28 C.F.R. Subpart E—Grants To Combat Violent Crimes Against Women on Campuses
Title 28 - Judicial Administration
Source: 64 FR 39783, July 22, 1999, unless otherwise noted.
This Subpart implements the Higher Education Amendments of 1998, Part E, section 826 (Pub. L. 105–244, 112 Stat. 1815), which authorizes Federal financial assistance to institutions of higher education to work individually or in consortia consisting of campus personnel, student organizations, campus administrators, security personnel, and regional crisis centers affiliated with the institution for two broad purposes: to develop, implement, and strengthen effective security and investigation strategies to combat violent crimes against women on campuses, including sexual assault, stalking, and domestic violence and to develop, enlarge, and strengthen support services for victims of sexual assault, stalking, and domestic violence. For the purposes of this Subpart, the following definitions apply: (a) Domestic violence includes acts or threats of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction, or by any other person against a victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction. (b) Institution of higher education is defined to include an educational institution in any State that admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate; is legally authorized within such State to provide a program of education beyond secondary education; provides an educational program for which the institution has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time. Section 101, Public Law 105–244, 20 U.S.C. 1001. (c) Sexual assault means any conduct proscribed by chapter 109A of Title 18, United States Code, whether or not the conduct occurs in the special maritime and territorial jurisdiction of the United States or in a Federal prison, including both assaults committed by offenders who are strangers to the victim and assaults committed by offenders who are known or related by blood or marriage to the victim. (d) Victim services means a nonprofit, nongovernmental organization that assists domestic violence or sexual assault victims, including campus women's centers, rape crisis centers, battered women's shelters, and other sexual assault or domestic violence programs, including campus counseling support and victim advocate organizations with domestic violence, stalking, and sexual assault programs, whether or not organized and staffed by students. The purposes of the grant program in this subpart are: (a) To provide personnel, training, technical assistance, data collection, and other equipment with respect to the increased apprehension, investigation, and adjudication of persons committing violent crimes against women on campus; (b) To train campus administrators, campus security personnel, and personnel serving on campus disciplinary or judicial boards to more effectively identify and respond to violent crimes against women on campus, including the crimes of sexual assault, stalking, and domestic violence; (c) To implement and operate education programs for the prevention of violent crimes against women; (d) To develop, enlarge or strengthen support services programs, including medical or psychological counseling, for victims of sexual offense crimes; (e) To create, disseminate, or otherwise provide assistance and information about victims' options on and off campus to bring disciplinary or other legal action; (f) To develop and implement more effective campus policies, protocols, orders, and services specifically devoted to prevent, identify, and respond to violent crimes against women on campus, including the crimes of sexual assault, stalking, and domestic violence; (g) To develop, install, or expand data collection and communication systems, including computerized systems, linking campus security to the local law enforcement for the purpose of identifying and tracking arrests, protection orders, violations of protection orders, prosecutions, and convictions with respect to violent crimes against women on campus, including the crimes of sexual assault, stalking, and domestic violence; (h) To develop, enlarge, or strengthen victim services programs for the campus and to improve delivery of victim services on campus; (i) To provide capital improvements (including improved lighting and communications facilities but not including the construction of buildings) on campuses to address violent crimes against women on campus, including the crimes of sexual assault, stalking, and domestic violence; and (j) To support improved coordination among campus administrators, campus security personnel, and local law enforcement to reduce violent crimes against women on campus. (a) Eligible grantees are institutions of higher education that are in compliance with the campus crime reporting requirements as set forth in section 486(e) of the Higher Education Amendments of 1998, as amended, Public Law 105–244, 112 Stat. 1741, 20 U.S.C. 1092(f). (b) To be eligible for this Grant Program, such institutions of higher education referred to in paragraph (a) of this section must: (1) Collect crime statistics and information about any campus security policies for their respective campuses, and compile such data in an annual security report and disseminate it to all current students and employees, and, upon request, to any applicant for enrollment or employment; (2) Include in all annual security reports referred to in paragraph (b)(1) of this section information regarding campus security policies and campus crime statistics; (3) Certify that they have developed and carry out policies consistent with the requirements of the Amendment to the Family Educational Rights and Privacy Act (FERPA) of 1974, as amended by section 951 of the Higher Education Amendments of 1998; (4) Enter into partnerships with nonprofit, nongovernmental victim service providers through formal memoranda of understanding (MOU) clearly describing the responsibilities of each partner. (a) Format. Applications from institutions of higher education must be submitted on Standard Form 424, Application for Federal Assistance, at a time designated by the Violence Against Women Office of the Office of Justice Programs. The Violence Against Women Office of the Office of Justice Programs will develop and disseminate to institutions of higher education and other interested parties a complete Application Kit, which will include a Standard Form 424, a list of assurances to which applicants must agree, and additional guidance on how to prepare and submit an application for grants under this Subpart. Complete application kits will be available