Campus Accountability and Safety Act - Amends provisions of the Higher Education Act of 1965 known as the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act to require institutions of higher education (IHEs) that participate in title IV (Student Assistance) programs to include in their annual campus security reports provided to current and prospective students and employees:
Requires the crime statistics that IHEs are to compile and provide in such reports to be compiled in accordance with:
Prohibits the statistics for such other crimes from identifying the victims or persons accused of such crimes.
Requires IHEs to provide new students and employees with a statement that identifies domestic violence, dating violence, sexual assault, and stalking as crimes which will be reported and with respect to which, based on the victim's wishes, the IHE will cooperate with local law enforcement.
Directs the Secretary to develop and administer through an online portal a standardized, online, and annual survey of students regarding their experiences with sexual violence and harassment. Omits survey responses from the annual crime statistics IHEs must report, but requires the Secretary to publish survey information that includes campus-level data for each school on the Department of Education's website annually.
Requires the Department to make publicly available guidance regarding the intersection of the campus security and crime statistics reporting requirements under title IV and requirements under title IX of the Education Amendments of 1972.
Authorizes the Secretary to impose a civil penalty upon IHEs that fail to carry out campus security and crime statistics reporting requirements.
Requires each IHE that receives federal funding to establish a campus security policy that includes:
Amends the Education Amendments of 1972 to require the Secretary to establish a title IX website that includes:
Requires each IHE to employ an individual who shall complete minimum training requirements and be responsible for: (1) reporting cases of sexual harassment to the title IX coordinator; and (2) providing students and employees who report having been a victim of sexual harassment on or off campus with a written explanation of their rights and options.
Requires each individual who is involved in implementing an IHE's grievance procedures to have training or experience in handling sexual violence complaints and the operations of the IHE's grievance procedures. Sets forth minimum training requirements.
Requires each IHE that receives federal funding to establish and carry out a uniform process for disciplinary proceedings relating to claims of sexual violence that shall not vary based on the status or characteristics of a student involved in the process.
Authorizes: (1) the Secretary or the Attorney General (DOJ) to impose a civil penalty on IHEs that violate or fail to carry out title IX requirements regarding sexual violence, and (2) individuals to file a complaint regarding such a violation with the Department's Office for Civil Rights.
Amends the Violence Against Women and Department of Justice Reauthorization Act of 2005 to: (1) increase the minimum grant that may be provided to IHEs to combat domestic violence, dating violence, sexual assault, and stalking on campuses; and (2) authorize the use of such grants to train campus personnel in conducting victim-centered, trauma-informed (forensic) interviews.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5354 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 5354
To amend the Higher Education Act of 1965 and the Jeanne Clery
Disclosure of Campus Security Policy and Campus Crime Statistics Act to
combat campus sexual violence, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 31, 2014
Mrs. Carolyn B. Maloney of New York (for herself, Mr. Meehan, Mr. Poe
of Texas, Mrs. Bustos, Ms. Moore, Ms. Bonamici, Mrs. Brooks of Indiana,
Mrs. Ellmers, Ms. Jenkins, Mrs. Capito, Mrs. Noem, Ms. Roybal-Allard,
Mr. Reed, Mr. Scott of Virginia, Ms. Frankel of Florida, Mr. Joyce, Ms.
Kuster, and Mr. Peters of Michigan) introduced the following bill;
which was referred to the Committee on Education and the Workforce, and
in addition to the Committee on the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend the Higher Education Act of 1965 and the Jeanne Clery
Disclosure of Campus Security Policy and Campus Crime Statistics Act to
combat campus sexual violence, 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 ``Campus Accountability and Safety
Act''.
SEC. 2. AMENDMENTS TO THE CLERY ACT.
Section 485(f) of the Higher Education Act of 1965 (20 U.S.C.
1092(f)) (known as the Jeanne Clery Disclosure of Campus Security
Policy and Campus Crime Statistics Act) is amended--
(1) in paragraph (1)--
(A) by inserting ``and on the website of the
institution'' after ``through appropriate publications
or mailings'';
(B) in subparagraph (C), by striking clause (ii)
and inserting the following:
``(ii) the memorandum of understanding between the
institution and local law enforcement that is required
under section 124 (or, if such requirement has been
waived, a description of the working relationship of
campus security personnel with State and local law
enforcement agencies); and''; and
(C) by adding at the end the following:
``(K)(i) With respect to the criminal activity
described in subparagraph (F)(i)(II), the eligible
institution shall prepare by not later than 1 year
after the date of enactment of the Campus
Accountability and Safety Act, and annually thereafter,
the following additions:
``(I) The number of cases that were
investigated by the institution.
