Sec. 4. University support for survivors of domestic violence, dating violence, sexual assault, sexual harassment, and stalking
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Part B of title I of the Higher Education Act of 1965 ( 20 U.S.C. 1011 et seq. ) is further amended by adding after section 124 (as added by section 3), the following: In this section: The term complainant means an individual who is alleged to be the victim of conduct that could constitute domestic violence, dating violence, sexual assault, sexual harassment, or stalking. The term higher education responsible employee has the meaning given the term in section 485(f)(6). The term respondent means an individual who is alleged to be the perpetrator of conduct that could constitute domestic violence, dating violence, sexual assault, sexual harassment, or stalking.
The term title IX coordinator has the meaning given the term in section 485(f)(6). The term victim-centered, trauma-informed interview techniques means asking questions of an individual who reports that the individual has been a victim of domestic violence, dating violence, sexual assault, sexual harassment, or stalking, in a manner that is focused on the experience of the victim, does not judge or blame the victim for the alleged act, is informed by evidence-based research on the neurobiology of trauma, and contains information on cultural competence based on practices of rape crisis centers, victim advocacy centers, sexual assault response teams, title IX offices, and similar groups, including organizations that work with underserved populations (as defined in section 40002 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291 )).
Each institution of higher education that receives funds under this Act, shall establish a campus security policy that includes the following: The designation of one or more sexual and interpersonal violence coordinators at the institution to whom student complainants of domestic violence, dating violence, sexual assault, sexual harassment, or stalking can report, including anonymously, which shall be part of a policy that complies with the following: The sexual and interpersonal violence coordinator— shall not be an undergraduate student, a full-time graduate student, an employee designated as a higher education responsible employee, or the title IX coordinator; may have other roles at the institution; shall be appointed based on experience and a demonstrated ability of the individual to effectively provide trauma-informed victim services related to domestic violence, dating violence, sexual assault, sexual harassment, and stalking, including to underserved populations (as defined in section 40002 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291 )); shall be supervised by an individual outside the body responsible for investigating and adjudicating complaints at the institution related to domestic violence, dating violence, sexual assault, sexual harassment, and stalking; shall not serve as an advisor under section 485(f)(8)(B)(iv)(III); and shall not be required to report allegations as a campus security authority under section 485(f).
The Secretary shall designate categories of employees that may serve as sexual and interpersonal violence coordinators, such as health care staff, clergy, staff of a women’s center, or other such categories, and specify under what conditions individuals may go through training to obtain victim advocate privilege in States with applicable laws. Such designation shall not preclude the institution from designating other employees or partnering with national, State, or local victim services organizations to serve as sexual and interpersonal violence coordinators or to serve in other confidential roles.
The sexual and interpersonal violence coordinator shall complete the training requirements described in paragraph
(5)and subparagraph
(D)within a reasonable time after being designated as a sexual and interpersonal violence coordinator. The Secretary shall develop online training materials, in addition to the training required under paragraph (5), not later than 1 year after the date of enactment of the Campus Accountability and Safety Act, for the training of sexual and interpersonal violence coordinators. The sexual and interpersonal violence coordinator shall inform the complainant, including in a written format— of the complainant’s rights under Federal and State law; of the complainant’s rights and options pursuant to the policy that the institution of higher education has developed pursuant to clauses
(ii)through
(vii)of section 485(f)(8)(B); of the complainant’s reporting options, including the option to notify a higher education responsible employee, the option to notify local law enforcement, and any other reporting options; a description of the process of investigation and any disciplinary proceeding of the institution that may follow notification of a higher education responsible employee; a description of the process of civil investigation and adjudication of the criminal justice system that may follow notification of law enforcement; a description of the jurisdiction, scope, and possible sanctions of the student disciplinary process of the institution of higher education and of the criminal justice process, including any possible sanctions for complainants, such as laws regarding false reporting, in a victim-centered and trauma-informed manner; that the student disciplinary process of the institution of higher education in not