Campus Accountability and Safety Act
Amends provisions of the Higher Education Act of 1965 (HEA) 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 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. Requires an IHE's disciplinary procedures for such offenses to comply with its campus security policy and provide both the accuser and accused written notice of the outcome of such procedures or a change in an outcome within 24 hours after it occurs.
Directs the Secretary to develop and administer through an online portal a standardized, online, and biannual 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 (ED's) website biannually. Requires IHEs to publish the campus-level results of the survey on their websites and in their annual security reports.
Requires ED 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.
Requires each IHE that receives funding under the HEA to establish a campus security policy that includes:
Directs the Secretary to establish a title IX website that includes:
Directs the Secretary to develop online training materials for training higher education responsible employees, title IX coordinators, and individuals involved in implementing an IHE's student conduct grievance procedures.
Authorizes the Secretary to impose civil penalties upon IHEs that fail to: (1) enter into memorandums of understanding with their local law enforcement agencies, (2) carry out campus security and crime statistics reporting requirements, or (3) establish the requisite campus security policy.
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 how to use victim-centered, trauma-informed interview techniques.
Amends the HEA to authorize the Secretary, using amounts collected under this Act's penalty provisions, to award competitive grants to IHEs to enhance their ability to address sexual harassment, sexual assault, domestic violence, dating violence, and stalking, on campus.
Amends the Education Amendments of 1972 to authorize the Secretary or DOJ to impose civil penalties on IHEs that violate or fail to carry out title IX requirements regarding sexual violence. Gives individuals 180 days after their graduation or disaffiliation with an IHE to file a complaint regarding such a violation with ED's Office for Civil Rights.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 590 Introduced in Senate (IS)]
114th CONGRESS
1st Session
S. 590
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 SENATE OF THE UNITED STATES
February 26, 2015
Mrs. McCaskill (for herself, Mr. Heller, Mr. Blumenthal, Mr. Grassley,
Mrs. Gillibrand, Ms. Ayotte, Mr. Warner, Mr. Rubio, Mr. Peters, Mrs.
Capito, Mr. Whitehouse, Mr. Blunt, Mrs. Boxer, Mr. Reed, Ms. Stabenow,
and Mrs. Shaheen) introduced the following bill; which was read twice
and referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
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 ``which shall include publication
on the website of the institution and publication or
mailings'' 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 for the annual security
report that is due following 1 year after the date of
enactment of the Campus Accountability and Safety Act,
and annually thereafter, the following additions:
``(I) The number of such incidents that
were reported to the title IX coordinator (as
defined in section 125(a)) or other higher
education responsible employee (as defined in
section 125(a)) of the institution.
``(II) Of those incidents in subclause (I),
the number of victims who sought campus
disciplinary action at the institution.
``(III) Of those victims in subclause (II),
the number of cases processed through the
student disciplinary process of the
institution.
``(IV) Of those cases in subclause (III),
the number of accused individuals who were
found responsible through the student
disciplinary process of the institution.
``(V) Of those cases in subclause (III),
the number of accused individuals who were
found not responsible through the student
disciplinary process of the institution.
``(VI) A description of the final sanctions
imposed by the institution for each incident
for which an accused individual was found
responsible through the student disciplinary
process of the institution.
``(VII) The number of student disciplinary
proceedings at the institution that have closed
without resolution since the previous annual
security report.
``(ii) The Secretary shall provide technical
assistance to eligible institutions to assist such
institutions in meeting the requirements of this
subparagraph.'';
(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)--
(A) in clause (i)--
(i) in the matter preceding subclause (I),
by inserting ``, developed in consultation with
local, State, or national sexual assault,
dating violence, domestic violence, and
stalking victim advocacy, victim services, or
prevention organizations, and local law
enforcement,'' after ``Education programs'';
and
(ii) 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''; and
(B) in clause (iv)--
(i) by redesignating subclauses (II) and
(III) as subclauses (III) and (IV),
respectively;
(ii) by inserting after subclause (I) the
following:
``(II) the institution will comply
with the requirements of section
125(b), and shall include a description
of such requirements;''; and
(iii) in subclause (IV), as redesignated by
clause (i)--
(I) in item (aa), by inserting ``,
within 24 hours of such determination''
after ``sexual assault, or stalking'';
(II) in item (cc), by inserting
``within 24 hours of such change''
after ``results become final''; and
(III) in item (dd), by inserting
``within 24 hours of such
determination'' after ``results become
final'';
(4) by redesignating paragraph (18) as paragraph (22); and
(5) by inserting after paragraph (17) the following:
``(18) Each individual at an institution of higher
education who is designated as a higher education responsible
employee, (as defined in section 125(a)), 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 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. The survey shall be
fair and unbiased, scientifically valid and reliable, and meet
the highest standards of survey research. Survey questions
shall be designed to gather information on survivor
experiences, and shall therefore use trauma-informed language
to prevent retraumatization
``(B) Each institution shall administer the survey
described in subparagraph (A) every 2 years. In addition to the
standardized questions developed by the Secretary, institutions
may request additional information from students that would
increase the institutions' understanding of school climate
factors unique to their campuses. If an institution is granted
approval to do so by the Secretary, an institution may
administer such survey through a third party.
