[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4962 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4962
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
August 1, 2024
Mrs. Gillibrand (for herself, Mr. Grassley, Mr. Reed, Mrs. Capito, Ms.
Klobuchar, Mr. Rubio, Mr. Warner, and Ms. Ernst) 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 and
available in different languages, to be prominently
displayed on the website of the institution,'' after
``through appropriate publications or mailings,'';
(B) in subparagraph (C)--
(i) 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''; and
(ii) by moving the margins of clauses (i)
and (iii) 2 ems to the left;
(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 and employee 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 paragraph
(20)(B), and shall include a
description of such requirements;'';
and
(iii) in subclause (IV), as redesignated by
clause (i), in item (bb), by inserting
``simultaneously with the notification of the
outcome described in item (aa),'' before ``the
institution's''.
SEC. 3. TRANSPARENCY.
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''), as amended by this Act, is
further amended by adding at the end the following:
``(19) The Secretary shall ensure there is a publicly
available, searchable, accessible, and user-friendly campus
safety website that includes the following:
``(A) A brief description of the role of the title
IX coordinator for each institution of higher education
receiving funds under this Act and the roles of other
officials who may be contacted to discuss or report
sexual harassment.
``(B) A brief description of the role of the sexual
and interpersonal violence specialist and the name and
contact information of the specialist for each
institution of higher education receiving funds under
this Act.
``(C) The Department's pending investigations,
enforcement actions, letters of finding, final
resolutions, and voluntary resolution agreements for
all media audits, complaints, and compliance reviews
under this subsection 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 subparagraph 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 this subsection. In
carrying out this subparagraph, 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'.
``(D) The download of data that institutions of
higher education subject to this subsection are
required to report under this Act.
``(E) 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 this subsection.
``(F) 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 this subsection. This information shall
include--
``(i) 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;
``(ii) potential outcomes of an
investigation; and
``(iii) the expected timeframe for
resolution of an investigation and any
circumstance that may change such timeframe.''.
SEC. 4. UNIVERSITY SUPPORT FOR SURVIVORS OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, SEXUAL HARASSMENT, AND
STALKING.
(a) In General.--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''), as amended by this
Act, is further amended by adding at the end the following:
``(20) University support for survivors of domestic
violence, dating violence, sexual assault, sexual harassment,
and stalking.--
``(A) Victim-centered, trauma-informed interview
techniques.--In this paragraph, 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:
``(i) Sexual and interpersonal violence
specialists.--The designation of one or more
sexual and interpersonal violence specialists
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:
``(I) The sexual and interpersonal
violence specialist--
``(aa) shall not be an
undergraduate student, a full-
time graduate student, an
employee designated as a higher
education responsible employee,
any individual designated with
responsibilities as a campus
security authority, or the
title IX coordinator;
``(bb) may have other roles
at the institution;
``(cc) 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));
``(dd) 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;
``(ee) shall not serve as
an advisor under paragraph
(8)(B)(iv)(III); and
``(ff) shall not be
required to report allegations
as a campus security authority
under this subsection.
``(II) The Secretary shall
designate categories of employees that
may serve as sexual and interpersonal
violence specialists, 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 specialists or
to serve in other confidential roles.
``(III) The sexual and
interpersonal violence specialist shall
complete the training requirements
described in clause (v) and subclause
(IV) within a reasonable time after
being designated as a sexual and
interpersonal violence specialist.
``(IV) The Secretary shall develop
online training materials, in addition
to the training required under clause
(v), 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 specialists.
``(V) The sexual and interpersonal
violence specialist shall inform the
complainant in a victim-centered,
trauma-informed manner, including in a
written format--
``(aa) of the complainant's
rights under Federal and State
law;
``(bb) 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 paragraph
(8)(B);
``(cc) 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;
``(dd) a description of the
process of investigation and
any disciplinary proceeding of
the institution that may follow
notification of a higher
education responsible employee;
``(ee) a description of the
process of civil investigation
and adjudication of the
criminal justice system that
may follow notification of law
enforcement;
``(ff) a description of the
jurisdiction, scope, and
possible sanctions of the
student and employee
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;
``(gg) 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;
``(hh) any limitations on
the ability of the sexual and
interpersonal violence
specialist to provide privacy
or confidentiality to the
complainant under the policies
of the institution of higher
education, Federal law, or
State law;
``(ii) 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; and
``(jj) the potential risk
of re-traumatization in
repeating the events of a
reported crime and available
campus resources for related
support services.
