II 

113TH CONGRESS 

2D SESSION S. 2692 

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 SENATE OF THE UNITED STATES 

JULY 30, 2014 

Mrs. MCCASKILL (for herself, Mr. HELLER, Mr. BLUMENTHAL, Mr. GRASSLEY, Mrs. GILLIBRAND, Ms. AYOTTE, Mr. WARNER, Mr. RUBIO, Mrs. 

BOXER, and Mr. GRAHAM) 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 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Campus Accountability 

5 and Safety Act’’. 


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1 SEC. 2. AMENDMENTS TO THE CLERY ACT. 

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

3 (20 U.S.C. 1092(f)) (known as the Jeanne Clery Disclo4 sure of Campus Security Policy and Campus Crime Statis5 tics Act) is amended— 

6 (1) in paragraph (1)— 

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

8 institution’’ after ‘‘through appropriate publica9 tions or mailings’’; 

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

11 clause (ii) and inserting the following: 

12 ‘‘(ii) the memorandum of understanding 

13 between the institution and local law enforce14 ment that is required under section 124 (or, if 

15 such requirement has been waived, a description 

16 of the working relationship of campus security 

17 personnel with State and local law enforcement 

18 agencies); and’’; and 

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

20 ‘‘(K)(i) With respect to the criminal activ21 ity described in subparagraph (F)(i)(II), the eli22 gible institution shall prepare by not later than 

23 1 year after the date of enactment of the Cam24 pus Accountability and Safety Act, and annu25 ally thereafter, the following additions: 


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

2 investigated by the institution. 

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

4 referred for a disciplinary proceeding at 

5 the institution. 

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

7 referred to local or State law enforcement. 

8 ‘‘(IV) The number of alleged per9 petrators that were found responsible by 

10 the disciplinary proceeding at the institu11 tion. 

12 ‘‘(V) The number of alleged perpetra13 tors that were found not responsible by the 

14 disciplinary proceeding at the institution. 

15 ‘‘(VI) A description of the final sanc16 tions imposed by the institution for each 

17 offense perpetrated. 

18 ‘‘(VII) The number of disciplinary 

19 proceedings at the institution that have 

20 closed without resolution. 

21 ‘‘(ii) The Secretary shall provide technical 

22 assistance to eligible institutions to assist in 

23 meeting such additional preparation obliga24 tions.’’; 


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

2 following: 

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

4 and (ii) of paragraph (1)(F)— 

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

6 persons accused of crimes; and 

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

8 the following definitions: 

9 ‘‘(I) For the offenses of domestic vio10 lence, dating violence, and stalking, such 

11 statistics shall be compiled in accordance 

12 with the definitions used in section 

13 40002(a) of the Violence Against Women 

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

15 ‘‘(II) For offenses not described in 

16 subclause (I), such statistics shall be com17 piled in accordance with— 

18 ‘‘(aa) either the National Inci19 dent-Based Reporting System or the 

20 Uniform Crime Reporting Program of 

21 the Federal Bureau of Investigation, 

22 if a definition is available; and 

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

24 in either the National Incident-Based 

25 Reporting System or the Uniform 


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1 Crime Reporting Program of the Fed2 eral Bureau of Investigation, a defini3 tion provided by the Secretary. 

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

5 publicly available a definition for any offense that— 

6 ‘‘(i) is required to be reported in accord7 ance with paragraph (1)(F); 

8 ‘‘(ii) is not an offense described in sub9 paragraph (A)(ii)(I); and 

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

11 Incident-Based Reporting System or the Uni12 form Crime Reporting Program of the Federal 

13 Bureau of Investigation.’’; 

14 (3) in paragraph (8)(B)(i)— 

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

16 by inserting ‘‘, developed in consultation with 

17 local, State, and national sexual assault, dating 

18 violence, domestic violence, and stalking victim 

19 advocacy, victim services, or prevention organi20 zations, and local law enforcement,’’ after 

21 ‘‘Education programs’’; and 

22 (B) in subclause (I)(aa), by inserting ‘‘, in23 cluding the fact that these are crimes for the 

24 purposes of this subsection and reporting under 

25 this subsection and the institution of higher 


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1 education will, based on the victim’s wishes, co2 operate with local law enforcement with respect 

3 to any alleged criminal offenses involving stu4 dents or employees of the institution of higher 

5 education’’ after ‘‘stalking’’; 

6 (4) by redesignating paragraph (18) as para7 graph (22); and 

8 (5) by inserting after paragraph (17) the fol9 lowing: 

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

11 education that is designated as a responsible em12 ployee, as defined in section 901(e) of the Education 

13 Amendments of 1972, shall be considered a campus 

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

15 title 34, Code of Federal Regulations. 

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

17 with the Attorney General, develop, design, and ad18 minister through an online portal, a standardized, 

19 online survey of students regarding their experiences 

20 with sexual violence and harassment. The survey 

21 shall be administered every year. The survey shall 

22 not include any personally identifiable information. 

23 The Secretary shall develop such survey tool using 

24 best practices from peer-reviewed research meas25 uring sexual violence and harassment. In addition to 


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1 the standardized questions developed by the Sec2 retary, institutions completing the survey may re3 quest additional information from students that 

4 would increase the institutions’ understanding of 

5 school climate factors unique to their campuses. 

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

7 Secretary shall require each institution participating 

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

9 adequate, random, and representative sample size of 

10 students enrolled at the institution complete the sur11 vey described in subparagraph (A) not later than 1 

12 year after the date of enactment of the Campus Ac13 countability and Safety Act. 

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

15 confidentially and shall not be included in crime sta16 tistics reported under this subsection. In addition, 

17 questions should be designed to gather information 

18 on survivor experiences, and shall therefore use trau19 ma-informed language to prevent re-traumatization. 

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

21 shall include, but is not limited to, the following top22 ics: 

23 ‘‘(i) Those designed to determine the inci24 dence and prevalence of sexual violence, dating 

25 violence, domestic violence, and stalking. 


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1 ‘‘(ii) Those on whether students know 

2 about institutional policies and procedures. 

3 ‘‘(iii) Those on, if victims reported the vio4 lence, to whom and what response did they re5 ceive and if they were informed of, or referred 

6 to, local, State, on-campus, and or national re7 sources. 

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

9 whether force, incapacitation, or coercion was 

10 involved. 

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

12 student. 

13 ‘‘(vi) Those on whether the victim was re14 ferred to local or State law enforcement. 

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

16 an annual report on the information gained from the 

17 survey under this paragraph on the website of the 

18 Department and submit such report to Congress. 

19 The report shall include campus-level data for each 

20 school and attributed by name of each campus. 

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

22 enactment of the Campus Accountability and Safety 

23 Act, the Assistant Secretary for Postsecondary Edu24 cation of the Department and the Assistant Sec25 retary for Civil Rights of the Department shall jointVerDate Mar 15 2010 23:36 Aug 05, 2014 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2692.IS S2692

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1 ly develop and make publicly available guidance re2 garding the intersection between this subsection and 

3 title IX of the Education Amendments of 1972, in 

4 order to clarify how the provisions of this subsection 

5 and such title shall be carried out. The guidance 

6 shall include clarifying language on how this sub7 section and such title IX interact pertaining to sex8 ual violence, and shall clarify and resolve any poten9 tial discrepancies or inconsistencies between the two. 

10 ‘‘(21) Notwithstanding any other provision of 

11 this Act, upon determination, after reasonable notice 

12 and opportunity for a hearing, that an eligible insti13 tution has violated or failed to carry out any provi14 sion of this subsection, or agreement made to resolve 

15 a compliance review under this subsection, or any 

16 regulation prescribed under this subsection, the Sec17 retary may impose a civil penalty upon such institu18 tion not to exceed $150,000, which shall be adjusted 

19 for inflation annually, for each violation or misrepre20 sentation, or per month a survey is not completed at 

21 the standard required. The Secretary may use any 

22 such civil penalty funds to enforce and administer 

23 the provisions of this subsection.’’. 


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1 SEC. 3. COORDINATION WITH LOCAL LAW ENFORCEMENT. 

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

3 Education Act of 1965 (20 U.S.C. 1011 et seq.) is amend4 ed by adding at the end the following: 

5 ‘‘SEC. 124. COORDINATION WITH LOCAL LAW ENFORCE6 MENT. 

7 ‘‘Each institution of higher education that receives 

8 funds or any other form of financial assistance under any 

9 Federal program, including participation in any federally 

10 funded or guaranteed student loan program, shall enter 

11 into, and update every 2 years, a memorandum of under12 standing with all applicable local law enforcement agencies 

13 to clearly delineate responsibilities and share information, 

14 in accordance with applicable Federal confidentiality laws, 

15 about certain serious crimes that shall include, but not 

16 be limited to, sexual violence, occurring against students 

17 of the institution or against other individuals on the cam18 pus of the institution. The memorandum of understanding 

19 shall include, but is not limited to— 

20 ‘‘(1) delineation and sharing protocols of inves21 tigative responsibilities; 

22 ‘‘(2) protocols for investigations, including 

23 standards for notification and communication and 

24 measures to promote evidence preservation; 


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

2 the institution on issues related to sexual violence; 

3 and 

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

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

6 method of sharing crime details anonymously in 

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

8 (b) EFFECTIVE DATE AND PENALTY.— 

9 (1) EFFECTIVE DATE.—The amendment made 

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

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

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

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

14 than 1 percent of an institution’s operating 

15 budget, as defined by the Secretary of Edu16 cation, each year that the institution of higher 

17 education fails to carry out the requirements of 

18 section 124 of the Higher Education Act of 

19 1965, as added by subsection (a), by the date 

20 that is 1 year after the date of enactment of 

21 this Act; and 

22 (B) may waive the penalty pursuant to 

23 paragraph (3). 

24 (3) WAIVER.— 


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1 (A) IN GENERAL.—If local law enforce2 ment refuses to enter into a memorandum of 

3 understanding under section 124 of the Higher 

4 Education Act of 1965, as added by subsection 

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

6 penalty under paragraph (2) if the institution 

7 certifies why the institution was unable to ob8 tain an agreement and that the institution 

9 acted in good faith, and submits to the Sec10 retary a copy of the institution’s final offer that 

11 was ultimately rejected. The Secretary of Edu12 cation will then have the discretion to grant the 

13 waiver. 

14 (B) REFERRAL TO DEPARTMENT OF JUS15 TICE.—The Secretary of Education shall refer 

16 to the Attorney General a copy of each waiver 

17 granted under paragraph (2)(B) and the rea18 son, the Secretary has determined, why local 

19 law enforcement refuses to enter into a memo20 randum of understanding. 

21 (C) ADMINISTRATIVE REVIEW.—If the Sec22 retary of Education does not grant a waiver 

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

24 submit additional information to receive such 

25 waiver. If, after submitting additional informaVerDate Mar 15 2010 23:36 Aug 05, 2014 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S2692.IS S2692

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1 tion, the Secretary still does not grant a waiver 

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

3 Secretary shall be subject to review pursuant to 

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

5 Code. 

6 (4) VOLUNTARY RESOLUTION.—Nothing in this 

7 subsection shall prevent the Secretary of Education 

8 from entering into a voluntary resolution with an in9 stitution of higher education that fails to carry out 

10 the requirements of section 124 of the Higher Edu11 cation Act of 1965, as added by subsection (a), by 

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

13 of this Act. 

14 (c) NEGOTIATED RULEMAKING.—The Secretary of 

15 Education shall establish regulations to carry out the this 

16 section and the amendment made by this section in ac17 cordance with the requirements described under section 

18 492 of the Higher Education Act of 1965 (20 U.S.C. 

19 1098a). 

20 SEC. 4. UNIVERSITY SUPPORT FOR SURVIVORS OF SEXUAL 

21 VIOLENCE. 

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

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

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

25 3), the following: 


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1 ‘‘SEC. 125. UNIVERSITY SUPPORT FOR SURVIVORS OF SEX2 UAL VIOLENCE. 

