Sec. 4609. Clery Act amendments
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Section 485(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f) ) is amended— in paragraph (1)— in the matter preceding subparagraph (A), by inserting (including on a prominent location on the institution’s website) after publish ; and in subparagraph (F)— in clause (i), by striking and at the end; in clause (ii), by striking and at the end; in clause (iii), by striking the period at the end and inserting ; ; and by adding at the end the following: of harassment incidents that were reported to campus security authorities or local police agencies; and of hazing incidents that were reported to campus security authorities or local police agencies. ; and by adding at the end the following:
Each finding by the institution that, during the most recent calendar year, and during the 2 preceding calendar years for which data are available, a student organization committed a violation of the institution’s standards of conduct, or of Federal, State, or local law, relating to hazing, which— shall include— the name of the student organization that committed the violation; a general description of the activities that led to the violation, the charges, such findings by the institution, and the sanctions placed on the organization; and the dates on which— the violation was alleged to have occurred; the student organization was charged with misconduct; the investigation was initiated; and the investigation ended with a finding that a violation occurred; and may not include— any information related to allegations or investigations of hazing that do not result in a formal finding of a violation of the standards of conduct of the institution or of Federal, State or local law; or any personally identifiable information on any individual student or member of a student organization.
The anti-hazing policies (including the standards of conduct with respect to hazing) of the institution, and the changes, if any, that have been made in the preceding calendar year with respect to such policies, and the justification for such changes. In the case of an allegation that a multi-institution student organization was involved in a hazing incident, each institution at which the students involved in such allegation are enrolled (or were formerly enrolled), including any student who was a victim in the alleged incident, shall comply with the requirements of this subparagraph. ; in paragraph (6)(A), by adding at the end the following:
For purposes of reporting under this section, the term harassment — means unwelcome conduct, of a hostile, intimidating, or offensive nature, based on a student’s actual or perceived race, color, religion, sex (including sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, and sex stereotype), disability, or national origin, that unreasonably interferes with a student’s ability to participate in a program or activity at an institution of higher education, including by creating an intimidating, hostile, or offensive environment; is not limited to physical acts, and includes conduct that is verbal or nonverbal, direct or indirect, undertaken in whole or in part through the use of electronic messaging services, commercial mobile services, electronic communications, or other technology, or the placement or display of hostile or offensive images or objects based on a protected trait; and includes sexual harassment, which is unwelcome conduct of a sexual nature, including— a sexual advance; a request for sexual favors; a sexual act, where such submission is made either explicitly or implicitly a term or condition of a program or activity at an institution of higher education, regardless of a student’s submission to or rejection of such sexual act; a sexual act, where such submission or rejection is used as the basis for a decision affecting a term or condition of a program or activity at an institution of higher education, regardless of a student’s submission to or rejection of such sexual act; or other conduct of a sexual nature.
The term hazing means any intentional, knowing, or reckless act committed by a student, or a former student, of an institution of higher education, whether individually or in concert with other persons, against another student, that— was committed in connection with an initiation into, an affiliation with, or the maintenance of membership in, any student organization; and causes, or contributes to a substantial risk of, physical injury, mental harm, or personal degradation. The term commercial mobile service has the meaning given the term in section 332(d) of the Communications Act of 1934 ( 47 U.S.C. 332(d) ).
The term electronic communication means any transfer of signs, signals, writing, images, sounds, or data of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photooptical system. The term electronic messaging services has the meaning given the term in section 102 of the Communications Assistance for Law Enforcement Act ( 47 U.S.C. 1001 ). The term multi-institution student organization means a student organization that includes students from more than one institution of higher education, including city-wide, regional, State, and national chapters of student organizations.
The term student organization means an organization that is officially recognized by or otherwise affiliated with an institution of higher education and that has a membership that is made up primarily of students enrolled at such institution. ; in paragraph (7), by inserting after the second sentence the following: For harassment incidents, such statistics shall be compiled in accordance with the definition of that term in paragraph (6)(A)(vi). For hazing incidents, such statistics shall be compiled in accordance with the definition of that term in paragraph (6)(A)(vii). ; and in paragraph (8)— by adding sexual harassment, after sexual assault, each place it appears; in subparagraph
(B)in subclause (iv)(I)(bb) by striking an investigation and inserting a trauma-informed investigation ; and by adding at the end the following: Written notification of victims about institutional policies regarding the reimbursement of lost tuition and costs associated with student loan interest accrual related to domestic violence, dating violence, sexual assault, sexual harassment, or stalking incidents. . Section 485(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f) ) is further amended— by redesignating paragraphs
(9)through
(18)as paragraphs
(10)through (19), respectively; and by inserting after paragraph
(8)the following: Each institution of higher education participating in any program under this title, other than a foreign institution of higher education, shall, as part of the report described in paragraph (1)— develop and distribute a statement of policy regarding harassment, which shall include— a prohibition of harassment— on campus; in or on a noncampus building or property; on public property; in dormitories or other residential facilities for students on campus; through the use of electronic mail addresses issued by the institution of higher education; through the use of computers and communication networks, including any telecommunications service, owned, operated, or contracted for use by the institution of higher education or its agents; and during an activity sponsored by the institution of higher education or carried out with the use of resources provided by the institution of higher education; a description of the institution’s programs to combat harassment, which shall be aimed at the prevention of harassment; a description of the procedures that a student should follow if an incident of harassment occurs; and a description of the procedures that the institution will follow once an incident of harassment has been reported, including a statement of the standard of evidence that will be used during any institutional conduct proceeding arising from such a report; and provide, on a prominent location on the institution’s website, a link to the webpage that contains the information required under paragraph (1)(K), including statement notifying the public— of the availability of such information, including findings, sanctions, and the implementation of sanctions, except information protected under section 444 of the General Education Provisions Act (commonly known as the Family Education Rights and Privacy Act of 1974 ); a description of how a member of the public may obtain such information; and a statement that the institution is required to provide such information pursuant to paragraph (1)(K). The statement of policy described in subparagraph (A)(i) shall address the following areas: Procedures for timely institutional action in cases of alleged harassment, which shall include a clear statement that the accuser and the accused shall be informed of the outcome of any disciplinary proceedings in response to an allegation of harassment. Possible sanctions to be imposed following the final determination of an institutional disciplinary procedure regarding harassment. Notification of existing counseling, mental health, or student services for victims or perpetrators of harassment, both on campus and in the community. Identification of a designated employee or office at the institution that will be responsible for receiving and tracking each report of harassment. . Section 485(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f) ) is further amended— in paragraph (14), as redesignated by subsection (b)— by striking in the same amount and ; and by inserting before the period at the end the following: , expect that such section shall be applied by substituting $100,000 for $25,000 . in paragraph (17), as redesignated by subsection (b), by adding sexual harassment, after sexual assault, .
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