``(C) 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
(as determined by the Secretary) enrolled at the institution
complete the survey described in subparagraph (A) in accordance
with this paragraph and beginning not later than 1 year after
the date of enactment of the Campus Accountability and Safety
Act.
``(D) Responses to the survey shall be submitted
confidentially and shall not be included in crime statistics
reported under this subsection.
``(E) The survey described in subparagraph (A) shall
include the following:
``(i) Questions designed to determine the incidence
and prevalence of sexual violence, dating violence,
domestic violence, and stalking.
``(ii) Questions regarding whether students know
about institutional policies and procedures.
``(iii) Questions designed to determine, if victims
reported violence--
``(I) to whom the violence was reported and
what response the victim may have received; and
``(II) whether the victim was informed of,
or referred to, national, State, local, or on-
campus resources.
``(iv) Questions regarding contextual factors, such
as whether force, incapacitation, or coercion was
involved.
``(v) Questions to determine whether an accused
individual was a student.
``(vi) Questions to determine whether a victim
reported an incident to State or local law enforcement.
``(vii) Questions to determine why the victim chose
to report or not report an incident to State or local
law enforcement.
``(viii) Other questions as determined by the
Secretary.
``(F) Beginning not later than 2 years after the date of
enactment of the Campus Accountability and Safety Act, the
Secretary shall prepare a biannual report on the information
gained from the survey under this paragraph and publish such
report 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 in a manner
that permits comparisons across schools and campuses.
``(G) Each institution subject to this subsection shall
publish the campus-level results of the survey under this
paragraph on the website of the institution and in the annual
security report required under this subsection for the campuses
affiliated with the institution.
``(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 this subsection and
such title.
``(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 shall use
any such civil penalty funds to carry out the grant program
established under section 8 of the Campus Accountability and
Safety Act.''.
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.
``(a) Memoranda of Understanding.--Each institution of higher
education that receives funds under this Act, shall enter into a
memorandum of understanding with each law enforcement agency that has
jurisdiction to report as a first responder to a campus of the
institution (excluding a campus located outside the United States) to
clearly delineate responsibilities and share information, in accordance
with applicable Federal confidentiality laws, about certain serious
crimes, including sexual violence, occurring against students of the
institution or against other individuals on the campus of the
institution.
``(b) Review.--Each institution of higher education shall review
the memorandum of understanding under this section with each law
enforcement agency every 2 years. As part of the review process, the
institution shall contact each law enforcement agency to discuss how
changes in policies or procedures at either the institution of higher
education or the law enforcement agency may impact the provisions of
the memorandum of understanding. If changes in policies or procedures
are identified that impact the provisions of the memorandum of
understanding, the institution of higher education and the law
enforcement agency shall update the memorandum of understanding as
necessary.
``(c) Contents.--Each memorandum of understanding described under
this section shall include--
``(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;
``(4) a method of sharing information about specific
crimes, when authorized or requested to do so by a victim who
has been fully and accurately informed about what procedures
shall occur if the information is shared; and
``(5) a method of sharing information about specific crimes
anonymously, when authorized or requested to do so by a victim
who has been fully and accurately informed about what
procedures shall occur if the information is shared, in order
to better protect overall campus safety.
``(d) Penalty.--
``(1) In general.--The Secretary--
``(A) 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 of higher education fails to carry out the
requirements of this section, by the date that is 1
year after the date of enactment of the Campus
Accountability and Safety Act; and
``(B) if the conditions described in paragraph (3)
have been met, shall waive the penalty pursuant to such
paragraph.
