I 

113TH CONGRESS 

2D SESSION H. R. 5354 

To amend the Higher Education Act of 1965 and the Jeanne Clery Disclosure 

of Campus Security Policy and Campus Crime Statistics Act to combat 

campus sexual violence, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 31, 2014 

Mrs. CAROLYN B. MALONEY of New York (for herself, Mr. MEEHAN, Mr. POE

of Texas, Mrs. BUSTOS, Ms. MOORE, Ms. BONAMICI, Mrs. BROOKS of Indiana, Mrs. ELLMERS, Ms. JENKINS, Mrs. CAPITO, Mrs. NOEM, Ms. 

ROYBAL-ALLARD, Mr. REED, Mr. SCOTT of Virginia, Ms. FRANKEL of 

Florida, Mr. JOYCE, Ms. KUSTER, and Mr. PETERS of Michigan) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each 

case for consideration of such provisions as fall within the jurisdiction of 

the committee concerned 

A BILL 

To amend the Higher Education Act of 1965 and the Jeanne 

Clery Disclosure of Campus Security Policy and Campus 

Crime Statistics Act to combat campus sexual violence, 

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 ‘‘Campus Accountability 

3 and Safety Act’’. 

4 SEC. 2. AMENDMENTS TO THE CLERY ACT. 

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

6 (20 U.S.C. 1092(f)) (known as the Jeanne Clery Disclo7 sure of Campus Security Policy and Campus Crime Statis8 tics Act) is amended— 

9 (1) in paragraph (1)— 

10 (A) by inserting ‘‘and on the website of the 

11 institution’’ after ‘‘through appropriate publica12 tions or mailings’’; 

13 (B) in subparagraph (C), by striking 

14 clause (ii) and inserting the following: 

15 ‘‘(ii) the memorandum of understanding 

16 between the institution and local law enforce17 ment that is required under section 124 (or, if 

18 such requirement has been waived, a description 

19 of the working relationship of campus security 

20 personnel with State and local law enforcement 

21 agencies); and’’; and 

22 (C) by adding at the end the following: 

23 ‘‘(K)(i) With respect to the criminal activ24 ity described in subparagraph (F)(i)(II), the eli25 gible institution shall prepare by not later than 

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1 pus Accountability and Safety Act, and annu2 ally thereafter, the following additions: 

3 ‘‘(I) The number of cases that were 

4 investigated by the institution. 

5 ‘‘(II) The number of cases that were 

6 referred for a disciplinary proceeding at 

7 the institution. 

8 ‘‘(III) The number of cases that were 

9 referred to local or State law enforcement. 

10 ‘‘(IV) The number of alleged per11 petrators that were found responsible by 

12 the disciplinary proceeding at the institu13 tion. 

14 ‘‘(V) The number of alleged perpetra15 tors that were found not responsible by the 

16 disciplinary proceeding at the institution. 

17 ‘‘(VI) A description of the final sanc18 tions imposed by the institution for each 

19 offense perpetrated. 

20 ‘‘(VII) The number of disciplinary 

21 proceedings at the institution that have 

22 closed without resolution. 

23 ‘‘(ii) The Secretary shall provide technical 

24 assistance to eligible institutions to assist in 


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1 meeting such additional preparation obliga2 tions.’’; 

3 (2) by striking paragraph (7) and inserting the 

4 following: 

5 ‘‘(7)(A) The statistics described in clauses (i) 

6 and (ii) of paragraph (1)(F)— 

7 ‘‘(i) shall not identify victims of crimes or 

8 persons accused of crimes; and 

9 ‘‘(ii) shall be compiled in accordance with 

10 the following definitions: 

11 ‘‘(I) For the offenses of domestic vio12 lence, dating violence, and stalking, such 

13 statistics shall be compiled in accordance 

14 with the definitions used in section 

15 40002(a) of the Violence Against Women 

16 Act of 1994 (42 U.S.C. 13925(a)). 

17 ‘‘(II) For offenses not described in 

18 subclause (I), such statistics shall be com19 piled in accordance with— 

20 ‘‘(aa) either the National Inci21 dent-Based Reporting System or the 

22 Uniform Crime Reporting Program of 

23 the Federal Bureau of Investigation, 

24 if a definition is available; and 


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1 ‘‘(bb) if an offense is not defined 

