[Congressional Record Volume 161, Number 106 (Thursday, July 9, 2015)]
[Senate]
[Page S4974]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2196. Mrs. BOXER submitted an amendment intended to be proposed by
her to the bill S. 1177, to reauthorize the Elementary and Secondary
Education Act of 1965 to ensure that every child achieves; which was
ordered to lie on the table; as follows:
At the end, add the following:
SEC. 10202. SOS CAMPUS ACT.
(a) Short Title.--This section may be cited as the
``Survivor Outreach and Support Campus Act'' or the ``SOS
Campus Act''.
(b) Independent Advocate for Campus Sexual Assault
Prevention and Response.--Part B of title I of the Higher
Education Act of 1965 (20 U.S.C. 1011 et seq.) is amended by
adding at the end the following:
``SEC. 124. INDEPENDENT ADVOCATE FOR CAMPUS SEXUAL ASSAULT
PREVENTION AND RESPONSE.
``(a) Advocate.--
``(1) In general.--
``(A) Designation.--Each institution of higher education
that receives Federal financial assistance under title IV
shall designate an independent advocate for campus sexual
assault prevention and response (referred to in this section
as the `Advocate') who shall be appointed based on experience
and a demonstrated ability of the individual to effectively
provide sexual assault victim services.
``(B) Notification of existence of and information for the
advocate.--Each employee of an institution described in
subparagraph (A) who receives a report of sexual assault
shall notify the victim of the existence of, contact
information for, and services provided by the Advocate of the
institution.
``(C) Appointment.--Not later than 180 days after the date
of enactment of the Survivor Outreach and Support Campus Act,
the Secretary shall prescribe regulations for institutions to
follow in appointing Advocates under this section. At a
minimum, each Advocate shall--
``(i) report to an individual outside the body responsible
for investigating and adjudicating sexual assault complaints
at the institution; and
``(ii) submit to such individual an annual report
summarizing how the resources supplied to the advocate were
used, including the number of male and female sexual assault
victims assisted.
``(2) Role of the advocate.--In carrying out the
responsibilities described in this section, the Advocate
shall represent the interests of the student victim even when
in conflict with the interests of the institution. The
Advocate may not be disciplined, penalized, or otherwise
retaliated against by the institution for representing the
interest of the victim, in the event of a conflict of
interest with the institution.
``(b) Sexual Assault.--In this section, the term `sexual
assault' means penetration, no matter how slight, of the
vagina or anus with any body part or object, or oral
penetration by a sex organ of another person, without the
consent of the victim, including when the victim is incapable
of giving consent.
``(c) Responsibilities of the Advocate.--Each Advocate
shall carry out the following, regardless of whether the
victim wishes the victim's report to remain confidential:
``(1)(A) Ensure that victims of sexual assault at the
institution receive, with the victim's consent, the following
sexual assault victim's assistance services available 24
hours a day:
``(i) Information on how to report a campus sexual assault
to law enforcement.
``(ii) Emergency medical care, including follow up medical
care as requested.
``(iii) Medical forensic or evidentiary examinations.
``(B) Ensure that victims of sexual assault at the
institution receive, with the victim's consent, the following
sexual assault victim's assistance services:
``(i) Crisis intervention counseling and ongoing
counseling.
``(ii) Information on the victim's rights and referrals to
additional support services.
``(iii) Information on legal services.
``(C) The services described in subparagraphs (A) and (B)
may be provided either--
``(i) pursuant to a memorandum of understanding (that
includes transportation services), at a rape crisis center,
legal organization, or other community-based organization
located within a reasonable distance from the institution; or
``(ii) on the campus of the institution in consultation
with a rape crisis center, legal organization, or other
community-based organization.
``(D) A victim of sexual assault may not be disciplined,
penalized, or otherwise retaliated against for reporting such
assault to the Advocate.
``(2) Guide victims of sexual assault who request
assistance through the reporting, counseling, administrative,
medical and health, academic accommodations, or legal
processes of the institution or local law enforcement.
``(3) Attend, at the request of the victim of sexual
assault, any administrative or institution-based adjudication
proceeding related to such assault as an advocate for the
victim.
``(4) Maintain the privacy and confidentiality of the
victim and any witness of such sexual assault, and shall not
notify the institution or any other authority of the identity
of the victim or any such witness or the alleged
circumstances surrounding the reported sexual assault, unless
otherwise required by the applicable laws in the State where
such institution is located.
``(5) Conduct a public information campaign to inform the
students enrolled at the institution of the existence of,
contact information for, and services provided by the
Advocate, including--
``(A) posting information--
``(i) on the website of the institution;
``(ii) in student orientation materials; and
``(iii) on posters displayed in dormitories, cafeterias,
sports arenas, locker rooms, entertainment facilities, and
classrooms; and
``(B) training coaches, faculty, school administrators,
resident advisors, and other staff to provide information on
the existence of, contact information for, and services
provided by the Advocate.
``(d) Clery Act and Title IX.--Nothing in this section
shall alter or amend the rights, duties, and responsibilities
under section 485(f) or title IX of the Education Amendments
of 1972 (20 U.S.C. 1681 et seq.) (also known as the Patsy
Takemoto Mink Equal Opportunity in Education Act).''.
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