3 ‘‘Each institution of higher education that receives 

4 funds or any other form of financial assistance under any 

5 Federal program, including participation in any federally 

6 funded or guaranteed student loan program, shall estab7 lish a campus security policy that includes the following: 

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

9 advisor roles at the institution to whom victims of 

10 crime can report anonymously or directly, that com11 plies with the following: 

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

13 a student, an employee designated as a respon14 sible employee under title IX of the Education 

15 Amendments of 1972, or the title IX coordi16 nator, but may have other roles at the institu17 tion. 

18 ‘‘(B) The Secretary shall designate existing 

19 categories of employees that may serve as con20 fidential advisors. Such designation shall not 

21 preclude the institution from designating new 

22 or existing employees or partnering with local, 

23 State, or national victim services organizations 

24 to serve as confidential advisors or to serve in 

25 other confidential roles. 


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1 ‘‘(C) The confidential advisor shall be 

2 trained to perform a victim-centered, trauma3 informed (forensic) interview, which shall focus 

4 on the experience of the victim. The confidential 

5 advisor may perform the interview for which the 

6 goal is to elicit information about the traumatic 

7 event in question so that the interview can be 

8 used in either a campus or criminal investiga9 tion or disciplinary proceeding. 

10 ‘‘(D) The confidential advisor shall inform 

11 the victim of the victim’s control over possible 

12 next steps regarding the victim’s reporting op13 tions and the consequences of those options, in14 cluding, but not limited to, the option to con15 duct a forensic interview with the option to 

16 have the forensic interview be recorded, the op17 tion to receive a copy of the recorded forensic 

18 interview with the option to notify a responsible 

19 employee and initiate a campus disciplinary 

20 proceeding, the option to notify local law en21 forcement and initiate a criminal investigation, 

22 the option to grant campus disciplinary officials 

23 access to the forensic interview, and the option 

24 to grant law enforcement officials access to the 

25 forensic interview. The confidential advisor shall 


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1 assist in conducting a forensic interview, mak2 ing notifications, and granting access to a fo3 rensic interview as directed by the victim. 

4 ‘‘(E) The confidential advisor shall liaise 

5 with campus or local law enforcement when di6 rected by the victim, and, as appropriate, may 

7 assist the victim in contacting and reporting to 

8 campus or local law enforcement. 

9 ‘‘(F) The confidential advisor shall be au10 thorized by the institution to arrange reason11 able accommodations through the institution to 

12 allow the victim to change living arrangements 

13 or class schedules, or obtain accessibility serv14 ices, and make other changes. 

15 ‘‘(G) The confidential advisor shall also ad16 vise the victim of both the victim’s rights and 

17 the institution’s responsibilities regarding or18 ders of protection, no contact orders, restrain19 ing orders, or similar lawful orders issued by 

20 the institution or a criminal, civil, or tribal 

21 court. 

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

23 obligated to report crimes to the institution or 

24 law enforcement, unless otherwise required to 

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1 tial services to students and employees. Re2 quests for arrangement made by a confidential 

3 advisor do not constitute notice to a responsible 

4 employee for title IX purposes, even when such 

5 advisors work only in the area of sexual assault. 

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

7 the confidential advisor, as well as a victims’ re8 porting options, the process of investigation and 

9 adjudication both by the institution and by law 

10 enforcement, and potential reasonable accom11 modations, which shall be listed on the website 

12 of the institution. 

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

14 outside victim advocacy organization to provide 

15 the service described in this subparagraph. 

16 ‘‘(K) Each institution that enrolls fewer 

17 than 1,000 students may partner with another 

18 institution in their region or State to provide 

19 the services described in this subparagraph. 

20 ‘‘(L) The institution shall appoint an ade21 quate number of confidential advisors not later 

22 than the earlier of— 

23 ‘‘(i) 1 year after the Secretary deter24 mines through a negotiated rulemaking 

25 process what an adequate number of conVerDate Mar 15 2010 23:36 Aug 05, 2014 Jkt 039200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S2692.IS S2692

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1 fidential advisors is for an institution 

2 based on its size; or 

3 ‘‘(ii) 3 years after the date of enact4 ment of the Campus Accountability and 

5 Safety Act. 

6 ‘‘(2) The institution may provide an online re7 porting system to collect anonymous disclosures of 

8 crimes. The victim may submit an anonymous report 

9 but the institution would only be obligated to inves10 tigate when a formal report is submitted to a re11 sponsible employee. 

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

13 local, State, or national hotline providing informa14 tion to sexual violence victims shall be clearly com15 municated on the website of the institution and up16 dated on a timely basis. 

17 ‘‘(4) The name and location of the nearest med18 ical facility where an individual may have a rape kit 

19 administered by a trained sexual violence forensic 

20 nurse shall be included on the website of the institu21 tion, including information on transportation options 

22 and reimbursement for a visit to such facility. 

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

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

25 sexual violence to a responsible employee so that 


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1 they will not be sanctioned by the institution for a 

2 student conduct violation, such as underage drink3 ing, that is revealed in the course of such a report.’’. 

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

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

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

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

8 (c) PENALTY.— 

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

10 may impose a civil penalty of not more than 1 per11 cent of an institution’s operating budget, as defined 

12 by the Secretary, each year that the institution fails 

13 to carry out 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 (2) VOLUNTARY RESOLUTION.—Nothing in this 

4 subsection shall prevent the Secretary of Education 

5 from entering into a voluntary resolution with an in6 stitution of higher education that fails to carry out 

7 the requirements of— 

8 (A) section 125(1) of the Higher Edu9 cation Act of 1965, as added by subsection (a), 

10 by not later than the earlier of— 

11 (i) 1 year after the Secretary of Edu12 cation determines through a negotiated 

13 rulemaking process what an adequate 

14 number of confidential advisors is for the 

15 institution based on its size; or 

16 (ii) 3 years after the date of enact17 ment of this Act; and 

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

19 125 of the Higher Education Act of 1965, as 

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

21 year after the date of enactment of this Act. 

22 (d) NEGOTIATED RULEMAKING.—The Secretary of 

23 Education shall establish regulations to carry out the this 

24 section and the amendment made by this section in ac25 cordance with the requirements described under section 


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1 492 of the Higher Education Act of 1965 (20 U.S.C. 

2 1098a). 

3 SEC. 5. PROGRAM PARTICIPATION AGREEMENTS. 

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

5 (20 U.S.C. 1094(a)) is amended by striking paragraph 

6 (12) and inserting the following: 

7 ‘‘(12) The institution certifies that— 

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

9 the requirements of section 124 regarding co10 ordination with local law enforcement; 

11 ‘‘(B) the institution has established sup12 port for survivors of sexual violence that meets 

13 the requirements of section 125; and 

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

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

16 SEC. 6. ENFORCEMENT AND TRAINING; SUBPOENA AU17 THORITY. 

18 Section 901 of the Education Amendments of 1972 

19 (20 U.S.C. 1681) is amended by adding at the end the 

20 following: 

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

22 establish a title IX website that includes the following: 

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

24 title IX coordinator, including a brief description of 

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


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1 who may be contacted to discuss or report sexual 

2 harassment, for each educational institution. Each 

3 educational institution shall provide the name and 

4 contact information for the title IX coordinator to 

5 the Secretary of Education not later than 30 days 

6 after the date of enactment of the Campus Account7 ability and Safety Act. 

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

9 enforcement actions, letters of finding, final resolu10 tions, and voluntary resolution agreements for all 

11 complaints and compliance reviews under this title 

12 related to sexual harassment. The Secretary shall in13 dicate whether the investigation, action, letter, reso14 lution, or agreement is based on a complaint or com15 pliance review. The Secretary shall make the infor16 mation under this subsection available regarding a 

17 complaint once the Office for Civil Rights receives a 

18 written complaint, and conducts an initial evalua19 tion, and has determined that the complaint should 

20 be opened for investigation of an allegation that, if 

21 substantiated, would constitute a violation of this 

22 title. In carrying out this subsection, the Secretary 

23 shall ensure that personally identifiable information 

24 is not reported and shall comply with section 444 of 

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


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1 1232g), commonly known as the ‘Family Edu2 cational Rights and Privacy Act of 1974’. 

