Sec. 2. Amendments to the Clery Act
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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— in paragraph (1)— by inserting and on the website of the institution after through appropriate publications or mailings ; in subparagraph (C), by striking clause
(ii)and inserting the following: the memorandum of understanding between the institution and local law enforcement that is required under section 124 (or, if such requirement has been waived, a description of the working relationship of campus security personnel with State and local law enforcement agencies); and ; and by adding at the end the following: With respect to the criminal activity described in subparagraph (F)(i)(II), the eligible institution shall prepare by not later than 1 year after the date of enactment of the Campus Accountability and Safety Act , and annually thereafter, the following additions: The number of cases that were investigated by the institution. The number of cases that were referred for a disciplinary proceeding at the institution. The number of cases that were referred to local or State law enforcement. The number of alleged perpetrators that were found responsible by the disciplinary proceeding at the institution. The number of alleged perpetrators that were found not responsible by the disciplinary proceeding at the institution. A description of the final sanctions imposed by the institution for each offense perpetrated. The number of disciplinary proceedings at the institution that have closed without resolution. The Secretary shall provide technical assistance to eligible institutions to assist in meeting such additional preparation obligations. ; by striking paragraph
(7)and inserting the following: The statistics described in clauses
(i)and
(ii)of paragraph (1)(F)— shall not identify victims of crimes or persons accused of crimes; and shall be compiled in accordance with the following definitions: 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 ( 42 U.S.C. 13925(a) ). For offenses not described in subclause (I), such statistics shall be compiled in accordance with— either the National Incident-Based Reporting System or the Uniform Crime Reporting Program of the Federal Bureau of Investigation, if a definition is available; and if an offense is not defined in either the National Incident-Based Reporting System or the Uniform Crime Reporting Program of the Federal Bureau of Investigation, a definition provided by the Secretary. The Secretary shall establish and make publicly available a definition for any offense that— is required to be reported in accordance with paragraph (1)(F); is not an offense described in subparagraph (A)(ii)(I); and is not defined in either the National Incident-Based Reporting System or the Uniform Crime Reporting Program of the Federal Bureau of Investigation. ; in paragraph (8)(B)(i)— in the matter preceding subclause (I), by inserting , developed in consultation with local, State, and national sexual assault, dating violence, domestic violence, and stalking victim advocacy, victim services, or prevention organizations, and local law enforcement, after Education programs ; and 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 victim’s wishes, cooperate with local law enforcement with respect to any alleged criminal offenses involving students or employees of the institution of higher education after stalking ; by redesignating paragraph
(18)as paragraph (22); and by inserting after paragraph
(17)the following: The individual at an institution of higher education that is designated as a responsible employee, as defined in section 901(e) of the Education Amendments of 1972, shall be considered a campus security authority, as defined in section 668.46(a) of title 34, Code of Federal Regulations. The Secretary shall, in consultation with the Attorney General, develop, design, and administer through an online portal, a standardized, online survey of students regarding their experiences with sexual violence and harassment. The survey shall be administered every year. The survey shall not include any personally identifiable information. The Secretary shall develop such survey tool using best practices from peer-reviewed research measuring sexual violence and harassment. In addition to the standardized questions developed by the Secretary, institutions completing the survey may request additional information from students that would increase the institutions’ understanding of school climate factors unique to their campuses. In carrying out subparagraph (A), the Secretary shall require each institution participating in any program under this title, to ensure that an adequate, random, and representative sample size of students enrolled at the institution complete the survey described in subparagraph
(A)not later than 1 year after the date of enactment of the Campus Accountability and Safety Act . Responses to the survey shall be submitted confidentially and shall not be included in crime statistics reported under this subsection. In addition, questions should be designed to gather information on survivor experiences, and shall therefore use trauma-informed language to prevent re-traumatization. The survey described in subparagraph
(A)shall include, but is not limited to, the following topics: Those designed to determine the incidence and prevalence of sexual violence, dating violence, domestic violence, and stalking. Those on whether students know about institutional policies and procedures. Those on, if victims reported the violence, to whom and what response did they receive and if they were informed of, or referred to, local, State, on-campus, and or national resources. Those on contextual factors, such as whether force, incapacitation, or coercion was involved. Those on whether the assailant was a student. Those on whether the victim was referred to local or State law enforcement. The Secretary shall tabulate and publish an annual report on the information gained from the survey under this paragraph on the website of the Department and submit such report to Congress. The report shall include campus-level data for each school and attributed by name of each campus. Not later than 180 days after the date of enactment of the Campus Accountability and Safety Act, the Assistant Secretary for Postsecondary Education of the Department and the Assistant Secretary for Civil Rights of the Department shall jointly develop and make publicly available guidance regarding the intersection between this subsection and title IX of the Education Amendments of 1972, in order to clarify how the provisions of this subsection and such title shall be carried out. The guidance shall include clarifying language on how this subsection and such title IX interact pertaining to sexual violence, and shall clarify and resolve any potential discrepancies or inconsistencies between the two. Notwithstanding any other provision of this Act, upon determination, after reasonable notice and opportunity for a hearing, that an eligible institution has violated or failed to carry out any provision of this subsection, or agreement made to resolve a compliance review under this subsection, or any regulation prescribed under this subsection, the Secretary may impose a civil penalty upon such institution not to exceed $150,000, which shall be adjusted for inflation annually, for each violation or misrepresentation, or per month a survey is not completed at the standard required. The Secretary may use any such civil penalty funds to enforce and administer the provisions of this subsection. .
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