Tyler Clementi Higher Education Anti-Harassment Act of 2023
This bill addresses harassment at institutions of higher education (IHEs).
Specifically, the bill requires each IHE to include in its annual security report a statement of policy regarding harassment on the basis of a student's actual or perceived race, color, national origin, sex (including sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, and a sex stereotype), disability, or religion.
In addition, the Department of Education may award grants to IHEs to initiate, expand, or improve programs to (1) prevent the harassment of students; (2) provide counseling or redress services to students who have been harassed or accused of subjecting other students to harassment; or (3) educate and train students, faculty, or staff to prevent harassment or address harassment if it occurs.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2902 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 2902
To prevent harassment at institutions of higher education, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 21, 2023
Mrs. Murray (for herself, Ms. Baldwin, Mr. Blumenthal, Mr. Booker, Mr.
Brown, Mr. Cardin, Mr. Casey, Ms. Duckworth, Mrs. Feinstein, Mr.
Fetterman, Mrs. Gillibrand, Ms. Hassan, Ms. Hirono, Mr. Kaine, Ms.
Klobuchar, Mr. Lujan, Mr. Markey, Mr. Menendez, Mr. Merkley, Mr.
Padilla, Mr. Sanders, Mr. Schatz, Mrs. Shaheen, Ms. Smith, Mr. Van
Hollen, Ms. Warren, Mr. Whitehouse, and Mr. Wyden) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To prevent harassment at institutions of higher education, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tyler Clementi Higher Education
Anti-Harassment Act of 2023''.
SEC. 2. INSTITUTIONAL AND FINANCIAL ASSISTANCE INFORMATION FOR
STUDENTS.
Section 485(f) of the Higher Education Act of 1965 (20 U.S.C.
1092(f)) is amended--
(1) by striking the subsection heading and inserting
``Disclosure of Campus Security and Harassment Policy and
Campus Crime Statistics.'';
(2) in paragraph (6)(A)--
(A) by redesignating clauses (iii), (iv), and (v)
as clauses (vi), (vii), and (viii), respectively; and
(B) by inserting after clause (ii) the following:
``(iii) The term `commercial mobile service' has the
meaning given the term in section 332(d) of the Communications
Act of 1934 (47 U.S.C. 332(d)).
``(iv) The term `electronic communication' means any
transfer of signs, signals, writing, images, sounds, or data of
any nature transmitted in whole or in part by a wire, radio,
electromagnetic, photoelectronic, or photooptical system.
``(v) The term `electronic messaging services' has the
meaning given the term in section 102 of the Communications
Assistance for Law Enforcement Act (47 U.S.C. 1001).'';
(3) by redesignating paragraphs (9) through (18) as
paragraphs (10) through (19), respectively; and
(4) by inserting after paragraph (8) the following:
``(9)(A) Each institution of higher education participating in any
program under this title, other than a foreign institution of higher
education, shall develop and distribute as part of the report described
in paragraph (1)--
``(i) a statement of policy regarding harassment on the
basis of a student's actual or perceived race, color, national
origin, sex (including sexual orientation, gender identity,
pregnancy, childbirth, a medical condition related to pregnancy
or childbirth, and a sex stereotype), disability, or religion,
which shall include--
``(I) a prohibition of such harassment of enrolled
students by other students, faculty, and staff--
``(aa) on campus;
``(bb) in noncampus buildings or on
noncampus property;
``(cc) on public property;
``(dd) in dormitories or other residential
facilities for students on campus;
``(ee) through the use of electronic mail
addresses issued by the institution of higher
education;
``(ff) through the use of computers and
communication networks, including any
telecommunications service, owned, operated, or
contracted for use by the institution of higher
education or its agents; or
``(gg) during an activity sponsored by the
institution of higher education or carried out
with the use of resources provided by the
institution of higher education;
``(II) a prohibition of such harassment that is
carried out in whole or in part through the use of
electronic messaging services, commercial mobile
services, electronic communications, or other
technology;
``(III) a description of the institution's programs
to combat harassment, which shall be aimed at the
prevention of harassment;
``(IV) a description of the procedures that a
student should follow if an incident of harassment
occurs; and
``(V) a description of the procedures that the
institution will follow once an incident of harassment
has been reported; and
``(ii) a detailed description of each occasion in which a
pattern of harassment occurs based on one or more of the
characteristics described in clause (i) and the actions taken
by the institution of higher education.