3 ‘‘(e) TRAINING OF RESPONSIBLE EMPLOYEES AND

4 OTHER EMPLOYEES.— 

5 ‘‘(1) RESPONSIBLE EMPLOYEE.—In this sub6 section, the term ‘responsible employee’ means an 

7 employee of an institution of higher education who 

8 has the authority to redress sexual harassment or 

9 who has the duty to report incidents of sexual har10 assment or other misconduct by students or employ11 ees to the title IX coordinator or other appropriate 

12 school designee. 

13 ‘‘(2) TRAINING OF RESPONSIBLE EMPLOY14 EES.—Each institution of higher education shall em15 ploy a responsible employee who shall complete min16 imum training requirements (as determined by the 

17 Secretary of Education in coordination with the At18 torney General and to include training by local, 

19 State, or national victim services organizations) and 

20 shall be responsible for— 

21 ‘‘(A) reporting cases of sexual harassment 

22 to the title IX coordinator of the institution; 

23 and 

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

25 reports that the student or employee has been 


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1 a victim of sexual harassment, including, but 

2 not limited to, sexual violence, whether the of3 fense occurred on or off campus, with a written 

4 explanation of the student or employee’s rights 

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

6 (vii) of section 485(f)(8)(B) of the Higher Edu7 cation Act of 1965. 

8 ‘‘(3) OTHER/ADDITIONAL TRAINING.—Each in9 dividual who is involved in implementing an institu10 tion of higher education’s grievance procedures, in11 cluding each individual who is responsible for resolv12 ing complaints of reported crimes, shall have train13 ing or experience in handling sexual violence com14 plaints, and the operations of the institution’s griev15 ance procedures, not later than 1 year after the date 

16 of enactment of the Campus Accountability and 

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

18 limited to— 

19 ‘‘(A) information on working with and 

20 interviewing persons subjected to sexual vio21 lence; 

22 ‘‘(B) information on particular types of 

23 conduct that would constitute sexual violence, 

24 including same-sex sexual violence; 


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

2 drugs or alcohol can play in the ability to con3 sent; 

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

5 neurobiological change; and 

6 ‘‘(E) cultural awareness training regarding 

7 how sexual violence may impact students dif8 ferently depending on their cultural back9 ground. 

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

11 DISCIPLINARY PROCEEDING RELATING TO CLAIM OF

12 SEXUAL VIOLENCE.—Each institution of higher edu13 cation that receives Federal funding— 

14 ‘‘(A) shall establish and carry out a uni15 form process (for each campus of the institu16 tion) for disciplinary proceedings relating to 

17 any claims of sexual violence; and 

18 ‘‘(B) shall not carry out a different dis19 ciplinary process on the same campus for a 

20 matter of sexual violence, or alter the uniform 

21 process described in subparagraph (A), based 

22 on the status or characteristics of a student 

23 who will be involved in that disciplinary pro24 ceeding, including characteristics such as a stu25 dent’s membership on an athletic team, acaVerDate Mar 15 2010 23:36 Aug 05, 2014 Jkt 039200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S2692.IS S2692

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1 demic major, or any other characteristic or sta2 tus of a student. 

3 ‘‘(f) DEPARTMENT OF EDUCATION AND DEPART4 MENT OF JUSTICE CIVIL PENALTIES FOR INSTITUTIONS

5 OF HIGHER EDUCATION.— 

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

7 reasonable notice and opportunity for a hearing, that 

8 an educational institution that is an institution of 

9 higher education has violated or failed to carry out 

10 any provision of this section in a factual cir11 cumstance related to sexual violence or any regula12 tion prescribed under this section related to sexual 

13 violence, the Secretary of Education or Attorney 

14 General, may impose a civil penalty upon such insti15 tution of not more than 1 percent of the institution’s 

16 1-year operating budget, as defined by the Secretary 

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

18 penalty shall not interfere with the Secretary’s or 

19 Attorney General’s ability to enter into a voluntary 

20 resolution agreement with an institution of higher 

21 education. 

