II 

114TH CONGRESS 

1ST SESSION S. 590 

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 

FEBRUARY 26, 2015 

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

PETERS, Mrs. CAPITO, Mr. WHITEHOUSE, Mr. BLUNT, Mrs. BOXER, Mr. 

REED, Ms. STABENOW, and Mrs. SHAHEEN) 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 ‘‘which shall include publi8 cation on the website of the institution and 

9 publication or mailings’’ after ‘‘through appro10 priate publications or mailings,’’; 

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

12 clause (ii) and inserting the following: 

13 ‘‘(ii) the memorandum of understanding 

14 between the institution and local law enforce15 ment that is required under section 124 (or, if 

16 such requirement has been waived, a description 

17 of the working relationship of campus security 

18 personnel with State and local law enforcement 

19 agencies); and’’; and 

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

21 ‘‘(K)(i) With respect to the criminal activ22 ity described in subparagraph (F)(i)(II), the eli23 gible institution shall prepare for the annual se24 curity report that is due following 1 year after 

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1 ability and Safety Act, and annually thereafter, 

2 the following additions: 

3 ‘‘(I) The number of such incidents 

4 that were reported to the title IX coordi5 nator (as defined in section 125(a)) or 

6 other higher education responsible em7 ployee (as defined in section 125(a)) of the 

8 institution. 

9 ‘‘(II) Of those incidents in subclause 

10 (I), the number of victims who sought 

11 campus disciplinary action at the institu12 tion. 

13 ‘‘(III) Of those victims in subclause 

14 (II), the number of cases processed 

15 through the student disciplinary process of 

16 the institution. 

17 ‘‘(IV) Of those cases in subclause 

18 (III), the number of accused individuals 

19 who were found responsible through the 

20 student disciplinary process of the institu21 tion. 

22 ‘‘(V) Of those cases in subclause (III), 

23 the number of accused individuals who 

24 were found not responsible through the 


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1 student disciplinary process of the institu2 tion. 

3 ‘‘(VI) A description of the final sanc4 tions imposed by the institution for each 

5 incident for which an accused individual 

6 was found responsible through the student 

7 disciplinary process of the institution. 

8 ‘‘(VII) The number of student dis9 ciplinary proceedings at the institution 

10 that have closed without resolution since 

11 the previous annual security report. 

12 ‘‘(ii) The Secretary shall provide technical 

13 assistance to eligible institutions to assist such 

14 institutions in meeting the requirements of this 

15 subparagraph.’’; 

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

17 following; 

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

19 and (ii) of paragraph (1)(F)— 

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

21 persons accused of crimes; and 

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

23 the following definitions: 

24 ‘‘(I) For the offenses of domestic vio25 lence, dating violence, and stalking, such 


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1 statistics shall be compiled in accordance 

2 with the definitions used in section 

3 40002(a) of the Violence Against Women 

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

5 ‘‘(II) For offenses not described in 

6 subclause (I), such statistics shall be com7 piled in accordance with— 

8 ‘‘(aa) either the National Inci9 dent-Based Reporting System or the 

10 Uniform Crime Reporting Program of 

11 the Federal Bureau of Investigation, 

12 if a definition is available; and 

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

14 in either the National Incident-Based 

15 Reporting System or the Uniform 

16 Crime Reporting Program of the Fed17 eral Bureau of Investigation, a defini18 tion provided by the Secretary. 

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

20 publicly available a definition for any offense that— 

21 ‘‘(i) is required to be reported in accord22 ance with paragraph (1)(F); 

23 ‘‘(ii) is not an offense described in sub24 paragraph (A)(ii)(I); and 


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

2 Incident-Based Reporting System or the Uni3 form Crime Reporting Program of the Federal 

4 Bureau of Investigation.’’; 

5 (3) in paragraph (8)(B)— 

6 (A) in clause (i)— 

7 (i) in the matter preceding subclause 

8 (I), by inserting ‘‘, developed in consulta9 tion with local, State, or national sexual 

10 assault, dating violence, domestic violence, 

11 and stalking victim advocacy, victim serv12 ices, or prevention organizations, and local 

