NASFAA Webinar Consumer Information - March 23, 2016 · Financial Aid Office Registrar Campus...

Consumer Information

March 23, 2016

© 2009–2016 by National Association of Student Financial Aid Administrators (NASFAA). All rights reserved.

NASFAA has prepared this document for use only by personnel, licensees, and members. The information contained herein is protected by copyright. No part of this document may be reproduced, translated, or transmitted in any form or by any means, electronically or mechanically, without prior written permission from NASFAA.

NASFAA SHALL NOT BE LIABLE FOR TECHNICAL OR EDITORIAL ERRORS OR OMISSIONS CONTAINED HEREIN; NOR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE FURNISHING, PERFORMANCE, OR USE OF THIS MATERIAL.

This publication contains material related to the federal student aid programs under Title IV of the Higher Education Act. While we believe that the information contained herein is accurate and factual, this publication has not been reviewed or approved by the U.S. Department of Education, the Department of Health and Human Services, or the Department of the Interior.

NASFAA reserves the right to revise this document and/or change product features or specifications without advance notice.

March 2016

© 2016 NASFAA i Consumer Information Webinar 3/23/2016

NASFAA Webinar Consumer Information

Table of Contents

Slides ................................................................................................................................................................ 1

Comprehensive List of Title I and Title IV Consumer Information and Disclosure Requirements ..................... 19

Consumer Information Disclosure Deadlines ................................................................................................... 41

Consumer Information and Disclosures Development Cycle ........................................................................... 45

Disclosure Requirement Compliance Worksheet ............................................................................................. 47

Formulating, Implementing, and Evaluating Consumer Information and Disclosures ....................................... 49

Consumer Information Disclosure Methods ..................................................................................................... 55

Campus Security and Fire Safety Resources .................................................................................................. 57

DCL GEN-15-15: Implementation of the VAWA Final Regulations – July 22, 2015 .......................................... 59

Glossary for Consumer Information ................................................................................................................. 63

References for Consumer Information ............................................................................................................. 73

Consumer Information Webinar 3/23/2016 ii © 2016 NASFAA

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NASFAA’s Webinar SeriesConsumer Information

Presented March 23, 2016

National Association of Student Financial Aid Administrators

NASFAA’s 2015–16 Webinar Series

Consumer InformationMarch 23, 2016

Slide 1 © 2016 NASFAA

NASFAA Staff

Amanda SharpOnline Instruction Manager

David TolmanInstructional Content Specialist

David FutrellKnowledgebase & AskRegs Manager

NASFAA Training and Regulatory Assistance


Panelists

Ashley HigginsManagement and Program Analyst, Office of

Postsecondary Education

David BartnickiFederal Training Officer, Federal Student Aid

U.S. Department of Education


© 2016 NASFAA 1 Consumer Information Webinar 3/23/2016



Help

HandoutMediaBio

Q &ASlides


Questions and Answers


Submit your questions

throughout the

broadcast.

Goals

• Discuss school responsibilities:

– Clery Act

– Violence Against Women Act

– Drug Free Schools and Communities Act

• Overlooked compliance concerns

• Best practices

• Q&A


Consumer Information Webinar 3/23/2016 2 © 2016 NASFAA



So Much To Do!

Who’s Going To Do It?



Institutional Offices With Responsibility

Financial Aid Office

Registrar

Campus Police

Student Health Services

Disability Services

Institutional Research

Office of Communications

Human Resources

Study Abroad Office

Student HousingAdministration

Legal Counsel

Provost

In-House Auditors

Information Technology Services

Athletics

Admissions

Counseling Center

Book Store

Bursar

Business Office

Ombudsman

Career Services

Veterans Services




Hot Topics!


What Financial Aid

Administrators Need

to Know About

Clery Act and VAWA


Crime Awareness and Campus Security Act of 1990

Higher Education Act of 1965, as amended

1992

1998

2000

2008

Renamed Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act)

Higher Education Opportunity Act





Clery Act

• Applies to participants in Title IV programs– Compliance begins on effective date of Program

Participation Agreement (PPA)

• Exemptions– Offer only distance education programs

(students only physical presence is forgraduation ceremonies)

– Foreign Institutions

(not U.S. institutions with a foreign campus)


Basic Clery Act Components

Maintain Crime Log

Maintain Fire Log

Collect Crime Reports from Campus Security Authorities

Request Crime Statistics from Local Law

Enforcement

Missing Student Identification and

Notification Procedures

Publish Annual Security Report

Publish AnnualFire Safety Report

Submit Crime and Fire Statistics to ED

Emergency Notification and Evacuation Procedures

Issue Warnings and Alerts

Did you know?

Crime statistics include reported crimes?

Annual security report must be distributed annually?

by October 1

A campus security authority includes• any individual responsible for campus safety in

any aspect? (parking lot, residence halls)• any person with significant responsibility for

student and campus activities?

exempts professional and pastoral counselors




Clery Act

• Compile

• Disclose

• Report

• *Alert

• References to:– *Policies and procedures

– Victim support

*Common areas of compliance issues


Violence Against Women Act of 1994(VAWA)

2000 Reauthorization



Department of Justice

Clery Act

Department of Education


1990 Clery Act

1992

1998

2000

2008

2013 Amended by VAWA





VAWA Changes to Clery ActAdditional Crimes:

• Dating Violence• Domestic Violence• Stalking

Policy Statements:• Dating Violence• Domestic Violence• Stalking

Policies on sexual assault, dating violence, domestic violence, and stalking must include descriptions of:

• Programs for new students and employees on prevention awareness;

• Bystander intervention training;• Ongoing prevention and awareness education programs;

and• Procedures for when an incident is reported; and• Prohibition on retaliation


VAWA Changes to Clery ActDefinitions and clarifications:

• Clery Geography – Area for which crime statistics must be reported. Includes:

• Campus property;

• Noncampus properties owned by the institutionoutside contiguous geographical area, frequentedby students and support institutional purposes;

• Noncampus properties owned or controlled bya student organization recognized by theinstitution, and;

• Any area within jurisdiction of campus security

VAWA Changes to Clery ActDefinitions and clarifications:

• Clarifies sexual assault terminology (consistent with Federal Bureau of Investigation [FBI]);

• Hate crimes include gender identity and perceivedgender as additional bias categories;

• Does not make any changes to existing institutional obligations under Title IX; and

• Institution must address how crime statistics are publically available without disclosing personally identifying information





VAWA Changes to Clery ActDisciplinary Hearings:

• Policy and procedures for disciplinary hearings but address specific areas;

• Officials must undergo annual training; and

• Accuser and accused have right to advisor of their choice


VAWA Changes to Clery ActAnnual Security Report issued by October 1, 2016 will be the first to include three calendar years under new crime categories and definitions


Panel DiscussionClery Act and VAWA





Drug and Alcohol Abuse

Prevention


Drug-Free Schools and Communities Act

• Public Law 101-226• Federal student aid requirements are derived

from the 1989 amendments to the Act• Schools must:

– Implement a drug and alcohol abuse preventionprogram

– Provide information to students, faculty, andemployees

– Provide a drug-free awareness program for itsemployees if school participates in Campus-BasedPrograms


Drug and Alcohol Abuse Prevention –Institutions Must:

Certify implementation of a program to prevent drug and alcohol abuse





Drug and Alcohol Abuse Prevention –Institutions Must:

Certify implementation of a program to prevent drug and alcohol abuse

Distribute annually certain information to students and employees

Conduct a review of the program every 2 years to determine:• Effectiveness• Needed changes• Consistency of disciplinary sanction enforcement• Provide review results upon request


Drug and Alcohol Abuse Prevention –Biennial Review Must Include:

Number of drug and alcohol-related violations and activities that occur on school campus or as a part of the school’s activities and that are reported; and

Number and type of sanctions imposed by school as a result of drug and alcohol-related violations and fatalities on school campus or as a part of the school’s activities


Information Distributed Annually:

Standards of conduct that clearly prohibit unlawful possession, use, or distribution of drugs and alcohol

Description of sanctions under state, local, and federal law

Description of available drug or alcohol counseling, treatment, or rehabilitation programs

Description of health risks associated with the use of illicit drugs and alcohol

Clear statement that institution will impose sanctions for violations of the standards of conduct and a description of sanctions.





Methods of Distribution:


Drug-Free Workplace –Campus-Based Schools

Establish a drug-free awareness program to provide information to employees

Distribute notice to employees of prohibited unlawful activities and actions resulting from employee violations

Notify ED and take appropriate action when it learns of an employee’s conviction under any criminal drug statute.

Applies to all offices and departments of a school that receives Campus-Based funds.


Panel DiscussionDrug and Alcohol Abuse Prevention





New Consumer Information Requirement

• End of future availability;• Repayment and forgiveness benefits available to

Direct Loan borrowers are not available to FederalPerkins Loan borrowers;

• Borrower’s option to consolidate into DirectConsolidation Loan, including any benefits providedby so doing;

Federal Perkins Loans (GEN-16-05):

Notice and explanation:



• Comparison of Direct and Perkins Loan interestrates; and

• The borrower has reached– Maximum annual borrowing limit for Direct Subsidized

Loans (current borrowers); or– Maximum annual borrowing limit for Direct Subsidized

and Unsubsidized Loans (new borrowers)

Federal Perkins Loans (GEN-16-05):

Notice and explanation:



• Applies to institutions that

– Contract with third party servicer to process TitleIV credit balances or to offer or market accountthat would receive Title IV balance (T1); or

– Arrange for a financial institution to offer ormarket accounts (T2)

Cash Management:






• September 1, 2016– Post contract to institution’s website

• July 1, 2017– List and identify features and fees associated with

financial account(s) offered under the arrangement– ED will provide template

• September 1, 2017– Post monetary and non-monetary benefits exchanged

under the contract– Post number of students with account(s)– Post mean and median fees paid for account(s)– ED will provide template

Cash Management:


Don’t Overlook These Requirements!

Required Title IV Policies and Procedures

Net Price Calculator

Copyright Infringement

Voter Registration

Annual FERPA Notification

Vaccinations Policy

Textbook Disclosures

Constitution Day Program

Panel DiscussionCompliance Concerns






Best PracticesWhat Are Your Colleagues Doing?


Best Practices: Consumer Information Coordinator

Works with all institutional departments

Coordinates timing of notices, reporting, and disclosures

Stays current on changing requirements





Best Practices: Central Website

Unofficial “three click” rule


NASFAA Resources

NASFAA Self-Evaluation Guide

NASFAA Policies & Procedures Tools

NASFAA How-To Guides

NASFAA Student Aid Index


Resources – EDhttp://www.ifap.ed.goInformationv/qahome/qaassessments/consumerinformation.html





Resources – EDConsumer Information Disclosures At-A-Glancehttp://ifap.ed.gov/qadocs/ConsumerModule/ConsumerInfoataGlance.doc


Panel DiscussionBest Practices


Questions?


Q & A




Survey!

• Please complete the survey thatappears on your screen

• The survey will automaticallylaunch after the webcast ends


NASFAA’s Webinar Series

Summer Aid IssuesApril 20, 2016


Thank you for joining us!



Comprehensive List of Title I and Title IV Consumer Information and Disclosure Requirements

Disclosure Sources When disclosure must be made

Disclosure Recipient

Disclosure Method(s) Comments

Academic programs, facilities, and instructional personnel

HEA 485(a)(1)(G), (N) 668.41(d)(2) 668.43(a)(5) 668.231(a), Comprehensive transition and postsecondary program 2015–16 FSA Handbook, pp. 2-111 to 2-112

Information must be readily available

Enrolled and prospective students

Paper or electronic See the discussion regarding making information available in the Federal Register, 8/21/09, p. 42395.

Accreditation and licensing of the institution

HEA 485(a)(1)(J) 668.43(a)(6),(b) 2015–16 FSA Handbook, p. 2-112



Paper or electronic The information must include contact information for filing complaints about the institution. See the discussion regarding making information available in the Federal Register, 8/21/09, p. 42395.

