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Health and Safety

Subject Area

Drug and Alcohol Abuse Prevention Program

Requirement Applies to

Institutions Receiving Any Federal Funds

Requirement

  • HEOA Sec. 107 amended HEA Sec. 120 (20 U.S.C. 1011i): new HEA Sec. 120(a)(2)(B)-(C). HEOA amendment effective August 14, 2008
  • 34 CFR 86

Each institution must annually distribute in writing to each student and each employee

  • standards of conduct that clearly prohibit the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on the institution's property or as part of any of the institution's activities
  • description of applicable legal sanctions under state, local, and federal law
  • description of health risks
  • description of available counseling, treatment, rehabilitation, or re-entry programs
  • clear statement that institution will impose sanctions for violation of standards of conduct and a description of the sanctions.

Note: Students who enroll or employees who are hired after the annual distribution must receive the information
Each institution must make available, upon request, to the Department of Education and to the public, the information distributed to students and employees (see above) and the results of a biennial review of the institution's program that

  • determines the Effectiveness of the program and implements needed changes
  • determines the number of drug and alcohol-related violations and fatalities that occur on the institution's campus (as defined in HEA Sec. 485(f)(6)), or as part of the institution's activities, and are reported to campus officials
  • determines the number and type of sanctions that are imposed
  • ensures that sanctions are consistently enforced

See also the following section: Security Report (Including Emergency Response and Evacuation Procedures, Timely Warnings, and Crime Log)

How Disclosed

Distributed in writing to each student and each employee
Provided upon request to the public

Links:

Subject Area

Vaccinations Policy

Requirement Applies to

All Institutions Participating in Title IV, HEA Student Financial Aid Programs

Requirement

  • HEOA Sec. 488(a)(1)(E): amended HEA Sec. 485(a)(1) (20 U.S.C. 1092(a)(1)): added HEA Sec. 485(a)(1)(V)
  • HEOA amendment effective August 14, 2008

Institutions must make available to current and prospective students information about institutional policies regarding vaccinations

How Disclosed

Made available through appropriate publications, mailings, or electronic media

Links:

Subject Area

  1. Security Report (Including Emergency Response and Evacuation Procedures)
  2. Missing Student Notification
  3. Emergency Response and Evacuation Procedures
  4. Timely Warning Reports
  5. Crime Log
  6. Security Report − Missing Person Notification Policy
  7. Information for Crime Victims about Disciplinary Proceedings

Requirement Applies to

All Institutions Participating in Title IV, HEA Student Financial Aid Programs
Institutions That Participate in Title IV, HEA Programs and Provide On-Campus Housing

Requirement

  • HEOA Sec. 488(e)(1)(B)-(D) amended HEA Sec. 485(f) (20 U.S.C. 1092(f)):
    - revised HEA Sec.485(f)(1)(C)
    - revised HEA Sec. 485(f)(1)(F)
    - added HEA Sec. 485(f)(1)(J)
  • HEOA amendments effective August 14, 2008
  • 34 CFR 668.41(a), 34 CFR 668.41(e), 34 CFR 668.46, 34 CFR Part 668 Subpart D, appendix A.
  • October 29, 2009 FR (revised 34 CFR 668.41(a), 34 CFR 668.41(e),
  • 34 CFR 668.46, 34 CFR Part 668 Subpart D, appendix A)

Institutions must distribute, by October 1 each year, a security report or a notice of the report to all current students and employees. If the institution distributes the report by posting it on the institution's website, the institution must provide a notice by October 1 that includes a statement of the report's availability, the exact electronic address, a brief description of the report's contents, and a statement that the institution will provide a paper copy upon request.
The institution must provide a notice to prospective students and employees that includes a statement of the report's availability, a description of its contents, and an opportunity to request a copy. If the report is posted on a website the notice must include the exact electronic address and a statement that the institution will provide a paper copy of the report upon request.
An institution may combine the publication of the security report and the fire safety report (see subject # 22) if the title of the combined report clearly states that both reports are included. If the security and fire safety reports are published separately, each report must include information about how to access the other report.
The report must contain information about

