[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 976 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 976
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 assault, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 1, 2019
Mrs. Gillibrand (for herself, Mr. Grassley, Ms. Ernst, Mr. Rubio, Mrs.
Capito, Mr. Blumenthal, Ms. Hassan, Mr. Reed, Mr. Warner, 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 assault, 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, at a
minimum, publication in an easily accessible manner on
the website of the institution,'' 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 law enforcement pursuant to section 124
(or, if such requirement has been waived, a description
of the working relationship between the institution,
campus security personnel, or campus law enforcement
and State or local law enforcement agencies); and'';
(C) in subparagraph (F)--
(i) in clause (i)--
(I) by redesignating subclauses
(III) through (IX) as subclauses (VI)
through (XII); and
(II) by striking subclause (II) and
inserting the following:
``(II) rape;
``(III) fondling;
``(IV) incest;
``(V) statutory rape;''; and
(ii) in clause (ii), by striking
``subclauses (I) through (VIII) of clause (i)''
and inserting ``subclauses (I) through (XI) of
clause (i)''; and
(D) by adding at the end the following:
``(K)(i) With respect to the criminal activity
described in subclauses (II) and (III) of subparagraph
(F)(i), 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 where
the accused individual is a student at the
institution.
``(II) Of the incidents described in
subclause (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.
``(III) Of the incidents described in
subclause (II), the number of victims who
sought campus disciplinary action at the
institution.
``(IV) Of the victims described in
subclause (III), the number of cases processed
through the student disciplinary process of the
institution.
``(V) Of the cases described in subclause
(IV), the number of accused individuals who
were found responsible through the student
disciplinary process of the institution.
``(VI) Of the cases described in subclause
(IV), the number of accused individuals who
were found not responsible through the student
disciplinary process of the institution.
``(VII) 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, if
such description will not reveal personally
identifiable information about an individual
student.
``(VIII) The number of student disciplinary
proceedings at the institution that have closed
without resolution since the previous annual
security report due to withdrawal from the
institution of higher education by the accused
student pending resolution of the student
disciplinary proceeding.
``(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) The statistics described in clauses (i) and (ii) of paragraph
(1)(F)--
``(A) shall not identify victims of crimes or persons
accused of crimes; and
``(B) 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 the offense of rape, such statistics
shall be compiled in accordance with the definition
used in the Summary Reporting System of the Uniform
Crime Reporting Program of the Department of Justice,
Federal Bureau of Investigation.
``(iii) For the offenses of fondling, incest, and
statutory rape, such statistics shall be compiled in
accordance with the definition used in the National
Incident Based Reporting System.
``(iv) For offenses not described in clause (i),
(ii), or (iii), such statistics shall be compiled in
accordance with the Uniform Crime Reporting Program of
the Department of Justice, Federal Bureau of
Investigation, and the modifications to such
definitions as implemented pursuant to the Hate Crime
Statistics Act (28 U.S.C. 534 note).'';
(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 5 days of such determination''
after ``sexual assault, or stalking'';
(II) in item (bb), by inserting
``simultaneously with the notification
of the outcome described in item
(aa),'' before ``the institution's'';
(III) in item (cc), by inserting
``within 5 days of such change'' after
``results become final''; and
(IV) in item (dd), by inserting
``within 5 days 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 make available through a
secure online portal, a standardized online survey tool
regarding student experiences with domestic violence, dating
violence, sexual assault, and stalking. The Secretary shall
develop such survey tool using best practices from peer-
reviewed research measuring domestic violence, dating violence,
sexual assault, and stalking. The Secretary shall consult with
the higher education community and experts in survey research
related to domestic violence, dating violence, sexual assault,
and stalking regarding the development and design of such
survey tool and the methodology for administration of such
survey tool. 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 student experiences with
domestic violence, dating violence, sexual assault, and
stalking, including the experiences of victims of such
incidents, 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.
