117 HR 9136 IH: Campus Accountability and Safety Act
U.S. House of Representatives
2022-10-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I
117th CONGRESS
2d Session
H. R. 9136
IN THE HOUSE OF REPRESENTATIVES
October 4, 2022
Mrs. Carolyn B. Maloney of New York (for herself, Mr. Katko, Ms. Adams, Ms. Barragán, Mr. Bowman, Mr. Casten, Mr. Danny K. Davis of Illinois, Mr. DeSaulnier, Mr. Espaillat, Mr. Fitzpatrick, Ms. Lois Frankel of Florida, Mr. Garamendi, Mr. Huffman, Ms. Jacobs of California, Mr. Jones, Mr. Khanna, Ms. Lee of California, Mr. Lynch, Ms. Meng, Ms. Moore of Wisconsin, Mrs. Napolitano, Ms. Newman, Ms. Norton, Mr. Panetta, Mr. Price of North Carolina, Mr. Soto, Mr. Takano, Ms. Titus, Ms. Tlaib, and Ms. Wasserman Schultz) introduced the following bill; which was referred to the Committee on Education and Labor
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.
1.

Short title
This Act may be cited as the “Campus Accountability and Safety Act”.
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)
if applicable, any memorandum of understanding between the institution and law enforcement, or 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 on the date that is 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 respondent 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 or other higher education responsible employee 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 respondents who were found responsible through the student disciplinary process of the institution.
(VI)
Of the cases described in subclause (IV), the number of respondents 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 a respondent 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 respondent 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)
in paragraph (6)(A), by adding at the end the following:
“(vi)
The term complainant means an individual who is alleged to be the victim of conduct that could constitute domestic violence, dating violence, sexual assault, sexual harassment, or stalking.
(vii)
The term respondent means an individual who is alleged to be the perpetrator of conduct that could constitute domestic violence, dating violence, sexual assault, sexual harassment, or stalking.
(viii)
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.
(ix)
The term higher education responsible employee means an employee of an institution of higher education who—
(I)
has the authority to take action to redress domestic violence, dating violence, sexual assault, sexual harassment, or stalking; or
(II)
has the duty to report domestic violence, dating violence, sexual assault, sexual harassment, or stalking or any other misconduct by students or employees to appropriate school officials.”;
(3)
by striking paragraph (7) and inserting the following:
“(7)
The statistics described in clauses (i), (ii), and (iii) of paragraph (1)(F)—
(A)
shall not identify complainants or respondents or contain any other information from which complainants or respondents could be identified; 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 (34 U.S.C. 12291(a)).
(ii)
For the offense of rape, such statistics shall be compiled in accordance with the definition of rape as the 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.
(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 (34 U.S.C. 41305).”; and
(4)
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 complainant’s wishes, cooperate with local law enforcement with respect to any alleged criminal offenses involving students or employees of the institution of higher education, including by notifying and obtaining written consent from a complainant who has been fully and accurately informed about what procedures shall occur if information is shared, when the institution of higher education seeks to share information regarding an alleged criminal offenses with a law enforcement agency” 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”.
3.

Transparency
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:
“124.

Transparency
The Secretary shall establish a publicly available, searchable, accessible, 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 (as defined in section 485(f)(6)), 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.”.
4.

University support for survivors of domestic violence, dating violence, sexual assault, sexual harassment, 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:
“125.

University support for survivors of domestic violence, dating violence, sexual assault, sexual harassment, and stalking
(a)

Definitions
In this section:
(1)

Complainant
The term complainant means an individual who is alleged to be the victim of conduct that could constitute domestic violence, dating violence, sexual assault, sexual harassment, or stalking.
(2)

Higher education responsible employee
The term higher education responsible employee has the meaning given the term in section 485(f)(6).
(3)

Respondent
The term respondent means an individual who is alleged to be the perpetrator of conduct that could constitute domestic violence, dating violence, sexual assault, sexual harassment, or stalking.
(4)

Title IX coordinator
The term title IX coordinator has the meaning given the term in section 485(f)(6).
(5)