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Annual fire safety report

HEA 485(a)(1)(T),(i) 668.41(c)(2),(e) 668.49(a)-(c) 2015–16 FSA Handbook, pp. 2-117, 2-119 to 2-120

Enrolled students and current employees: Annually by October 1 Prospective students and employees: Upon request Department of Education (ED): Date specified in ED letter to institution’s president or chief executive officer

Enrolled and prospective students, current and prospective employees, and ED

Enrolled students and current employees: Publication provided through U.S. Postal Service, campus mail, or email; intranet or Internet posting if notice of the report’s availability includes the exact website address, a brief description of report, and a statement that institution will provide paper copy upon request Prospective students and employees: Notice of the report’s availability including a brief description of the report; if the report is posted to the Internet, the notice must include the exact website address and a statement that institution will provide a paper copy upon request ED: Online Campus Safety and Security Survey

The requirement applies if the institution has any on-campus student housing facility. The institution may publish the fire safety report concurrently with the annual security report if the combined report title clearly states it contains both reports. If the reports are published separately, each report must include information about how to access the other report.

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Annual security report

HEA 485(a)(1)(O) HEA 485 (f)(1),(5)-(10),(12)-(14),(17) 668.41(c)(2),(e) 668.46(b)-(d),(g),(h),(j),(k) Appendix A to Subpart D of Part 668 GEN-15-15 2015–16 FSA Handbook, pp. 2-116 to 2-120

Enrolled students and current employees: Annually by October 1 Prospective students and employees: Upon request ED: Date ED specifies in annual letter to institution’s president or chief executive officer

Enrolled and prospective students, current and prospective employees, and ED

Enrolled students and current employees: Publication provided through U.S. Postal Service, campus mail, or email; intranet or Internet posting if notice of report’s availability includes the exact website address, a brief description of the report, and a statement that institution will provide paper copy upon request Prospective students and employees: Notice of the report’s availability including a brief description of report; if the report is posted to the Internet, notice must include the exact website address and a statement that institution will provide a paper copy upon request ED: Online Campus Safety and Security Survey

Report requirements were most recently modified by Public Law (P.L.) 113-4 [Violence Against Women Reauthorization Act (VAWA) of 2013]. Implementation of changes to the report’s statistical information will be phased in; see Federal Register, 10/20/14, pp. 62753 to 62754. The institution may publish the annual security report concurrently with the fire safety report if the combined report title clearly states it contains both reports. If the reports are published separately, each report must include information about how to access the other report.

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Available financial aid

HEA 485(a)(1)(A)-(C) 668.41(d)(1) 668.42(a),(b) 2015–16 FSA Handbook, pp. 2-110 to 2-111



Paper or electronic For each available financial aid program, required information includes application procedures, eligibility requirements, and awarding criteria. See the discussion regarding making information available in the Federal Register, 8/21/09, p. 42395.

Code of conduct if participate in Title IV loan program

HEA 487(a)(25),(e) 601.21 668.14(b)(27) 2015–16 FSA Handbook, p. 2-43

Annually All institutional employees and officer’s with Title IV loan responsibilities

On website and (paper or electronic) notification to individuals with Title IV loan responsibilities

If the institution participates in a preferred lender arrangement, the institution may develop a single code of conduct that meets the requirements of both 601.21 and 668.14(b)(27).

Code of conduct if preferred lender arrangement

HEA 153(c)(3) HEA 487(a)(25),(e) 601.2 601.21

Annually All employees and officers of the institution and of institution-affiliated organization(s) with responsibilities with respect to private education loans

On (institution’s and institution-affiliated organization’s) website and (paper or electronic) notification to individuals with responsibilities with respect to private education loans

If the institution participates in a Title IV loan program, the institution may develop a single code of conduct that meets the requirements of both 601.21 and 668.14(b)(27).

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Completion or graduation rate, retention rate, and transfer-out rate of full-time undergraduates

HEA 485(a)(1)(L),(3)-(7) 668.41(d)(4) 668.45 2015–16 FSA Handbook, p. 2-114

Enrolled students: Information must be readily available Prospective students: Must make information available prior to enrolling or entering into any financial obligation with the institution ED: By July 1 immediately following the 12-month period ending 8/31 during which 150 percent of the normal time for completion or graduation has elapsed for all students in the cohort

Enrolled and prospective students and ED

Enrolled and prospective students: Paper or electronic ED: Integrated Postsecondary Education Data System (IPEDS) graduation rate survey

The transfer-out rate is required if the institution’s mission includes providing substantial preparation for students to enroll in another institution. See the discussion regarding making information available in the Federal Register, 8/21/09, p. 42395.

Consortium and contractual agreement information

HEA 485(a)(1)(G) 668.43(a)(12) 2015–16 FSA Handbook, p. 2-111


Enrolled and prospective students in an academic program where a portion of the program is offered by another entity by design


Copyright and peer-to-peer file sharing issues

HEA 485(a)(1)(P) 668.43(a)(10) 2015–16 FSA Handbook, p. 2-113




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Cost of attending the institution

HEA 485(a)(1)(E) 668.43(a)(1) 2015–16 FSA Handbook, pp. 2-111 to 2-112




Course schedule information

HEA 133(e) GEN-10-09 2015–16 FSA Handbook, p. 2-126

Upon request Bookstore operated by, in a contractual relationship with, or otherwise affiliated with the institution

Paper or electronic ED may not regulate HEA 133.

Crime log HEA 485(f)(4) 668.46(f) 2015–16 FSA Handbook, pp. 2-116 to 2-117

Portion of log for most recent 60-day period: Upon request during normal business hours Portion of log older than 60 days: Within 2 business days of request

Anyone regardless of whether associated with the institution

Paper or electronic The requirement applies if the institution maintains campus police or campus security department.

Direct Loan (Federal Direct Student Loan) model disclosure form

HEA 154 601.30

When providing information about a private education loan; otherwise must make available upon request

Enrolled and prospective students and their families

ED-developed model form

The requirement applies if the institution participates in the Direct Loan Program.

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Diversity of student body

HEA 485(a)(1)(Q) 668.45(a)(6)

Upon request Enrolled and prospective students

Paper or electronic The required information is part of institution’s completion or graduation rate information. See Completion or graduation rate, retention rate, and transfer-out rate of full-time undergraduates.

Drug and alcohol abuse prevention program information

HEA 120(a)(1),(b) 86.100(a) 86.103(a) 2015–16 FSA Handbook, pp. 2-122 to 2-123

Enrolled students and employees: Annually ED and public: Upon request

Enrolled students, employees, ED, and the public

Paper or electronic

Drug-free workplace statement

84.200(a)(1) 84.205 84.210 2015–16 FSA Handbook, p. 2-124

Annually Employees Paper or electronic The requirement applies if the institution participates in any campus-based program.

Emergency notification

HEA 485(f)(1)(J)(i),(ii) 668.46(e)(3),(g) 2015–16 FSA Handbook, pp. 2-121 to 2-122

If immediate threat to the health or safety of students or employees occurring on campus and without delay unless, in the judgment of responsible authorities, compromises efforts to assist a victim or contain, respond to, or otherwise mitigate the emergency

Campus community

Any method or combination of methods that alerts the campus community without delay and takes into account the safety of the community

The requirement applies if the institution provides any on-campus student housing facility and to wider range of threats than timely warnings (e.g., gas leak, highly contagious virus, hurricane, etc.)

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Emergency notification (cont’d)

Must provide adequate follow-up information as needed

Entrance Counseling-Direct Loans

HEA 485(l) 685.304(a) 2015–16 FSA Handbook, pp. 2-126 to 2-131

Prior to first disbursement of loan proceeds

All “first-time” borrowers of Direct Subsidized Loan or Direct Unsubsidized Loan and all “first-time” graduate PLUS borrowers

In person, online, or interactive electronic means If enrolled in correspondence or study abroad program, may use paper

First time Direct Subsidized Loan or Direct Unsubsidized Loan borrower is a student who has not received a prior Direct Subsidized Loan, Direct Unsubsidized Loan, Federal Stafford Loan, or Federal SLS. First-time graduate PLUS borrower is a student who has not received a prior Direct PLUS or Federal PLUS. See the 2015–16 FSA Handbook, p. 2-130 regarding ED-provided Direct Loan counseling.

Exit counseling-Title IV loan programs

HEA 485(b) 674.42(a),(b) 682.604(a) 685.304(b) 2015–16 FSA Handbook, pp. 2-127 to 2-131

Shortly before the borrower ceases at least half-time enrollment or within 30 days of learning the borrower left school or failed to complete exit counseling as required If enrolled in correspondence or study abroad program, within 30 days of completing the program

All student borrowers of a loan made under the Federal Perkins Loan, Direct Loan, or Federal Family Education Loan (FFEL) programs

In person, audiovisual presentation, or interactive electronic means If enrolled in correspondence or study abroad program or otherwise fails to complete exit counseling, may use paper

See the 2015–16 FSA Handbook, p. 2-130 regarding ED-provided Direct Loan counseling.

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Federal Perkins Loan

674.16(a) GEN-16-05

Prior to first disbursement of a Federal Perkins Loan

Federal Perkins Loan Borrowers

Paper or electronic GEN-16-05 lists additional pre-disbursement disclosures required by the Federal Perkins Loan Program Extension Act of 2015.

FERPA rights 99.4 99.5 99.7 2015–16 FSA Handbook, pp. 2-146 to 2-150

Annually Parents of students currently in attendance or eligible students currently in attendance

Paper or electronic

Fire log HEA 485(i)(3) 668.49(a),(d) 2015–16 FSA Handbook, p. 2-117

Portion of log for most recent 60-day period: Upon request during normal business hours Portion of log older than 60 days: Within 2 business days of request

Anyone regardless of whether associated with the institution

Paper or electronic The requirement applies if the institution has any on-campus student housing facility.

Foreign gifts or contracts worth more than $250,000 within a calendar year

HEA 117 GEN-04-11 2015–16 FSA Handbook, pp. 2-136 to 2-137

Report to ED by the earlier of 1/31 or 7/31 after the receipt of the gift(s) or the contract date; must make report available for public inspection and copying during business hours

ED and the public

ED: E-App Public: Copy of disclosure report

If comparable state or federal Executive Branch reporting requirement exists, alternative reporting is permitted; see the 2015–16 FSA Handbook, p. 2-137.

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Gainful employment program disclosure information

668.6(b) 668.412 2015–16 FSA Handbook, pp. 2-115 to 2-116

Annually Prospective students and ED

Prospective students: Promotional materials made available to prospective students and in open format on home page of institution’s website ED: GE Disclosure Template

An open format is one that is platform-independent, machine readable, and available to the public without restrictions that would impede the reuse of that information Final rules published 10/31/14 in the Federal Register modified the disclosures schools must provide annually. Under the new provisions, ED annually will publish a Federal Reregister Notice detailing the required gainful employment program disclosures and the required disclosure form. Until 1/1/17, institutions must comply with the disclosure provisions in 668.6(b). Disclosure provisions in 668.412 become effective 1/1/17.

Graduate or professional education in which graduates from institution’s 4-year degree programs enroll

HEA 485(a)(1)(S) 668.41(d)(6) 2015–16 FSA Handbook, p. 2-114




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Lender assistance in preparing or providing educational counseling, financial literacy, or debt management materials

HEA 487(e)(6)(B)(ii) 601.2 601.21(c)(6)(ii)

At time educational counseling, financial literacy, or debt materials provided

Education loan borrowers

On educational counseling, financial literacy, and debt materials

Missing student notification

HEA 485(j)(1) 668.46(h)(2) 2015–16 FSA Handbook, pp. 2-120 to 2-121

Within 24 hours of determination student is missing

Contact person if one designated, missing student’s custodial parent or guardian if student is under 18 years old and not emancipated, and local law enforcement agency with jurisdiction in the area

Any method that directly provides the required notification within the 24-hour time frame

This requirement applies if the institution has any on-campus student housing facility. See the discussion of missing student notification procedures in the Federal Register, 10/29/09, pp. 55912 to 55913.

