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Code · BILL · 116th Congress · H.R. 8352 (Introduced in House) — To advance black families in the 21st Century. · Sec. 53403

Sec. 53403. Hate crime prevention and response

1,017 words·~5 min read·/bill/116/hr/8352/ih/section-53403·

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Part B of title I of the Higher Education Act of 1965 is amended by adding at the end the following: Not­with­stand­ing any other provision of law, no institution of higher education shall be eligible to receive funds or any other form of financial assistance under any program under title IV, unless the institution certifies to the Secretary that the institution has adopted and has implemented a program to prevent and adequately respond to hate crimes within the jurisdiction of the institution or by students and employees that, at a minimum, includes— the annual distribution to each student and employee of— standards of conduct and the applicable sanctions that clearly prohibit, at a minimum, the acts or threats of violence, property damage, harassment, intimidation, or other crimes that specifically target an individual based on their race, religion, ethnicity, handicap, sexual orientation, gender, or gender identification by students and employees on the institution’s property or as a part of any of the institution’s activities; a clear definition of what constitutes a hate crime or hate incident under Federal and State law or other applicable authority; a description of the applicable legal sanctions under local, State, or Federal law for perpetrating a hate crime; a description of any counseling, medical treatment, or rehabilitation programs that are available to students or employees that are victims of hate crimes or other hate-based incidences; a description of applicable services for students to be able to switch dorms, classes, or make other arrangements should they feel unsafe in those spaces due to a hate crime which affects such space; and a distinct statement that the institution will impose sanctions on students and employees (consistent with local, State, and Federal law), and a description of those sanctions, up to and including expulsion or termination of employment and referral for prosecution, for violations of the standards of conduct required by subparagraph (A); and a quadrennial review by the institution of the institution’s program to— determine the program’s effectiveness and implement changes to the program if the changes are needed; determine the number of hate crimes and fatalities that— occur on the institution’s campus (as defined in section 485(f)(6)), or as part of any of the institution’s activities; and are reported to campus officials or nonaffiliated local law enforcement agencies with jurisdiction over the incident; determine the number, type, and severity of sanctions described in paragraph (1)(F) that are imposed by the institution as a result of hate crimes and fatalities on the institution’s campus or as part of any of the institution’s activities; and ensure that sanctions required by paragraph (1)(F) are consistently enforced.
Each institution of higher education that provides the certification required by subsection
(a)shall, upon request, make available to the Secretary and to the public a copy of each item required by subsection (a)(1) as well as the results of the biennial review required by subsection (a)(2). The Secretary shall publish regulations to implement and enforce the provisions of this section, including regulations that provide for— the periodic review of a representative sample of programs required by subsection (a); and a range of responses and sanctions for institutions of higher education that fail to implement their programs or to consistently enforce their sanctions, including information and technical assistance, the development of a compliance agreement, and the termination of any form of Federal financial assistance. The sanctions required by subsection (a)(1)(F) that are imposed by the institution of higher education, may include an inclusivity program as an explicit condition of remaining enrolled at the institution of higher education, that the defendant successfully undertake educational classes or community service directly related to the community harmed by the respondent’s offense. Upon determination by the Secretary to terminate financial assistance to any institution of higher education under this section, the institution may file an appeal with an administrative law judge before the expiration of the 30-day period beginning on the date such institution is notified of the decision to terminate financial assistance under this section. Such judge shall hold a hearing with respect to such termination of assistance before the expiration of the 45-day period beginning on the date that such appeal is filed. Such judge may extend such 45-day period upon a motion by the institution concerned. The decision of the judge with respect to such termination shall be considered to be a final agency action. The Secretary may make grants to institutions of higher education or consortia of such institutions, and enter into contracts with such institutions, consortia, and other organizations, to develop, implement, operate, improve, and disseminate programs of prevention, and education to reduce and eliminate hate crimes. Such grants or contracts may also be used for the support of a higher education center for hate crime prevention and response that will provide training, technical assistance, evaluation, dissemination, and associated services and assistance to the higher education community as determined by the Secretary and institutions of higher education. Grants and contracts shall be awarded under subparagraph
(A)on a by needs basis. An institution of higher education or a consortium of such institutions that desires to receive a grant or contract under paragraph
(A)shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require by regulation. In awarding grants and contracts under this subsection the Secretary shall make every effort to ensure— the equitable participation of private and public institutions of higher education (including community and junior colleges); and the equitable geographic participation of such institutions. In awarding grants and contracts under this subsection the Secretary shall give appropriate consideration to institutions of higher education with limited enrollment. There are authorized to be appropriated to carry out this subsection such sums as may be necessary for fiscal year 2022 and each of the 5 succeeding fiscal years. The term hate crime means any criminal offense perpetrated against a person or property that was motivated in whole or in part by an offender’s bias against a race, religion, disability, sexual orientation, ethnicity, gender, or gender identity. .
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