2 in either the National Incident-Based 

3 Reporting System or the Uniform 

4 Crime Reporting Program of the Fed5 eral Bureau of Investigation, a defini6 tion provided by the Secretary. 

7 ‘‘(B) The Secretary shall establish and make 

8 publicly available a definition for any offense that— 

9 ‘‘(i) is required to be reported in accord10 ance with paragraph (1)(F); 

11 ‘‘(ii) is not an offense described in sub12 paragraph (A)(ii)(I); and 

13 ‘‘(iii) is not defined in either the National 

14 Incident-Based Reporting System or the Uni15 form Crime Reporting Program of the Federal 

16 Bureau of Investigation.’’; 

17 (3) in paragraph (8)(B)(i)— 

18 (A) in the matter preceding subclause (I), 

19 by inserting ‘‘, developed in consultation with 

20 local, State, and national sexual assault, dating 

21 violence, domestic violence, and stalking victim 

22 advocacy, victim services, or prevention organi23 zations, and local law enforcement,’’ after 

24 ‘‘Education programs’’; and 


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1 (B) in subclause (I)(aa), by inserting ‘‘, in2 cluding the fact that these are crimes for the 

3 purposes of this subsection and reporting under 

4 this subsection and the institution of higher 

5 education will, based on the victim’s wishes, co6 operate with local law enforcement with respect 

7 to any alleged criminal offenses involving stu8 dents or employees of the institution of higher 

9 education’’ after ‘‘stalking’’; 

10 (4) by redesignating paragraph (18) as para11 graph (22); and 

12 (5) by inserting after paragraph (17) the fol13 lowing: 

14 ‘‘(18) The individual at an institution of higher 

15 education that is designated as a responsible em16 ployee, as defined in section 901(e) of the Education 

17 Amendments of 1972, shall be considered a campus 

18 security authority, as defined in section 668.46(a) of 

19 title 34, Code of Federal Regulations. 

20 ‘‘(19)(A) The Secretary shall, in consultation 

21 with the Attorney General, develop, design, and ad22 minister through an online portal, a standardized, 

23 online survey of students regarding their experiences 

24 with sexual violence and harassment. The survey 

25 shall be administered every year. The survey shall 


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1 not include any personally identifiable information. 

2 The Secretary shall develop such survey tool using 

3 best practices from peer-reviewed research meas4 uring sexual violence and harassment. In addition to 

5 the standardized questions developed by the Sec6 retary, institutions completing the survey may re7 quest additional information from students that 

8 would increase the institutions’ understanding of 

9 school climate factors unique to their campuses. 

10 ‘‘(B) In carrying out subparagraph (A), the 

11 Secretary shall require each institution participating 

12 in any program under this title, to ensure that an 

13 adequate, random, and representative sample size of 

14 students enrolled at the institution complete the sur15 vey described in subparagraph (A) not later than 1 

16 year after the date of enactment of the Campus Ac17 countability and Safety Act. 

18 ‘‘(C) Responses to the survey shall be submitted 

19 confidentially and shall not be included in crime sta20 tistics reported under this subsection. In addition, 

21 questions should be designed to gather information 

22 on survivor experiences, and shall therefore use trau23 ma-informed language to prevent re-traumatization. 


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1 ‘‘(D) The survey described in subparagraph (A) 

2 shall include, but is not limited to, the following top3 ics: 

4 ‘‘(i) Those designed to determine the inci5 dence and prevalence of sexual violence, dating 

6 violence, domestic violence, and stalking. 

7 ‘‘(ii) Those on whether students know 

8 about institutional policies and procedures. 

9 ‘‘(iii) Those on, if victims reported the vio10 lence, to whom and what response did they re11 ceive and if they were informed of, or referred 

12 to, local, State, on-campus, and or national re13 sources. 

14 ‘‘(iv) Those on contextual factors, such as 

15 whether force, incapacitation, or coercion was 

16 involved. 

17 ‘‘(v) Those on whether the assailant was a 

18 student. 

19 ‘‘(vi) Those on whether the victim was re20 ferred to local or State law enforcement. 

21 ‘‘(E) The Secretary shall tabulate and publish 

22 an annual report on the information gained from the 

23 survey under this paragraph on the website of the 

24 Department and submit such report to Congress. 


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1 The report shall include campus-level data for each 

2 school and attributed by name of each campus. 

