II 

113TH CONGRESS 

1ST SESSION S. 128 

To amend the Higher Education Act of 1965 to improve education and 

prevention related to campus sexual violence, domestic violence, dating 

violence, and stalking. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 24 (legislative day, JANUARY 3), 2013 

Mr. CASEY (for himself, Mr. BENNET, Mr. LAUTENBERG, Ms. MIKULSKI, 

Mrs. MURRAY, Mrs. BOXER, Ms. KLOBUCHAR, and Mr. BEGICH) 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 improve 

education and prevention related to campus sexual violence, domestic violence, dating violence, and stalking. 

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 ‘‘Campus Sexual Vio5 lence Elimination Act’’. 


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1 SEC. 2. CAMPUS SEXUAL VIOLENCE, DOMESTIC VIOLENCE, 

2 DATING VIOLENCE, AND STALKING EDU3 CATION AND PREVENTION. 

4 (a) IN GENERAL.—Section 485(f) of the Higher Edu5 cation Act of 1965 (20 U.S.C. 1092(f)) is amended— 

6 (1) in paragraph (1)— 

7 (A) in subparagraph (C)(iii), by striking 

8 the period at the end and inserting ‘‘, when the 

9 victim of such crime elects or is unable to make 

10 such a report.’’; and 

11 (B) in subparagraph (F)— 

12 (i) in clause (i)(VIII), by striking 

13 ‘‘and’’ after the semicolon; 

14 (ii) in clause (ii)— 

15 (I) by striking ‘‘sexual orienta16 tion’’ and inserting ‘‘national origin, 

17 sexual orientation, gender identity,’’; 

18 and 

19 (II) by striking the period and 

20 inserting ‘‘; and’’; and 

21 (iii) by adding at the end the fol22 lowing: 

23 ‘‘(iii) of domestic violence, dating vio24 lence, and stalking incidents that were re25 ported to campus security authorities or 

26 local police agencies.’’; 


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1 (2) in paragraph (3), by inserting ‘‘, that with2 holds the names of victims as confidential,’’ after 

3 ‘‘that is timely’’; 

4 (3) in paragraph (6)(A)— 

5 (A) by redesignating clauses (i), (ii), and 

6 (iii) as clauses (ii), (iii), and (iv), respectively; 

7 (B) by inserting before clause (ii), as re8 designated by subparagraph (A), the following: 

9 ‘‘(i) The terms ‘dating violence’, ‘domestic vio10 lence’, and ‘stalking’ have the meaning given such 

11 terms in section 40002(a) of the Violence Against 

12 Women Act of 1994 (42 U.S.C. 13925(a)).’’; and 

13 (C) by inserting after clause (iv), as redes14 ignated by subparagraph (A), the following: 

15 ‘‘(v) The term ‘sexual assault’ means an offense 

16 classified as a forcible or nonforcible sex offense 

17 under the uniform crime reporting system of the 

18 Federal Bureau of Investigation.’’; 

19 (4) in paragraph (7)— 

20 (A) by striking ‘‘paragraph (1)(F)’’ and in21 serting ‘‘clauses (i) and (ii) of paragraph 

22 (1)(F)’’; and 

23 (B) by inserting after ‘‘Hate Crime Statis24 tics Act.’’ the following: ‘‘For the offenses of 

25 domestic violence, dating violence, and stalking, 


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1 such statistics shall be compiled in accordance 

2 with the definitions used in section 40002(a) of 

3 the Violence Against Women Act of 1994 (42 

4 U.S.C. 13925(a)).’’; 

5 (5) by striking paragraph (8) and inserting the 

6 following: 

7 ‘‘(8)(A) Each institution of higher education partici8 pating in any program under this title, other than a for9 eign institution of higher education, shall develop and dis10 tribute as part of the report described in paragraph (1) 

11 a statement of policy regarding— 

12 ‘‘(i) such institution’s programs to prevent do13 mestic violence, dating violence, sexual assault, and 

14 stalking; and 

15 ‘‘(ii) the procedures that such institution will 

16 follow once an incident of domestic violence, dating 

17 violence, sexual assault, or stalking has been re18 ported, including a statement of the standard of evi19 dence that will be used during any institutional con20 duct proceeding arising from such a report. 

21 ‘‘(B) The policy described in subparagraph (A) shall 

22 address the following areas: 

23 ‘‘(i) Education programs to promote the aware24 ness of rape, acquaintance rape, domestic violence, 


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1 dating violence, sexual assault, and stalking, which 

2 shall include— 

3 ‘‘(I) primary prevention and awareness 

4 programs for all incoming students and new 

5 employees, which shall include— 

6 ‘‘(aa) a statement that the institution 

7 of higher education prohibits the offenses 

8 of domestic violence, dating violence, sex9 ual assault, and stalking; 

10 ‘‘(bb) the definition of domestic vio11 lence, dating violence, sexual assault, and 

12 stalking in the applicable jurisdiction; 

13 ‘‘(cc) the definition of consent, in ref14 erence to sexual activity, in the applicable 

15 jurisdiction; 

16 ‘‘(dd) safe and positive options for by17 stander intervention that may be carried 

18 out by an individual to prevent harm or in19 tervene when there is a risk of domestic vi20 olence, dating violence, sexual assault, or 

21 stalking against a person other than such 

22 individual; 

23 ‘‘(ee) information on risk reduction to 

24 recognize warning signs of abusive behav25 ior and how to avoid potential attacks; and 


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1 ‘‘(ff) the information described in 

2 clauses (ii) through (vii); and 

3 ‘‘(II) ongoing prevention and awareness 

4 campaigns for students and faculty, including 

5 information described in items (aa) through (ff) 

6 of subclause (I). 

