[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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