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

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

24 Secretary of Education or Attorney General. In de25 termining the amount of such penalty, or the 


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1 amount agreed upon in compromise, the appro2 priateness of the penalty to the size of the operating 

3 budget of the educational institution subject to the 

4 determination, and the gravity of the violation or 

5 failure, and whether the violation or failure was done 

6 intentionally, negligently, or otherwise, shall be con7 sidered. 

8 ‘‘(3) DISTRIBUTION.—Any civil monetary pen9 alty or monetary settlement collected under this sub10 section shall be transferred to the Office for Civil 

11 Rights of the Department of Education or the De12 partment of Justice to be used for purposes of en13 forcing the provisions of this title related to sexual 

14 harassment. 

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

16 Accountability and Safety Act, or any amendment 

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

18 with the rights and remedies provided for and avail19 able under this title. 

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

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

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

23 Department of Education not later than 180 days after 

24 the date of graduation or disaffiliation with the institution. 


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1 ‘‘(h) SUBPOENA AND CIVIL INVESTIGATIVE DEMAND

2 AUTHORITY.— 

3 ‘‘(1) AUTHORITY TO COMPEL.—In order to ob4 tain information and documents that are relevant to 

5 determining compliance with this title, including any 

6 regulations promulgated to carry out this title, the 

7 Assistant Secretary of the Office for Civil Rights of 

8 the Department of Education and the Assistant At9 torney General of the Civil Rights Division of the 

10 Department of Justice are authorized to require by 

11 subpoena the attendance and testimony of any per12 son that one can reasonably believe to have first13 hand knowledge, including current and former stu14 dents and employees of institutions of higher edu15 cation, and the production of documents, including 

16 reports, answers, records, accounts, papers, and 

17 other data in any medium (including electronically 

18 stored information), and any tangible thing. 

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

20 under this subsection, in the case of contumacy or 

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

22 appropriate United States district court. 

23 ‘‘(3) CIVIL INVESTIGATIVE DEMAND AUTHOR24 ITY.—The Assistant Secretary of the Office for Civil 

25 Rights of the Department of Education and the AsVerDate Mar 15 2010 23:36 Aug 05, 2014 Jkt 039200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S2692.IS S2692

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1 sistant Attorney General of the Civil Rights Division 

2 of the Department of Justice shall have civil inves3 tigative demand authority, which authorizes the re4 quest for documents of the institutions and written 

5 answers to interrogatories in order to determine 

6 compliance with title IX. 

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

8 that receives Federal financial assistance from the Depart9 ment of Education shall submit, annually, to the Office 

10 for Civil Rights of the Department of Education and the 

11 Civil Rights Division of the Department of Justice, the 

12 name of the title IX coordinator of the institution, includ13 ing a brief description of the coordinator’s role and the 

14 roles of other officials of the institution who may be con15 tacted to discuss or report sexual violence, and documenta16 tion of training received by the title IX coordinator. The 

17 educational institution shall provide updated information 

18 to the Office for Civil Rights of the Department of Edu19 cation and the Civil Rights Division of the Department 

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

21 change.’’. 


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1 SEC. 7. TRAINING FOR CAMPUS PERSONNEL ON VICTIM2 CENTERED TRAUMA-INFORMED (FORENSIC) 

3 INTERVIEWS. 

4 Section 304 of the Violence Against Women and De5 partment of Justice Reauthorization Act of 2005 (42 

6 U.S.C. 14045b) is amended— 

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

8 and inserting ‘‘$500,000’’; 

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

10 following: 

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

12 victim-centered, trauma-informed (forensic) inter13 views.’’; and 

14 (3) in subsection (g)— 

15 (A) by striking ‘‘In this section’’ and in16 serting ‘‘(1) IN GENERAL.—In this section’’; 

17 and 

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

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

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

21 ‘victim-centered, trauma-informed (forensic) inter22 view’ means an evidence-based interview focused on 

23 the experience of the victim, conducted by a trained 

24 forensic interviewer, in which the goal of the inter25 view is to elicit information about the traumatic 

26 event in question for use in a future investigation. 


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1 The victim shall be given the option to have the 

2 interview recorded and to receive a copy of the re3 corded interview. The victim shall be informed of the 

4 reasons why the victim may or may not choose to 

5 have the interview recorded.’’. 

Æ 


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