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HEA 101 Quick Guide: Disciplinary Proceeding Disclosures


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(HEA Title IV , Sec. 487(a)(26))

Additional Resources

Statutory Language

 
 

Quick Take
Institutions will now be required, upon written request, to disclose to the alleged victim of a crime of violence or a nonforcible sex offense, or to the alleged victim’s next of kin (if the victim dies as a result of the crime or offense), the final results of any institutional disciplinary proceeding dealing with that crime or offense. Currently, such disclosures are optional under the Family Educational Rights and Privacy Act (FERPA).

When Will This Take Effect?

The provision will take effect on August 14, 2009. It is subject to negotiated rulemaking, so specific regulatory guidance may be provided in the future.


Who On Campus May Need to Be Involved?

Legal counsel;  those involved with institutional disciplinary proceedings




Additional Resources
Comparison of new HEA Provisions with FERPA   Public Law 110-315 amends the program participation section (Sec. 487) of the Higher Education Act in what appears to be an attempt to modify FERPA Section 444(b)(6).

The differences between P.L. 110-315 and the FERPA provisions are:

  • P.L. 110-315 requires the institution to disclose the final results to the alleged victim or to the alleged victim’s next of kin (if the victim is dead due to the crime or offense) in all cases where the institution has conducted a disciplinary proceeding dealing with a crime of violence or a nonforcible sex offense—provided that a written request is made for the information.
  • FERPA makes it an option for the institution to disclose the final results to the alleged victim of a disciplinary proceeding dealing with a crime of violence or a nonforcible sex offense.  (Section 444(b)(6)(A))  
  • FERPA does not place any restrictions on whom the institution may choose to disclose the final results IF the proceeding determines the student violated the institution’s rules or policies regarding the crime or offense.  [Note that the “to an alleged victim” phrase in section 444(b)(6)(A) does not appear in section444(b)(6)(B).]


Report Language (House Report 110-803)

The House bill requires an institution of higher education to, upon request, disclose to the alleged victim of any violent crime or nonforcible sex offense the final results of any institutional disciplinary proceeding conducted against a student who is the alleged perpetrator of such crime or offense. The House bill also requires that this information be provided to the alleged victim's next of kin, if the alleged victim is deceased.

The Senate amendment contains no similar provision.

The Senate recedes with an amendment to require disclosure upon written request and that the disclosure be made available to the next of kin only if the victim dies as a result of the crime or offense.

Statutory Language