Campus Sexual Violence Elimination Act or Campus SaVE Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require each institution of higher education (IHE) participating in a title IV program (except foreign schools) to include in its annual security report a statement of policy regarding its sexual assault and other intimate partner violence programs and the procedures it follows when such an offense occurs.
Requires such procedures to include the provision, in writing, to students or employees that report to the IHE that they have been the victim of such an offense: (1) an explanation of their right to notify proper law enforcement authorities and their option to be assisted by campus authorities in doing so; (2) an explanation of their right to obtain protective orders or enforce protective orders that are already in existence, which the IHE must honor; and (3) contact information for victim services on-campus and in the locality.
Requires an IHE's policy regarding sexual assault and other intimate partner violence to include: (1) education that promotes awareness of the offenses; (2) possible sanctions imposed following disciplinary action; (3) procedures victims should follow after such an offense occurs; (4) on-campus disciplinary procedures; and (5) the notification of victims regarding their options for, and assistance in, changing academic, living, transportation, and working situations.
Directs the Secretary of Education to seek the Attorney General's counsel regarding the development, and dissemination to IHEs, of best practices for preventing and responding to sex offenses and other intimate partner violence.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6461 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 6461
To amend the Higher Education Act of 1965 to improve education and
prevention related to campus sexual violence, intimate partner
violence, and stalking.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 30, 2010
Mr. Perriello (for himself, Mr. Costa, Mr. Duncan, Mr. Grijalva, Mr.
Kratovil, and Mr. McGovern) introduced the following bill; which was
referred to the Committee on Education and Labor
_______________________________________________________________________
A BILL
To amend the Higher Education Act of 1965 to improve education and
prevention related to campus sexual violence, intimate partner
violence, and stalking.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Campus Sexual Violence Elimination
Act'' or the ``Campus SaVE Act''.
SEC. 2. CAMPUS SEXUAL VIOLENCE, INTIMATE PARTNER VIOLENCE, AND STALKING
EDUCATION AND PREVENTION.
Section 485(f) of the Higher Education Act of 1965 (20 U.S.C.
1092(f)) is amended--
(1) by amending paragraph (8) to read as follows:
``(8)(A) Each institution of higher education participating in any
program under this title, other than a foreign institution of higher
education, shall develop and distribute as part of the report described
in paragraph (1) a statement of policy regarding--
``(i) such institution's sexual assault and other intimate
partner violence programs, which shall be aimed at prevention
of sex offenses and other intimate partner violence, including
stalking, dating violence, sexual violence, and domestic
violence offenses;
``(ii) the procedures followed once a sex offense or other
intimate partner violence, including stalking, dating violence,
sexual violence, or domestic violence offenses has occurred,
which shall include--
``(I) providing, in writing, to each student or
employee who reports to the institution that he or she
has been a victim of a sex offense or other intimate
partner violence--
``(aa) an explanation of the right of
victims of such offenses to notify proper law
enforcement authorities, including on-campus
and local police, and the option to be assisted
by campus authorities in notifying such
authorities, if the student or employee so
chooses;
``(bb) an explanation of the right of
victims of such offenses, when relevant, to
obtain an order of protection, no contact
order, restraining order, or similar lawful
order issued by a criminal or civil court or
enforce an order already in existence; and
``(cc) contact information for advocacy,
counseling, health, mental health, legal
assistance and other services available to
victims both on-campus and in the local
community; and
``(II) the institution honoring any order of
protection, no contact order, restraining order, or
similar lawful order issued by any criminal or civil
court.
``(B) The policy described in subparagraph (A) shall address the
following areas:
``(i) Education programs to promote the awareness of sex
offenses and other intimate partner violence, including
stalking, dating violence, sexual violence, and domestic
violence offenses, which shall include--
``(I) primary prevention and awareness programming
for all incoming students and new employees, including
information about--
``(aa) the definition of consent in sexual
relationships;
``(bb) reporting such sex offenses,
including those offenses occurring on and off
campus;
``(cc) bystander intervention; and
``(dd) risk reduction; and
``(II) ongoing prevention and awareness campaigns
to students and faculty, including information
described in items (aa) through (dd) of subclause (I).
``(ii) Possible sanctions to be imposed following the final
determination of an institutional disciplinary procedure
regarding sex offenses or other intimate partner violence.
