EDGAR Part 99 Subpart E (What Are the Enforcement Procedures?), Appendix
Subpart E_What Are the Enforcement Procedures?
Sec. 99.60 What functions has the Secretary delegated to the Office
and to the Office of Administrative Law Judges?
(a) For the purposes of this subpart, Office means the Family Policy
Compliance Office, U.S. Department of Education.
(b) The Secretary designates the Office to:
(1) Investigate, process, and review complaints and violations under
the Act and this part; and
(2) Provide technical assistance to ensure compliance with the Act
and this part.
(c) The Secretary designates the Office of Administrative Law Judges
to act as the Review Board required under the Act to enforce the Act
with respect to all applicable programs. The term applicable program is
defined in section 400 of the General Education Provisions Act.
(Authority: 20 U.S.C. 1232g (f) and (g), 1234)
[53 FR 11943, Apr. 11, 1988, as amended at 58 FR 3189, Jan. 7, 1993]
Sec. 99.61 What responsibility does an educational agency or
institution have concerning conflict with State or local laws?
If an educational agency or institution determines that it cannot
comply with the Act or this part due to a conflict with State or local
law, it shall notify the Office within 45 days, giving the text and
citation of the conflicting law.
(Authority: 20 U.S.C. 1232g(f))
Sec. 99.62 What information must an educational agency or institution
submit to the Office?
The Office may require an educational agency or institution to
submit reports containing information necessary to resolve complaints
under the Act and the regulations in this part.
(Authority: 20 U.S.C. 1232g (f) and (g))
Sec. 99.63 Where are complaints filed?
A parent or eligible student may file a written complaint with the
Office regarding an alleged violation under the Act and this part. The
Office's address is: Family Policy Compliance Office, U.S. Department of
Education, 400 Maryland Avenue, SW., Washington, DC 20202-4605.
(Authority: 20 U.S.C. 1232g(g))
[65 FR 41854, July 6, 2000]
Sec. 99.64 What is the complaint procedure?
(a) A complaint filed under Sec. 99.63 must contain specific
allegations of fact giving reasonable cause to believe that a violation
of the Act or this part has occurred.
(b) The Office investigates each timely complaint to determine
whether the educational agency or institution has failed to comply with
the provisions of the Act or this part.
(c) A timely complaint is defined as an allegation of a violation of
the Act that is submitted to the Office within 180 days of the date of
the alleged violation or of the date that the complainant knew or
reasonably should have known of the alleged violation.
(d) The Office may extend the time limit in this section for good
cause shown.
(Authority: 20 U.S.C. 1232g(f))
[53 FR 11943, Apr. 11, 1988, as amended at 58 FR 3189, Jan. 7, 1993; 65
FR 41854, July 6, 2000]
Sec. 99.65 What is the content of the notice of complaint issued by
the Office?
(a) The Office notifies the complainant and the educational agency
or institution in writing if it initiates an investigation of a
complaint under Sec. 99.64(b). The notice to the educational agency or
institution--
(1) Includes the substance of the alleged violation; and
(2) Asks the agency or institution to submit a written response to
the complaint.
(b) The Office notifies the complainant if it does not initiate an
investigation of a complaint because the complaint fails to meet the
requirements of Sec. 99.64.
(Authority: 20 U.S.C. 1232g(g))
[58 FR 3189, Jan. 7, 1993]
Sec. 99.66 What are the responsibilities of the Office in the
enforcement process?
(a) The Office reviews the complaint and response and may permit the
parties to submit further written or oral arguments or information.
(b) Following its investigation, the Office provides to the
complainant and the educational agency or institution written notice of
its findings and the basis for its findings.
(c) If the Office finds that the educational agency or institution
has not complied with the Act or this part, the notice under paragraph
(b) of this section:
(1) Includes a statement of the specific steps that the agency or
institution must take to comply; and
(2) Provides a reasonable period of time, given all of the
circumstances of the case, during which the educational agency or
institution may comply voluntarily.
(Authority: 20 U.S.C. 1232g(f))
Sec. 99.67 How does the Secretary enforce decisions?
(a) If the educational agency or institution does not comply during
the period of time set under Sec. 99.66(c), the Secretary may, in
accordance with part E of the General Education Provisions Act--
(1) Withhold further payments under any applicable program;
(2) Issue a compliant to compel compliance through a cease-and-
desist order; or
(3) Terminate eligibility to receive funding under any applicable
program.
(b) If, after an investigation under Sec. 99.66, the Secretary
finds that an educational agency or institution has complied voluntarily
with the Act or this part, the Secretary provides the complainant and
the agency or institution written notice of the decision and the basis
for the decision.