Net Price Calculator HEA 132(h) GEN-13-07 2015–16 FSA Handbook, p. 2-112

On-going Enrolled and prospective students, their families, and other consumers

Website This requirement applies if the institution enrolls full-time, first-time degree- or certificate-seeking undergraduate students.

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Notice to victims of dating violence, domestic violence, sexual assault, or stalking of their rights and options

HEA 485(f)(8)(C) 668.46(b)(11)(ii)-(vii) GEN-15-15 2015–16 FSA Handbook, p. 2-118

Upon notification that student or employee was a victim of dating violence, domestic violence, sexual assault, or stalking

Student or employee who is a victim of dating violence, domestic violence, sexual assault, or stalking

Written notification Requirement added by P.L. 113-4.

Notice to enrolled students of the availability of consumer information

HEA 485(a)(1)(H),(c) 668.41(a),(c) 2015–16 FSA Handbook, p. 2-109

Annually Enrolled students

Direct mailing through U.S. Postal Service, campus mail, or email

Official withdrawal procedures

HEA 485(a)(1)(F) 668.43(a)(3) 2015–16 FSA Handbook, p. 2-112




Outcome of institutional disciplinary proceedings against alleged perpetrator of dating violence, domestic violence, sexual assault, or stalking

HEA 485(f)(8)(B)(iv)(III) 668.46(k)(2)(v) 2015–16 FSA Handbook, p. 2-118

After any initial, interim, and final decision by any official or entity authorized to resolve disciplinary matters within the institution

The accused and accuser

Written simultaneous notification to both the accused and the accuser

Requirement modified by P.L. 113-4.Guidance on what constitutes “written simultaneous notification” to be included in ED’s updated Handbook for Campus Safety and Security Reporting.

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Penalties for Drug Violations

HEA 484(r) HEA 485(k) 2015–16 FSA Handbook, p. 2-123

Upon enrollment Enrolled students

Paper or electronic If a student loses eligibility due to conviction for drug-related offense, the institution must inform the student of ways he or she may regain eligibility.

Personnel responsible for providing consumer information

HEA 485(a)(1)(H),(c) 668.43(a)(8) 668.44 2015–16 FSA Handbook, pp. 2-110, 2-113




Placement and types of employment obtained by degree- or certificate-program graduates

HEA 485(a)(1)(R) 668.41(d)(5) 2015–16 FSA Handbook, p. 2-114



Paper or electronic See the discussion regarding making information available in the Federal Register, 8/21/09, p. 42395.The institution must identify the source(s) of the information and must disclose any placement rate the institution calculates.

Placement rate information if rate used to attract students

HEA 487(a)(8) 668.14(b)(10)

Before or at time of application for enrollment

Prospective students

Paper or electronic The disclosure includes the most recent available data concerning employment and graduation statistics, and relevant state licensing requirements.

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Preferred lender arrangement annual report

HEA 153(c)(2) 601.2 601.20

ED: See Comments Others: Upon request

ED, enrolled and prospective students and their families, the public

See Comments Applies to institutions with a preferred lender arrangement. At the time these materials were finalized, ED had not determined the report’s format and due date.

Preferred lender list and disclosures

HEA 487(a)(27), (h)(1)(A)-(C) 601.2 601.10(d) 668.14(b)(28) 2015–16 FSA Handbook, pp. 2-131 to 2-135

For any year in which a preferred lender arrangement exists with a private education loan lender, must annually compile and make available

Enrolled students and their families

List may be paper or electronic; disclosures must be part of preferred lender list

Applies to schools with a preferred lender list. See the Federal Register, 10/28/09, p. 55630 for discussion of preferred lender lists.

Private education loan disclosures if preferred lender arrangement exists

HEA 153(c)(1) 601.2 601.10(a)(2),(b),(c) 2015–16 FSA Handbook, pp. 2-133, 2-135

Annually so students or their families can take the information into account before selecting a lender or applying for an education loan (see also Federal Register, 7/28/09, p. 37439)

Enrolled or prospective students and their families

On website and in all information materials that discuss education loans distributed to enrolled or prospective students or their families Information materials may include a link to a website containing the disclosures if they also identify the institutional contact for requesting a print copy of the disclosures

Information materials are publications, mailings, or electronic messages.

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Private education loan disclosures if provide information about a private education loan from a lender to a prospective borrower

HEA 152(a)(1)(B) 601.2 601.11 2015–16 FSA Handbook, pp. 2-131 to 2-132

When providing private education loan information from a lender so borrower can take the information into account before selecting a lender or applying for a private education loan

Prospective private education loan borrower

Paper or electronic The requirement applies regardless of whether a preferred lender arrangement exists.

Program on the U.S. Constitution

P.L. 108-447, Sec.111Federal Register, 5/24/05, p. 29727

Annually on September 17 (i.e., Constitution Day, commemorating the signing of the U.S. Constitution on September 17, 1787)

Enrolled students

Not specified When Constitution Day falls on the weekend or holiday, program should be held during the preceding or following week.

Programs to prevent dating violence, domestic violence, sexual assault, and stalking

HEA 485(f)(8)(A)(i) 668.46(b)(11),(j) GEN-15-15

See Annual security report



Required part of annual security report. Disclosure modified by P.L. 113-4.

Refund policies HEA 485(a)(1)(F) 668.43(a)(2) 2015–16 FSA Handbook, p. 2-112




Registered sex offenders information

HEA 485(f)(1)(I) 668.46(b)(12)




Required part of annual security report

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Reimbursements for service on advisory boards

HEA 485(m) 2015–16 FSA Handbook, pp. 2-43 to 2-44

Annually ED Report

Report on athletic program participation rates and financial support data

HEA 485(e),(g) 668.41(c)(1),(g) 668.47 2015–16 FSA Handbook, pp. 2-124 to 2-126

Report must be made available annually no later than 10/15 Enrolled and prospective students and the public: Upon request ED: Within 15 days of making report available to enrolled and prospective students and the public

Enrolled and prospective students, the public, and ED

Enrolled students: Publication provided through U.S. Postal Service, campus mail, or email; intranet or Internet posting if notice to individual of the report’s availability includes the exact website address, a brief description of the report, and a statement that institution will provide paper copy upon request Prospective students: Notice of report’s availability including a brief description of the report; if report posted to the Internet, notice must include the exact website address and a statement that institution will provide a paper copy upon request

The requirement applies if the institution is a co-educational institution and has an intercollegiate athletic program. See the discussion regarding making information available in the Federal Register, 8/21/09, p. 42395.

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Report on athletic program participation rates and financial support data (cont’d)

Public: Paper or electronic ED: Equity in Athletics Disclosure Act (EADA) website

Report on completion or graduation rate and transfer-out rate of student athletes

HEA 485(e) 668.41(f) 668.48 2015–16 FSA Handbook, pp. 2-125 to 2-126

Prospective student-athletes and their parents, high school coach, high school guidance counselor: When offer athletically-related financial aid unless disclosure waiver applies based on institution’s membership in national collegiate athletic association ED: Annually by 7/1

ED, prospective student-athletes, and the student’s parents, high school coach, high school guidance counselor

Prospective student-athletes and their parents, high school coach, high school guidance counselor: Paper or electronic ED: IPEDS web survey

The requirement applies if the institution awards athletically related financial aid. The transfer-out rate is required if the institution’s mission includes providing substantial preparation for students to enroll in another institution.

Retention rate reported to IPEDS

HEA 485(a)(1)(U) 668.41(d)(3) 2015–16 FSA Handbook, p. 2-114

Enrolled students: Information must be readily available Prospective students: Must make information available prior to enrolling or entering into any financial obligation with the institution



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Return of Title IV requirements

HEA 485(a)(1)(F) 668.43(a)(4) 2015–16 FSA Handbook, pp. 2-112, 5-6 to 5-7, 5-116 to 5-117




Rights and responsibilities of financial aid recipients

HEA485(a)(1)(D), (K),(M) 668.42(c) 2015–16 FSA Handbook, p. 2-111



Paper or electronic The disclosure includes information regarding continued eligibility, disbursements, loans, and employment. See the discussion regarding making information available in the Federal Register, 8/21/09, p. 42395.

Services and facilities for students with disabilities

HEA 485(a)(1)(I) 668.43(a)(7) 668.231(b) 2015–16 FSA Handbook, p. 2-112

Information must be readily available.



State grant assistance

HEA 487(a)(9) 668.14(b)(11)

Timely so borrower can apply for avail state aid

All enrolled eligible student borrowers

Paper or electronic The requirement applies if the institution participates in the Direct Loan Program.

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Teacher Education Assistance for College and Higher Education (TEACH) Grant exit counseling

686.32(c) 2015–16 FSA Handbook, p. 2-130

Shortly before student ceases attendance or within 30 days of learning student has left school, withdrawn from a TEACH Grant-eligible program, or failed to complete exit counseling If enrolled in correspondence or study abroad program, within 30 days of completing the TEACH-Grant eligible program

TEACH Grant recipients

In person, audiovisual presentation, or interactive electronic means If enrolled in correspondence or study abroad program or otherwise fails to complete exit counseling, may use paper

ED-provided TEACH Grant exit counseling is available via National Student Loan Data System (NSLDS) Student Access website.

TEACH Grant initial counseling

686.32(a) 2015–16 FSA Handbook, pp. 2-130, 3-83, 4-27

Prior to first disbursement of first TEACH Grant

First-time TEACH Grant recipients


See the 2015–16 FSA Handbook, p. 2-130 regarding ED-provided online TEACH Grant initial counseling.

TEACH Grant subsequent counseling

686.32(b) 2015–16 FSA Handbook, pp. 3-83, 4-27

Prior to first disbursement of each subsequent TEACH Grant

Prior TEACH Grant recipients


See the 2015–16 FSA Handbook, p. 2-130 regarding ED-provided online TEACH Grant subsequent counseling.

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Textbook cost savings programs

HEA 133(f) 2015–16 FSA Handbook, p. 2-126

See Comments Enrolled students

See Comments Institution is encouraged, not required, to disseminate information

Textbook pricing information

HEA 133(d) GEN-10-09 2015–16 FSA Handbook, p. 2-126

Each academic period Enrolled students

Institution’s online course scheduler or other website linked to online scheduler

ED may not regulate HEA 133.

Timely warning and emergency notification

HEA 485(f)(1)(J)(i),(3) 668.46(e) 2015–16 FSA Handbook, pp. 2-118, 2-121 to 2-122

Occurrence of crime reported to campus security authorities or local police agencies that institution considers to represent a threat to students and employees

Campus community

Any method or combination of methods that quickly alerts the campus community

If the situation is one for which the institution follows its emergency notification procedures, a timely warning is not required.

Title IV credit arrangements

Federal Register, 10/30/15, pp. 67126 to 67201

Prior to disbursement for disclosures to students regarding options for having an account; annually posted for general disclosures including posting contract(s) and information regarding the arrangement(s)

Title IV recipients; Enrolled and prospective students; ED

Website, some information must be disclosed in a template to be provided by ED

Applies to institutions that have a T1 or T2 arrangement for servicing, marketing, offering, or opening a student account to which Title IV funds are disbursed. Implementation is phased in starting 7/1/16.

Title IV eligibility for study abroad

HEA 485(a)(1)(G), (N) 668.41(d)(2) 668.43(a)(9) 2015–16 FSA Handbook, p. 2-112




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Transfer credit policies

HEA 485(h) 668.43(a)(11) 2015–16 FSA Handbook, p. 2-112




Vaccination policies

HEA 485(a)(1)(V) 2015–16 FSA Handbook, p. 2-112

Upon request Enrolled and prospective students

Paper or electronic

Verification requirements

668.53(b) 2015–16 FSA Handbook, pp. AVG-75, 2-110

Timely so applicant can complete verification by verification deadline

Applicants selected for verification

Paper or electronic

Voter registration forms

668.14(d) GEN-13-17 2015–16 FSA Handbook, p. 2-138

Within 120 prior to the deadline for registering to vote within the state for general and special elections for federal office and elections of governors and other state chief executives

Enrolled students

Paper or electronic Non-Title IV eligible students: Forms must be widely available Title IV eligible students physically: Direct distribution

Requirement does not apply if the institution is located in a state which has implemented the “motor voter” provisions of the National Voter Registration Act of 1993 [42 U.S.C. 1973 gg-2(b)], Puerto Rico, Guam, the Virgin Islands, or American Samoa.

