[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3408 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 3408

To amend the Higher Education Act of 1965 to protect victims of sexual 
    violence, to improve the adjudication by institutions of higher 
  education of allegations related to sexual violence, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 29, 2015

 Mr. Sessions (for himself and Mrs. Brooks of Indiana) 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 protect victims of sexual 
    violence, to improve the adjudication by institutions of higher 
  education of allegations related to sexual violence, 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 ``Fair Campus Act of 2015''.

SEC. 2. INSTITUTION OF HIGHER EDUCATION REQUIREMENTS FOR PROTECTING 
              VICTIMS OF SEXUAL VIOLENCE AND INVESTIGATING AND 
              ADJUDICATING ALLEGATIONS OF SEXUAL VIOLENCE.

    (a) In General.--Title I of the Higher Education Act of 1965 (20 
U.S.C. 1001 et seq.) is amended by adding at the end the following new 
part:

         ``PART F--TREATMENT OF ALLEGATIONS OF SEXUAL VIOLENCE

``SEC. 161. APPLICATION; DEFINITION.

    ``(a) Application.--The requirements of this part shall apply to 
any institution of higher education receiving Federal financial 
assistance under this Act, including financial assistance provided to 
students under title IV, other than a foreign institution of higher 
education.
    ``(b) Definitions.--In this part, the following definitions shall 
apply:
            ``(1) Covered allegation.--The term `covered allegation' 
        means, with respect to an institution of higher education, an 
        allegation that a student of the institution committed an act 
        of sexual violence, or that members of a student organization 
        of the institution or the organization itself committed or were 
        involved in creating a hostile environment resulting in an act 
        of sexual violence.
            ``(2) Institutional disciplinary proceeding.--The term 
        `institutional disciplinary proceeding' means the process by 
        which an institution of higher education investigates and 
        adjudicates a covered allegation and imposes a sanction with 
        respect to the allegation, in accordance with the institution's 
        own code of conduct or similar internal rules.
            ``(3) Sexual violence.--The term `sexual violence' means, 
        with respect to an institution of higher education--
                    ``(A) aggravated sexual abuse under section 2241 of 
                title 18, United States Code;
                    ``(B) assault resulting in substantial bodily 
                injury under section 113(a)(7) of title 18, United 
                States Code;
                    ``(C) battery, as defined under the applicable 
                criminal law of the jurisdiction in which the 
                institution is located;
                    ``(D) rape, as defined under the applicable 
                criminal law of the jurisdiction in which the 
                institution is located;
                    ``(E) sexual abuse under section 2242 of title 18, 
                United States Code; and
                    ``(F) sexual assault, as defined under the 
                applicable criminal law of the jurisdiction in which 
                the institution is located.

``SEC. 162. EDUCATION, REPORTING, AND STUDENT CARE STRATEGIES FOR 
              PREVENTING SEXUAL VIOLENCE.

    ``(a) Education Programs.--
            ``(1) In general.--Each institution of higher education 
        which is subject to this part is encouraged to provide 
        education programs designed to address sexual violence that, at 
        a minimum, provide training for reporting covered allegations, 
        intervening as a bystander, and fostering development of 
        healthy relationships.
            ``(2) Access to programs.--The institution is encouraged--
                    ``(A) to provide access to the programs required 
                under this subsection for each student during each 
                academic year; and
                    ``(B) to ensure new students are made aware of the 
                programs and can access them as soon as possible after 
                beginning the course of study at the institution.
    ``(b) Support Services.--Each institution of higher education which 
is subject to this part shall devote appropriate resources for the 
care, support, and guidance for students affected by sexual violence.
    ``(c) Role of Volunteer Advisors to Student Organizations.--An 
institution of higher education which is subject to this part--
            ``(1) may not designate an adult volunteer advisor to a 
        student organization, or any employee of a student organization 
        who is not also an employee of the institution, as a campus 
        security authority under section 485 or regulations 
        implementing that section; and
            ``(2) may not deny recognition to a student organization 
        because an advisor or employee described in paragraph (1) does 
        not register or serve as a campus security authority under 
        section 485 or regulations implementing that section.
    ``(d) Training.--Each institution of higher education which is 
subject to this part shall provide appropriate annual training to 
campus security personnel, campus disciplinary committee members, and 
other relevant institutional personnel regarding the requirements of 
this part, and shall at a minimum require each student who serves as a 
resident advisor in housing facilities which are owned or supervised by 
the institution to participate in this training.

``SEC. 163. DUE PROCESS REQUIREMENTS FOR INSTITUTIONAL DISCIPLINARY 
              PROCEEDINGS.