  • campus policies regarding procedures for students and others to report criminal actions or other emergencies occurring on campus, including policies regarding the institution's response to such reports
  • policies for making timely warning reports (see below);
  • policies for preparing the annual disclosure of crime statistics
  • policies concerning security of and access to campus facilities and security considerations used in the maintenance of campus facilities
  • list of the titles of persons or organizations to whom students and employees should report criminal offenses for the purpose of making timely warning reports and statistics disclosures
  • statement of whether the institution has policies or procedures regarding confidential crime reporting (for inclusion in statistics), and if so, a description of those policies and procedures
  • statement of the law enforcement authority of campus security personnel and their relationship with state and local law enforcement agencies
  • policies that encourage accurate and prompt reporting of all crimes to the campus police and appropriate police agencies
  • procedures, if any, that encourage pastoral counselors and professional counselors to inform persons they are counseling about procedures for confidential crime reporting (for inclusion in statistics)
  • 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
  • programs designed to inform students and employees about the prevention of crimes
  • policy concerning the monitoring and recording through local police agencies of criminal activity in which students engaged at off-campus locations of student organizations officially recognized by the institution
  • policy regarding the possession, use, and sale of alcoholic beverages and enforcement of state under-age drinking laws
  • policy regarding the possession, use, and sale of illegal drugs and enforcement of federal and state drug laws
  • description of drug or alcohol abuse education programs as required under HEA Sec. 120 (20 U.S.C. 1011i)
  • statement advising the campus community where law enforcement agency information provided by a state concerning registered sex offenders may be obtained
  • policy regarding campus sexual assault prevention programs and the procedures to be followed once a sex offense has occurred, including
    - educational programs
    - options for and assistance in notifying law enforcement agencies
    - available on- and off-campus services for victims
    - options regarding changes to a victim's academic and living situation
    - procedures for campus disciplinary action, including sanctions the institution may impose, and a statement that both the accuser and accused are entitled to the same opportunities to have others present during disciplinary proceedings, and both must be informed of the outcome of any disciplinary proceeding (see subject # 23 for related requirement
  • missing student notification policies and procedures; and
  • policies regarding emergency response and evacuation procedures, including
    - procedures for immediate notification of the campus community
    - a description of the process the institution will use to confirm the emergency or dangerous situation, determine the appropriate segment/s of the campus community to be notified, determine the content of the notification, and initiate the notification system unless issuing the notification would compromise efforts to assist a victim, or to contain, respond to, or otherwise mitigate the emergency
    - a statement that the institution will take the actions described above without delay
    - list of the titles of person/s or organization/s responsible for carrying out the actions described above
    - the institution's procedures for disseminating emergency information to the larger communit
    - the institution's procedures for disseminating emergency information to the larger communit
    - the institution's procedures to test the emergency response and evacuation procedures on at least an annual basis.

The emergency response and evacuation information must be included in the institution's annual security report beginning October 1, 2010. The Department of Education is required to advise institutions on model emergency response policies, procedures, and practices (HEA Sec. 822, added by HEOA Sec. 801).

  • Statistics for the most recent 3 calendar years:
    - Crimes reported to a campus security authority or local police agencies: murder and nonnegligent manslaughter; negligent manslaughter; forcible and nonforcible sex offenses; robbery; aggravated assault; burglary; motor vehicle theft; and arson
    - For the crimes listed above and for crimes of larceny-theft, simple assault, intimidation, and destruction, damage, or vandalism of property, and any other crimes reported to a campus security authority or to local police agencies involving bodily injury to any person in which the victim was intentionally selected because of the victim's actual or perceived race, gender, religion, sexual orientation, ethnicity, or disability. These data are to be reported according to category of prejudice
    - Arrests and persons referred for campus disciplinary action, for liquor law violations, drug law violations, and illegal weapons possession

