II 

112TH CONGRESS 

1ST SESSION S. 834 

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 

APRIL 14, 2011 

Mr. CASEY (for himself and Mrs. MURRAY) 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’’ or the ‘‘Campus SaVE Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Between 20 and 25 percent of female stu9 dents will experience some form of sexual assault 

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1 during their years at an institution of higher edu2 cation, and nearly 3 percent of all such women be3 come victims of either attempted or completed rape 

4 in each 9-month academic year. 

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

6 bisexual, and transgender (LGBT) students are 

7 more likely to experience violence and threats of vio8 lence, including sexual violence, than their non9 LGBT peers. 

10 (3) Between 85 and 90 percent of reported sex11 ual assaults against female students at institutions 

12 of higher education are perpetrated by someone 

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

14 assaults occur on a date. 

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

16 rapes of female students at institutions of higher 

17 education are reported to campus authorities or law 

18 enforcement. In 2009, only 2,578 forcible sex of19 fenses and 68 non-forcible sex offenses that occurred 

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

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

22 and 4-year public and private institutions of higher 

23 education. 

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

25 assault when they know how to report a sexual asmstockstill on DSKH9S0YB1PROD with BILLS

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1 sault and how a school will respond if such a report 

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

3 higher education in the United States have written 

4 policies for filing criminal charges and campus re5 ports related to sexual assault. 

(6) Only 1 6 ⁄3 of the institutions of higher edu7 cation in the United States report their crime statis8 tics correctly, resulting in statistics in which in9 stances of sexual assault have been misclassified and 

10 underrepresented. Less than half of all institutions 

11 of higher education in the United States offer any 

12 sexual assault training, and such training is often 

13 provided only for resident advisers and security offi14 cers. 

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

16 education offer safety training that includes teaching 

17 students how to prevent and defend against sexual 

18 assault. 

19 (8) Less than 20 percent of institutions of high20 er education educate students about acquaintance 

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

22 do so. 

23 (9) According to campus administrators, the re24 porting of sexual assaults would be facilitated if in25 stitutions of higher education provided services for 

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1 victims, written law enforcement response proce2 dures, new student orientation, and campus-wide 

3 publicity about past crimes. 

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

5 DATING VIOLENCE, AND STALKING EDU6 CATION AND PREVENTION. 

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

8 (20 U.S.C. 1092(f)) is amended— 

9 (1) in paragraph (1)— 

10 (A) in the matter preceding subparagraph 

11 (A)— 

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

13 begin to’’; and 

14 (ii) by striking ‘‘beginning September 

15 1, 1992, and each year thereafter,’’ and in16 serting ‘‘, by October 1 of each year,’’; 

17 (B) by striking subparagraph (A) and in18 serting the following: 

19 ‘‘(A) A statement of current campus policies re20 garding procedures and facilities for students, em21 ployees, and others in the campus community to re22 port criminal actions or other emergencies occurring 

23 on campus, on public property, and in or on non24 campus buildings or property, and policies con25 cerning the institution’s response to such reports.’’; 

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

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

3 when the victim of such crime elects to make 

4 such a report.’’; 

5 (D) in subparagraph (F)— 

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

7 clause (i)(IX); 

8 (ii) by striking the period at the end 

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

10 (iii) by adding at the end the fol11 lowing: 

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

13 and stalking incidents that were reported to 

14 campus security authorities or local police agen15 cies.’’; and 

16 (E) in subparagraph (I), by striking ‘‘sec17 tion 170101(j)’’ through the end, and inserting 

18 ‘‘the Jacob Wetterling, Megan Nicole Kanka, 

19 and Pam Lychner Sex Offender Registration 

20 and Notification Program established under the 

21 Adam Walsh Child Protection and Safety Act of 

22 2006 (42 U.S.C. 16901 et seq.) concerning reg23 istered sex offenders enrolled or working at the 

24 institution may be obtained, such as the law en25 forcement office of the institution, a local law 

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1 enforcement agency with jurisdiction for the 

2 campus, or a Web site.’’; 

3 (2) in paragraph (3), by inserting ‘‘, that with4 holds the names of victims as confidential,’’ after 

5 ‘‘that is timely’’; 

