Draft Regulation for Discussion at Second Negotiated Rulemaking 

Session on Changes to the Clery Act by VAWA

February 24-25, 2014

----------------------------------------------------------------

§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.

1
(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 and incidents 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;

2
(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 (a)(1) of this section, 

areas within the patrol jurisdiction of the campus police or the 

campus security department.

Consent: For the purposes of determining whether a sex 

offense is reportable under this section, consent means the 

affirmative, unambiguous, and voluntary agreement to engage in a 

specific sexual activity during a sexual encounter. Consent 

cannot be--

(1) Given by an individual who--

(2) Is asleep, or mentally or physically incapacitated, 

either through the effect of drugs or alcohol or for any other 

reason; or

(i) Is under duress, threat, coercion, or force; or

(3) Inferred under circumstances in which consent is not 

clear, including but not limited to--

(i) The absence of “no” or “stop”; or

3
(ii) The existence of a prior or current relationship or 

sexual activity.

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 based on a 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) A social relationship of a romantic or intimate nature 

means a relationship which is characterized by the expectation 

of affection or sexual involvement between the parties.

(ii) Dating violence can be a single event or a pattern of 

behavior that includes, but is not limited to, sexual or 

physical abuse.

(iii) Dating violence does not include acts covered under 

the definition of domestic violence.

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

violence committed--

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

the victim;

Comment [JF1]: §485(f)(6)(A)(i) & §485(f)(7)

(Page 3 of 8 & Page 4 of 8)

Comment [JF2]: §485(f)(6)(A)(i) & §485(f)(7)

(Page 3 of 8 & Page 4 of 8)

4
(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) Domestic violence can be a single event or a pattern 

of behavior that includes, but is not limited to, sexual, or 

physical abuse.

Federal Bureau of Investigation’s (FBI) Uniform Crime 

Reporting (UCR) program: A nationwide, cooperative statistical 

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. 

5
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 

bases for the determination of a hate crime are 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, 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 

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 

6
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.

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 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--

Comment [JF3]: §485(f)(6)(A)(v)

(Page 4 of 8)

Comment [JF4]: §485(f)(6)(A)(i) & §485(f)(7)

(Page 3 of 8 & Page 4 of 8)

7
(i) Course of conduct means two or more acts, including, 

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

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.

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 

include the institution's policies concerning its response to 

these reports, including--

8
(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--

(i) Addresses the enforcement authority of security 

personnel, including their relationship with State and local 

9
police agencies and whether those security personnel have the 

authority to arrest individualsand jurisdiction of security 

personnel;

(ii(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 

arrest individuals; and

(B) Any agreements, such as written memoranda of 

understanding, 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, 

even when the victim of a crime elects not to or is unable to 

make such a report; and

(iiiiv) 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 

Comment [JF5]: §485(f)(1)(C)

(Page 1 of 8)

Comment [JF6]: §485(f)(1)(C)(iii)

(Page 1 of 8)

10
procedures and practices and to encourage students and employees 

to be responsible for their own security and the security of 

others.

(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 

inby which students engaged at off-campus locations of student 

organizations officially recognized by the institution, 

including student organizations with off-campus 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
(11) A statement of policy regarding the institution's 

campus sexual assault programs to prevent sex offensessexual 

assault, domestic violence, dating violence, and stalking, and 

procedures tothat the institution will follow when a sex offense 

occursonce one of these incidents has been reported. 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;domestic violence, dating violence, 

sexual assault, and stalking, as required by paragraph (j) of 

this section; 

(ii) Procedures studentsvictims should follow if a sex 

offense occursan incident of domestic violence, dating violence, 

sexual assault, or stalking has occurred, including procedures 

concerning who should be contacted, the written information 

about--

(A) The importance of preserving evidence forthat may be 

necessary to prove the proof of a criminalalleged offense, and 

to or to obtain a protection order;

(B) To whom and how the alleged offense should be 

reported;

(iii) Information on a student's option to notify 

appropriate(C) Options regarding the involvement of law 

Comment [JF7]: §485(f)(8)(A)(i)

(Page 4 of 8)

Comment [JF8]: §485(f)(8)(A)(ii)

(Page 4 of 8)