``(C) The Secretary, in consultation with the Attorney
General, shall develop a mechanism by which institutions of
higher education may administer the survey described in
subparagraph (A) through a Federal source.
``(D) 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.
``(E) Responses to the survey shall be submitted
confidentially and shall not be included in crime statistics
reported under this subsection. Reporting of survey data shall
not include personally identifiable information.
``(F) The survey described in subparagraph (A) shall
include the following:
``(i) Questions designed to determine the incidence
and prevalence of domestic violence, dating violence,
sexual assault, and stalking.
``(ii) Questions regarding whether students know
about institutional policies and procedures related to
domestic violence, dating violence, sexual assault, and
stalking.
``(iii) Questions designed to determine, if victims
reported domestic violence, dating violence, sexual
assault, or stalking--
``(I) to whom the incident 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 at the institution.
``(vi) Questions to determine whether a victim
reported an incident to State, local, or campus law
enforcement.
``(vii) Questions to determine why the victim chose
to report or not report an incident to State, local, or
campus law enforcement.
``(viii) Other questions as determined by the
Secretary.
``(G) Beginning not later than 2 years after the date of
enactment of the Campus Accountability and Safety Act, the
Secretary shall prepare a biennial 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.
``(H) 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) 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, noncampus building or property, or public property (as
these terms are defined under section 485(f)) (excluding a campus,
noncampus building or property, or public property located outside the
United States) to clearly delineate responsibilities and share
information, in accordance with applicable Federal confidentiality
laws, about domestic violence, dating violence, sexual assault, and
stalking 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 that has entered into such a memorandum of
understanding every 2 years. As part of the review process, the
institution shall contact each law enforcement agency that has entered
into a memorandum of understanding 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) coordinated training and requirements on issues
related to domestic violence, dating violence, sexual assault,
and stalking; and
``(4) a method of sharing information about specific
crimes, which may include a mechanism for sharing information
anonymously, that--
``(A) requires that the victim authorized or
requested that such information be shared and is fully
and accurately informed about what procedures shall
occur if the information is shared; and
``(B) is carried out in a manner that is consistent
with section 444 of the General Education Provisions
Act (20 U.S.C. 1232g) (commonly referred to as the
`Family Educational Rights and Privacy Act of 1974').
``(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, or will only commit
to entering into a memorandum of understanding that, if
followed, would cause the institution of higher
education to be in violation of Federal or State law,
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 DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, AND STALKING.
(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 DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.
``(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) has the authority to take action to redress
sexual harassment; or
``(B) has the duty to report sexual harassment or
any other misconduct by students or employees to
appropriate school officials.
``(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
an individual who reports that the individual has been a victim
of domestic violence, dating violence, sexual assault, or
stalking, in a manner that is focused on the experience of the
victim, that does not judge or blame the victim for the alleged
assault, and that is informed by evidence-based research on the
neurobiology of trauma.
``(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) Sexual assault response coordinators.--The
designation of one or more sexual assault response coordinators
at the institution to whom student victims of 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 sexual assault response coordinator--
``(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;
``(ii) may have other roles at the
institution;
``(iii) shall be appointed based on
experience and a demonstrated ability of the
individual to effectively provide victim
services related to domestic violence, dating
violence, sexual assault, and stalking;
``(iv) shall report to an individual
outside the body responsible for investigating
and adjudicating complaints at the institution
related to domestic violence, dating violence,
sexual assault, or stalking; and
``(v) shall not serve as an advisor under
section 485(f)(8)(B)(iv)(III).
``(B) The Secretary shall designate categories of
employees that may serve as sexual assault response
coordinators, 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 sexual assault response coordinators or to
serve in other confidential roles.
``(C) The sexual assault response coordinator shall
complete the training requirements described in
paragraph (5) and subparagraph (D) within a reasonable
time after being designated as a sexual assault
response coordinator.
``(D) The Secretary shall develop online training
materials, in addition to the training required under
paragraph (5), not later than 1 year after the date of
enactment of the Campus Accountability and Safety Act,
for the training of sexual assault response
coordinators.
