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: In this subsection, the term ‘higher education responsible employee’ means an employee of an institution of higher education who— has the authority to take action to redress sexual harassment; or has the duty to report sexual harassment or any other misconduct by students or employees to appropriate school officials; has completed the training requirements described in subsection (b)(5) or agrees to complete such training within a reasonable time after being designated as a higher education responsible employee; and shall be responsible for assisting the title IX coordinator or designee with providing a student or employee who reports that the student or employee has been a victim of sexual harassment, including, sexual violence, whether the offense occurred on or off campus, with a written explanation of the student’s or employee’s rights and options, as described in clauses
(ii)through
(vii)of section 485(f)(8)(B). In this subsection, the term Title IX Coordinator has the meaning given to the individual designated as a responsible employee in section 106.8(a) of title 34, Code of Federal Regulations, as such section is in effect on the date of enactment of the Campus Accountability and Safety Act . In this section, the term ‘victim-centered, trauma-informed interview techniques’ means asking questions of a student or employee who reports that the student or employee has been a victim of sexual harassment, sexual assault, domestic violence, dating violence, or stalking, in a manner that is focused on the experience of the victim, that does not judge or blame the reporting student or employee for the alleged assault, and that is informed by evidence-based research on the neurobiology of trauma. The victim shall be given the option to have the interview recorded and to receive a copy of the recorded interview. Each institution of higher education that receives funds under this Act, shall establish a campus security policy that includes the following: The designation of 1 or more confidential advisors at the institution to whom non-employee victims of sexual harassment, domestic violence, dating violence, sexual assault, or stalking can report, including anonymously, which shall be part of a policy that complies with the following: The advisor— shall not be an undergraduate student, a full-time graduate student, an employee designated as a higher education responsible employee, or the title IX coordinator; and may have other roles at the institution. The Secretary shall designate categories of employees that may serve as confidential advisors, such as health care staff, clergy, staff of a women's center, or other such categories. Such designation shall not preclude the institution from designating other employees or partnering with national, State, or local victim services organizations to serve as confidential advisors or to serve in other confidential roles. The confidential advisor shall complete the training requirements described in paragraph (5). The Secretary shall develop online training materials, in addition to the training required under subparagraph
(C)not later than 1 year after the date of enactment of the Campus Accountability and Safety Act, for the training of confidential advisors. The confidential advisor shall inform the victim— of the victim’s rights; of the victim's reporting options, including the option to notify a higher education responsible employee, the option to notify local law enforcement, and any other reporting options; if reasonably known, of the potential consequences of the reporting options described in clause (ii); and that the institutional student disciplinary proceeding has limited jurisdiction, scope, and available sanctions, and should not be considered a substitute for the criminal justice process. The confidential advisor may, as appropriate— serve as a liaison between a victim and a higher education responsible employee or local law enforcement, when directed to do so by a victim who has been fully and accurately informed about what procedures shall occur if information is shared; and assist a victim in contacting and reporting to a higher education responsible employee or local law enforcement. The confidential advisor shall be authorized by the institution to liaise with appropriate staff at the institution to arrange reasonable accommodations through the institution to allow the victim to change living arrangements or class schedules, obtain accessibility services, or arrange other accommodations. The confidential advisor shall be authorized to accompany the victim, when requested to do so by the victim, to interviews and other proceedings of a campus investigation and institutional disciplinary proceedings. The confidential advisor shall also advise the victim of, and provide written information regarding, 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 in a way that identifies a victim or an accused individual, unless otherwise required to do so by State law. The confidential advisor shall, to the extent authorized under State law, provide confidential services to students. Any requests for accommodations, as described in subparagraph (G), made by a confidential advisor shall not trigger an investigation by the institution, even if the confidential advisor deals only with matters relating to sexual assault. The institution shall designate as a confidential advisor an individual who has protection under State law to provide privileged communication. The institution may partner with an outside victim services organization, such as a community-based rape crisis center or other community-based sexual assault service provider, to provide the services described in this paragraph. The confidential advisor shall collect and report statistics in accordance with the requirements of section 485(f). The confidential advisor shall not include personally identifying information or jeopardize the confidentiality of a victim or an accused individual when reporting such statistics. 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. 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 paragraph. The institution shall list on its website— the name and contact information for the confidential advisor; reporting options for victims of a sex offense, domestic violence, dating violence, sexual assault, or stalking; the process of investigation and disciplinary proceedings of the institution; the process of investigation and adjudication of the criminal justice system; potential reasonable accommodations that the institution may provide to a victim, as described in paragraph (1)(G); the telephone number and website address for a local, State, or national hotline providing information to sexual violence victims (which shall be clearly communicated on the website and shall be updated on a timely basis); and 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, including information on transportation options and available reimbursement for a visit to such facility. The institution may provide an online reporting system to collect anonymous disclosures of crimes and track patterns of crime on campus. An individual may submit an anonymous report about a specific crime to the institution using the online reporting system, but the institution is only obligated to investigate a specific