Comment [JF9]: §485(f)(8)(B)(i)

(Page 5 of 8)

Comment [JF10]: §485(f)(8)(B)(iii)

(Page 5 of 8)

Comment [JF11]: §485(f)(8)(B)(iii)(I) 

(Page 5 of 8)

Comment [JF12]: §485(f)(8)(B)(iii)(II) 

(Page 5 of 8)

12
enforcement and campus authorities, including notification of 

the victim’s option to--

(1) Notify proper law enforcement authorities, including 

on-campus and local police, and a statement that institutional 

personnel will assist the student ;

(2) Be assisted by campus authorities in notifying 

theselaw enforcement authorities, if the student requests the 

assistance of these personnel;victim so chooses; and

(3) Decline to notify such authorities; and

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

institution’s responsibilities regarding orders of protection, 

no contact orders, restraining orders, or similar lawful orders 

issued by a criminal, civil, or tribal court. 

 (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) NotificationA statement that the institution will 

provide written notification to students of and employees about 

existing on- and off-campus counseling, health, mental health, 

or victim advocacy, legal assistance, and other student services 

Comment [JF13]: §485(f)(8)(B)(iii)(III) 

(Page 5 of 8)

Comment [JF14]: §485(f)(8)(B)(iii)(III)(aa) 

(Page 5 of 8)

Comment [JF15]: §485 (f)(8)(B)(iii)(III)(bb) 

(Page 6 of 8)

Comment [JF16]: §485(f)(8)(B)(iii)(III)(cc) 

(Page 6 of 8)

Comment [JF17]: §485(f)(8)(B)(iii)(III*)

(Page 6 of 8)

*It appears that Congress intended this to be IV, not 

III.

Comment [JF18]: §485(f)(8)(B)(v)

(Page 6 of 8)

13
available for victims of sex offenses, both within the 

institution and in the community;

(v) Notification to studentsA statement that the 

institution will change a victim'sprovide written notification 

to victims about options for, and available assistance in, 

changing academic and, living, transportation, and working

situations after an alleged sex offense and of the options for 

those changes,. The institution must make such accommodations 

only if those changes are requested by 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) ProceduresAn explanation of the 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 must be informed of 

the outcome of any institutional disciplinary proceeding brought 

alleging a sex offense. Compliance with this paragraph does not 

constitute a violation of the Family Educational Rights and 

Privacy Act (20 U.S.C. 1232g). For the purpose of this 

Comment [JF19]: §485(f)(8)(B)(vi)

(Page 6 of 8)

Comment [JF20]: §485(f)(8)(B)(vii)

(Page 6-7 of 8)

14
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 

accusedaction in cases of alleged domestic violence, dating 

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

(k) of this section; 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.

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

to the institution of higher education that the student or 

employee has been a victim of domestic violence, dating 

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) Beginning with the annual security report distributed 

by October 1, 2003, a statement advising the campus community 

where law enforcement agency information provided by a State 

under section 170101(j) of the Violent Crime Control and Law 

Enforcement Act of 1994 (42 U.S.C. 14071(j)),42 U.S.C. 16921,

Comment [JF21]: §485(f)(8)(B)(iv)

(Page 6 of 8)

Comment [JF22]: §485(f)(8)(C)

(Page 7 of 8)

Comment [JF23]: Technical change

15
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) Beginning with the annual security report distributed 

by October 1, 2010, a statement of policy regarding emergency 

response and evacuation procedures, as described inrequired by

paragraph (g) of this section.

(14) Beginning with the annual security report distributed 

by October 1, 2010, a statement of policy regarding missing 

student notification procedures, as described inrequired by

paragraph (h) of this section.

(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 occurrence on campus, 

in or on noncampus buildings or property, and on public 

propertynumber of each of the following crimes or incidents 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:

(A1) Murder and nonnegligent manslaughter., and 

16
(B2) Negligent manslaughter.

(iiB) Sex offenses:

(A) Forcible sex offenses.

(B) Nonforcible sex offenses.

(iii(1) Rape,

(2) Sodomy,

(3) Sexual assault with an object,

(4) Fondling,

(5) Incest, and

(6) Statutory rape.

(C) Robbery.

(ivD) Aggravated assault.

