AEG14416 S.L.C.

113TH CONGRESS
2D SESSION
S. ll
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 violence, and for other purposes.
IN THE SENATE OF THE UNITED STATES
llllllllll
Mrs. MCCASKILL (for herself, Mr. HELLER, Mr. BLUMENTHAL, Mr. GRASS-
LEY, Mrs. GILLIBRAND, Ms. AYOTTE, Mr. WARNER, and Mr. RUBIO) in-
troduced the following bill; which was read twice and referred to the Com-
mittee on llllllllll
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 violence,
and for other purposes.
Be it enacted by the Senate and House of Representa- 1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the Campus Accountability 4
and Safety Act. 5
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SEC. 2. AMENDMENTS TO THE CLERY ACT. 1
Section 485(f) of the Higher Education Act of 1965 2
(20 U.S.C. 1092(f)) (known as the Jeanne Clery Disclo- 3
sure of Campus Security Policy and Campus Crime Statis- 4
tics Act) is amended 5
(1) in paragraph (1) 6
(A) by inserting and on the website of the 7
institution after through appropriate publica- 8
tions or mailings; 9
(B) in subparagraph (C), by striking 10
clause (ii) and inserting the following: 11
(ii) the memorandum of understanding 12
between the institution and local law enforce- 13
ment that is required under section 124 (or, if 14
such requirement has been waived, a description 15
of the working relationship of campus security 16
personnel with State and local law enforcement 17
agencies); and; and 18
(C) by adding at the end the following: 19
(K)(i) With respect to the criminal activ- 20
ity described in subparagraph (F)(i)(II), the eli- 21
gible institution shall prepare by not later than 22
1 year after the date of enactment of the Cam- 23
pus Accountability and Safety Act, and annu- 24
ally thereafter, the following additions: 25
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(I) The number of cases that were 1
investigated by the institution. 2
(II) The number of cases that were 3
referred for a disciplinary proceeding at 4
the institution. 5
(III) The number of cases that were 6
referred to local or State law enforcement. 7
(IV) The number of alleged per- 8
petrators that were found responsible by 9
the disciplinary proceeding at the institu- 10
tion. 11
(V) The number of alleged perpetra- 12
tors that were found not responsible by the 13
disciplinary proceeding at the institution. 14
(VI) A description of the final sanc- 15
tions imposed by the institution for each 16
offense perpetrated. 17
(VII) The number of disciplinary 18
proceedings at the institution that have 19
closed without resolution. 20
(ii) The Secretary shall provide technical 21
assistance to eligible institutions to assist in 22
meeting such additional preparation obliga- 23
tions.; 24
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(2) by striking paragraph (7) and inserting the 1
following; 2
(7)(A) The statistics described in clauses (i) 3
and (ii) of paragraph (1)(F) 4
(i) shall not identify victims of crimes or 5
persons accused of crimes; and 6
(ii) shall be compiled in accordance with 7
the following definitions: 8
(I) For the offenses of domestic vio- 9
lence, dating violence, and stalking, such 10
statistics shall be compiled in accordance 11
with the definitions used in section 12
40002(a) of the Violence Against Women 13
Act of 1994 (42 U.S.C. 13925(a)). 14
(II) For offenses not described in 15
subclause (I), such statistics shall be com- 16
piled in accordance with 17
(aa) either the National Inci- 18
dent-Based Reporting System or the 19
Uniform Crime Reporting Program of 20
the Federal Bureau of Investigation, 21
if a definition is available; and 22
(bb) if an offense is not defined 23
in either the National Incident-Based 24
Reporting System or the Uniform 25
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Crime Reporting Program of the Fed- 1
eral Bureau of Investigation, a defini- 2
tion provided by the Secretary. 3
(B) The Secretary shall establish and make 4
publicly available a definition for any offense that 5
(i) is required to be reported in accord- 6
ance with paragraph (1)(F); 7
(ii) is not an offense described in sub- 8
paragraph (A)(ii)(I); and 9
(iii) is not defined in either the National 10
Incident-Based Reporting System or the Uni- 11
form Crime Reporting Program of the Federal 12
Bureau of Investigation.; 13
(3) in paragraph (8)(B)(i) 14
(A) in the matter preceding subclause (I), 15
by inserting , developed in consultation with 16
local, State, and national sexual assault, dating 17