3 ‘‘(20) Not later than 180 days after the date of 

4 enactment of the Campus Accountability and Safety 

5 Act, the Assistant Secretary for Postsecondary Edu6 cation of the Department and the Assistant Sec7 retary for Civil Rights of the Department shall joint8 ly develop and make publicly available guidance re9 garding the intersection between this subsection and 

10 title IX of the Education Amendments of 1972, in 

11 order to clarify how the provisions of this subsection 

12 and such title shall be carried out. The guidance 

13 shall include clarifying language on how this sub14 section and such title IX interact pertaining to sex15 ual violence, and shall clarify and resolve any poten16 tial discrepancies or inconsistencies between the two. 

17 ‘‘(21) Notwithstanding any other provision of 

18 this Act, upon determination, after reasonable notice 

19 and opportunity for a hearing, that an eligible insti20 tution has violated or failed to carry out any provi21 sion of this subsection, or agreement made to resolve 

22 a compliance review under this subsection, or any 

23 regulation prescribed under this subsection, the Sec24 retary may impose a civil penalty upon such institu25 tion not to exceed $150,000, which shall be adjusted 


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1 for inflation annually, for each violation or misrepre2 sentation, or per month a survey is not completed at 

3 the standard required. The Secretary may use any 

4 such civil penalty funds to enforce and administer 

5 the provisions of this subsection.’’. 

6 SEC. 3. COORDINATION WITH LOCAL LAW ENFORCEMENT. 

7 (a) IN GENERAL.—Part B of title I of the Higher 

8 Education Act of 1965 (20 U.S.C. 1011 et seq.) is amend9 ed by adding at the end the following: 

10 ‘‘SEC. 124. COORDINATION WITH LOCAL LAW ENFORCE11 MENT. 

12 ‘‘Each institution of higher education that receives 

13 funds or any other form of financial assistance under any 

14 Federal program, including participation in any federally 

15 funded or guaranteed student loan program, shall enter 

16 into, and update every 2 years, a memorandum of under17 standing with all applicable local law enforcement agencies 

18 to clearly delineate responsibilities and share information, 

19 in accordance with applicable Federal confidentiality laws, 

20 about certain serious crimes that shall include, but not 

21 be limited to, sexual violence, occurring against students 

22 of the institution or against other individuals on the cam23 pus of the institution. The memorandum of understanding 

24 shall include, but is not limited to— 


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1 ‘‘(1) delineation and sharing protocols of inves2 tigative responsibilities; 

3 ‘‘(2) protocols for investigations, including 

4 standards for notification and communication and 

5 measures to promote evidence preservation; 

6 ‘‘(3) agreed upon training and requirements for 

7 the institution on issues related to sexual violence; 

8 and 

9 ‘‘(4) a method of sharing information about 

10 specific crimes, when directed by the victim, and a 

11 method of sharing crime details anonymously in 

12 order to better protect overall campus safety.’’. 

13 (b) EFFECTIVE DATE AND PENALTY.— 

14 (1) EFFECTIVE DATE.—The amendment made 

15 by subsection (a) shall take effect on the date that 

16 is 1 year after the date of enactment of this Act. 

17 (2) PENALTY.—The Secretary of Education— 

18 (A) may impose a civil penalty of not more 

19 than 1 percent of an institution’s operating 

20 budget, as defined by the Secretary of Edu21 cation, each year that the institution of higher 

22 education fails to carry out the requirements of 

23 section 124 of the Higher Education Act of 

24 1965, as added by subsection (a), by the date 


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1 that is 1 year after the date of enactment of 

2 this Act; and 

3 (B) may waive the penalty pursuant to 

4 paragraph (3). 

5 (3) WAIVER.— 

6 (A) IN GENERAL.—If local law enforce7 ment refuses to enter into a memorandum of 

8 understanding under section 124 of the Higher 

9 Education Act of 1965, as added by subsection 

10 (a), the Secretary of Education may waive the 

11 penalty under paragraph (2) if the institution 

12 certifies why the institution was unable to ob13 tain an agreement and that the institution 

14 acted in good faith, and submits to the Sec15 retary a copy of the institution’s final offer that 

16 was ultimately rejected. The Secretary of Edu17 cation will then have the discretion to grant the 

18 waiver. 