(vE) Burglary.

(viF) Motor vehicle theft.

(viiG) Arson.

(viii)(A) H) (1) Arrests for liquor law violations, drug 

law violations, and illegal weapons possession.

(B2) Persons not included in paragraph (c)(1)(viii)(Ai)(H) 

of this section, who were referred for campus disciplinary 

action for liquor law violations, drug law violations, and 

illegal weapons possession.

17
(2) Recording crimes. An institution must record a crime 

statistic in its annual security report for the calendar year in 

which the crime was reported to a campus security authority.

(3) Reported crimes if a hate crime. An institution must 

report, by category of prejudice, the following crimes reported 

to local police agencies or to a campus security authority that 

manifest evidence that the victim was intentionally selected 

because of the victim's actual or perceived race, gender, 

religion, sexual orientation, ethnicity, or disability:

(i) Any crime it reports pursuant to (ii) Hate crimes, 

including--

The number of each type of crime in paragraph (c)(1)(i) 

through (vii) of this section.

(A) (ii) The crimes of larceny-theft, simple assault, 

intimidation, that are determined to be hate crimes; and

destruction

(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.

(iii5) Any other crime involving bodily injury.

Comment [JF24]: Note: This text has not been 

removed but instead relocated.

18
(4) iii) Crimes by location. The institution must provide

a geographic breakdown of the statistics reported under in 

paragraphs (c)(1)(i) and (3c)(1)(ii)(B) of this section

according tothat meet the following categories:

(i) On campus.

(ii) Of the crimesdefinitions in paragraph (c)(4)(i) a) of

this section of this section--

(A) Domestic violence,

(B) Dating violence, or

(C) Stalking.

(2) 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 incidents of stalking by calendar 

year, an institution must follow the requirements in paragraph 

(c)(5) of this section.

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

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

section, an institution must identify the category of bias that 

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

numbercategories of bias include the victim’s actual or 

perceived--

Comment [JF25]: §485(f)(1)(F)(iii)

(Page 2 of 8)

Comment [JF26]: Note: This is existing text but 

was relocated.

Comment [JF27]: Note: This is existing text but 

was relocated

19
(i) race,

(ii) gender,

(iii) gender identity,

(iv) religion,

(v) sexual orientation,

(vi) ethnicity and national origin, or 

(vii) disability.

(4) 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) In or on a noncampus building or property.

(iv) On public property.

(5(iii) When recording incidents of stalking by location, 

an institution must follow the requirements in paragraph (c)(5) 

of this section.

(5) Recording incidents of stalking. 

Comment [JF28]: §485(f)(1)(F)(ii)

(Page 2 of 8)

Comment [JF29]: §485(f)(1)(F)(ii)

(Page 2 of 8)

20
(i) When recording incidents 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.

(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 course of conduct originated or was 

received. 

(iii) An institution must record a new incident of 

stalking that involves the same perpetrator and victim if--

(A) A significant amount of time elapses between acts in a 

course of conduct; or

(B) An official intervention has occurred.

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

statistics required under paragraphsparagraph (c)(1) and (3) of 

this section may not include the identification of the victim or 

the person accused of committing the crime.

(67) Pastoral and professional counselor. An institution 

is not required to report statistics under paragraphsparagraph

(c)(1) and (3) of this section for crimes reported to a pastoral 

or professional counselor.

21
(7) 8) Using the FBI’s UCR definitions. program and the 

Hierarchy Rule. (i) An institution must compile the crime 

statistics required under paragraphs (c)(1)(i) and (3ii) of this 

section using the definitions of crimes provided in 

appendixAppendix A to this subpart and the Federal Bureau of 

Investigation's Uniform Crime Reporting (UCR) 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: NIBRS EDITION, except that in determining how to 

report crimes committed in a multiple-offense situation an 

institution must use the UCR Reporting Handbook. Copies of the 

UCR publications referenced in this paragraph are available 

from: FBI, Communications Unit, 1000 Custer Hollow Road, 

Clarksburg, WV 26306 (telephone: 304-625-2823).National 

Incident-Based Reporting System (NIBRS) EDITION, except as 

provided in paragraph (c)(8)(ii) of this section. 

