(Article from Dr. DeCesare, Clery Compliance Assistant Director) 

I wanted to provide a federal update that impacts many programs within the institutional compliance program. The U.S. Department of Education issued final regulations adjusting the Department’s civil monetary penalties (CMPs) for inflation, effective April 20, 2022. Below are the adjusted CMPs:

20 U.S.C. 1015(c)(5), Section 131(c)(5) of the HEA

Failure by an IHE to provide information on the cost of higher education to the Commissioner of Education Statistics.
2021: $39,693
New penalty: $42,163 

20 U.S.C. 1022d(a)(3), Section 205(a)(3) of the HEA
Failure by an IHE to provide information to the State and the public regarding its teacher-preparation programs.
2021: $33,062
New penalty: $35,119

20 U.S.C. 1082(g), Section 432(g) of the HEA
Violations by lenders and guaranty agencies of Title IV of the HEA, which authorizes the Federal Family Education Loan Program.
2021: $59,017
New penalty: $62,689

20 U.S.C. 1094(c)(3)(B), Section 487(c)(3)(B) of the HEA
Violation of Title IV of the HEA or its implementing regulations. This impacts all programs that are included in the program participation agreement (PPA), including Clery.
2021: $59,017
New penalty: $62,689

20 U.S.C. 1228c(c)(2)(E), Section 429 of the General Education Provisions Act
Violations of educational organization’s failure to disclose certain information to minor students and their parents.
2021: $1,742
New penalty: $1,850

31 U.S.C. 1352(c)(1) and (c)(2)(A)
Fine for recipients of Government grants, contract, etc that improperly lobby Congress or the Executive Branch with respect to the award of Government grants and contracts.
2021: $20,731-207,314
New penalties: $22,021-220,213

31 U.S.C. 3802(a)(1) and (a)(2)

False claims and statements made to the Government.
2021: $11,803
New penalty: $12,537

For more information, the final regulation on the Federal Register can be accessed here: https://www.federalregister.gov/documents/2022/04/20/2022-08222/adjustment-of-civil-monetary-penalties-for-inflation