[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 590 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 590

    To amend the Higher Education Act of 1965 and the Jeanne Clery 
Disclosure of Campus Security Policy and Campus Crime Statistics Act to 
         combat campus sexual violence, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 26, 2015

Mrs. McCaskill (for herself, Mr. Heller, Mr. Blumenthal, Mr. Grassley, 
 Mrs. Gillibrand, Ms. Ayotte, Mr. Warner, Mr. Rubio, Mr. Peters, Mrs. 
Capito, Mr. Whitehouse, Mr. Blunt, Mrs. Boxer, Mr. Reed, Ms. Stabenow, 
 and Mrs. Shaheen) 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 and the Jeanne Clery 
Disclosure of Campus Security Policy and Campus Crime Statistics Act to 
         combat campus 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 ``Campus Accountability and Safety 
Act''.

SEC. 2. AMENDMENTS TO THE CLERY ACT.

    Section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 
1092(f)) (known as the Jeanne Clery Disclosure of Campus Security 
Policy and Campus Crime Statistics Act) is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``which shall include publication 
                on the website of the institution and publication or 
                mailings'' after ``through appropriate publications or 
                mailings,'';
                    (B) in subparagraph (C), by striking clause (ii) 
                and inserting the following:
                    ``(ii) the memorandum of understanding between the 
                institution and local law enforcement that is required 
                under section 124 (or, if such requirement has been 
                waived, a description of the working relationship of 
                campus security personnel with State and local law 
                enforcement agencies); and''; and
                    (C) by adding at the end the following:
                    ``(K)(i) With respect to the criminal activity 
                described in subparagraph (F)(i)(II), the eligible 
                institution shall prepare for the annual security 
                report that is due following 1 year after the date of 
                enactment of the Campus Accountability and Safety Act, 
                and annually thereafter, the following additions:
                            ``(I) The number of such incidents that 
                        were reported to the title IX coordinator (as 
                        defined in section 125(a)) or other higher 
                        education responsible employee (as defined in 
                        section 125(a)) of the institution.
                            ``(II) Of those incidents in subclause (I), 
                        the number of victims who sought campus 
                        disciplinary action at the institution.
                            ``(III) Of those victims in subclause (II), 
                        the number of cases processed through the 
                        student disciplinary process of the 
                        institution.
                            ``(IV) Of those cases in subclause (III), 
                        the number of accused individuals who were 
                        found responsible through the student 
                        disciplinary process of the institution.
                            ``(V) Of those cases in subclause (III), 
                        the number of accused individuals who were 
                        found not responsible through the student 
                        disciplinary process of the institution.
                            ``(VI) A description of the final sanctions 
                        imposed by the institution for each incident 
                        for which an accused individual was found 
                        responsible through the student disciplinary 
                        process of the institution.
                            ``(VII) The number of student disciplinary 
                        proceedings at the institution that have closed 
                        without resolution since the previous annual 
                        security report.
                    ``(ii) The Secretary shall provide technical 
                assistance to eligible institutions to assist such 
                institutions in meeting the requirements of this 
                subparagraph.'';
            (2) by striking paragraph (7) and inserting the following;
            ``(7)(A) The statistics described in clauses (i) and (ii) 
        of paragraph (1)(F)--
                    ``(i) shall not identify victims of crimes or 
                persons accused of crimes; and
                    ``(ii) shall be compiled in accordance with the 
                following definitions:
                            ``(I) 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)).
                            ``(II) For offenses not described in 
                        subclause (I), such statistics shall be 
                        compiled in accordance with--
                                    ``(aa) either the National 
                                Incident-Based Reporting System or the 
                                Uniform Crime Reporting Program of the 
                                Federal Bureau of Investigation, if a 
                                definition is available; and
                                    ``(bb) if an offense is not defined 
                                in either the National Incident-Based 
                                Reporting System or the Uniform Crime 
                                Reporting Program of the Federal Bureau 
                                of Investigation, a definition provided 
                                by the Secretary.
            ``(B) The Secretary shall establish and make publicly 
        available a definition for any offense that--
                    ``(i) is required to be reported in accordance with 
                paragraph (1)(F);
                    ``(ii) is not an offense described in subparagraph 
                (A)(ii)(I); and
                    ``(iii) is not defined in either the National 
                Incident-Based Reporting System or the Uniform Crime 
                Reporting Program of the Federal Bureau of 
                Investigation.'';
            (3) in paragraph (8)(B)--
                    (A) in clause (i)--
                            (i) in the matter preceding subclause (I), 
                        by inserting ``, developed in consultation with 
                        local, State, or national sexual assault, 
                        dating violence, domestic violence, and 
                        stalking victim advocacy, victim services, or 
                        prevention organizations, and local law 
                        enforcement,'' after ``Education programs''; 
                        and
                            (ii) in subclause (I)(aa), by inserting ``, 
                        including the fact that these are crimes for 
                        the purposes of this subsection and reporting 
                        under this subsection, and the institution of 
                        higher education will, based on the victim's 
                        wishes, cooperate with local law enforcement 
                        with respect to any alleged criminal offenses 
                        involving students or employees of the 
                        institution of higher education'' after 
                        ``stalking''; and
                    (B) in clause (iv)--
                            (i) by redesignating subclauses (II) and 
                        (III) as subclauses (III) and (IV), 