``(VI) The sexual and interpersonal
violence specialist may, as
appropriate--
``(aa) serve as a liaison
between a complainant and a
higher education responsible
employee or law enforcement,
provided the sexual and
interpersonal violence
specialist has obtained written
consent from the complainant
who has been fully and
accurately informed about what
procedures shall occur if
information is shared; and
``(bb) assist a complainant
in contacting and reporting to
a higher education responsible
employee or law enforcement.
``(VII) The sexual and
interpersonal violence specialist 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 or academic arrangements or
class schedules, obtain accessibility
services (including transportation and
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.
``(VIII) The sexual and
interpersonal violence specialist shall
not be obligated to identify a
complainant or respondent, unless
otherwise required to do so by State or
local law. The sexual and interpersonal
violence specialist shall, to the
extent authorized under State law,
provide confidential services.
``(IX) The institution shall
designate as a sexual and interpersonal
violence specialist 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 subclause (I)(cc), such as
a community-based rape crisis center or
other community-based sexual assault
service provider, to provide the
services described in this clause.
``(X) The sexual and interpersonal
violence specialist shall collect and
report anonymized statistics, on an
annual basis, unless prohibited by
State law. The sexual and interpersonal
violence specialist 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 subclause (VII), made by a
sexual and interpersonal violence
specialist shall not trigger an
investigation by the institution, even
if the sexual and interpersonal
violence specialist deals only with
matters relating to domestic violence,
dating violence, sexual assault, sexual
harassment, and stalking.
``(XI) The institution shall
appoint an adequate number of sexual
and interpersonal violence specialists
not later than the earlier of--
``(aa) 1 year after the
Secretary determines through a
negotiated rulemaking process
what an adequate number of
sexual and interpersonal
violence specialists is for an
institution based on its size;
or
``(bb) 3 years after the
date of enactment of the Campus
Accountability and Safety Act.
``(XII) As part of the negotiated
rulemaking process described in
subclause (XI)(aa), 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 clause while
ensuring that students continue to have
adequate access to the services and
support provided by a sexual and
interpersonal violence specialist.
``(XIII) 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 specialist.
``(XIV) 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
specialist of the institution.
``(ii) Information on the institution's
website.--The institution shall list on its
website--
``(I) the name and contact
information for the sexual and
interpersonal violence specialist;
``(II) reporting options, including
confidential options, for complainants
of domestic violence, dating violence,
sexual assault, sexual harassment, or
stalking;
``(III) the process of
investigation and disciplinary
proceedings of the institution;
``(IV) the process of investigation
and adjudication of the criminal
justice system;
``(V) potential reasonable
accommodations that the institution may
provide to a complainant, as described
in clause (i)(VII);
``(VI) 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);
``(VII) the name and location of
the nearest medical facility where an
individual may have a medical forensic
examination administered by a trained
sexual assault medical professional,
including information on transportation
options and available reimbursement for
a visit to such facility;
``(VIII) the institution's amnesty
and retaliation policies; and
``(IX) 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.
``(iii) 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 specialist and any
other appropriate on- or off-campus resource.
``(iv) Amnesty policy.--
``(I) In general.--The institution
may, to the extent practicable, 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--
``(aa) physical violence or
assault as a defense against
domestic violence, dating
violence, sexual assault,
sexual harassment, or stalking;
or
``(bb) 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.
``(II) Good faith.--A determination
of whether a report is made in good
faith--
``(aa) shall be made in
accordance with regulations
established by the Secretary
through a negotiated rulemaking
process; and
``(bb) 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.
``(III) No preemption.--The
requirement under subclause (I) 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.
``(IV) Provision of information.--
The institution shall provide
information about the amnesty policy of
the institution on the website of the
institution.
``(v) Training.--
``(I) 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 an
evidence-informed training program,
which may include online training
modules, for training--
``(aa) 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
``(bb) 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.
``(II) Contents.--Such training
shall include--
``(aa) information on
working with and interviewing
persons subjected to domestic
violence, dating violence,
sexual assault, sexual
harassment, or stalking that
utilizes victim-centered,
trauma-informed interview
techniques;
``(bb) 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;
``(cc) 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;
``(dd) the effects of
trauma, including the
neurobiology of trauma;
``(ee) cultural specific
and responsiveness training
regarding how domestic
violence, dating violence,
sexual assault, sexual
harassment, and stalking may
impact students of underserved
communities differently
depending on their cultural
background; and
``(ff) information on
sexual assault dynamics, sexual
assault perpetrator behavior,
and barriers to reporting.
