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Code · BILL · 116th Congress · H.R. 3381 (Introduced in House) — To amend the Higher Education Act of 1965 to increase transparency and reporting on campus sexual violence, and for o... · Sec. 5

Sec. 5. Climate surveys

691 words·~3 min read·/bill/116/hr/3381/ih/section-5·

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Paragraph
(1)of section 485(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f) ) is amended by adding at the end the following new subparagraph: Beginning 18 months after the date of enactment of the HALT Campus Sexual Violence Act , statistics based upon a sexual violence climate survey conducted not later than one year after such date of enactment, and conducted, reviewed, and updated every 2 years thereafter— which is developed and approved by the Secretary, in consultation with the Director of the Centers for Disease Control of the Department of Health and Human Services and the Attorney General, except that the National Intimate Partner and Sexual Violence Survey developed by the National Center for Injury Prevention and Control of the Centers for Disease Control and Prevention may be used for purposes of this subparagraph until the sexual violence climate survey has been developed; which assesses the occurrence on campus or in a noncampus building or property during the preceding calendar year for which data is available of— instances of domestic violence, dating violence, sexual assault, sexual violence, sexual harassment, and stalking; whether the instances described in subclause
(I)were experienced in-person or through electronic means; indicators of discrimination, and positive and negative trends for intimate relationships that incorporates information about gender identity and sexual orientation; the effectiveness of campus sexual violence awareness and prevention programs and policies for the overall student body and different student populations, such as students of color, students in the LGBTQ communities, immigrant students, pregnant and parenting students, and students with disabilities; the effectiveness of current processes for complaints on and investigations into sex-based, race-based, national origin-based, sexual orientation-based, gender identity-based, and disability-based harassment, assault, discrimination, domestic violence, dating violence, and stalking; student’s awareness of campus policies and procedures, including the location and process for accessing campus resources such as the title IX coordinator designated by the institution pursuant to title IX of the Education Amendments of 1972; whether individuals impacted by sexual harassment, sexual violence, discrimination, domestic violence, dating violence, and stalking have experienced negative effects on their education, including diminished grades, dropped classes, leaves of absence; whether individuals impacted by sexual harassment, sexual violence, discrimination, domestic violence, dating violence, and stalking have experienced negative financial consequences, including costs associated with loss in paid tuition due to leaves of absence, loss in scholarship awards due to diminished grades, counseling, medical services, or housing changes; what training is being provided to faculty and staff on policies and procedures pertaining to sexual harassment, sexual violence, discrimination, domestic violence, dating violence, and stalking, including best practices in prevention; whether the perpetrator of sexual harassment, sexual violence, discrimination, domestic violence, dating violence, and stalking was a student and other contextual factors, such as whether force, incapacitation, or coercion was involved; whether individuals impacted by sexual harassment, sexual violence, discrimination, domestic violence, dating violence, and stalking reported such sexual harassment, sexual violence, discrimination, domestic violence, dating violence, and stalking; if such an individual did so report, to whom they reported, and what response the survivor received; if such an individual reported to the institution of higher education, did the institution conduct an investigation and how long did the investigation take; campus community members’, such as students, full-time and part-time staff and faculty, and administration officials, attitudes toward sexual violence and harassment, including individuals’ willingness to intervene as a bystander of sex-based, race-based, national origin-based, sexual orientation-based, gender identity-based, and disability-based discrimination, harassment, assault, domestic violence, dating violence, and stalking; campus community members’, such as students, full-time and part-time staff and faculty, and administration officials, perception of campus safety and confidence in the institution’s ability to appropriately address sex-based, race-based, national origin-based, sexual orientation-based, gender identity-based, and disability-based discrimination, harassment, assault, domestic violence, dating violence, and stalking; and any other issues relating to sex-based, race-based, national origin-based, sexual orientation-based, gender identity-based, and disability-based discrimination, harassment, assault, domestic violence, dating violence, and stalking, as appropriate; and which shall be made publicly available and readily accessible to and usable by individuals, including individuals with disabilities, on the institution’s website, including on webpages directed at prospective and current students. .
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Sec. 5
Climate surveys
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