I 

112TH CONGRESS 

1ST SESSION H. R. 2016 

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 HOUSE OF REPRESENTATIVES 

MAY 26, 2011 

Mrs. MALONEY (for herself, Mr. DUNCAN of Tennessee, Mr. COSTA, Mr. 

MCGOVERN, Mr. GRIJALVA, and Mrs. MCCARTHY of New York) introduced the following bill; which was referred to the Committee on Education and the Workforce 

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’’ or the ‘‘Campus SaVE Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


tjames on DSKG8SOYB1PROD with BILLS
2 

•HR 2016 IH

1 (1) Between 20 and 25 percent of female stu2 dents will experience some form of sexual assault 

3 during their years at an institution of higher edu4 cation, and nearly 3 percent of all such women be5 come victims of either attempted or completed rape 

6 in each 9-month academic year. 

7 (2) Multiple studies indicate that lesbian, gay, 

8 bisexual, and transgender (LGBT) students are 

9 more likely to experience violence and threats of vio10 lence, including sexual violence, than their non11 LGBT peers. 

12 (3) Between 85 and 90 percent of reported sex13 ual assaults against female students at institutions 

14 of higher education are perpetrated by someone 

15 known to the victim, and nearly half of such sexual 

16 assaults occur on a date. 

17 (4) Less than 5 percent of rapes or attempted 

18 rapes of female students at institutions of higher 

19 education are reported to campus authorities or law 

20 enforcement. In 2009, only 2,578 forcible sex of21 fenses and 68 non-forcible sex offenses that occurred 

22 on the campus of a 2-year or 4-year institution of 

23 higher education were reported, among 8,476 2-year 

24 and 4-year public and private institutions of higher 

25 education. 


tjames on DSKG8SOYB1PROD with BILLS
3 

•HR 2016 IH

1 (5) Students are more likely to report a sexual 

2 assault when they know how to report a sexual as3 sault and how a school will respond if such a report 

4 is made, yet fewer than half of the institutions of 

5 higher education in the United States have written 

6 policies for filing criminal charges and campus re7 ports related to sexual assault. 

(6) Only 1 8 ⁄3 of the institutions of higher edu9 cation in the United States report their crime statis10 tics correctly, resulting in statistics in which in11 stances of sexual assault have been misclassified and 

12 underrepresented. Less than half of all institutions 

13 of higher education in the United States offer any 

14 sexual assault training, and such training is often 

15 provided only for resident advisers and security offi16 cers. 

17 (7) Thirty-six percent of institutions of higher 

18 education offer safety training that includes teaching 

19 students how to prevent and defend against sexual 

20 assault. 

21 (8) Less than 20 percent of institutions of high22 er education educate students about acquaintance 

23 rape, and less than half of 4-year public institutions 

24 do so. 


tjames on DSKG8SOYB1PROD with BILLS
4 

•HR 2016 IH

1 (9) According to campus administrators, the re2 porting of sexual assaults would be facilitated if in3 stitutions of higher education provided services for 

4 victims, written law enforcement response proce5 dures, new student orientation, and campus-wide 

6 publicity about past crimes. 

7 (10) While dating, domestic, and sexual violence 

8 affect women regardless of their age, teens and 

9 young women are especially vulnerable. 

10 (11) Women of all ages are at risk for domestic 

11 and sexual violence, and women ages 20 to 24 are 

12 at the greatest risk of experiencing nonfatal intimate 

13 partner violence. 

14 (12) Individuals ages 18 and 19 experience the 

15 highest rates of stalking. 

16 SEC. 3. CAMPUS SEXUAL VIOLENCE, DOMESTIC VIOLENCE, 

17 DATING VIOLENCE, AND STALKING EDU18 CATION AND PREVENTION. 

19 Section 485(f) of the Higher Education Act of 1965 

20 (20 U.S.C. 1092(f)) is amended— 

21 (1) in paragraph (1)— 

22 (A) in the matter preceding subparagraph 

23 (A)— 

24 (i) by striking ‘‘on August 1, 1991, 

25 begin to’’; and 


tjames on DSKG8SOYB1PROD with BILLS
5 

•HR 2016 IH

1 (ii) by striking ‘‘beginning September 

2 1, 1992, and each year thereafter,’’ and in3 serting ‘‘, by October 1 of each year,’’; 

