[Code of Federal Regulations]
[Title 32, Volume 2, Parts 191 to 399]
[Revised as of July 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR216.3]

[Page 354-355]
 
                       TITLE 32--NATIONAL DEFENSE
 
PART 216--MILITARY RECRUITING AND RESERVE OFFICER TRAINING CORPS PROGRAM ACCESS TO INSTITUTIONS OF HIGHER EDUCATION--Table of Contents
 
Sec. 216.3  Definitions.

    (a) Anti-ROTC policy. A policy or practice whereby a covered school 
prohibits or in effect prevents the Secretary of Defense from 
maintaining, establishing, or efficiently operating a unit of the Senior 
ROTC at the covered school, or prohibits or in effect prevents a student 
at the covered school from enrolling in a Senior ROTC unit at another 
institution of higher education.
    (b) Covered school. An institution of higher education, or a 
subelement of an institution of higher education, subject to the 
following clarifications:
    (1) In the event of a determination (Sec. 216.5) affecting only a 
subelement of a parent institution (see Sec. 216.3(d)), the limitations 
on the use of funds

[[Page 355]]

(Sec. 216.4(a) and (b)) shall apply only to the subelement and not to 
the parent institution as a whole.
    (2) The limitations on the use of funds (Sec. 216.4(a) and (b)) 
shall not apply to any individual institution of higher education that 
is part of a single university system if that individual institution 
does not prevent entry to campus, access to students, or access to 
student recruiting information by military recruiters, or have an anti-
ROTC policy, even though another campus of the same system is affected 
by a determination under Sec. 216.5(a).
    (c) Student recruiting information. For those currently enrolled, 
the student's name, address, telephone listing, age (or year of birth), 
level of education (e.g., freshman, sophomore, or degree awarded for a 
recent graduate), and major.
    (d) Institution of higher education. A domestic college, university, 
or other institution (or subelement thereof) providing postsecondary 
school courses of study, including foreign campuses of such domestic 
institutions. The term includes junior colleges, community colleges, and 
institutions providing courses leading to undergraduate and post-
graduate degrees. The term does not include entities that operate 
exclusively outside the United States, its territories, and possessions. 
A subelement of an institution of higher education is a discrete 
(although not necessarily autonomous) organizational entity that may 
establish policies or practices affecting military recruiting and 
related actions (e.g., an undergraduate school, a law school, a medical 
school, or other graduate schools). For example, the School of Law of 
XYZ University is a subelement of its parent institution (XYZ 
University).
    (e) Student. An individual who is 17 years of age or older and is 
enrolled at a covered school.
    (f) Enrolled. Registered for a least one credit hour of academic 
credit at the covered school during the most-recent, current, or next 
term.
    (g) Military recruiters. Personnel of DoD whose current assignment 
or detail is to a recruiting activity of the DoD.
    (h) Pacifism. Opposition to war or violence, demonstrated by refusal 
to participate in military service.