[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 128 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 128

  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

             January 24 (legislative day, January 3), 2013

Mr. Casey (for himself, Mr. Bennet, Mr. Lautenberg, Ms. Mikulski, Mrs. 
   Murray, Mrs. Boxer, Ms. Klobuchar, and Mr. Begich) 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''.

SEC. 2. CAMPUS SEXUAL VIOLENCE, DOMESTIC VIOLENCE, DATING VIOLENCE, AND 
              STALKING EDUCATION AND PREVENTION.

    (a) In General.--Section 485(f) of the Higher Education Act of 1965 
(20 U.S.C. 1092(f)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (C)(iii), by striking the 
                period at the end and inserting ``, when the victim of 
                such crime elects or is unable to make such a 
                report.''; and
                    (B) in subparagraph (F)--
                            (i) in clause (i)(VIII), by striking 
                        ``and'' after the semicolon;
                            (ii) in clause (ii)--
                                    (I) by striking ``sexual 
                                orientation'' and inserting ``national 
                                origin, sexual orientation, gender 
                                identity,''; and
                                    (II) by striking the period 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.'';
            (2) in paragraph (3), by inserting ``, that withholds the 
        names of victims as confidential,'' after ``that is timely'';
            (3) in paragraph (6)(A)--
                    (A) by redesignating clauses (i), (ii), and (iii) 
                as clauses (ii), (iii), and (iv), respectively;
                    (B) by inserting before clause (ii), as 
                redesignated by subparagraph (A), the following:
            ``(i) The terms `dating violence', `domestic violence', and 
        `stalking' have the meaning given such terms in section 
        40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 
        13925(a)).''; and
                    (C) by inserting after clause (iv), as redesignated 
                by subparagraph (A), the following:
            ``(v) 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.'';
            (4) 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)).'';
            (5) 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, and 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, including a statement 
        of the standard of evidence that will be used during any 
        institutional conduct proceeding arising from such a report.
    ``(B) The policy described in subparagraph (A) shall address the 
following areas:
            ``(i) Education programs to promote the awareness of rape, 
        acquaintance rape, 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 
                        in the applicable jurisdiction;
                            ``(cc) the definition of consent, in 
                        reference to sexual activity, in the applicable 
                        jurisdiction;
                            ``(dd) safe and positive options for 
                        bystander intervention 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;
                            ``(ee) information on risk reduction to 
                        recognize warning signs of abusive behavior and 
                        how to avoid potential attacks; and
                            ``(ff) the information described in clauses 
                        (ii) through (vii); and
                    ``(II) ongoing prevention and awareness campaigns 
                for students and faculty, including information 
                described in items (aa) through (ff) of subclause (I).
            ``(ii) Possible sanctions or protective measures that such 
        institution may impose following a final determination of an 
        institutional disciplinary procedure regarding rape, 
        acquaintance rape, domestic violence, dating violence, sexual 
        assault, or stalking.
            ``(iii) Procedures victims should follow if a sex offense, 
        domestic violence, dating violence, sexual assault, or stalking 
        has occurred, including information in writing about--
                    ``(I) 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;
                    ``(II) to whom the alleged offense should be 
                reported;
                    ``(III) options regarding law enforcement and 
                campus authorities, including notification of the 
                victim's option to--
                            ``(aa) notify proper law enforcement 
                        authorities, including on-campus and local 
                        police;
                            ``(bb) be assisted by campus authorities in 
                        notifying law enforcement authorities if the 
                        victim so chooses; and
                            ``(cc) decline to notify such authorities; 
                        and
                    ``(IV) where applicable, the rights of victims and 
                the institution's responsibilities regarding orders of 
                protection, no contact orders, restraining orders, or 
                similar lawful orders issued by a criminal, civil, or 
                tribal court.
            ``(iv) Procedures for institutional disciplinary action in 
        cases of alleged domestic violence, dating violence, sexual 
        assault, or stalking, which shall include a clear statement 
        that--
                    ``(I) such proceedings shall--
                            ``(aa) provide a prompt, fair, and 
                        impartial investigation and 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; and
                    ``(III) both the accuser and the accused shall be 
                simultaneously informed, in writing, of--
                            ``(aa) the outcome of any institutional 
                        disciplinary proceeding that arises from an 
                        allegation of domestic violence, dating 
                        violence, sexual assault, or stalking;
                            ``(bb) the institution's procedures for the 
                        accused and the victim to appeal the results of 
                        the institutional disciplinary proceeding;
                            ``(cc) any change to the results that 
                        occurs prior to the time that such results 
                        become final; and
                            ``(dd) when such results become final.
            ``(v) 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.
            ``(vi) Written notification of students and employees about 
        existing counseling, health, mental health, victim advocacy, 
        legal assistance, and other services available for victims both 
        on-campus and in the community.
            ``(vii) Written notification of victims about options for, 
        and available assistance in, changing academic, living, 
        transportation, and working situations, if so requested by the 
        victim and if such accommodations are reasonably available, 
        regardless of whether the victim chooses to report the crime to 
        campus police or local law enforcement.
    ``(C) A student or employee who reports to an institution of higher 
education that the student or employee has been a victim of domestic 
violence, dating violence, sexual assault, or stalking, whether the 
offense occurred on or off campus, shall be provided with a written 
explanation of the student or employee's rights and options, as 
described in clauses (ii) through (vii) of subparagraph (B).'';
            (6) in paragraph (9), by striking ``The Secretary'' and 
        inserting ``The Secretary, in consultation with the Attorney 
        General of the United States,'';
            (7) by striking paragraph (16) and inserting the following:
    ``(16)(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 and the Secretary of Health and 
Human Services 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
            (8) by striking paragraph (17) and inserting the following:
    ``(17) 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.''.
    (b) Effective Date.--The amendments made by this section 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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