I 

111TH CONGRESS 

2D SESSION H. R. 6461 

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

prevention related to campus sexual violence, intimate partner violence, 

and stalking. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 30, 2010 

Mr. PERRIELLO (for himself, Mr. COSTA, Mr. DUNCAN, Mr. GRIJALVA, Mr. 

KRATOVIL, and Mr. MCGOVERN) introduced the following bill; which was 

referred to the Committee on Education and Labor 

A BILL 

To amend the Higher Education Act of 1965 to improve 

education and prevention related to campus sexual violence, intimate partner 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’’. 


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1 SEC. 2. CAMPUS SEXUAL VIOLENCE, INTIMATE PARTNER 

2 VIOLENCE, AND STALKING EDUCATION AND 

3 PREVENTION. 

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

5 (20 U.S.C. 1092(f)) is amended— 

6 (1) by amending paragraph (8) to read as fol7 lows: 

8 ‘‘(8)(A) Each institution of higher education partici9 pating in any program under this title, other than a for10 eign institution of higher education, shall develop and dis11 tribute as part of the report described in paragraph (1) 

12 a statement of policy regarding— 

13 ‘‘(i) such institution’s sexual assault and other 

14 intimate partner violence programs, which shall be 

15 aimed at prevention of sex offenses and other inti16 mate partner violence, including stalking, dating vio17 lence, sexual violence, and domestic violence of18 fenses; 

19 ‘‘(ii) the procedures followed once a sex offense 

20 or other intimate partner violence, including stalk21 ing, dating violence, sexual violence, or domestic vio22 lence offenses has occurred, which shall include— 

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

24 or employee who reports to the institution that 

25 he or she has been a victim of a sex offense or 

26 other intimate partner violence— 


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1 ‘‘(aa) an explanation of the right of 

2 victims of such offenses to notify proper 

3 law enforcement authorities, including on4 campus and local police, and the option to 

5 be assisted by campus authorities in noti6 fying such authorities, if the student or 

7 employee so chooses; 

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

9 victims of such offenses, when relevant, to 

10 obtain an order of protection, no contact 

11 order, restraining order, or similar lawful 

12 order issued by a criminal or civil court or 

13 enforce an order already in existence; and 

14 ‘‘(cc) contact information for advo15 cacy, counseling, health, mental health, 

16 legal assistance and other services available 

17 to victims both on-campus and in the local 

18 community; and 

19 ‘‘(II) the institution honoring any order of 

20 protection, no contact order, restraining order, 

21 or similar lawful order issued by any criminal 

22 or civil court. 

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

24 address the following areas: 


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1 ‘‘(i) Education programs to promote the aware2 ness of sex offenses and other intimate partner vio3 lence, including stalking, dating violence, sexual vio4 lence, and domestic violence offenses, which shall in5 clude— 

6 ‘‘(I) primary prevention and awareness 

7 programming for all incoming students and new 

8 employees, including information about— 

9 ‘‘(aa) the definition of consent in sex10 ual relationships; 

11 ‘‘(bb) reporting such sex offenses, in12 cluding those offenses occurring on and off 

13 campus; 

14 ‘‘(cc) bystander intervention; and 

15 ‘‘(dd) risk reduction; and 

16 ‘‘(II) ongoing prevention and awareness 

17 campaigns to students and faculty, including in18 formation described in items (aa) through (dd) 

19 of subclause (I). 

20 ‘‘(ii) Possible sanctions to be imposed following 

21 the final determination of an institutional discipli22 nary procedure regarding sex offenses or other inti23 mate partner violence. 

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

25 offense described in clause (ii) occurs, including who 


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1 should be contacted, the importance of preserving 

2 evidence as may be necessary to the proof of crimi3 nal sexual assault, and to whom the alleged offense 

4 should be reported. 

5 ‘‘(iv) Procedures for on-campus disciplinary ac6 tion in cases of an alleged sexual offense or other in7 timate partner violence, including stalking, dating vi8 olence, sexual violence, or domestic violence offenses, 

9 which shall include a clear statement that— 

10 ‘‘(I) any accuser shall have the opportunity 

11 to request that prompt disciplinary proceedings 

12 be initiated against the accused; 

13 ‘‘(II) such proceedings shall— 

14 ‘‘(aa) be conducted by officials trained 

15 to understand the issues of sex offenses 

16 and other intimate partner violence; and 

17 ‘‘(bb) use the preponderance of the 

18 evidence standard; 

19 ‘‘(III) the accuser and the accused are en20 titled to the same opportunities to have others 

21 present during an institutional disciplinary pro22 ceeding, including the opportunity to be accom23 panied to any related meeting or proceeding by 

24 an advisor of their choice; and 


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

2 shall be informed, in writing, of the final results 

3 of any institutional disciplinary proceeding 

4 brought alleging a sex offense or other intimate 

5 partner violence within one business day of such 

6 outcome being reached. 