6 (3) in paragraph (5)(A), by striking ‘‘Sep7 tember 1, 2000’’ and inserting ‘‘December 31, 

8 2012’’; 

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

10 the following: 

11 ‘‘(6)(A) In this subsection: 

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

13 program designed to alert students at an institution 

14 of higher education to the prevalence of domestic vi15 olence, dating violence, sexual assault, or stalking, 

16 including— 

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

18 of cases of domestic violence, dating violence, 

19 sexual assault, and stalking at such institution 

20 in the 3 preceding calendar years; 

21 ‘‘(II) statistics on the outcomes of discipli22 nary proceedings for such cases at such institu23 tion; and 

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1 ‘‘(III) risk factors associated with such 

2 cases, including physically, sexually, and psy3 chologically controlling behavior. 

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

5 safe and positive options that may be carried out by 

6 an individual to prevent harm or intervene when 

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

8 sexual assault, or stalking against a person other 

9 than such individual. 

10 ‘‘(iii) The term ‘campus’ means— 

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

12 controlled by an institution of higher education 

13 within the same reasonably contiguous geo14 graphic area of the institution and used by the 

15 institution in direct support of, or in a manner 

16 related to, the institution’s educational pur17 poses, including residence halls; and 

18 ‘‘(II) property within the same reasonably 

19 contiguous geographic area of the institution 

20 that is owned by the institution but controlled 

21 by another person, is used by students, and 

22 supports institutional purposes (such as a food 

23 or other retail vendor). 

24 ‘‘(iv) The term ‘dating violence’ has the mean25 ing given the term in section 40002(a) of the Viomstockstill on DSKH9S0YB1PROD with BILLS

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1 lence Against Women Act of 1994 (42 U.S.C. 

2 13925(a)). 

3 ‘‘(v) The term ‘domestic violence’ has the mean4 ing given the term in section 40002(a) of the Vio5 lence Against Women Act of 1994 (42 U.S.C. 

6 13925(a)). 

7 ‘‘(vi) The term ‘noncampus building or prop8 erty’ means— 

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

10 controlled by a student organization recognized 

11 by the institution; and 

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

13 a branch campus) owned or controlled by an in14 stitution of higher education that is used in di15 rect support of, or in relation to, the institu16 tion’s educational purposes, is used by students, 

17 and is not within the same reasonably contig18 uous geographic area of the institution. 

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

20 programming and strategies intended to stop domes21 tic violence, dating violence, sexual assault, or stalk22 ing before it occurs through the changing of social 

23 norms and other approaches. 

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

25 public property that is within the same reasonably 

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1 contiguous geographic area of the institution, such 

2 as a sidewalk, a street, other thoroughfare, or park3 ing facility, and is adjacent to a facility owned or 

4 controlled by the institution if the facility is used by 

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

6 related to the institution’s educational purposes. 

7 ‘‘(ix) The term ‘results’ means a decision or de8 termination, made by an honor court or council, 

9 committee, commission, or other entity authorized to 

10 resolve disciplinary matters within an institution of 

11 higher education. 

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

13 for recognizing warning signs of abusive behavior, 

14 and how to avoid potential attacks. 

15 ‘‘(xi) The term ‘sexual assault’ means an of16 fense classified as a forcible or nonforcible sex of17 fense under the uniform crime reporting system of 

18 the Federal Bureau of Investigation. 

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

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

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

22 13925(a)).’’; 

23 (5) in paragraph (7)— 

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1 (A) by striking ‘‘paragraph (1)(F)’’ and in2 serting ‘‘clauses (i) and (ii) of paragraph 

3 (1)(F)’’; and 

4 (B) by inserting after ‘‘Hate Crime Statis5 tics Act.’’ the following: ‘‘For the offenses of 

6 domestic violence, dating violence, and stalking, 

7 such statistics shall be compiled in accordance 

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

9 the Violence Against Women Act of 1994 (42 

10 U.S.C. 13925(a)).’’; 

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

12 following: 

13 ‘‘(8)(A) Each institution of higher education partici14 pating in any program under this title, other than a for15 eign institution of higher education, shall develop and dis16 tribute as part of the report described in paragraph (1) 