``(iii) Procedures victims should follow if a sex offense
described in clause (ii) occurs, including who should be
contacted, the importance of preserving evidence as may be
necessary to the proof of criminal sexual assault, and to whom
the alleged offense should be reported.
``(iv) Procedures for on-campus disciplinary action in
cases of an alleged sexual offense or other intimate partner
violence, including stalking, dating violence, sexual violence,
or domestic violence offenses, which shall include a clear
statement that--
``(I) any accuser shall have the opportunity to
request that prompt disciplinary proceedings be
initiated against the accused;
``(II) such proceedings shall--
``(aa) be conducted by officials trained to
understand the issues of sex offenses and other
intimate partner violence; and
``(bb) use the preponderance of the
evidence standard;
``(III) the accuser and the accused are entitled to
the same opportunities to have others present during an
institutional disciplinary proceeding, including the
opportunity to be accompanied to any related meeting or
proceeding by an advisor of their choice; and
``(IV) both the accuser and the accused shall be
informed, in writing, of the final results of any
institutional disciplinary proceeding brought alleging
a sex offense or other intimate partner violence within
one business day of such outcome being reached.
``(v) A student or employee who reports to the institution
that he or she have been the victim of a sex offense or
intimate partner violence shall receive notification of options
for, and available assistance in, changing academic, living,
transportation, and working situations, if such assistance is
requested by the student or employee and if such accommodations
are reasonably available.
``(C) Nothing in this paragraph shall be construed to confer a
private right of action upon any person to enforce the provisions of
this paragraph.'';
(2) in paragraph (6), by adding at the end of subparagraph
(A) the following new clauses:
``(iv) The term `intimate partner
violence'--
``(I) means any physical, sexual,
or psychological harm against an
individual by a current or former
partner or spouse of the individual;
``(II) includes stalking, dating
violence, sexual violence, or domestic
violence offense;
``(III) includes such harm against
individuals in heterosexual and same-
sex relationships; and
``(IV) does not require sexual
intimacy between the individual and
such partner or spouse.
``(v) The term `stalking' means an
individual willfully and repeatedly engaging in
a knowing course of harassing conduct directed
at another individual that reasonably and
seriously alarms, torments, or terrorizes such
individual.
``(vi) The term `primary prevention' means
programming and strategies intended to stop
sexual and intimate partner violence before it
occurs through the changing of social norms and
other approaches.
``(vii) The term `awareness programming'
means any program designed to alert students to
the prevalence of intimate partner violence,
sexual violence, and stalking, including--
``(I) discussions of the nature and
number of cases of intimate partner
violence, sexual violence, forcible sex
offenses, and stalking reported at an
institution of higher education in the
3 preceding calendar years;
``(II) statistics on the outcomes
of disciplinary proceedings for such
cases at such institution; and
``(III) risk factors associated
with such cases, including physically,
sexually, and psychologically
controlling behavior.
``(viii) The term `bystander intervention'
means safe and positive options that may be
carried out by an individual to prevent or
intervene when there is a risk of sexual
violence against a person other than such
individual.
``(ix) The term `risk reduction' means
options for recognizing warning signs of
abusive personalities and how to fight back
against potential attackers.
``(x) The term `final results' means a
decision or determination, made by an honor
court or council, committee, commission, or
other entity authorized to resolve disciplinary
matters within the institution. The disclosure
of final results shall include only the name of
the accused, the violation alleged (including
any institutional rules or code sections that
were allegedly violated), essential findings
supporting such final result, and any sanction
imposed by the institution against the accused
(including a description of any disciplinary
action taken by the institution, the date of
the imposition of such action, and the duration
of such action).''; and
(3) by adding at the end of paragraph (16) the following
new sentence: ``The Secretary shall seek the advice and counsel
of the Attorney General concerning the development, and
dissemination to institutions of higher education, of best
practices information about preventing and responding to
incidents of sex offenses, forcible and nonforcible, and other
intimate partner violence including stalking, dating violence,
sexual violence, and domestic violence offenses.''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall take effect with respect to
any annual security report under section 485(f)(1) of the Higher
Education Act of 1965 (20 U.S.C. 1092(f)(1)) prepared by an institution
of higher education in calendar year 2012 and any subsequent calendar
year.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and Labor.
Sponsor introductory remarks on measure. (CR E2055-2056)
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