[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2016 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 2016
To amend the Higher Education Act of 1965 to improve education and
prevention related to campus sexual violence, domestic violence, dating
violence, and stalking.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 26, 2011
Mrs. Maloney (for herself, Mr. Duncan of Tennessee, Mr. Costa, Mr.
McGovern, Mr. Grijalva, and Mrs. McCarthy of New York) introduced the
following bill; which was referred to the Committee on Education and
the Workforce
_______________________________________________________________________
A BILL
To amend the Higher Education Act of 1965 to improve education and
prevention related to campus sexual violence, domestic violence, dating
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. FINDINGS.
Congress finds the following:
(1) Between 20 and 25 percent of female students will
experience some form of sexual assault during their years at an
institution of higher education, and nearly 3 percent of all
such women become victims of either attempted or completed rape
in each 9-month academic year.
(2) Multiple studies indicate that lesbian, gay, bisexual,
and transgender (LGBT) students are more likely to experience
violence and threats of violence, including sexual violence,
than their non-LGBT peers.
(3) Between 85 and 90 percent of reported sexual assaults
against female students at institutions of higher education are
perpetrated by someone known to the victim, and nearly half of
such sexual assaults occur on a date.
(4) Less than 5 percent of rapes or attempted rapes of
female students at institutions of higher education are
reported to campus authorities or law enforcement. In 2009,
only 2,578 forcible sex offenses and 68 non-forcible sex
offenses that occurred on the campus of a 2-year or 4-year
institution of higher education were reported, among 8,476 2-
year and 4-year public and private institutions of higher
education.
(5) Students are more likely to report a sexual assault
when they know how to report a sexual assault and how a school
will respond if such a report is made, yet fewer than half of
the institutions of higher education in the United States have
written policies for filing criminal charges and campus reports
related to sexual assault.
(6) Only \1/3\ of the institutions of higher education in
the United States report their crime statistics correctly,
resulting in statistics in which instances of sexual assault
have been misclassified and underrepresented. Less than half of
all institutions of higher education in the United States offer
any sexual assault training, and such training is often
provided only for resident advisers and security officers.
(7) Thirty-six percent of institutions of higher education
offer safety training that includes teaching students how to
prevent and defend against sexual assault.
(8) Less than 20 percent of institutions of higher
education educate students about acquaintance rape, and less
than half of 4-year public institutions do so.
(9) According to campus administrators, the reporting of
sexual assaults would be facilitated if institutions of higher
education provided services for victims, written law
enforcement response procedures, new student orientation, and
campus-wide publicity about past crimes.
(10) While dating, domestic, and sexual violence affect
women regardless of their age, teens and young women are
especially vulnerable.
(11) Women of all ages are at risk for domestic and sexual
violence, and women ages 20 to 24 are at the greatest risk of
experiencing nonfatal intimate partner violence.
(12) Individuals ages 18 and 19 experience the highest
rates of stalking.
SEC. 3. CAMPUS SEXUAL VIOLENCE, DOMESTIC VIOLENCE, DATING 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) in paragraph (1)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``on August 1, 1991, begin
to''; and
(ii) by striking ``beginning September 1,
1992, and each year thereafter,'' and inserting
``, by October 1 of each year,'';
(B) by striking subparagraph (A) and inserting the
following:
``(A) A statement of current campus policies regarding
procedures and facilities for students, employees, and others
in the campus community to report criminal actions or other
emergencies occurring on campus, on public property, and in or
on noncampus buildings or property, and policies concerning the
institution's response to such reports.'';
(C) in subparagraph (C)(iii), by striking the
period at the end and adding at the end ``, when the
victim of such crime elects to make such a report.'';
(D) in subparagraph (F)--
(i) by striking ``and'' at the end of
clause (i)(IX);
(ii) by striking the period at the end of
clause (ii) and inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) of domestic violence, dating violence, and
stalking incidents that were reported to campus
security authorities or local police agencies.''; and
(E) in subparagraph (I), by striking ``section
170101(j)'' through the end, and inserting ``the Jacob
Wetterling, Megan Nicole Kanka, and Pam Lychner Sex
Offender Registration and Notification Program
established under the Adam Walsh Child Protection and
Safety Act of 2006 (42 U.S.C. 16901 et seq.) concerning
registered sex offenders enrolled or working at the
institution may be obtained, such as the law
enforcement office of the institution, a local law
enforcement agency with jurisdiction for the campus, or
a Web site.'';
(2) in paragraph (3), by inserting ``, that withholds the
names of victims as confidential,'' after ``that is timely'';
(3) in paragraph (5)(A), by striking ``September 1, 2000''
and inserting ``December 31, 2012'';
(4) by striking paragraph (6)(A) and inserting the
following:
``(6)(A) In this subsection:
``(i) The term `awareness program' means any program
designed to alert students at an institution of higher
education to the prevalence of domestic violence, dating
violence, sexual assault, or stalking, including--
``(I) discussions of the nature and number of cases
of domestic violence, dating violence, sexual assault,
and stalking at such institution 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.