violence, domestic violence, and stalking victim 18
advocacy, victim services, or prevention organi- 19
zations, and local law enforcement, after 20
Education programs; and 21
(B) in subclause (I)(aa), by inserting , in- 22
cluding the fact that these are crimes for the 23
purposes of this subsection and reporting under 24
this subsection and the institution of higher 25
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education will, based on the victims wishes, co- 1
operate with local law enforcement with respect 2
to any alleged criminal offenses involving stu- 3
dents or employees of the institution of higher 4
education after stalking; 5
(4) by redesignating paragraph (18) as para- 6
graph (22); and 7
(5) by inserting after paragraph (17) the fol- 8
lowing: 9
(18) The individual at an institution of higher 10
education that is designated as a responsible em- 11
ployee, as defined in section 901(e) of the Education 12
Amendments of 1972, shall be considered a campus 13
security authority, as defined in section 668.46(a) of 14
title 34, Code of Federal Regulations. 15
(19)(A) The Secretary shall, in consultation 16
with the Attorney General, develop, design, and ad- 17
minister through an online portal, a standardized, 18
online survey of students regarding their experiences 19
with sexual violence and harassment. The survey 20
shall be administered every year. The survey shall 21
not include any personally identifiable information. 22
The Secretary shall develop such survey tool using 23
best practices from peer-reviewed research meas- 24
uring sexual violence and harassment. In addition to 25
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the standardized questions developed by the Sec- 1
retary, institutions completing the survey may re- 2
quest additional information from students that 3
would increase the institutions understanding of 4
school climate factors unique to their campuses. 5
(B) In carrying out subparagraph (A), the 6
Secretary shall require each institution participating 7
in any program under this title, to ensure that an 8
adequate, random, and representative sample size of 9
students enrolled at the institution complete the sur- 10
vey described in subparagraph (A) not later than 1 11
year after the date of enactment of the Campus Ac- 12
countability and Safety Act. 13
(C) Responses to the survey shall be submitted 14
confidentially and shall not be included in crime sta- 15
tistics reported under this subsection. In addition, 16
questions should be designed to gather information 17
on survivor experiences, and shall therefore use trau- 18
ma-informed language to prevent re-traumatization. 19
(D) The survey described in subparagraph (A) 20
shall include, but is not limited to, the following top- 21
ics: 22
(i) Those designed to determine the inci- 23
dence and prevalence of sexual violence, dating 24
violence, domestic violence, and stalking. 25
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(ii) Those on whether students know 1
about institutional policies and procedures. 2
(iii) Those on, if victims reported the vio- 3
lence, to whom and what response did they re- 4
ceive and if they were informed of, or referred 5
to, local, State, on-campus, and or national re- 6
sources. 7
(iv) Those on contextual factors, such as 8
whether force, incapacitation, or coercion was 9
involved. 10
(v) Those on whether the assailant was a 11
student. 12
(vi) Those on whether the victim was re- 13
ferred to local or State law enforcement. 14
(E) The Secretary shall tabulate and publish 15
an annual report on the information gained from the 16
survey under this paragraph on the website of the 17
Department and submit such report to Congress. 18
The report shall include campus-level data for each 19
school and attributed by name of each campus. 20
(20) Not later than 180 days after the date of 21
enactment of the Campus Accountability and Safety 22
Act, the Assistant Secretary for Postsecondary Edu- 23
cation of the Department and the Assistant Sec- 24
retary for Civil Rights of the Department shall joint- 25
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ly develop and make publicly available guidance re- 1
garding the intersection between this subsection and 2
title IX of the Education Amendments of 1972, in 3
order to clarify how the provisions of this subsection 4
and such title shall be carried out. The guidance 5
shall include clarifying language on how this sub- 6
section and such title IX interact pertaining to sex- 7