Institutions are to use the Federal Bureau of Investigation's crime definitions.
The statistics are to be reported by the following locations (see resources below for complete information about location definitions):

  • On campus
  • In dormitories or other on-campus residential facilities for students
  • In or on a noncampus building or property (any building or property owned or controlled by a student organization officially recognized by the institution, or any building or property owned or controlled by the institution that is not within the same reasonably contiguous geographic area of the institution)
  • on public property that is within the campus, or immediately adjacent to and accessible from the campus

The institution is not required to report statistics for crimes reported to a pastoral or professional counselor. The statistics must not identify a victim or person accused of committing a crime.
The institution must submit the crime statistics to the Department of Education. The Department is required to make the statistics available to the public.
Institutions must make timely reports to the campus community of crimes considered to be a threat to students and employees that are reported to campus security authorities or to local police agencies. Institutions are not required to issue a timely warning based on the same circumstances that lead to an emergency notification.
Institutions that maintain a police or security department of any kind must maintain a daily crime log. The log must record, by the date a crime was reported, any crime reported to the campus police or security department that occurred on campus, in or on a non-campus building or property, on public property, or within the patrol jurisdiction of the campus police or the campus security department. The log must include the nature, date, time, and general location of each crime, and the disposition of the complaint if known.
An entry to the log, or an addition to an entry, must be made within two business days of the report of the information to campus police or security department, unless the disclosure is prohibited by law or would jeopardize the confidentiality of the victim. Information may be withheld if there is clear and convincing evidence that the release of the information would jeopardize an ongoing criminal investigation or the safety of an individual, cause a suspect to flee or evade detection, or result in the destruction of evidence. Once the adverse effect is no longer likely to occur, the information must be disclosed.
The crime log for the most recent 60 days must be open to public inspection during normal business hours. Portions of the log older than 60 days must be available for public inspection within two business days of a request. For more information: Handbook for Campus Crime Reporting

  • HEOA Sec. 488(g) amended HEA Sec. 485 (20 U.S.C. 1092): added HEA Sec. 485(j)
  • HEOA amendment effective August 14, 2008
  • October 29, 2009 FR notice (revised 34 CFR 668.41(a), added 34 CFR 668.46(b)(14) and 34 CFR 668.46(h))

Beginning October 1, 2010, an institution that provides any on-campus student housing facility * must include in its annual security report (see subject # 20) a statement of policy regarding missing student notification procedures for students who reside in on-campus student housing facilities.
This statement must

  • include the titles of the persons or organizations to which reports should be made that a student has been missing for 24 hours
  • 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
  • contain an option for each student to identify a contact person or persons whom the institution will notify within 24 hours if the student is determined by the institutional police or security department or the local law enforcement agency to be missing
  • advise students their contact information will be registered confidentially
  • informs students that the institution will notify within 24 hours the appropriate law enforcement agency that the student is determined to be missing (if the law enforcement agency did not make the determination that the student is missing)
  • advises students, if they are under 18 years of age and not emancipated, that the institution is required to notify a custodial parent or guardian within 24 hours when the student is determined to be missing in addition to any additional contact person designated by the student.

* [Note: The preamble of the October 29, 2009 FR notice states: 'To clarify, any student housing facility that is owned or controlled by the institution, or is located on property that is owned or controlled by the institution, and is within the reasonably contiguous geographic area that makes up the campus is considered an on-campus student housing facility' (page 55912)].
HEOA Sec. 493(a)(1)(A) amended HEA Sec. 487(a) (20 U.S.C. 1094(a)): added HEA Sec. 487(a)(26) HEOA amendment effective August 14, 2009
Institutions must, upon written request, disclose to the alleged victim of any crime of violence or a nonforcible sex offense, the results of any disciplinary proceeding conducted by the institution against a student who is the alleged perpetrator of such crime or offense. If the alleged victim is deceased as a result of the crime or offense, the information shall be provided, upon request, to the next of kin of the alleged victim. This provision applies to any disciplinary proceeding conducted by an institution on or after August 14, 2009.

