Sec. 151. Addressing sexual assault
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Title I ( 20 U.S.C. 1001 et seq.) is amended by adding at the end the following new part: The requirements of this part shall apply to any institution of higher education receiving Federal financial assistance under this Act, including financial assistance provided to students under title IV, other than— an institution outside the United States; or an institution that provides instruction primarily through online courses. Each institution of higher education that is subject to this part shall conduct surveys of its students to measure campus attitudes towards sexual assault and the general climate of the campus regarding the institution’s treatment of sexual assault on campus, and shall use the results of the survey to improve the institution’s ability to prevent and respond appropriately to incidents of sexual assault.
The institution’s survey under this section shall consist of such questions as the institution considers appropriate, which may (at the option of the institution) include any of the following: Questions on the incidence and prevalence of sexual assault experienced by students. Questions on whether students who experience sexual assault report such incidents to campus officials or law enforcement agencies. Questions on whether the alleged perpetrators are students of the institution.
Questions to test the students’ knowledge and understanding of institutional policies regarding sexual assault and available campus support services for victims of sexual assault. Questions to test the students’ knowledge, understanding, and retention of campus sexual assault prevention and awareness programming. Questions related to dating violence, domestic violence, and stalking. The institution shall ensure that all responses to surveys under this section are kept confidential and do not require the respondents to provide personally identifiable information.
The institution is encouraged to administer the surveys under this section in accordance with best practices derived from peer-reviewed research, and to use language that is sensitive to potential respondents who may have been victims of sexual assault. The institution shall make a good faith effort to encourage students to respond to the surveys. The Secretary, in consultation with relevant stakeholders, shall develop sample surveys that an institution may elect to use under this section, and shall post such surveys on a publicly accessible website of the Department of Education.
The Secretary shall develop sample surveys that are suitable for the various populations who will participate in the surveys. In carrying out this section, the Secretary— may not regulate or otherwise impose conditions on the contents of an institution’s surveys under this section, except as may be necessary to ensure that the institution meets the confidentiality requirements of subsection (c)(1); and may not use the results of the surveys to make comparisons between institutions of higher education.
An institution of higher education that is subject to this part shall conduct a survey under this section not less frequently than once every 3 academic years. Each institution of higher education that is subject to this part shall retain the services of qualified sexual assault survivors’ counselors to counsel and support students who are victims of sexual assault. At the option of the institution, the institution may retain the services of counselors who are employees of the institution or may enter into agreements with other institutions of higher education, victim advocacy organizations, or other appropriate sources to provide counselors for purposes of this section.
The institution shall retain such number of counselors under this section as the institution considers appropriate based on a reasonable determination of the anticipated demand for such counselors’ services, so long as the institution retains the services of at least one such counselor at all times. A counselor is qualified for purposes of this section if the counselor has completed education specifically designed to enable the counselor to provide support to victims of sexual assault, and is familiar with relevant laws on sexual assault as well as the institution’s own policies regarding sexual assault.
In providing services pursuant to this section, a counselor shall— inform the victim of sexual assault of options available to victims, including the procedures the victim may follow to report the assault to the institution or to a law enforcement agency; and inform the victim of interim measures that may be taken pending the resolution of institutional disciplinary proceedings or the conclusion of criminal justice proceedings. In providing services pursuant to this section, a counselor shall— maintain confidentiality with respect to any information provided by a victim of sexual assault to the greatest extent permitted under applicable law; and notify the victim of any circumstances under which the counselor is required to report information to others (including a law enforcement agency) notwithstanding the general requirement to maintain confidentiality under subparagraph (A).
A counselor providing services pursuant to this section shall be considered a recognized professional for purposes of section 444(a)(4)(B)(iv) of the General Education Provisions Act (commonly known as the Family Educational Rights and Privacy Act of 1974 ) ( 20 U.S.C. 1232g(a)(4)(B)(iv) ). A counselor providing services pursuant to this section is not required to report incidents of sexual assault that are reported to the counselor for inclusion in any report on campus crime statistics, and shall not be considered part of a campus police or security department for purposes of section 485(f).
A counselor providing services pursuant to this section on behalf of an institution of higher education shall not be considered a responsible employee of the institution for purposes of title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq.) or the regulations promulgated pursuant to such title. Each institution of higher education that is subject to this part shall make a good faith effort to notify its students of the availability of the services of counselors pursuant to this section through the statement of policy described in section 485(f)(8)(B)(vi) and any other methods as the institution considers appropriate, including disseminating information through the institution’s website, posting notices throughout the campus, and including information as part of programs to educate students on sexual assault prevention and awareness.
Each institution of higher education that is subject to this part shall develop a one-page form containing information to provide guidance and assistance to students who may be victims of sexual assault, and shall make the form widely available to students. The form developed under this section shall contain such information as the institution considers appropriate, and may include the following: Information about the services of counselors which are available pursuant to section 163, including a statement that the counselor will provide the maximum degree of confidentiality permitted under law, and a brief description of the circumstances under which the counselor may be required to report information notwithstanding the victim’s desire to keep the information confidential.
Information about other appropriate campus resources and resources in the local community, including contact information. Information about where to obtain medical treatment, and information about transportation services to such medical treatment facilities, if available. Information about the importance of preserving evidence after a sexual assault. Information about how to file a report with local law enforcement agencies. Information about the victim’s right to request accommodations, and examples of accommodations that may be provided.
Information about the victim’s right to request that the institution begin an investigation of an allegation of sexual assault and initiate an institutional disciplinary proceeding if the alleged perpetrator of the assault is another student or a member of the faculty or staff of the institution. A statement that an institutional disciplinary proceeding is not a substitute for a criminal justice proceeding. Information about how to report a sexual assault to the institution, including the designated official or office responsible for receiving these reports.
The Secretary, in consultation with relevant stakeholders, shall develop model forms that an institution may use to meet the requirements of this section, and shall include in such model forms language which may accommodate a variety of State and local laws and institutional policies. Nothing in this subsection may be construed to require an institution to use any of the model forms developed under this subsection. Because sexual assault is a serious crime, coordination and cooperation between institutions of higher education and law enforcement agencies are critical in ensuring that reports of sexual assaults on campus are handled in an appropriate and effective manner.
A memorandum of understanding entered into between an institution and the law enforcement agency with primary jurisdiction for responding to reports of sexual assault on the institution’s campus is a useful tool to promote this coordination and cooperation. It is the purpose of this section to encourage each institution of higher education that is subject to this part to enter into a memorandum of understanding with the law enforcement agency with primary jurisdiction for responding to reports of sexual assault on the institution’s campus so that reports of sexual assault on the institution’s campus may be handled in an appropriate and effective manner.
An institution of higher education and a law enforcement agency entering into a memorandum of understanding described in this section are encouraged to include in the memorandum provisions addressing the following: An outline of the protocols and a delineation of responsibilities for responding to a report of sexual assault occurring on campus. A clarification of each party’s responsibilities under existing Federal, State, and local law or policies. The need for the law enforcement agency to know about institutional policies and resources so that the agency can direct student-victims of sexual assault to such resources.
The need for the institution to know about resources available within the criminal justice system to assist survivors, including the presence of special prosecutor or police units specifically designated to handle sexual assault cases. If the institution has a campus police or security department with law enforcement authority, the need to clarify the relationship and delineate the responsibilities between such department and the law enforcement agency with respect to handling incidents of sexual assaults occurring on campus.
The Secretary, in consultation with the Attorney General, shall develop best practices for memoranda of understanding described in this section, and shall disseminate such best practices on a publicly accessible website of the Department of Education. In this part: The term sexual assault has the meaning given such term in section 485(f)(6)(A)(v). The terms dating violence , domestic violence , and stalking , have the meaning given such terms in section 485(f)(6)(A)(i). .
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