Protecting Victims on Campus Act of 2012 - Amends the Higher Education Act of 1965 to revise provisions that require each institution of higher education (IHE) participating in a title IV (Student Assistance) program to comply with certain crime reporting requirements.
Requires IHEs to provide students and employees with a list of the titles, in each department of the IHE, of each individual who is a campus security authority to whom they should report specified criminal offenses.
Includes criminal offenses involving minors that are reported to campus security authorities or the local police among the criminal offenses that are to be included in: (1) the annual campus security report provided to current and prospective students and employees, and (2) the timely reports to the campus community on crimes considered to be a threat to the community.
Requires the personally identifiable information of victims to be kept confidential when IHEs are making timely reports to the campus community on crimes considered to be a threat to the community.
Requires IHEs, in carrying out their obligation to make such timely reports, to: (1) designate an individual to serve as campus security authority coordinator, and (2) provide for the training of that coordinator and the campus security authorities.
Directs the Secretary of Education, when imposing civil penalties on IHEs for substantial violations of the crime reporting requirements, to distinguish between IHEs that intentionally violated those requirements and those whose violations are attributable to institutional neglect.
Requires the Secretary to provide each IHE that is to be investigated for violating such reporting requirements with a timeline of the investigation and a preliminary report that includes the reasons for the investigation.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5844 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 5844
To amend the Jeanne Clery Disclosure of Campus Security Policy and
Campus Crime Statistics Act to provide further clarity for institutions
of higher education, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 18, 2012
Mr. Meehan (for himself, Mr. Carney, Mrs. Emerson, Mr. Brady of
Pennsylvania, Mr. Issa, and Mr. Platts) introduced the following bill;
which was referred to the Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To amend the Jeanne Clery Disclosure of Campus Security Policy and
Campus Crime Statistics Act to provide further clarity for institutions
of higher education, and for other purposes.
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 ``Protecting Victims on Campus Act of
2012''.
SEC. 2. DISCLOSURE OF CAMPUS SECURITY POLICY AND CAMPUS CRIME
STATISTICS.
Section 485(f) of the Higher Education Act of 1965 (20 U.S.C.
1092(f)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by inserting before the
semicolon the following: ``, and making available to
students and employees a list of the titles, in each
department of the institution, of each individual who
is a campus security authority to whom students and
employees should report the criminal offenses described
in subparagraph (F)''; and
(B) in subparagraph (F)(i)--
(i) by striking ``and'' at the end of
subclause (VIII); and
(ii) by adding the following at the end:
``(X) criminal offenses involving
minors; and'';
(2) by repealing paragraph (2);
(3) in paragraph (3)--
(A) by striking ``Each'' and inserting ``(A)
Each'';
(B) by inserting ``, that keeps confidential the
personally identifiable information of victims,'' after
``that is timely''; and
(C) by adding at the end the following:
``(B) In carrying out the requirements of
subparagraph (A), an institution shall--
``(i) designate an individual who is
familiar with the requirements of this
subsection to serve as a campus security
authority coordinator to--
``(I) oversee campus security
authorities;
``(II) solicit and compile the
crimes described in subparagraph (F) of
paragraph (1) reported to such
authorities for the purpose of
including such information in the
timely reports required under this
paragraph; and
``(III) ensure that when a crime of
violence (as defined in section 16 of
title 18, United States Code) is
reported to a campus security
authority, the authority reports the
crime to local law police agencies;
``(ii) establish policies or procedures for
training campus security authorities and the
campus security authority coordinator; and
``(iii) employ or designate an individual
or other entity to conduct such training using
the policies or procedures established under
clause (ii), upon receiving approval from the
Secretary for such individual or other entity
to conduct such training.'';
(4) in paragraph (13)--
(A) by striking ``Upon'' and inserting ``(A)
Upon'';
(B) by inserting ``which distinguishes between
institutional neglect and intentional misrepresentation
or withholding of information,'' after ``this
subsection,'';
(C) by inserting ``, except that the Secretary
shall impose a larger civil penalty in the case of an
institution of higher education determined to have
intentionally violated this subsection, as compared to
an institution of higher education that violated this
subsection as a result of institutional neglect. An
intentional violation of this subsection by an
institution of higher education shall be subject to
criminal prosecution'' after ``under section
487(c)(3)(B)''; and
(D) by adding at the end the following:
``(B) Prior to making a determination described in
subparagraph (A) with respect to an institution of
higher education, the Secretary shall--
``(i) conduct an investigation with respect
to the institution; and
``(ii) provide the institution with a
timeline of the investigation and a preliminary
report that includes the reasons for conducting
such investigation.''; and
(5) in paragraph (17), before the period insert the
following: ``or any individual because such individual provided
information or made a complaint to a law enforcement agency
relating to the implementation of any provision of this
subsection, provided that the individual acted in good faith
when providing such information or making such complaint''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
Referred to the Subcommittee on Higher Education and Workforce Training.
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