4 (B) by striking subparagraph (A) and in5 serting the following: 

6 ‘‘(A) A statement of current campus policies re7 garding procedures and facilities for students, em8 ployees, and others in the campus community to re9 port criminal actions or other emergencies occurring 

10 on campus, on public property, and in or on non11 campus buildings or property, and policies con12 cerning the institution’s response to such reports.’’; 

13 (C) in subparagraph (C)(iii), by striking 

14 the period at the end and adding at the end ‘‘, 

15 when the victim of such crime elects to make 

16 such a report.’’; 

17 (D) in subparagraph (F)— 

18 (i) by striking ‘‘and’’ at the end of 

19 clause (i)(IX); 

20 (ii) by striking the period at the end 

21 of clause (ii) and inserting ‘‘; and’’; and 

22 (iii) by adding at the end the fol23 lowing: 

24 ‘‘(iii) of domestic violence, dating violence, 

25 and stalking incidents that were reported to 


tjames on DSKG8SOYB1PROD with BILLS
6 

•HR 2016 IH

1 campus security authorities or local police agen2 cies.’’; and 

3 (E) in subparagraph (I), by striking ‘‘sec4 tion 170101(j)’’ through the end, and inserting 

5 ‘‘the Jacob Wetterling, Megan Nicole Kanka, 

6 and Pam Lychner Sex Offender Registration 

7 and Notification Program established under the 

8 Adam Walsh Child Protection and Safety Act of 

9 2006 (42 U.S.C. 16901 et seq.) concerning reg10 istered sex offenders enrolled or working at the 

11 institution may be obtained, such as the law en12 forcement office of the institution, a local law 

13 enforcement agency with jurisdiction for the 

14 campus, or a Web site.’’; 

15 (2) in paragraph (3), by inserting ‘‘, that with16 holds the names of victims as confidential,’’ after 

17 ‘‘that is timely’’; 

18 (3) in paragraph (5)(A), by striking ‘‘Sep19 tember 1, 2000’’ and inserting ‘‘December 31, 

20 2012’’; 

21 (4) by striking paragraph (6)(A) and inserting 

22 the following: 

23 ‘‘(6)(A) In this subsection: 

24 ‘‘(i) The term ‘awareness program’ means any 

25 program designed to alert students at an institution 


tjames on DSKG8SOYB1PROD with BILLS
7 

•HR 2016 IH

1 of higher education to the prevalence of domestic vi2 olence, dating violence, sexual assault, or stalking, 

3 including— 

4 ‘‘(I) discussions of the nature and number 

5 of cases of domestic violence, dating violence, 

6 sexual assault, and stalking at such institution 

7 in the 3 preceding calendar years; 

8 ‘‘(II) statistics on the outcomes of discipli9 nary proceedings for such cases at such institu10 tion; and 

11 ‘‘(III) risk factors associated with such 

12 cases, including physically, sexually, and psy13 chologically controlling behavior. 

14 ‘‘(ii) The term ‘bystander intervention’ means 

15 safe and positive options that may be carried out by 

16 an individual to prevent harm or intervene when 

17 there is a risk of domestic violence, dating violence, 

18 sexual assault, or stalking against a person other 

19 than such individual. 

20 ‘‘(iii) The term ‘campus’ means— 

21 ‘‘(I) any building or property owned or 

22 controlled by an institution of higher education 

23 within the same reasonably contiguous geo24 graphic area of the institution and used by the 

25 institution in direct support of, or in a manner 


tjames on DSKG8SOYB1PROD with BILLS
8 

•HR 2016 IH

1 related to, the institution’s educational pur2 poses, including residence halls; and 

3 ‘‘(II) property within the same reasonably 

4 contiguous geographic area of the institution 

5 that is owned by the institution but controlled 

6 by another person, is used by students, and 

7 supports institutional purposes (such as a food 

8 or other retail vendor). 

9 ‘‘(iv) The term ‘dating violence’ has the mean10 ing given the term in section 40002(a) of the Vio11 lence Against Women Act of 1994 (42 U.S.C. 

12 13925(a)). 

13 ‘‘(v) The term ‘domestic violence’ has the mean14 ing given the term in section 40002(a) of the Vio15 lence Against Women Act of 1994 (42 U.S.C. 