ual violence, and shall clarify and resolve any poten- 8
tial discrepancies or inconsistencies between the two. 9
(21) Notwithstanding any other provision of 10
this Act, upon determination, after reasonable notice 11
and opportunity for a hearing, that an eligible insti- 12
tution has violated or failed to carry out any provi- 13
sion of this subsection, or agreement made to resolve 14
a compliance review under this subsection, or any 15
regulation prescribed under this subsection, the Sec- 16
retary may impose a civil penalty upon such institu- 17
tion not to exceed $150,000, which shall be adjusted 18
for inflation annually, for each violation or misrepre- 19
sentation, or per month a survey is not completed at 20
the standard required. The Secretary may use any 21
such civil penalty funds to enforce and administer 22
the provisions of this subsection.. 23
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SEC. 3. COORDINATION WITH LOCAL LAW ENFORCEMENT. 1
(a) IN GENERAL.Part B of title I of the Higher 2
Education Act of 1965 (20 U.S.C. 1011 et seq.) is amend- 3
ed by adding at the end the following: 4
SEC. 124. COORDINATION WITH LOCAL LAW ENFORCE- 5
MENT. 6
Each institution of higher education that receives 7
funds or any other form of financial assistance under any 8
Federal program, including participation in any federally 9
funded or guaranteed student loan program, shall enter 10
into, and update every 2 years, a memorandum of under- 11
standing with all applicable local law enforcement agencies 12
to clearly delineate responsibilities and share information, 13
in accordance with applicable Federal confidentiality laws, 14
about certain serious crimes that shall include, but not 15
be limited to, sexual violence, occurring against students 16
of the institution or against other individuals on the cam- 17
pus of the institution. The memorandum of understanding 18
shall include, but is not limited to 19
(1) delineation and sharing protocols of inves- 20
tigative responsibilities; 21
(2) protocols for investigations, including 22
standards for notification and communication and 23
measures to promote evidence preservation; 24
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(3) agreed upon training and requirements for 1
the institution on issues related to sexual violence; 2
and 3
(4) a method of sharing information about 4
specific crimes, when directed by the victim, and a 5
method of sharing crime details anonymously in 6
order to better protect overall campus safety.. 7
(b) EFFECTIVE DATE AND PENALTY. 8
(1) EFFECTIVE DATE.The amendment made 9
by subsection (a) shall take effect on the date that 10
is 1 year after the date of enactment of this Act. 11
(2) PENALTY.The Secretary of Education 12
(A) may impose a civil penalty of not more 13
than 1 percent of an institutions operating 14
budget, as defined by the Secretary of Edu- 15
cation, each year that the institution of higher 16
education fails to carry out the requirements of 17
section 124 of the Higher Education Act of 18
1965, as added by subsection (a), by the date 19
that is 1 year after the date of enactment of 20
this Act; and 21
(B) may waive the penalty pursuant to 22
paragraph (3). 23
(3) WAIVER. 24
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(A) IN GENERAL.If local law enforce- 1
ment refuses to enter into a memorandum of 2
understanding under section 124 of the Higher 3
Education Act of 1965, as added by subsection 4
(a), the Secretary of Education may waive the 5
penalty under paragraph (2) if the institution 6
certifies why the institution was unable to ob- 7
tain an agreement and that the institution 8
acted in good faith, and submits to the Sec- 9
retary a copy of the institutions final offer that 10
was ultimately rejected. The Secretary of Edu- 11
cation will then have the discretion to grant the 12
waiver. 13
(B) REFERRAL TO DEPARTMENT OF JUS- 14
TICE.The Secretary of Education shall refer 15
to the Attorney General a copy of each waiver 16
granted under paragraph (2)(B) and the rea- 17
son, the Secretary has determined, why local 18
law enforcement refuses to enter into a memo- 19
randum of understanding. 20
(C) ADMINISTRATIVE REVIEW.If the Sec- 21
retary of Education does not grant a waiver 22
under paragraph (2)(B), the institution may 23
submit additional information to receive such 24
waiver. If, after submitting additional informa- 25
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tion, the Secretary still does not grant a waiver 1