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Consumer Information Disclosure Deadlines The following chart details when schools must make the various consumer information disclosures to intended audiences. It also notes deadlines for submitting reports or information to the Department of Education (ED). Additional information is provided in the Comments column.

Disclosure Intended Audience(s)

Disclosure Deadline

ED Reporting Deadline Comments

Notice to Enrolled Students

• Enrolledstudents

Annual N/A • Disclosure deadline not specified inregulation; determined by theinstitution

• Umbrella disclosure notifyingenrolled students of the availabilityof consumer information

Completion or Graduation Rate


• Prospectivestudents

N/A Annual • Provide to enrolled students uponrequest

• Provide to prospective students priorto enrollment or entering into afinancial obligation with theinstitution

• Report to ED within time framespecified by IntegratedPostsecondary Education DataSystem (IPEDS) for reportingcompletion or graduation rates

Completion or Graduation Rates of Undergraduate Student Athletes


• Prospectivestudentathletes andtheir parents,high schoolcoaches, andguidancecounselors

N/A Annually by 7/1 immediately following date that 150% of normal time for cohort’s completion or graduation has elapsed

• Provide to enrolled students uponrequest

• Provide to prospective studentsathletes and their parents, highschool coaches, and guidancecounselors upon offer of athletic-related aid

• Report to ED through IPEDSwebsite

Report on Athletic Program Participation Rates and Financial Support Data



• Generalpublic

Annually by 10/15

Within 15 days of date report is made available to current and prospective students and public

• Provide to enrolled students,prospective students, and the publicupon request

• Report to ED through online Equityin Athletics Disclosure Act (EADA)Survey

Campus Security Report


• Currentemployees


• Prospectiveemployees

Annually by 10/1

Specified by ED • Provide to prospective students andemployees upon request

• May be combine with fire safetyreport under certain conditions

• Report to ED through OnlineCampus Security and Safety survey

• Not applicable to foreign schools



Disclosure Deadline


Fire Safety Report




• Prospectiveemployees

Annually by 10/1

Specified by ED • Provide to prospective students andemployees upon request

• May be combined with campussecurity report under certainconditions

• Report to ED through OnlineCampus Security and Safety survey

• Required only if school provides on-campus student housing

Fire Log • Generalpublic

N/A N/A • Daily log available for inspection forup to 60 days If over 60 days, must make

available within 2 business daysof request

• Required only if school provides on-campus student housing

Financial Assistance Information

• Currentstudents


Annually N/A • Disclosure deadline not specified inregulation; determined by theinstitution

Institutional Information

• Currentstudents



Job Placement Rate Information


At or before the time of application for enrollment

N/A • Information should be readilyavailable on institution’s website orin printed material

Gainful Employment Disclosures



• Use ED-provided disclosure form

FERPA • Currentstudents andtheir parents


Campus Security Crime Log

• Generalpublic

N/A N/A • Daily log available for inspection forup to 60 days If over 60 days, must make

available within 2 business daysof request

• Required only if school maintainscampus police or securitydepartment



Disclosure Deadline


Campus Security Timely Warnings

• CampusCommunity

Timely N/A • Should be provided in mannerappropriate to prevent occurrence ofsimilar crimes and to protectpersonal safety of students andemployees

Penalties for Drug Violations

• Currentstudents

Upon enrollment

N/A • Current students convicted ofcertain drug offenses while enrolledand receiving Title IV funds: In atimely manner after loss of eligibility

Drug-Free Workplace



Title IV Credit Balance Arrangements

• Enrolled andprospectivestudents

Annually Specified by ED • T1 and T2 contracts must be postedby September 1, 2016 for initialposting.

• T1 and T2 contracts must be postedwithin 60 days of end of award yearfor subsequent postings

• Information regarding arrangementsmust be disclosed by September 1,2017 for initial disclosure

• Information regarding arrangementsmust be disclosed within 60 days ofend of award year for subsequentdisclosures


Consumer Information and Disclosures Development Cycle

♦ Identify authority for new disclosures or those that need to be updated;

♦ Identify target audience; ♦ Identify and assign responsible

office; ♦ Select development team; ♦ Agree upon an implementation

date; ♦ Draft and review disclosure; ♦ Identify method of disclosure; ♦ Identify existing and/or

conflicting publications that must be updated; and

♦ Ensure the disclosure conforms to the institution’s mission and philosophy to the extent possible; and

♦ Discuss possible political implications and develop a strategy to address issues and concerns that may arise.

Develop/Update Content

Evaluate

Implement

Trigger: Annual evaluation or a change in: ♦ Law; ♦ Regulations, ♦ Sub-regulatory

guidance; and/or

♦ Institutional policies and procedures.

♦ Confirm that content is complete and accurate;

♦ Get buy-in from all affected parties;

♦ Inform all affected parties including the campus community;

♦ Choose the most appropriate time and method for implementation;

♦ Develop a feedback mechanism for each disclosure;

♦ Provide the disclosure to the target population; and

♦ Document that disclosure was provided.

♦ Identify individuals or groups to provide feedback;

♦ Establish desired outcome(s), feedback method(s), and timeline(s);

♦ Identify assessment measures;

♦ Confirm validity of authority and need for disclosure requirements; and

♦ Determine if content, timing, and method are appropriate for target audience.


Disclosure Requirement Compliance Worksheet

Required Disclosure:

Target Date for Implementation:

Requirement Parameters Action

1. When must the disclosure be made or the information made available?

2. What information and data are needed to prepare the disclosure?

3. Which institutional office(s) have information and data needed for the disclosure? Identify all offices having data and

information needed for the disclosure.

4. How are the information and data collected?

5. If data must be processed, who is responsible for processing it?

6. Is there a required disclosure format, and if so, what is it?

7. If no specific disclosure format is required, what format will be used to disclose the information?

8. Who is responsible for reviewing the information and data and preparing the final disclosure?

9. Who is responsible for reviewing the disclosure to ensure it meets federal requirements with respect to content, format, dissemination, and the deadline for disclosure?

10. Who is responsible for disseminating the disclosure or making it available?


Formulating, Implementing, and Evaluating Consumer Information and Disclosures

The steps necessary to formulate, implement, and evaluate disclosures do not occur in a vacuum. The steps in each part of the process are interdependency on steps in other parts of the process. The steps listed in the three phases of the process below provide a framework that can be used as a starting point to customize your school’s consumer information and disclosure development cycle. Formulating Consumer Information and Disclosures Listed below are questions that should be taken into consideration when developing or updating the content of consumer information and disclosures. Your answers to these questions will provide you with a starting point for developing new disclosures, as well as updating existing ones. 1. What is the authority for the disclosure?

Being prepared to show why a disclosure is needed is a proactive way to get institutional buy-in as well as intra-office and inter-office cooperation.

2. To whom must the disclosure be made available (e.g., prospective students and families, current students, employees)? To ensure compliance with the applicable law and regulations and avoid confusion, disclosures that affect certain categories of individuals must be clearly identified and complete and accurate information must be communicated to the target population.

3. What office or personnel on campus will be involved in developing the disclosure and will support and approval from upper-level administration be required if other offices should be involved in developing the disclosures? Compliance with Title IV regulations is an institution-wide responsibility. Because information needed to develop consumer information and disclosures may reside in offices outside the financial aid office, the involvement of those offices is critical in ensuring the development of complete and accurate consumer information and disclosures. Enlisting the cooperation of these offices may require obtaining the support and approval of higher-level administration. The more involved affected offices are in the development process, the more likely they are to understand the reason for the disclosure. Knowing who will have the bulk of the work and responsibility will help ensure adequate staff and resources are assigned. In addition, sharing ownership by inviting participation may create goodwill among campus offices.

4. When will the tasks associated with implementation need to be performed? Identifying the point in the workflow when each task must be accomplished is necessary to meet disclosure deadlines and avoid unmanageable workloads or bottlenecks.

5. What options, if any, does the institution have in providing the required consumer information or disclosure? For most consumer information and disclosures, the law and regulations allow the institution to choose how it will make the information available and/or provide it to the intended recipient. When the institution has this option, it should determine which method(s) it will use. To facilitate the development of the content, this decision should be made before creating consumer information and disclosures.


6. Are there existing publications or sources of information that support or conflict with the required disclosure? To avoid duplication of efforts, existing printed and electronic publications, and other sources of information that can be used to fulfill or supplement the disclosure requirements should be identified. Existing printed and electronic publications, and other sources of information that would directly contradict the required disclosure should be identified, and either modified or eliminated.

7. How can the disclosure be crafted to conform to the institution’s mission and philosophy? Consumer information disclosures can be a good marketing tool. When possible, they should support the mission, goals, objectives, and philosophy of the institution. While some disclosures are strictly governed by law and regulations and must be implemented as prescribed, wherever there is leeway, they should not conflict with the school’s overall mission, philosophy, or marketing strategy.

8. Are there any sensitive political issues that might arise because of the disclosure? The nature and scope of disclosures may have political implications on campus. Understanding the history and culture of the institution will help identify where a disclosure might conflict with other campus goals, objectives, and needs. If there is a conflict, the school must address it. This may require changing institutional policies and/or practices. Identifying this in advance of making the disclosure will allow the institution to be proactive in warding off negative publicity and help create goodwill on campus.

Implementing Consumer Information and Disclosures After the content of a disclosure has been developed, the next step is implementation. Your answers to these questions will help to ensure required consumer information and disclosures are made available and/or are directly provided to those intended to receive the information when required and in an acceptable format. Listed below are questions about issues to consider when implementing disclosures. 1. Whose approval and support will ensure a smooth implementation?

Educating the school’s administration about when, how, and to whom consumer information must be made available or provided is critical to ensuring compliance. Getting your administration’s prior approval and support to implement these requirements can short-circuit complaints and challenges by those affected by the disclosure and other members of the campus community. Therefore, it is important to have individuals from other offices that are directly affected approve the implementation plan.

2. What other offices will be affected once the disclosure is implemented? New disclosures or updates to existing ones must be communicated to all offices directly and indirectly affected. This includes the employee or group of employees designated as being available to assist enrolled and prospective students in obtaining information about available financial aid, the institution, completion or graduation rates, any gainful employment programs, and campus security, etc. Other office personnel should be involved in the formulation and implementation of consumer information disclosures that affect their offices. If involvement of other office personnel is not possible, it is recommended that any new disclosures be communicated well in advance of implementation to allow the campus community to become familiar with them and ask questions. Offices should be given the name and contact information of the person or office responsible for developing or updating the consumer information or disclosure in the event questions or concerns arise after implementation.


3. When will the new disclosure go into effect? Timing is a critical issue in areas where requests for consumer information may start months in advance of the beginning of an academic year. To minimize delivery costs and avoid changing important aspects of a process mid-stream, advance planning is required. Consumer information disclosures must be provided within the timelines specified in the column labeled “When disclosure must be made” in the Comprehensive List of Title I and Title IV Consumer Information and Disclosure Requirements chart; therefore, the institution must clearly define how and when disclosures will be provided to affected individuals.

4. How should consumer information disclosures be publicized (i.e., made available or provided to the target population)? The most effective way of publicizing consumer information will depend on the demographic characteristics of the population to whom the information must be disclosed. For example, if the disclosure must be made to current and prospective students, publication in the school’s catalogue may be appropriate. For currently enrolled students only, articles in the student newspaper, direct mailings, emails, and/or website updates may be more appropriate. If the target group is current employees, intra- or inter-office memos and/or flyers might be the most appropriate means of communication. Regardless of the method used to publicize the disclosure, a permanent record of making the required consumer information disclosure available or, if required, providing the information directly to the intended recipient should be maintained in both the office responsible for compiling the information and the office designated to provide the information if they are not one in the same.