``(II) The number of cases that were
referred for a disciplinary proceeding at the
institution.
``(III) The number of cases that were
referred to local or State law enforcement.
``(IV) The number of alleged perpetrators
that were found responsible by the disciplinary
proceeding at the institution.
``(V) The number of alleged perpetrators
that were found not responsible by the
disciplinary proceeding at the institution.
``(VI) A description of the final sanctions
imposed by the institution for each offense
perpetrated.
``(VII) The number of disciplinary
proceedings at the institution that have closed
without resolution.
``(ii) The Secretary shall provide technical
assistance to eligible institutions to assist in
meeting such additional preparation obligations.'';
(2) by striking paragraph (7) and inserting the following:
``(7)(A) The statistics described in clauses (i) and (ii)
of paragraph (1)(F)--
``(i) shall not identify victims of crimes or
persons accused of crimes; and
``(ii) shall be compiled in accordance with the
following definitions:
``(I) For the offenses of domestic
violence, dating violence, and stalking, such
statistics shall be compiled in accordance with
the definitions used in section 40002(a) of the
Violence Against Women Act of 1994 (42 U.S.C.
13925(a)).
``(II) For offenses not described in
subclause (I), such statistics shall be
compiled in accordance with--
``(aa) either the National
Incident-Based Reporting System or the
Uniform Crime Reporting Program of the
Federal Bureau of Investigation, if a
definition is available; and
``(bb) if an offense is not defined
in either the National Incident-Based
Reporting System or the Uniform Crime
Reporting Program of the Federal Bureau
of Investigation, a definition provided
by the Secretary.
``(B) The Secretary shall establish and make publicly
available a definition for any offense that--
``(i) is required to be reported in accordance with
paragraph (1)(F);
``(ii) is not an offense described in subparagraph
(A)(ii)(I); and
``(iii) is not defined in either the National
Incident-Based Reporting System or the Uniform Crime
Reporting Program of the Federal Bureau of
Investigation.'';
(3) in paragraph (8)(B)(i)--
(A) in the matter preceding subclause (I), by
inserting ``, developed in consultation with local,
State, and national sexual assault, dating violence,
domestic violence, and stalking victim advocacy, victim
services, or prevention organizations, and local law
enforcement,'' after ``Education programs''; and
(B) in subclause (I)(aa), by inserting ``,
including the fact that these are crimes for the
purposes of this subsection and reporting under this
subsection and the institution of higher education
will, based on the victim's wishes, cooperate with
local law enforcement with respect to any alleged
criminal offenses involving students or employees of
the institution of higher education'' after
``stalking'';
(4) by redesignating paragraph (18) as paragraph (22); and
(5) by inserting after paragraph (17) the following:
``(18) The individual at an institution of higher education
that is designated as a responsible employee, as defined in
section 901(e) of the Education Amendments of 1972, shall be
considered a campus security authority, as defined in section
668.46(a) of title 34, Code of Federal Regulations.
``(19)(A) The Secretary shall, in consultation with the
Attorney General, develop, design, and administer through an
online portal, a standardized, online survey of students
regarding their experiences with sexual violence and
harassment. The survey shall be administered every year. The
survey shall not include any personally identifiable
information. The Secretary shall develop such survey tool using
best practices from peer-reviewed research measuring sexual
violence and harassment. In addition to the standardized
questions developed by the Secretary, institutions completing
the survey may request additional information from students
that would increase the institutions' understanding of school
climate factors unique to their campuses.
``(B) In carrying out subparagraph (A), the Secretary shall
require each institution participating in any program under
this title, to ensure that an adequate, random, and
representative sample size of students enrolled at the
institution complete the survey described in subparagraph (A)
not later than 1 year after the date of enactment of the Campus
Accountability and Safety Act.