equivalent to, and should not be considered a substitute for, the criminal justice process; any limitations on the ability of the sexual and interpersonal violence coordinator to provide privacy or confidentiality to the complainant under the policies of the institution of higher education, Federal law, or State law; and of a list of local rape crisis centers, victim advocacy centers, sexual and interpersonal violence teams, title IX offices, or similar groups that are based on or near campus and can reasonably be expected to act as a resource for the student. The sexual and interpersonal violence coordinator may, as appropriate— serve as a liaison between a complainant and a higher education responsible employee or law enforcement, provided the sexual and interpersonal violence coordinator has obtained written consent from the complainant who has been fully and accurately informed about what procedures shall occur if information is shared; and assist a complainant in contacting and reporting to a higher education responsible employee or law enforcement. The sexual and interpersonal violence coordinator shall be authorized by the institution to liaise with appropriate staff at the institution to arrange reasonable accommodations through the institution to allow the complainant to change living arrangements or class schedules, obtain accessibility services (including language services), or arrange other accommodations for the complainant. The institution may not require that the complainant report to a law enforcement agency as a condition to grant such accommodations. The sexual and interpersonal violence coordinator shall not be obligated to report crimes to the institution or law enforcement in a way that identifies a complainant or respondent, unless otherwise required to do so by State law. The sexual and interpersonal violence coordinator shall, to the extent authorized under State law, provide confidential services. The institution shall designate as a sexual and interpersonal violence coordinator an individual who has victim advocate privilege under State law (including receipt of any applicable State-required training for that purpose) if there is such an individual employed by the institution. The institution may partner through a formal agreement with an outside organization with the experience described in subparagraph (A)(iii), such as a community-based rape crisis center or other community-based sexual assault service provider, to provide the services described in this paragraph. The sexual and interpersonal violence coordinator shall collect and report anonymized statistics, on an annual basis, unless prohibited by State law. The sexual and interpersonal violence coordinator shall ensure that such reports do not include identifying information and that the confidentiality of a complainant or respondent is not jeopardized through the reporting of such statistics. Any requests for accommodations, as described in subparagraph (G), made by a sexual and interpersonal violence coordinator shall not trigger an investigation by the institution, even if the sexual and interpersonal violence coordinator deals only with matters relating to domestic violence, dating violence, sexual assault, sexual harassment, and stalking. The institution shall appoint an adequate number of sexual and interpersonal violence coordinators not later than the earlier of— 1 year after the Secretary determines through a negotiated rulemaking process what an adequate number of sexual and interpersonal violence coordinators is for an institution based on its size; or 3 years after the date of enactment of the Campus Accountability and Safety Act. As part of the negotiated rulemaking process described in subparagraph (K)(i), the Secretary shall determine a process to allow institutions that enroll fewer than 1,000 students to partner with another institution of higher education in their region or State to provide the services described in this paragraph while ensuring that students continue to have adequate access to a sexual and interpersonal violence coordinator. The institution shall not discipline, penalize, or otherwise retaliate against an individual who reports, in good faith, domestic violence, dating violence, sexual assault, sexual harassment, or stalking to the sexual and interpersonal violence coordinator. Each employee of an institution who receives a report of domestic violence, dating violence, sexual assault, sexual harassment, or stalking shall notify the reporting individual of the existence of, contact information for, and services provided by sexual and interpersonal violence coordinator of the institution. The institution shall list on its website— the name and contact information for the sexual and interpersonal violence coordinator; reporting options, including confidential options, for complainants of domestic violence, dating violence, sexual assault, sexual harassment, or stalking; the process of investigation and disciplinary proceedings of the institution; the process of investigation and adjudication of the criminal justice system; potential reasonable accommodations that the institution may provide to a complainant, as described in paragraph (1)(G); the telephone number and website address for a local, State, or national hotline providing information to complainants (which shall be clearly communicated on the website and shall be updated on a timely basis); the name and location of the nearest medical facility where an individual may