[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3734 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 3734

 To amend the Higher Education Act of 1965 to require institutions of 
  higher education to have an independent advocate for campus sexual 
                    assault prevention and response.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 11, 2017

Mrs. Davis of California (for herself, Ms. Lee, Ms. Wilson of Florida, 
 Mr. Vargas, Mrs. Napolitano, Mr. Nadler, Mr. Nolan, Ms. Kuster of New 
Hampshire, Mr. Krishnamoorthi, Ms. Judy Chu of California, Ms. DeLauro, 
 Ms. Bonamici, Mr. Takano, Ms. Shea-Porter, and Ms. Moore) 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 require institutions of 
  higher education to have an independent advocate for campus sexual 
                    assault prevention and response.

    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 ``Survivor Outreach and Support Campus 
Act'' or the ``SOS Campus Act''.

SEC. 2. INDEPENDENT ADVOCATE FOR CAMPUS SEXUAL ASSAULT PREVENTION AND 
              RESPONSE.

    (a) Establishment.--Part G of title IV of the Higher Education Act 
of 1965 (20 U.S.C. 1088 et seq.) is amended by inserting after section 
485E the following new section:

``SEC. 485F. INDEPENDENT ADVOCATE FOR CAMPUS SEXUAL ASSAULT PREVENTION 
              AND RESPONSE.

    ``(a) Designation.--Each eligible institution participating in any 
program under this title shall designate an independent advocate for 
campus sexual assault prevention and response (in this section referred 
to as the `Advocate') who shall be appointed based on certifications, 
experience, and a demonstrated ability of the individual to effectively 
provide sexual assault victim services.
    ``(b) Notification of Existence of and Information for the 
Advocate.--Each employee of an eligible institution who receives a 
report of sexual assault shall notify the victim of the existence of, 
contact information for, and services provided by the Advocate of the 
institution.
    ``(c) Advocate Oversight.--Each Advocate shall--
            ``(1) report to an individual outside the body responsible 
        for investigating and adjudicating sexual assault complaints at 
        the institution;
            ``(2) submit to such individual an annual report 
        summarizing how the resources supplied to the Advocate were 
        used, including the number of male and female sexual assault 
        victims assisted; and
            ``(3) be appointed in such manner as the Secretary 
        determines is appropriate.
    ``(d) Role.--
            ``(1) In general.--In carrying out the responsibilities 
        described in this section, the Advocate shall represent the 
        interests of the student victim without regard to whether such 
        interests are in conflict with the interests of the institution 
        designating such Advocate.
            ``(2) Prohibition on retaliation.--No institution of higher 
        education designating an Advocate in accordance with this 
        section may discipline, penalize, or otherwise retaliate 
        against such Advocate for representing the interests of a 
        student victim, without regard to whether such interests are in 
        conflict with the interests of such institution.
    ``(e) Responsibilities.--
            ``(1) Services available at all times.--Each Advocate shall 
        ensure that victims of sexual assault at the institution are 
        able to receive, at the election of the victim and at any time 
        of day, each day of the week--
                    ``(A) information on how to report a campus sexual 
                assault to law enforcement;
                    ``(B) emergency medical care, including follow up 
                medical care as requested; and
                    ``(C) medical forensic or evidentiary examinations.
            ``(2) Other services.--Each Advocate shall ensure that 
        victims of sexual assault at the institution are able to 
        receive, at the election of the victim--
                    ``(A) crisis intervention counseling and ongoing 
                counseling;
                    ``(B) information on the victim's rights and 
                referrals to additional support services; and
                    ``(C) information on legal services.
            ``(3) Guidance.--Each Advocate shall guide victims of 
        sexual assault who request assistance through the reporting, 
        counseling, administrative, medical and health, academic 
        accommodations, or legal processes of the institution 
        designating such Advocate or local law enforcement.
            ``(4) Attendance at adjudications.--At the request of the 
        victim of sexual assault, each Advocate shall attend any 
        administrative or institution-based adjudication proceeding 
        related to such assault as an advocate for the victim.
            ``(5) Privacy and confidentiality.--Each Advocate shall 
        maintain the privacy and confidentiality of the victim of, and 
        any witness to, such sexual assault and shall not notify the 
        institution designating such Advocate or any other person of 
        the identity of the victim or any such witness or the alleged 
        circumstances surrounding the reported sexual assault except--
                    ``(A) as otherwise required by the applicable laws 
                in the State where such institution is located;
                    ``(B) with respect to the identity of the victim, 
                with the consent of the victim; or
                    ``(C) with respect to the identity of such witness, 
                with the consent of such witness.
            ``(6) Public information campaign.--Each Advocate shall 
        conduct a public information campaign to inform the students 
        enrolled at the institution designating such Advocate of the 
        existence of, contact information for, and services provided by 
        the Advocate, including--
                    ``(A) posting information--
                            ``(i) on the website of such institution;
                            ``(ii) in student orientation materials; 
                        and
                            ``(iii) on posters displayed in 
                        dormitories, cafeterias, sports arenas, locker 
                        rooms, entertainment facilities, and 
                        classrooms; and
                    ``(B) training coaches, faculty, school 
                administrators, resident advisors, and other staff to 
                provide information on the existence of, contact 
                information for, and services provided by the Advocate.
    ``(f) Availability of Services.--The services described in 
paragraphs (1) and (2) of subsection (e) shall be provided--
            ``(1) pursuant to a memorandum of understanding (that 
        includes transportation services), at a rape crisis center, 
        legal organization, or other community-based organization 
        located within a reasonable distance from an institution; or
            ``(2) on the campus of an institution in consultation with 
        a rape crisis center, legal organization, or other community-
        based organization.
    ``(g) Prohibition on Retaliation Towards Victims.--A victim of 
sexual assault may not be disciplined, penalized, or otherwise 
retaliated against for reporting such assault to the Advocate.
    ``(h) No Effect on Clery Act and Title IX.--Nothing in this section 
shall alter or amend the rights, duties, and responsibilities under 
section 485(f) or title IX of the Education Amendments of 1972 (20 
U.S.C. 1681 et seq.) (also known as the Patsy Takemoto Mink Equal 
Opportunity in Education Act).
    ``(i) Sexual Assault Defined.--In this section, the term `sexual 
assault' means penetration, no matter how slight, of the vagina or anus 
with any body part or object, or oral penetration by a sex organ of 
another person, without the consent of the victim, including when the 
victim is incapable of giving consent.''.
    (b) Regulations.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Education shall issue 
regulations to carry out section 485F of the Higher Education Act of 
1965, as added by subsection (a) of this section.
                                 <all>