    ``(a) Due Process Rights.--Except as provided with respect to 
interim sanctions under section 164, each institution of higher 
education which is subject to this part may not impose any sanction on 
any person, including a student organization, in response to a covered 
allegation which is reported to the institution unless the sanction is 
imposed under a formal hearing or similar adjudicatory proceeding, in 
accordance with institutional disciplinary proceedings that meet each 
of the following requirements:
            ``(1) The institution shall provide all parties to the 
        proceeding with adequate written notice of the allegation not 
        later than 2 weeks prior to the start of any formal hearing or 
        similar adjudicatory proceeding, and shall include in such 
        notice a description of all rights and responsibilities under 
        the proceeding, a statement of all relevant details of the 
        allegation, and a specific statement of the sanctions which may 
        be imposed.
            ``(2) The institution shall provide each person against 
        whom the allegation is made with a meaningful opportunity to 
        admit or contest the allegation.
            ``(3) The institution shall ensure that all parties to the 
        proceeding have access to all material evidence, including both 
        inculpatory and exculpatory evidence, not later than one week 
        prior to the start of any formal hearing or similar 
        adjudicatory proceeding. Such evidence may include but is not 
        limited to complainant statements, third-party witness 
        statements, electronically stored information, written 
        communications, social media posts, and demonstrative evidence.
            ``(4) The institution shall permit each party to the 
        proceeding to be represented, at the sole expense of the party, 
        by an attorney or other advocate for the duration of the 
        proceeding, including during the investigation of the 
        allegation and other preliminary stages prior to a formal 
        hearing or similar adjudicatory proceeding, and shall permit 
        the attorney or other advocate to ask questions in the 
        proceeding, file relevant papers, examine evidence, and examine 
        witnesses (subject to paragraph (5)).
            ``(5) The institution shall permit each party to the 
        proceeding to safely confront witnesses, including the 
        complainant, in an appropriate manner, including by submitting 
        written questions to be asked by the person serving as the 
        adjudicator in any formal hearing or similar adjudicatory 
        proceeding, except that it shall presumptively improper for any 
        person to make any inquiry about the sexual history of the 
        individual reporting the covered allegation (other than an 
        inquiry made by the individual against whom the allegation is 
        made, or such individual's counsel or advocate, about the 
        sexual history between such individual and the individual 
        reporting the covered allegation).
            ``(6) The institution shall ensure that the proceeding is 
        carried out free from conflicts of interest by ensuring that 
        there is no commingling of administrative or adjudicative 
        roles. For purposes of this paragraph, an institution shall be 
        considered to commingle such roles if any individual carries 
        out more than one of the following roles with respect to the 
        proceeding:
                    ``(A) Victim counselor and victim advocate.
                    ``(B) Investigator.
                    ``(C) Prosecutor.
                    ``(D) Adjudicator.
                    ``(E) Appellate adjudicator.
    ``(b) Standard of Proof.--An institution of higher education may 
establish and apply such standard of proof as it considers appropriate 
for purposes of any adjudication carried out as part of an 
institutional disciplinary proceeding under this section.
    ``(c) Judicial Review.--
            ``(1) Private right of action.--Any individual who is 
        aggrieved by a decision to impose a sanction under an 
        institutional disciplinary proceeding under this section may 
        bring a civil action in an appropriate district court of the 
        United States, but only if the action is brought not later than 
        1 year after the date on which the individual received final 
        notice of the sanction imposed on the individual under the 
        proceeding.
            ``(2) Standard for review.--In any action brought under 
        this subsection, the court may find for the plaintiff only if 
        the court finds that the imposition of the sanction was 
        arbitrary, capricious, or contrary to law.
            ``(3) Records.--As soon as practicable after a civil action 
        is filed under this subsection, the institution of higher 
        education involved shall forward the administrative record of 
        the institutional disciplinary proceeding to the court.
            ``(4) Damages and prevailing party fees.--In any civil 
        action under this subsection, the court may award the 
        prevailing party (other than the institution of higher 
        education) compensatory damages, reasonable court costs, 
        attorney fees, including expert fees, and any other relief in 
        equity or law that the court deems appropriate.
    ``(d) Publication in Student Handbook.--Each institution of higher 
education which is subject to this part shall publish annually in the 
institution's Student Handbook (or equivalent publication) a statement 
of the procedures applicable to institutional disciplinary proceedings 
under this section, and shall publish such statement in the form of a 
contract between the institution and its students and student 
organizations.
    ``(e) No Right to Paid Advocate.--Nothing in this section shall be 
construed to create a right for any individual to be represented by an 
attorney or other advocate at an institution of higher education's 
expense.

``SEC. 164. SPECIAL RULES FOR IMPOSITION OF INTERIM SANCTIONS.