(Note: 34 CFR part 78 contains the regulations of the Education
Appeal Board)
(Authority: 20 U.S.C. 1232g(f); 20 U.S.C. 1234)
[53 FR 11943, Apr. 11, 1988; 53 FR 19368, May 27, 1988, as amended at 58
FR 3189, Jan. 7, 1993]
Appendix A to Part 99--Crimes of Violence Definitions
Arson
Any willful or malicious burning or attempt to burn, with or without
intent to defraud, a dwelling house, public building, motor vehicle or
aircraft, personal property of another, etc.
Assault Offenses
An unlawful attack by one person upon another.
Note: By definition there can be no ``attempted'' assaults, only
``completed'' assaults.
(a) Aggravated Assault. An unlawful attack by one person upon
another for the purpose of inflicting severe or aggravated bodily
injury. This type of assault usually is accompanied by the use of a
weapon or by means likely to produce death or great bodily harm. (It is
not necessary that injury result from an aggravated assault when a gun,
knife, or other weapon is used which could and probably would result in
serious injury if the crime were successfully completed.)
(b) Simple Assault. An unlawful physical attack by one person upon
another where neither the offender displays a weapon, nor the victim
suffers obvious severe or aggravated bodily injury involving apparent
broken bones, loss of teeth, possible internal injury, severe
laceration, or loss of consciousness.
(c) Intimidation. To unlawfully place another person in reasonable
fear of bodily harm through the use of threatening words or other
conduct, or both, but without displaying a weapon or subjecting the
victim to actual physical attack.
Note: This offense includes stalking.
Burglary
The unlawful entry into a building or other structure with the
intent to commit a felony or a theft.
Criminal Homicide--Manslaughter by Negligence
The killing of another person through gross negligence.
Criminal Homicide--Murder and Nonnegligent Manslaughter
The willful (nonnegligent) killing of one human being by another.
Destruction/Damage/Vandalism of Property
To willfully or maliciously destroy, damage, deface, or otherwise
injure real or personal property without the consent of the owner or the
person having custody or control of it.
Kidnapping/Abduction
The unlawful seizure, transportation, or detention of a person, or
any combination of these actions, against his or her will, or of a minor
without the consent of his or her custodial parent(s) or legal guardian.
Note: Kidnapping/Abduction includes hostage taking.
Robbery
The taking of, or attempting to take, anything of value under
confrontational circumstances from the control, custody, or care of a
person or persons by force or threat of force or violence or by putting
the victim in fear.
Note: Carjackings are robbery offenses where a motor vehicle is
taken through force or threat of force.
Sex Offenses, Forcible
Any sexual act directed against another person, forcibly or against
that person's will, or both; or not forcibly or against the person's
will where the victim is incapable of giving consent.
(a) Forcible Rape (Except ``Statutory Rape''). The carnal knowledge
of a person, forcibly or against that person's will, or both; or not
forcibly or against the person's will where the victim is incapable of
giving consent because of his or her temporary or permanent mental or
physical incapacity (or because of his or her youth).
(b) Forcible Sodomy. Oral or anal sexual intercourse with another
person, forcibly or against that person's will, or both; or not forcibly
or against the person's will where the victim is incapable of giving
consent because of his or her youth or because of his or her temporary
or permanent mental or physical incapacity.
(c) Sexual Assault With An Object. To use an object or instrument to
unlawfully penetrate, however slightly, the genital or anal opening of
the body of another person, forcibly or against that person's will, or
both; or not forcibly or against the person's will where the victim is
incapable of giving consent because of his or her youth or because of
his or her temporary or permanent mental or physical incapacity.
Note: An ``object'' or ``instrument'' is anything used by the
offender other than the offender's genitalia. Examples are a finger,
bottle, handgun, stick, etc.
(d) Forcible Fondling. The touching of the private body parts of
another person for the purpose of sexual gratification, forcibly or
against that person's will, or both; or not forcibly or against the
person's will where the victim is incapable of giving consent because of
his or her youth or because of his or her temporary or permanent mental
or physical incapacity.
Note: Forcible Fondling includes ``Indecent Liberties'' and ``Child
Molesting.''
Nonforcible Sex Offenses (Except ``Prostitution Offenses'')
Unlawful, nonforcible sexual intercourse.
(a) Incest. Nonforcible sexual intercourse between persons who are
related to each other within the degrees wherein marriage is prohibited
by law.
(b) Statutory Rape. Nonforcible sexual intercourse with a person who
is under the statutory age of consent.
(Authority: 20 U.S.C. 1232g(b)(6) and 18 U.S.C. 16)
[65 FR 41854, July 6, 2000]
EDGAR version June 23, 2005