How Disclosed

Report or notice of report mailed or delivered to each enrolled student and employee.
Prospective students and prospective employees receive notice of report and receive report upon request
Report provided to students and employees
Open for public inspection
Information distributed in annual security report (see subject #20)
Information provided to victim of crime

Links:

Subject Area

Fire Safety Report and Fire Log

Requirement Applies to

Institutions That Participate in Title IV, HEA Programs and Maintain On-Campus Student Housing Facilities

Requirement

  • HEOA Sec. 488(a)(1)(E) amended HEA Sec. 485(a)(1) (20 U.S.C. 1092(a)(1)): added HEA Sec. 485(a)(1)(T). HEOA Sec. 488(g) amended HEA Sec. 485 (20 U.S.C. 1092): added HEA Sec. 485(i)
  • HEOA amendments effective August 14, 2008
  • October 29, 2009 FR notice (revised 34 CFR 668.41(a) and 34 CFR 668.41(e), added 34 CFR 668.49)

By October 1 of each year (beginning with the October 1, 2010, report containing data from the 2009 calendar year), an institution that maintains any on-campus student housing facility* must distribute an annual fire safety report, or notice of the report, to all enrolled students and current employees. If the institution distributes the report by posting the report on its website, it must provide a notice by October 1 that includes a statement of the report's availability, the exact electronic address at which the report is posted, a brief description of the report's contents, and a statement that the institution will provide a paper copy upon request.
Institutions must provide a notice to prospective students and prospective employees that includes a statement of the report's availability, a description of its contents, and an opportunity to request a copy. If the institution posts the report on its website, the notice must include the exact electronic address at which the report is posted and a statement that the institution will provide a paper copy upon request.
[* Note: The preamble of the October 29, 2009 FR notice states: 'To clarify, any student housing facility that is owned or controlled by the institution, or is located on property that is owned or controlled by the institution, and is within the reasonably contiguous geographic area that makes up the campus is considered an on-campus student housing facility' (page 55912)]
An institution may combine the publication of the fire safety report and the security report (see section on Security Policies) if the title of the combined report clearly states that both reports are included. If the security and fire safety reports are published separately, each report must include information about how to access the other report
The fire safety report must include, for each on-campus student housing facility

  • statistics for the three** most recent calendar years for which data are available for
    - the number of fires and the cause of each fire
    - the number of [persons who received fire-related injuries that resulted] in treatment at a medical facility, including at an on-campus health center
    - the number of deaths related to a fire
    - the value of property damage caused by a fire
  • a description of each housing facility fire safety system, including the fire sprinkler system
  • the number of fire drills held during the previous calendar year (number of fire drills in 2009 for the 2010 report)
  • policies or rules on portable electrical appliances, smoking, and open flames
  • procedures for evacuation
  • policies regarding fire safety education and training programs provided to students and employees, including the procedures students and employees should follow in the case of a fire
  • for the purposes of including a fire in the statistics, the titles of each person or organization to which students and employees should report that a fire occurred
  • plans for future improvements in fire safety, if determined necessary by the institution

**The 3-year requirement will be phased in. The October 1, 2010, report will include the statistics for the 2009 calendar year. The first report to contain three years of data will be the October 1, 2012, report.
The statistics must also be submitted to the Department of Education. The Department must make the statistics publicly available.
The institution must maintain a fire log that records by the date that a fire was reported, any fire that occurred in an on-campus student housing facility. The log must include the nature, date, time, and general location of each fire.
An entry to the log, or an addition to an entry, must be made within 2 business days of the receipt of the information. The log for the most recent 60-day period must be open to public inspection during normal business hours. The institution must make older portions of the log available within 2 business days of a request for public inspection. The institution must make an annual report to the campus community on the fires recorded in the fire log. This requirement may be satisfied by the annual fire safety report described above.

How Disclosed

Fire safety report, or notice of report, distributed to each student and current employee.
Prospective students and prospective employees receive a notice of the report's availability.
Open for public inspection

Links: