I 

113TH CONGRESS 

2D SESSION H. R. 5277 

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 HOUSE OF REPRESENTATIVES 

JULY 30, 2014 

Mrs. DAVIS of California 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 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’’. 


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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. 


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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 shall 

7 report to an individual outside the body respon8 sible for investigating and adjudicating sexual 

9 assault complaints at the institution and shall 

10 submit to such individual an annual report 

11 summarizing how the resources supplied to the 

12 Advocate were used, including the number of 

13 male and female sexual assault victims assisted. 

14 ‘‘(2) ROLE OF THE ADVOCATE.—In carrying 

15 out the responsibilities described in this section, the 

16 Advocate shall represent the interests of the student 

17 victim even when in conflict with the interests of the 

18 institution. 

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

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

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

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

23 the consent of the victim, including when the victim is in24 capable of giving consent. 


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

2 Advocate shall carry out the following, regardless of 

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

4 confidential: 

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

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

7 following sexual assault victim’s assistance services 

8 available 24 hours a day: 

9 ‘‘(i) Information on how to report a cam10 pus sexual assault to law enforcement. 

11 ‘‘(ii) Emergency medical care, including 

12 follow up medical care as requested. 

13 ‘‘(iii) Medical forensic or evidentiary ex14 aminations. 

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

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

17 following sexual assault victim’s assistance services: 

18 ‘‘(i) Crisis intervention counseling and on19 going counseling. 

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

21 referrals to additional support services. 

22 ‘‘(iii) Information on legal services. 

23 ‘‘(C) The services described in subparagraphs 

24 (A) and (B) may be provided either— 


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1 ‘‘(i) on the campus of the institution in 

2 consultation with a rape crisis center, legal or3 ganization, or other community-based organiza4 tion; or 

5 ‘‘(ii) pursuant to a memorandum of under6 standing (that includes transportation services), 

7 at a rape crisis center, legal organization, or 

8 other community-based organization located 

9 within a reasonable distance from the institu10 tion. 

11 ‘‘(D) A victim of sexual assault may not be dis12 ciplined, penalized, or otherwise retaliated against 

13 for reporting such assault to the Advocate. 

14 ‘‘(2) Guide victims of sexual assault who re15 quest assistance through the reporting, counseling, 

16 administrative, medical and health, academic accom17 modations, or legal processes of the institution or 

18 local law enforcement. 

19 ‘‘(3) Attend, at the request of the victim of sex20 ual assault, any administrative or institution-based 

21 adjudication proceeding related to such assault as an 

22 advocate for the victim. 

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

24 the victim and any witness of such sexual assault, 

25 and shall not notify the institution or any other auVerDate Mar 15 2010 03:04 Aug 05, 2014 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5277.IH H5277

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1 thority of the identity of the victim or any such wit2 ness or the alleged circumstances surrounding the 

3 reported sexual assault, unless otherwise required by 

4 the applicable laws in the State where such institu5 tion is located. 

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

7 inform the students enrolled at the institution of the 

8 existence of, contact information for, and services 

9 provided by the Advocate, including— 

10 ‘‘(A) posting information— 

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

12 ‘‘(ii) in student orientation materials; 

13 and 

14 ‘‘(iii) on posters displayed in dor15 mitories, cafeterias, sports arenas, locker 

16 rooms, entertainment facilities, and class17 rooms; and 

18 ‘‘(B) training coaches, faculty, school ad19 ministrators, resident advisors, and other staff 

20 to provide information on the existence of, con21 tact information for, and services provided by 

22 the Advocate. 

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

24 section shall alter or amend the rights, duties, and respon25 sibilities under section 485(f) or title IX of the Education 


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

2 known as the Patsy Takemoto Mink Equal Opportunity 

3 in Education Act).’’. 

Æ 


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