from: The Violence Against Women Office, Office of Justice Programs, 810 Seventh Street, N.W., Washington, D.C. 20531. Telephone: (202) 307–6026. (b) Programs. Applications must set forth programs and projects that meet the purposes and criteria of the Grants to Combat Violent Crimes Against Women on Campuses set out in §§90.102 and 90.103. (c) Requirements. Applicants in their applications must, at a minimum: (1) Describe the need for grant funds and a plan for implementation of any of the 10 purpose areas set forth in §826 (b) of the Higher Education Amendments of 1998, Public Law 105–244, 112 Stat. 1816 (20 U.S.C. 1152); (2) Describe how campus authorities shall consult and coordinate with nonprofit and other victim service programs, including sexual assault and domestic violence victim service programs; (3) Describe the characteristics of the population being served, including type of campus, demographics of the population, and the number of students; (4) Provide measurable goals and expected results from the use of grant funds; (5) Provide assurances that Federal funds made available under this section shall be used to supplement and, to the extent practical, increase the level of funds that would, in the absence of Federal funds, be made available by the institution for the 10 purposes as set forth in §826 (b) of the Higher Education Amendments of 1998, Public Law 105–244, 112 Stat. 1816 (20 U.S.C. 1152); (6) Identify the agency or office or groups of agencies or offices responsible for carrying out the Program; and (7) Include documentation from nonprofit, nongovernmental sexual assault and domestic violence victims' programs demonstrating their participation in developing the application, and explain how these groups will be involved in the development and implementation of the project. (d) Certifications. (1) Each institution of higher education applying for grant funds must be in compliance with the eligibility requirements set out in §90.103. (2) Each institution of higher education applying for grant funds must certify that it is in compliance with the requirements of section 485(f) of the Higher Education Act of 1965. (3) Each institution of higher education applying for grant funds must certify that it has developed policies consistent with the requirements of the Amendment to the Family Educational Rights and Privacy Act (FERPA) of 1974, at section 951 of the Higher Education Amendments of 1998, Public Law 105–244, 112 Stat. 1835. (4) Each institution of higher education applying for grant funds must certify that all the information contained in the application is correct. All submissions will be treated as a material representation of fact upon which reliance will be placed, and any false or incomplete representation may result in suspension or termination of funding, recovery of funds provided, and civil and/or criminal sanctions. (a) Equitable participation and geographic distribution. In accordance with section 826(a)(3) of the Higher Education Amendments of 1998, Public Law 105–244, 112 Stat. 1816, every effort shall be made to ensure: (1) The equitable participation of private and public institutions of higher education in the activities assisted under this Subpart; and (2) The equitable geographic distribution of grants funded through this Subpart among the various regions of the United States. (b) Additional review criteria. Priority shall be given to applicants that demonstrate a commitment to developing strong collaborative models for developing services that are victim-centered; policies, protocols and penalties that hold offenders accountable; and programs that educate the entire campus community about how to end and prevent violence against women through systemic change. Commitment may be demonstrated in a number of ways including: clear communication from the institution's top leadership that strong responses to and prevention of violence against women is a priority; development and vigorous enforcement of campus policies and adherence to local laws addressing violence against women; creation of coordinated, multidisciplinary task forces that include at a minimum both campus and community-based victim service providers and campus security personnel and local law enforcement; innovative approaches to educating the entire campus community, including faculty, staff, administration, and students; provision of training and education programs to campus security personnel, others in positions of authority, and campus victim service providers; development of resource materials and information on violence against women; and innovative dissemination strategies for communicating information about the identification of violence against women, its underlying causes, and the consequences of committing violent crimes against women. (c) Intergovernmental review. This grant program is covered by Executive Order 12372, Intergovernmental Review of Federal Programs (3 CFR, 1982 Comp., p. 197), and implementing regulations at 28 CFR Part 30. A copy of the application submitted to the Violence Against Women Office of the Office of Justice Programs should also be submitted at the same time to the State's Single Point of Contact, if there is a Single Point of Contact. (a) Semi-annual progress reports and annual performance reports. Each grantee receiving funds under this Subpart shall submit semi-annual progress reports and an annual performance report to the Attorney General (Office of Justice Programs, Violence Against Women Office). Funding shall be suspended if a grantee fails to submit an annual performance report. (b) Final performance report. Upon completion of the grant period, the institution shall be required to file a final performance report to the Attorney General (Office of Justice Programs, Violence Against Women Office) and the Secretary of Education (U.S. Department of Education's Safe and Drug Free Schools Program) explaining the activities carried out under this Subpart along with an assessment of the effectiveness of those activities in achieving the purposes set forth previously.
Title 28: Judicial Administration
PART 90—VIOLENCE AGAINST WOMEN
Subpart E—Grants To Combat Violent Crimes Against Women on Campuses
§ 90.100 What is the scope of the grant program?
§ 90.101 What definitions apply for the grant program?
§ 90.102 What are the purposes of the grant program?
§ 90.103 What are the eligibility requirements for the grant program?
§ 90.104 What must the grant program application contain?
§ 90.105 What are the review criteria for grant program applications?
§ 90.106 What are the grantee reporting requirements for the grant program?