``(ii) The term `bystander intervention' means safe and
positive options that may be carried out by an individual to
prevent harm or intervene when there is a risk of domestic
violence, dating violence, sexual assault, or stalking against
a person other than such individual.
``(iii) The term `campus' means--
``(I) any building or property owned or controlled
by an institution of higher education within the same
reasonably contiguous geographic area of the
institution and used by the institution in direct
support of, or in a manner related to, the
institution's educational purposes, including residence
halls; and
``(II) property within the same reasonably
contiguous geographic area of the institution that is
owned by the institution but controlled by another
person, is used by students, and supports institutional
purposes (such as a food or other retail vendor).
``(iv) The term `dating violence' has the meaning given the
term in section 40002(a) of the Violence Against Women Act of
1994 (42 U.S.C. 13925(a)).
``(v) The term `domestic violence' has the meaning given
the term in section 40002(a) of the Violence Against Women Act
of 1994 (42 U.S.C. 13925(a)).
``(vi) The term `noncampus building or property' means--
``(I) any building or property owned or controlled
by a student organization recognized by the
institution; and
``(II) any building or property (other than a
branch campus) owned or controlled by an institution of
higher education that is used in direct support of, or
in relation to, the institution's educational purposes,
is used by students, and is not within the same
reasonably contiguous geographic area of the
institution.
``(vii) The term `primary prevention' means programming and
strategies intended to stop domestic violence, dating violence,
sexual assault, or stalking before it occurs through the
changing of social norms and other approaches.
``(viii) The term `public property' means all public
property that is within the same reasonably contiguous
geographic area of the institution, such as a sidewalk, a
street, other thoroughfare, or parking facility, and is
adjacent to a facility owned or controlled by the institution
if the facility is used by the institution in direct support
of, or in a manner related to the institution's educational
purposes.
``(ix) The term `results' means a decision or
determination, made by an honor court or council, committee,
commission, or other entity authorized to resolve disciplinary
matters within an institution of higher education.
``(x) The term `risk reduction' means options for
recognizing warning signs of abusive behavior, and how to avoid
potential attacks.
``(xi) The term `sexual assault' means an offense
classified as a forcible or nonforcible sex offense under the
uniform crime reporting system of the Federal Bureau of
Investigation.
``(xii) The term `stalking' has the meaning given the term
in section 40002(a) of the Violence Against Women Act of 1994
(42 U.S.C. 13925(a)).'';
(5) in paragraph (7)--
(A) by striking ``paragraph (1)(F)'' and inserting
``clauses (i) and (ii) of paragraph (1)(F)''; and
(B) by inserting after ``Hate Crime Statistics
Act.'' the following: ``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)).'';
(6) by striking paragraph (8) and inserting the following:
``(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 programs to prevent domestic
violence, dating violence, sexual assault, or stalking; and
``(ii) the procedures that such institution will follow
once an incident of domestic violence, dating violence, sexual
assault, or stalking has been reported, 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 domestic violence, dating
violence, sexual assault, or stalking--
``(aa) an explanation of--
``(AA) the right of victims of such
offenses to notify proper law
enforcement authorities, including on-
campus and local police;
``(BB) the option to be assisted by
campus authorities in notifying such
authorities if the student or employee
so chooses; and
``(CC) the right of victims of such
offenses to not notify such
authorities;
``(bb) an explanation of the right of
victims of such offenses, when relevant, to
seek an order of protection, no contact order,
restraining order, or similar lawful order
issued by a criminal, civil, or tribal court or
enforce an order already in existence;
``(cc) contact information for victim
advocacy, counseling, health, mental health,
legal assistance, and other services available
to victims both on-campus and in the local
community;
``(dd) an explanation of the availability
of a victims' rights advocate to assist in
reporting an incident and in locating and
utilizing victim services;
``(ee) an explanation of the institution's
disciplinary process; and
``(ff) suggested safety planning (including
a change in residence, class schedule, and
travel) and individuals at the institution and
in the local community who can assist the
victim in implementing safety planning;
``(II) a description of how such institution shall
help to enforce any order of protection, no contact
order, restraining order, or similar lawful order
issued by any criminal, civil, or tribal court, if the
victim has informed such institution of such order; and
``(III) information about how the institution will
protect the confidentiality of victims, including how
publicly available recordkeeping will be accomplished
without the inclusion of identifying information about
the victim, to the extent permissible by law.