under paragraph (2)(B), the decision of the 2
Secretary shall be subject to review pursuant to 3
section 706(2)(A) of title 5, United States 4
Code. 5
(4) VOLUNTARY RESOLUTION.Nothing in this 6
subsection shall prevent the Secretary of Education 7
from entering into a voluntary resolution with an in- 8
stitution of higher education that fails to carry out 9
the requirements of section 124 of the Higher Edu- 10
cation Act of 1965, as added by subsection (a), by 11
the date that is 1 year after the date of enactment 12
of this Act. 13
(c) NEGOTIATED RULEMAKING.The Secretary of 14
Education shall establish regulations to carry out the this 15
section and the amendment made by this section in ac- 16
cordance with the requirements described under section 17
492 of the Higher Education Act of 1965 (20 U.S.C. 18
1098a). 19
SEC. 4. UNIVERSITY SUPPORT FOR SURVIVORS OF SEXUAL 20
VIOLENCE. 21
(a) IN GENERAL.Part B of title I of the Higher 22
Education Act of 1965 (20 U.S.C. 1011 et seq.) is further 23
amended by adding after section 124 (as added by section 24
3), the following: 25
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SEC. 125. UNIVERSITY SUPPORT FOR SURVIVORS OF SEX- 1
UAL VIOLENCE. 2
Each institution of higher education that receives 3
funds or any other form of financial assistance under any 4
Federal program, including participation in any Federally 5
funded or guaranteed student loan program, shall estab- 6
lish a campus security policy that includes the following: 7
(1) The designation of 1 or more confidential 8
advisor roles at the institution to whom victims of 9
crime can report anonymously or directly, that com- 10
plies with the following: 11
(A) The confidential advisor shall not be 12
a student, an employee designated as a respon- 13
sible employee under title IX of the Education 14
Amendments of 1972, or the title IX coordi- 15
nator, but may have other roles at the institu- 16
tion. 17
(B) The Secretary shall designate existing 18
categories of employees that may serve as con- 19
fidential advisors. Such designation shall not 20
preclude the institution from designating new 21
or existing employees or partnering with local, 22
State, or national victim services organizations 23
to serve as confidential advisors or to serve in 24
other confidential roles. 25
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(C) The confidential advisor shall be 1
trained to perform a victim-centered, trauma- 2
informed (forensic) interview, which shall focus 3
on the experience of the victim. The confidential 4
advisor may perform the interview for which the 5
goal is to elicit information about the traumatic 6
event in question so that the interview can be 7
used in either a campus or criminal investiga- 8
tion or disciplinary proceeding. 9
(D) The confidential advisor shall inform 10
the victim of the victims control over possible 11
next steps regarding the victims reporting op- 12
tions and the consequences of those options, in- 13
cluding, but not limited to, the option to con- 14
duct a forensic interview with the option to 15
have the forensic interview be recorded, the op- 16
tion to receive a copy of the recorded forensic 17
interview with the option to notify a responsible 18
employee and initiate a campus disciplinary 19
proceeding, the option to notify local law en- 20
forcement and initiate a criminal investigation, 21
the option to grant campus disciplinary officials 22
access to the forensic interview, and the option 23
to grant law enforcement officials access to the 24
forensic interview. The confidential advisor shall 25
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assist in conducting a forensic interview, mak- 1
ing notifications, and granting access to a fo- 2
rensic interview as directed by the victim. 3
(E) The confidential advisor shall liaise 4
with campus or local law enforcement when di- 5
rected by the victim, and, as appropriate, may 6
assist the victim in contacting and reporting to 7
campus or local law enforcement. 8
(F) The confidential advisor shall be au- 9
thorized by the institution to arrange reason- 10
able accommodations through the institution to 11
allow the victim to change living arrangements 12
or class schedules, or obtain accessibility serv- 13
ices, and make other changes. 14
(G) The confidential advisor shall also ad- 15
vise the victim of both the victims rights and 16
the institutions responsibilities regarding or- 17
ders of protection, no contact orders, restrain- 18