                        respectively;
                            (ii) by inserting after subclause (I) the 
                        following:
                                    ``(II) the institution will comply 
                                with the requirements of section 
                                125(b), and shall include a description 
                                of such requirements;''; and
                            (iii) in subclause (IV), as redesignated by 
                        clause (i)--
                                    (I) in item (aa), by inserting ``, 
                                within 24 hours of such determination'' 
                                after ``sexual assault, or stalking'';
                                    (II) in item (cc), by inserting 
                                ``within 24 hours of such change'' 
                                after ``results become final''; and
                                    (III) in item (dd), by inserting 
                                ``within 24 hours of such 
                                determination'' after ``results become 
                                final'';
            (4) by redesignating paragraph (18) as paragraph (22); and
            (5) by inserting after paragraph (17) the following:
            ``(18) Each individual at an institution of higher 
        education who is designated as a higher education responsible 
        employee, (as defined in section 125(a)), shall be considered a 
        campus security authority, as defined in section 668.46(a) of 
        title 34, Code of Federal Regulations.
            ``(19)(A) The Secretary shall, in consultation with the 
        Attorney General, develop, design, and administer through an 
        online portal, a standardized online survey of students 
        regarding their experiences with sexual violence and 
        harassment. The survey shall not include any personally 
        identifiable information. The Secretary shall develop such 
        survey tool using best practices from peer-reviewed research 
        measuring sexual violence and harassment. The survey shall be 
        fair and unbiased, scientifically valid and reliable, and meet 
        the highest standards of survey research. Survey questions 
        shall be designed to gather information on survivor 
        experiences, and shall therefore use trauma-informed language 
        to prevent retraumatization
            ``(B) Each institution shall administer the survey 
        described in subparagraph (A) every 2 years. In addition to the 
        standardized questions developed by the Secretary, institutions 
        may request additional information from students that would 
        increase the institutions' understanding of school climate 
        factors unique to their campuses. If an institution is granted 
        approval to do so by the Secretary, an institution may 
        administer such survey through a third party.
            ``(C) The Secretary shall require each institution 
        participating in any program under this title to ensure that an 
        adequate, random, and representative sample size of students 
        (as determined by the Secretary) enrolled at the institution 
        complete the survey described in subparagraph (A) in accordance 
        with this paragraph and beginning not later than 1 year after 
        the date of enactment of the Campus Accountability and Safety 
        Act.
            ``(D) Responses to the survey shall be submitted 
        confidentially and shall not be included in crime statistics 
        reported under this subsection.
            ``(E) The survey described in subparagraph (A) shall 
        include the following:
                    ``(i) Questions designed to determine the incidence 
                and prevalence of sexual violence, dating violence, 
                domestic violence, and stalking.
                    ``(ii) Questions regarding whether students know 
                about institutional policies and procedures.
                    ``(iii) Questions designed to determine, if victims 
                reported violence--
                            ``(I) to whom the violence was reported and 
                        what response the victim may have received; and
                            ``(II) whether the victim was informed of, 
                        or referred to, national, State, local, or on-
                        campus resources.
                    ``(iv) Questions regarding contextual factors, such 
                as whether force, incapacitation, or coercion was 
                involved.
                    ``(v) Questions to determine whether an accused 
                individual was a student.
                    ``(vi) Questions to determine whether a victim 
                reported an incident to State or local law enforcement.
                    ``(vii) Questions to determine why the victim chose 
                to report or not report an incident to State or local 
                law enforcement.
                    ``(viii) Other questions as determined by the 
                Secretary.
            ``(F) Beginning not later than 2 years after the date of 
        enactment of the Campus Accountability and Safety Act, the 
        Secretary shall prepare a biannual report on the information 
        gained from the survey under this paragraph and publish such 
        report on the website of the Department and submit such report 
        to Congress. The report shall include campus-level data for 
        each school and attributed by name of each campus in a manner 
        that permits comparisons across schools and campuses.
            ``(G) Each institution subject to this subsection shall 
        publish the campus-level results of the survey under this 
        paragraph on the website of the institution and in the annual 
        security report required under this subsection for the campuses 
        affiliated with the institution.
            ``(20) Not later than 180 days after the date of enactment 
        of the Campus Accountability and Safety Act, the Assistant 
        Secretary for Postsecondary Education of the Department and the 
        Assistant Secretary for Civil Rights of the Department shall 
        jointly develop and make publicly available guidance regarding 
        the intersection between this subsection and title IX of the 
        Education Amendments of 1972, in order to clarify how the 
        provisions of this subsection and such title shall be carried 
        out. The guidance shall include clarifying language on how this 
        subsection and such title IX interact pertaining to sexual 
        violence, and shall clarify and resolve any potential 
        discrepancies or inconsistencies between this subsection and 
        such title.
            ``(21) Notwithstanding any other provision of this Act, 
        upon determination, after reasonable notice and opportunity for 
        a hearing, that an eligible institution has violated or failed 
        to carry out any provision of this subsection, or agreement 
        made to resolve a compliance review under this subsection, or 
        any regulation prescribed under this subsection, the Secretary 
        may impose a civil penalty upon such institution not to exceed 
        $150,000, which shall be adjusted for inflation annually, for 
        each violation or misrepresentation, or per month a survey is 
        not completed at the standard required. The Secretary shall use 
        any such civil penalty funds to carry out the grant program 
        established under section 8 of the Campus Accountability and 
        Safety Act.''.

SEC. 3. COORDINATION WITH LOCAL LAW ENFORCEMENT.

    (a) In General.--Part B of title I of the Higher Education Act of 
1965 (20 U.S.C. 1011 et seq.) is amended by adding at the end the 
following:

``SEC. 124. COORDINATION WITH LOCAL LAW ENFORCEMENT.

    ``(a) Memoranda of Understanding.--Each institution of higher 
education that receives funds under this Act, shall enter into a 
memorandum of understanding with each law enforcement agency that has 
jurisdiction to report as a first responder to a campus of the 
institution (excluding a campus located outside the United States) to 
clearly delineate responsibilities and share information, in accordance 
with applicable Federal confidentiality laws, about certain serious 
crimes, including sexual violence, occurring against students of the 
institution or against other individuals on the campus of the 
institution.
    ``(b) Review.--Each institution of higher education shall review 
the memorandum of understanding under this section with each law 
enforcement agency every 2 years. As part of the review process, the 
institution shall contact each law enforcement agency to discuss how 
changes in policies or procedures at either the institution of higher 
education or the law enforcement agency may impact the provisions of 
the memorandum of understanding. If changes in policies or procedures 
are identified that impact the provisions of the memorandum of 
understanding, the institution of higher education and the law 
enforcement agency shall update the memorandum of understanding as 
necessary.
    ``(c) Contents.--Each memorandum of understanding described under 
this section shall include--
            ``(1) delineation and sharing protocols of investigative 
        responsibilities;
            ``(2) protocols for investigations, including standards for 
        notification and communication and measures to promote evidence 
        preservation;
            ``(3) agreed upon training and requirements for the 
        institution on issues related to sexual violence;
            ``(4) a method of sharing information about specific 
        crimes, when authorized or requested to do so by a victim who 
        has been fully and accurately informed about what procedures 
        shall occur if the information is shared; and
            ``(5) a method of sharing information about specific crimes 
        anonymously, when authorized or requested to do so by a victim 
        who has been fully and accurately informed about what 
        procedures shall occur if the information is shared, in order 
        to better protect overall campus safety.
    ``(d) Penalty.--
            ``(1) In general.--The Secretary--
                    ``(A) may impose a civil penalty of not more than 1 
                percent of an institution's operating budget, as 
                defined by the Secretary, each year that the 
                institution of higher education fails to carry out the 
                requirements of this section, by the date that is 1 
                year after the date of enactment of the Campus 
                Accountability and Safety Act; and
                    ``(B) if the conditions described in paragraph (3) 
                have been met, shall waive the penalty pursuant to such 
                paragraph.
            ``(2) Distribution.--Any civil monetary penalty or monetary 
        settlement collected under this subsection shall be used to 
        carry out the grant program established under section 304 of 
        the Violence Against Women and Department of Justice 
        Reauthorization Act of 2005 (42 U.S.C. 14045b).
            ``(3) Waiver.--
                    ``(A) In general.--If a local law enforcement 
                agency refuses to enter into a memorandum of 
                understanding under this section, the Secretary shall 
                waive the penalty if the Secretary determines that the 
                following conditions have been met--
                            ``(i) the institution has explained why the 
                        institution was unable to obtain an agreement;
                            ``(ii) the institution has demonstrated 
                        that the institution acted in good faith; and
                            ``(iii) the institution has submitted to 
                        the Secretary a copy of the institution's final 
                        proposed memorandum of understanding that was 
                        submitted to a law enforcement agency that was 
                        ultimately rejected.
                    ``(B) Referral to department of justice.--The 
                Secretary shall refer to the Attorney General a copy of 
                each waiver granted under subparagraph (A) and the 
                reason (as determined by the Secretary) for why local 
                law enforcement refuses to enter into a memorandum of 
                understanding.
                    ``(C) Administrative review.--If the Secretary does 
                not grant a waiver under subparagraph (A), the 
                institution may submit additional information to 
                receive such waiver. If, after submitting additional 
                information, the Secretary still does not grant a 
                waiver, the decision of the Secretary shall be subject 
                to review pursuant to section 706(2)(A) of title 5, 
                United States Code.
            ``(4) Voluntary resolution.--Nothing in this subsection 
        shall prevent the Secretary from entering into a voluntary 
        resolution with an institution of higher education that fails 
        to carry out the requirements of this section, by the date that 
        is 1 year after the date of enactment of the Campus 
        Accountability and Safety Act.
            ``(5) Adjustment to penalties.--Any civil penalty under 
        this subsection may be reduced by the Secretary. In determining 
        the amount of such penalty, or the amount agreed upon in 
        compromise, the Secretary shall consider the appropriateness of 
        the penalty to the size of the operating budget of the 
        educational institution subject to the determination, the 
        gravity of the violation or failure, and whether the 
        institution committed the violation or failure intentionally, 
        negligently, or otherwise.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date that is 1 year after the date of enactment of 
this Act.
    (c) Negotiated Rulemaking.--The Secretary of Education shall 
establish regulations to carry out the provisions of this section and 
the amendment made by this section in accordance with the requirements 
described under section 492 of the Higher Education Act of 1965 (20 
U.S.C. 1098a).

SEC. 4. UNIVERSITY SUPPORT FOR SURVIVORS OF SEXUAL VIOLENCE.

    (a) In General.--Part B of title I of the Higher Education Act of 
1965 (20 U.S.C. 1011 et seq.) is further amended by adding after 
section 124 (as added by section 3), the following:

``SEC. 125. UNIVERSITY SUPPORT FOR SURVIVORS OF SEXUAL VIOLENCE.