(8ii) 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 reporting incidents of sexual 

assault, the Hierarchy Rule does not apply. For example, if a 

22
victim is both raped and murdered in a single incident, then an 

institution must include both the rape and the murder in its 

statistics. 

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

reporting requirements under paragraphsparagraph (c)(1) and (3) 

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.

(910) Statistics from police agencies. In complying with 

the statistical reporting requirements under paragraphs (c)(1) 

through (4paragraph (c) of 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 

23
names 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) and (3) 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.

(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 

Comment [JF30]: §485(f)(3)

(Page 3 of 8)

24
written, easily understood daily crime log that records, by the 

date the crime was reported, any crime that occurred on campus, 

on a noncampus building or property, on public property, or 

within the patrol jurisdiction of the campus police or the 

campus security department andits 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.

(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

25
(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 

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;

26
(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;

(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

27
(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--

(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 

28
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 

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.

29
(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]

(j) Programs to promote the awareness of domestic 

violence, dating violence, sexual assault, and stalking. As 

required by paragraph (b)(11)(i) of this section, an institution 

must include in its annual security report a statement of policy 

that addresses the institution’s programs to promote awareness 

of domestic violence, dating violence, sexual assault, and 

stalking. Comment [JF31]: §485(f)(8)(B)

(Page 5 of 8)

30
(1) The statement must include--

(i) A statement that the institution prohibits the 

offenses of domestic violence, dating violence, sexual assault, 

and stalking;

(ii) The definition of domestic violence, dating violence, 

sexual assault, and stalking in the applicable jurisdiction;

(iii) The definition of consent, in reference to sexual 

activity, in the applicable jurisdiction;

(iv) Safe and positive steps an individual may take to 

prevent harm or intervene when there is a risk of domestic 

violence, dating violence, sexual assault, or stalking against 

another person. This could include, but is not limited to, 

information about recognizing situations of potential harm, 

overcoming barriers to intervening, identifying safe and 

effective intervention options, and taking action, such as 

reporting incidents to appropriate authorities;

(v) Information on how to recognize warning signs of 

abusive behavior in order to mitigate the likelihood of 

perpetration, victimization, or bystander inaction; 

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

programs and awareness programs for new students and new 

employees; and 

Comment [JF32]: §485(f)(8)(B)(i)(I)(aa)

(Page 5 of 8)

Comment [JF33]: §485(f)(8)(B)(i)(I)(bb)

(Page 5 of 8)

Comment [JF34]: §485(f)(8)(B)(i)(I)(cc)

(Page 5 of 8)

Comment [JF35]: §485(f)(8)(B)(i)(I)(dd)

(Page 5 of 8)

Comment [JF36]: §485(f)(8)(B)(i)(I)(ee)

(Page 5 of 8)

Comment [JF37]: §485(f)(8)(B)(i)(I)

(Page 5 of 8)

31
 (vii) A description of the institution’s ongoing 

prevention and awareness campaigns for students and employees. 

 (2) For the purposes of this paragraph-–

 (i) Primary prevention programs means comprehensive, 

intentional, and integrated programming, initiatives, and 

strategies intended to stop domestic violence, dating violence, 

sexual assault, and stalking before they occur through the 

promotion of positive and healthy behaviors and beliefs. 

Examples of primary prevention programs include, but are not 

limited to, efforts to change behavior and social norms, promote 

healthy relationships, promote healthy sexuality and egalitarian 

gender roles, promote an understanding of the risk factors and 

protective factors for bystander inaction, and change social 

norms around bystander inaction. 

 (ii) Awareness programs means community-wide or audiencespecific programs, campaigns, or initiatives that increase 

audience knowledge and share information and resources to 

prevent violence, promote safety, and reduce perpetration. 

Examples of awareness programs include, but are not limited to, 

awareness month campaigns, speak outs, rallies, marches, 

informational poster campaigns, social media events, and 

resource Web sites.

