[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 834 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 834

  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 SENATE OF THE UNITED STATES

                             April 14, 2011

Mr. Casey (for himself and Mrs. Murray) 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, 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.

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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