19 (B) REFERRAL TO DEPARTMENT OF JUS20 TICE.—The Secretary of Education shall refer 

21 to the Attorney General a copy of each waiver 

22 granted under paragraph (2)(B) and the rea23 son, the Secretary has determined, why local 

24 law enforcement refuses to enter into a memo25 randum of understanding. 


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1 (C) ADMINISTRATIVE REVIEW.—If the Sec2 retary of Education does not grant a waiver 

3 under paragraph (2)(B), the institution may 

4 submit additional information to receive such 

5 waiver. If, after submitting additional informa6 tion, the Secretary still does not grant a waiver 

7 under paragraph (2)(B), the decision of the 

8 Secretary shall be subject to review pursuant to 

9 section 706(2)(A) of title 5, United States 

10 Code. 

11 (4) VOLUNTARY RESOLUTION.—Nothing in this 

12 subsection shall prevent the Secretary of Education 

13 from entering into a voluntary resolution with an in14 stitution of higher education that fails to carry out 

15 the requirements of section 124 of the Higher Edu16 cation Act of 1965, as added by subsection (a), by 

17 the date that is 1 year after the date of enactment 

18 of this Act. 

19 (c) NEGOTIATED RULEMAKING.—The Secretary of 

20 Education shall establish regulations to carry out the this 

21 section and the amendment made by this section in ac22 cordance with the requirements described under section 

23 492 of the Higher Education Act of 1965 (20 U.S.C. 

24 1098a). 


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1 SEC. 4. UNIVERSITY SUPPORT FOR SURVIVORS OF SEXUAL 

2 VIOLENCE. 

3 (a) IN GENERAL.—Part B of title I of the Higher 

4 Education Act of 1965 (20 U.S.C. 1011 et seq.) is further 

5 amended by adding after section 124 (as added by section 

6 3), the following: 

7 ‘‘SEC. 125. UNIVERSITY SUPPORT FOR SURVIVORS OF SEX8 UAL VIOLENCE. 

9 ‘‘Each institution of higher education that receives 

10 funds or any other form of financial assistance under any 

11 Federal program, including participation in any federally 

12 funded or guaranteed student loan program, shall estab13 lish a campus security policy that includes the following: 

14 ‘‘(1) The designation of 1 or more confidential 

15 advisor roles at the institution to whom victims of 

16 crime can report anonymously or directly, that com17 plies with the following: 

18 ‘‘(A) The confidential advisor shall not be 

19 a student, an employee designated as a respon20 sible employee under title IX of the Education 

21 Amendments of 1972, or the title IX coordi22 nator, but may have other roles at the institu23 tion. 

24 ‘‘(B) The Secretary shall designate existing 

25 categories of employees that may serve as con26 fidential advisors. Such designation shall not 


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1 preclude the institution from designating new 

2 or existing employees or partnering with local, 

3 State, or national victim services organizations 

4 to serve as confidential advisors or to serve in 

5 other confidential roles. 

6 ‘‘(C) The confidential advisor shall be 

7 trained to perform a victim-centered, trauma8 informed (forensic) interview, which shall focus 

9 on the experience of the victim. The confidential 

10 advisor may perform the interview for which the 

11 goal is to elicit information about the traumatic 

12 event in question so that the interview can be 

13 used in either a campus or criminal investiga14 tion or disciplinary proceeding. 

15 ‘‘(D) The confidential advisor shall inform 

16 the victim of the victim’s control over possible 

17 next steps regarding the victim’s reporting op18 tions and the consequences of those options, in19 cluding, but not limited to, the option to con20 duct a forensic interview with the option to 

21 have the forensic interview be recorded, the op22 tion to receive a copy of the recorded forensic 

23 interview with the option to notify a responsible 

24 employee and initiate a campus disciplinary 

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1 forcement and initiate a criminal investigation, 

2 the option to grant campus disciplinary officials 

3 access to the forensic interview, and the option 

4 to grant law enforcement officials access to the 

5 forensic interview. The confidential advisor shall 

6 assist in conducting a forensic interview, mak7 ing notifications, and granting access to a fo8 rensic interview as directed by the victim. 

9 ‘‘(E) The confidential advisor shall liaise 

10 with campus or local law enforcement when di11 rected by the victim, and, as appropriate, may 

12 assist the victim in contacting and reporting to 

13 campus or local law enforcement. 

