[Code of Federal Regulations] [Title 32, Volume 2, Parts 191 to 399] [Revised as of July 1, 1998] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR216.6] [Page 351-353] TITLE 32--NATIONAL DEFENSE (CONTINUED) PART 216--MILITARY RECRUITING AND RESERVE OFFICER TRAINING CORPS PROGRAM ACCESS TO INSTITUTIONS OF HIGHER EDUCATION--Table of Contents Sec. 216.6 Information requirements. The information requirements identified at Secs. 216.5 (b) and (c)(1) have been assigned Report Control Symbols DD-P&R (SA) 1386 and DD-P&R (SA) 1640, [[Page 352]] respectively, in accordance with DoD 8910.1-M.\1\ --------------------------------------------------------------------------- \1\ Copies may be obtained, at cost, from the National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161. --------------------------------------------------------------------------- Appendix A of Part 216--ROTC Sample Letter of Inquiry (Tailor letter to situation presented). Dr. Jane Smith, President, ABC College, Anywhere, USA 12345-9876. Dear Dr. Smith: I understand that ABC College has [refused a request from a Military Department to establish a Senior ROTC unit at your institution] [refused to continue existing ROTC programs at your institution] [prevented students from participation at a Senior ROTC program at another institution] by a policy or practice of the College. Current law \1\ prohibits funds by grant or contract (including a grant of funds to be available for student aid) from appropriations of the Departments of Defense, Labor, Health and Human Services, Education, and Related Agencies to schools that have a policy or practice prohibiting or preventing the Secretary of Defense from maintaining, establishing, or efficiently operating a Senior ROTC unit. Those statutes also bar agency funds for schools that prohibit or prevent a student from enrolling in an ROTC unit at another institution of higher education. Department of Defense Directive 1322.13 implements \2\ those statutes. --------------------------------------------------------------------------- \1\ 10 U.S.C. 983 and 110 Stat. 3009. \2\ DoD Directive 1322.13, ``Military Recruiting and Reserve Officers Training Corps Program Access to Institutions of Higher Education'' (available on the worldwide web at http://www.dtic.dla.mil/ defenselink/). --------------------------------------------------------------------------- This letter provides you an opportunity to clarify your institution's policy regarding ROTC access on the campus of ABC College. In that regard, I request, within the next 30 days, a written statement of the institution with respect to [define the problem area(s)]. Based on this information, Department of Defense officials will make a determination as to your institution's eligibility to receive funds by grant or contract. That decision will affect eligibility for funding from appropriations of the Departments of Defense, Labor, Health and Human Services, Education, and Related Agencies. Should it be determined that ABC College is in violation of the aforementioned statutes, such funding would be stopped, and the school would be ineligible to receive such funds in the future. I regret that this action may have to be taken. Successful officer procurement requires that the Department of Defense maintain a strong ROTC commissioning program. I hope it will be possible to [define the correction to the aforementioned problem area(s)]. I am available to answer any questions. Sincerely, Appendix B of Part 216--Military Recruiting Sample Letter of Inquiry (Tailor letter to situation presented). Dr. John Doe, President, ABC College, Anywhere, USA 12345-9876. Dear Dr. Doe: I understand that military recruiting personnel [are unable to recruit on the campus of ABC College] [have been refused directory information on ABC College students for military recruiting] by a policy or practice of the College. Current law \1\ prohibits funds by grant or contract (including a grant of funds to be available for student aid) from appropriations of the Departments of Defense, Transportation, Labor, Health and Human Services, Education, and Related Agencies to schools that have a policy of denying military recruiting personnel entry to campuses, access to students on campuses, or access to directory information on students. Department of Defense Directive 1322.13 implements \2\ those statutes. --------------------------------------------------------------------------- \1\ 108 Stat. 2663 and 110 Stat. 3009 \2\ DoD Directive 1322.13, ``Military Recruiting and Reserve Officers Training Corps Program Access to Institutions of Higher Education'' (available on the worldwide web at http://www.dtic.dla.mil/ defenselink/) --------------------------------------------------------------------------- This letter provides you an opportunity to clarify your institution's policy regarding military recruiting on the campus of ABC College. In that regard, I request, within the next 30 days, a written policy statement of the institution with respect to access to campus and students, and to student directory information \3\ by military recruiting personnel. Your response should highlight any difference between access for military recruiters and access for recruiting by other potential employers. --------------------------------------------------------------------------- \3\ Directory information refers to a student's name, address, telephone listing, date and place of birth, level of education, academic major, degrees received, and the educational institution in which the student most recently was enrolled. --------------------------------------------------------------------------- Based on this information, Department of Defense officials will make a determination as to your institution's eligibility to receive funds by grant or contract. That decision will affect eligibility for funding from appropriations of the Departments of Defense, Transportation, Labor, Health and Human Services, Education, and Related Agencies. Should it be determined that ABC College is in violation of the aforementioned statutes, such funding would be stopped, and the [[Page 353]] school would be ineligible to receive such funds in the future. I regret that this action may have to be taken. Successful recruiting requires that Department of Defense recruiters have reasonable access to students on the campuses of colleges and universities, and at the same time have effective relationships with the officials and student bodies of those institutions. I hope it will be possible to [define the correction to the aforementioned problem area(s)]. I am available to answer any questions. Sincerely,