    ``(a) Definitions.--
            ``(1) Higher education responsible employee.--In this 
        subsection, the term `higher education responsible employee' 
        means an employee of an institution of higher education who--
                    ``(A)(i) has the authority to take action to 
                redress sexual harassment; or
                    ``(ii) has the duty to report sexual harassment or 
                any other misconduct by students or employees to 
                appropriate school officials;
                    ``(B) has completed the training requirements 
                described in subsection (b)(5) or agrees to complete 
                such training within a reasonable time after being 
                designated as a higher education responsible employee; 
                and
                    ``(C) shall be responsible for assisting the title 
                IX coordinator or designee with providing a student or 
                employee who reports that the student or employee has 
                been a victim of sexual harassment, including, sexual 
                violence, whether the offense occurred on or off 
                campus, with a written explanation of the student's or 
                employee's rights and options, as described in clauses 
                (ii) through (vii) of section 485(f)(8)(B).
            ``(2) Title ix coordinator.--In this subsection, the term 
        `Title IX Coordinator' has the meaning given to the individual 
        designated as a responsible employee in section 106.8(a) of 
        title 34, Code of Federal Regulations, as such section is in 
        effect on the date of enactment of the Campus Accountability 
        and Safety Act.
            ``(3) Victim-centered, trauma-informed interview 
        techniques.--In this section, the term `victim-centered, 
        trauma-informed interview techniques' means asking questions of 
        a student or employee who reports that the student or employee 
        has been a victim of sexual harassment, sexual assault, 
        domestic violence, dating violence, or stalking, in a manner 
        that is focused on the experience of the victim, that does not 
        judge or blame the reporting student or employee for the 
        alleged assault, and that is informed by evidence-based 
        research on the neurobiology of trauma. The victim shall be 
        given the option to have the interview recorded and to receive 
        a copy of the recorded interview.
    ``(b) Campus Security Policy.--Each institution of higher education 
that receives funds under this Act, shall establish a campus security 
policy that includes the following:
            ``(1) Confidential advisors.--The designation of 1 or more 
        confidential advisors at the institution to whom non-employee 
        victims of sexual harassment, domestic violence, dating 
        violence, sexual assault, or stalking can report, including 
        anonymously, which shall be part of a policy that complies with 
        the following:
                    ``(A) The advisor--
                            ``(i) shall not be an undergraduate 
                        student, a full-time graduate student, an 
                        employee designated as a higher education 
                        responsible employee, or the title IX 
                        coordinator; and
                            ``(ii) may have other roles at the 
                        institution.
                    ``(B) The Secretary shall designate categories of 
                employees that may serve as confidential advisors, such 
                as health care staff, clergy, staff of a women's 
                center, or other such categories. Such designation 
                shall not preclude the institution from designating 
                other employees or partnering with national, State, or 
                local victim services organizations to serve as 
                confidential advisors or to serve in other confidential 
                roles.
                    ``(C) The confidential advisor shall complete the 
                training requirements described in paragraph (5).
                    ``(D) The Secretary shall develop online training 
                materials, in addition to the training required under 
                subparagraph (C) not later than 1 year after the date 
                of enactment of the Campus Accountability and Safety 
                Act, for the training of confidential advisors.
                    ``(E) The confidential advisor shall inform the 
                victim--
                            ``(i) of the victim's rights;
                            ``(ii) of the victim's reporting options, 
                        including the option to notify a higher 
                        education responsible employee, the option to 
                        notify local law enforcement, and any other 
                        reporting options;
                            ``(iii) if reasonably known, of the 
                        potential consequences of the reporting options 
                        described in clause (ii); and
                            ``(iv) that the institutional student 
                        disciplinary proceeding has limited 
                        jurisdiction, scope, and available sanctions, 
                        and should not be considered a substitute for 
                        the criminal justice process.
                    ``(F) The confidential advisor may, as 
                appropriate--
                            ``(i) serve as a liaison between a victim 
                        and a higher education responsible employee or 
                        local law enforcement, when directed to do so 
                        by a victim who has been fully and accurately 
                        informed about what procedures shall occur if 
                        information is shared; and
                            ``(ii) assist a victim in contacting and 
                        reporting to a higher education responsible 
                        employee or local law enforcement.
                    ``(G) The confidential advisor shall be authorized 
                by the institution to liaise with appropriate staff at 
                the institution to arrange reasonable accommodations 
                through the institution to allow the victim to change 
                living arrangements or class schedules, obtain 
                accessibility services, or arrange other 
                accommodations.
                    ``(H) The confidential advisor shall be authorized 
                to accompany the victim, when requested to do so by the 
                victim, to interviews and other proceedings of a campus 
                investigation and institutional disciplinary 
                proceedings.
                    ``(I) The confidential advisor shall also advise 
                the victim of, and provide written information 
                regarding, both the victim's rights and the 
                institution's responsibilities regarding orders of 
                protection, no contact orders, restraining orders, or 
                similar lawful orders issued by the institution or a 
                criminal, civil, or tribal court.
                    ``(J) The confidential advisor shall not be 
                obligated to report crimes to the institution or law 
                enforcement in a way that identifies a victim or an 
                accused individual, unless otherwise required to do so 
                by State law. The confidential advisor shall, to the 
                extent authorized under State law, provide confidential 
                services to students. Any requests for accommodations, 
                as described in subparagraph (G), made by a 
                confidential advisor shall not trigger an investigation 
                by the institution, even if the confidential advisor 
                deals only with matters relating to sexual assault.
                    ``(K) The institution shall designate as a 
                confidential advisor an individual who has protection 
                under State law to provide privileged communication. 
                The institution may partner with an outside victim 
                services organization, such as a community-based rape 
                crisis center or other community-based sexual assault 
                service provider, to provide the services described in 
                this paragraph.
                    ``(L) The confidential advisor shall collect and 
                report statistics in accordance with the requirements 
                of section 485(f). The confidential advisor shall not 
                include personally identifying information or 
                jeopardize the confidentiality of a victim or an 
                accused individual when reporting such statistics.
                    ``(M) The institution shall appoint an adequate 
                number of confidential advisors not later than the 
                earlier of--
                            ``(i) 1 year after the Secretary determines 
                        through a negotiated rulemaking process what an 
                        adequate number of confidential advisors is for 
                        an institution based on its size; or
                            ``(ii) 3 years after the date of enactment 
                        of the Campus Accountability and Safety Act.
                    ``(N) Each institution that enrolls fewer than 1000 
                students may partner with another institution in their 
                region or State to provide the services described in 
                this paragraph.
            ``(2) Information on the institution's website.--The 
        institution shall list on its website--
                    ``(A) the name and contact information for the 
                confidential advisor;
                    ``(B) reporting options for victims of a sex 
                offense, domestic violence, dating violence, sexual 
                assault, or stalking;
                    ``(C) the process of investigation and disciplinary 
                proceedings of the institution;
                    ``(D) the process of investigation and adjudication 
                of the criminal justice system;
                    ``(E) potential reasonable accommodations that the 
                institution may provide to a victim, as described in 
                paragraph (1)(G);
                    ``(F) the telephone number and website address for 
                a local, State, or national hotline providing 
                information to sexual violence victims (which shall be 
                clearly communicated on the website and shall be 
                updated on a timely basis); and
                    ``(G) the name and location of the nearest medical 
                facility where an individual may have a rape kit 
                administered by a trained sexual violence forensic 
                nurse, including information on transportation options 