``(III) Institutional training.--
Each institution of higher education
shall ensure that the individuals and
employees described in subclause (I)
receive the training described in this
clause 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
subclause (I).
``(vi) 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--
``(I) 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;
``(II) 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 subclause
(I), 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
``(III) may not, as a condition of
student participation in a disciplinary
proceeding--
``(aa) automatically notify
a law enforcement agency of--
``(AA) a receipt of
a report of domestic
violence, dating
violence, sexual
assault, sexual
harassment, or
stalking; or
``(BB) the
initiation of a campus
disciplinary
proceeding; or
``(bb) require cooperation
with a law enforcement agency.
``(vii) Information about the title ix
coordinator and sexual and interpersonal
violence specialist.--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 and the sexual and
interpersonal violence specialist, including a
brief description of the role of the
coordinator and specialist 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 and the sexual and
interpersonal violence specialist. 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. The Secretary shall make the
information described in this clause publicly
available.
``(viii) 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:
``(I) 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.
``(II) A description of the process
for the disciplinary proceeding,
including the estimated timeline from
initiation to final disposition.
``(III) A description of the rights
and protections available to the
complainant and respondent, including
those described in paragraph (8)(B)(iv)
and any other rights or protections
that the complainant and respondent may
have under the institution's policies.
``(IV) A copy of the institution's
applicable policies, and, if available,
related published informational
materials.
``(C) Penalties.--
``(i) Penalty relating to sexual and
interpersonal violence specialists.--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 this paragraph
following the effective date described in
section 4(b)(1) of the Campus Accountability
and Safety Act.
``(ii) 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 this paragraph following the
effective date described in section 4(b)(2) of
the Campus Accountability and Safety Act.
``(iii) Voluntary resolution.--
Notwithstanding any other provision of this
paragraph, the Secretary may enter into a
voluntary resolution with an institution of
higher education that is subject to a penalty
under this subparagraph.
``(iv) Adjustment to penalties.--Any civil
penalty under this subparagraph 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 specialist.--Clause
(i) of section 487(f)(20)(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
specialists 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.--Clauses (ii) through (viii) of
section 487(f)(20)(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. GRANTS TO COMBAT VIOLENT CRIMES ON CAMPUS.
Section 304 of the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (34 U.S.C. 20125) is amended--
(1) in subsection (a)(1), by inserting ``sexual
harassment,'' after ``sexual assault,'';
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``sexual
harassment,'' after ``sexual assault,'';
(B) in paragraph (2). by inserting ``sexual
harassment,'' after ``sexual assault,'';
(C) in paragraph (3), in the first sentence, by
inserting ``sexual harassment,'' after ``sexual
assault,'';
(D) in paragraph (4), in the first sentence, by
inserting ``sexual harassment,'' after ``sexual
assault,'';
(E) in paragraph (6), by inserting ``sexual
harassment,'' after ``sexual assault,'';
(F) in paragraph (7), by inserting ``sexual
harassment,'' after ``sexual assault,'';
(G) in paragraph (8), by inserting ``sexual
harassment,'' after ``sexual assault,'';
(H) in paragraph (9), by inserting ``sexual
harassment, sexual assault,'' after ``sexual
violence,'';
(I) in paragraph (10), by inserting ``sexual
harassment,'' after ``sexual assault,'';
(J) in paragraph (11), by inserting ``sexual
harassment,'' after ``sexual assault,''; and
(K) in paragraph (12), in the first sentence, by
inserting ``sexual harassment,'' after ``sexual
assault,'';
(3) in subsection (c)(2)(B), by inserting ``sexual
harassment'' after ``sexual assault,''; and
(4) in subsection (d)(3)--
(A) in subparagraph (B), by inserting ``sexual
harassment,'' after ``sexual assault,'';
(B) in subparagraph (C), by inserting ``sexual
harassment,'' after ``sexual assault,''; and
(C) in subparagraph (D), by inserting ``sexual
harassment,'' after ``sexual assault,''.
SEC. 6. GAO REPORT.
The Comptroller General of the United States shall--
(1) conduct a study on the effectiveness and efficiency of
the grants to combat domestic violence, dating violence, sexual
assault, sexual harassment, and stalking on campuses under
section 304 of the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (34 U.S.C. 20125); 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 the Workforce
of the House of Representatives.
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