5. How will you obtain feedback on the effectiveness of the disclosures? Once the method of publicizing each of the consumer information disclosures is selected, a feedback mechanism must be developed for each of the disclosures. See section on Evaluating Consumer Information and Disclosures for more information.

6. Who is responsible for developing, providing, and updating consumer information disclosures? Developing and updating consumer information disclosures is an institutional responsibility. Initially, the financial aid office may collaborate with other offices on campus to coordinating efforts to develop and make new disclosures available to the target population; however, the ultimate responsibility for updating and answering questions about the disclosure should reside with the office that typically has responsibilities related to the nature of the disclosure. The office that collects the required information should be designated as the primary contact for questions about the information provided. For example, the Public Safety Office on campus might be the office designated to provide updates to the school’s annual campus security report and to answer questions about that report.

Evaluating Consumer Information and Disclosures New or revised consumer information disclosures must be evaluated periodically for completeness and accuracy to ensure compliance. A complete review of all consumer information provide should occur at least annually, unless required more frequently by law or regulation, to ensure the information is being received, read, and understood by the target population(s). Because federal financial aid requirements and processes change frequently, it is important to designate staff to monitor and review changes in laws, regulations, and other Department of Education (ED) guidance so, if necessary, timely review of the school’s consumer information disclosures may take place. Substantial changes in laws or regulations should trigger a detailed review whenever they occur.


1. Who should provide feedback about the workability of consumer information disclosures after implementation? Feedback from the target population, the office designated to develop and maintain the information, and the personnel responsible for completing the related tasks as a part of their day-to-day operations is vital to determining if the information disclosed is being received, read, and understood. Other offices affected by the information disclosed should also be invited to comment on its effectiveness.

2. How soon after implementation should feedback be sought, and how often thereafter? Assessment should take place as soon as possible after implementation, but not so soon as to preclude a fair trial run. This will help minimize future complaints and compliance risk by identifying information that is being misinterpreted and/or difficult to locate or obtain, and making any adjustments needed as soon as possible. After initial feedback, consumer information disclosures should be evaluated periodically to ensure continued efficiency. Periodic feedback may be gathered on a regularly timed schedule, or only when triggered by certain circumstances unique to the type of consumer information and disclosure.

3. How should the effectiveness and efficiency of the consumer information disclosure be measured? The fact that there are no complaints is not always a good measure of the effectiveness of the content and method of disclosure. It could just as easily indicate the information is not being accessed or read. The purpose or desired result or outcome of a disclosure should provide some clues as to how to measure its effectiveness, but other assessment measures may be needed to determine efficiency. If the consumer information or disclosure content is causing processing bottlenecks and/or creating havoc with another office’s operations, then the end might not justify the means. For example, if the information on disbursements states that checks will be mailed prior to the start of the term, but students are calling and visiting the bursar’s office prior to the start of the term to obtain this information, this may be an indication that the information being provided is ineffective.

4. Does the reason for the disclosure still exist? Has it been modified? Amendments to laws and regulations might add, alter, or delete requirements, making some existing consumer information disclosure requirements incomplete, inaccurate, or obsolete. Changes to institutional practices can also necessitate revising consumer information disclosures.

5. Has the target population shifted or its characteristics changed? Student populations are continually evolving and the nontraditional student population continues to grow. The method used to provide consumer information disclosures may need to be revised when the target population or technology changes. For example, some students may have the ability to receive campus emergency notifications by cell phone as well as via text messages or email, while other students may not have the ability to receive text messages.

6. Have job descriptions or office responsibilities been altered? Staff turnover and administrative reorganizations can have a significant impact on the development and distribution of student consumer information disclosures. If a staff position with responsibility for a particular disclosure is eliminated or is reassigned, the process for evaluating and updating the disclosure may need to be modified to ensure all tasks relevant to developing and providing the information are still performed.


7. Who should be invited to review existing consumer information disclosures? The record of the personnel and offices that helped compile and develop the content and determined the method of dissemination of the original disclosure is a good indication of who should help evaluate it. However, subsequent changes to the organizational structure of the institution and/or staff turnover may make the original approach inappropriate.

8. How often should existing consumer information disclosures be evaluated? Although an annual review is the general recommendation, some disclosures may require evaluation more frequently. Legislative activity that results in new or amended laws, and new or revised regulatory and sub-regulatory guidance may require more immediate changes to consumer information disclosures. Whatever the trigger for a review, there should be a standardized approach and a formal method for initiating and completing the process.

9. How do I find out when statutory, regulatory, or other changes happen that can affect consumer information disclosure requirements? It is important that the financial aid office have a procedure to ensure it is keeping up with the latest changes to statute, federal regulations, and ED guidance. NASFAA not only alerts the financial aid community daily of such changes via Today’s News articles, but also provides analyses of the changes. Another means of keeping current is to sign up for My IFAP, on ED’s Information for Financial Aid Professionals website, to receive e-mail notices when new documents, such as Federal Registers, Dear Colleague Letters, etc. are posted for the financial aid community. Once you sign up, you will receive updates on recent statutory and regulatory changes and other related guidance. Additionally, various ED training activities are available via ED’s Training for Financial Aid Professionals website at www2.ed.gov/offices/OSFAP/training/index.html. NASFAA’s annual conference and training opportunities also provide updates and guidance on recent and upcoming student aid changes. More information on NASFAA’s conference and training activities is available on the NASFAA website.

Consumer Information Disclosure Methods

The following chart describes the disclosure methods institutions may use to provide consumer information, and notes the options available for specific populations.

Audience Publications Mailings Electronic Media Paper Internet Intranet Comments

Enrolled students

• Internet or intranet website must be reasonably available

• Disclose exact electronic address where information is posted

• Include a statement that a paper copy is available upon request

• Campus security and fire safety reports may be distributed through mailings (including email) and publications

Prospective students

• Notice for annual campus security and fire safety reports must include exact electronic address where information is posted, a description of the reports, and that paper copies are available upon request

Current employees

• Internet or intranet website must be reasonably available

• Disclose exact electronic address where information is posted

• Include a statement that a paper copy is available upon request

• Campus security and fire safety reports may be distributed through mailings (including email) and publications

Prospective employees

• Notice for annual campus security and fire safety reports must include exact electronic address where information is posted, a description of the reports, and that paper copies are available upon request

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Campus Security and Fire Safety Resources The following chart lists resources to help you compile, disseminate, and report campus security and fire safety information. Resource Comments Handbook for Campus Safety and Security Reporting

This handbook was developed by the U.S. Department of Education (ED) to present step-by-step procedures, examples, and references for higher education institutions to follow in meeting the campus safety and security requirements of the Higher Education Act of 1965, as amended (HEA). This handbook replaces The Handbook for Campus Crime Reporting. Available at http://www2.ed.gov/admins/lead/safety/campus.html

Campus Safety and Security Training

ED’s newly revised online tutorial is an audio/visual companion to The Handbook for Campus Safety and Security Reporting. It is designed to be used after reading the handbook to help institutions apply the HEA safety- and security-related reporting requirements. Within the training are examples, scenarios, questions and answers, and references to specific parts of the handbook. Available at http://www2.ed.gov/admins/lead/safety/campus.html

Emergency Management for Higher Education (EMHE) Grant Program

This program supports institutional projects designed to develop, or review and improve, and fully integrate campus-based all-hazards emergency management planning efforts. For more information: http://www2.ed.gov/programs/emergencyhighed/index.html

Action Guide for Emergency Management at Institutions of Higher Education

This guide can help institutions and their partners better understand the field of emergency management within a higher education context, develop and implement an emergency management plan, and/or serve as a reference and resource to improve existing plans. The revised Action Guide is not meant to serve as a prescriptive document but, rather, is intended to provide a number of resources and references to facilitate the emergency management planning process for institutions at all levels of knowledge and development. Available at http://www2.ed.gov/admins/lead/safety/campus.html

Readiness and Emergency Management for Schools (REMS) Technical Assistance (TA) Center

The Center supports K-12 schools, colleges, and universities in providing emergency management resources, training, and publications with improving and strengthening their emergency management plans through the provision of resources, responses to technical assistance requests, and facilitation of Emergency Management for Schools Training events. For more information: http://rems.ed.gov/

College Drinking: Changing the Culture (National Institute on Alcohol Abuse and Alcoholism)

A one-stop resource for comprehensive research-based information on issues related to alcohol abuse and binge drinking among college students. Includes an interactive map with college alcohol policies. http://www.collegedrinkingprevention.gov/


Resource Comments

Federal Bureau of Investigation’s Uniform Crime Reports

This website provides a wealth of information regarding the reporting of crimes, program updates, reports, and other resources. The Uniform Crime Reporting Handbook, the National Incident-Based Reporting System Edition of the Uniform Crime Reporting Handbook, and the Hate Crime Data Collection Guidelines of the Uniform Crime Reporting Handbook may be downloaded. http://www.fbi.gov/about-us/cjis/ucr/ucr

59 Consumer Information Webinar 3/23/2016

U.S. Department of Education

Dear Colleague Letter

Publication Date: July 22, 2015 DCL ID: GEN-15-15 Subject: Implementation of the VAWA Final Regulations Summary: This letter summarizes the final regulations implementing statutory changes to the Clery Act. Dear Colleague: On March 7, 2013, President Obama signed the Violence Against Women Reauthorization Act of 2013 (VAWA) (Pub. Law 113-4), which, among other provisions, amended section 485(f) of the Higher Education Act of 1965, as amended, 20 U.S.C. §1092(f), otherwise known as the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act). In May 2013, the U.S. Department of Education (Department) initiated a negotiated rulemaking process to develop regulations to implement the amendments to the Clery Act made by VAWA. The negotiated rulemaking committee held three negotiating sessions in January, February, and March of 2014. Ultimately, the committee reached consensus on a set of draft regulations. The Department published a Notice of Proposed Rulemaking for public comment on June 20, 2014, and after completing its review of the comments received, it published final regulations on October 20, 2014. Those final regulations, which will appear in 34 CFR 668.46, went into effect July 1, 2015. The preamble to the NPRM noted that the changes made to the Clery Act by VAWA did not affect in any way Title IX of the Education Amendments of 1972 (Title IX), its implementing regulations, or associated guidance issued by the Department’s Office for Civil Rights (OCR). Nothing in the Clery Act, as amended by VAWA, alters or changes an institution’s obligations or duties under Title IX as interpreted by OCR. Below is a list of the major changes that have been made to the Clery Act regulations and information regarding the 2015 Campus Safety and Security Survey, the instrument that institutions of higher education use to report campus crime statistics to the Department. Note that this letter provides only an overview of the changes made to the regulations and to the Campus Safety and Security Survey. Detailed information is provided in the final regulations, and screenshots of the 2015 Campus Safety and Security Survey that will be available through the survey website in early August. Institutions should review both of these documents to ensure compliance with the new requirements. Summary of the Major Changes to the Clery Act Regulations The final regulations--

• Require institutions to collect and report information regarding incidents of dating violence, domestic violence, sexual assault, and stalking that occur on an institution’s Clery Geography and are reported to a Campus Security Authority or to local law enforcement agencies;

• Require institutions to disclose statistics of such incidents in their Annual Security Reports (ASRs) and the Campus Safety and Security Survey and to maintain credible documentation that substantiates the institution’s crime statistics;

• Require institutions to have policies and procedures for victims or witnesses to report crimes on a voluntary, confidential basis for inclusion in the institution’s crime statistics;

http://www.gpo.gov/fdsys/pkg/FR-2014-06-20/pdf/2014-14384.pdf

http://ifap.ed.gov/fregisters/attachments/FR102014FinalRuleViolenceAgainstWomenAct.pdf

http://ifap.ed.gov/fregisters/attachments/FR102014FinalRuleViolenceAgainstWomenAct.pdf

https://surveys.ope.ed.gov/security/

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• Clarify the very limited circumstances in which an institution may remove reports of crimes that have been “unfounded” by law enforcement officials and require institutions to report to the Department and disclose in the ASR the number of crimes that were “unfounded” and subsequently withheld from their crime statistics;