                and available reimbursement for a visit to such 
                facility.
            ``(3) Online reporting.--The institution may provide an 
        online reporting system to collect anonymous disclosures of 
        crimes and track patterns of crime on campus. An individual may 
        submit an anonymous report about a specific crime to the 
        institution using the online reporting system, but the 
        institution is only obligated to investigate a specific crime 
        if an individual decides to report the crime to a higher 
        education responsible employee or law enforcement. If the 
        institution uses an online reporting system, the online system 
        shall also include information about how to report a crime to a 
        higher education responsible employee and to law enforcement 
        and how to contact a confidential advisor.
            ``(4) Amnesty policy.--The institution shall provide an 
        amnesty policy for any student who reports, in good faith, 
        sexual violence to a higher education responsible employee, 
        such that the reporting student will not be sanctioned by the 
        institution for a non-violent student conduct violation, such 
        as underage drinking, that is revealed in the course of such a 
        report.
            ``(5) Training.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of the Campus Accountability and 
                Safety Act, the Secretary, in coordination with the 
                Attorney General and in consultation with national, 
                State, or local victim services organizations, shall 
                develop a program for training--
                            ``(i) each individual who is involved in 
                        implementing an institution of higher 
                        education's student grievance procedures, 
                        including each individual who is responsible 
                        for resolving complaints of reported sex 
                        offenses or sexual misconduct policy 
                        violations; and
                            ``(ii) each employee of an institution of 
                        higher education who has responsibility for 
                        conducting an interview with an alleged victim 
                        of sexual assault.
                    ``(B) Contents.--Such training shall include--
                            ``(i) information on working with and 
                        interviewing persons subjected to sexual 
                        violence;
                            ``(ii) information on particular types of 
                        conduct that would constitute sexual violence, 
                        regardless of gender, including same-sex sexual 
                        violence;
                            ``(iii) information on consent and the 
                        affect that drugs or alcohol may have on an 
                        individual's ability to consent;
                            ``(iv) the effects of trauma, including the 
                        neurobiology of trauma;
                            ``(v) training regarding the use of victim-
                        centered, trauma-informed interview techniques;
                            ``(vi) cultural awareness training 
                        regarding how sexual violence may impact 
                        students differently depending on their 
                        cultural background; and
                            ``(vii) information on sexual assault 
                        dynamics, sexual assault perpetrator behavior, 
                        and barriers to reporting.
                    ``(C) Institutional training.--Each institution 
                shall ensure that the individuals and employees 
                described in subparagraph (A) receive the training 
                described in this paragraph not later than the July 15 
                that is one year after the date that the training 
                program has been developed by the Secretary in 
                accordance with subparagraph (A).
            ``(6) Uniform campus-wide process for student disciplinary 
        proceeding relating to claim of sexual violence.--Each 
        institution of higher education that receives funds under this 
        Act--
                    ``(A) shall establish and carry out a uniform 
                process (for each campus of the institution) for 
                student disciplinary proceedings relating to any claims 
                of sexual violence against a student who attends the 
                institution; and
                    ``(B) shall not carry out a different disciplinary 
                process on the same campus for a matter of sexual 
                violence, or alter the uniform process described in 
                subparagraph (A), based on the status or 
                characteristics of a student who will be involved in 
                that disciplinary proceeding, including characteristics 
                such as a student's membership on an athletic team, 
                academic major, or any other characteristic or status 
                of a student.
            ``(7) Information about the title ix coordinator.--The 
        institution shall submit, annually, to the Office for Civil 
        Rights of the Department of Education and the Civil Rights 
        Division of the Department of Justice, the name and contact 
        information for the title IX coordinator, including a brief 
        description of the coordinator's role and the roles of other 
        officials who may be contacted to discuss or report sexual 
        harassment, and documentation of training received by the title 
        IX coordinator. The educational institution shall provide 
        updated information to the Office for Civil Rights of the 
        Department of Education and the Civil Rights Division of the 
        Department of Justice not later than 30 days after the date of 
        any change.
            ``(8) Written notice of institutional disciplinary 
        process.--The institution shall provide both the accuser and 
        the accused student with written notice of the institution's 
        decision to proceed with an institutional disciplinary process 
        regarding an allegation of sexual misconduct within 24 hours of 
        such decision, and sufficiently in advance of a disciplinary 
        hearing to provide both the victim and the accused student with 
        the opportunity to meaningfully exercise the due process rights 
        afforded to them under institutional policy. The written notice 
        shall include the following:
                    ``(A) The existence of a complaint, the nature of 
                the conduct upon which the complaint is based, and the 
                date on which the alleged incident occurred.
                    ``(B) A summary of the process for the disciplinary 
                proceeding, including the estimated timeline from 
                initiation to final disposition.
                    ``(C) The rights and due process protections 
                available to the victim and the accused student, 
                including those described in section 485(f)(8)(B)(iv) 
                and any other rights or due process protections that 
                the victim or the accused student may have under the 
                institution's policies.
                    ``(D) A copy of the institution's applicable 
                policies, and, if available, related published 
                informational materials.
                    ``(E) Name and contact information for an 
                individual at the institution, who is independent of 
                the disciplinary process, to whom the victim and the 
                accused student can submit questions about any of the 
                information described in the written notice.
            ``(9) Written notice of disciplinary determination.--The 
        institution shall provide the accuser and the accused student 
        with written notification of the determination of 
        responsibility that is made by the disciplinary board, and any 
        sanctions, within 24 hours of such determination. Such 
        notification shall include information about the processes for 
        appealing the determination.
    ``(c) Penalties.--
            ``(1) Penalty relating to confidential advisors.--The 
        Secretary may impose a civil penalty of not more than 1 percent 
        of an institution's operating budget, as defined by the 
        Secretary, for each year that the institution fails to carry 
        out the requirements of such paragraph following the effective 
        date described in section 4(b)(1) of the Campus Accountability 
        and Safety Act.
            ``(2) Other provisions.--The Secretary may impose a civil 
        penalty of not more than 1 percent of an institution's 
        operating budget, as defined by the Secretary, for each year 
        that the institution fails to carry out the requirements of 
        such paragraphs following the effective date described in 
        section 4(b)(2) of the Campus Accountability and Safety Act.
            ``(3) Voluntary resolution.--Notwithstanding any other 
        provision of this section, the Secretary may enter into a 
        voluntary resolution with an institution of higher education 
        that is subject to a penalty under this subsection.
            ``(4) Adjustment to penalties.--Any civil penalty under 
        this subsection may be reduced by the Secretary. In determining 
        the amount of such penalty, or the amount agreed upon in 
        compromise, the Secretary of Education shall consider the 
        appropriateness of the penalty to the size of the operating 
        budget of the educational institution subject to the 
        determination, the gravity of the violation or failure, and 
        whether the violation or failure was committed intentionally, 
        negligently, or otherwise.''.
    (b) Effective Dates.--
            (1) Confidential advisor.--Paragraph (1) of section 125(b) 
        of the Higher Education Act of 1965, as added by subsection 
        (a), shall take effect on the date that is the earlier of--
                    (A) 1 year after the Secretary of Education 
                determines through a negotiated rulemaking process what 
                an adequate number of confidential advisors is for an 
                institution based on an institution's size; or
                    (B) 3 years after the date of enactment of this 
                Act.
            (2) Other provisions.--Paragraphs (2) through (9) of 
        section 125(b) of the Higher Education Act of 1965, as added by 
        subsection (a), shall take effect on the date that is 1 year 
        after the date of enactment of this Act.
    (c) Negotiated Rulemaking.--The Secretary of Education shall 
establish regulations to carry out the provisions of this section, and 
the amendment made by this section, in accordance with the requirements 
described under section 492 of the Higher Education Act of 1965 (20 
U.S.C. 1098a).