14 ‘‘(F) The confidential advisor shall be au15 thorized by the institution to arrange reason16 able accommodations through the institution to 

17 allow the victim to change living arrangements 

18 or class schedules, or obtain accessibility serv19 ices, and make other changes. 

20 ‘‘(G) The confidential advisor shall also ad21 vise the victim of both the victim’s rights and 

22 the institution’s responsibilities regarding or23 ders of protection, no contact orders, restrain24 ing orders, or similar lawful orders issued by 


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1 the institution or a criminal, civil, or tribal 

2 court. 

3 ‘‘(H) The confidential advisor shall not be 

4 obligated to report crimes to the institution or 

5 law enforcement, unless otherwise required to 

6 do so by State law, and shall provide confiden7 tial services to students and employees. Re8 quests for arrangement made by a confidential 

9 advisor do not constitute notice to a responsible 

10 employee for title IX purposes, even when such 

11 advisors work only in the area of sexual assault. 

12 ‘‘(I) The name and contact information for 

13 the confidential advisor, as well as a victims’ re14 porting options, the process of investigation and 

15 adjudication both by the institution and by law 

16 enforcement, and potential reasonable accom17 modations, which shall be listed on the website 

18 of the institution. 

19 ‘‘(J) The institution may partner with an 

20 outside victim advocacy organization to provide 

21 the service described in this subparagraph. 

22 ‘‘(K) Each institution that enrolls fewer 

23 than 1,000 students may partner with another 

24 institution in their region or State to provide 

25 the services described in this subparagraph. 


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1 ‘‘(L) The institution shall appoint an ade2 quate number of confidential advisors not later 

3 than the earlier of— 

4 ‘‘(i) 1 year after the Secretary deter5 mines through a negotiated rulemaking 

6 process what an adequate number of con7 fidential advisors is for an institution 

8 based on its size; or 

9 ‘‘(ii) 3 years after the date of enact10 ment of the Campus Accountability and 

11 Safety Act. 

12 ‘‘(2) The institution may provide an online re13 porting system to collect anonymous disclosures of 

14 crimes. The victim may submit an anonymous report 

15 but the institution would only be obligated to inves16 tigate when a formal report is submitted to a re17 sponsible employee. 

18 ‘‘(3) The telephone number and URL for a 

19 local, State, or national hotline providing informa20 tion to sexual violence victims shall be clearly com21 municated on the website of the institution and up22 dated on a timely basis. 

23 ‘‘(4) The name and location of the nearest med24 ical facility where an individual may have a rape kit 

25 administered by a trained sexual violence forensic 


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1 nurse shall be included on the website of the institu2 tion, including information on transportation options 

3 and reimbursement for a visit to such facility. 

4 ‘‘(5) The institution shall provide an amnesty 

5 clause for any student who reports, in good faith, 

6 sexual violence to a responsible employee so that 

7 they will not be sanctioned by the institution for a 

8 student conduct violation, such as underage drink9 ing, that is revealed in the course of such a report.’’. 

10 (b) EFFECTIVE DATE.—Paragraphs (2) through (5) 

11 of section 125 of the Higher Education Act of 1965, as 

12 added by subsection (a), shall take effect on the date that 

13 is 1 year after the date of enactment of this Act. 

14 (c) PENALTY.— 

15 (1) IN GENERAL.—The Secretary of Education 

16 may impose a civil penalty of not more than 1 per17 cent of an institution’s operating budget, as defined 

18 by the Secretary, each year that the institution fails 

19 to carry out the requirements of— 

20 (A) section 125(1) of the Higher Edu21 cation Act of 1965, as added by subsection (a), 

22 by not later than the earlier of— 

23 (i) 1 year after the Secretary of Edu24 cation determines through a negotiated 

25 rulemaking process what an adequate 


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1 number of confidential advisors is for the 

2 institution based on its size; or 

3 (ii) 3 years after the date of enact4 ment of this Act; and 

5 (B) paragraphs (2) through (5) of section 

6 125 of the Higher Education Act of 1965, as 

7 added by subsection (a), by the date that is 1 

8 year after the date of enactment of this Act. 

