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U.S. Code as of:
01/19/04
Section 1092. Institutional and financial assistance information for students
(a) Information dissemination activities
(1) Each eligible institution participating in any program under
this subchapter and part C of subchapter I of chapter 34 of title
42 shall carry out information dissemination activities for
prospective and enrolled students (including those attending or
planning to attend less than full time) regarding the institution
and all financial assistance under this subchapter and part C of
subchapter I of chapter 34 of title 42. The information required by
this section shall be produced and be made readily available upon
request, through appropriate publications, mailings, and electronic
media, to an enrolled student and to any prospective student. Each
eligible institution shall, on an annual basis, provide to all
enrolled students a list of the information that is required to be
provided by institutions to students by this section and section
1232g of this title, together with a statement of the procedures
required to obtain such information. The information required by
this section shall accurately describe -
(A) the student financial assistance programs available to
students who enroll at such institution;
(B) the methods by which such assistance is distributed among
student recipients who enroll at such institution;
(C) any means, including forms, by which application for
student financial assistance is made and requirements for
accurately preparing such application;
(D) the rights and responsibilities of students receiving
financial assistance under this subchapter and part C of
subchapter I of chapter 34 of title 42;
(E) the cost of attending the institution, including (i)
tuition and fees, (ii) books and supplies, (iii) estimates of
typical student room and board costs or typical commuting costs,
and (iv) any additional cost of the program in which the student
is enrolled or expresses a specific interest;
(F) a statement of -
(i) the requirements of any refund policy with which the
institution is required to comply;
(ii) the requirements under section 1091b of this title for
the return of grant or loan assistance provided under this
subchapter and part C of subchapter I of chapter 34 of title
42; and
(iii) the requirements for officially withdrawing from the
institution;
(G) the academic program of the institution, including (i) the
current degree programs and other educational and training
programs, (ii) the instructional, laboratory, and other physical
plant facilities which relate to the academic program, and (iii)
the faculty and other instructional personnel;
(H) each person designated under subsection (c) of this
section, and the methods by which and locations in which any
person so designated may be contacted by students and prospective
students who are seeking information required by this subsection;
(I) special facilities and services available to handicapped
students;
(J) the names of associations, agencies, or governmental bodies
which accredit, approve, or license the institution and its
programs, and the procedures under which any current or
prospective student may obtain or review upon request a copy of
the documents describing the institution's accreditation,
approval, or licensing;
(K) the standards which the student must maintain in order to
be considered to be making satisfactory progress, pursuant to
section 1091(a)(2) of this title;
(L) the completion or graduation rate of certificate- or
degree-seeking, full-time, undergraduate students entering such
institutions;
(M) the terms and conditions under which students receiving
guaranteed student loans under part B of this subchapter or
direct student loans under part D of this subchapter, or both,
may -
(i) obtain deferral of the repayment of the principal and
interest for service under the Peace Corps Act (as established
by the Peace Corps Act (22 U.S.C. 2501 et seq.)) or under the
Domestic Volunteer Service Act of 1973 [42 U.S.C. 4950 et
seq.], or for comparable full-time service as a volunteer for a
tax-exempt organization of demonstrated effectiveness in the
field of community service, and
(ii) obtain partial cancellation of the student loan for
service under the Peace Corps Act (as established by the Peace
Corps Act (22 U.S.C. 2501 et seq.)) under (!1) the Domestic
Volunteer Service Act of 1973 [42 U.S.C. 4950 et seq.] or, for
comparable full-time service as a volunteer for a tax-exempt
organization of demonstrated effectiveness in the field of
community service;
(N) that enrollment in a program of study abroad approved for
credit by the home institution may be considered enrollment in
the home institution for purposes of applying for Federal student
financial assistance; and
(O) the campus crime report prepared by the institution
pursuant to subsection (f) of this section, including all
required reporting categories.
(2) For the purpose of this section, the term "prospective
student" means any individual who has contacted an eligible
institution requesting information concerning admission to that
institution.