Comment [JF38]: §485(f)(8)(B)(i)(II)

(Page 5 of 8)

32
 (3) An institution’s primary prevention programs and 

awareness programs 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 domestic violence, dating violence, sexual 

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

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 

domestic violence, dating 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 a 

reported incident;

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

during any institutional disciplinary proceeding arising from a 

report of these incidents; and

(iii) Describes the possible sanctions or protective 

measures that the institution may impose following the results 

Comment [JF39]: §485(f)(8)(B)(i)(I)

(Page 5 of 8)

Comment [JF40]: §485(f)(8)(B)(iv)

(Page 6 of 8)

Comment [JF41]: §485(f)(8)(A)(ii)

(Page 4-5 of 8)

33
of any institutional disciplinary procedure regarding these 

incidents;

(2) Provides that the proceedings will-–

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

and resolution; 

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

annual training on the issues related to domestic violence, 

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; and

(iv) 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;

(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;

Comment [JF42]: §485(f)(8)(B)(ii)

(Page 5 of 8)

Comment [JF43]: §485(f)(8)(B)(iv)

(Page 6 of 8)

34
(C) Any change to the result; and

(D) When such results become final.

(3) For the purposes of this paragraph--

(i) An institution’s disciplinary proceedings are 

considered prompt, fair, and impartial if the proceedings are--

(A) Completed within the timeframe designated by an 

institution’s policy and without undue delay; 

(B) Conducted in a manner that is consistent with the 

institution’s policies and transparent to all parties; 

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

perceived conflict of interest or bias for or against the 

accused or the accuser; and

(D) At a minimum, comply with guidance issued by the U.S. 

Department of Education’s Office for Civil Rights.

(ii) Advisor means an individual who provides the accused 

or accuser support or counsel. An institution may not limit the 

choice of advisor for either party. However, an institution may 

establish limits regarding the extent to which an advisor may 

participate in the proceedings, such as restricting crossexamination of witnesses or prohibiting advisors from addressing 

the decision-maker, as long as the limits apply equally to both 

parties.

Comment [JF44]: §485(f)(8)(B)(iv)

(Page 6 of 8)

35
(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.

(iv) Result means an initial, interim, or 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. 

(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

Comment [JF45]: §485(f)(17)

(Page 8 of 8)

36
The following definitions are to be used for reporting the 

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

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 excerpted from the Uniform Crime Reporting 

Handbook. The definitions of forcible rape and nonforciblethe 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 excerpted from the 

Hate Crime Data Collection Guidelines of the Uniform Crime 

Reporting Handbook.

Crime Definitions Fromfrom 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

37
The killing of another person through gross negligence.

Criminal Homicide—Murder and Nonnegligent Manslaughter

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

38
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; 

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 

39
use. The unlawful cultivation, manufacture, distribution, sale, 

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

controlled drug or narcotic substance. Arrests for violations 

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 — Forcible

Any sexual act directed against another person, forcibly 

and/or against that person's will; or not forcibly or 

againstwithout the person's willconsent of the victim, including 

instances where the victim is incapable of giving consent.

A. Forcible Rape — The carnal knowledge ofpenetration, no 

matter how slight, of the vagina or anus with any body part or 

40
object, or oral penetration by a person, forcibly and/or against 

that person's will; or not forcibly or against the person's 

willsex 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

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 (or because of his/her youth).. 

B. Forcible Sodomy — Oral or anal sexual intercourse with 

another person, forcibly and/or against that person's will; or 

not forcibly against the person's will where the victim is 

incapable of giving consent because of his/her youth 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, forcibly 

and/or against that person's will; or not forcibly or 

againstwithout the person's willconsent of the victim, including 

instances where the victim is incapable of giving consent 

because of his/her youthage or because of his/her temporary or 

permanent mental or physical incapacity.

41
D. Forcible Fondling — The touching of the private body 

parts of another person for the purpose of sexual gratification,

forcibly and/or against that person's will; or, not forcibly or 

againstwithout the person's willconsent of the victim, including 

instances where the victim is incapable of giving consent 

because of his/her youthage or because of his/her temporary or 

permanent mental incapacity.

Sex Offenses — Nonforcible

Unlawful, nonforcible sexual intercourse.

A.

E. Incest — Nonforcible sexual intercourse between persons 

who are related to each other within the degrees wherein 

marriage is prohibited by law.

B. F. Statutory Rape — Nonforcible sexual intercourse with a 

person who is under the statutory age of consent.

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 

42
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

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.

43