16 13925(a)). 

17 ‘‘(vi) The term ‘noncampus building or prop18 erty’ means— 

19 ‘‘(I) any building or property owned or 

20 controlled by a student organization recognized 

21 by the institution; and 

22 ‘‘(II) any building or property (other than 

23 a branch campus) owned or controlled by an in24 stitution of higher education that is used in di25 rect support of, or in relation to, the instituVerDate Mar 15 2010 04:38 Jun 02, 2011 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2016.IH H2016

tjames on DSKG8SOYB1PROD with BILLS
9 

•HR 2016 IH

1 tion’s educational purposes, is used by students, 

2 and is not within the same reasonably contig3 uous geographic area of the institution. 

4 ‘‘(vii) The term ‘primary prevention’ means 

5 programming and strategies intended to stop domes6 tic violence, dating violence, sexual assault, or stalk7 ing before it occurs through the changing of social 

8 norms and other approaches. 

9 ‘‘(viii) The term ‘public property’ means all 

10 public property that is within the same reasonably 

11 contiguous geographic area of the institution, such 

12 as a sidewalk, a street, other thoroughfare, or park13 ing facility, and is adjacent to a facility owned or 

14 controlled by the institution if the facility is used by 

15 the institution in direct support of, or in a manner 

16 related to the institution’s educational purposes. 

17 ‘‘(ix) The term ‘results’ means a decision or de18 termination, made by an honor court or council, 

19 committee, commission, or other entity authorized to 

20 resolve disciplinary matters within an institution of 

21 higher education. 

22 ‘‘(x) The term ‘risk reduction’ means options 

23 for recognizing warning signs of abusive behavior, 

24 and how to avoid potential attacks. 


tjames on DSKG8SOYB1PROD with BILLS
10 

•HR 2016 IH

1 ‘‘(xi) The term ‘sexual assault’ means an of2 fense classified as a forcible or nonforcible sex of3 fense under the uniform crime reporting system of 

4 the Federal Bureau of Investigation. 

5 ‘‘(xii) The term ‘stalking’ has the meaning 

6 given the term in section 40002(a) of the Violence 

7 Against Women Act of 1994 (42 U.S.C. 

8 13925(a)).’’; 

9 (5) in paragraph (7)— 

10 (A) by striking ‘‘paragraph (1)(F)’’ and in11 serting ‘‘clauses (i) and (ii) of paragraph 

12 (1)(F)’’; and 

13 (B) by inserting after ‘‘Hate Crime Statis14 tics Act.’’ the following: ‘‘For the offenses of 

15 domestic violence, dating violence, and stalking, 

16 such statistics shall be compiled in accordance 

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

18 the Violence Against Women Act of 1994 (42 

19 U.S.C. 13925(a)).’’; 

20 (6) by striking paragraph (8) and inserting the 

21 following: 

22 ‘‘(8)(A) Each institution of higher education partici23 pating in any program under this title, other than a for24 eign institution of higher education, shall develop and disVerDate Mar 15 2010 04:38 Jun 02, 2011 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2016.IH H2016

tjames on DSKG8SOYB1PROD with BILLS
11 

•HR 2016 IH

1 tribute as part of the report described in paragraph (1) 

2 a statement of policy regarding— 

3 ‘‘(i) such institution’s programs to prevent do4 mestic violence, dating violence, sexual assault, or 

5 stalking; and 

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

7 follow once an incident of domestic violence, dating 

8 violence, sexual assault, or stalking has been re9 ported, which shall include— 

10 ‘‘(I) providing, in writing, to each student 

11 or employee who reports to the institution that 

12 he or she has been a victim of domestic vio13 lence, dating violence, sexual assault, or stalk14 ing— 

15 ‘‘(aa) an explanation of— 

16 ‘‘(AA) the right of victims of 

17 such offenses to notify proper law en18 forcement authorities, including on19 campus and local police; 

20 ‘‘(BB) the option to be assisted 

21 by campus authorities in notifying 

22 such authorities if the student or em23 ployee so chooses; and 


tjames on DSKG8SOYB1PROD with BILLS
12 

•HR 2016 IH

1 ‘‘(CC) the right of victims of 

2 such offenses to not notify such au3 thorities; 

