ALERT Act

Accountability of Leaders in Education to Report Title IX Investigations Act or the ALERT Act

This bill amends the Higher Education Act of 1965 to require institutions of higher education (IHEs) that participate in federal student aid programs to annually certify with the Department of Education that the IHE's president and at least one additional member of the IHE's board of trustees have reviewed incidents involving the IHE's employees that were reported to the IHE in the last year involving domestic violence, dating violence, sexual assault, or stalking. The certification must include a confirmation that the president and any board member involved in the review did not interfere with or influence investigations or dispositions relating to the incidents.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5157 Introduced in House (IH)]

<DOC>






115th CONGRESS
  2d Session
                                H. R. 5157

To ensure that certain incidents involving a covered employee that are 
  reported to the title IX coordinator at an eligible institution of 
higher education have been reviewed by the president of the institution 
  and not less than 1 additional member of the institution's board of 
                   trustees, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 5, 2018

 Mr. Bishop of Michigan (for himself and Mr. Schneider) introduced the 
 following bill; which was referred to the Committee on Education and 
                             the Workforce

_______________________________________________________________________

                                 A BILL


 
To ensure that certain incidents involving a covered employee that are 
  reported to the title IX coordinator at an eligible institution of 
higher education have been reviewed by the president of the institution 
  and not less than 1 additional member of the institution's board of 
                   trustees, 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 ``Accountability of Leaders in 
Education to Report Title IX Investigations Act'' or the ``ALERT Act''.

SEC. 2. REVIEW OF TITLE IX INVESTIGATIONS.

    Section 487 of the Higher Education Act of 1965 (20 U.S.C. 1094) is 
amended by adding at the end the following:
            ``(30)(A) The institution will submit an annual 
        certification to the Secretary affirming that--
                    ``(i) the president of the institution (or the 
                equivalent officer) and not less than 1 additional 
                member of the institution's board of trustees (or a 
                designee of the board) have completed a comprehensive 
                review of any incident involving a covered employee 
                that was reported to the title IX coordinator at that 
                institution in the previous 12 months involving an 
                offense described in section 485(f)(8)(A)(i); and
                    ``(ii) the individuals described in clause (i) who 
                completed the comprehensive review did not interfere 
                with or influence any investigation or disposition 
                relating to the reported incident.
            ``(B) In this paragraph--
                    ``(i) the term `comprehensive review' means a 
                review that includes, at a minimum, a review of--
                            ``(I) material findings of fact relating to 
                        the incident that was reported to the title IX 
                        coordinator;
                            ``(II) the basis for any conclusions about 
                        whether a covered employee violated a policy of 
                        the institution; and
                            ``(III) the disposition of any complaints 
                        arising from the reported incident, including 
                        any sanctions imposed on a covered employee;
                    ``(ii) the term `covered employee'--
                            ``(I) means--
                                    ``(aa) a full time employee of the 
                                institution; or
                                    ``(bb) an individual who was acting 
                                as an employee of the institution, or 
                                who was paid by an entity contracting 
                                with the institution and acting on 
                                behalf of the institution, at the time 
                                of the incident that was reported to 
                                the title IX coordinator; and
                            ``(II) does not include an undergraduate 
                        student; and
                    ``(iii) the term `title IX coordinator' means a 
                responsible employee, as described in section 106.8(a) 
                of title 34, Code of Federal Regulations, designated to 
                coordinate efforts under title IX of the Education 
                Amendments of 1972 (20 U.S.C. 1681 et seq.).''.
                                 <all>