``(2) Distribution.--Any civil monetary penalty or monetary
settlement collected under this subsection shall be used to
carry out the grant program established under section 304 of
the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (42 U.S.C. 14045b).
``(3) Waiver.--
``(A) In general.--If a local law enforcement
agency refuses to enter into a memorandum of
understanding under this section, the Secretary shall
waive the penalty if the Secretary determines that the
following conditions have been met--
``(i) the institution has explained why the
institution was unable to obtain an agreement;
``(ii) the institution has demonstrated
that the institution acted in good faith; and
``(iii) the institution has submitted to
the Secretary a copy of the institution's final
proposed memorandum of understanding that was
submitted to a law enforcement agency that was
ultimately rejected.
``(B) Referral to department of justice.--The
Secretary shall refer to the Attorney General a copy of
each waiver granted under subparagraph (A) and the
reason (as determined by the Secretary) for why local
law enforcement refuses to enter into a memorandum of
understanding.
``(C) Administrative review.--If the Secretary does
not grant a waiver under subparagraph (A), the
institution may submit additional information to
receive such waiver. If, after submitting additional
information, the Secretary still does not grant a
waiver, 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 from entering into a voluntary
resolution with an institution of higher education that fails
to carry out the requirements of this section, by the date that
is 1 year after the date of enactment of the Campus
Accountability and Safety Act.
``(5) Adjustment to penalties.--Any civil penalty under
this subsection may be reduced by the Secretary. In determining
the amount of such penalty, or the amount agreed upon in
compromise, the Secretary shall consider the appropriateness of
the penalty to the size of the operating budget of the
educational institution subject to the determination, the
gravity of the violation or failure, and whether the
institution committed the violation or failure intentionally,
negligently, or otherwise.''.
(b) 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.
(c) Negotiated Rulemaking.--The Secretary of Education shall
establish regulations to carry out the provisions of 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.
``(a) Definitions.--
``(1) Higher education responsible employee.--In this
subsection, the term `higher education responsible employee'
means an employee of an institution of higher education who--
``(A)(i) has the authority to take action to
redress sexual harassment; or
``(ii) has the duty to report sexual harassment or
any other misconduct by students or employees to
appropriate school officials;
``(B) has completed the training requirements
described in subsection (b)(5) or agrees to complete
such training within a reasonable time after being
designated as a higher education responsible employee;
and
``(C) shall be responsible for assisting the title
IX coordinator or designee with providing a student or
employee who reports that the student or employee has
been a victim of sexual harassment, including, sexual
violence, whether the offense occurred on or off
campus, with a written explanation of the student's or
employee's rights and options, as described in clauses
(ii) through (vii) of section 485(f)(8)(B).
``(2) Title ix coordinator.--In this subsection, the term
`Title IX Coordinator' has the meaning given to the individual
designated as a responsible employee in section 106.8(a) of
title 34, Code of Federal Regulations, as such section is in
effect on the date of enactment of the Campus Accountability
and Safety Act.
``(3) Victim-centered, trauma-informed interview
techniques.--In this section, the term `victim-centered,
trauma-informed interview techniques' means asking questions of
a student or employee who reports that the student or employee
has been a victim of sexual harassment, sexual assault,
domestic violence, dating violence, or stalking, in a manner
that is focused on the experience of the victim, that does not
judge or blame the reporting student or employee for the
alleged assault, and that is informed by evidence-based
research on the neurobiology of trauma. The victim shall be
given the option to have the interview recorded and to receive
a copy of the recorded interview.
``(b) Campus Security Policy.--Each institution of higher education
that receives funds under this Act, shall establish a campus security
policy that includes the following:
``(1) Confidential advisors.--The designation of 1 or more
confidential advisors at the institution to whom non-employee
victims of sexual harassment, domestic violence, dating
violence, sexual assault, or stalking can report, including
anonymously, which shall be part of a policy that complies with
the following:
``(A) The advisor--
``(i) shall not be an undergraduate
student, a full-time graduate student, an
employee designated as a higher education
responsible employee, or the title IX
coordinator; and
``(ii) may have other roles at the
institution.
``(B) The Secretary shall designate categories of
employees that may serve as confidential advisors, such
as health care staff, clergy, staff of a women's
center, or other such categories. Such designation
shall not preclude the institution from designating
other employees or partnering with national, State, or
local victim services organizations to serve as
confidential advisors or to serve in other confidential
roles.