    ``(a) Permitting Institution To Impose Interim Sanctions.--
            ``(1) In general.--Notwithstanding section 163, an 
        institution may impose interim sanctions against the subject of 
        the allegation with respect to the allegation (including 
        temporary suspensions, no contact orders, adjustments of class 
        schedules, or changes in housing assignments) and carry out 
        investigations and adjudications with respect to the imposition 
        of such sanctions, but only if the institution determines that 
        the imposition of such a sanction is a reasonable measure to 
        promote campus safety and student well-being.
            ``(2) Special rules for duration of periods of temporary 
        suspensions.--
                    ``(A) Students.--Subject to paragraph (3), if the 
                subject of an allegation is a student, an institution 
                may impose a temporary suspension for a period of not 
                more than 15 days as an interim sanction under this 
                subsection, and may extend the suspension for 
                additional periods of not more than 30 days per period 
                if, pursuant to a hearing held in accordance with the 
                requirements of section 163 for each such additional 
                period, the institution finds that extension is 
                necessary because the student poses an immediate threat 
                to campus safety and student well-being.
                    ``(B) Student organizations.--If the subject of an 
                allegation is a student organization, an institution 
                may impose a temporary suspension for a period of not 
                more than 10 days on the operations of the organization 
                as an interim sanction under this subsection, but only 
                if the institution determines that the organization has 
                engaged in activity that presents a significant risk to 
                the health and physical safety of campus community 
                members, and that the imposition of the suspension is 
                not done merely for punitive purposes.
            ``(3) Period in which interim sanction is in effect.--An 
        interim sanction imposed under this subsection with respect to 
        an allegation shall terminate no later than the conclusion of 
        the proceedings carried out in accordance with section 163.
            ``(4) Prohibiting imposition of interim sanctions upon 
        joint request of alleged victim and law enforcement.--An 
        institution may not impose an interim sanction under this 
        subsection with respect to a covered allegation during any 
        period for which the alleged victim and the law enforcement 
        agency which is investigating the allegation submit a joint 
        request to the institution to not impose such an interim 
        sanction.
    ``(b) Safe Harbors.--
            ``(1) Institutions.--No institution of higher education 
        which is subject to this part shall be considered to have 
        violated any provision of title IX of the Education Amendments 
        of 1972 (20 U.S.C. 1681 et seq.) or any policy or regulation 
        implementing any such provision on the grounds that the 
        institution deferred to a law enforcement investigation at the 
        request of law enforcement personnel, to the extent that the 
        institution was prohibited under this section from initiating 
        or carrying out any institutional disciplinary proceeding with 
        respect to the allegation.
            ``(2) Students.--An institution of higher education which 
        is subject to this part may not impose a sanction on a student 
        who is a victim of, or a bystander witness to, an act of sexual 
        violence on the grounds that the student engaged in conduct 
        prohibited under the institution's code of conduct (other than 
        violent conduct) if the institution learned that the student 
        engaged in such conduct as part of a report of a covered 
        allegation which was made in good faith by the student to an 
        agent of the institution.
    ``(c) No Effect on Civil Remedies.--Nothing in this section or 
section 163 may be construed to limit the authority of any person to 
seek a civil remedy in a court of competent jurisdiction with respect 
to any covered allegation.

``SEC. 165. PRESERVATION OF SINGLE-SEX EXEMPTION FOR STUDENT 
              ORGANIZATIONS.

    ``(a) Restatement of Congressional Position on Title IX and Single-
Sex Organizations.--Congress finds as follows:
            ``(1) The enactment of title IX of the Education Amendments 
        of 1972 (commonly known as `title IX') continues to be a vital 
        element of ensuring all Americans have equal access to higher 
        education.
            ``(2) The exemption under title IX that allows single-sex 
        organizations to continue to flourish at institutions of higher 
        education is still essential to developing a wide range of 
        enrichment opportunities for students to learn and grow.
            ``(3) While title IX has done much to provide opportunities 
        for women and men alike, the single-sex exemption is a part of 
        that tapestry of opportunities, and institutions of higher 
        education may not take actions that undermine this single-sex 
        exemption.
    ``(b) Prohibiting Institutions From Requiring Single-Sex Student 
Organizations To Waive Title IX Protections.--An institution of higher 
education which is subject to this part may not--
            ``(1) require a student organization which is authorized 
        under section 901(a)(6)(A) of the Education Amendments of 1972 
        (20 U.S.C. 1681(a)(6)(A)) to limit its membership to 
        individuals of one sex to admit individuals as members who do 
        not meet the organization's membership requirements;
            ``(2) compel a student organization or the governing body 
        of a student organization that is itself comprised of single-
        sex organizations to accept organizations or individuals that 
        do not meet the organization's or governing body's membership 
        qualifications; or
            ``(3) require an organization which is covered by section 
        901(a)(6)(A) of the Education Amendments of 1972 (20 U.S.C. 
        1681(a)(6)(A)) to waive its coverage under such section as a 
        disciplinary or punitive measure.''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to allegations made on or after the expiration of 
the 1-year period that begins on the date of the enactment of this Act.
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