[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 4039 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 4039

  To amend the Higher Education Act of 1965 to improve education and 
    prevention related to campus sexual violence, intimate partner 
                        violence, and stalking.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 16, 2010

Mr. Casey (for himself and Mr. Specter) 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 to improve education and 
    prevention related to campus sexual violence, intimate partner 
                        violence, and stalking.

    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 Sexual Violence Elimination 
Act'' or the ``Campus SaVE Act''.

SEC. 2. CAMPUS SEXUAL VIOLENCE, INTIMATE PARTNER VIOLENCE, AND STALKING 
              EDUCATION AND PREVENTION.

    Section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 
1092(f)) is amended--
            (1) by amending paragraph (8) to read as follows:
    ``(8)(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) a statement of policy regarding--
            ``(i) such institution's sexual assault and other intimate 
        partner violence programs, which shall be aimed at prevention 
        of sex offenses and other intimate partner violence, including 
        stalking, dating violence, sexual violence, and domestic 
        violence offenses;
            ``(ii) the procedures followed once a sex offense or other 
        intimate partner violence, including stalking, dating violence, 
        sexual violence, or domestic violence offenses has occurred, 
        which shall include--
                    ``(I) providing, in writing, to each student or 
                employee who reports to the institution that he or she 
                has been a victim of a sex offense or other intimate 
                partner violence--
                            ``(aa) an explanation of the right of 
                        victims of such offenses to notify proper law 
                        enforcement authorities, including on-campus 
                        and local police, and the option to be assisted 
                        by campus authorities in notifying such 
                        authorities, if the student or employee so 
                        chooses;
                            ``(bb) an explanation of the right of 
                        victims of such offenses, when relevant, to 
                        obtain an order of protection, no contact 
                        order, restraining order, or similar lawful 
                        order issued by a criminal or civil court or 
                        enforce an order already in existence; and
                            ``(cc) contact information for advocacy, 
                        counseling, health, mental health, legal 
                        assistance and other services available to 
                        victims both on-campus and in the local 
                        community; and
                    ``(II) the institution honoring any order of 
                protection, no contact order, restraining order, or 
                similar lawful order issued by any criminal or civil 
                court.
    ``(B) The policy described in subparagraph (A) shall address the 
following areas:
            ``(i) Education programs to promote the awareness of sex 
        offenses and other intimate partner violence, including 
        stalking, dating violence, sexual violence, and domestic 
        violence offenses, which shall include--
                    ``(I) primary prevention and awareness programming 
                for all incoming students and new employees, including 
                information about--
                            ``(aa) the definition of consent in sexual 
                        relationships;
                            ``(bb) reporting such sex offenses, 
                        including those offenses occurring on and off 
                        campus;
                            ``(cc) bystander intervention; and
                            ``(dd) risk reduction; and
                    ``(II) ongoing prevention and awareness campaigns 
                to students and faculty, including information 
                described in items (aa) through (dd) of subclause (I).
            ``(ii) Possible sanctions to be imposed following the final 
        determination of an institutional disciplinary procedure 
        regarding sex offenses or other intimate partner violence.
            ``(iii) Procedures victims should follow if a sex offense 
        described in clause (ii) occurs, including who should be 
        contacted, the importance of preserving evidence as may be 
        necessary to the proof of criminal sexual assault, and to whom 
        the alleged offense should be reported.
            ``(iv) Procedures for on-campus disciplinary action in 
        cases of an alleged sexual offense or other intimate partner 
        violence, including stalking, dating violence, sexual violence, 
        or domestic violence offenses, which shall include a clear 
        statement that--
                    ``(I) any accuser shall have the opportunity to 
                request that prompt disciplinary proceedings be 
                initiated against the accused;
                    ``(II) such proceedings shall--
                            ``(aa) be conducted by officials trained to 
                        understand the issues of sex offenses and other 
                        intimate partner violence; and
                            ``(bb) use the preponderance of the 
                        evidence standard;
                    ``(III) the accuser and the accused are entitled to 
                the same opportunities to have others present during an 
                institutional disciplinary proceeding, including the 
                opportunity to be accompanied to any related meeting or 
                proceeding by an advisor of their choice; and
                    ``(IV) both the accuser and the accused shall be 
                informed, in writing, of the final results of any 
