Sec. 9. Administrative action
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Section 901 of the Education Amendments of 1972 ( 20 U.S.C. 1681 ) is amended by adding at the end the following: Nothing in the Campus Accountability and Safety Act, or any amendment made by such Act, shall reduce or interfere with the rights and remedies provided for and available under this title. Complaints filed with the Office for Civil Rights of the Department of Education with regards to sexual violence shall be considered timely when they are filed not later than 180 days after the date of graduation or disaffiliation with the institution.
Upon determination, after reasonable notice and opportunity for a hearing, that an educational institution that is an institution of higher education has violated or failed to carry out any provision of this section in a factual circumstance related to sexual violence or any regulation prescribed under this section related to sexual violence, the Secretary of Education or Attorney General, may impose a civil penalty upon such institution of not more than 1 percent of the institution’s 1-year operating budget, as defined by the Secretary of Education, for each violation or failure.
A civil penalty shall not interfere with— the Secretary’s or Attorney General’s ability to seek or enter into a voluntary resolution agreement with an institution of higher education; the Attorney General’s litigation authority; and an individual’s right to seek other remedies, including through a private right of action. Any civil penalty under paragraph
(1)may be reduced by the Secretary of Education or Attorney General. In determining the amount of such penalty, or the amount agreed upon in compromise, the appropriateness of the penalty to the size of the operating budget of the educational institution subject to the determination, and the gravity of the violation or failure, and whether the violation or failure was done intentionally, negligently, or otherwise, shall be considered. Any civil monetary penalty or monetary settlement collected under this subsection shall be transferred to the Grants to Improve Prevention and Response to Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, and Stalking on Campus program. .
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Sec. 9
Administrative action
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