``(C) The confidential advisor shall complete the
training requirements described in paragraph (5).
``(D) The Secretary shall develop online training
materials, in addition to the training required under
subparagraph (C) not later than 1 year after the date
of enactment of the Campus Accountability and Safety
Act, for the training of confidential advisors.
``(E) The confidential advisor shall inform the
victim--
``(i) of the victim's rights;
``(ii) of the victim's reporting options,
including the option to notify a higher
education responsible employee, the option to
notify local law enforcement, and any other
reporting options;
``(iii) if reasonably known, of the
potential consequences of the reporting options
described in clause (ii); and
``(iv) that the institutional student
disciplinary proceeding has limited
jurisdiction, scope, and available sanctions,
and should not be considered a substitute for
the criminal justice process.
``(F) The confidential advisor may, as
appropriate--
``(i) serve as a liaison between a victim
and a higher education responsible employee or
local law enforcement, when directed to do so
by a victim who has been fully and accurately
informed about what procedures shall occur if
information is shared; and
``(ii) assist a victim in contacting and
reporting to a higher education responsible
employee or local law enforcement.
``(G) The confidential advisor shall be authorized
by the institution to liaise with appropriate staff at
the institution to arrange reasonable accommodations
through the institution to allow the victim to change
living arrangements or class schedules, obtain
accessibility services, or arrange other
accommodations.
``(H) The confidential advisor shall be authorized
to accompany the victim, when requested to do so by the
victim, to interviews and other proceedings of a campus
investigation and institutional disciplinary
proceedings.
``(I) The confidential advisor shall also advise
the victim of, and provide written information
regarding, 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.
``(J) The confidential advisor shall not be
obligated to report crimes to the institution or law
enforcement in a way that identifies a victim or an
accused individual, unless otherwise required to do so
by State law. The confidential advisor shall, to the
extent authorized under State law, provide confidential
services to students. Any requests for accommodations,
as described in subparagraph (G), made by a
confidential advisor shall not trigger an investigation
by the institution, even if the confidential advisor
deals only with matters relating to sexual assault.
``(K) The institution shall designate as a
confidential advisor an individual who has protection
under State law to provide privileged communication.
The institution may partner with an outside victim
services organization, such as a community-based rape
crisis center or other community-based sexual assault
service provider, to provide the services described in
this paragraph.
``(L) The confidential advisor shall collect and
report statistics in accordance with the requirements
of section 485(f). The confidential advisor shall not
include personally identifying information or
jeopardize the confidentiality of a victim or an
accused individual when reporting such statistics.
``(M) 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.
``(N) Each institution that enrolls fewer than 1000
students may partner with another institution in their
region or State to provide the services described in
this paragraph.
``(2) Information on the institution's website.--The
institution shall list on its website--
``(A) the name and contact information for the
confidential advisor;
``(B) reporting options for victims of a sex
offense, domestic violence, dating violence, sexual
assault, or stalking;
``(C) the process of investigation and disciplinary
proceedings of the institution;
``(D) the process of investigation and adjudication
of the criminal justice system;
``(E) potential reasonable accommodations that the
institution may provide to a victim, as described in
paragraph (1)(G);
``(F) the telephone number and website address for
a local, State, or national hotline providing
information to sexual violence victims (which shall be
clearly communicated on the website and shall be
updated on a timely basis); and
``(G) 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, including information on transportation options
and available reimbursement for a visit to such
facility.
``(3) Online reporting.--The institution may provide an
online reporting system to collect anonymous disclosures of
crimes and track patterns of crime on campus. An individual may
submit an anonymous report about a specific crime to the
institution using the online reporting system, but the
institution is only obligated to investigate a specific crime
if an individual decides to report the crime to a higher
education responsible employee or law enforcement. If the
institution uses an online reporting system, the online system
shall also include information about how to report a crime to a
higher education responsible employee and to law enforcement
and how to contact a confidential advisor.
``(4) Amnesty policy.--The institution shall provide an
amnesty policy for any student who reports, in good faith,
sexual violence to a higher education responsible employee,
such that the reporting student will not be sanctioned by the
institution for a non-violent student conduct violation, such
as underage drinking, that is revealed in the course of such a
report.