SEC. 5. TRANSPARENCY AND TRAINING MATERIALS.

    Part B of title I of the Higher Education Act of 1965 (20 U.S.C. 
1011 et seq.) is further amended by adding after section 125 (as added 
by section 4), the following:

``SEC. 126. TRANSPARENCY AND TRAINING MATERIALS.

    ``(a)  Website.--The Secretary shall establish a title IX higher 
education website that includes the following:
            ``(1) The name and contact information for the title IX 
        coordinator for each institution of higher education receiving 
        funds under this Act, and a brief description of the title IX 
        coordinator's role and the roles of other officials who may be 
        contacted to discuss or report sexual harassment.
            ``(2) The Department's pending investigations, enforcement 
        actions, letters of finding, final resolutions, and voluntary 
        resolution agreements for all complaints and compliance reviews 
        under title IX of the Education Amendments of 1972 (20 U.S.C. 
        1681) related to sexual harassment. The Secretary shall 
        indicate whether the investigation, action, letter, resolution, 
        or agreement is based on a complaint or compliance review. The 
        Secretary shall make the information under this subsection 
        available regarding a complaint once the Office for Civil 
        Rights of the Department receives a written complaint, and 
        conducts an initial evaluation, and has determined that the 
        complaint should be opened for investigation of an allegation 
        that, if substantiated, would constitute a violation of such 
        title IX. In carrying out this subsection, the Secretary shall 
        ensure that personally identifiable information is not reported 
        and shall comply with section 444 of the General Education 
        Provisions Act (20 U.S.C. 1232g), commonly known as the `Family 
        Educational Rights and Privacy Act of 1974'.
    ``(b) Training Materials for University Personnel.--Not later than 
1 year after the date of enactment of the Campus Accountability and 
Safety Act, the Secretary shall develop online training materials for 
the training of higher education responsible employees, title IX 
coordinators, and individuals involved in implementing an institution 
of higher education's student conduct grievance procedures.''.

SEC. 6. PROGRAM PARTICIPATION AGREEMENTS.

    Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 
1094(a)) is amended by striking paragraph (12) and inserting the 
following:
            ``(12) The institution certifies that--
                    ``(A) the institution is in compliance with the 
                requirements of section 124 regarding coordination with 
                local law enforcement;
                    ``(B) the institution has established support for 
                survivors of sexual violence that meets the 
                requirements of section 125;
                    ``(C) the institution has established a campus 
                security policy; and
                    ``(D) the institution has complied with the 
                disclosure requirements of section 485(f).''.

SEC. 7. TRAINING FOR CAMPUS PERSONNEL ON VICTIM-CENTERED TRAUMA-
              INFORMED INTERVIEW TECHNIQUES.

    Section 304 of the Violence Against Women and Department of Justice 
Reauthorization Act of 2005 (42 U.S.C. 14045b) is amended--
            (1) in subsection (a)(2), by striking ``$300,000'' and 
        inserting ``$500,000'';
            (2) in subsection (b), by adding at the end the following;
            ``(11) To train campus personnel in how to use victim-
        centered, trauma-informed interview techniques.''; and
            (3) in subsection (g)--
                    (A) by striking ``In this section'' and inserting 
                ``(1) in general.--In this section''; and
                    (B) by adding at the end the following;
            ``(2) Victim-centered, trauma-informed interview 
        techniques.--In this section, the term `victim-centered, 
        trauma-informed interview techniques' means asking questions of 
        a student or employee who reports that the student or employee 
        has been a victim of sexual harassment, sexual assault, 
        domestic violence, dating violence, or stalking, in a manner 
        that is focused on the experience of the victim, that does not 
        judge or blame the reporting student or employee for the 
        alleged assault, and that is informed by evidence-based 
        research on the neurobiology of trauma. The victim shall be 
        given the option to have the interview recorded and to receive 
        a copy of the recorded interview.''.

SEC. 8. GRANTS TO IMPROVE PREVENTION AND RESPONSE TO SEXUAL HARASSMENT, 
              SEXUAL ASSAULT, DOMESTIC VIOLENCE, DATING VIOLENCE AND 
              STALKING ON CAMPUS.

    Title VIII of the Higher Education Act of 1965 (20 U.S.C. 1161a) is 
amended by adding at the end the following:

``PART BB--GRANTS FOR INSTITUTIONS TO ADDRESS SEXUAL HARASSMENT, SEXUAL 
          ASSAULT, AND OTHER VIOLENCE AND HARASSMENT ON CAMPUS

``SEC. 899. GRANTS FOR INSTITUTIONS TO ADDRESS SEXUAL HARASSMENT, 
              SEXUAL ASSAULT, AND OTHER VIOLENCE AND HARASSMENT ON 
              CAMPUS.