crime if an individual decides to report the crime to a higher education responsible employee or law enforcement. If the institution uses an online reporting system, the online system shall also include information about how to report a crime to a higher education responsible employee and to law enforcement and how to contact a confidential advisor. The institution shall provide an amnesty policy for any student who reports, in good faith, sexual violence to a higher education responsible employee, such that the reporting student will not be sanctioned by the institution for a non-violent student conduct violation, such as underage drinking, that is revealed in the course of such a report. Not later than 1 year after the date of enactment of the Campus Accountability and Safety Act , the Secretary, in coordination with the Attorney General and in consultation with national, State, or local victim services organizations, shall develop a program for training— each individual who is involved in implementing an institution of higher education’s student grievance procedures, including each individual who is responsible for resolving complaints of reported sex offenses or sexual misconduct policy violations; and each employee of an institution of higher education who has responsibility for conducting an interview with an alleged victim of sexual assault. Such training shall include,— information on working with and interviewing persons subjected to sexual violence; information on particular types of conduct that would constitute sexual violence, regardless of gender, including same-sex sexual violence; information on consent and the affect that drugs or alcohol may have on an individual's ability to consent; the effects of trauma, including the neurobiology of trauma; training regarding the use of victim-centered, trauma-informed interview techniques; cultural awareness training regarding how sexual violence may impact students differently depending on their cultural background; and information on sexual assault dynamics, sexual assault perpetrator behavior, and barriers to reporting. Each institution shall ensure that the individuals and employees described in subparagraph
(A)receive the training described in this paragraph not later than the July 15 that is one year after the date that the training program has been developed by the Secretary in accordance with subparagraph (A). Each institution of higher education that receives funds under this Act— shall establish and carry out a uniform process (for each campus of the institution) for student disciplinary proceedings relating to any claims of sexual violence against a student who attends the institution; and shall not carry out a different disciplinary process on the same campus for a matter of sexual violence, or alter the uniform process described in subparagraph (A), based on the status or characteristics of a student who will be involved in that disciplinary proceeding, including characteristics such as a student’s membership on an athletic team, academic major, or any other characteristic or status of a student. The institution shall submit, annually, to the Office for Civil Rights of the Department of Education and the Civil Rights Division of the Department of Justice, the name and contact information for the title IX coordinator, including a brief description of the coordinator’s role and the roles of other officials who may be contacted to discuss or report sexual harassment, and documentation of training received by the title IX coordinator. The educational institution shall provide updated information to the Office for Civil Rights of the Department of Education and the Civil Rights Division of the Department of Justice not later than 30 days after the date of any change. The institution shall provide both the accuser and the accused student with written notice of the institution's decision to proceed with an institutional disciplinary process regarding an allegation of sexual misconduct within 24 hours of such decision, and sufficiently in advance of a disciplinary hearing to provide both the victim and the accused student with the opportunity to meaningfully exercise the due process rights afforded to them under institutional policy. The written notice shall include the following: The existence of a complaint, the nature of the conduct upon which the complaint is based, and the date on which the alleged incident occurred. A summary of the process for the disciplinary proceeding, including the estimated timeline from initiation to final disposition. The rights and due process protections available to the victim and the accused student, including those described in section 485(f)(8)(B)(iv) and any other rights or due process protections that the victim or the accused student may have under the institution's policies. A copy of the institution’s applicable policies, and, if available, related published informational materials. Name and contact information for an individual at the institution, who is independent of the disciplinary process, to whom the victim and the accused student can submit questions about any of the information described in the written notice. The institution shall provide the accuser and the accused student with written notification of the determination of responsibility that is made by the disciplinary board, and any sanctions, within 24 hours of such determination. Such notification shall include information about the processes for appealing the determination. The Secretary may impose a civil penalty of not more than 1 percent of an institution’s operating budget, as defined by the Secretary, for each year that the institution fails to carry out the requirements of such paragraph following the effective date described in section 4(b)(1) of the Campus Accountability and Safety Act . The Secretary may impose a civil penalty of not more than 1 percent of an institution’s operating budget, as defined by the Secretary, for each year that the institution fails to carry out the requirements of such paragraphs following the effective date described in section 4(b)(2) of the Campus Accountability and Safety Act . Notwithstanding any other provision of this section, the Secretary may enter into a voluntary resolution with an institution of higher education that is subject to a penalty under this subsection. Any civil penalty under this subsection may be reduced by the Secretary. In determining the amount of such penalty, or the amount agreed upon in compromise, the Secretary of Education shall consider the appropriateness of the penalty to the size of the operating budget of the educational institution subject to the determination, the gravity of the violation or failure, and whether the violation or failure was committed intentionally, negligently, or otherwise. . Paragraph
(1)of section 125(b) of the Higher Education Act of 1965, as added by subsection (a), shall take effect on the date that is 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 an institution based on an institution's size; or 3 years after the date of enactment of this Act. Paragraphs
(2)through
(9)of section 125(b) 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 shall establish regulations to carry out the provisions of 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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