Sec. 2. Institutional and financial assistance information for students
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Section 485(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f) ) is amended— by striking the subsection heading and inserting ; Disclosure of campus security and harassment policy and campus crime statistics. in paragraph (6)(A)— by redesignating clauses (iii), (iv), and (v), as clauses (vii), (viii), and (ix), respectively; and by inserting after clause
(ii)the following: The term commercial mobile service has the meaning given the term in section 332(d) of the Communications Act of 1934 ( 47 U.S.C. 332(d) ). The term electronic communication means any transfer of signs, signals, writing, images, sounds, or data of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photooptical system. The term electronic messaging services has the meaning given the term in section 102 of the Communications Assistance for Law Enforcement Act ( 47 U.S.C. 1001 ). The term harassment means conduct, including acts of verbal, nonverbal, or physical aggression, intimidation, or hostility (including conduct that is undertaken in whole or in part, through the use of electronic messaging services, commercial mobile services, electronic communications, or other technology) that— is sufficiently severe, persistent, or pervasive so as to limit a student's ability to participate in or benefit from a program or activity at an institution of higher education, or to create a hostile or abusive educational environment at an institution of higher education; and is based on a student's actual or perceived— race; color; national origin; sex; disability; sexual orientation; gender identity; or religion. ; by redesignating paragraphs
(9)through
(18)as paragraphs
(10)through (19), respectively; and by inserting after paragraph
(8)the following: Each institution of higher education participating in any program under this title, other than a foreign institution of higher education, shall develop and distribute as part of the report described in paragraph
(1)a statement of policy regarding harassment, which shall include— a prohibition of harassment of enrolled students by other students, faculty, and staff— on campus; in noncampus buildings or on noncampus property; on public property; through the use of electronic mail addresses issued by the institution of higher education; through the use of computers and communication networks, including any telecommunications service, owned, operated, or contracted for use by the institution of higher education or its agents; or during an activity sponsored by the institution of higher education or carried out with the use of resources provided by the institution of higher education; a description of the institution's programs to combat harassment, which shall be aimed at the prevention of harassment; a description of the procedures that a student should follow if an incident of harassment occurs; and a description of the procedures that the institution will follow once an incident of harassment has been reported. The statement of policy described in subparagraph
(A)shall address the following areas: Procedures for timely institutional action in cases of alleged harassment, which procedures shall include a clear statement that the accuser and the accused shall be informed of the outcome of any disciplinary proceedings in response to an allegation of harassment. Possible sanctions to be imposed following the final determination of an institutional disciplinary procedure regarding harassment. Notification of existing counseling, mental health, or student services for victims or perpetrators of harassment, both on campus and in the community. Identification of a designated employee or office at the institution that will be responsible for receiving and tracking each report of harassment by a student, faculty, or staff member. .
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Sec. 2
Institutional and financial assistance information for students
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