    ``(a) Grants Authorized.--
            ``(1) In general.--The Secretary is authorized to award 
        grants to institutions of higher education, on a competitive 
        basis as described in paragraph (2), to enhance the ability of 
        such institutions to address sexual harassment, sexual assault, 
        domestic violence, dating violence, and stalking, on campus.
            ``(2) Award basis.--The Secretary shall award grants under 
        this section, on a competitive basis, as funds become available 
        through the payment of penalties by institutions of higher 
        education under sections 485(f)(21) of this Act and sections 3 
        and 4 of the Campus Accountability and Safety Act.
            ``(3) Prohibition; ineligible institutions.--
                    ``(A) No reservation for administrative expenses.--
                Funds awarded under this section shall not be reserved 
                for administrative expenses.
                    ``(B) Ineligible institutions.--
                            ``(i) Violations.--An institution of higher 
                        education shall not be eligible to receive a 
                        grant under this section if the institution is 
                        found by the Department of Education, at the 
                        time of application for a grant under this 
                        section, to be in violation of--
                                    ``(I) title IX of the Education 
                                Amendments of 1972 (20 U.S.C. 1681); or
                                    ``(II) section 485(f).
                            ``(ii) Multiple grants.--An institution of 
                        higher education that has received a grant 
                        award under section 304 of the Violence Against 
                        Women and Department of Justice Reauthorization 
                        Act of 2005 (42 U.S.C. 14045b) in any of the 
                        previous 3 grant funding cycles shall not be 
                        eligible for a grant award under this section.
            ``(4) Preference.--In awarding grants under this section, 
        the Secretary shall give preference to those institutions of 
        higher education--
                    ``(A) with the smallest endowments or the lowest 
                tuition rates, as compared to all institutions 
                receiving funds under this Act; and
                    ``(B) that have demonstrated a strong commitment to 
                prioritizing tackling the problem of campus sexual 
                assault on their campuses, which may be demonstrated by 
                providing documentation of actions by the 
                administration of such institution such as--
                            ``(i) establishing a working group on 
                        campus that includes the participation of 
                        administration officials and students to 
                        analyze and strategize improvements to the way 
                        the institution prevents and responds to sexual 
                        harassment, sexual assault, domestic violence, 
                        dating violence, and stalking, on campus;
                            ``(ii) organizing a series of listening 
                        sessions on campus to gather feedback and ideas 
                        from the campus community on how to improve the 
                        way the institution prevents and responds to 
                        sexual harassment, sexual assault, domestic 
                        violence, dating violence, and stalking, on 
                        campus;
                            ``(iii) hosting a conference that brings 
                        together academic researchers to present and 
                        share ideas and research regarding sexual 
                        harassment, sexual assault, domestic violence, 
                        dating violence, and stalking, on campus; or
                            ``(iv) other documented efforts beyond the 
                        requirements of Federal or State law that the 
                        administration of the institution of higher 
                        education has initiated in order to better 
                        understand the prevalence of sexual harassment, 
                        sexual assault, domestic violence, dating 
                        violence and stalking on campus and analyze and 
                        improve how the institution of higher education 
                        responds to such incidents.
            ``(5) Amount of grants.--The Secretary, through the 
        Assistant Secretary of the Office for Civil Rights, shall award 
        the grants under this section in an amount of not more than 
        $500,000 for each institution of higher education.
            ``(6) Equitable participation.--The Secretary shall make 
        every effort to ensure--
                    ``(A) the equitable participation of private and 
                public institutions of higher education in the 
                activities assisted under this section;
                    ``(B) the equitable geographic distribution of 
                grants under this section among the various regions of 
                the United States; and
                    ``(C) the equitable distribution of grants under 
                this section to Tribal Colleges or Universities (as 
                defined under section 316(b)) and historically Black 
                colleges or universities.
            ``(7) Duration.--The Secretary shall award each grant under 
        this Act for a period of not more than 5 years.
    ``(b) Use of Grant Funds.--
            ``(1) Grant funds awarded under this section shall be used 
        to research best practices for preventing and responding to 
        sexual harassment, sexual assault, domestic violence, dating 
        violence, and stalking, on campus and to disseminate such 
        research to peer institutions and the Department. Such research 
        may include a focus on one or more of the following purposes:
                    ``(A) Strengthening strategies to combat sexual 
                harassment, sexual assault, domestic violence, dating 
                violence, and stalking, on campus.
                    ``(B) Strengthening victim services for incidents 
                involving sexual harassment, sexual assault, domestic 
                violence, dating violence, or stalking, on campus, 
                which may involve partnerships with community-based 
                victim services agencies.
                    ``(C) Strengthening prevention education and 
                awareness programs on campus regarding sexual 
                harassment, sexual assault, domestic violence, dating 
                violence, and stalking.
            ``(2) Grant funds awarded under this section may be used 
        for one or more of the following purposes:
                    ``(A) Evaluating and determining the effectiveness 
                of victim services and education programs in reaching 
                all populations that may be subject to sexual 
                harassment, sexual assault, domestic violence, dating 
                violence, and stalking, on campus.
                    ``(B) Training campus administrators, campus 
                security personnel, and personnel serving on campus 
                disciplinary boards on campus policies, protocols, and 
                services to respond to sexual harassment, sexual 
                assault, domestic violence, dating violence, and 
                stalking, on campus, which shall include instruction on 
                victim-centered, trauma-informed interview techniques 
                and information on the neurobiological effects of 
                trauma and stress on memory.
                    ``(C) Developing, expanding, or strengthening 
                victim services programs and population specific 
                services on the campus of the institution, including 
                programs providing legal, medical, or psychological 
                counseling for victims of sexual harassment, sexual 
                assault, domestic violence, dating violence, and 
                stalking, and to improve delivery of victim assistance 
                on campus, including through the services of the 
                confidential advisor (as defined in section 125(a)).
                    ``(D) Developing or adapting and providing 
                developmentally and culturally appropriate and 
                linguistically accessible print or electronic materials 
                regarding campus policies, protocols, and services 
                related to the prevention of and response to sexual 
                harassment, sexual assault, domestic violence, dating 
                violence, and stalking, on campus.
                    ``(E) Developing and implementing prevention 
                education and awareness programs on campus regarding 
                sexual harassment, sexual assault, domestic violence, 
                dating violence, and stalking.
    ``(c) Applications.--
            ``(1) In general.--In order to be eligible for a grant 
        under this section for any fiscal year, an institution of 
        higher education shall submit an application to the Secretary 
        at such time and in such manner as the Secretary shall 
        prescribe.
            ``(2) Contents.--Each application submitted under paragraph 
        (1) shall--
                    ``(A) describe the need for grant funds and the 
                plan for implementation for any of the activities 
                described in subsection (b);
                    ``(B) describe the characteristics of the 
                population being served, including type of campus, 
                demographics of the population, and number of students;
                    ``(C) describe how underserved populations in the 
                campus community will be adequately served, including 
                the provision of relevant population specific services;
                    ``(D) provide measurable goals and expected results 
                from the use of the grant funds;
                    ``(E) provide assurances that the Federal funds 
                made available under this section shall be used to 
                supplement and, to the extent practical, increase the 
                level of funds that would, in the absence of Federal 
                funds, be made available by the institution or 
                organization for the activities described in subsection 
                (b); and
                    ``(F) include such other information and assurances 
                as the Secretary reasonably determines to be necessary.
    ``(d) Reports.--
            ``(1) Grantee reporting.--
                    ``(A) Annual report.--Each institution of higher 
                education receiving a grant under this section shall 
                submit a performance report to the Secretary beginning 
                1 year after receiving the grant and annually 
                thereafter. The Secretary shall suspend funding under 
                this section for an institution of higher education if 
                the institution fails to submit such a report.
                    ``(B) Final report.--Upon completion of the grant 
                period under this section, the grantee institution 
                shall file a final performance report with the 
                Secretary explaining the activities carried out under 
                this section together with an assessment of the 
                effectiveness the activities described in subsection 
                (b).
            ``(2) Report to congress.--Not later than 180 days after 
        the end of the grant period under this section, the Secretary 
        shall submit to Congress a report that includes--
                    ``(A) the number of grants, and the amount of 
                funds, distributed under this section;
                    ``(B) a summary of the activities carried out using 
                grant funds and an evaluation of the progress made 
                under the grant; and
                    ``(C) an evaluation of the effectiveness of 
                programs funded under this section.''.