• Revise the definition of “rape” to reflect the Federal Bureau of Investigation's (FBI) updated definition in the Uniform Crime Reporting (UCR) Summary Reporting System, which encompasses the categories of rape, sodomy, and sexual assault with an object that are used in the UCR National Incident-Based Reporting System;

• Revise the categories of bias for the purposes of Clery Act hate crime reporting to add gender identity and to separate ethnicity and national origin into different categories;

• Require institutions to provide information on culturally relevant, inclusive prevention awareness programs to incoming students and new employees, as well as describe these programs in their ASRs. These programs must include: a statement that the institution prohibits the crimes of dating violence, domestic violence, sexual assault, and stalking; the definitions of these terms in the applicable jurisdiction; the definition of “consent,” in reference to sexual activity, in the applicable jurisdiction; a description of safe and positive options for bystander intervention; information on risk reduction; and information on the institution's policies and procedures after a sex offense occurs;

• Require institutions to provide, and describe in their ASRs, ongoing prevention and awareness campaigns for students and employees. These campaigns must include the same information as the institution's primary prevention and awareness program;

• Define the terms “awareness programs,” “bystander intervention,” “ongoing prevention and awareness campaigns,” “primary prevention programs,” and “risk reduction”;

• Require institutions to describe each type of disciplinary proceeding used by the institution in cases of alleged dating violence, domestic violence, sexual assault, or stalking; the steps, anticipated timelines, and decision-making process for each type of disciplinary proceeding; how to file a disciplinary complaint; how the institution determines which type of proceeding to use based on the circumstances of an allegation of dating violence, domestic violence, sexual assault, or stalking; and the standard of evidence that will be used during the disciplinary proceeding;1

• Require institutions to list all of the possible sanctions that the institution may impose following the results of any institutional disciplinary proceedings for an allegation of dating violence, domestic violence, sexual assault, or stalking;

• Require institutions to describe the range of protective measures that the institution may offer following an allegation of dating violence, domestic violence, sexual assault, or stalking;

• Require institutions to provide students or employees who report being victims of dating violence, domestic violence, sexual assault or stalking with a written explanation of their rights and options, regardless of whether the offense occurred on campus, including written notification of counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available for victims both within the institution and in the community, and the availability of changes to academic, living, transportation, and working situations, or protective measures regardless of whether the victim reports to law enforcement;

• Require institutions to provide for a prompt, fair, and impartial disciplinary proceeding in cases of alleged dating violence, domestic violence, sexual assault, or stalking in which: (1) officials are appropriately trained and do not have a conflict of interest or bias for or against the accuser or the accused; (2) the accuser and the accused have equal opportunities to have others present, including an advisor of their choice; (3) the accuser and the accused receive simultaneous notification, in writing, of the result of the proceeding and any available appeal procedures; (4) the proceeding is completed in a reasonably prompt time frame; (5) the accuser and accused are given timely notice of meetings at which one or the other or both may be present; and (6) the accuser, the accused, and appropriate officials are given timely and equal access to information that will be used during informal and formal disciplinary meetings and hearings;

http://ifap.ed.gov/dpcletters/GEN1515.html#footnote1

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• Define the terms “proceeding” and “result”; and

• Specify that compliance with these provisions does not constitute a violation of section 444 of the General Education Provisions Act (20 U.S.C. 1232g), commonly known as the Family Educational Rights and Privacy Act of 1974 (FERPA).

2014 ASRs and Statistics for the 2013 Calendar Year For their 2014 ASRs, institutions were required to make a good-faith effort to include incidents of dating violence, domestic violence, sexual assault, and stalking in the crime statistics for calendar year 2013. Institutions also were required to make a good-faith effort to ensure that the statistics for the new crime categories were accurate and complete in their ASRs with the understanding that institutions may not have complete statistics for 2013. The 2015 Campus Safety and Security Survey The Clery Act requires institutions to disclose and report crime statistics for the three most recent calendar years. As we have done in the past, we will phase in the new statistical requirements by collecting data until three years are represented, beginning with an institution’s statistics for the 2014 calendar year. To ease the burden on institutions and to help ensure accuracy, the Department will not collect data on incidents of dating violence, domestic violence, sexual assault, and stalking for the 2013 calendar year, although, as stated above, institutions were expected to include 2013 statistics for these incidents in their 2014 ASRs. In addition, the final regulations require institutions to report the number of crimes determined to be “unfounded” in both the 2015 ASRs and the 2015 Campus Safety and Security Survey. Institutions must still report three years of statistics for all other crime categories. Further, institutions will be required to report the contact information of their lead Title IX coordinator in the 2015 Campus Safety and Security Survey. For more detail on what is included in the ASRs and data collections, please refer to the chart below. Reporting of New Statistical Requirements in the ASR and Online Data Collection

Calendar Year 2013

Calendar Year 2014

Calendar Year 2015

Calendar Year 2016

ASR issued by October 1, 2014 X

ASR issued by October 1, 2015 X X

ASR issued by October 1, 2016 X X X

ASR issued by October 1, 2017

X X X

Data Collection October 2014


X


X X


X X X

Consumer Information Webinar3/23/2016 62

We thank you for your cooperation in the implementation of the new Clery Act regulations necessitated by VAWA. If you have any questions about the information provided in this letter, please direct them to: [email protected]. Sincerely, Lynn B. Mahaffie Deputy Assistant Secretary for Policy, Planning, and Innovation Office of Postsecondary Education

1 An institution of higher education can comply with both Title IX and the Clery Act by using a preponderance of evidence standard in disciplinary proceedings regarding title IX complaints and by disclosing this standard in the ASR required by the Clery Act.

mailto:[email protected]

http://ifap.ed.gov/dpcletters/GEN1515.html#foottop1


Glossary for Consumer Information Advisor (procedures for institutional disciplinary action in cases of alleged dating violence, domestic violence, sexual assault, and stalking): Any individual who provides the accuser or accused support, guidance, or advice. Agent (for education loans): An officer or employee of a covered institution or an institution-affiliated organization. Agreement to Serve (ATS): An agreement whereby a Teacher Education Assistance for College and Higher Education (TEACH) Grant recipient promises to meet the teaching service requirements of the TEACH Grant Program, comply with notification requirements, and to repay with interest the full amount of any TEACH Grant as a Direct Unsubsidized Loan if he or she does not meet those requirements. Articulation agreement: A formal agreement between a two-year and a four-year institution documenting transfer policies for a specific academic program or a degree in general. Athletically-related student aid: Any scholarship, grant, or other form of financial assistance offered by a school with participation in a program of intercollegiate athletics as a requirement for receipt of the award. Awareness programs (programs to prevent dating violence, domestic violence, sexual assault, and stalking): Community-wide or audience-specific programming, initiatives, and strategies that increase audience knowledge and share information and resources to prevent violence, promote safety, and reduce perpetration. Business day: Monday through Friday, excluding any day when the institution is closed. Bystander intervention (programs to prevent dating violence, domestic violence, sexual assault, and stalking): Safe and positive options that may be carried out by an individual or individuals to prevent harm or intervene when there is a risk of dating violence, domestic violence, sexual assault, or stalking. Bystander intervention includes recognizing situations of potential harm, understanding institutional structures and cultural conditions that facilitate violence, overcoming barriers to intervening, identifying safe and effective intervention options, and taking action to intervene. Campus: Any building or property owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of, or in a manner related to, the institution's educational purposes, including residence halls. Also includes any building or property that is within or reasonably contiguous to the area described above that is owned by the institution but controlled by another person, is frequently used by students, and supports institutional purposes (such as a food or other retail vendor). Campus security authority: (1) A campus police department or a campus security department of an institution. (2) Any individual or individuals who have responsibility for campus security but who do not constitute a campus police department or a campus security department under paragraph (1) of this definition, such as an individual who is responsible for monitoring entrance into institutional property. (3) Any individual or organization specified in an institution's statement of campus security policy as an individual or organization to which students and employees should report criminal offenses. (4) An official of an institution who has significant responsibility for student and campus activities, including, but not limited to, student housing, student discipline, and campus judicial proceedings. If such an official is a pastoral or professional counselor as defined below, the official is not considered a campus security authority when acting as a pastoral or professional counselor.


Cause of fire: The factor or factors that give rise to a fire. The causal factor may be, but is not limited to, the result of an intentional or unintentional action, mechanical failure, or act of nature. Campus-based programs: The term commonly applied to federal student aid programs administered directly by eligible participating institutions. The programs include Federal Supplemental Educational Opportunity Grant (FSEOG), Federal Work-Study (FWS), and Federal Perkins Loan programs. Certificate- or degree-seeking student: A student enrolled in a course of credit who is recognized by the institution as seeking a degree or certificate. Classification of Instructional Program (CIP): A taxonomy of academic disciplines at institutions of higher education in the U.S., wherein instructional programs are classified by a six-digit CIP code at the most granular level. The National Center of Education Statistics (NCES) maintains CIP codes and updates them every 10 years. Clery Act: The law that requires institutions to compile statistics for certain crimes that are reported to campus security authorities or local police agencies, including incidents of sexual assault, domestic violence, dating violence, and stalking. The full title is the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. Clery Geography: For reporting purposes, buildings and property that are part of the institution’s campus, the institution’s noncampus buildings and property, and public property within or immediately adjacent to and accessible from the campus. For crime log purposes, this geography also includes areas within the patrol jurisdiction of the campus police or the campus security department. Constitution Day and Citizenship Day: An American federal observance recognizing the adoption of the United States Constitution and those who have become U.S. citizens by birth or naturalization. It is normally observed on September 17, the day the U.S. Constitutional Convention signed the Constitution in 1787 in Philadelphia. Consumer information: Information postsecondary educational institutions are required to report and disclose to certain prospective students and employees, currently enrolled students, students’ parents, and employees under the Higher Education Act of 1965, as amended (HEA), and other federal statutes. An umbrella term which covers, but is not limited to, the following areas:

• Student financial assistance programs and eligibility;

• Student loans code of conduct and preferred lender arrangements;

• Educational costs;

• Withdrawals and refunds;

• Student and parent privacy rights;

• Institutional and academic program accreditation and licensure;

• Academic programs;

• Transfer credits;

• Graduation, completion, transfer out, and retention rates;

• Gainful employment programs;

• Athletic program participation and financial support;

• Campus security and fire safety;


• Emergency response and evacuation;

• Drug and alcohol abuse;

• Copyright infringement;

• Special services and facilities for individuals with disabilities;

• Vaccinations;

• Voter registration; and

• Constitution Day and Citizenship Day. Cost of attendance (COA): Costs the student is expected to incur during the period of enrollment, including but not limited to tuition, fees, room, board, books, supplies, transportation, and miscellaneous personal expenses. The COA usually is calculated for a full academic year. Covered institution (for education loans): Any institution of higher education, proprietary institution of higher education, postsecondary vocational institution, or institution outside the U.S., as these terms are defined in 34 CFR 600 (Institutional Eligibility), that receives any federal funding or assistance. Dating violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. It includes but is not limited to sexual or physical abuse or the threat of such abuse. It does not include the acts covered under the definition of domestic violence. Directory information: Information contained in a student’s education record that would not generally be considered harmful or an invasion of privacy if disclosed, including but not limited to the student’s name; address; telephone listing; electronic mail address; photograph; date and place of birth; major field of study; grade level; enrollment status (e.g., undergraduate or graduate, full time or part time); dates of attendance; participation in officially recognized activities and sports; weight and height of members of athletic teams; degrees, honors and awards received; and the most recent educational agency or institution attended. Also includes a student identification (ID) number, user ID, or other unique personal identifier used by the student for purposes of accessing or communicating in electronic systems, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user’s identity, such as a personal identification number (PIN), password, or other factor known or possessed only by the authorized user. Does not include a student’s Social Security Number or student ID number, except as previously noted. Disaggregation: The breaking up of information into subgroups or categories. Domestic violence: A felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the victim; by a person with whom the victim shares a child in common; by a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner; by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred. Education loan: Except when used as part of the term ‘‘private education loan’’, any loan made under the Federal Direct Student Loan (Direct Loan) Program; any loan made, insured, or guaranteed under the Federal Family Education Loan (FFEL) Program; or a private education loan. Education records: Those records that are: (1) Directly related to a student; and (2) Maintained by an educational agency or institution or by a party acting for the agency or institution.


