[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2139 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2139

To ensure that certain incidents involving a covered employee that are 
  reported to the title IX coordinator at an eligible institution of 
higher education have been reviewed by the president of the institution 
  and not less than 1 additional member of the institution's board of 
                   trustees, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 22, 2023

 Mr. Peters (for himself, Mr. Cornyn, and Ms. Stabenow) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To ensure that certain incidents involving a covered employee that are 
  reported to the title IX coordinator at an eligible institution of 
higher education have been reviewed by the president of the institution 
  and not less than 1 additional member of the institution's board of 
                   trustees, 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 ``Accountability of Leaders in 
Education to Report Title IX Investigations Act'' or the ``ALERT Act''.

SEC. 2. REVIEW OF TITLE IX INVESTIGATIONS.

    Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 
1094(a)) is amended by adding at the end the following:
            ``(30)(A) The institution will submit an annual 
        certification to the Secretary affirming that--
                    ``(i) the president of the institution (or the 
                equivalent officer) and not less than 1 additional 
                member of the institution's board of trustees (or a 
                designee of the board) have completed a comprehensive 
                review of any incident involving a covered employee 
                that was reported to the title IX coordinator at that 
                institution in the previous 12 months involving an 
                offense described in section 485(f)(8)(A)(i); and
                    ``(ii) the individuals described in clause (i) who 
                completed the comprehensive review did not interfere 
                with or influence any investigation or disposition 
                relating to the reported incident.
            ``(B) In this paragraph--
                    ``(i) the term `comprehensive review' means a 
                review that includes, at a minimum, a review of--
                            ``(I) material findings of fact relating to 
                        the incident that was reported to the title IX 
                        coordinator;
                            ``(II) the basis for any conclusions about 
                        whether a covered employee violated a policy of 
                        the institution;
                            ``(III) the disposition of any complaints 
                        arising from the reported incident, including 
                        any sanctions imposed on a covered employee; 
                        and
                            ``(IV) the supportive measures provided to 
                        the complainant;
                    ``(ii) the term `covered employee'--
                            ``(I) means--
                                    ``(aa) a full-time employee of the 
                                institution; or
                                    ``(bb) an individual who was acting 
                                as an employee of the institution, or 
                                who was paid by an entity consulting or 
                                contracting with the institution and 
                                acting on behalf of the institution, at 
                                the time of the incident that was 
                                reported to the title IX coordinator; 
                                and
                            ``(II) does not include an undergraduate 
                        student; and
                    ``(iii) the term `title IX coordinator' means an 
                employee, as described in section 106.8(a) of title 34, 
                Code of Federal Regulations (or a successor 
                regulation), designated to coordinate efforts under 
                title IX of the Education Amendments of 1972 (20 U.S.C. 
                1681 et seq.).''.
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