``(B) The statement of policy described in subparagraph (A)(i)
shall address the following areas:
``(i) Procedures for timely institutional action in cases
of alleged harassment, which procedures shall include a clear
statement that the accuser and the accused shall be informed of
the outcome of any disciplinary proceedings in response to an
allegation of harassment.
``(ii) Possible sanctions to be imposed following the final
determination of an institutional disciplinary procedure
regarding harassment.
``(iii) Notification of existing counseling, mental health,
or student and employee services for victims or perpetrators of
harassment, both on campus and in the community.
``(iv) Identification of a designated employee or office at
the institution that will be responsible for receiving and
tracking each report of harassment by a student, faculty, or
staff member.''.
SEC. 3. ANTI-HARASSMENT COMPETITIVE GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) an institution of higher education, including
an institution of higher education in a collaborative
partnership with a nonprofit organization; or
(B) a consortium of institutions of higher
education located in the same State.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(b) Program Authorized.--The Secretary is authorized to award
grants, on a competitive basis, to eligible entities to enable eligible
entities to carry out the authorized activities described in subsection
(d).
(c) Amount of Grant Awards.--The Secretary shall ensure that each
grant awarded under this section is of sufficient amount to enable the
grantee to meet the purpose of this section.
(d) Authorized Activities.--An eligible entity that receives a
grant under this section shall use the funds made available through the
grant to address harassment on the basis of one or more of the
characteristics described in section 485(f)(9)(A)(i) of the Higher
Education Act of 1965 (20 U.S.C. 1092(f)(9)(A)(i)), as amended by
section 2 of this Act, by initiating, expanding, or improving
programs--
(1) to prevent the harassment of students at institutions
of higher education;
(2) at institutions of higher education that provide
counseling or redress services to students who have suffered
such harassment or students who have been accused of subjecting
other students to such harassment; or
(3) that educate or train students, faculty, or staff of
institutions of higher education about ways to recognize and
prevent harassment or ways to address such harassment if it
occurs.
(e) Application.--To be eligible to receive a grant under this
section, an eligible entity shall submit an application to the
Secretary at such time, in such manner, and containing such
information, as the Secretary may require.
(f) Duration; Renewal.--A grant under this section shall be awarded
for a period of not more than 3 years. The Secretary may renew a grant
under this section for one additional period of not more than 2 years.
(g) Award Considerations.--In awarding a grant under this section,
the Secretary shall select eligible entities that demonstrate the
greatest need for a grant and the greatest potential benefit from
receipt of a grant.
(h) Report and Evaluation.--
(1) Evaluation and report to the secretary.--Not later than
6 months after the end of the eligible entity's grant period,
the eligible entity shall--
(A) evaluate the effectiveness of the activities
carried out with the use of funds awarded pursuant to
this section; and
(B) prepare and submit to the Secretary a report on
the results of the evaluation conducted by the entity.
(2) Evaluation and report to congress.--Not later than 12
months after the date of receipt of the first report submitted
pursuant to paragraph (1) and annually thereafter, the
Secretary shall provide to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on
Education and Labor of the House of Representatives a report
that includes the following:
(A) The number and types of eligible entities
receiving assistance under this section.
(B) The anti-harassment programs being implemented
with assistance under this section and the costs of
such programs.
(C) Any other information determined by the
Secretary to be useful in evaluating the overall
effectiveness of the program established under this
section in decreasing incidents of harassment at
institutions of higher education.
(3) Best practices report.--The Secretary shall use the
information provided under paragraph (1) to publish a report of
evidence-based best practices for combating harassment at
institutions of higher education, which shall be based on
scientific research that meets nationally recognized standards.
The report shall be made available to all institutions of
higher education and other interested parties.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $50,000,000 for each of fiscal
years 2024 through 2029.
SEC. 4. EFFECT ON OTHER LAWS.
Nothing in this Act shall be construed to invalidate or limit
rights, remedies, procedures, or legal standards available under any
other Federal law or law of a State or political subdivision of a
State, including title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C.
1681 et seq.), section 504 or 505 of the Rehabilitation Act of 1973 (29
U.S.C. 794, 794a), or the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.). The obligations imposed by this Act are in
addition to those imposed by title VI of the Civil Rights Act of 1964
(42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972
(20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of 1973
(29 U.S.C. 794), and the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.).
<all>
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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