9 (2) VOLUNTARY RESOLUTION.—Nothing in this 

10 subsection shall prevent the Secretary of Education 

11 from entering into a voluntary resolution with an in12 stitution of higher education that fails to carry out 

13 the requirements of— 

14 (A) section 125(1) of the Higher Edu15 cation Act of 1965, as added by subsection (a), 

16 by not later than the earlier of— 

17 (i) 1 year after the Secretary of Edu18 cation determines through a negotiated 

19 rulemaking process what an adequate 

20 number of confidential advisors is for the 

21 institution based on its size; or 

22 (ii) 3 years after the date of enact23 ment of this Act; and 

24 (B) paragraphs (2) through (5) of section 

25 125 of the Higher Education Act of 1965, as 


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1 added by subsection (a), by the date that is 1 

2 year after the date of enactment of this Act. 

3 (d) NEGOTIATED RULEMAKING.—The Secretary of 

4 Education shall establish regulations to carry out the this 

5 section and the amendment made by this section in ac6 cordance with the requirements described under section 

7 492 of the Higher Education Act of 1965 (20 U.S.C. 

8 1098a). 

9 SEC. 5. PROGRAM PARTICIPATION AGREEMENTS. 

10 Section 487(a) of the Higher Education Act of 1965 

11 (20 U.S.C. 1094(a)) is amended by striking paragraph 

12 (12) and inserting the following: 

13 ‘‘(12) The institution certifies that— 

14 ‘‘(A) the institution is in compliance with 

15 the requirements of section 124 regarding co16 ordination with local law enforcement; 

17 ‘‘(B) the institution has established sup18 port for survivors of sexual violence that meets 

19 the requirements of section 125; and 

20 ‘‘(C) the institution has complied with the 

21 disclosure requirements of section 485(f).’’. 


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1 SEC. 6. ENFORCEMENT AND TRAINING; SUBPOENA AU2 THORITY. 

3 Section 901 of the Education Amendments of 1972 

4 (20 U.S.C. 1681) is amended by adding at the end the 

5 following: 

6 ‘‘(d) WEBSITE.—The Secretary of Education shall 

7 establish a title IX website that includes the following: 

8 ‘‘(1) The name and contact information for the 

9 title IX coordinator, including a brief description of 

10 the coordinator’s role and the roles of other officials 

11 who may be contacted to discuss or report sexual 

12 harassment, for each educational institution. Each 

13 educational institution shall provide the name and 

14 contact information for the title IX coordinator to 

15 the Secretary of Education not later than 30 days 

16 after the date of enactment of the Campus Account17 ability and Safety Act. 

18 ‘‘(2) The Department’s pending investigations, 

19 enforcement actions, letters of finding, final resolu20 tions, and voluntary resolution agreements for all 

21 complaints and compliance reviews under this title 

22 related to sexual harassment. The Secretary shall in23 dicate whether the investigation, action, letter, reso24 lution, or agreement is based on a complaint or com25 pliance review. The Secretary shall make the infor26 mation under this subsection available regarding a 


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1 complaint once the Office for Civil Rights receives a 

2 written complaint, and conducts an initial evalua3 tion, and has determined that the complaint should 

4 be opened for investigation of an allegation that, if 

5 substantiated, would constitute a violation of this 

6 title. In carrying out this subsection, the Secretary 

7 shall ensure that personally identifiable information 

8 is not reported and shall comply with section 444 of 

9 the General Education Provisions Act (20 U.S.C. 

10 1232g), commonly known as the ‘Family Edu11 cational Rights and Privacy Act of 1974’. 

12 ‘‘(e) TRAINING OF RESPONSIBLE EMPLOYEES AND

13 OTHER EMPLOYEES.— 

14 ‘‘(1) RESPONSIBLE EMPLOYEE.—In this sub15 section, the term ‘responsible employee’ means an 

16 employee of an institution of higher education who 

17 has the authority to redress sexual harassment or 

18 who has the duty to report incidents of sexual har19 assment or other misconduct by students or employ20 ees to the title IX coordinator or other appropriate 

21 school designee. 

22 ‘‘(2) TRAINING OF RESPONSIBLE EMPLOY23 EES.—Each institution of higher education shall em24 ploy a responsible employee who shall complete min25 imum training requirements (as determined by the 


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1 Secretary of Education in coordination with the At2 torney General and to include training by local, 

3 State, or national victim services organizations) and 

4 shall be responsible for— 

5 ‘‘(A) reporting cases of sexual harassment 

6 to the title IX coordinator of the institution; 

7 and 

8 ‘‘(B) providing a student or employee who 

9 reports that the student or employee has been 

10 a victim of sexual harassment, including, but 

11 not limited to, sexual violence, whether the of12 fense occurred on or off campus, with a written 

13 explanation of the student or employee’s rights 

14 and options, as described in clauses (ii) through 

15 (vii) of section 485(f)(8)(B) of the Higher Edu16 cation Act of 1965. 

