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 which shall include publication on the website of the institution and publication or mailings 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 for the annual security report that is due following 1 year after the date of enactment of the Campus Accountability and Safety Act , and annually thereafter, the following additions: The number of such incidents that were reported to the title IX coordinator (as defined in section 125(a)) or other higher education responsible employee (as defined in section 125(a)) of the institution. Of those incidents in subclause (I), the number of victims who sought campus disciplinary action at the institution. Of those victims in subclause (II), the number of cases processed through the student disciplinary process of the institution. Of those cases in subclause (III), the number of accused individuals who were found responsible through the student disciplinary process of the institution. Of those cases in subclause (III), the number of accused individuals who were found not responsible through the student disciplinary process of the institution. A description of the final sanctions imposed by the institution for each incident for which an accused individual was found responsible through the student disciplinary process of the institution. The number of student disciplinary proceedings at the institution that have closed without resolution since the previous annual security report. The Secretary shall provide technical assistance to eligible institutions to assist such institutions in meeting the requirements of this subparagraph. ; 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)— in clause (i)— in the matter preceding subclause (I), by inserting , developed in consultation with local, State, or 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 ; and in clause (iv)— by redesignating subclauses
(II)and
(III)as subclauses
(III)and (IV), respectively; by inserting after subclause
(I)the following: the institution will comply with the requirements of section 125(b), and shall include a description of such requirements; ; and in subclause (IV), as redesignated by clause (i)— in item (aa), by inserting , within 24 hours of such determination after sexual assault, or stalking ; in item (cc), by inserting within 24 hours of such change after results become final ; and in item (dd), by inserting within 24 hours of such determination after results become final ; by redesignating paragraph
(18)as paragraph (22); and by inserting after paragraph
(17)the following: Each individual at an institution of higher education who is designated as a higher education responsible employee, (as defined in section 125(a)), 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 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. The survey shall be fair and unbiased, scientifically valid and reliable, and meet the highest standards of survey research. Survey questions shall be designed to gather information on survivor experiences, and shall therefore use trauma-informed language to prevent retraumatization Each institution shall administer the survey described in subparagraph
(A)every 2 years. In addition to the standardized questions developed by the Secretary, institutions may request additional information from students that would increase the institutions’ understanding of school climate factors unique to their campuses. If an institution is granted approval to do so by the Secretary, an institution may administer such survey through a third party. 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 (as determined by the Secretary) enrolled at the institution complete the survey described in subparagraph
(A)in accordance with this paragraph and beginning 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. The survey described in subparagraph
(A)shall include the following: Questions designed to determine the incidence and prevalence of sexual violence, dating violence, domestic violence, and stalking. Questions regarding whether students know about institutional policies and procedures. Questions designed to determine, if victims reported violence— to whom the violence was reported and what response the victim may have received; and whether the victim was informed of, or referred to, national, State, local, or on-campus resources. Questions regarding contextual factors, such as whether force, incapacitation, or coercion was involved. Questions to determine whether an accused individual was a student. Questions to determine whether a victim reported an incident to State or local law enforcement. Questions to determine why the victim chose to report or not report an incident to State or local law enforcement. Other questions as determined by the Secretary. Beginning not later than 2 years after the date of enactment of the Campus Accountability and Safety Act, the Secretary shall prepare a biannual report on the information gained from the survey under this paragraph and publish such report 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 in a manner that permits comparisons across schools and campuses. Each institution subject to this subsection shall publish the campus-level results of the survey under this paragraph on the website of the institution and in the annual security report required under this subsection for the campuses affiliated with the institution. 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 this subsection and such title. 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 shall use any such civil penalty funds to carry out the grant program established under section 8 of the Campus Accountability and Safety Act. .
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