17 a statement of policy regarding— 

18 ‘‘(i) such institution’s programs to prevent do19 mestic violence, dating violence, sexual assault, or 

20 stalking; and 

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

22 follow once an incident of domestic violence, dating 

23 violence, sexual assault, or stalking has been re24 ported, which shall include— 

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

2 or employee who reports to the institution that 

3 he or she has been a victim of domestic vio4 lence, dating violence, sexual assault, or stalk5 ing— 

6 ‘‘(aa) an explanation of— 

7 ‘‘(AA) the right of victims of 

8 such offenses to notify proper law en9 forcement authorities, including on10 campus and local police; 

11 ‘‘(BB) the option to be assisted 

12 by campus authorities in notifying 

13 such authorities if the student or em14 ployee so chooses; and 

15 ‘‘(CC) the right of victims of 

16 such offenses to not notify such au17 thorities; 

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

19 victims of such offenses, when relevant, to 

20 seek an order of protection, no contact 

21 order, restraining order, or similar lawful 

22 order issued by a criminal, civil, or tribal 

23 court or enforce an order already in exist24 ence; 

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1 ‘‘(cc) contact information for victim 

2 advocacy, counseling, health, mental 

3 health, legal assistance, and other services 

4 available to victims both on-campus and in 

5 the local community; 

6 ‘‘(dd) an explanation of the avail7 ability of a victims’ rights advocate to as8 sist in reporting an incident and in locat9 ing and utilizing victim services; 

10 ‘‘(ee) an explanation of the institu11 tion’s disciplinary process; and 

12 ‘‘(ff) suggested safety planning (in13 cluding a change in residence, class sched14 ule, and travel) and individuals at the in15 stitution and in the local community who 

16 can assist the victim in implementing safe17 ty planning; 

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

19 shall help to enforce any order of protection, no 

20 contact order, restraining order, or similar law21 ful order issued by any criminal, civil, or tribal 

22 court, if the victim has informed such institu23 tion of such order; and 

24 ‘‘(III) information about how the institu25 tion will protect the confidentiality of victims, 

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1 including how publicly available recordkeeping 

2 will be accomplished without the inclusion of 

3 identifying information about the victim, to the 

4 extent permissible by law. 

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

6 address the following areas: 

7 ‘‘(i) Education programs to promote the aware8 ness of the offenses of domestic violence, dating vio9 lence, sexual assault, and stalking, which shall in10 clude— 

11 ‘‘(I) primary prevention and awareness 

12 programs for all incoming students and new 

13 employees, which shall include— 

14 ‘‘(aa) a statement that the institution 

15 of higher education prohibits the offenses 

16 of domestic violence, dating violence, sex17 ual assault, and stalking; 

18 ‘‘(bb) the definition of domestic vio19 lence, dating violence, sexual assault, and 

20 stalking; 

21 ‘‘(cc) the definition of consent in ref22 erence to sexual activity; 

23 ‘‘(dd) information about reporting 

24 such offenses, including such offenses that 

25 occur on and off campus; 

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1 ‘‘(ee) the elements of healthy relation2 ships and the right of individuals to live 

3 without the fear of becoming a victim of 

4 domestic violence, dating violence, sexual 

5 assault, or stalking; 

6 ‘‘(ff) bystander intervention; and 

7 ‘‘(gg) risk reduction; and 

8 ‘‘(II) ongoing prevention and awareness 

9 campaigns for students and faculty, including 

10 information described in items (aa) through 

11 (gg) of subclause (I). 

12 ‘‘(ii) Possible sanctions or protective measures 

13 that such institution may impose following the final 

14 determination of an institutional disciplinary proce15 dure regarding domestic violence, dating violence, 

16 sexual assault, or stalking. 

17 ‘‘(iii) Procedures victims should follow if domes18 tic violence, dating violence, sexual assault, or stalk19 ing occurs, including information about the impor20 tance of preserving evidence as may be necessary to 

21 the proof of criminal domestic violence, dating vio22 lence, sexual assault, or stalking, or in obtaining a 

23 protection order. 

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

2 domestic violence, dating violence, sexual assault, or 

3 stalking should be reported. 

