Page:United States Statutes at Large Volume 112 Part 2.djvu/861

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PUBLIC LAW 105-244 —OCT. 7, 1998 112 STAT. 1745 "(10) Nothing in this section shall be construed to require the reporting or disclosure of privileged information. "(11) The Secretary shall report to the appropriate committees Reports, of Congress each institution of higher education that the Secretary determines is not in compliance with the reporting requirements of this subsection. "(12) For purposes of reporting the statistics with respect to crimes described in paragraph (1)(F), an institution of higher education shall distinguish, by means of separate categories, any criminal offenses that occur— "(A) on campus; "(B) in or on a noncampus building or property; "(C) on public property; and "(D) in dormitories or other residential facilities for students on campus. "(13) Upon a determination pursuant to section 487(c)(3)(B) that an institution of higher education has substantially misrepresented the number, location, or nature of the crimes required to be reported under this subsection, the Secretsiry shall impose a civil penalty upon the institution in the same amount and pursuant to the same procedures as a civil penalty is imposed under section 487(c)(3)(B). "(14XA) Nothing in this subsection may be construed to— "(i) create a cause of action against any institution of higher education or any employee of such an institution for any civil liability; or "(ii) establish any standard of care. "(B) Notwithstanding any other provision of law, evidence regarding compliance or noncompliance with this subsection shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity, except with respect to an action to enforce this subsection. "(15) This subsection may be cited as the 'Jeanne Clery Disclo- Short title, sure of Campus Security Policy and Campus Crime Statistics Act'.**. (f) DATA REQUIRED.—Section 485(g) is amended— 20 USC 1092. (1) in paragraph (1), by adding at the end the following: "(I)(i) The total revenues, and the revenues from football, men's basketball, women's basketball, all other men's sports combined and all other women's sports combined, derived by the institution from the institutions intercollegiate athletics activities. "(ii) For the purpose of clause (i), revenues from intercollegiate athletics activities allocable to a sport shall include (without limitation) gate receipts, broadcast revenues, appearance guarantees and options, concessions, and advertising, but revenues such as student activities fees or alumni contributions not so allocable shall be included in the calculation of total revenues only. "(J)(i) The total expenses, and the expenses attributable to footbsdl, men's basketball, women's basketball, all other men's sports combined, and all other women's sports combined, made by the institution for the institution's intercollegiate athletics activities. "(ii) For the purpose of clause (i), expenses for intercollegiate athletics activities allocable to a sport shall include (without limitation) grants-in-aid, salaries, travel, equipment, and supplies, but expenses such as general