Sec. 5. Annual report on allegations of discrimination and sex-based harassment in JROTC programs
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Section 2031 of title 10, United States Code, as amended by section 2 of this Act, is further amended by adding at the end the following new subsection: Not later than March 31 each year, the Secretary of Defense and the Secretary of Education shall submit to the appropriate congressional committees a report on allegations of sex-based harassment (including sexual harassment, sexual assault, domestic violence, dating violence, and stalking) and discriminatory harassment based on disability, race, color, national origin, and other sex-based harassment, including sexual orientation, gender identity, transgender status, pregnancy, and related medical conditions in all JROTC programs during the preceding year.
Each report required under paragraph
(1)shall set forth the following: The number of reported allegations of a possible violation under title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ) in school-affiliated JROTC programs, including— the number of such reported allegations that were investigated; the outcome of those investigations; the number of allegations the Department of Defense, military services, or Department of Education received directly from students or third parties, including whether the individual making the report raised concerns that the institution had not properly investigated the incident or reported it to proper authorities within and outside of the school on any initial allegation that was reported to the institution; and the number of such reported allegations by State, including the District of Columbia, Puerto Rico, American Samoa, Guam, Northern Mariana Islands, and United States Virgin Islands, in which these reports occurred. The number of reports that the Department of Defense, military services, or Department of Education have received during the reporting period involving allegations of sex-based harassment (including sexual harassment, sexual assault, domestic violence, dating violence, and stalking), harassment based on disability, race, color, national origin, and other sex-based harassment, including sexual orientation, gender identity, transgender status, pregnancy and related medical conditions, by instructors against students in the JROTC program, including— the type of incident; the military service; the number of instructors and number of allegations they each received; the number of reports of sex-based harassment (including sexual harassment, sexual assault, domestic violence, dating violence, and stalking), harassment based on disability, race, color, national origin, and other sex-based harassment, including sexual orientation, gender identity, transgender status, pregnancy and related medical conditions, that have been investigated; the number of reports or investigations that have led to the removal of instructors from JROTC programs; the number of allegations the Department of Defense received directly from students or third parties, including whether the individual making the report raised concerns the institution had not properly investigated the incident or reported it to proper authorities within and outside of the school on any initial allegation that was reported to the institution; and the number of such reported allegations by State, including the District of Columbia, in which these reports occurred. The number of reports that the Department of Defense, military services, or Department of Education have received during the reporting period involving allegations of sex-based harassment (including sexual harassment, sexual assault, domestic violence, dating violence, and stalking), harassment based on disability, race, color, national origin, and other sex-based harassment, including sexual orientation, gender identity, transgender status, pregnancy, and related medical conditions, by students against students in the JROTC program, including— the type of incident; the military service; the number of students who were alleged to have committed such acts and the number of allegations that each student received; the number of reports of sex-based harassment (including sexual harassment, sexual assault, domestic violence, dating violence, and stalking), harassment based on disability, race, color, national origin, and other sex-based harassment, including sexual orientation, gender identity, transgender status, pregnancy and related medical conditions, that have been investigated; the number of reports or investigations that have led to the removal of students who were alleged to have committed such acts or students who were alleged victims of those acts from the JROTC program; the number of allegations the Department of Defense or Department of Education received directly from students or third parties, including whether the individual making the report raised concerns the institution had not properly investigated the incident or reported it to proper authorities within and outside of the school on any initial allegation that was reported to the institution; and the number of such reported allegations by State, including the District of Columbia, Puerto Rico, American Samoa, Guam, Northern Mariana Islands, and United States Virgin Islands in which these reports occurred. Any steps the Department of Defense and the Department of Education have taken to mitigate sex-based harassment (including sexual harassment, sexual assault, domestic violence, dating violence, and stalking) in JROTC programs during the preceding year. Each report required under paragraph
(1)shall be submitted in unclassified form and may not be marked as controlled unclassified information. Each secondary school (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7081 )) participating in the JROTC program under this chapter that receives funding under title I of the Elementary and Secondary Education Act of 1965 shall develop and submit to the Secretary of Defense and the Secretary of Education for inclusion in the report required under paragraph
(1)a statement of policy regarding— the secondary school’s programs to prevent sex-based harassment (including sexual harassment, sexual assault, domestic violence, dating violence, and stalking), harassment based on disability, race, color, national origin, and other sex-based harassment, including sexual orientation, gender identity, transgender status, pregnancy and related medical conditions; the JROTC program’s provision of evidence-based training to JROTC recruits, in coordination with school-based mental health services providers as defined in section 4102(6) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7012(6) ), if applicable, regarding— the mental health resources and services made available to them; mental health education; and methods that students can use to seek help for themselves and others, including for sex-based harassment (including sexual harassment, sexual assault, domestic violence, dating violence, and stalking), harassment based on disability, race, color, national origin, and other sex-based harassment, including sexual orientation, gender identity, transgender status, pregnancy and related medical conditions; and the procedures that the secondary school will follow once an allegation of sex-based harassment (including sexual harassment, sexual assault, domestic violence, dating violence, and stalking), harassment based on disability, race, color, national origin, or other sex-based harassment, including sexual orientation, gender identity, transgender status, pregnancy and related medical conditions, has been reported, including a statement of the standard of evidence that will be used during any school conduct proceeding arising from the report. The Secretary of Defense and the Secretary of Education shall annually report to the authorizing committees regarding compliance with this subsection by the JROTC program, including an up-to-date report on the Secretary’s monitoring of such compliance. The Secretary of Defense and the Secretary of Education shall seek the advice and counsel of the Attorney General concerning the development and dissemination to the JROTC program of best practices information about campus safety and emergencies related to sexual misconduct. The Secretary of Defense and the Secretary of Education shall seek the advice and counsel of the Attorney General and the Secretary of Health and Human Services concerning the development and dissemination to the JROTC program of best practices information about preventing and responding to incidents of sex-based harassment (including sexual harassment, sexual assault, domestic violence, dating violence, and stalking), harassment based on disability, race, color, national origin, and other sex-based harassment, including sexual orientation, gender identity, transgender status, pregnancy and related medical conditions, including elements of institutional policies that have proven successful based on evidence-based outcome measurements. No officer, employee, or agent of an institution participating in any program under this chapter shall retaliate, intimidate, threaten, coerce, or otherwise discriminate against any individual for exercising their rights or responsibilities under any provision of this subsection. Each report required under paragraph
(1)shall include all reported incidents of retaliation against reporters of the key prohibitions outlined in paragraph (2). Each individual who exercised their rights or responsibilities to report under any provision in this subsection shall be offered mental health assistance from a school-based mental health services provider as defined in section 4102(6) of the Elementary and Secondary Education Act of 1965. In this subsection, the term appropriate congressional committees means— the Committee on Armed Services and the Committee on Health, Education, Labor, and Pensions of the Senate; and the Committee on Armed Services and the Committee on Education and the Workforce of the House of Representatives. .
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- 20 USC 7081
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Sec. 5
Annual report on allegations of discrimination and sex-based harassment in JROTC programs
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