                institutional disciplinary proceeding brought alleging 
                a sex offense or other intimate partner violence within 
                one business day of such outcome being reached.
            ``(v) A student or employee who reports to the institution 
        that he or she have been the victim of a sex offense or 
        intimate partner violence shall receive notification of options 
        for, and available assistance in, changing academic, living, 
        transportation, and working situations, if such assistance is 
        requested by the student or employee and if such accommodations 
        are reasonably available.
    ``(C) Nothing in this paragraph shall be construed to confer a 
private right of action upon any person to enforce the provisions of 
this paragraph.'';
            (2) in paragraph (6), by adding at the end of subparagraph 
        (A) the following new clauses:
                            ``(iv) The term `intimate partner 
                        violence'--
                                    ``(I) means any physical, sexual, 
                                or psychological harm against an 
                                individual by a current or former 
                                partner or spouse of the individual;
                                    ``(II) includes stalking, dating 
                                violence, sexual violence, or domestic 
                                violence offense;
                                    ``(III) includes such harm against 
                                individuals in heterosexual and same-
                                sex relationships; and
                                    ``(IV) does not require sexual 
                                intimacy between the individual and 
                                such partner or spouse.
                            ``(v) The term `stalking' means an 
                        individual willfully and repeatedly engaging in 
                        a knowing course of harassing conduct directed 
                        at another individual that reasonably and 
                        seriously alarms, torments, or terrorizes such 
                        individual.
                            ``(vi) The term `primary prevention' means 
                        programming and strategies intended to stop 
                        sexual and intimate partner violence before it 
                        occurs through the changing of social norms and 
                        other approaches.
                            ``(vii) The term `awareness programming' 
                        means any program designed to alert students to 
                        the prevalence of intimate partner violence, 
                        sexual violence, and stalking, including--
                                    ``(I) discussions of the nature and 
                                number of cases of intimate partner 
                                violence, sexual violence, forcible sex 
                                offenses, and stalking reported at an 
                                institution of higher education in the 
                                3 preceding calendar years;
                                    ``(II) statistics on the outcomes 
                                of disciplinary proceedings for such 
                                cases at such institution; and
                                    ``(III) risk factors associated 
                                with such cases, including physically, 
                                sexually, and psychologically 
                                controlling behavior.
                            ``(viii) The term `bystander intervention' 
                        means safe and positive options that may be 
                        carried out by an individual to prevent or 
                        intervene when there is a risk of sexual 
                        violence against a person other than such 
                        individual.
                            ``(ix) The term `risk reduction' means 
                        options for recognizing warning signs of 
                        abusive personalities and how to fight back 
                        against potential attackers.
                            ``(x) The term `final results' means a 
                        decision or determination, made by an honor 
                        court or council, committee, commission, or 
                        other entity authorized to resolve disciplinary 
                        matters within the institution. The disclosure 
                        of final results shall include only the name of 
                        the accused, the violation alleged (including 
                        any institutional rules or code sections that 
                        were allegedly violated), essential findings 
                        supporting such final result, and any sanction 
                        imposed by the institution against the accused 
                        (including a description of any disciplinary 
                        action taken by the institution, the date of 
                        the imposition of such action, and the duration 
                        of such action).''; and
            (3) by adding at the end of paragraph (16) the following 
        new sentence: ``The Secretary shall seek the advice and counsel 
        of the Attorney General concerning the development, and 
        dissemination to institutions of higher education, of best 
        practices information about preventing and responding to 
        incidents of sex offenses, forcible and nonforcible, and other 
        intimate partner violence including stalking, dating violence, 
        sexual violence, and domestic violence offenses.''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall take effect with respect to 
any annual security report under section 485(f)(1) of the Higher 
Education Act of 1965 (20 U.S.C. 1092(f)(1)) prepared by an institution 
of higher education in calendar year 2012 and any subsequent calendar 
year.
                                 <all>