Sec. 2. Amendments to the Clery Act
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Section 485(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f) ) (known as the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act ) is amended— in paragraph (1)— by inserting which shall include, at a minimum, publication in an easily accessible manner and available in different languages, to be prominently displayed on the website of the institution, after through appropriate publications or mailings, ; in subparagraph (C)— by striking clause
(ii)and inserting the following: if applicable, any memorandum of understanding between the institution and law enforcement, or a description of the working relationship between the institution, campus security personnel, or campus law enforcement and State or local law enforcement agencies; and ; and by moving the margins of clauses
(i)and
(iii)2 ems to the left; in subparagraph (F)— in clause (i)— by redesignating subclauses
(III)through
(IX)as subclauses
(VI)through (XII); and by striking subclause
(II)and inserting the following: rape; fondling; incest; statutory rape; ; and in clause (ii), by striking subclauses
(I)through
(VIII)of clause
(i)and inserting subclauses
(I)through
(XI)of clause
(i); and by adding at the end the following: With respect to the criminal activity described in subclauses
(II)and
(III)of subparagraph (F)(i), the eligible institution shall prepare for the annual security report that is due on the date that is 1 year after the date of enactment of the Campus Accountability and Safety Act, and annually thereafter, the following additions: The number of such incidents where the respondent is a student at the institution. Of the incidents described in subclause (I), the number of such incidents that were reported to the title IX coordinator or other higher education responsible employee of the institution. Of the incidents described in subclause (II), the number of victims who sought campus disciplinary action at the institution. Of the victims described in subclause (III), the number of cases processed through the student and employee disciplinary process of the institution. Of the cases described in subclause (IV), the number of respondents who were found responsible through the student disciplinary process of the institution. Of the cases described in subclause (IV), the number of respondents who were found not responsible through the student disciplinary process of the institution. A description of the final sanctions imposed by the institution for each incident for which a respondent was found responsible through the student disciplinary process of the institution, if such description will not reveal personally identifiable information about an individual student. The number of student disciplinary proceedings at the institution that have closed without resolution since the previous annual security report due to withdrawal from the institution of higher education by the respondent pending resolution of the student disciplinary proceeding. The Secretary shall provide technical assistance to eligible institutions to assist such institutions in meeting the requirements of this subparagraph. ; in paragraph (6)(A), by adding at the end the following: 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 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 to the individual designated as a responsible employee in section 106.8(a) of title 34, Code of Federal Regulations, as such section is in effect on the date of enactment of the Campus Accountability and Safety Act. The term higher education responsible employee means an employee of an institution of higher education who— has the authority to take action to redress domestic violence, dating violence, sexual assault, sexual harassment, or stalking; or has the duty to report domestic violence, dating violence, sexual assault, sexual harassment, or stalking or any other misconduct by students or employees to appropriate school officials. ; by striking paragraph
(7)and inserting the following: The statistics described in clauses (i), (ii), and
(iii)of paragraph (1)(F)— shall not identify complainants or respondents or contain any other information from which complainants or respondents could be identified; and shall be compiled in accordance with the following definitions: For the offenses of domestic violence, dating violence, and stalking, such statistics shall be compiled in accordance with the definitions used in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) ). For the offense of rape, such statistics shall be compiled in accordance with the definition of rape as the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. For the offenses of fondling, incest, and statutory rape, such statistics shall be compiled in accordance with the definition used in the National Incident Based Reporting System. For offenses not described in clause (i), (ii), or (iii), such statistics shall be compiled in accordance with the Uniform Crime Reporting Program of the Department of Justice, Federal Bureau of Investigation, and the modifications to such definitions as implemented pursuant to the Hate Crime Statistics Act ( 34 U.S.C. 41305 ). ; and in paragraph (8)(B)— in clause (i)— in the matter preceding subclause (I), by inserting , developed in consultation with local, State, or national sexual assault, dating violence, domestic violence, and stalking victim advocacy, victim services, or prevention organizations, and local law enforcement, after Education programs ; and in subclause (I)(aa), by inserting , including the fact that these are crimes for the purposes of this subsection and reporting under this subsection, and the institution of higher education will, based on the complainant’s wishes, cooperate with local law enforcement with respect to any alleged criminal offenses involving students or employees of the institution of higher education, including by notifying and obtaining written consent from a complainant who has been fully and accurately informed about what procedures shall occur if information is shared, when the institution of higher education seeks to share information regarding an alleged criminal offenses with a law enforcement agency after stalking ; and in clause (iv)— by redesignating subclauses
(II)and
(III)as subclauses
(III)and (IV), respectively; by inserting after subclause
(I)the following: the institution will comply with the requirements of paragraph (21)(B), and shall include a description of such requirements; ; and in subclause (IV), as redesignated by clause (i), in item (bb), by inserting simultaneously with the notification of the outcome described in item (aa), before the institution's .
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