``(C) Responses to the survey shall be submitted
confidentially and shall not be included in crime statistics
reported under this subsection. In addition, questions should
be designed to gather information on survivor experiences, and
shall therefore use trauma-informed language to prevent re-
traumatization.
``(D) The survey described in subparagraph (A) shall
include, but is not limited to, the following topics:
``(i) Those designed to determine the incidence and
prevalence of sexual violence, dating violence,
domestic violence, and stalking.
``(ii) Those on whether students know about
institutional policies and procedures.
``(iii) Those on, if victims reported the violence,
to whom and what response did they receive and if they
were informed of, or referred to, local, State, on-
campus, and or national resources.
``(iv) Those on contextual factors, such as whether
force, incapacitation, or coercion was involved.
``(v) Those on whether the assailant was a student.
``(vi) Those on whether the victim was referred to
local or State law enforcement.
``(E) The Secretary shall tabulate and publish an annual
report on the information gained from the survey under this
paragraph on the website of the Department and submit such
report to Congress. The report shall include campus-level data
for each school and attributed by name of each campus.
``(20) Not later than 180 days after the date of enactment
of the Campus Accountability and Safety Act, the Assistant
Secretary for Postsecondary Education of the Department and the
Assistant Secretary for Civil Rights of the Department shall
jointly develop and make publicly available guidance regarding
the intersection between this subsection and title IX of the
Education Amendments of 1972, in order to clarify how the
provisions of this subsection and such title shall be carried
out. The guidance shall include clarifying language on how this
subsection and such title IX interact pertaining to sexual
violence, and shall clarify and resolve any potential
discrepancies or inconsistencies between the two.
``(21) Notwithstanding any other provision of this Act,
upon determination, after reasonable notice and opportunity for
a hearing, that an eligible institution has violated or failed
to carry out any provision of this subsection, or agreement
made to resolve a compliance review under this subsection, or
any regulation prescribed under this subsection, the Secretary
may impose a civil penalty upon such institution not to exceed
$150,000, which shall be adjusted for inflation annually, for
each violation or misrepresentation, or per month a survey is
not completed at the standard required. The Secretary may use
any such civil penalty funds to enforce and administer the
provisions of this subsection.''.
SEC. 3. COORDINATION WITH LOCAL LAW ENFORCEMENT.
(a) In General.--Part B of title I of the Higher Education Act of
1965 (20 U.S.C. 1011 et seq.) is amended by adding at the end the
following:
``SEC. 124. COORDINATION WITH LOCAL LAW ENFORCEMENT.
``Each institution of higher education that receives funds or any
other form of financial assistance under any Federal program, including
participation in any federally funded or guaranteed student loan
program, shall enter into, and update every 2 years, a memorandum of
understanding with all applicable local law enforcement agencies to
clearly delineate responsibilities and share information, in accordance
with applicable Federal confidentiality laws, about certain serious
crimes that shall include, but not be limited to, sexual violence,
occurring against students of the institution or against other
individuals on the campus of the institution. The memorandum of
understanding shall include, but is not limited to--
``(1) delineation and sharing protocols of investigative
responsibilities;
``(2) protocols for investigations, including standards for
notification and communication and measures to promote evidence
preservation;
``(3) agreed upon training and requirements for the
institution on issues related to sexual violence; and
``(4) a method of sharing information about specific
crimes, when directed by the victim, and a method of sharing
crime details anonymously in order to better protect overall
campus safety.''.
(b) Effective Date and Penalty.--
(1) Effective date.--The amendment made by subsection (a)
shall take effect on the date that is 1 year after the date of
enactment of this Act.
(2) Penalty.--The Secretary of Education--
(A) may impose a civil penalty of not more than 1
percent of an institution's operating budget, as
defined by the Secretary of Education, each year that
the institution of higher education fails to carry out
the requirements of section 124 of the Higher Education
Act of 1965, as added by subsection (a), by the date
that is 1 year after the date of enactment of this Act;
and
(B) may waive the penalty pursuant to paragraph
(3).
(3) Waiver.--
(A) In general.--If local law enforcement refuses
to enter into a memorandum of understanding under
section 124 of the Higher Education Act of 1965, as
added by subsection (a), the Secretary of Education may
waive the penalty under paragraph (2) if the
institution certifies why the institution was unable to
obtain an agreement and that the institution acted in
good faith, and submits to the Secretary a copy of the
institution's final offer that was ultimately rejected.
