ongoing criminal investigation or the safety of an individ-
ual, cause a suspect to flee or evade detection, or result
in the destruction of evidence, such information may be
withheld until that damage is no longer likely to occur
from the release of such information. Under no cir-
cumstances, however, shall this exception permit the non-
reporting of the nature, date, time, and general location
of a reported crime.
‘‘(iii) All exceptions to the reporting provisions of this
paragraph are to be construed as narrowly as possible.
Only that information which is protected from release by
law shall remain confidential. All other information relat-
ing to each report shall be public.
‘‘(D) Reports may be disseminated by electronic
media, including computer networks, where it is reason-
ably assured the information will reach most of the cam-
pus population in a timely fashion.’’.
(f) VICTIMS’ RIGHTS.—Paragraph (8) of section
485(f) (as redesignated by subsection (e) of this section)
is amended by striking subparagraph (C).
(g) DISCIPLINARY PROCEEDINGS.—Section 485(f) is
further amended by adding at the end the following new
paragraph:
‘‘(9)(A) Each institution of higher education partici-
pating in any program under this title shall develop and
distribute as part of the report described in paragraph (1)
a statement of policy regarding—
‘‘(i) such institution’s on-campus disciplinary
practices in cases of alleged infractions of the insti-
tution’s code of conduct, or other policies, resulting
from an act or series of acts that would constitute
a crime or crimes within the meaning of local, State,
or Federal law, whether or not those acts have actu-
ally resulted in criminal charges, prosecution, or
conviction; and
‘‘(ii) the procedures followed once a crime has
occurred.
‘‘(B) The policy described in subparagraph (A) shall
include a clear statement that—
‘‘(i) all students reporting an offense shall be
informed of their options to notify proper law en-
forcement, including on-campus and local police;
‘‘(ii) the accuser and the accused are entitled to
the same opportunities to have others present during
a campus disciplinary proceeding;
‘‘(iii) both the accuser and the accused shall be
informed of the outcome of any campus disciplinary
proceeding brought alleging criminal misconduct;
‘‘(iv) 
any 
campus 
disciplinary 
proceeding
brought alleging criminal misconduct shall be open;
and
‘‘(v) all records of any such campus disciplinary
proceeding brought alleging criminal misconduct
shall be open to public inspection during the regular
business hours of the custodian of such records, ex-
cept for previously created education records not re-
lated to criminal allegations which are used during
the course of the proceeding.’’.
(h) EFFECTIVE DATE.—The amendments made by
this section shall take effect on January 1, 1998.
SEC. 3. EXEMPTION OF ALLEGATIONS OF CRIMINAL ACTIV-
ITY FROM EDUCATION RECORDS DEFINITION.
(a) AMENDMENT.—Section 444(a)(4)(B) of the Gen-
eral Education Provisions Act (20 U.S.C. 1232g(a)(4)(B))
is amended—
(1) by redesignating clauses (iii) and (iv) as
clauses (iv) and (v), respectively; and
(2) by inserting after clause (ii) the following
new clause:
‘‘(iii) records which are made or maintained by
any officer, office, department, or individual em-
ployee of an educational agency or institution
about—
‘‘(I) individuals accused of committing or
participating in any criminal activity as defined
in local, State, or Federal law alleged to have
occurred while the individual was a student in
attendance, including audit or noncredit, at an
educational agency or institution, whether or
not those acts have actually resulted in criminal
charges, prosecution, or conviction which are
relative to the alleged misconduct;
‘‘(II) the accused in subsequent internal
disciplinary proceedings of any kind resulting
from, or related to, the alleged activity, regard-
less of the terminology or nature of the institu-
tional infraction or policy violation alleged;
‘‘(III) the time, duration, attendance pol-
icy, and location or locations of any such dis-
ciplinary proceedings;
‘‘(IV) the findings relative to the accused
of any such disciplinary proceedings;
‘‘(V) the current disposition or status of
the case, the sanctions incurred (if any), and
any subsequent findings or amendments to such
sanctions;
‘‘(VI) accusations of criminal misconduct
and related sanctions from any previously at-
tended educational agencies or institutions
where such records were created on or after
September 1, 1998, and which are maintained
by the institution currently or most recently at-
tended by the individual; and
‘‘(VII) any criminal acts required to be re-
ported under paragraph (1)(F), (1)(H), or (4)
of section 485(f) of the Higher Education Act
of 1965 (20 U.S.C. 1092(f)).’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall take effect on September 1, 1998.
SEC. 4. ENFORCEMENT.
(a) ENFORCEMENT.—Section 485(f) (20 U.S.C.
1092(f)) (as amended by section 2) is further amended
by adding at the end the following new paragraph:
‘‘(10)(A) If any participating institution of higher
education fails or refuses to comply with any provision of
this subsection, the Secretary shall forthwith terminate all
assistance to the institution under the applicable program
affected, or issue such other orders as specified below as
the Secretary may deem appropriate to achieve such com-
pliance.
‘‘(B) For each separate count of noncompliance
found, the Secretary shall suspend not less than 1 percent
of the financial assistance provided by the Department to
such institution.’’.
(b) RETALIATION.—Section 485(f) (as amended by
subsection (a)) is further amended by adding at the end
the following new paragraph:
‘‘(11) No participating institution or other person
shall intimidate, threaten, coerce, or otherwise discrimi-
nate against any individual for the purpose of interfering
with the implementation of any provision of this sub-
section, or any rights or privileges accorded under this
subsection, or because the individual has complained, tes-
tified, assisted, or otherwise participated in any aspect of
an investigation, proceeding, or hearing.’’.
(c) PROGRAM
PARTICIPATION
AGREEMENT
RE-
QUIREMENTS.—Section 
487(a)(12) 
(20 
U.S.C.
1094(a)(12)) is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (A);
(2) by striking the period at the end of sub-
paragraph (B) and inserting ‘‘; and’’; and
(3) by adding at the end the following new sub-
paragraph:
‘‘(C) the policies and crime statistics dis-
closed under section 485(f) are comprehensive
and accurate.’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall take effect on September 1, 1998.
Æ