---
kind: "section"
citation: "34 C.F.R. § 86.301"
title: "34"
number: "86.301"
heading: "What actions may the Secretary take if an IHE violates this part?"
url: "https://uscodex.org/cfr/34/86.301"
---

# §86.301. What actions may the Secretary take if an IHE violates this part?

- (a) If an IHE violates its certification, the Secretary may issue a response to the IHE. A response may include, but is not limited to—
  - (1) Provision of information and technical assistance; and
  - (2) Formulation of a compliance agreement designed to bring the IHE into full compliance with this part as soon as feasible.
- (b) If an IHE receives any form of Federal financial assistance without having submitted a certification or violates its certification, the Secretary may impose one or more sanctions on the IHE, including—
  - (1) Repayment of any or all forms of Federal financial assistance received by the IHE when it was in violation of this part; and
  - (2) **The termination of any or all forms of Federal financial assistance that—**
    - (i)
      - (A) Except as specified in [paragraph (b)(2)(ii)](#b-2-ii) of this section, ends an IHE's eligibility to receive any or all forms of Federal financial assistance. The Secretary specifies which forms of Federal financial assistance would be affected; and
      - (B) Prohibits an IHE from making any new obligations against Federal funds; and
    - (ii) For purposes of an IHE's participation in the student financial assistance programs authorized by title IV of the Higher Education Act of 1965 as amended, has the same effect as a termination under [34 CFR 668.94](/cfr/34/668.94.md).

## Notes

### Amendments

[55 FR 33581, Aug. 16, 1990, as amended at 61 FR 66225, Dec. 17, 1996]

### Authority

Authority: 20 U.S.C. 1145g, unless otherwise noted.

### Source

Source: 55 FR 33581, Aug. 16, 1990, unless otherwise noted.

### Amendments

[55 FR 33581, Aug. 16, 1990, as amended at 61 FR 66225, Dec. 17, 1996]