The Secretary of Education will then have the
discretion to grant the waiver.
(B) Referral to department of justice.--The
Secretary of Education shall refer to the Attorney
General a copy of each waiver granted under paragraph
(2)(B) and the reason, the Secretary has determined,
why local law enforcement refuses to enter into a
memorandum of understanding.
(C) Administrative review.--If the Secretary of
Education does not grant a waiver under paragraph
(2)(B), the institution may submit additional
information to receive such waiver. If, after
submitting additional information, the Secretary still
does not grant a waiver under paragraph (2)(B), the
decision of the Secretary shall be subject to review
pursuant to section 706(2)(A) of title 5, United States
Code.
(4) Voluntary resolution.--Nothing in this subsection shall
prevent the Secretary of Education from entering into a
voluntary resolution with an institution of higher education
that fails to carry out the requirements of section 124 of the
Higher Education Act of 1965, as added by subsection (a), by
the date that is 1 year after the date of enactment of this
Act.
(c) Negotiated Rulemaking.--The Secretary of Education shall
establish regulations to carry out the this section and the amendment
made by this section in accordance with the requirements described
under section 492 of the Higher Education Act of 1965 (20 U.S.C.
1098a).
SEC. 4. UNIVERSITY SUPPORT FOR SURVIVORS OF SEXUAL VIOLENCE.
(a) In General.--Part B of title I of the Higher Education Act of
1965 (20 U.S.C. 1011 et seq.) is further amended by adding after
section 124 (as added by section 3), the following:
``SEC. 125. UNIVERSITY SUPPORT FOR SURVIVORS OF SEXUAL VIOLENCE.
``Each institution of higher education that receives funds or any
other form of financial assistance under any Federal program, including
participation in any federally funded or guaranteed student loan
program, shall establish a campus security policy that includes the
following:
``(1) The designation of 1 or more confidential advisor
roles at the institution to whom victims of crime can report
anonymously or directly, that complies with the following:
``(A) The confidential advisor shall not be a
student, an employee designated as a responsible
employee under title IX of the Education Amendments of
1972, or the title IX coordinator, but may have other
roles at the institution.
``(B) The Secretary shall designate existing
categories of employees that may serve as confidential
advisors. Such designation shall not preclude the
institution from designating new or existing employees
or partnering with local, State, or national victim
services organizations to serve as confidential
advisors or to serve in other confidential roles.
``(C) The confidential advisor shall be trained to
perform a victim-centered, trauma-informed (forensic)
interview, which shall focus on the experience of the
victim. The confidential advisor may perform the
interview for which the goal is to elicit information
about the traumatic event in question so that the
interview can be used in either a campus or criminal
investigation or disciplinary proceeding.
``(D) The confidential advisor shall inform the
victim of the victim's control over possible next steps
regarding the victim's reporting options and the
consequences of those options, including, but not
limited to, the option to conduct a forensic interview
with the option to have the forensic interview be
recorded, the option to receive a copy of the recorded
forensic interview with the option to notify a
responsible employee and initiate a campus disciplinary
proceeding, the option to notify local law enforcement
and initiate a criminal investigation, the option to
grant campus disciplinary officials access to the
forensic interview, and the option to grant law
enforcement officials access to the forensic interview.
The confidential advisor shall assist in conducting a
forensic interview, making notifications, and granting
access to a forensic interview as directed by the
victim.
``(E) The confidential advisor shall liaise with
campus or local law enforcement when directed by the
victim, and, as appropriate, may assist the victim in
contacting and reporting to campus or local law
enforcement.
``(F) The confidential advisor shall be authorized
by the institution to arrange reasonable accommodations
through the institution to allow the victim to change
living arrangements or class schedules, or obtain
accessibility services, and make other changes.
``(G) The confidential advisor shall also advise
the victim of both the victim's rights and the
institution's responsibilities regarding orders of
protection, no contact orders, restraining orders, or
similar lawful orders issued by the institution or a
criminal, civil, or tribal court.
