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Subpart E-What Are the Enforcement Procedures?

$99.60 What functions has the Sec

retary 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) $ 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)) $99.62 What information must an edu

cational agency or institution sub

mit 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)) 899.63 Where are complaints filed?

A parent or eligible student may file a written complaint with the Office re

garding 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) $99.64 What is the complaint proce

dure? (a) A complaint filed under $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) $99.65 What is the content of the no

tice 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 899.64(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 $99.64. (Authority: 20 U.S.C. 1232g(g)) (58 FR 3189, Jan. 7, 1993]

$99.66 What are the responsibilities of APPENDIX A TO PART 99—CRIMES OF the Office in the enforcement proc

VIOLENCE DEFINITIONS ess?

ARSON (a) The Office reviews the complaint and response and may permit the par

Any willful or malicious burning or at

tempt to burn, with or without intent to deties to submit further written or oral

fraud, a dwelling house, public building, arguments or information.

motor vehicle or aircraft, personal property (b) Following its investigation, the of another, etc. Office provides to the complainant and

ASSAULT OFFENSES the educational agency or institution written notice of its findings and the

An unlawful attack by one person upon anbasis for its findings.

other.

NOTE: By definition there can be no “at(c) If the Office finds that the edu

tempted” assaults, only "completed" ascational agency or institution has not

saults. complied with the Act or this part, the (a) Aggravated Assault. An unlawful attack notice under paragraph (b) of this sec by one person upon another for the purpose tion:

of inflicting severe or aggravated bodily in(1) Includes a statement of the spe

jury. This type of assault usually is accom

panied by the use of a weapon or by means cific steps that the agency or institu

likely to produce death or great bodily harm. tion must take to comply; and

(It is not necessary that injury result from (2) Provides a reasonable period of an aggravated assault when a gun, knife, or time, given all of the circumstances of other weapon is used which could and probthe case, during which the educational ably would result in serious injury if the agency or institution may comply vol

crime were successfully completed.)

(b) Simple Assault. An unlawful physical atuntarily.

tack by one person upon another where nei(Authority: 20 U.S.C. 1232g(f))

ther the offender displays a weapon, nor the

victim suffers obvious severe or aggravated $ 99.67 How does the Secretary enforce

bodily injury involving apparent broken decisions?

bones, loss of teeth, possible internal injury,

severe laceration, or loss of consciousness. (a) If the educational agency or insti (c) Intimidation. To unlawfully place antution does not comply during the pe other person in reasonable fear of bodily riod of time set under $99.66(c), the

harm through the use of threatening words Secretary may, in accordance with or other conduct, or both, but without dispart E of the General Education Provi

playing a weapon or subjecting the victim to

actual physical attack. sions Act, (1) Withhold further payments under

NOTE: This offense includes stalking. any applicable program;

BURGLARY (2) Issue a compliant to compel com

The unlawful entry into a building or other pliance through a cease-and-desist

structure with the intent to commit a felony order; or

or a theft. (3) Terminate eligibility to receive funding under any applicable program.

CRIMINAL HOMICIDE-MANSLAUGHTER BY

NEGLIGENCE (b) If, after an investigation under $ 99.66, the Secretary finds that an edu

The killing of another person through cational agency or institution has com

gross negligence. plied voluntarily with the Act or this CRIMINAL HOMICIDE-MURDER AND part, the Secretary provides the com

NONNEGLIGENT MANSLAUGHTER plainant and the agency or institution

The willful (nonnegligent) killing of one written notice of the decision and the

human being by another. basis for the decision. (NOTE: 34 CFR part 78 contains the regula

DESTRUCTION/DAMAGE/VANDALISM OF tions of the Education Appeal Board)

PROPERTY (Authority: 20 U.S.C. 1232g(1); 20 U.S.C. 1234)

To willfully or maliciously destroy, dam

age, deface, or otherwise injure real or per(53 FR 11943, Apr. 11, 1988; 53 FR 19368, May sonal property without the consent of the 27, 1988, as amended at 58 FR 3189, Jan. 7, owner or the person having custody or con1993)

trol 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) Porcible 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]

Subtitle B—Regulations of

the Offices of the Department of Education

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