HEA: Disciplinary Proceeding Disclosures

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

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 is dead due to the crime or offense), the final results of cases where the institution has conducted a 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

Statuatory Language

 

HEA101 Web Keyword for More Information: Disciplinary