(3) In calculating the completion or graduation rate under
subparagraph (L) of paragraph (1) of this subsection or under
subsection (e) of this section, a student shall be counted as a
completion or graduation if, within 150 percent of the normal time
for completion of or graduation from the program, the student has
completed or graduated from the program, or enrolled in any program
of an eligible institution for which the prior program provides
substantial preparation. The information required to be disclosed
under such subparagraph -
(A) shall be made available by July 1 each year to enrolled
students and prospective students prior to the students enrolling
or entering into any financial obligation; and
(B) shall cover the one-year period ending on August 31 of the
preceding year.
(4) For purposes of this section, institutions may exclude from
the information disclosed in accordance with subparagraph (L) of
paragraph (1) the completion or graduation rates of students who
leave school to serve in the armed services, on official church
missions, or with a recognized foreign aid service of the Federal
Government.
(5) The Secretary shall permit any institution of higher
education that is a member of an athletic association or athletic
conference that has voluntarily published completion or graduation
rate data or has agreed to publish data that, in the opinion of the
Secretary, is substantially comparable to the information required
under this subsection, to use such data to satisfy the requirements
of this subsection.
(6) Each institution may provide supplemental information to
enrolled and prospective students showing the completion or
graduation rate for students described in paragraph (4) or for
students transferring into the institution or information showing
the rate at which students transfer out of the institution.
(b) Exit counseling for borrowers
(1)(A) Each eligible institution shall, through financial aid
officers or otherwise, make available counseling to borrowers of
loans which are made, insured, or guaranteed under part B (other
than loans made pursuant to section 1078-2 of this title) of this
subchapter or made under part C or D of this subchapter prior to
the completion of the course of study for which the borrower
enrolled at the institution or at the time of departure from such
institution. The counseling required by this subsection shall
include -
(i) the average anticipated monthly repayments, a review of the
repayment options available, and such debt and management
strategies as the institution determines are designed to
facilitate the repayment of such indebtedness; and
(ii) the terms and conditions under which the student may
obtain partial cancellation or defer repayment of the principal
and interest pursuant to sections 1078(b), 1087dd(c)(2), and
1087ee of this title.
(B) In the case of borrower who leaves an institution without the
prior knowledge of the institution, the institution shall attempt
to provide the information described in subparagraph (A) to the
student in writing.
(2)(A) Each eligible institution shall require that the borrower
of a loan made under part B, C, or D of this subchapter submit to
the institution, during the exit interview required by this
subsection -
(i) the borrower's expected permanent address after leaving the
institution (regardless of the reason for leaving);
(ii) the name and address of the borrower's expected employer
after leaving the institution;
(iii) the address of the borrower's next of kin; and
(iv) any corrections in the institution's records relating the
borrower's name, address, social security number, references, and
driver's license number.
(B) The institution shall, within 60 days after the interview,
forward any corrected or completed information received from the
borrower to the guaranty agency indicated on the borrower's student
aid records.
(C) Nothing in this subsection shall be construed to prohibit an
institution of higher education from utilizing electronic means to
provide personalized exit counseling.
(c) Financial assistance information personnel
Each eligible institution shall designate an employee or group of
employees who shall be available on a full-time basis to assist
students or potential students in obtaining information as
specified in subsection (a) of this section. The Secretary may, by
regulation, waive the requirement that an employee or employees be
available on a full-time basis for carrying out responsibilities
required under this section whenever an institution in which the
total enrollment, or the portion of the enrollment participating in
programs under this subchapter and part C of subchapter I of
chapter 34 of title 42 at that institution, is too small to
necessitate such employee or employees being available on a
full-time basis. No such waiver may include permission to exempt
any such institution from designating a specific individual or a
group of individuals to carry out the provisions of this section.
(d) Departmental publication of descriptions of assistance programs
(1) The Secretary shall make available to eligible institutions,
eligible lenders, and secondary schools descriptions of Federal
student assistance programs including the rights and
responsibilities of student and institutional participants, in
order to (A) assist students in gaining information through
institutional sources, and (B) assist institutions in carrying out
the provisions of this section, so that individual and
institutional participants will be fully aware of their rights and
responsibilities under such programs. In particular, such
information shall include information to enable students and
prospective students to assess the debt burden and monthly and
total repayment obligations that will be incurred as a result of
receiving loans of varying amounts under this subchapter and part C
of subchapter I of chapter 34 of title 42. In addition, such
information shall include information to enable borrowers to assess
the practical consequences of loan consolidation, including
differences in deferment eligibility, interest rates, monthly
payments, and finance charges, and samples of loan consolidation
profiles to illustrate such consequences. The Secretary shall
provide information concerning the specific terms and conditions
under which students may obtain partial or total cancellation or
defer repayment of loans for service, shall indicate (in terms of
the Federal minimum wage) the maximum level of compensation and
allowances that a student borrower may receive from a tax-exempt
organization to qualify for a deferment, and shall explicitly state
that students may qualify for such partial cancellations or
deferments when they serve as a paid employee of a tax-exempt
organization. Such information shall be provided by eligible
institutions and eligible lenders at any time that information
regarding loan availability is provided to any student.
(2) The Secretary, to the extent the information is available,
shall compile information describing State and other prepaid
tuition programs and savings programs and disseminate such
information to States, eligible institutions, students, and parents
in departmental publications.
(3) The Secretary, to the extent practicable, shall update the
Department's Internet site to include direct links to databases
that contain information on public and private financial assistance
programs. The Secretary shall only provide direct links to
databases that can be accessed without charge and shall make
reasonable efforts to verify that the databases included in a
direct link are not providing fraudulent information. The Secretary
shall prominently display adjacent to any such direct link a
disclaimer indicating that a direct link to a database does not
constitute an endorsement or recommendation of the database, the
provider of the database, or any services or products of such
provider. The Secretary shall provide additional direct links to
information resources from which students may obtain information
about fraudulent and deceptive practices in the provision of
services related to student financial aid.
(e) Disclosures required with respect to athletically related
student aid
(1) Each institution of higher education which participates in
any program under this subchapter and part C of subchapter I of
chapter 34 of title 42 and is attended by students receiving
athletically related student aid shall annually submit a report to
the Secretary which contains -
(A) the number of students at the institution of higher
education who received athletically related student aid broken
down by race and sex in the following sports: basketball,
football, baseball, cross country/track, and all other sports
combined;
(B) the number of students at the institution of higher
education, broken down by race and sex;
(C) the completion or graduation rate for students at the
institution of higher education who received athletically related
student aid broken down by race and sex in the following sports:
basketball, football, baseball, cross country/track and all other
sports combined;
(D) the completion or graduation rate for students at the
institution of higher education, broken down by race and sex;
(E) the average completion or graduation rate for the 4 most
recent completing or graduating classes of students at the
institution of higher education who received athletically related
student aid broken down by race and sex in the following
categories: basketball, football, baseball, cross country/track,
and all other sports combined; and
(F) the average completion or graduation rate for the 4 most
recent completing or graduating classes of students at the
institution of higher education broken down by race and sex.
(2) When an institution described in paragraph (1) of this
subsection offers a potential student athlete athletically related
student aid, such institution shall provide to the student and the
student's parents, guidance counselor, and coach the information
contained in the report submitted by such institution pursuant to
paragraph (1). If the institution is a member of a national
collegiate athletic association that compiles graduation rate data
on behalf of the association's member institutions that the
Secretary determines is substantially comparable to the information
described in paragraph (1), the distribution of the compilation of
such data to all secondary schools in the United States shall
fulfill the responsibility of the institution to provide
information to a prospective student athlete's guidance counselor
and coach.
(3) For purposes of this subsection, institutions may exclude
from the reporting requirements under paragraphs (1) and (2) the
completion or graduation rates of students and student athletes who
leave school to serve in the armed services, on official church
missions, or with a recognized foreign aid service of the Federal
Government.
(4) Each institution of higher education described in paragraph
(1) may provide supplemental information to students and the
Secretary showing the completion or graduation rate when such
completion or graduation rate includes students transferring into
and out of such institution.
(5) The Secretary, using the reports submitted under this
subsection, shall compile and publish a report containing the
information required under paragraph (1) broken down by -
(A) individual institutions of higher education; and
(B) athletic conferences recognized by the National Collegiate
Athletic Association and the National Association of
Intercollegiate Athletics.
(6) The Secretary shall waive the requirements of this subsection
for any institution of higher education that is a member of an
athletic association or athletic conference that has voluntarily
published completion or graduation rate data or has agreed to
publish data that, in the opinion of the Secretary, is
substantially comparable to the information required under this
subsection.
(7) The Secretary, in conjunction with the National Junior
College Athletic Association, shall develop and obtain data on
completion or graduation rates from two-year colleges that award
athletically related student aid. Such data shall, to the extent
practicable, be consistent with the reporting requirements set
forth in this section.
(8) For purposes of this subsection, the term "athletically
related student aid" means any scholarship, grant, or other form of
financial assistance the terms of which require the recipient to
participate in a program of intercollegiate athletics at an
institution of higher education in order to be eligible to receive
such assistance.
(9) The reports required by this subsection shall be due each
July 1 and shall cover the 1-year period ending August 31 of the
preceding year.
(f) Disclosure of campus security policy and campus crime
statistics
(1) Each eligible institution participating in any program under
this subchapter and part C of subchapter I of chapter 34 of title
42 shall on August 1, 1991, begin to collect the following
information with respect to campus crime statistics and campus
security policies of that institution, and beginning September 1,
1992, and each year thereafter, prepare, publish, and distribute,
through appropriate publications or mailings, to all current
students and employees, and to any applicant for enrollment or
employment upon request, an annual security report containing at
least the following information with respect to the campus security
policies and campus crime statistics of that institution:
(A) A statement of current campus policies regarding procedures
and facilities for students and others to report criminal actions
or other emergencies occurring on campus and policies concerning
the institution's response to such reports.
(B) A statement of current policies concerning security and
access to campus facilities, including campus residences, and
security considerations used in the maintenance of campus
facilities.
(C) A statement of current policies concerning campus law
enforcement, including -
(i) the enforcement authority of security personnel,
including their working relationship with State and local
police agencies; and
(ii) policies which encourage accurate and prompt reporting
of all crimes to the campus police and the appropriate police
agencies.
(D) A description of the type and frequency of programs
designed to inform students and employees about campus security
procedures and practices and to encourage students and employees
to be responsible for their own security and the security of
others.
(E) A description of programs designed to inform students and
employees about the prevention of crimes.
(F) Statistics concerning the occurrence on campus, in or on
noncampus buildings or property, and on public property during
the most recent calendar year, and during the 2 preceding
calendar years for which data are available -
(i) of the following criminal offenses reported to campus
security authorities or local police agencies:
(I) murder;
(II) sex offenses, forcible or nonforcible;
(III) robbery;
(IV) aggravated assault;
(V) burglary;
(VI) motor vehicle theft;
(VII) manslaughter;
(VIII) arson; and
(IX) arrests or persons referred for campus disciplinary
action for liquor law violations, drug-related violations,
and weapons possession; and
(ii) of the crimes described in subclauses (I) through (VIII)
of clause (i), and other crimes involving bodily injury to any
person in which the victim is intentionally selected because of
the actual or perceived race, gender, religion, sexual
orientation, ethnicity, or disability of the victim that are
reported to campus security authorities or local police
agencies, which data shall be collected and reported according
to category of prejudice.
(G) A statement of policy concerning the monitoring and
recording through local police agencies of criminal activity at
off-campus student organizations which are recognized by the
institution and that are engaged in by students attending the
institution, including those student organizations with
off-campus housing facilities.
(H) A statement of policy regarding the possession, use, and
sale of alcoholic beverages and enforcement of State underage
drinking laws and a statement of policy regarding the possession,
use, and sale of illegal drugs and enforcement of Federal and
State drug laws and a description of any drug or alcohol abuse
education programs as required under section 1011i of this title.
(I) A statement advising the campus community where law
enforcement agency information provided by a State under section
14071(j) of title 42, concerning registered sex offenders may be
obtained, such as the law enforcement office of the institution,
a local law enforcement agency with jurisdiction for the campus,
or a computer network address.
(2) Nothing in this subsection shall be construed to authorize
the Secretary to require particular policies, procedures, or
practices by institutions of higher education with respect to
campus crimes or campus security.
(3) Each institution participating in any program under this
subchapter and part C of subchapter I of chapter 34 of title 42
shall make timely reports to the campus community on crimes
considered to be a threat to other students and employees described
in paragraph (1)(F) that are reported to campus security or local
law police agencies. Such reports shall be provided to students and
employees in a manner that is timely and that will aid in the
prevention of similar occurrences.
(4)(A) Each institution participating in any program under this
subchapter and part C of subchapter I of chapter 34 of title 42
that maintains a police or security department of any kind shall
make, keep, and maintain a daily log, written in a form that can be
easily understood, recording all crimes reported to such police or
security department, including -
(i) the nature, date, time, and general location of each crime;
and
(ii) the disposition of the complaint, if known.
(B)(i) All entries that are required pursuant to this paragraph
shall, except where disclosure of such information is prohibited by
law or such disclosure would jeopardize the confidentiality of the
victim, be open to public inspection within two business days of
the initial report being made to the department or a campus
security authority.
(ii) If new information about an entry into a log becomes
available to a police or security department, then the new
information shall be recorded in the log not later than two
business days after the information becomes available to the police
or security department.
(iii) If there is clear and convincing evidence that the release
of such information would jeopardize an ongoing criminal
investigation or the safety of an individual, cause a suspect to
flee or evade detection, or result in the destruction of evidence,
such information may be withheld until that damage is no longer
likely to occur from the release of such information.
(5) On an annual basis, each institution participating in any
program under this subchapter and part C of subchapter I of chapter
34 of title 42 shall submit to the Secretary a copy of the
statistics required to be made available under paragraph (1)(F).
The Secretary shall -
(A) review such statistics and report to the Committee on
Education and the Workforce of the House of Representatives and
the Committee on Labor and Human Resources of the Senate on
campus crime statistics by September 1, 2000;
(B) make copies of the statistics submitted to the Secretary
available to the public; and
(C) in coordination with representatives of institutions of
higher education, identify exemplary campus security policies,
procedures, and practices and disseminate information concerning
those policies, procedures, and practices that have proven
effective in the reduction of campus crime.
(6)(A) In this subsection:
(i) The term "campus" means -
(I) any building or property owned or controlled by an
institution of higher education within the same reasonably
contiguous geographic area of the institution and used by the
institution in direct support of, or in a manner related to,
the institution's educational purposes, including residence
halls; and
(II) property within the same reasonably contiguous
geographic area of the institution that is owned by the
institution but controlled by another person, is used by
students, and supports institutional purposes (such as a food
or other retail vendor).
(ii) The term "noncampus building or property" means -
(I) any building or property owned or controlled by a student
organization recognized by the institution; and
(II) any building or property (other than a branch campus)
owned or controlled by an institution of higher education that
is used in direct support of, or in relation to, the
institution's educational purposes, is used by students, and is
not within the same reasonably contiguous geographic area of
the institution.
(iii) The term "public property" means all public property that
is within the same reasonably contiguous geographic area of the
institution, such as a sidewalk, a street, other thoroughfare, or
parking facility, and is adjacent to a facility owned or
controlled by the institution if the facility is used by the
institution in direct support of, or in a manner related to the
institution's educational purposes.
(B) In cases where branch campuses of an institution of higher
education, schools within an institution of higher education, or
administrative divisions within an institution are not within a
reasonably contiguous geographic area, such entities shall be
considered separate campuses for purposes of the reporting
requirements of this section.
(7) The statistics described in paragraph (1)(F) shall be
compiled in accordance with the definitions used in the uniform
crime reporting system of the Department of Justice, Federal Bureau
of Investigation, and the modifications in such definitions as
implemented pursuant to the Hate Crime Statistics Act. Such
statistics shall not identify victims of crimes or persons accused
of crimes.
(8)(A) Each institution of higher education participating in any
program under this subchapter and part C of subchapter I of chapter
34 of title 42 shall develop and distribute as part of the report
described in paragraph (1) a statement of policy regarding -
(i) such institution's campus sexual assault programs, which
shall be aimed at prevention of sex offenses; and
(ii) the procedures followed once a sex offense has occurred.
(B) The policy described in subparagraph (A) shall address the
following areas:
(i) Education programs to promote the awareness of rape,
acquaintance rape, and other sex offenses.
(ii) Possible sanctions to be imposed following the final
determination of an on-campus disciplinary procedure regarding
rape, acquaintance rape, or other sex offenses, forcible or
nonforcible.
(iii) Procedures students should follow if a sex offense
occurs, including who should be contacted, the importance of
preserving evidence as may be necessary to the proof of criminal
sexual assault, and to whom the alleged offense should be
reported.
(iv) Procedures for on-campus disciplinary action in cases of
alleged sexual assault, which shall include a clear statement
that -
(I) the accuser and the accused are entitled to the same
opportunities to have others present during a campus
disciplinary proceeding; and
(II) both the accuser and the accused shall be informed of
the outcome of any campus disciplinary proceeding brought
alleging a sexual assault.
(v) Informing students of their options to notify proper law
enforcement authorities, including on-campus and local police,
and the option to be assisted by campus authorities in notifying
such authorities, if the student so chooses.
(vi) Notification of students of existing counseling, mental
health or student services for victims of sexual assault, both on
campus and in the community.
(vii) Notification of students of options for, and available
assistance in, changing academic and living situations after an
alleged sexual assault incident, if so requested by the victim
and if such changes are reasonably available.
(C) Nothing in this paragraph shall be construed to confer a
private right of action upon any person to enforce the provisions
of this paragraph.
(9) The Secretary shall provide technical assistance in complying
with the provisions of this section to an institution of higher
education who requests such assistance.
(10) Nothing in this section shall be construed to require the
reporting or disclosure of privileged information.
(11) The Secretary shall report to the appropriate committees of
Congress each institution of higher education that the Secretary
determines is not in compliance with the reporting requirements of
this subsection.
(12) For purposes of reporting the statistics with respect to
crimes described in paragraph (1)(F), an institution of higher
education shall distinguish, by means of separate categories, any
criminal offenses that occur -
(A) on campus;
(B) in or on a noncampus building or property;
(C) on public property; and
(D) in dormitories or other residential facilities for students
on campus.
(13) Upon a determination pursuant to section 1094(c)(3)(B) of
this title that an institution of higher education has
substantially misrepresented the number, location, or nature of the
crimes required to be reported under this subsection, the Secretary
shall impose a civil penalty upon the institution in the same
amount and pursuant to the same procedures as a civil penalty is
imposed under section 1094(c)(3)(B) of this title.
(14)(A) Nothing in this subsection may be construed to -
(i) create a cause of action against any institution of higher
education or any employee of such an institution for any civil
liability; or
(ii) establish any standard of care.
(B) Notwithstanding any other provision of law, evidence
regarding compliance or noncompliance with this subsection shall
not be admissible as evidence in any proceeding of any court,
agency, board, or other entity, except with respect to an action to
enforce this subsection.
(15) This subsection may be cited as the "Jeanne Clery Disclosure
of Campus Security Policy and Campus Crime Statistics Act".
(g) Data required
(1) In general
Each coeducational institution of higher education that
participates in any program under this subchapter and part C of
subchapter I of chapter 34 of title 42, and has an
intercollegiate athletic program, shall annually, for the
immediately preceding academic year, prepare a report that
contains the following information regarding intercollegiate
athletics:
(A) The number of male and female full-time undergraduates
that attended the institution.
(B) A listing of the varsity teams that competed in
intercollegiate athletic competition and for each such team the
following data:
(i) The total number of participants, by team, as of the
day of the first scheduled contest for the team.
(ii) Total operating expenses attributable to such teams,
except that an institution may also report such expenses on a
per capita basis for each team and expenditures attributable
to closely related teams such as track and field or swimming
and diving, may be reported together, although such
combinations shall be reported separately for men's and
women's teams.