7 ‘‘(v) A student or employee who reports to the 

8 institution that he or she have been the victim of a 

9 sex offense or intimate partner violence shall receive 

10 notification of options for, and available assistance 

11 in, changing academic, living, transportation, and 

12 working situations, if such assistance is requested by 

13 the student or employee and if such accommodations 

14 are reasonably available. 

15 ‘‘(C) Nothing in this paragraph shall be construed to 

16 confer a private right of action upon any person to enforce 

17 the provisions of this paragraph.’’; 

18 (2) in paragraph (6), by adding at the end of 

19 subparagraph (A) the following new clauses: 

20 ‘‘(iv) The term ‘intimate partner vio21 lence’— 

22 ‘‘(I) means any physical, sexual, 

23 or psychological harm against an indi24 vidual by a current or former partner 

25 or spouse of the individual; 


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1 ‘‘(II) includes stalking, dating vi2 olence, sexual violence, or domestic vi3 olence offense; 

4 ‘‘(III) includes such harm against 

5 individuals in heterosexual and same6 sex relationships; and 

7 ‘‘(IV) does not require sexual in8 timacy between the individual and 

9 such partner or spouse. 

10 ‘‘(v) The term ‘stalking’ means an in11 dividual willfully and repeatedly engaging 

12 in a knowing course of harassing conduct 

13 directed at another individual that reason14 ably and seriously alarms, torments, or ter15 rorizes such individual. 

16 ‘‘(vi) The term ‘primary prevention’ 

17 means programming and strategies in18 tended to stop sexual and intimate partner 

19 violence before it occurs through the 

20 changing of social norms and other ap21 proaches. 

22 ‘‘(vii) The term ‘awareness program23 ming’ means any program designed to 

24 alert students to the prevalence of intimate 


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1 partner violence, sexual violence, and stalk2 ing, including— 

3 ‘‘(I) discussions of the nature 

4 and number of cases of intimate part5 ner violence, sexual violence, forcible 

6 sex offenses, and stalking reported at 

7 an institution of higher education in 

8 the 3 preceding calendar years; 

9 ‘‘(II) statistics on the outcomes 

10 of disciplinary proceedings for such 

11 cases at such institution; and 

12 ‘‘(III) risk factors associated with 

13 such cases, including physically, sexu14 ally, and psychologically controlling 

15 behavior. 

16 ‘‘(viii) The term ‘bystander interven17 tion’ means safe and positive options that 

18 may be carried out by an individual to pre19 vent or intervene when there is a risk of 

20 sexual violence against a person other than 

21 such individual. 

22 ‘‘(ix) The term ‘risk reduction’ means 

23 options for recognizing warning signs of 

24 abusive personalities and how to fight back 

25 against potential attackers. 


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1 ‘‘(x) The term ‘final results’ means a 

2 decision or determination, made by an 

3 honor court or council, committee, commis4 sion, or other entity authorized to resolve 

5 disciplinary matters within the institution. 

6 The disclosure of final results shall include 

7 only the name of the accused, the violation 

8 alleged (including any institutional rules or 

9 code sections that were allegedly violated), 

10 essential findings supporting such final re11 sult, and any sanction imposed by the in12 stitution against the accused (including a 

13 description of any disciplinary action taken 

14 by the institution, the date of the imposi15 tion of such action, and the duration of 

16 such action).’’; and 

17 (3) by adding at the end of paragraph (16) the 

18 following new sentence: ‘‘The Secretary shall seek 

19 the advice and counsel of the Attorney General con20 cerning the development, and dissemination to insti21 tutions of higher education, of best practices infor22 mation about preventing and responding to incidents 

23 of sex offenses, forcible and nonforcible, and other 

24 intimate partner violence including stalking, dating 


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1 violence, sexual violence, and domestic violence of2 fenses.’’. 

3 SEC. 3. EFFECTIVE DATE. 

4 The amendments made by this Act shall take effect 

5 with respect to any annual security report under section 

6 485(f)(1) of the Higher Education Act of 1965 (20 U.S.C. 

7 1092(f)(1)) prepared by an institution of higher education 

8 in calendar year 2012 and any subsequent calendar year. 

Æ 


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