4 ‘‘(bb) an explanation of the right of 

5 victims of such offenses, when relevant, to 

6 seek an order of protection, no contact 

7 order, restraining order, or similar lawful 

8 order issued by a criminal, civil, or tribal 

9 court or enforce an order already in exist10 ence; 

11 ‘‘(cc) contact information for victim 

12 advocacy, counseling, health, mental 

13 health, legal assistance, and other services 

14 available to victims both on-campus and in 

15 the local community; 

16 ‘‘(dd) an explanation of the avail17 ability of a victims’ rights advocate to as18 sist in reporting an incident and in locat19 ing and utilizing victim services; 

20 ‘‘(ee) an explanation of the institu21 tion’s disciplinary process; and 

22 ‘‘(ff) suggested safety planning (in23 cluding a change in residence, class sched24 ule, and travel) and individuals at the in25 stitution and in the local community who 


tjames on DSKG8SOYB1PROD with BILLS
13 

•HR 2016 IH

1 can assist the victim in implementing safe2 ty planning; 

3 ‘‘(II) a description of how such institution 

4 shall help to enforce any order of protection, no 

5 contact order, restraining order, or similar law6 ful order issued by any criminal, civil, or tribal 

7 court, if the victim has informed such institu8 tion of such order; and 

9 ‘‘(III) information about how the institu10 tion will protect the confidentiality of victims, 

11 including how publicly available recordkeeping 

12 will be accomplished without the inclusion of 

13 identifying information about the victim, to the 

14 extent permissible by law. 

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

16 address the following areas: 

17 ‘‘(i) Education programs to promote the aware18 ness of the offenses of domestic violence, dating vio19 lence, sexual assault, and stalking, which shall in20 clude— 

21 ‘‘(I) primary prevention and awareness 

22 programs for all incoming students and new 

23 employees, which shall include— 

24 ‘‘(aa) a statement that the institution 

25 of higher education prohibits the offenses 


tjames on DSKG8SOYB1PROD with BILLS
14 

•HR 2016 IH

1 of domestic violence, dating violence, sex2 ual assault, and stalking; 

3 ‘‘(bb) the definition of domestic vio4 lence, dating violence, sexual assault, and 

5 stalking; 

6 ‘‘(cc) the definition of consent in ref7 erence to sexual activity; 

8 ‘‘(dd) information about reporting 

9 such offenses, including such offenses that 

10 occur on and off campus; 

11 ‘‘(ee) the elements of healthy relation12 ships and the right of individuals to live 

13 without the fear of becoming a victim of 

14 domestic violence, dating violence, sexual 

15 assault, or stalking; 

16 ‘‘(ff) bystander intervention; and 

17 ‘‘(gg) risk reduction; and 

18 ‘‘(II) ongoing prevention and awareness 

19 campaigns for students and faculty, including 

20 information described in items (aa) through 

21 (gg) of subclause (I). 

22 ‘‘(ii) Possible sanctions or protective measures 

23 that such institution may impose following the final 

24 determination of an institutional disciplinary proceVerDate Mar 15 2010 04:38 Jun 02, 2011 Jkt 099200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H2016.IH H2016

tjames on DSKG8SOYB1PROD with BILLS
15 

•HR 2016 IH

1 dure regarding domestic violence, dating violence, 

2 sexual assault, or stalking. 

3 ‘‘(iii) Procedures’ victims should follow if do4 mestic violence, dating violence, sexual assault, or 

5 stalking occurs, including information about the im6 portance of preserving evidence as may be necessary 

7 to the proof of criminal domestic violence, dating vi8 olence, sexual assault, or stalking, or in obtaining a 

9 protection order. 

10 ‘‘(iv) Information about to whom the alleged 

11 domestic violence, dating violence, sexual assault, or 

12 stalking should be reported. 

