Campus Accountability and Safety Act
This bill addresses sexual harassment, sexual assault, and other violence and harassment on the campuses of institutions of higher education (IHEs). Among other provisions, the bill (1) requires additional information to be included in the annual campus security report provided to current and prospective students and employees, (2) requires each IHE to establish a campus security policy that meets certain requirements, and (3) authorizes grants to address these issues.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9136 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 9136
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 assault, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 4, 2022
Mrs. Carolyn B. Maloney of New York (for herself, Mr. Katko, Ms. Adams,
Ms. Barragan, Mr. Bowman, Mr. Casten, Mr. Danny K. Davis of Illinois,
Mr. DeSaulnier, Mr. Espaillat, Mr. Fitzpatrick, Ms. Lois Frankel of
Florida, Mr. Garamendi, Mr. Huffman, Ms. Jacobs of California, Mr.
Jones, Mr. Khanna, Ms. Lee of California, Mr. Lynch, Ms. Meng, Ms.
Moore of Wisconsin, Mrs. Napolitano, Ms. Newman, Ms. Norton, Mr.
Panetta, Mr. Price of North Carolina, Mr. Soto, Mr. Takano, Ms. Titus,
Ms. Tlaib, and Ms. Wasserman Schultz) introduced the following bill;
which was referred to the Committee on Education and Labor
_______________________________________________________________________
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 assault, 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, at a
minimum, publication in an easily accessible manner 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) if applicable, any memorandum of
understanding between the institution and law
enforcement, or a description of the working
relationship between the institution, campus
security personnel, or campus law enforcement
and State or local law enforcement agencies;
and'';
(C) in subparagraph (F)--
(i) in clause (i)--
(I) by redesignating subclauses
(III) through (IX) as subclauses (VI)
through (XII); and
(II) by striking subclause (II) and
inserting the following:
``(II) rape;
``(III) fondling;
``(IV) incest;
``(V) statutory rape;''; and
(ii) in clause (ii), by striking
``subclauses (I) through (VIII) of clause (i)''
and inserting ``subclauses (I) through (XI) of
clause (i)''; and
(D) by adding at the end the following:
``(K)(i) With respect to the criminal activity
described in subclauses (II) and (III) of subparagraph
(F)(i), the eligible institution shall prepare for the
annual security report that is due on the date that is
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 where
the respondent is a student at the institution.
``(II) Of the incidents described in
subclause (I), the number of such incidents
that were reported to the title IX coordinator
or other higher education responsible employee
of the institution.
``(III) Of the incidents described in
subclause (II), the number of victims who
sought campus disciplinary action at the
institution.
``(IV) Of the victims described in
subclause (III), the number of cases processed
through the student disciplinary process of the
institution.
``(V) Of the cases described in subclause
(IV), the number of respondents who were found
responsible through the student disciplinary
process of the institution.
``(VI) Of the cases described in subclause
(IV), the number of respondents who were found
not responsible through the student
disciplinary process of the institution.
``(VII) A description of the final
sanctions imposed by the institution for each
incident for which a respondent was found
responsible through the student disciplinary
process of the institution, if such description
will not reveal personally identifiable
information about an individual student.
``(VIII) The number of student disciplinary
proceedings at the institution that have closed
without resolution since the previous annual
security report due to withdrawal from the
institution of higher education by the
respondent pending resolution of the student
disciplinary proceeding.
``(ii) The Secretary shall provide technical
assistance to eligible institutions to assist such
institutions in meeting the requirements of this
subparagraph.'';
(2) in paragraph (6)(A), by adding at the end the
following:
``(vi) The term `complainant' means an individual who is
alleged to be the victim of conduct that could constitute
domestic violence, dating violence, sexual assault, sexual
harassment, or stalking.
``(vii) The term `respondent' means an individual who is
alleged to be the perpetrator of conduct that could constitute
domestic violence, dating violence, sexual assault, sexual
harassment, or stalking.
``(viii) 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.
``(ix) The term `higher education responsible employee'
means an employee of an institution of higher education who--
``(I) has the authority to take action to redress
domestic violence, dating violence, sexual assault,
sexual harassment, or stalking; or
``(II) has the duty to report domestic violence,
dating violence, sexual assault, sexual harassment, or
stalking or any other misconduct by students or
employees to appropriate school officials.'';
(3) by striking paragraph (7) and inserting the following:
``(7) The statistics described in clauses (i), (ii), and
(iii) of paragraph (1)(F)--
``(A) shall not identify complainants or
respondents or contain any other information from which
complainants or respondents could be identified; and
``(B) 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 (34 U.S.C.
12291(a)).
``(ii) For the offense of rape, such
statistics shall be compiled in accordance with
the definition of rape as the penetration, no
matter how slight, of the vagina or anus with
any body part or object, or oral penetration by
a sex organ of another person, without the
consent of the victim.
``(iii) For the offenses of fondling,
incest, and statutory rape, such statistics
shall be compiled in accordance with the
definition used in the National Incident Based
Reporting System.
``(iv) For offenses not described in clause
(i), (ii), or (iii), such statistics shall be
compiled in accordance with the Uniform Crime
Reporting Program of the Department of Justice,
Federal Bureau of Investigation, and the
modifications to such definitions as
implemented pursuant to the Hate Crime
Statistics Act (34 U.S.C. 41305).''; and
(4) 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
complainant's wishes, cooperate with local law
enforcement with respect to any alleged
criminal offenses involving students or
employees of the institution of higher
education, including by notifying and obtaining
written consent from a complainant who has been
fully and accurately informed about what
procedures shall occur if information is
shared, when the institution of higher
education seeks to share information regarding
an alleged criminal offenses with a law
enforcement agency'' 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 5 days of such determination''
after ``sexual assault, or stalking'';
(II) in item (bb), by inserting
``simultaneously with the notification
of the outcome described in item
(aa),'' before ``the institution's'';
(III) in item (cc), by inserting
``within 5 days of such change'' after
``results become final''; and
(IV) in item (dd), by inserting
``within 5 days of such determination''
after ``results become final''.
SEC. 3. TRANSPARENCY.
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. TRANSPARENCY.
``The Secretary shall establish a publicly available, searchable,
accessible, and user-friendly campus safety 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 section 485(f) and 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 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 or section 485(f). 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'.
``(3) A comprehensive campus safety and security data
analysis tool that allows for the review and download of data
that institutions of higher education subject to section 485(f)
are required to report under this Act.
``(4) Information regarding how to file complaints with the
Department related to alleged violations of title IX of the
Education Amendments of 1972 (20 U.S.C. 1681) and of section
485(f).
``(5) Information regarding the Department's policies for
reviewing complaints, initiating compliance reviews, and
conducting and resolving investigations related to alleged
violations of title IX of the Education Amendments of 1972 (20
U.S.C. 1681) and of section 485(f). This information shall
include--
``(A) the contact information for at least one
individual at the Department who can answer questions
from institutions of higher education, complainants (as
defined in section 485(f)(6)), and other interested
parties about such policies;
``(B) potential outcomes of an investigation; and
``(C) the expected timeframe for resolution of an
investigation and any circumstance that may change such
timeframe.''.
SEC. 4. UNIVERSITY SUPPORT FOR SURVIVORS OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, SEXUAL HARASSMENT, AND
STALKING.
(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 DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT, SEXUAL HARASSMENT, AND
STALKING.
``(a) Definitions.--In this section:
``(1) Complainant.--The term `complainant' means an
individual who is alleged to be the victim of conduct that
could constitute domestic violence, dating violence, sexual
assault, sexual harassment, or stalking.
``(2) Higher education responsible employee.--The term
`higher education responsible employee' has the meaning given
the term in section 485(f)(6).
``(3) Respondent.--The term `respondent' means an
individual who is alleged to be the perpetrator of conduct that
could constitute domestic violence, dating violence, sexual
assault, sexual harassment, or stalking.
``(4) Title ix coordinator.--The term `title IX
coordinator' has the meaning given the term in section
485(f)(6).
``(5) Victim-centered, trauma-informed interview
techniques.--The term `victim-centered, trauma-informed
interview techniques' means asking questions of an individual
who reports that the individual has been a victim of domestic
violence, dating violence, sexual assault, sexual harassment,
or stalking, in a manner that is focused on the experience of
the victim, does not judge or blame the victim for the alleged
act, is informed by evidence-based research on the neurobiology
of trauma, and contains information on cultural competence
based on practices of rape crisis centers, victim advocacy
centers, sexual assault response teams, title IX offices, and
similar groups, including organizations that work with
underserved populations (as defined in section 40002 of the
Violence Against Women Act of 1994 (34 U.S.C. 12291)).
``(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) Sexual and interpersonal violence coordinators.--The
designation of one or more sexual and interpersonal violence
coordinators at the institution to whom student complainants of
domestic violence, dating violence, sexual assault, sexual
harassment, or stalking can report, including anonymously,
which shall be part of a policy that complies with the
following:
``(A) The sexual and interpersonal violence
coordinator--
``(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;
``(ii) may have other roles at the
institution;
``(iii) shall be appointed based on
experience and a demonstrated ability of the
individual to effectively provide trauma-
informed victim services related to domestic
violence, dating violence, sexual assault,
sexual harassment, and stalking, including to
underserved populations (as defined in section
40002 of the Violence Against Women Act of 1994
(34 U.S.C. 12291));
``(iv) shall be supervised by an individual
outside the body responsible for investigating
and adjudicating complaints at the institution
related to domestic violence, dating violence,
sexual assault, sexual harassment, and
stalking;
``(v) shall not serve as an advisor under
section 485(f)(8)(B)(iv)(III); and
``(vi) shall not be required to report
allegations as a campus security authority
under section 485(f).
``(B) The Secretary shall designate categories of
employees that may serve as sexual and interpersonal
violence coordinators, such as health care staff,
clergy, staff of a women's center, or other such
categories, and specify under what conditions
individuals may go through training to obtain victim
advocate privilege in States with applicable laws. Such
designation shall not preclude the institution from
designating other employees or partnering with
national, State, or local victim services organizations
to serve as sexual and interpersonal violence
coordinators or to serve in other confidential roles.
``(C) The sexual and interpersonal violence
coordinator shall complete the training requirements
described in paragraph (5) and subparagraph (D) within
a reasonable time after being designated as a sexual
and interpersonal violence coordinator.
``(D) The Secretary shall develop online training
materials, in addition to the training required under
paragraph (5), not later than 1 year after the date of
enactment of the Campus Accountability and Safety Act,
for the training of sexual and interpersonal violence
coordinators.
``(E) The sexual and interpersonal violence
coordinator shall inform the complainant, including in
a written format--
``(i) of the complainant's rights under
Federal and State law;
``(ii) of the complainant's rights and
options pursuant to the policy that the
institution of higher education has developed
pursuant to clauses (ii) through (vii) of
section 485(f)(8)(B);
``(iii) of the complainant'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;
``(iv) a description of the process of
investigation and any disciplinary proceeding
of the institution that may follow notification
of a higher education responsible employee;
``(v) a description of the process of civil
investigation and adjudication of the criminal
justice system that may follow notification of
law enforcement;
``(vi) a description of the jurisdiction,
scope, and possible sanctions of the student
disciplinary process of the institution of
higher education and of the criminal justice
process, including any possible sanctions for
complainants, such as laws regarding false
reporting, in a victim-centered and trauma-
informed manner;
``(vii) that the student disciplinary
process of the institution of higher education
in not equivalent to, and should not be
considered a substitute for, the criminal
justice process;
``(viii) any limitations on the ability of
the sexual and interpersonal violence
coordinator to provide privacy or
confidentiality to the complainant under the
policies of the institution of higher
education, Federal law, or State law; and
``(ix) of a list of local rape crisis
centers, victim advocacy centers, sexual and
interpersonal violence teams, title IX offices,
or similar groups that are based on or near
campus and can reasonably be expected to act as
a resource for the student.