13 law enforcement,’’ after ‘‘Education pro14 grams’’; and 

15 (ii) in subclause (I)(aa), by inserting 

16 ‘‘, including the fact that these are crimes 

17 for the purposes of this subsection and re18 porting under this subsection, and the in19 stitution of higher education will, based on 

20 the victim’s wishes, cooperate with local 

21 law enforcement with respect to any al22 leged criminal offenses involving students 

23 or employees of the institution of higher 

24 education’’ after ‘‘stalking’’; and 

25 (B) in clause (iv)— 


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1 (i) by redesignating subclauses (II) 

2 and (III) as subclauses (III) and (IV), re3 spectively; 

4 (ii) by inserting after subclause (I) 

5 the following: 

6 ‘‘(II) the institution will comply 

7 with the requirements of section 

8 125(b), and shall include a description 

9 of such requirements;’’; and 

10 (iii) in subclause (IV), as redesignated 

11 by clause (i)— 

12 (I) in item (aa), by inserting ‘‘, 

13 within 24 hours of such determina14 tion’’ after ‘‘sexual assault, or stalk15 ing’’; 

16 (II) in item (cc), by inserting 

17 ‘‘within 24 hours of such change’’ 

18 after ‘‘results become final’’; and 

19 (III) in item (dd), by inserting 

20 ‘‘within 24 hours of such determina21 tion’’ after ‘‘results become final’’; 

22 (4) by redesignating paragraph (18) as para23 graph (22); and 

24 (5) by inserting after paragraph (17) the fol25 lowing: 


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1 ‘‘(18) Each individual at an institution of high2 er education who is designated as a higher education 

3 responsible employee, (as defined in section 125(a)), 

4 shall be considered a campus security authority, as 

5 defined in section 668.46(a) of title 34, Code of 

6 Federal Regulations. 

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

8 with the Attorney General, develop, design, and ad9 minister through an online portal, a standardized 

10 online survey of students regarding their experiences 

11 with sexual violence and harassment. The survey 

12 shall not include any personally identifiable informa13 tion. The Secretary shall develop such survey tool 

14 using best practices from peer-reviewed research 

15 measuring sexual violence and harassment. The sur16 vey shall be fair and unbiased, scientifically valid 

17 and reliable, and meet the highest standards of sur18 vey research. Survey questions shall be designed to 

19 gather information on survivor experiences, and shall 

20 therefore use trauma-informed language to prevent 

21 retraumatization 

22 ‘‘(B) Each institution shall administer the sur23 vey described in subparagraph (A) every 2 years. In 

24 addition to the standardized questions developed by 

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1 formation from students that would increase the in2 stitutions’ understanding of school climate factors 

3 unique to their campuses. If an institution is grant4 ed approval to do so by the Secretary, an institution 

5 may administer such survey through a third party. 

6 ‘‘(C) The Secretary shall require each institu7 tion participating in any program under this title to 

8 ensure that an adequate, random, and representative 

9 sample size of students (as determined by the Sec10 retary) enrolled at the institution complete the sur11 vey described in subparagraph (A) in accordance 

12 with this paragraph and beginning not later than 1 

13 year after the date of enactment of the Campus Ac14 countability and Safety Act. 

15 ‘‘(D) Responses to the survey shall be sub16 mitted confidentially and shall not be included in 

17 crime statistics reported under this subsection. 

18 ‘‘(E) The survey described in subparagraph (A) 

19 shall include the following: 

20 ‘‘(i) Questions designed to determine the 

21 incidence and prevalence of sexual violence, dat22 ing violence, domestic violence, and stalking. 

23 ‘‘(ii) Questions regarding whether students 

24 know about institutional policies and proce25 dures. 


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1 ‘‘(iii) Questions designed to determine, if 

2 victims reported violence— 

3 ‘‘(I) to whom the violence was re4 ported and what response the victim may 

5 have received; and 

6 ‘‘(II) whether the victim was informed 

7 of, or referred to, national, State, local, or 

8 on-campus resources. 

9 ‘‘(iv) Questions regarding contextual fac10 tors, such as whether force, incapacitation, or 

11 coercion was involved. 

12 ‘‘(v) Questions to determine whether an ac13 cused individual was a student. 

14 ‘‘(vi) Questions to determine whether a vic15 tim reported an incident to State or local law 

16 enforcement. 

17 ‘‘(vii) Questions to determine why the vic18 tim chose to report or not report an incident to 

19 State or local law enforcement. 

20 ‘‘(viii) Other questions as determined by 

21 the Secretary. 

22 ‘‘(F) Beginning not later than 2 years after the 

23 date of enactment of the Campus Accountability and 

24 Safety Act, the Secretary shall prepare a biannual 

25 report on the information gained from the survey 


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1 under this paragraph and publish such report on the 

2 website of the Department and submit such report 

3 to Congress. The report shall include campus-level 

4 data for each school and attributed by name of each 

5 campus in a manner that permits comparisons 

6 across schools and campuses. 

7 ‘‘(G) Each institution subject to this subsection 

8 shall publish the campus-level results of the survey 

9 under this paragraph on the website of the institu10 tion and in the annual security report required 

11 under this subsection for the campuses affiliated 

12 with the institution. 

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

14 enactment of the Campus Accountability and Safety 

15 Act, the Assistant Secretary for Postsecondary Edu16 cation of the Department and the Assistant Sec17 retary for Civil Rights of the Department shall joint18 ly develop and make publicly available guidance re19 garding the intersection between this subsection and 

20 title IX of the Education Amendments of 1972, in 

21 order to clarify how the provisions of this subsection 

22 and such title shall be carried out. The guidance 

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1 tial discrepancies or inconsistencies between this 

2 subsection and such title. 

3 ‘‘(21) Notwithstanding any other provision of 

4 this Act, upon determination, after reasonable notice 

5 and opportunity for a hearing, that an eligible insti6 tution has violated or failed to carry out any provi7 sion of this subsection, or agreement made to resolve 

8 a compliance review under this subsection, or any 

9 regulation prescribed under this subsection, the Sec10 retary may impose a civil penalty upon such institu11 tion not to exceed $150,000, which shall be adjusted 

12 for inflation annually, for each violation or misrepre13 sentation, or per month a survey is not completed at 

14 the standard required. The Secretary shall use any 

15 such civil penalty funds to carry out the grant pro16 gram established under section 8 of the Campus Ac17 countability and Safety Act.’’. 

18 SEC. 3. COORDINATION WITH LOCAL LAW ENFORCEMENT. 

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

20 Education Act of 1965 (20 U.S.C. 1011 et seq.) is amend21 ed by adding at the end the following: 

22 ‘‘SEC. 124. COORDINATION WITH LOCAL LAW ENFORCE23 MENT. 

24 ‘‘(a) MEMORANDA OF UNDERSTANDING.—Each in25 stitution of higher education that receives funds under this 


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1 Act, shall enter into a memorandum of understanding with 

2 each law enforcement agency that has jurisdiction to re3 port as a first responder to a campus of the institution 

4 (excluding a campus located outside the United States) 

5 to clearly delineate responsibilities and share information, 

6 in accordance with applicable Federal confidentiality laws, 

7 about certain serious crimes, including sexual violence, oc8 curring against students of the institution or against other 

9 individuals on the campus of the institution. 

10 ‘‘(b) REVIEW.—Each institution of higher education 

11 shall review the memorandum of understanding under this 

12 section with each law enforcement agency every 2 years. 

13 As part of the review process, the institution shall contact 

14 each law enforcement agency to discuss how changes in 

15 policies or procedures at either the institution of higher 

16 education or the law enforcement agency may impact the 

17 provisions of the memorandum of understanding. If 

18 changes in policies or procedures are identified that im19 pact the provisions of the memorandum of understanding, 

20 the institution of higher education and the law enforce21 ment agency shall update the memorandum of under22 standing as necessary. 

23 ‘‘(c) CONTENTS.—Each memorandum of under24 standing described under this section shall include— 


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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 ‘‘(4) a method of sharing information about 

9 specific crimes, when authorized or requested to do 

10 so by a victim who has been fully and accurately in11 formed about what procedures shall occur if the in12 formation is shared; and 

13 ‘‘(5) a method of sharing information about 

14 specific crimes anonymously, when authorized or re15 quested to do so by a victim who has been fully and 

16 accurately informed about what procedures shall 

17 occur if the information is shared, in order to better 

18 protect overall campus safety. 

19 ‘‘(d) PENALTY.— 

20 ‘‘(1) IN GENERAL.—The Secretary— 

21 ‘‘(A) may impose a civil penalty of not 

22 more than 1 percent of an institution’s oper23 ating budget, as defined by the Secretary, each 

24 year that the institution of higher education 

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1 tion, by the date that is 1 year after the date 

2 of enactment of the Campus Accountability and 

3 Safety Act; and 

4 ‘‘(B) if the conditions described in para5 graph (3) have been met, shall waive the pen6 alty pursuant to such paragraph. 

7 ‘‘(2) DISTRIBUTION.—Any civil monetary pen8 alty or monetary settlement collected under this sub9 section shall be used to carry out the grant program 

10 established under section 304 of the Violence 

11 Against Women and Department of Justice Reau12 thorization Act of 2005 (42 U.S.C. 14045b). 

13 ‘‘(3) WAIVER.— 

14 ‘‘(A) IN GENERAL.—If a local law enforce15 ment agency refuses to enter into a memo16 randum of understanding under this section, 

17 the Secretary shall waive the penalty if the Sec18 retary determines that the following conditions 

19 have been met— 

20 ‘‘(i) the institution has explained why 

21 the institution was unable to obtain an 

22 agreement; 

23 ‘‘(ii) the institution has demonstrated 

24 that the institution acted in good faith; 

25 and 


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1 ‘‘(iii) the institution has submitted to 

2 the Secretary a copy of the institution’s 

3 final proposed memorandum of under4 standing that was submitted to a law en5 forcement agency that was ultimately re6 jected. 

7 ‘‘(B) REFERRAL TO DEPARTMENT OF JUS8 TICE.—The Secretary shall refer to the Attor9 ney General a copy of each waiver granted 

10 under subparagraph (A) and the reason (as de11 termined by the Secretary) for why local law 

12 enforcement refuses to enter into a memo13 randum of understanding. 

14 ‘‘(C) ADMINISTRATIVE REVIEW.—If the 

15 Secretary does not grant a waiver under sub16 paragraph (A), the institution may submit addi17 tional information to receive such waiver. If, 

18 after submitting additional information, the 

19 Secretary still does not grant a waiver, the deci20 sion of the Secretary shall be subject to review 

21 pursuant to section 706(2)(A) of title 5, United 

22 States Code. 

23 ‘‘(4) VOLUNTARY RESOLUTION.—Nothing in 

24 this subsection shall prevent the Secretary from en25 tering into a voluntary resolution with an institution 


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1 of higher education that fails to carry out the re2 quirements of this section, by the date that is 1 year 

3 after the date of enactment of the Campus Account4 ability and Safety Act. 

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

6 penalty under this subsection may be reduced by the 

7 Secretary. In determining the amount of such pen8 alty, or the amount agreed upon in compromise, the 

9 Secretary shall consider the appropriateness of the 

10 penalty to the size of the operating budget of the 

11 educational institution subject to the determination, 

12 the gravity of the violation or failure, and whether 

13 the institution committed the violation or failure in14 tentionally, negligently, or otherwise.’’. 

15 (b) EFFECTIVE DATE.—The amendment made by 

16 subsection (a) shall take effect on the date that is 1 year 

17 after the date of enactment of this Act. 

18 (c) NEGOTIATED RULEMAKING.—The Secretary of 

19 Education shall establish regulations to carry out the pro20 visions of this section and the amendment made by this 

21 section in accordance with the requirements described 

22 under section 492 of the Higher Education Act of 1965 

23 (20 U.S.C. 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 ‘‘(a) DEFINITIONS.— 

10 ‘‘(1) HIGHER EDUCATION RESPONSIBLE EM11 PLOYEE.—In this subsection, the term ‘higher edu12 cation responsible employee’ means an employee of 

13 an institution of higher education who— 

14 ‘‘(A)(i) has the authority to take action to 

15 redress sexual harassment; or 

16 ‘‘(ii) has the duty to report sexual harass17 ment or any other misconduct by students or 

18 employees to appropriate school officials; 

19 ‘‘(B) has completed the training require20 ments described in subsection (b)(5) or agrees 

21 to complete such training within a reasonable 

22 time after being designated as a higher edu23 cation responsible employee; and 

24 ‘‘(C) shall be responsible for assisting the 

25 title IX coordinator or designee with providing 

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1 dent or employee has been a victim of sexual 

2 harassment, including, sexual violence, whether 

3 the offense occurred on or off campus, with a 

4 written explanation of the student’s or employ5 ee’s rights and options, as described in clauses 

6 (ii) through (vii) of section 485(f)(8)(B). 

7 ‘‘(2) TITLE IX COORDINATOR.—In this sub8 section, the term ‘Title IX Coordinator’ has the 

9 meaning given to the individual designated as a re10 sponsible employee in section 106.8(a) of title 34, 

11 Code of Federal Regulations, as such section is in 

12 effect on the date of enactment of the Campus Ac13 countability and Safety Act. 

14 ‘‘(3) VICTIM-CENTERED, TRAUMA-INFORMED

15 INTERVIEW TECHNIQUES.—In this section, the term 

16 ‘victim-centered, trauma-informed interview tech17 niques’ means asking questions of a student or em18 ployee who reports that the student or employee has 

19 been a victim of sexual harassment, sexual assault, 

20 domestic violence, dating violence, or stalking, in a 

21 manner that is focused on the experience of the vic22 tim, that does not judge or blame the reporting stu23 dent or employee for the alleged assault, and that is 

24 informed by evidence-based research on the 

25 neurobiology of trauma. The victim shall be given 


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1 the option to have the interview recorded and to re2 ceive a copy of the recorded interview. 

3 ‘‘(b) CAMPUS SECURITY POLICY.—Each institution 

4 of higher education that receives funds under this Act, 

5 shall establish a campus security policy that includes the 

6 following: 

7 ‘‘(1) CONFIDENTIAL ADVISORS.—The designa8 tion of 1 or more confidential advisors at the institu9 tion to whom non-employee victims of sexual harass10 ment, domestic violence, dating violence, sexual as11 sault, or stalking can report, including anonymously, 

12 which shall be part of a policy that complies with the 

13 following: 

14 ‘‘(A) The advisor— 

15 ‘‘(i) shall not be an undergraduate 

16 student, a full-time graduate student, an 

17 employee designated as a higher education 

18 responsible employee, or the title IX coor19 dinator; and 

20 ‘‘(ii) may have other roles at the insti21 tution. 

22 ‘‘(B) The Secretary shall designate cat23 egories of employees that may serve as con24 fidential advisors, such as health care staff, 

25 clergy, staff of a women’s center, or other such 


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1 categories. Such designation shall not preclude 

2 the institution from designating other employ3 ees or partnering with national, State, or local 

4 victim services organizations to serve as con5 fidential advisors or to serve in other confiden6 tial roles. 

7 ‘‘(C) The confidential advisor shall com8 plete the training requirements described in 

9 paragraph (5). 

10 ‘‘(D) The Secretary shall develop online 

11 training materials, in addition to the training 

12 required under subparagraph (C) not later than 

13 1 year after the date of enactment of the Cam14 pus Accountability and Safety Act, for the 

15 training of confidential advisors. 

16 ‘‘(E) The confidential advisor shall inform 

17 the victim— 

18 ‘‘(i) of the victim’s rights; 

19 ‘‘(ii) of the victim’s reporting options, 

20 including the option to notify a higher edu21 cation responsible employee, the option to 

22 notify local law enforcement, and any other 

23 reporting options; 


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1 ‘‘(iii) if reasonably known, of the po2 tential consequences of the reporting op3 tions described in clause (ii); and 

4 ‘‘(iv) that the institutional student 

5 disciplinary proceeding has limited jurisdic6 tion, scope, and available sanctions, and 

7 should not be considered a substitute for 

8 the criminal justice process. 

9 ‘‘(F) The confidential advisor may, as ap10 propriate— 

11 ‘‘(i) serve as a liaison between a vic12 tim and a higher education responsible em13 ployee or local law enforcement, when di14 rected to do so by a victim who has been 

15 fully and accurately informed about what 

16 procedures shall occur if information is 

17 shared; and 

18 ‘‘(ii) assist a victim in contacting and 

19 reporting to a higher education responsible 

20 employee or local law enforcement. 

21 ‘‘(G) The confidential advisor shall be au22 thorized by the institution to liaise with appro23 priate staff at the institution to arrange reason24 able accommodations through the institution to 

25 allow the victim to change living arrangements 


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1 or class schedules, obtain accessibility services, 

2 or arrange other accommodations. 

3 ‘‘(H) The confidential advisor shall be au4 thorized to accompany the victim, when re5 quested to do so by the victim, to interviews 

6 and other proceedings of a campus investigation 

7 and institutional disciplinary proceedings. 

8 ‘‘(I) The confidential advisor shall also ad9 vise the victim of, and provide written informa10 tion regarding, both the victim’s rights and the 

11 institution’s responsibilities regarding orders of 

12 protection, no contact orders, restraining or13 ders, or similar lawful orders issued by the in14 stitution or a criminal, civil, or tribal court. 

15 ‘‘(J) The confidential advisor shall not be 

16 obligated to report crimes to the institution or 

17 law enforcement in a way that identifies a vic18 tim or an accused individual, unless otherwise 

19 required to do so by State law. The confidential 

20 advisor shall, to the extent authorized under 

21 State law, provide confidential services to stu22 dents. Any requests for accommodations, as de23 scribed in subparagraph (G), made by a con24 fidential advisor shall not trigger an investiga25 tion by the institution, even if the confidential 


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1 advisor deals only with matters relating to sex2 ual assault. 

3 ‘‘(K) The institution shall designate as a 

4 confidential advisor an individual who has pro5 tection under State law to provide privileged 

6 communication. The institution may partner 

7 with an outside victim services organization, 

8 such as a community-based rape crisis center or 

9 other community-based sexual assault service 

10 provider, to provide the services described in 

11 this paragraph. 

12 ‘‘(L) The confidential advisor shall collect 

13 and report statistics in accordance with the re14 quirements of section 485(f). The confidential 

15 advisor shall not include personally identifying 

16 information or jeopardize the confidentiality of 

17 a victim or an accused individual when report18 ing such statistics. 

19 ‘‘(M) The institution shall appoint an ade20 quate number of confidential advisors not later 

21 than the earlier of— 

22 ‘‘(i) 1 year after the Secretary deter23 mines through a negotiated rulemaking 

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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 ‘‘(N) Each institution that enrolls fewer 

7 than 1000 students may partner with another 

8 institution in their region or State to provide 

9 the services described in this paragraph. 

10 ‘‘(2) INFORMATION ON THE INSTITUTION’S

11 WEBSITE.—The institution shall list on its website— 

12 ‘‘(A) the name and contact information for 

13 the confidential advisor; 

14 ‘‘(B) reporting options for victims of a sex 

15 offense, domestic violence, dating violence, sex16 ual assault, or stalking; 

17 ‘‘(C) the process of investigation and dis18 ciplinary proceedings of the institution; 

19 ‘‘(D) the process of investigation and adju20 dication of the criminal justice system; 

21 ‘‘(E) potential reasonable accommodations 

22 that the institution may provide to a victim, as 

23 described in paragraph (1)(G); 

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1 viding information to sexual violence victims 

2 (which shall be clearly communicated on the 

3 website and shall be updated on a timely basis); 

4 and 

5 ‘‘(G) the name and location of the nearest 

6 medical facility where an individual may have a 

7 rape kit administered by a trained sexual vio8 lence forensic nurse, including information on 

9 transportation options and available reimburse10 ment for a visit to such facility. 