``(E) The sexual assault response coordinator shall
inform the victim, including in a written format--
``(i) of the victim's rights under Federal
and State law;
``(ii) of the victim's rights and options
pursuant to the policy that the institution of
higher education has developed pursuant to
clauses (ii) through (vii) of section
485(f)(8)(B);
``(iii) 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;
``(iv) a description of the process of
investigation and any disciplinary proceeding
of the institution that may follow notification
of a higher education responsible employee;
``(v) a description of the process of
investigation and adjudication of the criminal
justice system that may follow notification of
law enforcement;
``(vi) a description of the jurisdiction,
scope, and possible sanctions of the student
disciplinary process of the institution of
higher education and of the criminal justice
process;
``(vii) that the student disciplinary
process of the institution of higher education
in not equivalent to, and should not be
considered a substitute for, the criminal
justice process; and
``(viii) any limitations on the ability of
the sexual assault response coordinator to
provide privacy or confidentiality to the
victim under the policies of the institution of
higher education, Federal law, or State law.
``(F) The sexual assault response coordinator may,
as appropriate--
``(i) serve as a liaison between a victim
and a higher education responsible employee or
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 law enforcement.
``(G) The sexual assault response coordinator 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 for the victim.
``(H) The sexual assault response coordinator 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 sexual assault response coordinator
shall, to the extent authorized under State law,
provide confidential services. Any requests for
accommodations, as described in subparagraph (G), made
by a sexual assault response coordinator shall not
trigger an investigation by the institution, even if
the sexual assault response coordinator deals only with
matters relating to domestic violence, dating violence,
sexual assault, and stalking.
``(I) The institution shall designate as a sexual
assault response coordinator an individual who has
protection under State law to provide privileged
communication. The institution may partner through a
formal arrangement with an outside organization with
the experience described in subparagraph (A)(iii), such
as a community-based rape crisis center or other
community-based sexual assault service provider, to
provide the services described in this paragraph.
``(J) The sexual assault response coordinator shall
collect and report statistics in accordance with the
requirements of section 485(f). The sexual assault
response coordinator shall not include identifying
information or jeopardize the confidentiality of a
victim or an accused individual when reporting such
statistics.
``(K) The institution shall appoint an adequate
number of sexual assault response coordinators not
later than the earlier of--
``(i) 1 year after the Secretary determines
through a negotiated rulemaking process what an
adequate number of sexual assault response
coordinators is for an institution based on its
size; or
``(ii) 3 years after the date of enactment
of the Campus Accountability and Safety Act.
``(L) Each institution that enrolls fewer than
1,000 students may partner with another institution of
higher education in their region or State to provide
the services described in this paragraph.
``(M) The institution shall not discipline,
penalize, or otherwise retaliate against an individual
who reports, in good faith, domestic violence, dating
violence, sexual assault, or stalking to the sexual
assault response coordinator.
``(N) Each employee of an institution who receives
a report of domestic violence, dating violence, sexual
assault, or stalking shall notify the reporting
individual of the existence of, contact information
for, and services provided by sexual assault response
coordinator of the institution.
``(2) Information on the institution's website.--The
institution shall list on its website--
``(A) the name and contact information for the
sexual assault response coordinator;
``(B) reporting options, including confidential
options, for victims of 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 domestic violence, dating violence,
sexual assault, and stalking 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 medical
forensic examination administered by a trained sexual
assault 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 sexual assault response coordinator.
``(4) Amnesty policy.--The institution shall provide an
amnesty policy for any student who reports, in good faith,
domestic violence, dating violence, sexual assault, or stalking
to an institution official, such that the reporting student
will not be sanctioned by the institution for a student conduct
violation related to alcohol use or drug use that is revealed
in the course of such a report and that occurred at or near the
time of the commission of the domestic violence, dating
violence, sexual assault, or stalking. This provision shall not
preempt the ability of an institution of higher education to
establish an amnesty policy for student conduct violations not
mentioned in this provision. The institution shall provide
information about the amnesty policy of the institution on the
website of the institution.