``(F) The sexual and interpersonal violence
coordinator may, as appropriate--
``(i) serve as a liaison between a
complainant and a higher education responsible
employee or law enforcement, provided the
sexual and interpersonal violence coordinator
has obtained written consent from the
complainant who has been fully and accurately
informed about what procedures shall occur if
information is shared; and
``(ii) assist a complainant in contacting
and reporting to a higher education responsible
employee or law enforcement.
``(G) The sexual and interpersonal violence
coordinator shall be authorized by the institution to
liaise with appropriate staff at the institution to
arrange reasonable accommodations through the
institution to allow the complainant to change living
arrangements or class schedules, obtain accessibility
services (including language services), or arrange
other accommodations for the complainant. The
institution may not require that the complainant report
to a law enforcement agency as a condition to grant
such accommodations.
``(H) The sexual and interpersonal violence
coordinator shall not be obligated to report crimes to
the institution or law enforcement in a way that
identifies a complainant or respondent, unless
otherwise required to do so by State law. The sexual
and interpersonal violence coordinator shall, to the
extent authorized under State law, provide confidential
services.
``(I) The institution shall designate as a sexual
and interpersonal violence coordinator an individual
who has victim advocate privilege under State law
(including receipt of any applicable State-required
training for that purpose) if there is such an
individual employed by the institution. The institution
may partner through a formal agreement with an outside
organization with the experience described in
subparagraph (A)(iii), such as a community-based rape
crisis center or other community-based sexual assault
service provider, to provide the services described in
this paragraph.
``(J) The sexual and interpersonal violence
coordinator shall collect and report anonymized
statistics, on an annual basis, unless prohibited by
State law. The sexual and interpersonal violence
coordinator shall ensure that such reports do not
include identifying information and that the
confidentiality of a complainant or respondent is not
jeopardized through the reporting of such statistics.
Any requests for accommodations, as described in
subparagraph (G), made by a sexual and interpersonal
violence coordinator shall not trigger an investigation
by the institution, even if the sexual and
interpersonal violence coordinator deals only with
matters relating to domestic violence, dating violence,
sexual assault, sexual harassment, and stalking.
``(K) The institution shall appoint an adequate
number of sexual and interpersonal violence
coordinators not later than the earlier of--
``(i) 1 year after the Secretary determines
through a negotiated rulemaking process what an
adequate number of sexual and interpersonal
violence coordinators is for an institution
based on its size; or
``(ii) 3 years after the date of enactment
of the Campus Accountability and Safety Act.
``(L) As part of the negotiated rulemaking process
described in subparagraph (K)(i), the Secretary shall
determine a process to allow institutions that enroll
fewer than 1,000 students to partner with another
institution of higher education in their region or
State to provide the services described in this
paragraph while ensuring that students continue to have
adequate access to a sexual and interpersonal violence
coordinator.
``(M) The institution shall not discipline,
penalize, or otherwise retaliate against an individual
who reports, in good faith, domestic violence, dating
violence, sexual assault, sexual harassment, or
stalking to the sexual and interpersonal violence
coordinator.
``(N) Each employee of an institution who receives
a report of domestic violence, dating violence, sexual
assault, sexual harassment, or stalking shall notify
the reporting individual of the existence of, contact
information for, and services provided by sexual and
interpersonal violence coordinator of the institution.