ing orders, or similar lawful orders issued by 19
the institution or a criminal, civil, or tribal 20
court. 21
(H) The confidential advisor shall not be 22
obligated to report crimes to the institution or 23
law enforcement, unless otherwise required to 24
do so by State law, and shall provide confiden- 25
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tial services to students and employees. Re- 1
quests for arrangement made by a confidential 2
advisor do not constitute notice to a responsible 3
employee for title IX purposes, even when such 4
advisors work only in the area of sexual assault. 5
(I) The name and contact information for 6
the confidential advisor, as well as a victims re- 7
porting options, the process of investigation and 8
adjudication both by the institution and by law 9
enforcement, and potential reasonable accom- 10
modations, which shall be listed on the website 11
of the institution. 12
(J) The institution may partner with an 13
outside victim advocacy organization to provide 14
the service described in this subparagraph. 15
(K) Each institution that enrolls fewer 16
than 1000 students may partner with another 17
institution in their region or State to provide 18
the services described in this subparagraph. 19
(L) The institution shall appoint an ade- 20
quate number of confidential advisors not later 21
than the earlier of 22
(i) 1 year after the Secretary deter- 23
mines through a negotiated rulemaking 24
process what an adequate number of con- 25
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fidential advisors is for an institution 1
based on its size; or 2
(ii) 3 years after the date of enact- 3
ment of the Campus Accountability and 4
Safety Act. 5
(2) The institution may provide an online re- 6
porting system to collect anonymous disclosures of 7
crimes. The victim may submit an anonymous report 8
but the institution would only be obligated to inves- 9
tigate when a formal report is submitted to a re- 10
sponsible employee. 11
(3) The telephone number and URL for a 12
local, State, or national hotline providing informa- 13
tion to sexual violence victims shall be clearly com- 14
municated on the website of the institution and up- 15
dated on a timely basis. 16
(4) The name and location of the nearest med- 17
ical facility where an individual may have a rape kit 18
administered by a trained sexual violence forensic 19
nurse shall be included on the website of the institu- 20
tion, including information on transportation options 21
and reimbursement for a visit to such facility. 22
(5) The institution shall provide an amnesty 23
clause for any student who reports, in good faith, 24
sexual violence to a responsible employee so that 25
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they will not be sanctioned by the institution for a 1
student conduct violation, such as underage drink- 2
ing, that is revealed in the course of such a report.. 3
(b) EFFECTIVE DATE.Paragraphs (2) through (5) 4
of section 125 of the Higher Education Act of 1965, as 5
added by subsection (a), shall take effect on the date that 6
is 1 year after the date of enactment of this Act. 7
(c) PENALTY. 8
(1) IN GENERAL.The Secretary of Education 9
may impose a civil penalty of not more than 1 per- 10
cent of an institutions operating budget, as defined 11
by the Secretary, each year that the institution fails 12
to carry out the requirements of 13
(A) section 125(1) of the Higher Edu- 14
cation Act of 1965, as added by subsection (a), 15
by not later than the earlier of 16
(i) 1 year after the Secretary of Edu- 17
cation determines through a negotiated 18
rulemaking process what an adequate 19
number of confidential advisors is for the 20
institution based on its size; or 21
(ii) 3 years after the date of enact- 22
ment of this Act; and 23
(B) paragraphs (2) through (5) of section 24
125 of the Higher Education Act of 1965, as 25
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added by subsection (a), by the date that is 1 1
year after the date of enactment of this Act. 2
(2) VOLUNTARY RESOLUTION.Nothing in this 3
subsection shall prevent the Secretary of Education 4
from entering into a voluntary resolution with an in- 5
stitution of higher education that fails to carry out 6
the requirements of 7
(A) section 125(1) of the Higher Edu- 8
cation Act of 1965, as added by subsection (a), 9
by not later than the earlier of 10
(i) 1 year after the Secretary of Edu- 11
cation determines through a negotiated 12
rulemaking process what an adequate 13
