II 

115TH CONGRESS 

1ST SESSION S. 1801 

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 12, 2017 

Mr. KAINE (for himself, Mrs. FEINSTEIN, Ms. BALDWIN, and Ms. HIRONO) 

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’’. 


rfrederick on DSKBCBPHB2PROD with BILLS
2 

•S 1801 IS

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. 


rfrederick on DSKBCBPHB2PROD with BILLS
3 

•S 1801 IS

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. 


rfrederick on DSKBCBPHB2PROD with BILLS
4 

•S 1801 IS

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

2 ‘sexual assault’ means penetration, no matter how slight, 

3 of the vagina or anus with any body part or object, or 

4 oral penetration by a sex organ of another person, without 

5 the consent of the victim, including when the victim is in6 capable of giving consent. 

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

8 Advocate shall carry out the following, regardless of 

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

10 confidential: 

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

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

13 following sexual assault victim’s assistance services 

14 available 24 hours a day: 

15 ‘‘(i) Information on how to report a cam16 pus sexual assault to law enforcement. 

17 ‘‘(ii) Emergency medical care, including 

18 follow up medical care as requested. 

19 ‘‘(iii) Medical forensic or evidentiary ex20 aminations. 

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

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

23 following sexual assault victim’s assistance services: 

24 ‘‘(i) Crisis intervention counseling and on25 going counseling. 


rfrederick on DSKBCBPHB2PROD with BILLS
5 

•S 1801 IS

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

2 referrals to additional support services. 

3 ‘‘(iii) Information on legal services. 

4 ‘‘(C) Provide the services described in subpara5 graphs (A) and (B) either— 

6 ‘‘(i) pursuant to a memorandum of under7 standing (that includes transportation services) 

8 at a rape crisis center, legal organization, or 

9 other community-based organization located 

10 within a reasonable distance from the institu11 tion; or 

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

13 consultation with a rape crisis center, legal or14 ganization, or other community-based organiza15 tion. 

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

17 may not be disciplined, penalized, or otherwise re18 taliated against for reporting such assault to the Ad19 vocate. 

20 ‘‘(2) Guide victims of sexual assault who re21 quest assistance through the reporting, counseling, 

22 administrative, medical and health, academic accom23 modations, or legal processes of the institution or 

24 local law enforcement. 


rfrederick on DSKBCBPHB2PROD with BILLS
6 

•S 1801 IS

1 ‘‘(3) Attend, at the request of the victim of sex2 ual assault, any administrative or institution-based 

3 adjudication proceeding related to such assault as an 

4 advocate for the victim. 

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

6 the victim and any witness of such sexual assault, 

7 and shall not notify the institution or any other au8 thority of the identity of the victim or any such wit9 ness or the alleged circumstances surrounding the 

10 reported sexual assault, unless otherwise required by 

11 the applicable laws in the State where such institu12 tion is located. 

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

14 inform the students enrolled at the institution of the 

15 existence of, contact information for, and services 

16 provided by the Advocate, including— 

17 ‘‘(A) posting information— 

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

19 ‘‘(ii) in student orientation materials; 

20 and 

21 ‘‘(iii) on posters displayed in dor22 mitories, cafeterias, sports arenas, locker 

23 rooms, entertainment facilities, and class24 rooms; and 


rfrederick on DSKBCBPHB2PROD with BILLS
7 

•S 1801 IS

1 ‘‘(B) training coaches, faculty, school ad2 ministrators, resident advisors, and other staff 

3 to provide information on the existence of, con4 tact information for, and services provided by 

5 the Advocate. 

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

7 section shall alter or amend the rights, duties, and respon8 sibilities under section 485(f) or title IX of the Education 

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

10 known as the ‘Patsy Takemoto Mink Equal Opportunity 

11 in Education Act’).’’. 

Æ 


rfrederick on DSKBCBPHB2PROD with BILLS