``(H) The confidential advisor shall not be
obligated to report crimes to the institution or law
enforcement, unless otherwise required to do so by
State law, and shall provide confidential services to
students and employees. Requests for arrangement made
by a confidential advisor do not constitute notice to a
responsible employee for title IX purposes, even when
such advisors work only in the area of sexual assault.
``(I) The name and contact information for the
confidential advisor, as well as a victims' reporting
options, the process of investigation and adjudication
both by the institution and by law enforcement, and
potential reasonable accommodations, which shall be
listed on the website of the institution.
``(J) The institution may partner with an outside
victim advocacy organization to provide the service
described in this subparagraph.
``(K) Each institution that enrolls fewer than
1,000 students may partner with another institution in
their region or State to provide the services described
in this subparagraph.
``(L) The institution shall appoint an adequate
number of confidential advisors not later than the
earlier of--
``(i) 1 year after the Secretary determines
through a negotiated rulemaking process what an
adequate number of confidential advisors is for
an institution based on its size; or
``(ii) 3 years after the date of enactment
of the Campus Accountability and Safety Act.
``(2) The institution may provide an online reporting
system to collect anonymous disclosures of crimes. The victim
may submit an anonymous report but the institution would only
be obligated to investigate when a formal report is submitted
to a responsible employee.
``(3) The telephone number and URL for a local, State, or
national hotline providing information to sexual violence
victims shall be clearly communicated on the website of the
institution and updated on a timely basis.
``(4) The name and location of the nearest medical facility
where an individual may have a rape kit administered by a
trained sexual violence forensic nurse shall be included on the
website of the institution, including information on
transportation options and reimbursement for a visit to such
facility.
``(5) The institution shall provide an amnesty clause for
any student who reports, in good faith, sexual violence to a
responsible employee so that they will not be sanctioned by the
institution for a student conduct violation, such as underage
drinking, that is revealed in the course of such a report.''.
(b) Effective Date.--Paragraphs (2) through (5) of section 125 of
the Higher Education Act of 1965, as added by subsection (a), shall
take effect on the date that is 1 year after the date of enactment of
this Act.
(c) Penalty.--
(1) In general.--The Secretary of Education may impose a
civil penalty of not more than 1 percent of an institution's
operating budget, as defined by the Secretary, each year that
the institution fails to carry out the requirements of--
(A) section 125(1) of the Higher Education Act of
1965, as added by subsection (a), by not later than the
earlier of--
(i) 1 year after the Secretary of Education
determines through a negotiated rulemaking
process what an adequate number of confidential
advisors is for the institution based on its
size; or
(ii) 3 years after the date of enactment of
this Act; and
(B) paragraphs (2) through (5) of section 125 of
the Higher Education Act of 1965, as added by
subsection (a), by the date that is 1 year after the
date of enactment of this Act.
(2) Voluntary resolution.--Nothing in this subsection shall
prevent the Secretary of Education from entering into a
voluntary resolution with an institution of higher education
that fails to carry out the requirements of--
(A) section 125(1) of the Higher Education Act of
1965, as added by subsection (a), by not later than the
earlier of--
(i) 1 year after the Secretary of Education
determines through a negotiated rulemaking
process what an adequate number of confidential
advisors is for the institution based on its
size; or
(ii) 3 years after the date of enactment of
this Act; and
(B) paragraphs (2) through (5) of section 125 of
the Higher Education Act of 1965, as added by
subsection (a), by the date that is 1 year after the
date of enactment of this Act.
(d) Negotiated Rulemaking.--The Secretary of Education shall
establish regulations to carry out the this section and the amendment
made by this section in accordance with the requirements described
under section 492 of the Higher Education Act of 1965 (20 U.S.C.
1098a).
SEC. 5. PROGRAM PARTICIPATION AGREEMENTS.
Section 487(a) of the Higher Education Act of 1965 (20 U.S.C.
1094(a)) is amended by striking paragraph (12) and inserting the
following:
``(12) The institution certifies that--
``(A) the institution is in compliance with the
requirements of section 124 regarding coordination with
local law enforcement;
``(B) the institution has established support for
survivors of sexual violence that meets the
requirements of section 125; and
``(C) the institution has complied with the
disclosure requirements of section 485(f).''.
SEC. 6. ENFORCEMENT AND TRAINING; SUBPOENA AUTHORITY.
