United StatesClery Act regulations, confidentiality of victims in timely warnings and publicly available recordkeeping
34 CFR 668.46(b)(11)(iii) and (e)(1)
In force since .
A sensitive categories rule binding public and private bodies.
- Instrument type
- a regulation made under an act
- Obligation class
- Prohibition, Disclosure
What it requires
- When you report to the campus community on crimes that are reported to campus security authorities or local police agencies and that you consider to represent a threat to students and employees, do so in a manner that is timely and that withholds as confidential the names and other identifying information of victims (34 CFR 668.46(e)(1)).
- State in your annual security report how you will protect the confidentiality of victims and other necessary parties, including how you will complete publicly available recordkeeping, including Clery Act reporting and disclosures, without the inclusion of personally identifying information about the victim (34 CFR 668.46(b)(11)(iii)(A)).
- State in your annual security report how you will maintain as confidential any accommodations or protective measures provided to the victim, to the extent that maintaining that confidentiality would not impair your ability to provide them (34 CFR 668.46(b)(11)(iii)(B)).
These lines are LexLint's reading of the law's text.
What this law does
An institution that participates in a title IV student aid program must report to the campus community on crimes that represent a threat to students and employees in a manner that is timely and that withholds as confidential the names and other identifying information of victims.
Its annual security report must state how the institution will protect the confidentiality of victims and other necessary parties, including how it will complete publicly available recordkeeping, including Clery Act reporting and disclosures, without the inclusion of personally identifying information about the victim.
The report must also state how the institution will maintain as confidential any accommodations or protective measures provided to the victim, to the extent that confidentiality would not impair its ability to provide them. As used in Part 668, an institution includes an institution of higher education, a proprietary institution of higher education and a postsecondary vocational institution. The regulations are effective .
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