4 ‘‘(v) Procedures for institutional disciplinary ac5 tion in cases of an alleged incident of domestic vio6 lence, dating violence, sexual assault, or stalking, 

7 which shall include a clear statement that— 

8 ‘‘(I) such proceedings shall— 

9 ‘‘(aa) provide a prompt and equitable 

10 resolution; 

11 ‘‘(bb) be conducted by officials who 

12 receive annual training on the issues re13 lated to domestic violence, dating violence, 

14 sexual assault, and stalking and how to 

15 conduct an investigation and hearing proc16 ess that protects the safety of victims and 

17 promotes accountability; and 

18 ‘‘(cc) use the preponderance of the 

19 evidence standard; 

20 ‘‘(II) the accuser and the accused are enti21 tled to the same opportunities to have others 

22 present during an institutional disciplinary pro23 ceeding, including the opportunity to be accom24 panied to any related meeting or proceeding by 

25 an advisor of their choice; 

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

2 shall be simultaneously informed, in writing— 

3 ‘‘(aa) of the results of any institu4 tional disciplinary proceeding that arises 

5 from an allegation of domestic violence, 

6 dating violence, sexual assault, or stalking; 

7 ‘‘(bb) when the institution accepts an 

8 appeal of such results; 

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

10 that occurs prior to the time that such re11 sults become final; and 

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

13 and 

14 ‘‘(IV) any disclosure of results under sub15 clause (III)— 

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

17 the accused, the violation alleged, and 

18 whether any institutional rules or code sec19 tions were violated, essential findings sup20 porting such result, and any sanction im21 posed by the institution against the ac22 cused (including a description of any dis23 ciplinary action taken by the institution, 

24 the date of the imposition of such action, 

25 and the duration of such action); 

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

2 an appeal will be permitted, a notice of the 

3 grounds for appeal, and a clear statement 

4 that if an appeal is permitted, both the ac5 cuser and the accused shall be entitled to 

6 appeal; and 

7 ‘‘(cc) shall not include identifying in8 formation about the victim. 

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

10 student or employee who reports to the institution 

11 that he or she has been the victim of domestic vio12 lence, dating violence, sexual assault, or stalking, re13 gardless of whether the victim chooses to report the 

14 crime to campus police or local law enforcement, 

15 shall receive information about options for, and 

16 available assistance in, changing academic, living, 

17 transportation, and working situations, if such as18 sistance is requested by the student or employee and 

19 if such accommodations are reasonably available.’’; 

20 (7) in paragraph (9), by striking ‘‘The Sec21 retary’’ and inserting ‘‘The Secretary, in consulta22 tion with the Attorney General of the United States 

23 (through the Director of the Office on Violence 

24 Against Women),’’; 

25 (8) by striking paragraph (14); 

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1 (9) by redesignating paragraphs (15) through 

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

3 (10) by striking paragraph (15), as redesig4 nated by paragraph (9), and inserting the following: 

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

6 counsel of the Attorney General of the United States con7 cerning the development, and dissemination to institutions 

8 of higher education, of best practices information about 

9 campus safety and emergencies. 

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

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

12 Director of the Office on Violence Against Women) and 

13 the Secretary of Health and Human Services (through the 

14 Director of the Family Violence Prevention and Services 

15 Office) concerning the development, and dissemination to 

16 institutions of higher education, of best practices informa17 tion about preventing and responding to incidents of do18 mestic violence, dating violence, sexual assault, and stalk19 ing, including elements of institutional policies that have 

20 proven successful based on evidence-based outcome meas21 urements.’’; and 

22 (11) by striking paragraph (16), as redesig23 nated by paragraph (9), and inserting the following: 

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

25 participating in any program under this title shall retalimstockstill on DSKH9S0YB1PROD with BILLS

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1 ate, intimidate, threaten, coerce, or otherwise discriminate 

2 against any individual for exercising their rights or re3 sponsibilities under any provision of this subsection.’’. 

4 SEC. 4. EFFECTIVE DATE. 

5 The amendments made by this Act shall take effect 

6 with respect to the annual security report under section 

7 485(f)(1) of the Higher Education Act of 1965 (20 U.S.C. 

8 1092(f)(1)) prepared by an institution of higher education 

9 1 calendar year after the date of enactment of this Act, 

10 and each subsequent calendar year. 

Æ 

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