Victim-centered, trauma-informed interview techniques
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, sexual harassment, or stalking, in a manner that is focused on the experience of the victim, does not judge or blame the victim for the alleged act, is informed by evidence-based research on the neurobiology of trauma, and contains information on cultural competence based on practices of rape crisis centers, victim advocacy centers, sexual assault response teams, title IX offices, and similar groups, including organizations that work with underserved populations (as defined in section 40002 of the Violence Against Women Act of 1994 (34 U.S.C. 12291)).
(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 and interpersonal violence coordinators
The designation of one or more sexual and interpersonal violence coordinators at the institution to whom student complainants of domestic violence, dating violence, sexual assault, sexual harassment, or stalking can report, including anonymously, which shall be part of a policy that complies with the following:
(A)
The sexual and interpersonal violence 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 trauma-informed victim services related to domestic violence, dating violence, sexual assault, sexual harassment, and stalking, including to underserved populations (as defined in section 40002 of the Violence Against Women Act of 1994 (34 U.S.C. 12291));
(iv)
shall be supervised by an individual outside the body responsible for investigating and adjudicating complaints at the institution related to domestic violence, dating violence, sexual assault, sexual harassment, and stalking;
(v)
shall not serve as an advisor under section 485(f)(8)(B)(iv)(III); and
(vi)
shall not be required to report allegations as a campus security authority under section 485(f).
(B)
The Secretary shall designate categories of employees that may serve as sexual and interpersonal violence coordinators, such as health care staff, clergy, staff of a women’s center, or other such categories, and specify under what conditions individuals may go through training to obtain victim advocate privilege in States with applicable laws. 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 and interpersonal violence coordinators or to serve in other confidential roles.
(C)
The sexual and interpersonal violence coordinator shall complete the training requirements described in paragraph (5) and subparagraph (D) within a reasonable time after being designated as a sexual and interpersonal violence 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 and interpersonal violence coordinators.
(E)
The sexual and interpersonal violence coordinator shall inform the complainant, including in a written format—
(i)
of the complainant’s rights under Federal and State law;
(ii)
of the complainant’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 complainant’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 civil 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, including any possible sanctions for complainants, such as laws regarding false reporting, in a victim-centered and trauma-informed manner;
(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;
(viii)
any limitations on the ability of the sexual and interpersonal violence coordinator to provide privacy or confidentiality to the complainant under the policies of the institution of higher education, Federal law, or State law; and
(ix)
of a list of local rape crisis centers, victim advocacy centers, sexual and interpersonal violence teams, title IX offices, or similar groups that are based on or near campus and can reasonably be expected to act as a resource for the student.
(F)
The sexual and interpersonal violence coordinator may, as appropriate—
(i)
serve as a liaison between a complainant and a higher education responsible employee or law enforcement, provided the sexual and interpersonal violence coordinator has obtained written consent from the complainant who has been fully and accurately informed about what procedures shall occur if information is shared; and
(ii)
assist a complainant in contacting and reporting to a higher education responsible employee or law enforcement.
(G)
The sexual and interpersonal violence 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 complainant to change living arrangements or class schedules, obtain accessibility services (including language services), or arrange other accommodations for the complainant. The institution may not require that the complainant report to a law enforcement agency as a condition to grant such accommodations.
(H)
The sexual and interpersonal violence coordinator shall not be obligated to report crimes to the institution or law enforcement in a way that identifies a complainant or respondent, unless otherwise required to do so by State law. The sexual and interpersonal violence coordinator shall, to the extent authorized under State law, provide confidential services.
(I)
The institution shall designate as a sexual and interpersonal violence coordinator an individual who has victim advocate privilege under State law (including receipt of any applicable State-required training for that purpose) if there is such an individual employed by the institution. The institution may partner through a formal agreement 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 and interpersonal violence coordinator shall collect and report anonymized statistics, on an annual basis, unless prohibited by State law. The sexual and interpersonal violence coordinator shall ensure that such reports do not include identifying information and that the confidentiality of a complainant or respondent is not jeopardized through the reporting of such statistics. Any requests for accommodations, as described in subparagraph (G), made by a sexual and interpersonal violence coordinator shall not trigger an investigation by the institution, even if the sexual and interpersonal violence coordinator deals only with matters relating to domestic violence, dating violence, sexual assault, sexual harassment, and stalking.
(K)
The institution shall appoint an adequate number of sexual and interpersonal violence 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 and interpersonal violence 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)
As part of the negotiated rulemaking process described in subparagraph (K)(i), the Secretary shall determine a process to allow institutions that enroll fewer than 1,000 students to partner with another institution of higher education in their region or State to provide the services described in this paragraph while ensuring that students continue to have adequate access to a sexual and interpersonal violence coordinator.
(M)
The institution shall not discipline, penalize, or otherwise retaliate against an individual who reports, in good faith, domestic violence, dating violence, sexual assault, sexual harassment, or stalking to the sexual and interpersonal violence coordinator.
(N)
Each employee of an institution who receives a report of domestic violence, dating violence, sexual assault, sexual harassment, or stalking shall notify the reporting individual of the existence of, contact information for, and services provided by sexual and interpersonal violence 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 and interpersonal violence coordinator;
(B)
reporting options, including confidential options, for complainants of domestic violence, dating violence, sexual assault, sexual harassment, 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 complainant, as described in paragraph (1)(G);
(F)
the telephone number and website address for a local, State, or national hotline providing information to complainants (which shall be clearly communicated on the website and shall be updated on a timely basis);
(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;
(H)
the institution’s amnesty and retaliation policies; and
(I)
a list of local rape crisis centers, victim advocacy centers, sexual assault response teams, title IX offices, or similar groups that are based on or near campus and can reasonably be expected to act as a resource for the student.
(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, if they choose to do so, 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 and interpersonal violence coordinator and any other appropriate on- or off-campus resource.
(4)

Amnesty policy
(A)

In general
The institution shall provide an amnesty policy for any student who reports, in good faith, domestic violence, dating violence, sexual assault, sexual harassment, 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, sexual harassment, or stalking.
(B)