``(5) Training.--
``(A) In general.--Not later than 1 year after the
date of enactment of the Campus Accountability and
Safety Act, the Secretary, in coordination with the
Attorney General and in consultation with national,
State, or local victim services organizations, shall
develop a program for training--
``(i) each individual who is involved in
implementing an institution of higher
education's student grievance procedures,
including each individual who is responsible
for resolving complaints of reported sex
offenses or sexual misconduct policy
violations; and
``(ii) each employee of an institution of
higher education who has responsibility for
conducting an interview with an alleged victim
of sexual assault.
``(B) Contents.--Such training shall include--
``(i) information on working with and
interviewing persons subjected to sexual
violence;
``(ii) information on particular types of
conduct that would constitute sexual violence,
regardless of gender, including same-sex sexual
violence;
``(iii) information on consent and the
affect that drugs or alcohol may have on an
individual's ability to consent;
``(iv) the effects of trauma, including the
neurobiology of trauma;
``(v) training regarding the use of victim-
centered, trauma-informed interview techniques;
``(vi) cultural awareness training
regarding how sexual violence may impact
students differently depending on their
cultural background; and
``(vii) information on sexual assault
dynamics, sexual assault perpetrator behavior,
and barriers to reporting.
``(C) Institutional training.--Each institution
shall ensure that the individuals and employees
described in subparagraph (A) receive the training
described in this paragraph not later than the July 15
that is one year after the date that the training
program has been developed by the Secretary in
accordance with subparagraph (A).
``(6) Uniform campus-wide process for student disciplinary
proceeding relating to claim of sexual violence.--Each
institution of higher education that receives funds under this
Act--
``(A) shall establish and carry out a uniform
process (for each campus of the institution) for
student disciplinary proceedings relating to any claims
of sexual violence against a student who attends the
institution; 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.
``(7) Information about the title ix coordinator.--The
institution 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 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, 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.
``(8) Written notice of institutional disciplinary
process.--The institution shall provide both the accuser and
the accused student with written notice of the institution's
decision to proceed with an institutional disciplinary process
regarding an allegation of sexual misconduct within 24 hours of
such decision, and sufficiently in advance of a disciplinary
hearing to provide both the victim and the accused student with
the opportunity to meaningfully exercise the due process rights
afforded to them under institutional policy. The written notice
shall include the following:
``(A) The existence of a complaint, the nature of
the conduct upon which the complaint is based, and the
date on which the alleged incident occurred.
``(B) A summary of the process for the disciplinary
proceeding, including the estimated timeline from
initiation to final disposition.
``(C) The rights and due process protections
available to the victim and the accused student,
including those described in section 485(f)(8)(B)(iv)
and any other rights or due process protections that
the victim or the accused student may have under the
institution's policies.
``(D) A copy of the institution's applicable
policies, and, if available, related published
informational materials.
``(E) Name and contact information for an
individual at the institution, who is independent of
the disciplinary process, to whom the victim and the
accused student can submit questions about any of the
information described in the written notice.
``(9) Written notice of disciplinary determination.--The
institution shall provide the accuser and the accused student
with written notification of the determination of
responsibility that is made by the disciplinary board, and any
sanctions, within 24 hours of such determination. Such
notification shall include information about the processes for
appealing the determination.
``(c) Penalties.--
``(1) Penalty relating to confidential advisors.--The
Secretary may impose a civil penalty of not more than 1 percent
of an institution's operating budget, as defined by the
Secretary, for each year that the institution fails to carry
out the requirements of such paragraph following the effective
date described in section 4(b)(1) of the Campus Accountability
and Safety Act.
``(2) Other provisions.--The Secretary may impose a civil
penalty of not more than 1 percent of an institution's
operating budget, as defined by the Secretary, for each year
that the institution fails to carry out the requirements of
such paragraphs following the effective date described in
section 4(b)(2) of the Campus Accountability and Safety Act.
``(3) Voluntary resolution.--Notwithstanding any other
provision of this section, the Secretary may enter into a
voluntary resolution with an institution of higher education
that is subject to a penalty under this subsection.
``(4) Adjustment to penalties.--Any civil penalty under
this subsection may be reduced by the Secretary. In determining
the amount of such penalty, or the amount agreed upon in
compromise, the Secretary of Education shall consider the
appropriateness of the penalty to the size of the operating
budget of the educational institution subject to the
determination, the gravity of the violation or failure, and
whether the violation or failure was committed intentionally,
negligently, or otherwise.''.
