Sec. 4. University support for survivors of sexual violence
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Part B of title I of the Higher Education Act of 1965 ( 20 U.S.C. 1011 et seq. ) is further amended by adding after section 124 (as added by section 3), the following: Each institution of higher education that receives funds or any other form of financial assistance under any Federal program, including participation in any federally funded or guaranteed student loan program, shall establish a campus security policy that includes the following: The designation of 1 or more confidential advisor roles at the institution to whom victims of crime can report anonymously or directly, that complies with the following:
The confidential advisor shall not be a student, an employee designated as a responsible employee under title IX of the Education Amendments of 1972, or the title IX coordinator, but may have other roles at the institution. The Secretary shall designate existing categories of employees that may serve as confidential advisors. Such designation shall not preclude the institution from designating new or existing employees or partnering with local, State, or national victim services organizations to serve as confidential advisors or to serve in other confidential roles.
The confidential advisor shall be trained to perform a victim-centered, trauma-informed (forensic) interview, which shall focus on the experience of the victim. The confidential advisor may perform the interview for which the goal is to elicit information about the traumatic event in question so that the interview can be used in either a campus or criminal investigation or disciplinary proceeding. The confidential advisor shall inform the victim of the victim's control over possible next steps regarding the victim's reporting options and the consequences of those options, including, but not limited to, the option to conduct a forensic interview with the option to have the forensic interview be recorded, the option to receive a copy of the recorded forensic interview with the option to notify a responsible employee and initiate a campus disciplinary proceeding, the option to notify local law enforcement and initiate a criminal investigation, the option to grant campus disciplinary officials access to the forensic interview, and the option to grant law enforcement officials access to the forensic interview.
The confidential advisor shall assist in conducting a forensic interview, making notifications, and granting access to a forensic interview as directed by the victim. The confidential advisor shall liaise with campus or local law enforcement when directed by the victim, and, as appropriate, may assist the victim in contacting and reporting to campus or local law enforcement. The confidential advisor shall be authorized by the institution to arrange reasonable accommodations through the institution to allow the victim to change living arrangements or class schedules, or obtain accessibility services, and make other changes.
The confidential advisor shall also advise the victim of both the victim’s rights and the institution’s responsibilities regarding orders of protection, no contact orders, restraining orders, or similar lawful orders issued by the institution or a criminal, civil, or tribal court. The confidential advisor shall not be obligated to report crimes to the institution or law enforcement, unless otherwise required to do so by State law, and shall provide confidential services to students and employees.
Requests for arrangement made by a confidential advisor do not constitute notice to a responsible employee for title IX purposes, even when such advisors work only in the area of sexual assault. The name and contact information for the confidential advisor, as well as a victims’ reporting options, the process of investigation and adjudication both by the institution and by law enforcement, and potential reasonable accommodations, which shall be listed on the website of the institution.
The institution may partner with an outside victim advocacy organization to provide the service described in this subparagraph. Each institution that enrolls fewer than 1,000 students may partner with another institution in their region or State to provide the services described in this subparagraph. The institution shall appoint an adequate number of confidential advisors not later than the earlier of— 1 year after the Secretary determines through a negotiated rulemaking process what an adequate number of confidential advisors is for an institution based on its size; or 3 years after the date of enactment of the Campus Accountability and Safety Act.
The institution may provide an online reporting system to collect anonymous disclosures of crimes. The victim may submit an anonymous report but the institution would only be obligated to investigate when a formal report is submitted to a responsible employee. The telephone number and URL for a local, State, or national hotline providing information to sexual violence victims shall be clearly communicated on the website of the institution and updated on a timely basis. The name and location of the nearest medical facility where an individual may have a rape kit administered by a trained sexual violence forensic nurse shall be included on the website of the institution, including information on transportation options and reimbursement for a visit to such facility.
The institution shall provide an amnesty clause for any student who reports, in good faith, sexual violence to a responsible employee so that they will not be sanctioned by the institution for a student conduct violation, such as underage drinking, that is revealed in the course of such a report. . Paragraphs
(2)through
(5)of section 125 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. The Secretary of Education may impose a civil penalty of not more than 1 percent of an institution's operating budget, as defined by the Secretary, each year that the institution fails to carry out the requirements of— section 125(1) of the Higher Education Act of 1965, as added by subsection (a), by not later than the earlier of— 1 year after the Secretary of Education determines through a negotiated rulemaking process what an adequate number of confidential advisors is for the institution based on its size; or 3 years after the date of enactment of this Act; and paragraphs
(2)through
(5)of section 125 of the Higher Education Act of 1965, as added by subsection (a), by the date that is 1 year after the date of enactment of this Act. Nothing in this subsection shall prevent the Secretary of Education from entering into a voluntary resolution with an institution of higher education that fails to carry out the requirements of— section 125(1) of the Higher Education Act of 1965, as added by subsection (a), by not later than the earlier of— 1 year after the Secretary of Education determines through a negotiated rulemaking process what an adequate number of confidential advisors is for the institution based on its size; or 3 years after the date of enactment of this Act; and paragraphs
(2)through
(5)of section 125 of the Higher Education Act of 1965, as added by subsection (a), by the date that is 1 year after the date of enactment of this Act. The Secretary of Education shall establish regulations to carry out the 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).
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