number of confidential advisors is for the 14
institution based on its size; or 15
(ii) 3 years after the date of enact- 16
ment of this Act; and 17
(B) paragraphs (2) through (5) of section 18
125 of the Higher Education Act of 1965, as 19
added by subsection (a), by the date that is 1 20
year after the date of enactment of this Act. 21
(d) NEGOTIATED RULEMAKING.The Secretary of 22
Education shall establish regulations to carry out the this 23
section and the amendment made by this section in ac- 24
cordance with the requirements described under section 25
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492 of the Higher Education Act of 1965 (20 U.S.C. 1
1098a). 2
SEC. 5. PROGRAM PARTICIPATION AGREEMENTS. 3
Section 487(a) of the Higher Education Act of 1965 4
(20 U.S.C. 1094(a)) is amended by striking paragraph 5
(12) and inserting the following: 6
(12) The institution certifies that 7
(A) the institution is in compliance with 8
the requirements of section 124 regarding co- 9
ordination with local law enforcement; 10
(B) the institution has established sup- 11
port for survivors of sexual violence that meets 12
the requirements of section 125; and 13
(C) the institution has complied with the 14
disclosure requirements of section 485(f).. 15
SEC. 6. ENFORCEMENT AND TRAINING; SUBPOENA AU- 16
THORITY. 17
Section 901 of the Education Amendments of 1972 18
(20 U.S.C. 1681) is amended by adding at the end the 19
following: 20
(d) WEBSITE.The Secretary of Education shall 21
establish a title IX website that includes the following: 22
(1) The name and contact information for the 23
title IX coordinator, including a brief description of 24
the coordinators role and the roles of other officials 25
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who may be contacted to discuss or report sexual 1
harassment, for each educational institution. Each 2
educational institution shall provide the name and 3
contact information for the title IX coordinator to 4
the Secretary of Education not later than 30 days 5
after the date of enactment of the Campus Account- 6
ability and Safety Act. 7
(2) The Departments pending investigations, 8
enforcement actions, letters of finding, final resolu- 9
tions, and voluntary resolution agreements for all 10
complaints and compliance reviews under this title 11
related to sexual harassment. The Secretary shall in- 12
dicate whether the investigation, action, letter, reso- 13
lution, or agreement is based on a complaint or com- 14
pliance review. The Secretary shall make the infor- 15
mation under this subsection available regarding a 16
complaint once the Office for Civil Rights receives a 17
written complaint, and conducts an initial evalua- 18
tion, and has determined that the complaint should 19
be opened for investigation of an allegation that, if 20
substantiated, would constitute a violation of this 21
title. In carrying out this subsection, the Secretary 22
shall ensure that personally identifiable information 23
is not reported and shall comply with section 444 of 24
the General Education Provisions Act (20 U.S.C. 25
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1232g), commonly known as the Family Edu- 1
cational Rights and Privacy Act of 1974. 2
(e) TRAINING OF RESPONSIBLE EMPLOYEES AND 3
OTHER EMPLOYEES. 4
(1) RESPONSIBLE EMPLOYEE.In this sub- 5
section, the term responsible employee means an 6
employee of an institution of higher education who 7
has the authority to redress sexual harassment or 8
who has the duty to report incidents of sexual har- 9
assment or other misconduct by students or employ- 10
ees to the title IX coordinator or other appropriate 11
school designee. 12
(2) TRAINING OF RESPONSIBLE EMPLOY- 13
EES.Each institution of higher education shall em- 14
ploy a responsible employee who shall complete min- 15
imum training requirements (as determined by the 16
Secretary of Education in coordination with the At- 17
torney General and to include training by local, 18
State, or national victim services organizations) and 19
shall be responsible for 20
(A) reporting cases of sexual harassment 21
to the title IX coordinator of the institution; 22
and 23
(B) providing a student or employee who 24
reports that the student or employee has been 25
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a victim of sexual harassment, including, but 1
not limited to, sexual violence, whether the of- 2
fense occurred on or off campus, with a written 3
explanation of the student or employees rights 4
