[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1801 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 1801

 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 SENATE OF THE UNITED STATES

                           September 12, 2017

 Mr. Kaine (for himself, Mrs. Feinstein, Ms. Baldwin, and Ms. Hirono) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To amend the Higher Education Act of 1965 to 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.

    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. INDEPENDENT ADVOCATE FOR CAMPUS SEXUAL ASSAULT PREVENTION 
              AND RESPONSE.

    ``(a) Advocate.--
            ``(1) In general.--
                    ``(A) Designation.--Each institution of higher 
                education that receives Federal financial assistance 
                under title IV shall designate an independent advocate 
                for campus sexual assault prevention and response 
                (referred to in this section as the `Advocate') who 
                shall be appointed based on 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 institution 
                described in subparagraph (A) 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) Appointment.--Not later than 180 days after 
                the date of enactment of the Survivor Outreach and 
                Support Campus Act, the Secretary shall prescribe 
                regulations for institutions to follow in appointing 
                Advocates under this section. At a minimum, each 
                Advocate shall--
                            ``(i) report to an individual outside the 
                        body responsible for investigating and 
                        adjudicating sexual assault complaints at the 
                        institution; and
                            ``(ii) 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.
            ``(2) Role of the advocate.--In carrying out the 
        responsibilities described in this section, the Advocate shall 
        represent the interests of the student victim even when in 
        conflict with the interests of the institution. The Advocate 
        may not be disciplined, penalized, or otherwise retaliated 
        against by the institution for representing the interest of the 
        victim, in the event of a conflict of interest with the 
        institution.
    ``(b) Sexual Assault.--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.
    ``(c) Responsibilities of the Advocate.--Each Advocate shall carry 
out the following, regardless of whether the victim wishes the victim's 
report to remain confidential:
            ``(1)(A) Ensure that victims of sexual assault at the 
        institution receive, with the victim's consent, the following 
        sexual assault victim's assistance services available 24 hours 
        a day:
                    ``(i) Information on how to report a campus sexual 
                assault to law enforcement.
                    ``(ii) Emergency medical care, including follow up 
                medical care as requested.
                    ``(iii) Medical forensic or evidentiary 
                examinations.
            ``(B) Ensure that victims of sexual assault at the 
        institution receive, with the victim's consent, the following 
        sexual assault victim's assistance services:
                    ``(i) Crisis intervention counseling and ongoing 
                counseling.
                    ``(ii) Information on the victim's rights and 
                referrals to additional support services.
                    ``(iii) Information on legal services.
            ``(C) Provide the services described in subparagraphs (A) 
        and (B) either--
                    ``(i) 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 the institution; or
                    ``(ii) on the campus of the institution in 
                consultation with a rape crisis center, legal 
                organization, or other community-based organization.
            ``(D) Ensure that a victim of sexual assault may not be 
        disciplined, penalized, or otherwise retaliated against for 
        reporting such assault to the Advocate.
            ``(2) Guide victims of sexual assault who request 
        assistance through the reporting, counseling, administrative, 
        medical and health, academic accommodations, or legal processes 
        of the institution or local law enforcement.
            ``(3) Attend, at the request of the victim of sexual 
        assault, any administrative or institution-based adjudication 
        proceeding related to such assault as an advocate for the 
        victim.
            ``(4) Maintain the privacy and confidentiality of the 
        victim and any witness of such sexual assault, and shall not 
        notify the institution or any other authority of the identity 
        of the victim or any such witness or the alleged circumstances 
        surrounding the reported sexual assault, unless otherwise 
        required by the applicable laws in the State where such 
        institution is located.
            ``(5) Conduct a public information campaign to inform the 
        students enrolled at the institution of the existence of, 
        contact information for, and services provided by the Advocate, 
        including--
                    ``(A) posting information--
                            ``(i) on the website of the 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.
    ``(d) 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').''.
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