Page:United States Statutes at Large Volume 86.djvu/323

 86 STAT. ]

PUBLIC LAW 92-318-JUNE 23, 1972

281

" TRANSFERS B E T W E E N I'RCKiR.VMS

"SEC. 496. U p to 10 per centum of the allotment of an institution of higher education for a fiscal year under section 413D or 442 of this Act, 270"'*' ^^' ^^*' may be transferred to, and used for the purposes of, the institution's allotment under the other section witiiin the discretion of such institution in order to offer an arrangement of types of aid. including institutional and State aid, which best fits the needs of each individual student. The Commissioner shall have no control over such transfer, except as specifically authorized, except for the collection and dissemination of information.". (b) The amendment made by subsection (a) of this section shall Effective date. l)ecome effective with respect to fiscal years ending after June 80, 1972. E L I G I B I L I T Y FOR S T U D E N T ASSISTANCE

SEC. 139B. (a) Part F of title IV of the Higher Education Act of 1965 is further amended by inserting after section 496, the followingnew section: " E L I G I B I L I T Y FOR S T U D E N T

ASSISTANCE

"SEC. 497. (a) If an institution of higher education determines, after affording notice and opportunity for hearing to an individual attending, or employed by, such institution, that such individual has been convicted by any court of record of any crime which was committed after June 30, 1972, and which involved the use of (or assistance to others in the use of) force, disruption, or the seizure of property under control of any institution of higher education to prevent officials or students in such institution from engaging in their duties or pursuing their studies, and that such crime was of a serious nature and contributed to a substantial disruption of the administration of the institution with respect to which such crime Avas committed, then the institution which such individual attends, or is employed by, shall deny for a period of two yeare any further payment to, or for the direct benefit of, such individual under any of the programs authorized under this title. If an institution denies an individual assistance under the authority of the preceding sentence of this subsection, then any institution which such individual subsequently attends shall deny for the remainder of the two-year period any further payment to, or for the direct benefit of, such individual under any program authorized by this title. "(b) If an institution of higher education determines, after affording notice and opportunity for hearing to an individual attending, or employed by, such institution, that such individual has willfully refused to obey a lawful regulation or order of such institution after June 30, 1972, and that such refusal was of a serious nature and contributed to a substantia] disruption of the administration of such institution, then such institution shall deny, for a period of two years, any further payments to, or for the direct benefit of, such individual under any program authorized by this title. "(c)(1) Nothing in this section shall be construed to prohibit any institution of higher education from refusing to award, continue, or extend any financial assistance under this title to any individual because of any misconduct which in its judgment bears adversely on his fitness for such assistance. "(2) Nothing in this section shall be construed as limiting or prejudicing the rights and prerogatives of any institution of higher education to institute and carry out an independent, disciplinary proceeding pursuant to existing authority, practice, and law..

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