Eligible student (under the Family Educational Rights and Privacy Act): A student who has reached 18 years of age or is attending an institution of postsecondary education. Equity in Athletics Disclosure Act (EADA): Federal statute requiring co-educational postsecondary educational institutions, which participate in a Title IV federal student aid program and have an intercollegiate athletic program, to prepare an annual report to the U.S. Department of Education (ED) on athletic participation, staffing, and revenues and expenses, by men's and women's athletic teams. Estimated financial assistance (EFA): The estimated amount of assistance for a period of enrollment that a student (or a parent on behalf of a student) will receive from federal, state, institutional, or other sources, such as scholarships, grants, net earnings from need-based employment, or loans, including but not limited to:

• The estimated amount of other federal student financial aid, including but not limited to a Federal Pell Grant, TEACH Grant, and campus-based aid, and the gross amount (including fees) of subsidized and unsubsidized Direct Loans and Direct PLUS; and

• Except for Direct Subsidized Loans, national service education awards or post-service benefits under Title I of the National and Community Service Act of 1990 (AmeriCorps);

• Any educational benefits paid because of enrollment in a postsecondary education institution, or to cover postsecondary education expenses;

• Fellowships or assistantships, except non-need-based employment portions of such awards; and

• Insurance programs for the student’s education.

EFA does not include—

• Those amounts used to replace the expected family contribution (EFC), including the amounts of any TEACH Grant, Direct Unsubsidized Loans, Direct PLUS, and nonfederal non-need-based loans, including private, state-sponsored, and institutional loans (except, if the sum of the amounts received that are being used to replace the student’s EFC exceed the EFC, the excess amount must be treated as EFA);

• Federal Perkins Loan and FWS funds that the student has declined;

• Non-need-based employment earnings;

• Assistance not received under this part if that assistance is designated to offset all or a portion of a specific amount of the COA and that component is excluded from the COA as well (If that assistance is excluded from either EFA or COA, it must be excluded from both.);

• Federal veterans’ education benefits paid under:

Chapter 103 of Title 10, United States Code (U.S.C.) (Senior Reserve Officers’ Training Corps),

Chapter 106A of Title 10, U.S.C. (Educational Assistance for Persons Enlisting for Active Duty),

Chapter 1606 of Title 10, U.S.C. (Selected Reserve Educational Assistance Program),

Chapter 1607 of Title 10, U.S.C. (Educational Assistance Program for Reserve Component Members Supporting Contingency Operations and Certain Other Operations),

Chapter 30 of Title 38, U.S.C. (All-Volunteer Force Educational Assistance Program, also known as the “Montgomery GI Bill—active duty”),

Chapter 31 of Title 38, U.S.C. (Training and Rehabilitation for Veterans with Service-Connected Disabilities),

Chapter 32 of Title 38, U.S.C. (Post-Vietnam Era Veterans’ Educational Assistance Program),

Chapter 33 of Title 38, U.S.C. (Post 9/11 Educational Assistance),


Chapter 35 of Title 38, U.S.C. (Survivors’ and Dependents’ Educational Assistance Program),

Section 903 of the Department of Defense Authorization Act, 1981 (U.S.C. 2141 note) (Educational Assistance Pilot Program),

Section 156(b) of the “Joint Resolution making further continuing appropriations and providing for productive employment for the fiscal year 1983, and for other purposes” (42 U.S.C. 402 note) (Restored Entitlement Program for Survivors, also known as “Quayle benefits”),

The provisions of chapter 3 of Title 37, U.S.C., related to subsistence allowances for members of the Reserve Officers Training Corps, and

Any program determined by ED to be covered by section 480(c)(2) of the Higher Education Act of 1965, as amended (HEA);

• Iraq and Afghanistan Service Grant (IASG) funds; and

• For Direct Subsidized Loans, national service education awards or post service benefits paid under AmeriCorps.

Expected family contribution (EFC): Estimate of a family’s ability to contribute toward postsecondary educational costs, derived by a formula known as Federal Methodology. Family Educational Rights and Privacy Act (FERPA): Federal legislation enacted in 1974 which gives parents the right to access to their child's education records, an opportunity to seek to have those records amended, and some control over the disclosure of information from those records. Those rights transfer from parents to students who are 18 years of age or older, or students of any age if enrolled in any postsecondary educational institution. With several exceptions, institutions must have a student's consent prior to the disclosure of education records after that student is 18 years old. The law applies only to educational agencies and institutions that receive funding under a program administered by ED. Financial Aid Shopping Sheet: An easy-to-read form that enables students to compare institutions in terms of grant and scholarship award amounts, student work and loan options, other financial assistance options, net costs, graduation rates, loan default rates, median borrowing, and estimated monthly loan payments after graduation. Financial need: The difference between the institution’s COA and the family’s ability to pay (i.e., EFC). Ability to pay is represented by the EFC for federal need-based aid and for many state and institutional programs. Federal Bureau of Investigation’s (FBI) Uniform Crime Reporting (UCR) program: A nationwide, cooperative statistical effort in which city, university and college, county, state, tribal, and federal law enforcement agencies voluntarily report data on crimes brought to their attention. The UCR program also serves as the basis for the definitions of crimes in Appendix A to Subpart D of the General Provisions regulations and the requirements for classifying crimes under the student consumer information regulations. Fire: Any instance of open flame or other burning in a place not intended to contain the burning or in an uncontrolled manner. Fire drill: A supervised practice of a mandatory evacuation of a building for a fire. Fire-related injury: Any instance in which a person is injured as a result of a fire, including an injury sustained from a natural or accidental cause, while involved in fire control, attempting rescue, or escaping from the dangers of the fire. The term ‘‘person’’ may include students, employees, visitors, firefighters, or any other individuals.


Fire-related death: Any instance in which a person (1) Is killed as a result of a fire, including death resulting from a natural or accidental cause while involved in fire control, attempting rescue, or escaping from the dangers of a fire; or (2) Dies within one year of injuries sustained as a result of the fire. Fire safety system: Any mechanism or system related to the detection of a fire, the warning resulting from a fire, or the control of a fire. This may include sprinkler systems or other fire extinguishing systems, fire detection devices, stand-alone smoke alarms, devices that alert one to the presence of a fire, such as horns, bells, or strobe lights; smoke-control and reduction mechanisms; and fire doors and walls that reduce the spread of a fire. First-time undergraduate student: An entering undergraduate who has never attended any institution of higher education. It includes a student enrolled in the fall term who attended a postsecondary institution for the first time in the prior summer term, and a student who entered with advanced standing (college credit earned before graduation from high school). Free Application for Federal Student Aid (FAFSA): The financial aid application completed by the student, and the student’s parents if applicable, that collects household and financial information. The FAFSA is the foundation document for all federal need analysis computations and database matches performed for a student. Hate crime: A crime reported to local police agencies or to a campus security authority that manifests evidence that the victim was intentionally selected because of perpetrator’s bias against the victim. The categories of bias include the victim’s actual or perceived race, religion, gender, gender identity, sexual orientation, ethnicity, national origin, and disability. Hierarchy rule: A requirement in the FBI’s UCR program that, for purposes of reporting crimes in that system, when more than one criminal offense was committed during a single incident, only the most serious offense be counted. Higher Education Act of 1965, as amended (HEA): The authorizing legislation for most of the federal student financial assistance programs. Established in 1965 by Congress, Title IV of the HEA authorizes the following programs: Federal Pell Grant, Iraq and Afghanistan Service Grant (IASG), Teacher Education Assistance for College and Higher Education (TEACH) Grant, Federal Supplemental Educational Opportunity Grant (FSEOG), Federal Work-Study (FWS), Federal Perkins Loan, and Federal Direct Student Loan (Direct Loan). Collectively, these programs are known as the Title IV programs and are administered by the U.S. Department of Education. Institution-affiliated organization: Any organization that is directly or indirectly related to a covered institution (e.g., alumni organization, athletic organization, foundation, or social, academic, or professional organization of a covered institution) and is engaged in the practice of recommending, promoting, or endorsing education loans for students attending that covered institution or the families of its students. Integrated Postsecondary Education Data System (IPEDS): A system of interrelated surveys conducted annually by NCES with every college, university, and technical and vocational institution that participates in the Title IV federal student financial aid programs, collecting data on enrollments, program completions, graduation rates, faculty and staff, finances, institutional prices, and student financial aid. Integrated Postsecondary Education Data System (IPEDS): A system of interrelated surveys conducted annually by ED’s National Center for Education Statistics (NCES) with every college, university, and technical and vocational institution that participates in the Title IV federal student financial aid programs, collecting data on enrollments, program completions, graduation rates, faculty and staff, finances, institutional prices, and student financial aid.


International Standard Book Number (ISBN): A unique numeric commercial book identifier based upon the nine-digit Standard Book Numbering (SBN) code. National Student Loan Data System (NSLDS): A national database containing selected financial aid history information on Title IV recipients. Need-based aid: Student assistance awarded because a student’s financial circumstances would not permit him or her to afford the cost of a postsecondary education. Net price: The current COA minus the yearly average grant and scholarship aid (not loans or work-study) paid to an institution’s students in the prior year. Noncampus building or property: (1) Any building or property owned or controlled by a student organization that is officially recognized by the institution; or (2) Any building or property owned or controlled by an institution that is used in direct support of, or in relation to, the institution's educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the institution. Non-need-based aid: Aid based on criteria other than need, such as academic, musical, or athletic ability. Also, refers to federal student aid programs where the EFC is not part of the financial need equation. Normal time: Amount of time necessary for a student to complete all requirements for a degree or certificate according to the institution’s catalog. This is typically four years for a baccalaureate degree in a standard term-based institution, two years for an associate degree in a standard term-based institution, and the various scheduled times for certificate programs. Notice: A notification of the availability of information an institution is required by regulation to disclose, which is provided to an individual on a one-to-one basis through an appropriate mailing or publication, including direct mailing through the U.S. Postal Service, campus mail, or electronic mail. Posting on an Internet or intranet website does not constitute a notice. O*NET: An online database of occupational information in the U.S. containing information on hundreds of standardized and occupation-specific descriptors and codes, as well as an interactive application for exploring and searching occupations. Ongoing prevention and awareness campaign (programs to prevent dating violence, domestic violence, sexual assault, and stalking): Programing, initiatives, and strategies that are sustained over time and focus on increasing understanding of topics relevant to and skills for addressing dating violence, domestic violence, sexual assault, and stalking, using a range of strategies with audiences throughout the institution. Opportunity pool loan: A private education loan made by a lender to a student attending the institution or the family member of such a student that involves a direct or indirect payment by such institution of points, premiums, additional interest, or financial support to such lender for the purpose of such lender extending credit to the student or family. Pastoral counselor: A person who is associated with a religious order or denomination, is recognized by that religious order or denomination as someone who provides confidential counseling, and is functioning within the scope of that recognition as a pastoral counselor. Payment period: A school-defined length of time for which financial aid funds are paid to a student. For programs using academic terms (semester, trimester, or quarter), a payment period is equal to a term. For programs not using academic terms, schools must designate at least two payment periods within an academic year that meets all applicable regulations.


Period of enrollment: Except for nonterm programs, the period of time coinciding with an academic term established by the school for which institutional charges are generally assessed (e.g., semester, trimester, quarter, length of the student’s program or academic year). Personally identifiable information: Information including, but not limited to:

• The student’s name;

• The name of the student’s parent or other family members;

• The address of the student or student’s family;

• A personal identifier, such as the student’s Social Security Number, student number, or biometric record;

• Other indirect identifiers, such as the student’s date of birth, place of birth, and mother’s maiden name;

• Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or

• Information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates.