SEC. 9. ADMINISTRATIVE ACTION.

    Section 901 of the Education Amendments of 1972 (20 U.S.C. 1681) is 
amended by adding at the end the following:
    ``(d) Clarification.--Nothing in the Campus Accountability and 
Safety Act, or any amendment made by such Act, shall reduce or 
interfere with the rights and remedies provided for and available under 
this title.
    ``(e) Time for Filing Administrative Complaints.--Complaints filed 
with the Office for Civil Rights of the Department of Education with 
regards to sexual violence shall be considered timely when they are 
filed not later than 180 days after the date of graduation or 
disaffiliation with the institution.
    ``(f) Department of Education and Department of Justice Civil 
Penalties for Institutions of Higher Education.--
            ``(1) In general.--Upon determination, after reasonable 
        notice and opportunity for a hearing, that an educational 
        institution that is an institution of higher education has 
        violated or failed to carry out any provision of this section 
        in a factual circumstance related to sexual violence or any 
        regulation prescribed under this section related to sexual 
        violence, the Secretary of Education or Attorney General, may 
        impose a civil penalty upon such institution of not more than 1 
        percent of the institution's 1-year operating budget, as 
        defined by the Secretary of Education, for each violation or 
        failure. A civil penalty shall not interfere with--
                    ``(A) the Secretary's or Attorney General's ability 
                to seek or enter into a voluntary resolution agreement 
                with an institution of higher education;
                    ``(B) the Attorney General's litigation authority; 
                and
                    ``(C) an individual's right to seek other remedies, 
                including through a private right of action.
            ``(2) Adjustment to penalties.--Any civil penalty under 
        paragraph (1) may be reduced by the Secretary of Education or 
        Attorney General. In determining the amount of such penalty, or 
        the amount agreed upon in compromise, the appropriateness of 
        the penalty to the size of the operating budget of the 
        educational institution subject to the determination, and the 
        gravity of the violation or failure, and whether the violation 
        or failure was done intentionally, negligently, or otherwise, 
        shall be considered.
            ``(3) Distribution.--Any civil monetary penalty or monetary 
        settlement collected under this subsection shall be transferred 
        to the Grants to Improve Prevention and Response to Sexual 
        Harassment, Sexual Assault, Domestic Violence, Dating Violence, 
        and Stalking on Campus program.''.

SEC. 10. GAO REPORTS.

    (a) GAO Report.--The Comptroller General of the United States 
shall--
            (1) conduct a study on the effectiveness and efficiency of 
        the grant program under section 304 of the Violence Against 
        Women and Department of Justice Reauthorization Act of 2005 (42 
        U.S.C. 14045b); and
            (2) submit a report, not later than 2 years after the date 
        of enactment of this Act, on the study described in paragraph 
        (1), to the Committee on Health, Education, Labor, and Pensions 
        of the Senate and the Committee on Education and the Workforce 
        of the House of Representatives.
    (b) GAO Report.--The Comptroller General of the United States 
shall--
            (1) conduct a study on the effectiveness and efficiency of 
        the grants to improve prevention and response to sexual 
        harassment, sexual assault, domestic violence, dating violence, 
        and stalking, on campus under section 899 of the Higher 
        Education Act of 1965, as added by section 8 of this Act; and
            (2) submit a report, not later than 2 years after the date 
        of enactment of this Act, on the study described in paragraph 
        (1), to the Committee on Health, Education, Labor, and Pensions 
        of the Senate and the Committee on Education and the Workforce 
        of the House of Representatives.
                                 <all>