``(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 and
institutions of higher education, shall develop a
training program, which may include online training
modules, 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 domestic
violence, dating violence, sexual assault,
stalking, or sexual misconduct policy
violations; and
``(ii) each employee of an institution of
higher education who has responsibility for
conducting an interview with a victim of
domestic violence, dating violence, sexual
assault, stalking, or sexual misconduct policy
violations.
``(B) Contents.--Such training shall include--
``(i) information on working with and
interviewing persons subjected to domestic
violence, dating violence, sexual assault, or
stalking;
``(ii) information on particular types of
conduct that would constitute domestic
violence, dating violence, sexual assault, or
stalking, regardless of gender, including same-
sex incidents of domestic violence, dating
violence, sexual assault, or stalking;
``(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 domestic violence, dating
violence, sexual assault, or stalking 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 of
higher education 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 domestic violence, dating
violence, sexual assault, stalking, or a sexual misconduct
policy violation.--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 domestic violence, dating violence, sexual assault,
stalking or a sexual misconduct policy violation
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 domestic
violence, dating violence, sexual assault, stalking, or
a sexual misconduct policy violation, 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 accuser and the accused student
with the opportunity to meaningfully exercise their rights to a
proceeding that is prompt, fair, and impartial, which shall
include the opportunity for both parties to present witnesses
and other evidence, and any other 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 description of the process for the
disciplinary proceeding, including the estimated
timeline from initiation to final disposition.
``(C) A description of the rights and protections
available to the accuser and the accused student,
including those described in section 485(f)(8)(B)(iv)
and any other rights or protections that the accuser 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 accuser and the
accused student can submit questions about any of the
information described in the written notice of the
institutional disciplinary process.
``(c) Penalties.--
``(1) Penalty relating to sexual assault response
coordinators.--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) Sexual assault response coordinator.--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 sexual assault response
coordinators 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.
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.
``The Secretary shall establish a publicly available, searchable,
and user-friendly campus safety 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 section 485(f) and 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 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 or section 485(f). 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'.
``(3) A comprehensive campus safety and security data
analysis tool that allows for the review and download of data
that institutions of higher education subject to section 485(f)
are required to report under this Act.
``(4) Information regarding how to file complaints with the
Department related to alleged violations of title IX of the
Education Amendments of 1972 (20 U.S.C. 1681) and of section
485(f).
``(5) Information regarding the Department's policies for
reviewing complaints, initiating compliance reviews, and
conducting and resolving investigations related to alleged
violations of title IX of the Education Amendments of 1972 (20
U.S.C. 1681) and of section 485(f). This information shall
include--
``(A) the contact information for at least one
individual at the Department who can answer questions
from institutions of higher education, complainants,
and other interested parties about such policies;
``(B) potential outcomes of an investigation; and
``(C) the expected timeframe for resolution of an
investigation and any circumstance that may change such
timeframe.''.
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 a campus
security policy that meets the requirements of section
125; and
``(C) 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.--''; 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
an individual who reports that the individual has been a victim
of domestic violence, dating violence, sexual assault, or
stalking, in a manner that is focused on the experience of the
victim, that does not judge or blame the victim for the alleged
assault, and that is informed by evidence-based research on the
neurobiology of trauma.''.
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 section 485(f)(20) 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 sexual
assault response coordinator (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 of 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. GAO REPORTS.
(a) GAO Reports.--
(1) Report under section 304 of the violence against women
and department of justice reauthorization act of 2005.--The
Comptroller General of the United States shall--
(A) 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
(B) 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 and the Committee on the
Judiciary of the Senate and the Committee on Education
and Labor and the Committee on the Judiciary of the
House of Representatives.
(2) Report under section 899 of the higher education act of
1965.--The Comptroller General of the United States shall--
(A) 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
(B) 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 Labor of the House of
Representatives.
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