Subpart C-How Does the Secretary Make an Award?

698.20 How does the Secretary evaluate an application for a Campus Sexual Offenses Education and Prevention Program grant?

698.21 What selection criteria apply to General Sexual Offense Prevention and Education Grants?

698.22 What selection criteria apply to Model Grants?

698.23 What additional factors does the Secretary consider?

698.24 What priorities does the Secretary establish?

Subpart D-What Conditions Must Be Met After an Award?

698.30 Must a grantee file an annual performance report?

AUTHORITY: 20 U.S.C. 1145h, unless otherwise noted.

SOURCE: 58 FR 43266, Aug. 16, 1993, unless otherwise noted.

Subpart A-General

§ 698.1 What is the Campus Sexual Of fenses Education and Prevention Program?

(a) Under the Campus Sexual Offenses Education and Prevention Program, the Secretary provides grants to institutions of higher education (IHES) or consortia of IHES to carry out sexual offenses education and prevention programs.

(b) Under the program, the Secretary awards two types of grants:

(1) General Sexual Offense Prevention and Education Grants as described in § 698.3(a).

(2) Model Grants as described in § 698.3(b).

(Authority: 20 U.S.C. 1145h)

§ 698.2 Who is eligible for a grant?

(a) An IHE or a consortium of IHES that satisfies the eligibility requirements of paragraph (b) of this section is eligible for a grant under the Campus Sexual Offenses Education and Prevention Program.

(b) To be eligible for a grant under this program, an IHE or each IHE within a consortium of IHES must

(1) Have a student code of conduct, or other written policy governing student

behavior, that explicitly prohibits all forms of sexual offenses; and

(2) Have a written policy, in effect and implemented, requiring the disclosure to the victim of any sexual offense of the outcome of any investigation by campus police or campus disciplinary proceedings brought as a result of the victim's complaint against the alleged perpetrator of the sexual offense. However, this paragraph does not authorize disclosure to any person other than the victim.

(Authority: 20 U.S.C. 1145h)

EFFECTIVE DATE NOTE: At 58 FR 43267, Aug. 16, 1993, part 698 was added. Section 698.2 contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. A document will be published in the FEDERAL REGISTER once approval has been obtained.

§698.3 What activities does the Secretary fund?

(a) The Secretary awards General Sexual Offense Prevention and Education Grants for the following activities:

(1) Providing training for campus security and college personnel, including campus disciplinary or judicial boards, that addresses the issues of sexual offenses.

(2) Developing, disseminating, or implementing campus security and student disciplinary policies to prevent and discipline the perpetrators of sexual offense crimes.

(3) Developing, enlarging, or strengthening support services programs that include medical or psychological counseling to assist victims of sexual offense crimes in their recovery.

(4) Creating, disseminating, or otherwise providing assistance and information about victims' options, on and off campus, to bring disciplinary or other legal action against perpetrators of sexual offenses.

(5) Implementing, operating, or improving sexual offense education and prevention programs, including programs making use of peer-to-peer education.

(b)(1) The Secretary awards Model Grants for model demonstration programs that will be coordinated with

local rape crisis centers for developing and implementing

(i) Quality rape-prevention and education curricula; and

(ii) Local programs to provide services to student sexual offense victims.

(2) The Secretary awards not less than 25 percent of the funds appropriated under this part in any fiscal year for the Model Grants described in paragraph (b)(1) of this section.

(c) The Secretary does not make grants for activities that are necessary to meet the minimum requirements of the Crime Awareness and Campus Security Act of 1990, Public Law 101-542. (Authority: 20 U.S.C. 1145h)

698.4 What regulations apply?

The following regulations apply to the Campus Sexual Offenses Education and Prevention Program:

(a) The Education Department General Administrative Regulations (EDGAR) as follows:

(1) 34 CFR Part 74 (Administration of Grants to Institutions of Higher Education, Hospitals, and Nonprofit Organizations).

(2) 34 CFR Part 75 (Direct Grant Programs).

(3) 34 CFR Part 77 (Definitions that Apply to Department Regulations).

(4) 34 CFR Part 79 (Intergovernmental Review of Department of Education Programs and Activities).

(5) 34 CFR Part 82 (New Restrictions on Lobbying).

(6) 34 CFR Part 85 (Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace (Grants)).

(7) 34 CFR Part 86 (Drug-Free Schools and Campuses).

(b) The regulations in this part 698. (Authority: 20 U.S.C. 1145h)

698.5 What definitions apply?

(a) Definitions in EDGAR. The following terms used in this part are defined in 34 CFR 77.1:

Applicant
Application
Award
Budget period

EDGAR
Facilities

Fiscal year
Private
Project

Project period
Public
Secretary

(b) Other definitions. The following definitions also apply to this part:

Consortium means two or more institutions of higher education that jointly submit an application for a grant under the Campus Sexual Offenses Education and Prevention Program.