have a medical forensic examination administered by a trained sexual assault forensic nurse, including information on transportation options and available reimbursement for a visit to such facility; the institution’s amnesty and retaliation policies; and a list of local rape crisis centers, victim advocacy centers, sexual assault response teams, title IX offices, or similar groups that are based on or near campus and can reasonably be expected to act as a resource for the student. The institution may provide an online reporting system to collect anonymous disclosures of crimes and track patterns of crime on campus. An individual may submit an anonymous report, if they choose to do so, about a specific crime to the institution using the online reporting system, but the institution is only obligated to investigate a specific crime if an individual decides to report the crime to a higher education responsible employee or law enforcement. If the institution uses an online reporting system, the online system shall also include information about how to report a crime to a higher education responsible employee and to law enforcement and how to contact a sexual and interpersonal violence coordinator and any other appropriate on- or off-campus resource. The institution shall provide an amnesty policy for any student who reports, in good faith, domestic violence, dating violence, sexual assault, sexual harassment, or stalking to an institution official, such that the reporting student will not be sanctioned by the institution for a student conduct violation related to alcohol use or drug use that is revealed in the course of such a report and that occurred at or near the time of the commission of the domestic violence, dating violence, sexual assault, sexual harassment, or stalking. A determination of whether a report is made in good faith— shall be made in accordance with regulations established by the Secretary through a negotiated rulemaking process; and shall not include a presumptive finding that a student did not act in good faith based solely on the institution not initiating a disciplinary proceeding based on the student's report. The requirement under subparagraph
(A)shall not preempt the ability of an institution of higher education to establish an amnesty policy for student conduct violations not mentioned in this provision. The institution shall provide information about the amnesty policy of the institution on the website of the institution. Not later than 1 year after the date of enactment of the Campus Accountability and Safety Act, the Secretary, in coordination with the Attorney General and in consultation with national, State, or local victim services organizations and institutions of higher education, shall develop a training program, which may include online training modules, for training— each individual who is involved in implementing an institution of higher education’s student grievance procedures, including each individual who is responsible for resolving complaints of reported domestic violence, dating violence, sexual assault, sexual harassment, or stalking; and each employee of an institution of higher education who has responsibility for conducting an interview with a complainant of domestic violence, dating violence, sexual assault, sexual harassment, or stalking. Such training shall include— information on working with and interviewing persons subjected to domestic violence, dating violence, sexual assault, sexual harassment, or stalking; information on particular types of conduct that would constitute domestic violence, dating violence, sexual assault, sexual harassment, or stalking, regardless of gender, including same-sex incidents of domestic violence, dating violence, sexual assault, sexual harassment, or stalking; information on consent and what factors, including power dynamics, may impact whether consent is voluntarily given, including the ways drugs or alcohol may affect an individual’s ability to consent and information on consent for victims with disabilities or victims who may be neurodivergent; the effects of trauma, including the neurobiology of trauma; training regarding the use of victim-centered, trauma-informed interview techniques; cultural awareness training regarding how domestic violence, dating violence, sexual assault, sexual harassment, and stalking may impact students differently depending on their cultural background; information on cultural competence that addresses the needs of underserved populations (as defined in section 40002 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291 )) in the campus community; and information on sexual assault dynamics, sexual assault perpetrator behavior, and barriers to reporting. Each institution of higher education shall ensure that the individuals and employees described in subparagraph
