II 

115TH CONGRESS 

2D SESSION S. 2431 

To ensure that certain incidents involving a covered employee that are reported to the title IX coordinator at an eligible institution of higher 

education have been reviewed by the president of the institution and 

not less than 1 additional member of the institution’s board of trustees, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 15, 2018 

Mr. PETERS (for himself, Mr. CORNYN, and Ms. STABENOW) introduced the 

following bill; which was read twice and referred to the Committee on 

Health, Education, Labor, and Pensions 

A BILL 

To ensure that certain incidents involving a covered employee 

that are reported to the title IX coordinator at an eligible 

institution of higher education have been reviewed by 

the president of the institution and not less than 1 

additional member of the institution’s board of trustees, 

and for other purposes. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Accountability of Lead3 ers in Education to Report Title IX Investigations Act’’ 

4 or the ‘‘ALERT Act’’. 

5 SEC. 2. REVIEW OF TITLE IX INVESTIGATIONS. 

6 Section 487 of the Higher Education Act of 1965 (20 

7 U.S.C. 1094) is amended by adding at the end the fol8 lowing: 

9 ‘‘(30)(A) The institution will submit an annual 

10 certification to the Secretary affirming that— 

11 ‘‘(i) the president of the institution (or the 

12 equivalent officer) and not less than 1 addi13 tional member of the institution’s board of 

14 trustees (or a designee of the board) have com15 pleted a comprehensive review of any incident 

16 involving a covered employee that was reported 

17 to the title IX coordinator at that institution in 

18 the previous 12 months involving an offense de19 scribed in section 485(f)(8)(A)(i); and 

20 ‘‘(ii) the individuals described in clause (i) 

21 who completed the comprehensive review did 

22 not interfere with or influence any investigation 

23 or disposition relating to the reported incident. 

24 ‘‘(B) In this paragraph— 


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1 ‘‘(i) the term ‘comprehensive review’ means 

2 a review that includes, at a minimum, a review 

3 of— 

4 ‘‘(I) material findings of fact relating 

5 to the incident that was reported to the 

6 title IX coordinator; 

7 ‘‘(II) the basis for any conclusions 

8 about whether a covered employee violated 

9 a policy of the institution; and 

10 ‘‘(III) the disposition of any com11 plaints arising from the reported incident, 

12 including any sanctions imposed on a cov13 ered employee; 

14 ‘‘(ii) the term ‘covered employee’— 

15 ‘‘(I) means— 

16 ‘‘(aa) a full-time employee of the 

17 institution; or 

18 ‘‘(bb) an individual who was act19 ing as an employee of the institution, 

20 or who was paid by an entity con21 tracting with the institution and act22 ing on behalf of the institution, at the 

23 time of the incident that was reported 

24 to the title IX coordinator; and 


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1 ‘‘(II) does not include an under2 graduate student; and 

3 ‘‘(iii) the term ‘title IX coordinator’ means 

4 a responsible employee, as described in section 

5 106.8(a) of title 34, Code of Federal Regula6 tions, designated to coordinate efforts under 

7 title IX of the Education Amendments of 1972 

8 (20 U.S.C. 1681 et seq.).’’. 

Æ 


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