Institution of higher education (IHE) means an institution that satisfies the definition of that term in section 1201(a) of the Higher Education Act of 1965, as amended (20 U.S.C. 1141(a)). Sexual offense means—

(i) A sexually related civil or criminal offense recognized under State law;

(ii) Conduct that would constitute sexual harassment under either Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) or Title IX of the Education Amendments of 1972 (20 U.S.C. 1681); or

(iii) A sexually related crime recognized under Title 18 of the U.S. Code. Sexual offense crime means

(i) A sexually related crime recognized under State law; or

(ii) A sexually related crime recognized under Title 18 of the U.S. Code.

Sexual offenses education and prevention includes programs that provide education seminars, peer-to-peer counseling, operation of hotlines, self-defense courses, prepare informational materials, and any other effort to increase campus awareness of the facts about, or help prevent, sexual offenses. (Authority: 20 U.S.C. 1145h)

Subpart B-How Does One Apply for a Grant?

§ 698.10 How does an applicant apply for a grant?

An IHE or consortium of IHES shall submit an application to the Secretary at such time and in such a manner as the Secretary prescribes.

(Authority: 20 U.S.C. 1145h)

150-136 0-94--35

§ 698.11 What must an application for a Campus Sexual Offenses Education and Prevention Program grant contain?

An application for a Campus Sexual Offenses Education and Prevention Program grant must

(a) Include the activities and programs to be carried out with the funds awarded;

(b) Estimate the cost for establishing and operating those activities and programs;

(c) Explain how the activities and programs intend to address the issue of sexual offenses;

(d) Provide assurances that the Federal funds made available under this program will be used to supplement and, to the extent practical, to increase the level of funds that would, in the absence of those Federal funds, be made available by the applicant for the purposes described in this part and, in no case, to supplant those funds; and

(e) Include other information and assurances as the Secretary reasonably determines to be necessary.

(Authority: 20 U.S.C. 1145h)

EFFECTIVE DATE NOTE: At 58 FR 43267, Aug. 16, 1993, part 698 was added. Section 698.11 contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. A document will be published in the FEDERAL REGISTER Once approval has been obtained.

Subpart C-How Does the
Secretary Make an Award?

§ 698.20 How does the Secretary evaluate an application for a Campus Sexual Offenses Education and Prevention Program grant?

(a)(1) The Secretary evaluates an application for a General Sexual Offense Prevention and Education Grant on the basis of the selection criteria in § 698.21.

(2) The Secretary evaluates an application for a Model Grant on the basis of the selection criteria in § 698.22.

(3) The Secretary awards up to 100 points for these criteria.

(4) The maximum possible points for each criterion is indicated in parentheses.

(b) The Secretary awards up to 15 additional points to applicants who satisfy the priorities in § 698.24(b). (Authority: 20 U.S.C. 1145h)

§ 698.21 What selection criteria apply to General Sexual Offense Prevention and Education Grants?

The Secretary uses the following criteria to evaluate an application for a General Sexual Offense Prevention and Education Grant:

(a) Meeting the purposes of the authorizing statute. (10 points) The Secretary reviews each application to determine how well the project will meet the purpose of the statute authorizing the program, including consideration of—

(1) The objectives of the project; and (2) How the activities to be funded under a General Sexual Offense Prevention and Education Grant further the objectives of the project.

(b) Extent of need for the project. (12 points) The Secretary reviews each application to determine the extent to which the project meets specific needs recognized in the Campus Sexual Offenses Education and Prevention Program, including consideration of

(1) The needs addressed by the project (3 points);

(2) How the applicant identified those needs (3 points);

(3) How those needs will be met by the project (3 points); and

(4) The benefits to be gained by meeting those needs (3 points).

(c) Plan of operation. (32 points) The Secretary reviews each application to determine the quality of the plan of operation for the project, including

(1) The quality of the design of the project (20 points);

(2) The extent to which the project includes specific intended outcomes that

(i) Will accomplish the purposes of the program;

(ii) Are attainable within the project period, given the project's budget and other resources;

(iii) Are objective and measurable;

and

(iv) For a multi-year project, include specific objectives to be met during each annual budget period that can be used to determine the progress of the

project toward meeting its intended outcomes (3 points);

(3) The extent to which the plan of management ensures proper and efficient administration of the project (3 points);

(4) The ability of the applicant's plan to use its resources and personnel to achieve each objective and intended outcome during the project period (3 points); and

(5) How the applicant will ensure that project participants who are otherwise eligible to participate are selected without regard to race, color, national origin, gender, age, or disabling condition (3 points).

(d) Quality of key personnel. (10 points)

(1) The Secretary reviews each application to determine the quality of key personnel the applicant plans to use on the project, including

(1) The qualifications of the project director (if one is to be used);

(ii) The qualifications of each of the other key personnel to be used in the project;

(iii) The time that each person referred to in paragraphs (d)(1)(i) and (ii) of this section will commit to the project; and

(iv) How the applicant, as part of its nondiscriminatory employment practices, will ensure that its personnel are selected for employment without regard to race, color, national origin, gender, age, or disabling condition.