17 ‘‘(3) OTHER/ADDITIONAL TRAINING.—Each in18 dividual who is involved in implementing an institu19 tion of higher education’s grievance procedures, in20 cluding each individual who is responsible for resolv21 ing complaints of reported crimes, shall have train22 ing or experience in handling sexual violence com23 plaints, and the operations of the institution’s griev24 ance procedures, not later than 1 year after the date 

25 of enactment of the Campus Accountability and 


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1 Safety Act. The training shall include, but is not 

2 limited to— 

3 ‘‘(A) information on working with and 

4 interviewing persons subjected to sexual vio5 lence; 

6 ‘‘(B) information on particular types of 

7 conduct that would constitute sexual violence, 

8 including same-sex sexual violence; 

9 ‘‘(C) information on consent and the role 

10 drugs or alcohol can play in the ability to con11 sent; 

12 ‘‘(D) the effects of trauma, including 

13 neurobiological change; and 

14 ‘‘(E) cultural awareness training regarding 

15 how sexual violence may impact students dif16 ferently depending on their cultural back17 ground. 

18 ‘‘(4) UNIFORM CAMPUS-WIDE PROCESS FOR

19 DISCIPLINARY PROCEEDING RELATING TO CLAIM OF

20 SEXUAL VIOLENCE.—Each institution of higher edu21 cation that receives Federal funding— 

22 ‘‘(A) shall establish and carry out a uni23 form process (for each campus of the institu24 tion) for disciplinary proceedings relating to 

25 any claims of sexual violence; and 


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1 ‘‘(B) shall not carry out a different dis2 ciplinary process on the same campus for a 

3 matter of sexual violence, or alter the uniform 

4 process described in subparagraph (A), based 

5 on the status or characteristics of a student 

6 who will be involved in that disciplinary pro7 ceeding, including characteristics such as a stu8 dent’s membership on an athletic team, aca9 demic major, or any other characteristic or sta10 tus of a student. 

11 ‘‘(f) DEPARTMENT OF EDUCATION AND DEPART12 MENT OF JUSTICE CIVIL PENALTIES FOR INSTITUTIONS

13 OF HIGHER EDUCATION.— 

14 ‘‘(1) IN GENERAL.—Upon determination, after 

15 reasonable notice and opportunity for a hearing, that 

16 an educational institution that is an institution of 

17 higher education has violated or failed to carry out 

18 any provision of this section in a factual cir19 cumstance related to sexual violence or any regula20 tion prescribed under this section related to sexual 

21 violence, the Secretary of Education or Attorney 

22 General, may impose a civil penalty upon such insti23 tution of not more than 1 percent of the institution’s 

24 1-year operating budget, as defined by the Secretary 

25 of Education, for each violation or failure. A civil 


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1 penalty shall not interfere with the Secretary’s or 

2 Attorney General’s ability to enter into a voluntary 

3 resolution agreement with an institution of higher 

4 education. 

5 ‘‘(2) ADJUSTMENT TO PENALTIES.—Any civil 

6 penalty under paragraph (1) may be modified by the 

7 Secretary of Education or Attorney General. In de8 termining the amount of such penalty, or the 

9 amount agreed upon in compromise, the appro10 priateness of the penalty to the size of the operating 

11 budget of the educational institution subject to the 

12 determination, and the gravity of the violation or 

13 failure, and whether the violation or failure was done 

14 intentionally, negligently, or otherwise, shall be con15 sidered. 

16 ‘‘(3) DISTRIBUTION.—Any civil monetary pen17 alty or monetary settlement collected under this sub18 section shall be transferred to the Office for Civil 

19 Rights of the Department of Education or the De20 partment of Justice to be used for purposes of en21 forcing the provisions of this title related to sexual 

22 harassment. 

23 ‘‘(4) CLARIFICATION.—Nothing in the Campus 

24 Accountability and Safety Act, or any amendment 

25 made by such Act, shall alter, amend, or interfere 


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1 with the rights and remedies provided for and avail2 able under this title. 