(iii) Whether the head coach is male or female and whether
the head coach is assigned to that team on a full-time or
part-time basis. Graduate assistants and volunteers who serve
as head coaches shall be considered to be head coaches for
the purposes of this clause.
(iv) The number of assistant coaches who are male and the
number of assistant coaches who are female for each team and
whether a particular coach is assigned to that team on a
full-time or part-time basis. Graduate assistants and
volunteers who serve as assistant coaches shall be considered
to be assistant coaches for the purposes of this clause.
(C) The total amount of money spent on athletically related
student aid, including the value of waivers of educational
expenses, separately for men's and women's teams overall.
(D) The ratio of athletically related student aid awarded
male athletes to athletically related student aid awarded
female athletes.
(E) The total amount of expenditures on recruiting,
separately for men's and women's teams overall.
(F) The total annual revenues generated across all men's
teams and across all women's teams, except that an institution
may also report such revenues by individual team.
(G) The average annual institutional salary of the head
coaches of men's teams, across all offered sports, and the
average annual institutional salary of the head coaches of
women's teams, across all offered sports.
(H) The average annual institutional salary of the assistant
coaches of men's teams, across all offered sports, and the
average annual institutional salary of the assistant coaches of
women's teams, across all offered sports.
(I)(i) The total revenues, and the revenues from football,
men's basketball, women's basketball, all other men's sports
combined and all other women's sports combined, derived by the
institution from the institution's intercollegiate athletics
activities.
(ii) For the purpose of clause (i), revenues from
intercollegiate athletics activities allocable to a sport shall
include (without limitation) gate receipts, broadcast revenues,
appearance guarantees and options, concessions, and
advertising, but revenues such as student activities fees or
alumni contributions not so allocable shall be included in the
calculation of total revenues only.
(J)(i) The total expenses, and the expenses attributable to
football, men's basketball, women's basketball, all other men's
sports combined, and all other women's sports combined, made by
the institution for the institution's intercollegiate athletics
activities.
(ii) For the purpose of clause (i), expenses for
intercollegiate athletics activities allocable to a sport shall
include (without limitation) grants-in-aid, salaries, travel,
equipment, and supplies, but expenses such as general and
administrative overhead not so allocable shall be included in
the calculation of total expenses only.
(2) Special rule
For the purposes of subparagraph (G),(!2) if a coach has
responsibilities for more than one team and the institution does
not allocate such coach's salary by team, the institution should
divide the salary by the number of teams for which the coach has
responsibility and allocate the salary among the teams on a basis
consistent with the coach's responsibilities for the different
teams.
(3) Disclosure of information to students and public
An institution of higher education described in paragraph (1)
shall make available to students and potential students, upon
request, and to the public, the information contained in the
report described in paragraph (1), except that all students shall
be informed of their right to request such information.
(4) Submission; report; information availability
(A) On an annual basis, each institution of higher education
described in paragraph (1) shall provide to the Secretary, within
15 days of the date that the institution makes available the
report under paragraph (1), the information contained in the
report.
(B) The Secretary shall prepare a report regarding the
information received under subparagraph (A) and submit such
report to the Committee on Education and the Workforce of the
House of Representatives and the Committee on Labor and Human
Resources of the Senate by April 1, 2000. The report shall -
(i) summarize the information and identify trends in the
information;
(ii) aggregate the information by divisions of the National
Collegiate Athletic Association; and
(iii) contain information on each individual institution of
higher education.
(C) The Secretary shall ensure that the reports described in
subparagraph (A) and the report to Congress described in
subparagraph (B) are made available to the public within a
reasonable period of time.
(D) Not later than 180 days after October 7, 1998, the
Secretary shall notify all secondary schools in all States
regarding the availability of the information reported under
subparagraph (B) and the information made available under
paragraph (1), and how such information may be accessed.
(5) "Operating expenses" defined
For the purposes of this subsection, the term "operating
expenses" means expenditures on lodging and meals,
transportation, officials, uniforms and equipment.
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