Sec. 8. Campus sexual violence task force
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Not later than 180 days after the date of enactment of this Act, the Secretary of Education and the Attorney General shall create a joint interagency task force to be known as the Campus Sexual Violence Task Force that shall— provide pertinent information to the Secretary of Education, Attorney General, Congress, and the public with respect to campus sexual violence prevention, investigations, and responses, including the creation of a consistent, public complaint processes for violations of title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ) and section 485(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f) et seq.); provide guidance to institutions of higher education for establishing sexual assault prevention and response teams; develop recommendations for institutions of higher education on providing survivor resources, including healthcare, rape kits, sexual assault nurse examiners, and confidential advocates on campus; develop recommendations for best practices for responses and prevention with respect to sexual violence for educational institutions, taking into consideration an institution’s size and resources; solicit input from survivors, advocates, institutions of higher education, and other public stakeholders; review the Department of Education’s authority under section 902 of the Education Amendments of 1972 ( 20 U.S.C. 1682 ) to levy intermediate fines for noncompliance with title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ) and the advisability of additional remedies for such noncompliance, in addition to the remedies already available under Federal law; and create a plan described in subsection (c).
Notwithstanding any other provision of law, the head of an element of any Federal agency that is funded under the Violence Against Women Act of 1994 (42 U.S.C. 13925 et seq.) may detail an officer or employee of such element to the Campus Sexual Violence Task Force or to the Secretary of Education to assist the Task Force with the duties described in subsection (a), as jointly agreed to by the head of such element and the Task Force. A personnel detail made under paragraph
(1)may be made— for a period of not more than 3 years; and on a reimbursable or nonreimbursable basis. Not later than 270 days after the date of enactment of this Act, the Campus Sexual Violence Task Force shall submit to Congress a plan for recruiting, retaining, and training a highly qualified workforce employed by the Department of Education to carry out investigation of complaints alleging a violation of title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ) or section 485(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f) ), and enforcement of such title IX ( 20 U.S.C. 1681 et seq. ) or such section 485(f) ( 20 U.S.C. 1092(f) ), with respect to campus sexual violence. Such plan shall include— an assessment of the capabilities of the current workforce carrying out such investigation and enforcement; an examination of issues of recruiting, retention, and the professional development of such workforce, including the possibility of providing retention bonuses or other forms of compensation for the purpose of ensuring the Department of Education has the capacity, in both personnel and skills, needed to properly perform its mission and provide adequate oversight of educational institutions; an assessment of the benefits of outreach and training with both law enforcement agencies and institutions of higher education with respect to such workforce; developing best practices for interviewing and investigating sexual violence, including guidance on evidentiary standards for administrative responses; an examination of best practices for making institutions of higher education aware of the most effective campus sexual violence prevention, investigation, and response practices and identifying areas where more research should be conducted; and strategies for addressing such other matters as the Secretary of Education considers necessary to campus sexual violence prevention, investigation, and responses. The Campus Sexual Violence Task Force shall report to Congress on an annual basis, and make publicly available, a report of its activities and any update of the plan required under subsection
(c)( 20 U.S.C. 1092(f) ), including the number of complaints received regarding sexual violence (including violence on the basis of sexual orientation and gender identity), the number of open investigations, the average time to complete an investigation, the number of investigations initiated based on complaints, and the number of investigations initiated by the Department of Education. There are authorized to be appropriated for training, hiring, and retaining a workforce exclusively dedicated to investigation and enforcement of title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ) provisions with respect to sexual violence, for fiscal year 2015 and each of the 4 succeeding fiscal years, an amount that is equal to the sum of the amounts appropriated for such purpose for fiscal year 2014 plus $5,000,000. 485(f) of the Higher Education Act of 1965 There are authorized to be appropriated for training, hiring, and retaining a workforce exclusively dedicated to investigation and enforcement of section 485(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f) ), for fiscal year 2015 and each of the 4 succeeding fiscal years, an amount that is equal to the sum of the amounts appropriated for such purpose for fiscal year 2014 plus $5,000,000. In this section: The term educational institution includes an institution of higher education, an elementary school, or a secondary school. The terms elementary school and secondary school have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). The term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). The term sexual assault means offense that meets the definition of rape, fondling, incest, or statutory rape under— the Uniform Crime Report of the Federal Bureau of Investigation; and the proposed regulations published by the Department of Education in the Federal Register on June 20, 2014, for appendix A of subpart D of part 668, Code of Federal Regulations (79 Fed. Reg. 35461).
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- 79 FR 35461
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Sec. 8
Campus sexual violence task force
Fed. Reg.79 FR 35461
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