7 ‘‘(ii) Possible sanctions or protective measures 

8 that such institution may impose following a final 

9 determination of an institutional disciplinary proce10 dure regarding rape, acquaintance rape, domestic vi11 olence, dating violence, sexual assault, or stalking. 

12 ‘‘(iii) Procedures victims should follow if a sex 

13 offense, domestic violence, dating violence, sexual as14 sault, or stalking has occurred, including informa15 tion in writing about— 

16 ‘‘(I) the importance of preserving evidence 

17 as may be necessary to the proof of criminal do18 mestic violence, dating violence, sexual assault, 

19 or stalking, or in obtaining a protection order; 

20 ‘‘(II) to whom the alleged offense should 

21 be reported; 

22 ‘‘(III) options regarding law enforcement 

23 and campus authorities, including notification 

24 of the victim’s option to— 


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1 ‘‘(aa) notify proper law enforcement 

2 authorities, including on-campus and local 

3 police; 

4 ‘‘(bb) be assisted by campus authori5 ties in notifying law enforcement authori6 ties if the victim so chooses; and 

7 ‘‘(cc) decline to notify such authori8 ties; and 

9 ‘‘(IV) where applicable, the rights of vic10 tims and the institution’s responsibilities re11 garding orders of protection, no contact orders, 

12 restraining orders, or similar lawful orders 

13 issued by a criminal, civil, or tribal court. 

14 ‘‘(iv) Procedures for institutional disciplinary 

15 action in cases of alleged domestic violence, dating 

16 violence, sexual assault, or stalking, which shall in17 clude a clear statement that— 

18 ‘‘(I) such proceedings shall— 

19 ‘‘(aa) provide a prompt, fair, and im20 partial investigation and resolution; 

21 ‘‘(bb) be conducted by officials who 

22 receive annual training on the issues re23 lated to domestic violence, dating violence, 

24 sexual assault, and stalking and how to 

25 conduct an investigation and hearing procVerDate Mar 15 2010 01:30 Jan 30, 2013 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S128.IS S128

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1 ess that protects the safety of victims and 

2 promotes accountability; and 

3 ‘‘(cc) use the preponderance of the 

4 evidence standard; 

5 ‘‘(II) the accuser and the accused are enti6 tled to the same opportunities to have others 

7 present during an institutional disciplinary pro8 ceeding, including the opportunity to be accom9 panied to any related meeting or proceeding by 

10 an advisor of their choice; and 

11 ‘‘(III) both the accuser and the accused 

12 shall be simultaneously informed, in writing, 

13 of— 

14 ‘‘(aa) the outcome of any institutional 

15 disciplinary proceeding that arises from an 

16 allegation of domestic violence, dating vio17 lence, sexual assault, or stalking; 

18 ‘‘(bb) the institution’s procedures for 

19 the accused and the victim to appeal the 

20 results of the institutional disciplinary pro21 ceeding; 

22 ‘‘(cc) any change to the results that 

23 occurs prior to the time that such results 

24 become final; and 

25 ‘‘(dd) when such results become final. 


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1 ‘‘(v) Information about how the institution will 

2 protect the confidentiality of victims, including how 

3 publicly available recordkeeping will be accomplished 

4 without the inclusion of identifying information 

5 about the victim, to the extent permissible by law. 

6 ‘‘(vi) Written notification of students and em7 ployees about existing counseling, health, mental 

8 health, victim advocacy, legal assistance, and other 

9 services available for victims both on-campus and in 

10 the community. 

11 ‘‘(vii) Written notification of victims about op12 tions for, and available assistance in, changing aca13 demic, living, transportation, and working situations, 

14 if so requested by the victim and if such accom15 modations are reasonably available, regardless of 

16 whether the victim chooses to report the crime to 

17 campus police or local law enforcement. 

18 ‘‘(C) A student or employee who reports to an institu19 tion of higher education that the student or employee has 

20 been a victim of domestic violence, dating violence, sexual 

21 assault, or stalking, whether the offense occurred on or 

22 off campus, shall be provided with a written explanation 

23 of the student or employee’s rights and options, as de24 scribed in clauses (ii) through (vii) of subparagraph (B).’’; 


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1 (6) in paragraph (9), by striking ‘‘The Sec2 retary’’ and inserting ‘‘The Secretary, in consulta3 tion with the Attorney General of the United 

4 States,’’; 

5 (7) by striking paragraph (16) and inserting 

6 the following: 

7 ‘‘(16)(A) The Secretary shall seek the advice and 

8 counsel of the Attorney General of the United States con9 cerning the development, and dissemination to institutions 

10 of higher education, of best practices information about 

11 campus safety and emergencies. 

12 ‘‘(B) The Secretary shall seek the advice and counsel 

13 of the Attorney General of the United States and the Sec14 retary of Health and Human Services concerning the de15 velopment, and dissemination to institutions of higher 

16 education, of best practices information about preventing 

17 and responding to incidents of domestic violence, dating 

18 violence, sexual assault, and stalking, including elements 

19 of institutional policies that have proven successful based 

20 on evidence-based outcome measurements.’’; and 

21 (8) by striking paragraph (17) and inserting 

22 the following: 

23 ‘‘(17) No officer, employee, or agent of an institution 

24 participating in any program under this title shall retali25 ate, intimidate, threaten, coerce, or otherwise discriminate 


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1 against any individual for exercising their rights or re2 sponsibilities under any provision of this subsection.’’. 

3 (b) EFFECTIVE DATE.—The amendments made by 

4 this section shall take effect with respect to the annual 

5 security report under section 485(f)(1) of the Higher Edu6 cation Act of 1965 (20 U.S.C. 1092(f)(1)) prepared by 

7 an institution of higher education 1 calendar year after 

8 the date of enactment of this Act, and each subsequent 

9 calendar year. 

Æ 


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