Preferred lender arrangement: An arrangement or agreement between a lender and an institution or its institution-affiliated organization, under which a lender provides or otherwise issues education loans to the institution’s students or their families, and which relates to that institution or institution-affiliated organization recommending, promoting, or endorsing the education loan products of the lender. Primary prevention programs (programs to prevent dating violence, domestic violence, sexual assault, and stalking): Programming, initiatives, and strategies informed by research or assessed for value, effectiveness, or outcome that are intended to stop dating violence, domestic violence, sexual assault, and stalking before they occur through the promotion of positive and healthy behaviors that that foster healthy, mutually respectful relationships and sexuality, encourage safe bystander intervention, and seek to change behavior and social norms in healthy and safe directions. Private education loan: Loan provided by a private educational lender that is not a Title IV loan and is issued expressly for postsecondary education expenses to a borrower, regardless of whether the loan is provided through the educational institution the student attends or directly to the borrower from the private educational lender. Proceeding (procedures for institutional disciplinary action in cases of alleged dating violence, domestic violence, sexual assault, and stalking): All activities related to a noncriminal resolution of an institutional disciplinary complaint, including, but not limited to, fact-finding investigations, formal or informal meetings, and hearings. Professional counselor: A person whose official responsibilities include providing mental health counseling to members of the institution's community and who is functioning within the scope of the counselor’s license or certification. Programs to prevent dating violence, domestic violence, sexual assault, and stalking: Comprehensive, intentional and integrated programming, initiatives, strategies, and campaigns intended to end dating violence, domestic violence, sexual assault, and stalking that are culturally relevant, inclusive of diverse communities and identities, sustainable, responsive to community needs, and informed by research or assessed for value, effectiveness, or outcome; and consider environmental risk and protective factors as they occur on the individual, relationship, institutional, community, and societal levels. Programs to prevent dating violence, domestic violence, sexual assault, and stalking include both primary prevention and awareness programs


directed at incoming students and new employees and ongoing prevention and awareness campaigns directed at current students and employees. Prospective employee: An individual who has contacted a Title IV-eligible institution for the purpose of requesting information concerning employment with that institution. Prospective student: An individual who has contacted a Title IV-eligible institution requesting information concerning admission to that institution. Public property: All public property, including thoroughfares, streets, sidewalks, and parking facilities, that is within the campus, or immediately adjacent to and accessible from the campus. Reasonable expenses: Expenses which meet the standards of and are paid in accordance with a state government reimbursement policy applicable to the entity, or which meet the standards of and are paid in accordance with the applicable federal cost principles for reimbursement, if no state policy applicable to the entity exists. Referred for campus disciplinary action: The referral of any person to any campus official who initiates a disciplinary action of which a record is kept and which may result in the imposition of a sanction. Result (procedures for institutional disciplinary action in cases of alleged dating violence, domestic violence, sexual assault, and stalking): Any initial, interim, and final decision by an official or entity authorized to resolve disciplinary matters within the institution. The result must include any sanctions imposed by the institution. Notwithstanding Family Educational Rights and Privacy Act (FERPA), it must also include the rationale for the result and the sanctions. Risk reduction (programs to prevent dating violence, domestic violence, sexual assault, and stalking): Options designed to decrease perpetration and bystander inaction, and to increase empowerment for victims in order to promote safety and to help individuals and communities address conditions that facilitate violence. Satisfactory academic progress (SAP): The progress required of a financial aid recipient in acceptable studies or other activities to fulfill a specified educational objective. SAP contains both a grade, or its equivalent, (qualitative) and pace (quantitative) measure. It also must be the same as or stricter than academic standards used for students not receiving Title IV aid. Sexual assault: An offense that meets the definition of rape, fondling, incest or statutory rape as used in the FBI’s UCR program and included in Appendix A to Subpart D of the General Provisions regulations. Stalking: Engaging in a course of conduct directed at a specified person that would cause a reasonable person to fear for his or her safety or the safety of others or suffer substantial emotional distress. For the purpose of this definition, course of conduct means two or more acts, including but not limited to acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means; follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property. Substantial emotional distress means significant mental suffering or anguish that may, but does necessarily, require medical or other professional treatment or counseling. Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.


Standard Occupational Classification (SOC): A system of classifying occupations in which work is performed for pay or profit in the U.S., wherein classification data enables the comparison of occupations across data sets. Student eligibility: Students must meet certain criteria to be eligible to receive Title IV financial aid. Eligibility is determined by self-certified information as well as information submitted to ED on the FAFSA, and data provided directly to higher education institutions. Supplemental material: Educational material developed to accompany a college textbook that may include printed materials, computer disks, website access, and electronically distributed materials, and that is not being used as a component of an integrated textbook. Test: Regularly scheduled drills, exercises, and appropriate follow-through activities, designed for assessment and evaluation of emergency plans and capabilities. Truth in Lending Act (TILA): Federal law designed to promote the informed use of consumer credit by requiring disclosures about its terms and costs, standardizing the manner in which costs associated with borrowing are calculated and disclosed to borrowers. Undergraduate student (for purposes of calculating completion and graduation rates): A student enrolled in a four- or five-year baccalaureate degree program, an associate degree program, or a vocational or technical program below the baccalaureate level. Unfounded crime: A report of a crime that is false or baseless. A formal determination of an unfounded crime made by sworn or commissioned law enforcement personnel after a full investigation into the reported crime, and based on the results of a full investigation and any evidence. Value of property damage: The estimated value of the loss of the structure and contents, in terms of the cost of replacement in like kind and quantity. This estimate should include contents damaged by fire, and related damages caused by smoke, water, and overhaul; however, it does not include indirect loss, such as business interruption. Violence Against Women Act of 2013 (VAWA): Signed into law March 7, 2013, Pub. Law 113-4, which, among other provisions, amended section 485(f) of the Higher Education Act of 1965, as amended (HEA), otherwise known as the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act). VAWA amended the Clery Act to require institutions to compile statistics for incidents of domestic violence, dating violence, sexual assault, and stalking and to include certain policies, procedures, and programs pertaining to these incidents in their annual security reports (ASRs). The statute requires institutions to include this new information in the ASR beginning with the ASR that must be provided to students, employees, and prospective students and employees by October 1, 2014. Verification: The process used by the institution to check the accuracy of the information a student and/or a student’s parents have given when applying for need-based federal student aid.


References for Consumer Information The following is a list of resources for consumer information that you may find helpful if you need additional information or clarification on a topic covered in this webinar. LAW The Higher Education Act of 1965, as amended: • Section 117 – Disclosures of Foreign Gifts • Section 120 – Drug and Alcohol Abuse • Section 132 – Transparency in College Tuition for Consumers • Section 133 – Textbook Information • Section 152 – Responsibilities of Covered Institutions, Institution-Affiliated Organizations, and Lenders • Section 153 – Loan Information to be Disclosed • Section 154 – Loan Information to be Disclosed • Section 484 – Student Eligibility • Section 485 – Institutional and Financial Aid Information for Students • Section 487 – Program Participation Agreements REGULATIONS 34 CFR 84 – Governmentwide Requirements for Drug-Free Workplace (Financial Assistance) 34 CFR 86 – Drug and Alcohol Abuse Prevention 34 Part 99 – Family Educational Rights and Privacy 34 CFR 601 – Institution and Lender Requirements Relating to Education Loans 34 CFR 668, Subpart D – Student Consumer Information 34 CFR 668, Subpart F – Misrepresentation 34 CFR 668.14 – Program Participation Agreement 34 CFR 668.412 – Disclosure Requirements for GE Programs 34 CFR 674.42 – Federal Perkins Loan Program, Contact with the borrower 34 CFR 682.604 – Federal Family Education Loan (FFEL) Program, Required exit counseling for borrowers 34 CFR 685.304 – William D. Ford Federal Direct Loan Program, Treatment of excess loan proceeds 34 CFR 686.32 – Teacher Education Assistance for College and Higher Education (TEACH) Grant Program, Counseling requirements FEDERAL REGISTERS Federal Register, 10/30/15, pp. 67126 to 67201, Program Integrity and Improvement; Final Rule Federal Register, 10/20/14, pp. 62752 to 62789, Violence Against Women Act; Final Rule


Federal Register, 6/20/14, pp. 35418 to 35448, Violence Against Women Act; Notice of Proposed Rulemaking Federal Register, 10/29/09, pp. 55910 to 55914, General and Non-Loan Programmatic Issues; Final Rule Federal Register, 10/28/09, pp. 55628 to 55633, Institutions and Lender Requirements Relating to Education Loans, Student Assistance General Provisions, Federal Perkins Loan Program, Federal Family Education Loan Program, and William D. Ford Federal Direct Loan Program; Final Rule Federal Register, 8/21/09, pp. 42391 to 42400, General and Non-Loan Programmatic Issues; Notice of Proposed Rulemaking Federal Register, 7/28/09, pp.37435 to 37446, Institutions and Lender Requirements Relating to Education Loans, Student Assistance General Provisions, Federal Perkins Loan Program, Federal Family Education Loan Program, and William D. Ford Federal Direct Loan Program; Notice of Proposed Rulemaking Federal Register, 5/24/05, p. 29727, Constitution and Citizenship Day DEAR COLLEAGUE LETTERS GEN-16-05 – Extension of the Federal Perkins Loan Program GEN-15-15 – Implementation of the VAWA Final Regulations GEN -14-13 – Implementation of Changes to the Clery Act made by the Violence Against Women Reauthorization Act of 2013 (VAWA) GEN-13-07 – Guidance on Implementing the Net Price Calculator Requirement GEN-10-09 – Textbook Guidance GEN-10-08 – Institutional Requirements for Combating the Unauthorized Distribution of Copyrighted Material by Users of the Institution’s Network GEN-08-12 – The Higher Education Opportunity Act GEN-04-11 – Reporting of Foreign Gifts, Contracts, and Relationships by Institutions ELECTRONIC ANNOUNCEMENTS Electronic Announcement, 10/20/14 – Final Regulations Implementing the Violence Against Women Act Electronic Announcement, 8/1/14 – Fall 2014 Campus Safety and Security Survey Information Sent to Chief Executive Officers Electronic Announcement, 1/27/14 – Updated Net Price Calculator Template OTHER RESOURCES 2015–16 FSA Handbook, Volume 2, School Eligibility and Operations (Chapter 3: FSA Administrative & Related Requirements, Chapter 6: Consumer Information & School Reports, and Chapter 7: Recordkeeping, Electronic Processes, & Privacy FSA Assessment: Consumer Information (available at http://ifap.ed.gov/qahome/fsaassessment.html)

What’s next?NASFAA’s live webinars bring you the latest information, hot off the press, and allow you to actively engage with NASFAA staff and featured presenters from government, partner organizations, and fellow aid administrators.

On Demand Webinars are recordings of previously broadcasted events. The recordings are available for purchase and viewing at your convenience.

Webinar Schedule for 2015-16 - See You Online!

Topic Air Date

Best Practices in Customer Service 10/28/15

Title IV Funds Late Disbursements 11/18/15

Verification for 2016-17 12/16/15

NASFAA Town Hall* 1/12/16

Nontraditional Program Issues 1/27/16

Top “AskRegs” Questions 3/2/16

Graduate/Professional Town Hall* 3/9/16

Consumer Information 3/23/16

Summer Aid Issues 4/20/16

NASFAA Town Hall* 5/3/16

PLUS Eligibility Issues 5/25/16

2016-17 Verification Frequently Asked Questions 6/8/16

* Complimentary for all Members. All other webinars are offered at the following rates: Site License: $120 members / $240 non-members/ no charge for webinar package purchasers

This listing is current as of October 27, 2015. For additions and changes to this schedule, visit nasfaa.org/live_webinars

Please join us for the 2015-16 NASFAA Webinar Series

WEBINARS

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NASFAA Webinar Consumer Information - March 23, 2016 · Financial Aid Office Registrar Campus...

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