Good faith
A determination of whether a report is made in good faith—
(i)
shall be made in accordance with regulations established by the Secretary through a negotiated rulemaking process; and
(ii)
shall not include a presumptive finding that a student did not act in good faith based solely on the institution not initiating a disciplinary proceeding based on the student's report.
(C)

No preemption
The requirement under subparagraph (A) 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.
(D)

Provision of information
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, sexual harassment, or stalking; and
(ii)
each employee of an institution of higher education who has responsibility for conducting an interview with a complainant of domestic violence, dating violence, sexual assault, sexual harassment, or stalking.
(B)

Contents
Such training shall include—
(i)
information on working with and interviewing persons subjected to domestic violence, dating violence, sexual assault, sexual harassment, or stalking;
(ii)
information on particular types of conduct that would constitute domestic violence, dating violence, sexual assault, sexual harassment, or stalking, regardless of gender, including same-sex incidents of domestic violence, dating violence, sexual assault, sexual harassment, or stalking;
(iii)
information on consent and what factors, including power dynamics, may impact whether consent is voluntarily given, including the ways drugs or alcohol may affect an individual’s ability to consent and information on consent for victims with disabilities or victims who may be neurodivergent;
(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, sexual harassment, and stalking may impact students differently depending on their cultural background;
(vii)
information on cultural competence that addresses the needs of underserved populations (as defined in section 40002 of the Violence Against Women Act of 1994 (34 U.S.C. 12291)) in the campus community; and
(viii)
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 1 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, sexual harassment, or stalking
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, sexual harassment, or stalking against a student who attends the institution;
(B)
shall not carry out a different disciplinary process on the same campus for domestic violence, dating violence, sexual assault, sexual harassment, or stalking, 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; and
(C)
may not, as a condition of student participation in a disciplinary proceeding—
(i)
automatically notify a law enforcement agency of—
(I)
a receipt of a report of domestic violence, dating violence, sexual assault, sexual harassment, or stalking; or
(II)
the initiation of a campus disciplinary proceeding; or
(ii)
require cooperation with a law enforcement agency.
(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 domestic violence, dating violence, sexual assault, sexual harassment, or stalking, 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 complainant and respondent with written notice of the institution’s decision to proceed with an institutional disciplinary process regarding an allegation of domestic violence, dating violence, sexual assault, sexual harassment, or stalking within 24 hours of such decision, and sufficiently in advance of a disciplinary hearing to provide both the complainant and respondent 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 complainant and respondent, including those described in section 485(f)(8)(B)(iv) and any other rights or protections that the complainant and respondent 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 complainant and respondent 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 and interpersonal violence 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 and interpersonal violence 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 and interpersonal violence 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 (8) 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).
5.

Grants to improve prevention and response to domestic violence, dating violence, sexual assault, sexual harassment, 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:
“BB

Grants for institutions to address and prevent domestic violence, dating violence, sexual assault, sexual harassment, and stalking on campus
899.

Grants for institutions to address and prevent domestic violence, dating violence, sexual assault, sexual harassment, and stalking 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 and prevent domestic violence, dating violence, sexual assault, sexual harassment, 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 125.
(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); and
(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 (34 U.S.C. 20125) 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; or
(B)
that have demonstrated a strong commitment to prioritizing the prevention of domestic violence, dating violence, sexual assault, sexual harassment, and stalking 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 domestic violence, dating violence, sexual assault, sexual harassment, 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 domestic violence, dating violence, sexual assault, sexual harassment, and stalking on campus;
(iii)
hosting a conference that brings together academic researchers to present and share ideas and research regarding domestic violence, dating violence, sexual assault, sexual harassment, 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 domestic violence, dating violence, sexual assault, sexual harassment, 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 section for a period of not more than 5 years.
(b)

Use of grant funds
(1)

Mandatory uses
Grant funds awarded under this section shall be used to research best practices for preventing and responding to domestic violence, dating violence, sexual assault, sexual harassment, 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 domestic violence, dating violence, sexual assault, sexual harassment, and stalking on campus.
(B)
Strengthening victim services for incidents involving domestic violence, dating violence, sexual assault, sexual harassment, and stalking on campus, which may involve partnerships with community-based victim services agencies.
(C)
Strengthening prevention education and awareness programs on campus regarding domestic violence, dating violence, sexual assault, sexual harassment, and stalking.
(2)

Permissive uses
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 domestic violence, dating violence, sexual assault, sexual harassment, 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 domestic violence, dating violence, sexual assault, sexual harassment, 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 domestic violence, dating violence, sexual assault, sexual harassment, and stalking, and to improve delivery of victim assistance on campus, including through the services of the sexual and interpersonal violence coordinator (as described in section 125(b)).
(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 domestic violence, dating violence, sexual assault, sexual harassment, and stalking on campus.
(E)
Developing and implementing prevention education and awareness programs on campus regarding domestic violence, dating violence, sexual assault, sexual harassment, 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 (as defined in section 40002 of the Violence Against Women Act of 1994 (34 U.S.C. 12291)) 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.”.
6.

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 domestic violence, dating violence, sexual assault, sexual harassment, and stalking on campus under section 899 of the Higher Education Act of 1965, as added by section 5 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 Labor of the House of Representatives.