(b) Effective Dates.--
(1) Confidential advisor.--Paragraph (1) of section 125(b)
of the Higher Education Act of 1965, as added by subsection
(a), shall take effect on the date that is the earlier of--
(A) 1 year after the Secretary of Education
determines through a negotiated rulemaking process what
an adequate number of confidential advisors is for an
institution based on an institution's size; or
(B) 3 years after the date of enactment of this
Act.
(2) Other provisions.--Paragraphs (2) through (9) of
section 125(b) 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) Negotiated Rulemaking.--The Secretary of Education shall
establish regulations to carry out the provisions of 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. TRANSPARENCY AND TRAINING MATERIALS.
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 125 (as added
by section 4), the following:
``SEC. 126. TRANSPARENCY AND TRAINING MATERIALS.
``(a) Website.--The Secretary shall establish a title IX higher
education website that includes the following:
``(1) The name and contact information for the title IX
coordinator for each institution of higher education receiving
funds under this Act, and a brief description of the title IX
coordinator's role and the roles of other officials who may be
contacted to discuss or report sexual harassment.
``(2) The Department's pending investigations, enforcement
actions, letters of finding, final resolutions, and voluntary
resolution agreements for all complaints and compliance reviews
under title IX of the Education Amendments of 1972 (20 U.S.C.
1681) 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 of the Department 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 such
title IX. 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'.
``(b) Training Materials for University Personnel.--Not later than
1 year after the date of enactment of the Campus Accountability and
Safety Act, the Secretary shall develop online training materials for
the training of higher education responsible employees, title IX
coordinators, and individuals involved in implementing an institution
of higher education's student conduct grievance procedures.''.
SEC. 6. 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;
``(C) the institution has established a campus
security policy; and
``(D) the institution has complied with the
disclosure requirements of section 485(f).''.
SEC. 7. TRAINING FOR CAMPUS PERSONNEL ON VICTIM-CENTERED TRAUMA-
INFORMED INTERVIEW TECHNIQUES.
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 how to use victim-
centered, trauma-informed interview techniques.''; 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 interview
techniques.--In this section, the term `victim-centered,
trauma-informed interview techniques' means asking questions of
a student or employee who reports that the student or employee
has been a victim of sexual harassment, sexual assault,
domestic violence, dating violence, or stalking, in a manner
that is focused on the experience of the victim, that does not
judge or blame the reporting student or employee for the
alleged assault, and that is informed by evidence-based
research on the neurobiology of trauma. The victim shall be
given the option to have the interview recorded and to receive
a copy of the recorded interview.''.
SEC. 8. GRANTS TO IMPROVE PREVENTION AND RESPONSE TO SEXUAL HARASSMENT,
SEXUAL ASSAULT, DOMESTIC VIOLENCE, DATING VIOLENCE AND
STALKING ON CAMPUS.
Title VIII of the Higher Education Act of 1965 (20 U.S.C. 1161a) is
amended by adding at the end the following:
``PART BB--GRANTS FOR INSTITUTIONS TO ADDRESS SEXUAL HARASSMENT, SEXUAL
ASSAULT, AND OTHER VIOLENCE AND HARASSMENT ON CAMPUS
``SEC. 899. GRANTS FOR INSTITUTIONS TO ADDRESS SEXUAL HARASSMENT,
SEXUAL ASSAULT, AND OTHER VIOLENCE AND HARASSMENT ON
CAMPUS.
``(a) Grants Authorized.--
``(1) In general.--The Secretary is authorized to award
grants to institutions of higher education, on a competitive
basis as described in paragraph (2), to enhance the ability of
such institutions to address sexual harassment, sexual assault,
domestic violence, dating violence, and stalking, on campus.
``(2) Award basis.--The Secretary shall award grants under
this section, on a competitive basis, as funds become available
through the payment of penalties by institutions of higher
education under sections 485(f)(21) of this Act and sections 3
and 4 of the Campus Accountability and Safety Act.
``(3) Prohibition; ineligible institutions.--
``(A) No reservation for administrative expenses.--
Funds awarded under this section shall not be reserved
for administrative expenses.
``(B) Ineligible institutions.--
``(i) Violations.--An institution of higher
education shall not be eligible to receive a
grant under this section if the institution is
found by the Department of Education, at the
time of application for a grant under this
section, to be in violation of--
``(I) title IX of the Education
Amendments of 1972 (20 U.S.C. 1681); or
``(II) section 485(f).