Section 901 of the Education Amendments of 1972 (20 U.S.C. 1681) is
amended by adding at the end the following:
``(d) Website.--The Secretary of Education shall establish a title
IX website that includes the following:
``(1) The name and contact information for the title IX
coordinator, including a brief description of the coordinator's
role and the roles of other officials who may be contacted to
discuss or report sexual harassment, for each educational
institution. Each educational institution shall provide the
name and contact information for the title IX coordinator to
the Secretary of Education not later than 30 days after the
date of enactment of the Campus Accountability and Safety Act.
``(2) The Department's pending investigations, enforcement
actions, letters of finding, final resolutions, and voluntary
resolution agreements for all complaints and compliance reviews
under this title related to sexual harassment. The Secretary
shall indicate whether the investigation, action, letter,
resolution, or agreement is based on a complaint or compliance
review. The Secretary shall make the information under this
subsection available regarding a complaint once the Office for
Civil Rights receives a written complaint, and conducts an
initial evaluation, and has determined that the complaint
should be opened for investigation of an allegation that, if
substantiated, would constitute a violation of this title. In
carrying out this subsection, the Secretary shall ensure that
personally identifiable information is not reported and shall
comply with section 444 of the General Education Provisions Act
(20 U.S.C. 1232g), commonly known as the `Family Educational
Rights and Privacy Act of 1974'.
``(e) Training of Responsible Employees and Other Employees.--
``(1) Responsible employee.--In this subsection, the term
`responsible employee' means an employee of an institution of
higher education who has the authority to redress sexual
harassment or who has the duty to report incidents of sexual
harassment or other misconduct by students or employees to the
title IX coordinator or other appropriate school designee.
``(2) Training of responsible employees.--Each institution
of higher education shall employ a responsible employee who
shall complete minimum training requirements (as determined by
the Secretary of Education in coordination with the Attorney
General and to include training by local, State, or national
victim services organizations) and shall be responsible for--
``(A) reporting cases of sexual harassment to the
title IX coordinator of the institution; and
``(B) providing a student or employee who reports
that the student or employee has been a victim of
sexual harassment, including, but not limited to,
sexual violence, whether the offense occurred on or off
campus, with a written explanation of the student or
employee's rights and options, as described in clauses
(ii) through (vii) of section 485(f)(8)(B) of the
Higher Education Act of 1965.
``(3) Other/additional training.--Each individual who is
involved in implementing an institution of higher education's
grievance procedures, including each individual who is
responsible for resolving complaints of reported crimes, shall
have training or experience in handling sexual violence
complaints, and the operations of the institution's grievance
procedures, not later than 1 year after the date of enactment
of the Campus Accountability and Safety Act. The training shall
include, but is not limited to--
``(A) information on working with and interviewing
persons subjected to sexual violence;
``(B) information on particular types of conduct
that would constitute sexual violence, including same-
sex sexual violence;
``(C) information on consent and the role drugs or
alcohol can play in the ability to consent;
``(D) the effects of trauma, including
neurobiological change; and
``(E) cultural awareness training regarding how
sexual violence may impact students differently
depending on their cultural background.
``(4) Uniform campus-wide process for disciplinary
proceeding relating to claim of sexual violence.--Each
institution of higher education that receives Federal funding--
``(A) shall establish and carry out a uniform
process (for each campus of the institution) for
disciplinary proceedings relating to any claims of
sexual violence; and
``(B) shall not carry out a different disciplinary
process on the same campus for a matter of sexual
violence, or alter the uniform process described in
subparagraph (A), based on the status or
characteristics of a student who will be involved in
that disciplinary proceeding, including characteristics
such as a student's membership on an athletic team,
academic major, or any other characteristic or status
of a student.
``(f) Department of Education and Department of Justice Civil
Penalties for Institutions of Higher Education.--
``(1) In general.--Upon determination, after reasonable
notice and opportunity for a hearing, that an educational
institution that is an institution of higher education has
violated or failed to carry out any provision of this section
in a factual circumstance related to sexual violence or any
regulation prescribed under this section related to sexual
violence, the Secretary of Education or Attorney General, may
impose a civil penalty upon such institution of not more than 1
percent of the institution's 1-year operating budget, as
defined by the Secretary of Education, for each violation or
failure. A civil penalty shall not interfere with the
Secretary's or Attorney General's ability to enter into a
voluntary resolution agreement with an institution of higher
education.