``(2) Information on the institution's website.--The
institution shall list on its website--
``(A) the name and contact information for the
sexual and interpersonal violence coordinator;
``(B) reporting options, including confidential
options, for complainants of domestic violence, dating
violence, sexual assault, sexual harassment, 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 complainant, as described
in paragraph (1)(G);
``(F) the telephone number and website address for
a local, State, or national hotline providing
information to complainants (which shall be clearly
communicated on the website and shall be updated on a
timely basis);
``(G) the name and location of the nearest medical
facility where an individual may have a medical
forensic examination administered by a trained sexual
assault forensic nurse, including information on
transportation options and available reimbursement for
a visit to such facility;
``(H) the institution's amnesty and retaliation
policies; and
``(I) a list of local rape crisis centers, victim
advocacy centers, sexual assault response teams, title
IX offices, or similar groups that are based on or near
campus and can reasonably be expected to act as a
resource for the student.
``(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, if they choose to do so, 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 sexual and interpersonal
violence coordinator and any other appropriate on- or off-
campus resource.
``(4) Amnesty policy.--
``(A) In general.--The institution shall provide an
amnesty policy for any student who reports, in good
faith, domestic violence, dating violence, sexual
assault, sexual harassment, or stalking to an
institution official, such that the reporting student
will not be sanctioned by the institution for a student
conduct violation related to alcohol use or drug use
that is revealed in the course of such a report and
that occurred at or near the time of the commission of
the domestic violence, dating violence, sexual assault,
sexual harassment, or stalking.
``(B) Good faith.--A determination of whether a
report is made in good faith--
``(i) shall be made in accordance with
regulations established by the Secretary
through a negotiated rulemaking process; and
``(ii) shall not include a presumptive
finding that a student did not act in good
faith based solely on the institution not
initiating a disciplinary proceeding based on
the student's report.
``(C) No preemption.--The requirement under
subparagraph (A) shall not preempt the ability of an
institution of higher education to establish an amnesty
policy for student conduct violations not mentioned in
this provision.
``(D) Provision of information.--The institution
shall provide information about the amnesty policy of
the institution on the website of the institution.
``(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 and
institutions of higher education, shall develop a
training program, which may include online training
modules, 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 domestic
violence, dating violence, sexual assault,
sexual harassment, or stalking; and
``(ii) each employee of an institution of
higher education who has responsibility for
conducting an interview with a complainant of
domestic violence, dating violence, sexual
assault, sexual harassment, or stalking.
``(B) Contents.--Such training shall include--
``(i) information on working with and
interviewing persons subjected to domestic
violence, dating violence, sexual assault,
sexual harassment, or stalking;
``(ii) information on particular types of
conduct that would constitute domestic
violence, dating violence, sexual assault,
sexual harassment, or stalking, regardless of
gender, including same-sex incidents of
domestic violence, dating violence, sexual
assault, sexual harassment, or stalking;
``(iii) information on consent and what
factors, including power dynamics, may impact
whether consent is voluntarily given, including
the ways drugs or alcohol may affect an
individual's ability to consent and information
on consent for victims with disabilities or
victims who may be neurodivergent;
``(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 domestic violence, dating
violence, sexual assault, sexual harassment,
and stalking may impact students differently
depending on their cultural background;
``(vii) information on cultural competence
that addresses the needs of underserved
populations (as defined in section 40002 of the
Violence Against Women Act of 1994 (34 U.S.C.
12291)) in the campus community; and
``(viii) information on sexual assault
dynamics, sexual assault perpetrator behavior,
and barriers to reporting.
``(C) Institutional training.--Each institution of
higher education 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 1 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 domestic violence, dating
violence, sexual assault, sexual harassment, or stalking.--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 domestic violence, dating violence, sexual assault,
sexual harassment, or stalking against a student who
attends the institution;
``(B) shall not carry out a different disciplinary
process on the same campus for domestic violence,
dating violence, sexual assault, sexual harassment, or
stalking, 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; and
``(C) may not, as a condition of student
participation in a disciplinary proceeding--
``(i) automatically notify a law
enforcement agency of--
``(I) a receipt of a report of
domestic violence, dating violence,
sexual assault, sexual harassment, or
stalking; or
``(II) the initiation of a campus
disciplinary proceeding; or
``(ii) require cooperation with a law
enforcement agency.