``(ii) Multiple grants.--An institution of
higher education that has received a grant
award under section 304 of the Violence Against
Women and Department of Justice Reauthorization
Act of 2005 (42 U.S.C. 14045b) in any of the
previous 3 grant funding cycles shall not be
eligible for a grant award under this section.
``(4) Preference.--In awarding grants under this section,
the Secretary shall give preference to those institutions of
higher education--
``(A) with the smallest endowments or the lowest
tuition rates, as compared to all institutions
receiving funds under this Act; and
``(B) that have demonstrated a strong commitment to
prioritizing tackling the problem of campus sexual
assault on their campuses, which may be demonstrated by
providing documentation of actions by the
administration of such institution such as--
``(i) establishing a working group on
campus that includes the participation of
administration officials and students to
analyze and strategize improvements to the way
the institution prevents and responds to sexual
harassment, sexual assault, domestic violence,
dating violence, and stalking, on campus;
``(ii) organizing a series of listening
sessions on campus to gather feedback and ideas
from the campus community on how to improve the
way the institution prevents and responds to
sexual harassment, sexual assault, domestic
violence, dating violence, and stalking, on
campus;
``(iii) hosting a conference that brings
together academic researchers to present and
share ideas and research regarding sexual
harassment, sexual assault, domestic violence,
dating violence, and stalking, on campus; or
``(iv) other documented efforts beyond the
requirements of Federal or State law that the
administration of the institution of higher
education has initiated in order to better
understand the prevalence of sexual harassment,
sexual assault, domestic violence, dating
violence and stalking on campus and analyze and
improve how the institution of higher education
responds to such incidents.
``(5) Amount of grants.--The Secretary, through the
Assistant Secretary of the Office for Civil Rights, shall award
the grants under this section in an amount of not more than
$500,000 for each institution of higher education.
``(6) Equitable participation.--The Secretary shall make
every effort to ensure--
``(A) the equitable participation of private and
public institutions of higher education in the
activities assisted under this section;
``(B) the equitable geographic distribution of
grants under this section among the various regions of
the United States; and
``(C) the equitable distribution of grants under
this section to Tribal Colleges or Universities (as
defined under section 316(b)) and historically Black
colleges or universities.
``(7) Duration.--The Secretary shall award each grant under
this Act for a period of not more than 5 years.
``(b) Use of Grant Funds.--
``(1) Grant funds awarded under this section shall be used
to research best practices for preventing and responding to
sexual harassment, sexual assault, domestic violence, dating
violence, and stalking, on campus and to disseminate such
research to peer institutions and the Department. Such research
may include a focus on one or more of the following purposes:
``(A) Strengthening strategies to combat sexual
harassment, sexual assault, domestic violence, dating
violence, and stalking, on campus.
``(B) Strengthening victim services for incidents
involving sexual harassment, sexual assault, domestic
violence, dating violence, or stalking, on campus,
which may involve partnerships with community-based
victim services agencies.
``(C) Strengthening prevention education and
awareness programs on campus regarding sexual
harassment, sexual assault, domestic violence, dating
violence, and stalking.
``(2) Grant funds awarded under this section may be used
for one or more of the following purposes:
``(A) Evaluating and determining the effectiveness
of victim services and education programs in reaching
all populations that may be subject to sexual
harassment, sexual assault, domestic violence, dating
violence, and stalking, on campus.
``(B) Training campus administrators, campus
security personnel, and personnel serving on campus
disciplinary boards on campus policies, protocols, and
services to respond to sexual harassment, sexual
assault, domestic violence, dating violence, and
stalking, on campus, which shall include instruction on
victim-centered, trauma-informed interview techniques
and information on the neurobiological effects of
trauma and stress on memory.
``(C) Developing, expanding, or strengthening
victim services programs and population specific
services on the campus of the institution, including
programs providing legal, medical, or psychological
counseling for victims of sexual harassment, sexual
assault, domestic violence, dating violence, and
stalking, and to improve delivery of victim assistance
on campus, including through the services of the
confidential advisor (as defined in section 125(a)).
``(D) Developing or adapting and providing
developmentally and culturally appropriate and
linguistically accessible print or electronic materials
regarding campus policies, protocols, and services
related to the prevention of and response to sexual
harassment, sexual assault, domestic violence, dating
violence, and stalking, on campus.
