Sec. 4610. Online survey tool for campus safety
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Section 485(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1092 ) is further amended— by redesignating paragraphs
(19)and
(20)as so redesignated as paragraphs
(20)and (21), respectively; and by inserting after paragraph
(17)the following: The Secretary shall, in consultation with the Attorney General, Director of the Centers for Disease Control, and the Secretary of the Department of Health and Human Services and experts in domestic violence, dating violence, sexual assault, sexual harassment, and stalking, develop, design, and make available through a secure and accessible online portal, a standardized online survey tool regarding student experiences with domestic violence, dating violence, sexual assault, sexual harassment, and stalking. In developing the survey tool required under subparagraph (A), the Secretary shall— use best practices from peer-reviewed research measuring domestic violence, dating violence, sexual assault, sexual harassment, and stalking; consult with the higher education community, experts in survey research related to domestic violence, dating violence, sexual assault, sexual harassment, and stalking, and organizations engaged in the prevention of and response to, and advocacy on behalf of victims of, domestic violence, dating violence, sexual assault, sexual harassment, and stalking regarding the development and design of such survey tool and the methodology for administration of such survey tool; and ensure that the survey tool is readily accessible to and usable by individuals with disabilities. The survey tool developed pursuant to this paragraph shall be fair and unbiased, scientifically valid and reliable, and meet the highest standards of survey research. Survey questions included in the survey tool developed pursuant to this paragraph shall— be designed to gather information on student experiences with domestic violence, dating violence, sexual assault, sexual harassment, and stalking, including the experiences of victims of such incidents; use trauma-informed language to prevent retraumatization; and include the following: Questions designed to determine the incidence and prevalence of domestic violence, dating violence, sexual assault, sexual harassment, and stalking. Questions regarding whether students know about institutional policies and procedures related to domestic violence, dating violence, sexual assault, sexual harassment, and stalking. Questions designed to determine, if victims reported domestic violence, dating violence, sexual assault, sexual harassment, or stalking— to whom the incident was reported and what response the victim may have received; whether the victim was informed of, or referred to, national, State, local, or on-campus resources; and whether the entity to whom the victim reported the incident conducted an investigation and the duration and final resolution of such an investigation. Questions regarding contextual factors, such as whether force, incapacitation, or coercion was involved. Questions to determine whether an accused individual was a student at the institution. Questions to determine whether a victim reported an incident to State, local, or campus law enforcement. Questions to determine why the victim chose to report or not report an incident to the institution or State, local, or campus law enforcement. Questions to determine the impact of domestic violence, dating violence, sexual assault, sexual harassment, and stalking on the victim’s education, including diminished grades, dropped classes, leaves of absence, and negative financial consequences (such as costs associated with loss in paid tuition due to leaves of absence, loss in scholarship awards due to diminished grades, and cost associated with counseling, medical services, or housing changes). Questions to determine the impact and effectiveness of prevention and awareness programs and complaints processes. Questions to determine attitudes toward sexual violence and harassment, including the willingness of individuals to intervene as a bystander of sex-based (including sexual orientation-based and gender identity-based), race-based, national origin-based, and disability-based discrimination, harassment, assault, domestic violence, dating violence, sexual assault, sexual harassment, and stalking. Other questions, as determined by the Secretary. In addition to the standardized questions developed by the Secretary under clause (ii), an institution may request additional information from students that would increase the understanding of the institution of school climate factors unique to their campuses. The responses to the survey questions described in clause
(ii)shall— be submitted confidentially; not be included in crime statistics; and in the case of such responses being included in a report, shall not include personally identifiable information. The Secretary, in consultation with the Attorney General, Director of the Centers for Disease Control, and Secretary of the Department of Health and Human Services, shall develop a mechanism by which institutions of higher education may, with respect to the survey tool developed pursuant to this paragraph— administer such survey tool; and modify such survey tool to include additional elements or requirements, as determined by the institution. The Secretary may not require an institution of higher education to pay to modify the survey tool in accordance with clause (ii)(II). The Secretary shall ensure that the survey tool is administered in such a way as to be readily accessible to and usable by individuals with disabilities. Beginning not later than one year after the date on which the Secretary makes available to institutions the mechanism described in clause (i), and every 2 years thereafter, each institution shall administer the survey tool developed pursuant to this paragraph. The Secretary shall require each institution participating in any program under this title to ensure, to the maximum extent practicable, that an adequate, random, and representative sample size of students (as determined by the Secretary) enrolled at the institution complete the survey tool developed pursuant to this paragraph. Beginning not later than 2 years after the date of enactment of the College Affordability Act , the Secretary shall prepare a biennial report on the information gained from the standardized elements of the survey under this paragraph and publish such report in an accessible format on the website of the Department and submit such report to Congress. The report shall include campus-level data for each school and attributed by name of each campus in a manner that permits comparisons across schools and campuses. Each institution shall publish, in a manner that is readily accessible and usable by individuals, including individuals with disabilities— the campus-level results of the standardized elements of the survey under this paragraph on the website of the institution and in the annual security report required under paragraph 1 for the campuses affiliated with the institution; and the campus-level results of the additional elements modifying the survey by the institution, if any, on the website of the institution. Upon a determination pursuant to section 487(c)(3)(B) that an institution of higher education has violated or failed to carry out any provision under this subsection, the Secretary shall impose a civil penalty upon the institution in the same amount and pursuant to the same procedures as a civil penalty is imposed under section 487(c)(3)(B). .
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Sec. 4610
Online survey tool for campus safety
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