and options, as described in clauses (ii) through 5
(vii) of section 485(f)(8)(B) of the Higher Edu- 6
cation Act of 1965. 7
(3) OTHER/ADDITIONAL TRAINING.Each in- 8
dividual who is involved in implementing an institu- 9
tion of higher educations grievance procedures, in- 10
cluding each individual who is responsible for resolv- 11
ing complaints of reported crimes, shall have train- 12
ing or experience in handling sexual violence com- 13
plaints, and the operations of the institutions griev- 14
ance procedures, not later than 1 year after the date 15
of enactment of the Campus Accountability and 16
Safety Act. The training shall include, but is not 17
limited to 18
(A) information on working with and 19
interviewing persons subjected to sexual vio- 20
lence; 21
(B) information on particular types of 22
conduct that would constitute sexual violence, 23
including same-sex sexual violence; 24
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(C) information on consent and the role 1
drugs or alcohol can play in the ability to con- 2
sent; 3
(D) the effects of trauma, including 4
neurobiological change; and 5
(E) cultural awareness training regarding 6
how sexual violence may impact students dif- 7
ferently depending on their cultural back- 8
ground. 9
(4) UNIFORM CAMPUS-WIDE PROCESS FOR 10
DISCIPLINARY PROCEEDING RELATING TO CLAIM OF 11
SEXUAL VIOLENCE.Each institution of higher edu- 12
cation that receives Federal funding 13
(A) shall establish and carry out a uni- 14
form process (for each campus of the institu- 15
tion) for disciplinary proceedings relating to 16
any claims of sexual violence; and 17
(B) shall not carry out a different dis- 18
ciplinary process on the same campus for a 19
matter of sexual violence, or alter the uniform 20
process described in subparagraph (A), based 21
on the status or characteristics of a student 22
who will be involved in that disciplinary pro- 23
ceeding, including characteristics such as a stu- 24
dents membership on an athletic team, aca- 25
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demic major, or any other characteristic or sta- 1
tus of a student. 2
(f) DEPARTMENT OF EDUCATION AND DEPART- 3
MENT OF JUSTICE CIVIL PENALTIES FOR INSTITUTIONS 4
OF HIGHER EDUCATION. 5
(1) IN GENERAL.Upon determination, after 6
reasonable notice and opportunity for a hearing, that 7
an educational institution that is an institution of 8
higher education has violated or failed to carry out 9
any provision of this section in a factual cir- 10
cumstance related to sexual violence or any regula- 11
tion prescribed under this section related to sexual 12
violence, the Secretary of Education or Attorney 13
General, may impose a civil penalty upon such insti- 14
tution of not more than 1 percent of the institutions 15
1-year operating budget, as defined by the Secretary 16
of Education, for each violation or failure. A civil 17
penalty shall not interfere with the Secretarys or 18
Attorney Generals ability to enter into a voluntary 19
resolution agreement with an institution of higher 20
education. 21
(2) ADJUSTMENT TO PENALTIES.Any civil 22
penalty under paragraph (1) may be modified by the 23
Secretary of Education or Attorney General. In de- 24
termining the amount of such penalty, or the 25
27
AEG14416 S.L.C.
amount agreed upon in compromise, the appro- 1
priateness of the penalty to the size of the operating 2
budget of the educational institution subject to the 3
determination, and the gravity of the violation or 4
failure, and whether the violation or failure was done 5
intentionally, negligently, or otherwise, shall be con- 6
sidered. 7
(3) DISTRIBUTION.Any civil monetary pen- 8
alty or monetary settlement collected under this sub- 9
section shall be transferred to the Office for Civil 10
Rights of the Department of Education or the De- 11
partment of Justice to be used for purposes of en- 12
forcing the provisions of this title related to sexual 13
harassment. 14
(4) CLARIFICATION.Nothing in the Campus 15
Accountability and Safety Act, or any amendment 16
made by such Act, shall alter, amend, or interfere 17
with the rights and remedies provided for and avail- 18
able under this title. 19
(g) STATUTE OF LIMITATIONS.An individual may 20
file a complaint for a violation of this title, with regards 21
to sexual violence, with the Office for Civil Rights of the 22
Department of Education not later than 180 days after 23
the date of graduation or disaffiliation with the institution. 24
28
AEG14416 S.L.C.