``(B) The policy described in subparagraph (A) shall address the
following areas:
``(i) Education programs to promote the awareness of the
offenses of domestic violence, dating violence, sexual assault,
and stalking, which shall include--
``(I) primary prevention and awareness programs for
all incoming students and new employees, which shall
include--
``(aa) a statement that the institution of
higher education prohibits the offenses of
domestic violence, dating violence, sexual
assault, and stalking;
``(bb) the definition of domestic violence,
dating violence, sexual assault, and stalking;
``(cc) the definition of consent in
reference to sexual activity;
``(dd) information about reporting such
offenses, including such offenses that occur on
and off campus;
``(ee) the elements of healthy
relationships and the right of individuals to
live without the fear of becoming a victim of
domestic violence, dating violence, sexual
assault, or stalking;
``(ff) bystander intervention; and
``(gg) risk reduction; and
``(II) ongoing prevention and awareness campaigns
for students and faculty, including information
described in items (aa) through (gg) of subclause (I).
``(ii) Possible sanctions or protective measures that such
institution may impose following the final determination of an
institutional disciplinary procedure regarding domestic
violence, dating violence, sexual assault, or stalking.
``(iii) Procedures' victims should follow if domestic
violence, dating violence, sexual assault, or stalking occurs,
including information about the importance of preserving
evidence as may be necessary to the proof of criminal domestic
violence, dating violence, sexual assault, or stalking, or in
obtaining a protection order.
``(iv) Information about to whom the alleged domestic
violence, dating violence, sexual assault, or stalking should
be reported.
``(v) Procedures for institutional disciplinary action in
cases of an alleged incident of domestic violence, dating
violence, sexual assault, or stalking, which shall include a
clear statement that--
``(I) such proceedings shall--
``(aa) provide a prompt and equitable
resolution;
``(bb) be conducted by officials who
receive annual training on the issues related
to domestic violence, dating violence, sexual
assault, and stalking and how to conduct an
investigation and hearing process that protects
the safety of victims and promotes
accountability; and
``(cc) use the preponderance of the
evidence standard;
``(II) 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;
``(III) both the accuser and the accused shall be
simultaneously informed, in writing--
``(aa) of the results of any institutional
disciplinary proceeding that arises from an
allegation of domestic violence, dating
violence, sexual assault, or stalking;
``(bb) when the institution accepts an
appeal of such results;
``(cc) of any change to such results that
occurs prior to the time that such results
become final; and
``(dd) when such results become final; and
``(IV) any disclosure of results under subclause
(III)--
``(aa) shall include only the name of the
accused, the violation alleged, and whether any
institutional rules or code sections were
violated, essential findings supporting such
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);
``(bb) shall include a notice of whether an
appeal will be permitted, a notice of the
grounds for appeal, and a clear statement that
if an appeal is permitted, both the accuser and
the accused shall be entitled to appeal; and
``(cc) shall not include identifying
information about the victim.
``(vi) Policies and procedures to ensure that a student or
employee who reports to the institution that he or she has been
the victim of domestic violence, dating violence, sexual
assault, or stalking, regardless of whether the victim chooses
to report the crime to campus police or local law enforcement,
shall receive information about 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.'';
(7) in paragraph (9), by striking ``The Secretary'' and
inserting ``The Secretary, in consultation with the Attorney
General of the United States (through the Director of the
Office on Violence Against Women),'';
(8) by striking paragraph (14);
(9) by redesignating paragraphs (15) through (18) as
paragraphs (14) through (17), respectively;
(10) by striking paragraph (15), as redesignated by
paragraph (9), and inserting the following:
``(15)(A) The Secretary shall seek the advice and counsel of the
Attorney General of the United States concerning the development, and
dissemination to institutions of higher education, of best practices
information about campus safety and emergencies.
``(B) The Secretary shall seek the advice and counsel of the
Attorney General of the United States (through the Director of the
Office on Violence Against Women) and the Secretary of Health and Human
Services (through the Director of the Family Violence Prevention and
Services Office) concerning the development, and dissemination to
institutions of higher education, of best practices information about
preventing and responding to incidents of domestic violence, dating
violence, sexual assault, and stalking, including elements of
institutional policies that have proven successful based on evidence-
based outcome measurements.''; and
(11) by striking paragraph (16), as redesignated by
paragraph (9), and inserting the following:
``(16) No officer, employee, or agent of an institution
participating in any program under this title shall retaliate,
intimidate, threaten, coerce, or otherwise discriminate against any
individual for exercising their rights or responsibilities under any
provision of this subsection.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall take effect with respect to
the 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 1 calendar year after the date of enactment of this
Act, and each subsequent calendar year.
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