``(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 domestic
violence, dating violence, sexual assault, sexual harassment,
or stalking, 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 complainant
and respondent with written notice of the institution's
decision to proceed with an institutional disciplinary process
regarding an allegation of domestic violence, dating violence,
sexual assault, sexual harassment, or stalking within 24 hours
of such decision, and sufficiently in advance of a disciplinary
hearing to provide both the complainant and respondent with the
opportunity to meaningfully exercise their rights to a
proceeding that is prompt, fair, and impartial, which shall
include the opportunity for both parties to present witnesses
and other evidence, and any other 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 description of the process for the
disciplinary proceeding, including the estimated
timeline from initiation to final disposition.
``(C) A description of the rights and protections
available to the complainant and respondent, including
those described in section 485(f)(8)(B)(iv) and any
other rights or protections that the complainant and
respondent 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 complainant and
respondent can submit questions about any of the
information described in the written notice of the
institutional disciplinary process.
``(c) Penalties.--
``(1) Penalty relating to sexual and interpersonal violence
coordinators.--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) Sexual and interpersonal violence coordinator.--
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 sexual and interpersonal violence
coordinators 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 (8) 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. GRANTS TO IMPROVE PREVENTION AND RESPONSE TO DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT, SEXUAL HARASSMENT, 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 AND PREVENT DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, SEXUAL HARASSMENT, AND
STALKING ON CAMPUS
``SEC. 899. GRANTS FOR INSTITUTIONS TO ADDRESS AND PREVENT DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, SEXUAL
HARASSMENT, AND STALKING 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 and prevent domestic violence,
dating violence, sexual assault, sexual harassment, 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 section 125.
``(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);
and
``(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 (34 U.S.C. 20125) 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; or
``(B) that have demonstrated a strong commitment to
prioritizing the prevention of domestic violence,
dating violence, sexual assault, sexual harassment, and
stalking 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
domestic violence, dating violence, sexual
assault, sexual harassment, 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
domestic violence, dating violence, sexual
assault, sexual harassment, and stalking on
campus;
``(iii) hosting a conference that brings
together academic researchers to present and
share ideas and research regarding domestic
violence, dating violence, sexual assault,
sexual harassment, 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 domestic violence,
dating violence, sexual assault, sexual
harassment, 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 section for a period of not more than 5 years.
``(b) Use of Grant Funds.--
``(1) Mandatory uses.--Grant funds awarded under this
section shall be used to research best practices for preventing
and responding to domestic violence, dating violence, sexual
assault, sexual harassment, 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 domestic
violence, dating violence, sexual assault, sexual
harassment, and stalking on campus.
``(B) Strengthening victim services for incidents
involving domestic violence, dating violence, sexual
assault, sexual harassment, and stalking on campus,
which may involve partnerships with community-based
victim services agencies.
``(C) Strengthening prevention education and
awareness programs on campus regarding domestic
violence, dating violence, sexual assault, sexual
harassment, and stalking.
``(2) Permissive uses.--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 domestic
violence, dating violence, sexual assault, sexual
harassment, 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 domestic violence, dating
violence, sexual assault, sexual harassment, 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 domestic violence, dating
violence, sexual assault, sexual harassment, and
stalking, and to improve delivery of victim assistance
on campus, including through the services of the sexual
and interpersonal violence coordinator (as described in
section 125(b)).
``(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 domestic
violence, dating violence, sexual assault, sexual
harassment, and stalking on campus.
``(E) Developing and implementing prevention
education and awareness programs on campus regarding
domestic violence, dating violence, sexual assault,
sexual harassment, 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 (as
defined in section 40002 of the Violence Against Women
Act of 1994 (34 U.S.C. 12291)) 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 of 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. 6. 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 domestic
violence, dating violence, sexual assault, sexual harassment,
and stalking on campus under section 899 of the Higher
Education Act of 1965, as added by section 5 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 Labor of the
House of Representatives.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and Labor.
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