II 

118TH CONGRESS 

2D SESSION S. 5086 

To amend the Higher Education Act of 1965 to require institutions of 

higher education to have an independent advocate for campus sexual 

assault prevention and response. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 18, 2024 

Mr. KAINE (for himself, Ms. HIRONO, and Ms. BALDWIN) introduced the following bill; which was read twice and referred to the Committee on 

Health, Education, Labor, and Pensions 

A BILL 

To amend the Higher Education Act of 1965 to require 

institutions of higher education to have an independent 

advocate for campus sexual assault prevention and response. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Survivor Outreach and 

5 Support Campus Act’’ or the ‘‘SOS Campus Act’’. 


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1 SEC. 2. INDEPENDENT ADVOCATE FOR CAMPUS SEXUAL AS2 SAULT PREVENTION AND RESPONSE. 

3 Part B of title I of the Higher Education Act of 1965 

4 (20 U.S.C. 1011 et seq.) is amended by adding at the end 

5 the following: 

6 ‘‘SEC. 124. INDEPENDENT ADVOCATE FOR CAMPUS SEXUAL 

7 ASSAULT PREVENTION AND RESPONSE. 

8 ‘‘(a) ADVOCATE.— 

9 ‘‘(1) IN GENERAL.— 

10 ‘‘(A) DESIGNATION.—Each institution of 

11 higher education that receives Federal financial 

12 assistance under title IV shall designate an 

13 independent advocate for campus sexual assault 

14 prevention and response (referred to in this sec15 tion as the ‘Advocate’) who shall be appointed 

16 based on experience and a demonstrated ability 

17 of the individual to effectively provide sexual as18 sault victim services. 

19 ‘‘(B) NOTIFICATION OF EXISTENCE OF

20 AND INFORMATION FOR THE ADVOCATE.—Each 

21 employee of an institution described in subpara22 graph (A) who receives a report of sexual as23 sault shall notify the victim of the existence of, 

24 contact information for, and services provided 

25 by the Advocate of the institution. 


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1 ‘‘(C) APPOINTMENT.—Not later than 180 

2 days after the date of enactment of the Sur3 vivor Outreach and Support Campus Act, the 

4 Secretary shall prescribe regulations for institu5 tions to follow in appointing Advocates under 

6 this section. At a minimum, each Advocate 

7 shall— 

8 ‘‘(i) report to an individual outside the 

9 body responsible for investigating and ad10 judicating sexual assault complaints at the 

11 institution; and 

12 ‘‘(ii) submit to such individual an an13 nual report summarizing how the resources 

14 supplied to the Advocate were used, includ15 ing the number of male and female sexual 

16 assault victims assisted. 

17 ‘‘(2) ROLE OF THE ADVOCATE.—In carrying 

18 out the responsibilities described in this section, the 

19 Advocate shall represent the interests of the student 

20 victim even when in conflict with the interests of the 

21 institution. The Advocate may not be disciplined, pe22 nalized, or otherwise retaliated against by the insti23 tution for representing the interest of the victim, in 

24 the event of a conflict of interest with the institu25 tion. 


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1 ‘‘(b) SEXUAL ASSAULT.—In this section, the term 

2 ‘sexual assault’ means an offense classified as a forcible 

3 or nonforcible sex offense under the uniform crime report4 ing system of the Federal Bureau of Investigation. 

5 ‘‘(c) RESPONSIBILITIES OF THE ADVOCATE.—Each 

6 Advocate shall carry out the following, regardless of 

7 whether the victim wishes the victim’s report to remain 

8 confidential: 

9 ‘‘(1)(A) Ensure that victims of sexual assault at 

10 the institution receive, with the victim’s consent, the 

11 following sexual assault victim’s assistance services 

12 available 24 hours a day: 

13 ‘‘(i) Information on how to report a cam14 pus sexual assault to law enforcement. 

15 ‘‘(ii) Emergency medical care, including 

16 follow up medical care as requested. 

17 ‘‘(iii) Medical forensic or evidentiary ex18 aminations. 

19 ‘‘(B) Ensure that victims of sexual assault at 

20 the institution receive, with the victim’s consent, the 

21 following sexual assault victim’s assistance services: 

22 ‘‘(i) Crisis intervention counseling and on23 going counseling. 

24 ‘‘(ii) Information on the victim’s rights and 

25 referrals to additional support services. 


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1 ‘‘(iii) Information on legal services. 

2 ‘‘(C) Provide the services described in subpara3 graphs (A) and (B) either— 

4 ‘‘(i) pursuant to a memorandum of under5 standing (that includes transportation services) 

6 at a rape crisis center, legal organization, or 

7 other community-based organization located 

8 within a reasonable distance from the institu9 tion; or 

10 ‘‘(ii) on the campus of the institution in 

11 consultation with a rape crisis center, legal or12 ganization, or other community-based organiza13 tion. 

14 ‘‘(D) Ensure that a victim of sexual assault 

15 may not be disciplined, penalized, or otherwise re16 taliated against for reporting such assault to the Ad17 vocate. 

18 ‘‘(2) Guide victims of sexual assault who re19 quest assistance through the reporting, counseling, 

20 administrative, medical and health, academic accom21 modations, or legal processes of the institution or 

22 local law enforcement. 

23 ‘‘(3) Attend, at the request of the victim of sex24 ual assault, any administrative or institution-based 


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1 adjudication proceeding related to such assault as an 

2 advocate for the victim. 

3 ‘‘(4) Maintain the privacy and confidentiality of 

4 the victim and any witness of such sexual assault, 

5 and shall not notify the institution or any other au6 thority of the identity of the victim or any such wit7 ness or the alleged circumstances surrounding the 

8 reported sexual assault, unless otherwise required by 

9 the applicable laws in the State where such institu10 tion is located. 

11 ‘‘(5) Conduct a public information campaign to 

12 inform the students enrolled at the institution of the 

13 existence of, contact information for, and services 

14 provided by the Advocate, including— 

15 ‘‘(A) posting information— 

16 ‘‘(i) on the website of the institution; 

17 ‘‘(ii) in student orientation materials; 

18 and 

19 ‘‘(iii) on posters displayed in dor20 mitories, cafeterias, sports arenas, locker 

21 rooms, entertainment facilities, and class22 rooms; and 

23 ‘‘(B) training coaches, faculty, school ad24 ministrators, resident advisors, and other staff 

25 to provide information on the existence of, conVerDate Sep 11 2014 15:45 Sep 21, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S5086.IS S5086

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1 tact information for, and services provided by 

2 the Advocate. 

3 ‘‘(d) CLERY ACT AND TITLE IX.—Nothing in this 

4 section shall alter or amend the rights, duties, and respon5 sibilities under section 485(f) or title IX of the Education 

6 Amendments of 1972 (20 U.S.C. 1681 et seq.) (also 

7 known as the ‘Patsy Takemoto Mink Equal Opportunity 

8 in Education Act’).’’. 

Æ 


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