13 ‘‘(v) Procedures for institutional disciplinary ac14 tion in cases of an alleged incident of domestic vio15 lence, dating violence, sexual assault, or stalking, 

16 which shall include a clear statement that— 

17 ‘‘(I) such proceedings shall— 

18 ‘‘(aa) provide a prompt and equitable 

19 resolution; 

20 ‘‘(bb) be conducted by officials who 

21 receive annual training on the issues re22 lated to domestic violence, dating violence, 

23 sexual assault, and stalking and how to 

24 conduct an investigation and hearing procVerDate Mar 15 2010 04:38 Jun 02, 2011 Jkt 099200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H2016.IH H2016

tjames on DSKG8SOYB1PROD with BILLS
16 

•HR 2016 IH

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; 

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

12 shall be simultaneously informed, in writing— 

13 ‘‘(aa) of the results of any institu14 tional disciplinary proceeding that arises 

15 from an allegation of domestic violence, 

16 dating violence, sexual assault, or stalking; 

17 ‘‘(bb) when the institution accepts an 

18 appeal of such results; 

19 ‘‘(cc) of any change to such results 

20 that occurs prior to the time that such re21 sults become final; and 

22 ‘‘(dd) when such results become final; 

23 and 

24 ‘‘(IV) any disclosure of results under sub25 clause (III)— 


tjames on DSKG8SOYB1PROD with BILLS
17 

•HR 2016 IH

1 ‘‘(aa) shall include only the name of 

2 the accused, the violation alleged, and 

3 whether any institutional rules or code sec4 tions were violated, essential findings sup5 porting such result, and any sanction im6 posed by the institution against the ac7 cused (including a description of any dis8 ciplinary action taken by the institution, 

9 the date of the imposition of such action, 

10 and the duration of such action); 

11 ‘‘(bb) shall include a notice of whether 

12 an appeal will be permitted, a notice of the 

13 grounds for appeal, and a clear statement 

14 that if an appeal is permitted, both the ac15 cuser and the accused shall be entitled to 

16 appeal; and 

17 ‘‘(cc) shall not include identifying in18 formation about the victim. 

19 ‘‘(vi) Policies and procedures to ensure that a 

20 student or employee who reports to the institution 

21 that he or she has been the victim of domestic vio22 lence, dating violence, sexual assault, or stalking, re23 gardless of whether the victim chooses to report the 

24 crime to campus police or local law enforcement, 

25 shall receive information about options for, and 


tjames on DSKG8SOYB1PROD with BILLS
18 

•HR 2016 IH

1 available assistance in, changing academic, living, 

2 transportation, and working situations, if such as3 sistance is requested by the student or employee and 

4 if such accommodations are reasonably available.’’; 

5 (7) in paragraph (9), by striking ‘‘The Sec6 retary’’ and inserting ‘‘The Secretary, in consulta7 tion with the Attorney General of the United States 

8 (through the Director of the Office on Violence 

9 Against Women),’’; 

10 (8) by striking paragraph (14); 

11 (9) by redesignating paragraphs (15) through 

12 (18) as paragraphs (14) through (17), respectively; 

13 (10) by striking paragraph (15), as redesig14 nated by paragraph (9), and inserting the following: 

15 ‘‘(15)(A) The Secretary shall seek the advice and 

16 counsel of the Attorney General of the United States con17 cerning the development, and dissemination to institutions 

18 of higher education, of best practices information about 

19 campus safety and emergencies. 

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

21 of the Attorney General of the United States (through the 

22 Director of the Office on Violence Against Women) and 

23 the Secretary of Health and Human Services (through the 

24 Director of the Family Violence Prevention and Services 

25 Office) concerning the development, and dissemination to 


tjames on DSKG8SOYB1PROD with BILLS
19 

•HR 2016 IH

1 institutions of higher education, of best practices informa2 tion about preventing and responding to incidents of do3 mestic violence, dating violence, sexual assault, and stalk4 ing, including elements of institutional policies that have 

5 proven successful based on evidence-based outcome meas6 urements.’’; and 

7 (11) by striking paragraph (16), as redesig8 nated by paragraph (9), and inserting the following: 

9 ‘‘(16) No officer, employee, or agent of an institution 

10 participating in any program under this title shall retali11 ate, intimidate, threaten, coerce, or otherwise discriminate 

12 against any individual for exercising their rights or re13 sponsibilities under any provision of this subsection.’’. 

14 SEC. 4. EFFECTIVE DATE. 

15 The amendments made by this Act shall take effect 

16 with respect to the annual security report under section 

17 485(f)(1) of the Higher Education Act of 1965 (20 U.S.C. 

18 1092(f)(1)) prepared by an institution of higher education 

19 1 calendar year after the date of enactment of this Act, 

20 and each subsequent calendar year. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS