases of alleged dating violence, domestic violence, sexual 

assault, or stalking. As required by paragraph (b)(11)(vi) of 

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this section, an institution must include in its annual security 

report a clear statement of policy that addresses the procedures 

for institutional disciplinary action in cases of alleged dating 

violence, domestic violence, sexual assault, or stalking and 

that--

(1)(i) Describes, in detail, each type of disciplinary 

proceeding used by the institution; the steps, anticipated 

timelines, and decision-making process for each type of 

disciplinary proceeding; and how the institution determines 

which type of proceeding to use based on the circumstances of an 

alleged crime;

(ii) Describes the standard of evidence that will be used 

during any institutional disciplinary proceeding arising from an 

alleged crime; and

(iii) Describes all of the possible sanctions or 

protective measures that the institution may impose following 

the results of any institutional disciplinary procedure for an 

alleged crime;

(2) Provides that the proceedings will-–

(i) Include a prompt, fair, and impartial investigation 

and result; 

(ii) Be conducted by officials who at a minimum receive 

annual training on the issues related to domestic violence, 

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dating violence, sexual assault, and stalking and on how to 

conduct an investigation and hearing process that protects the 

safety of victims and promotes accountability;

(iii) Provide the accuser and the accused with the same 

opportunities to have others present during any institutional 

disciplinary proceeding, including the opportunity to be 

accompanied to any related meeting or proceeding by the advisor 

of their choice; 

(iv) Not limit the choice of advisor for either the 

accuser or the accused; however, the institution may establish 

restrictions regarding the extent to which the advisor may

participate in the proceedings, as long as the restrictions 

apply equally to both parties; and

(v) Require simultaneous notification, in writing, to both 

the accuser and the accused, of--

(A) The result of any institutional disciplinary 

proceeding that arises from an allegation of domestic violence, 

dating violence, sexual assault, or stalking, unless the accuser 

or the accused requests not to be informed of this information;

(B) The institution’s procedures for the accused and the 

victim to appeal the result of the institutional disciplinary 

proceeding, if such procedures are available;

(C) Any change to the result; and

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(D) When such results become final.

(3) For the purposes of this paragraph--

(i) A prompt, fair, and impartial proceeding includes a 

proceeding that is--

(A) Completed within a reasonable timeframe designated by 

an institution’s policy and without undue delay; 

(B) Conducted in a manner that--

(1) Is consistent with the institution’s policies and 

transparent to the accuser and accused; 

(2) Includes timely notice to the accuser and accused of 

all meetings relevant to the proceeding; and

(3) Provides timely access to both the accuser and the 

accused to any information that will be used during the 

proceeding; and

(C) Conducted by officials who do not have a real or 

perceived conflict of interest or bias for or against the 

accuser or the accused.

(ii) Advisor means an individual who provides the accuser 

or accused support or counsel. 

(iii) Proceeding means all activities related to the 

resolution of an institutional disciplinary complaint, 

including, but not limited to, fact-finding investigations, 

formal or informal meetings, and hearings.

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(iv) Result means an initial, interim, and final decision 

by any official or entity authorized to resolve disciplinary 

matters within the institution. The result must include any 

sanctions imposed by the institution when the results are final. 

Notwithstanding 20 USC 1232(g), the result must also include the 

reason for the result.

(l) Compliance with paragraph (k) of this section does not 

constitute a violation of the Family Educational Rights and 

Privacy Act (20 U.S.C. 1232g). 

(m) Prohibition on retaliation. An institution, or an 

officer, employee, or agent of an institution, may not 

retaliate, intimidate, threaten, coerce, or otherwise 

discriminate against any individual for exercising their rights 

or responsibilities under any provision in this section.

(Authority: 20 U.S.C. 1092)

APPENDIX A TO SUBPART D OF PART 668 – CRIME DEFINITIONS IN 

ACCORDANCE WITH THE FEDERAL BUREAU OF INVESTIGATION’S UNIFORM 

CRIME REPORTING PROGRAM

The following definitions are to be used for reporting the 

crimes listed in §668.46, in accordance with the Federal Bureau 

34
of Investigation's Uniform Crime Reporting Program. The 

definitions for murder; robbery; aggravated assault; 

burglary; motor vehicle theft; weapons: carrying, possessing, 

etc.; law violations; drug abuse violations; and liquor law 

violations are from the Uniform Crime Reporting Handbook. The 

definitions of the sex offenses are excerpted from the National 

Incident-Based Reporting System Edition of the Uniform Crime 

Reporting Handbook. The definitions of larceny-theft (except 

motor vehicle theft), simple assault, intimidation, and 

destruction/damage/vandalism of property are from the Hate Crime 

Data Collection Guidelines of the Uniform Crime Reporting 

Handbook.

Crime Definitions from the Uniform Crime Reporting Handbook

Arson

Any willful or malicious burning or attempt to burn, with or 

without intent to defraud, a dwelling house, public building, 

motor vehicle or aircraft, personal property of another, etc.

Criminal Homicide—Manslaughter by Negligence

The killing of another person through gross negligence.

Criminal Homicide—Murder and Nonnegligent Manslaughter

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The willful (nonnegligent) killing of one human being by 

another.

Robbery

The taking or attempting to take anything of value from the 

care, custody, or control of a person or persons by force or 

threat of force or violence and/or by putting the victim in 

fear.

Aggravated Assault

An unlawful attack by one person upon another for the purpose 

of inflicting severe or aggravated bodily injury. This type of 

assault usually is accompanied by the use of a weapon or by 

means likely to produce death or great bodily harm. (It is not 

necessary that injury result from an aggravated assault when a 

gun, knife, or other weapon is used which could and probably 

would result in serious personal injury if the crime were 

successfully completed.)

Burglary

The unlawful entry of a structure to commit a felony or a 

theft. For reporting purposes this definition includes: 

unlawful entry with intent to commit a larceny or felony; 

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breaking and entering with intent to commit a larceny; 

housebreaking; safecracking; and all attempts to commit any of 

the aforementioned.

Motor Vehicle Theft

The theft or attempted theft of a motor vehicle. (Classify as 

motor vehicle theft all cases where automobiles are taken by 

persons not having lawful access even though the vehicles are 

later abandoned—including joyriding.)

Weapons: Carrying, Possessing, Etc.

The violation of laws or ordinances prohibiting the 

manufacture, sale, purchase, transportation, possession, 

concealment, or use of firearms, cutting instruments, 

explosives, incendiary devices, or other deadly weapons.

Drug Abuse Violations

The violation of laws prohibiting the production, 

distribution, and/or use of certain controlled substances and 

the equipment or devices utilized in their preparation and/or 

use. The unlawful cultivation, manufacture, distribution, sale, 

purchase, use, possession, transportation, or importation of any 

controlled drug or narcotic substance. Arrests for violations 

37
of state and local laws, specifically those relating to the 

unlawful possession, sale, use, growing, manufacturing, and 

making of narcotic drugs.

Liquor Law Violations

The violation of state or local laws or ordinances 

prohibiting the manufacture, sale, purchase, transportation, 

possession, or use of alcoholic beverages, not including driving 

under the influence and drunkenness.

SEX OFFENSES DEFINITIONS FROM THE NATIONAL INCIDENT-BASED REPORTING SYSTEM 

EDITION OF THE UNIFORM CRIME REPORTING PROGRAM

Sex Offenses

Any sexual act directed against another person, without the 

consent of the victim, including instances where the victim is 

incapable of giving consent.

A. Rape — The penetration, no matter how slight, of the 

vagina or anus with any body part or object, or oral penetration 

by a sex organ of another person, without the consent of the 

victim.

B. Sodomy — Oral or anal sexual intercourse with another 

person, without the consent of the victim, including instances 

38
where the victim is incapable of giving consent because of 

his/her age or because of his/her temporary or permanent mental 

or physical incapacity. 

C. Sexual Assault With An Object — The use of an object or 

instrument to unlawfully penetrate, however slightly, the 

genital or anal opening of the body of another person, without 

the consent of the victim, including instances where the victim 

is incapable of giving consent because of his/her age or because 

of his/her temporary or permanent mental or physical incapacity. 

D. Fondling — The touching of the private body parts of 

another person for the purpose of sexual gratification, without 

the consent of the victim, including instances where the victim 

is incapable of giving consent because of his/her age or because 

of his/her temporary or permanent mental incapacity. 

E. Incest — Nonforcible sexual intercourse between persons 

who are related to each other within the degrees wherein 

marriage is prohibited by law.

F. Statutory Rape — Nonforcible sexual intercourse with a 

person who is under the statutory age of consent.

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DEFINITIONS FROM THE HATE CRIME DATA COLLECTION GUIDELINES OF THE UNIFORM CRIME 

REPORTING HANDBOOK

Larceny-Theft (Except Motor Vehicle Theft)

The unlawful taking, carrying, leading, or riding away of 

property from the possession or constructive possession of 

another. Attempted larcenies are included. Embezzlement, 

confidence games, forgery, worthless checks, etc., are excluded.

Simple Assault

An unlawful physical attack by one person upon another where 

neither the offender displays a weapon, nor the victim suffers 

obvious severe or aggravated bodily injury involving apparent 

broken bones, loss of teeth, possible internal injury, severe 

laceration, or loss of consciousness.

Intimidation

To unlawfully place another person in reasonable fear of 

bodily harm through the use of threatening words and/or other 

conduct, but without displaying a weapon or subjecting the 

victim to actual physical attack.

Destruction/Damage/Vandalism of Property

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To willfully or maliciously destroy, damage, deface, or 

otherwise injure real or personal property without the consent 

of the owner or the person having custody or control of it.

41