``(2) Adjustment to penalties.--Any civil penalty under
paragraph (1) may be modified by the Secretary of Education or
Attorney General. In determining the amount of such penalty, or
the amount agreed upon in compromise, the appropriateness of
the penalty to the size of the operating budget of the
educational institution subject to the determination, and the
gravity of the violation or failure, and whether the violation
or failure was done intentionally, negligently, or otherwise,
shall be considered.
``(3) Distribution.--Any civil monetary penalty or monetary
settlement collected under this subsection shall be transferred
to the Office for Civil Rights of the Department of Education
or the Department of Justice to be used for purposes of
enforcing the provisions of this title related to sexual
harassment.
``(4) Clarification.--Nothing in the Campus Accountability
and Safety Act, or any amendment made by such Act, shall alter,
amend, or interfere with the rights and remedies provided for
and available under this title.
``(g) Statute of Limitations.--An individual may file a complaint
for a violation of this title, with regards to sexual violence, with
the Office for Civil Rights of the Department of Education not later
than 180 days after the date of graduation or disaffiliation with the
institution.
``(h) Subpoena and Civil Investigative Demand Authority.--
``(1) Authority to compel.--In order to obtain information
and documents that are relevant to determining compliance with
this title, including any regulations promulgated to carry out
this title, the Assistant Secretary of the Office for Civil
Rights of the Department of Education and the Assistant
Attorney General of the Civil Rights Division of the Department
of Justice are authorized to require by subpoena the attendance
and testimony of any person that one can reasonably believe to
have first-hand knowledge, including current and former
students and employees of institutions of higher education, and
the production of documents, including reports, answers,
records, accounts, papers, and other data in any medium
(including electronically stored information), and any tangible
thing.
``(2) Refusal to obey.--A subpoena issued under this
subsection, in the case of contumacy or refusal to obey, shall
be enforceable by order of any appropriate United States
district court.
``(3) Civil investigative demand authority.--The Assistant
Secretary of the Office for Civil Rights of the Department of
Education and the Assistant Attorney General of the Civil
Rights Division of the Department of Justice shall have civil
investigative demand authority, which authorizes the request
for documents of the institutions and written answers to
interrogatories in order to determine compliance with title IX.
``(i) Coordinator.--Each educational institution that receives
Federal financial assistance from the Department of Education shall
submit, annually, to the Office for Civil Rights of the Department of
Education and the Civil Rights Division of the Department of Justice,
the name of the title IX coordinator of the institution, including a
brief description of the coordinator's role and the roles of other
officials of the institution who may be contacted to discuss or report
sexual violence, and documentation of training received by the title IX
coordinator. The educational institution shall provide updated
information to the Office for Civil Rights of the Department of
Education and the Civil Rights Division of the Department of Justice
not later than 30 days after the date of any change.''.
SEC. 7. TRAINING FOR CAMPUS PERSONNEL ON VICTIM-CENTERED TRAUMA-
INFORMED (FORENSIC) INTERVIEWS.
Section 304 of the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (42 U.S.C. 14045b) is amended--
(1) in subsection (a)(2), by striking ``$300,000'' and
inserting ``$500,000'';
(2) in subsection (b), by adding at the end the following:
``(11) To train campus personnel in conducting victim-
centered, trauma-informed (forensic) interviews.''; and
(3) in subsection (g)--
(A) by striking ``In this section'' and inserting
``(1) In general.--In this section''; and
(B) by adding at the end the following:
``(2) Victim-centered, trauma-informed (forensic)
interview.--In this section, the term `victim-centered, trauma-
informed (forensic) interview' means an evidence-based
interview focused on the experience of the victim, conducted by
a trained forensic interviewer, in which the goal of the
interview is to elicit information about the traumatic event in
question for use in a future investigation. The victim shall be
given the option to have the interview recorded and to receive
a copy of the recorded interview. The victim shall be informed
of the reasons why the victim may or may not choose to have the
interview recorded.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Education and the Workforce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and the Workforce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Sponsor introductory remarks on measure. (CR E1313)
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
Referred to the Subcommittee on Higher Education and Workforce Training.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line