(2) In determining the qualifications of key personnel under paragraph (d)(1) of this section, the Secretary consid

ers

(i) Experience and training in fields related to the objectives of the project; and

(ii) Any other qualifications that pertain to the quality of the project.

(e) Budget and cost effectiveness. (6 points) The Secretary reviews each application to determine the extent to which

(1) The budget is adequate to support the project; and

(2) Costs are reasonable in relation to the objectives of the project.

(f) Evaluation plan. (10 points) The Secretary reviews each application to determine the quality of the evaluation plan for the project, including the ex

tent to which the applicant's methods of evaluation

(1) Are appropriate to the project;

(2) Will determine how successful the project is in meeting its intended outcomes; and

(3) Are objective and produce data that are quantifiable.

(g) Adequacy of resources. (5 points) The Secretary reviews each application to determine the adequacy of the resources that the applicant plans to devote to the project, including facilities, equipment, and supplies.

(h) Extent of impact. (10 points) The Secretary reviews each application to determine the potential impact of the proposed project. This review includes an examination of both the actual number and percentage of individuals who would be affected by the project.

(i) Continuation of project. (5 points) The Secretary reviews each application to determine the extent to which the applicant's plans demonstrate a commitment to continue the project after Federal financial assistance is terminated. The review will include an examination of the support for, and the amount of funds, personnel, and other resources committed to the continuation of the project after Federal financial assistance is terminated.

(Authority: 20 U.S.C. 1145h)

EFFECTIVE DATE NOTE: At 58 FR 43267, Aug. 16, 1993, part 698 was added. Section 698.21 contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. A document will be published in the FEDERAL REGISTER Once approval has been obtained.

§698.22 What selection criteria apply to Model Grants?

The Secretary uses the following criteria to evaluate an application for a Model Grant:

(a) Meeting the purpose of the authorizing statute. (12 points) The Secretary reviews each application to determine how well the project will meet the purpose of the statute authorizing the program, including consideration of

(1) The objectives of the project; and (2) How the activities to be funded under a Model Grant further the objectives of the project; and

(3) The extent to which the project would contribute significantly to strengthening, expanding, or improving sexual offense education and prevention programs in IHES throughout the nation.

(b) Plan of operation. (30 points) The Secretary reviews each application to determine the quality of the plan of operation for the project, including—

(1) The quality of the design of the project (15 points);

(2) The extent to which the project includes specific intended outcomes that

(i) Will accomplish the purposes of the program;

(ii) Are attainable within the project period, given the project's budget and other resources;

(iii) Are objective and measurable; and

(iv) For a multi-year project, include specific objectives to be met during each annual budget period that can be used to determine the progress of the project toward meeting its intended outcomes (3 points);

(3) The extent to which the plan of management ensures proper and efficient administration of the project (3 points);

(4) The ability of the applicant's plan to use its resources and personnel to achieve each objective and intended outcome during the project period (3 points);

(5) How the applicant will ensure that project participants who otherwise are eligible to participate are selected without regard to race, color, national origin, gender, age, or disabling condition (3 points); and

(6) The adequacy of the resources that the applicant plans to devote to the project, including facilities, equipment, and supplies (3 points).

(c) Coordination with a local rape crisis center. (6 points) The Secretary reviews each application for information that shows the extent to which the project is coordinated with a local rape crisis center, as demonstrated by the center's involvement in

(1) Identifying the needs to be served by the project;

(2) Developing the application; and (3) Operating the project.

(d) Quality of key personnel. (8 points)

(1) The Secretary reviews each application to determine the quality of key personnel the applicant plans to use on the project, including—

(i) The qualifications of the project director (if one is used);

(ii) The qualifications of each of the other key personnel to be used in the project;

(iii) The time that each person referred to in paragraph (d)(1) of this section will commit to the project; and

(iv) How the applicant, as part of its nondiscriminatory employment practices, will ensure that its personnel are selected for employment without regard to race, color, national origin, gender, age, or disabling condition.

(2) In determining the qualifications of key personnel under paragraph (d)(1) of this section, the Secretary consid

ers

(i) Experience and training in fields related to the objectives of the project; and

(ii) Any other qualifications that pertain to the quality of the project.

(e) Budget and cost effectiveness. (6 points) The Secretary reviews each application to determine the extent to which

(1) The budget is adequate to support the project; and

(2) Costs are reasonable in relation to the objectives of the project.

(f) Evaluation plan. (10 points) The Secretary reviews each application to determine the quality of the evaluation plan for the project, including the extent to which the applicant's methods of evaluation—

(1) Are appropriate to the project;

(2) Will determine how successful the project is in meeting its intended outcomes; and

(3) Are objective and produce data that are quantifiable.

(g) Extent of impact. (8 points) The Secretary reviews each application to determine the potential impact of the project. This review includes an examination of both the actual number and percentage of individuals who would be affected by the project.

(h) Continuation of project. (5 points) The Secretary reviews each application to determine the extent to which the applicant's plans demonstrate a commitment to continue the project after