3 ‘‘(g) STATUTE OF LIMITATIONS.—An individual may 

4 file a complaint for a violation of this title, with regards 

5 to sexual violence, with the Office for Civil Rights of the 

6 Department of Education not later than 180 days after 

7 the date of graduation or disaffiliation with the institution. 

8 ‘‘(h) SUBPOENA AND CIVIL INVESTIGATIVE DEMAND

9 AUTHORITY.— 

10 ‘‘(1) AUTHORITY TO COMPEL.—In order to ob11 tain information and documents that are relevant to 

12 determining compliance with this title, including any 

13 regulations promulgated to carry out this title, the 

14 Assistant Secretary of the Office for Civil Rights of 

15 the Department of Education and the Assistant At16 torney General of the Civil Rights Division of the 

17 Department of Justice are authorized to require by 

18 subpoena the attendance and testimony of any per19 son that one can reasonably believe to have first20 hand knowledge, including current and former stu21 dents and employees of institutions of higher edu22 cation, and the production of documents, including 

23 reports, answers, records, accounts, papers, and 

24 other data in any medium (including electronically 

25 stored information), and any tangible thing. 


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1 ‘‘(2) REFUSAL TO OBEY.—A subpoena issued 

2 under this subsection, in the case of contumacy or 

3 refusal to obey, shall be enforceable by order of any 

4 appropriate United States district court. 

5 ‘‘(3) CIVIL INVESTIGATIVE DEMAND AUTHOR6 ITY.—The Assistant Secretary of the Office for Civil 

7 Rights of the Department of Education and the As8 sistant Attorney General of the Civil Rights Division 

9 of the Department of Justice shall have civil inves10 tigative demand authority, which authorizes the re11 quest for documents of the institutions and written 

12 answers to interrogatories in order to determine 

13 compliance with title IX. 

14 ‘‘(i) COORDINATOR.—Each educational institution 

15 that receives Federal financial assistance from the Depart16 ment of Education shall submit, annually, to the Office 

17 for Civil Rights of the Department of Education and the 

18 Civil Rights Division of the Department of Justice, the 

19 name of the title IX coordinator of the institution, includ20 ing a brief description of the coordinator’s role and the 

21 roles of other officials of the institution who may be con22 tacted to discuss or report sexual violence, and documenta23 tion of training received by the title IX coordinator. The 

24 educational institution shall provide updated information 

25 to the Office for Civil Rights of the Department of EduVerDate Mar 15 2010 20:58 Aug 13, 2014 Jkt 039200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H5354.IH H5354

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1 cation and the Civil Rights Division of the Department 

2 of Justice not later than 30 days after the date of any 

3 change.’’. 

4 SEC. 7. TRAINING FOR CAMPUS PERSONNEL ON VICTIM5 CENTERED TRAUMA-INFORMED (FORENSIC) 

6 INTERVIEWS. 

7 Section 304 of the Violence Against Women and De8 partment of Justice Reauthorization Act of 2005 (42 

9 U.S.C. 14045b) is amended— 

10 (1) in subsection (a)(2), by striking ‘‘$300,000’’ 

11 and inserting ‘‘$500,000’’; 

12 (2) in subsection (b), by adding at the end the 

13 following: 

14 ‘‘(11) To train campus personnel in conducting 

15 victim-centered, trauma-informed (forensic) inter16 views.’’; and 

17 (3) in subsection (g)— 

18 (A) by striking ‘‘In this section’’ and in19 serting ‘‘(1) IN GENERAL.—In this section’’; 

20 and 

21 (B) by adding at the end the following: 

22 ‘‘(2) VICTIM-CENTERED, TRAUMA-INFORMED

23 (FORENSIC) INTERVIEW.—In this section, the term 

24 ‘victim-centered, trauma-informed (forensic) inter25 view’ means an evidence-based interview focused on 


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1 the experience of the victim, conducted by a trained 

2 forensic interviewer, in which the goal of the inter3 view is to elicit information about the traumatic 

4 event in question for use in a future investigation. 

5 The victim shall be given the option to have the 

6 interview recorded and to receive a copy of the re7 corded interview. The victim shall be informed of the 

8 reasons why the victim may or may not choose to 

9 have the interview recorded.’’. 

Æ 


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