(A)receive the training described in this paragraph not later than the July 15 that is 1 year after the date that the training program has been developed by the Secretary in accordance with subparagraph (A). Each institution of higher education that receives funds under this Act— shall establish and carry out a uniform process (for each campus of the institution) for student disciplinary proceedings relating to any claims of domestic violence, dating violence, sexual assault, sexual harassment, or stalking against a student who attends the institution; shall not carry out a different disciplinary process on the same campus for domestic violence, dating violence, sexual assault, sexual harassment, or stalking, or alter the uniform process described in subparagraph (A), based on the status or characteristics of a student who will be involved in that disciplinary proceeding, including characteristics such as a student’s membership on an athletic team, academic major, or any other characteristic or status of a student; and may not, as a condition of student participation in a disciplinary proceeding— automatically notify a law enforcement agency of— a receipt of a report of domestic violence, dating violence, sexual assault, sexual harassment, or stalking; or the initiation of a campus disciplinary proceeding; or require cooperation with a law enforcement agency. The institution shall submit, annually, to the Office for Civil Rights of the Department of Education and the Civil Rights Division of the Department of Justice, the name and contact information for the title IX coordinator, including a brief description of the coordinator’s role and the roles of other officials who may be contacted to discuss or report domestic violence, dating violence, sexual assault, sexual harassment, or stalking, and documentation of training received by the title IX coordinator. The educational institution shall provide updated information to the Office for Civil Rights of the Department of Education and the Civil Rights Division of the Department of Justice not later than 30 days after the date of any change. The institution shall provide both the complainant and respondent with written notice of the institution’s decision to proceed with an institutional disciplinary process regarding an allegation of domestic violence, dating violence, sexual assault, sexual harassment, or stalking within 24 hours of such decision, and sufficiently in advance of a disciplinary hearing to provide both the complainant and respondent with the opportunity to meaningfully exercise their rights to a proceeding that is prompt, fair, and impartial, which shall include the opportunity for both parties to present witnesses and other evidence, and any other due process rights afforded to them under institutional policy. The written notice shall include the following: The existence of a complaint, the nature of the conduct upon which the complaint is based, and the date on which the alleged incident occurred. A description of the process for the disciplinary proceeding, including the estimated timeline from initiation to final disposition. A description of the rights and protections available to the complainant and respondent, including those described in section 485(f)(8)(B)(iv) and any other rights or protections that the complainant and respondent may have under the institution’s policies. A copy of the institution’s applicable policies, and, if available, related published informational materials. Name and contact information for an individual at the institution, who is independent of the disciplinary process, to whom the complainant and respondent can submit questions about any of the information described in the written notice of the institutional disciplinary process. The Secretary may impose a civil penalty of not more than 1 percent of an institution’s operating budget, as defined by the Secretary, for each year that the institution fails to carry out the requirements of such paragraph following the effective date described in section 4(b)(1) of the Campus Accountability and Safety Act. The Secretary may impose a civil penalty of not more than 1 percent of an institution’s operating budget, as defined by the Secretary, for each year that the institution fails to carry out the requirements of such paragraphs following the effective date described in section 4(b)(2) of the Campus Accountability and Safety Act. Notwithstanding any other provision of this section, the Secretary may enter into a voluntary resolution with an institution of higher education that is subject to a penalty under this subsection. Any civil penalty under this subsection may be reduced by the Secretary. In determining the amount of such penalty, or the amount agreed upon in compromise, the Secretary of Education shall consider the appropriateness of the penalty to the size of the operating budget of the educational institution subject to the determination, the gravity of the violation or failure, and whether the violation or failure was committed intentionally, negligently, or otherwise. . Paragraph
(1)of section 125(b) of the Higher Education Act of 1965, as added by subsection (a), shall take effect on the date that is the earlier of— 1 year after the Secretary of Education determines through a negotiated rulemaking process what an adequate number of sexual and interpersonal violence coordinators is for an institution based on an institution’s size; or 3 years after the date of enactment of this Act. Paragraphs
(2)through
(8)of section 125(b) of the Higher Education Act of 1965, as added by subsection (a), shall take effect on the date that is 1 year after the date of enactment of this Act. The Secretary of Education shall establish regulations to carry out the provisions of this section, and the amendment made by this section, in accordance with the requirements described under section 492 of the Higher Education Act of 1965 ( 20 U.S.C. 1098a ).
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Sec. 4
University support for survivors of domestic violence, dating violence, sexual assault, sexual harassment, and stalking
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