``(E) Developing and implementing prevention
education and awareness programs on campus regarding
sexual harassment, sexual assault, domestic violence,
dating violence, and stalking.
``(c) Applications.--
``(1) In general.--In order to be eligible for a grant
under this section for any fiscal year, an institution of
higher education shall submit an application to the Secretary
at such time and in such manner as the Secretary shall
prescribe.
``(2) Contents.--Each application submitted under paragraph
(1) shall--
``(A) describe the need for grant funds and the
plan for implementation for any of the activities
described in subsection (b);
``(B) describe the characteristics of the
population being served, including type of campus,
demographics of the population, and number of students;
``(C) describe how underserved populations in the
campus community will be adequately served, including
the provision of relevant population specific services;
``(D) provide measurable goals and expected results
from the use of the grant funds;
``(E) provide assurances that the Federal funds
made available under this section shall be used to
supplement and, to the extent practical, increase the
level of funds that would, in the absence of Federal
funds, be made available by the institution or
organization for the activities described in subsection
(b); and
``(F) include such other information and assurances
as the Secretary reasonably determines to be necessary.
``(d) Reports.--
``(1) Grantee reporting.--
``(A) Annual report.--Each institution of higher
education receiving a grant under this section shall
submit a performance report to the Secretary beginning
1 year after receiving the grant and annually
thereafter. The Secretary shall suspend funding under
this section for an institution of higher education if
the institution fails to submit such a report.
``(B) Final report.--Upon completion of the grant
period under this section, the grantee institution
shall file a final performance report with the
Secretary explaining the activities carried out under
this section together with an assessment of the
effectiveness the activities described in subsection
(b).
``(2) Report to congress.--Not later than 180 days after
the end of the grant period under this section, the Secretary
shall submit to Congress a report that includes--
``(A) the number of grants, and the amount of
funds, distributed under this section;
``(B) a summary of the activities carried out using
grant funds and an evaluation of the progress made
under the grant; and
``(C) an evaluation of the effectiveness of
programs funded under this section.''.
SEC. 9. ADMINISTRATIVE ACTION.
Section 901 of the Education Amendments of 1972 (20 U.S.C. 1681) is
amended by adding at the end the following:
``(d) Clarification.--Nothing in the Campus Accountability and
Safety Act, or any amendment made by such Act, shall reduce or
interfere with the rights and remedies provided for and available under
this title.
``(e) Time for Filing Administrative Complaints.--Complaints filed
with the Office for Civil Rights of the Department of Education with
regards to sexual violence shall be considered timely when they are
filed not later than 180 days after the date of graduation or
disaffiliation with the institution.
``(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--
``(A) the Secretary's or Attorney General's ability
to seek or enter into a voluntary resolution agreement
with an institution of higher education;
``(B) the Attorney General's litigation authority;
and
``(C) an individual's right to seek other remedies,
including through a private right of action.
``(2) Adjustment to penalties.--Any civil penalty under
paragraph (1) may be reduced 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 Grants to Improve Prevention and Response to Sexual
Harassment, Sexual Assault, Domestic Violence, Dating Violence,
and Stalking on Campus program.''.
SEC. 10. GAO REPORTS.
(a) GAO Report.--The Comptroller General of the United States
shall--
(1) conduct a study on the effectiveness and efficiency of
the grant program under section 304 of the Violence Against
Women and Department of Justice Reauthorization Act of 2005 (42
U.S.C. 14045b); and
(2) submit a report, not later than 2 years after the date
of enactment of this Act, on the study described in paragraph
(1), to the Committee on Health, Education, Labor, and Pensions
of the Senate and the Committee on Education and the Workforce
of the House of Representatives.
(b) GAO Report.--The Comptroller General of the United States
shall--
(1) conduct a study on the effectiveness and efficiency of
the grants to improve prevention and response to sexual
harassment, sexual assault, domestic violence, dating violence,
and stalking, on campus under section 899 of the Higher
Education Act of 1965, as added by section 8 of this Act; and
(2) submit a report, not later than 2 years after the date
of enactment of this Act, on the study described in paragraph
(1), to the Committee on Health, Education, Labor, and Pensions
of the Senate and the Committee on Education and the Workforce
of the House of Representatives.
<all>
Introduced in Senate
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Committee on Health, Education, Labor, and Pensions. Hearings held. Hearings printed: S.Hrg. 114-672.
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