(h) SUBPOENA AND CIVIL INVESTIGATIVE DEMAND 1
AUTHORITY. 2
(1) AUTHORITY TO COMPEL.In order to ob- 3
tain information and documents that are relevant to 4
determining compliance with this title, including any 5
regulations promulgated to carry out this title, the 6
Assistant Secretary of the Office for Civil Rights of 7
the Department of Education and the Assistant At- 8
torney General of the Civil Rights Division of the 9
Department of Justice are authorized to require by 10
subpoena the attendance and testimony of any per- 11
son that one can reasonably believe to have first- 12
hand knowledge, including current and former stu- 13
dents and employees of institutions of higher edu- 14
cation, and the production of documents, including 15
reports, answers, records, accounts, papers, and 16
other data in any medium (including electronically 17
stored information), and any tangible thing. 18
(2) REFUSAL TO OBEY.A subpoena issued 19
under this subsection, in the case of contumacy or 20
refusal to obey, shall be enforceable by order of any 21
appropriate United States district court. 22
(3) CIVIL INVESTIGATIVE DEMAND AUTHOR- 23
ITY.The Assistant Secretary of the Office for Civil 24
Rights of the Department of Education and the As- 25
29
AEG14416 S.L.C.
sistant Attorney General of the Civil Rights Division 1
of the Department of Justice shall have civil inves- 2
tigative demand authority, which authorizes the re- 3
quest for documents of the institutions and written 4
answers to interrogatories in order to determine 5
compliance with title IX. 6
(i) COORDINATOR.Each educational institution 7
that receives Federal financial assistance from the Depart- 8
ment of Education shall submit, annually, to the Office 9
for Civil Rights of the Department of Education and the 10
Civil Rights Division of the Department of Justice, the 11
name of the title IX coordinator of the institution, includ- 12
ing a brief description of the coordinators role and the 13
roles of other officials of the institution who may be con- 14
tacted to discuss or report sexual violence, and documenta- 15
tion of training received by the title IX coordinator. The 16
educational institution shall provide updated information 17
to the Office for Civil Rights of the Department of Edu- 18
cation and the Civil Rights Division of the Department 19
of Justice not later than 30 days after the date of any 20
change.. 21
30
AEG14416 S.L.C.
SEC. 7. TRAINING FOR CAMPUS PERSONNEL ON VICTIM- 1
CENTERED TRAUMA-INFORMED (FORENSIC) 2
INTERVIEWS. 3
Section 304 of the Violence Against Women and De- 4
partment of Justice Reauthorization Act of 2005 (42 5
U.S.C. 14045b) is amended 6
(1) in subsection (a)(2), by striking $300,000 7
and inserting $500,000; 8
(2) in subsection (b), by adding at the end the 9
following; 10
(11) To train campus personnel in conducting 11
victim-centered, trauma-informed (forensic) inter- 12
views.; and 13
(3) in subsection (g) 14
(A) by striking In this section and in- 15
serting (1) IN GENERAL.In this section; 16
and 17
(B) by adding at the end the following; 18
(2) VICTIM-CENTERED, TRAUMA-INFORMED 19
(FORENSIC) INTERVIEW.In this section, the term 20
victim-centered, trauma-informed (forensic) inter- 21
view means an evidence-based interview focused on 22
the experience of the victim, conducted by a trained 23
forensic interviewer, in which the goal of the inter- 24
view is to elicit information about the traumatic 25
event in question for use in a future investigation. 26
31
AEG14416 S.L.C.
The victim shall be given the option to have the 1
interview recorded and to receive a copy of the re- 2
corded interview. The victim shall be informed of the 3
reasons why the victim may or may not choose to 4
have the interview recorded.. 5