11 ‘‘(3) ONLINE REPORTING.—The institution may 

12 provide an online reporting system to collect anony13 mous disclosures of crimes and track patterns of 

14 crime on campus. An individual may submit an 

15 anonymous report about a specific crime to the insti16 tution using the online reporting system, but the in17 stitution is only obligated to investigate a specific 

18 crime if an individual decides to report the crime to 

19 a higher education responsible employee or law en20 forcement. If the institution uses an online reporting 

21 system, the online system shall also include informa22 tion about how to report a crime to a higher edu23 cation responsible employee and to law enforcement 

24 and how to contact a confidential advisor. 


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1 ‘‘(4) AMNESTY POLICY.—The institution shall 

2 provide an amnesty policy for any student who re3 ports, in good faith, sexual violence to a higher edu4 cation responsible employee, such that the reporting 

5 student will not be sanctioned by the institution for 

6 a non-violent student conduct violation, such as un7 derage drinking, that is revealed in the course of 

8 such a report. 

9 ‘‘(5) TRAINING.— 

10 ‘‘(A) IN GENERAL.—Not later than 1 year 

11 after the date of enactment of the Campus Ac12 countability and Safety Act, the Secretary, in 

13 coordination with the Attorney General and in 

14 consultation with national, State, or local victim 

15 services organizations, shall develop a program 

16 for training— 

17 ‘‘(i) each individual who is involved in 

18 implementing an institution of higher edu19 cation’s student grievance procedures, in20 cluding each individual who is responsible 

21 for resolving complaints of reported sex of22 fenses or sexual misconduct policy viola23 tions; and 

24 ‘‘(ii) each employee of an institution 

25 of higher education who has responsibility 


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1 for conducting an interview with an alleged 

2 victim of sexual assault. 

3 ‘‘(B) CONTENTS.—Such training shall in4 clude— 

5 ‘‘(i) information on working with and 

6 interviewing persons subjected to sexual vi7 olence; 

8 ‘‘(ii) information on particular types 

9 of conduct that would constitute sexual vi10 olence, regardless of gender, including 

11 same-sex sexual violence; 

12 ‘‘(iii) information on consent and the 

13 affect that drugs or alcohol may have on 

14 an individual’s ability to consent; 

15 ‘‘(iv) the effects of trauma, including 

16 the neurobiology of trauma; 

17 ‘‘(v) training regarding the use of vic18 tim-centered, trauma-informed interview 

19 techniques; 

20 ‘‘(vi) cultural awareness training re21 garding how sexual violence may impact 

22 students differently depending on their cul23 tural background; and 


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1 ‘‘(vii) information on sexual assault 

2 dynamics, sexual assault perpetrator be3 havior, and barriers to reporting. 

4 ‘‘(C) INSTITUTIONAL TRAINING.—Each in5 stitution shall ensure that the individuals and 

6 employees described in subparagraph (A) re7 ceive the training described in this paragraph 

8 not later than the July 15 that is one year after 

9 the date that the training program has been de10 veloped by the Secretary in accordance with 

11 subparagraph (A). 

12 ‘‘(6) UNIFORM CAMPUS-WIDE PROCESS FOR

13 STUDENT DISCIPLINARY PROCEEDING RELATING TO

14 CLAIM OF SEXUAL VIOLENCE.—Each institution of 

15 higher education that receives funds under this 

16 Act— 

17 ‘‘(A) shall establish and carry out a uni18 form process (for each campus of the institu19 tion) for student disciplinary proceedings relat20 ing to any claims of sexual violence against a 

21 student who attends the institution; and 

22 ‘‘(B) shall not carry out a different dis23 ciplinary process on the same campus for a 

24 matter of sexual violence, or alter the uniform 

25 process described in subparagraph (A), based 


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1 on the status or characteristics of a student 

2 who will be involved in that disciplinary pro3 ceeding, including characteristics such as a stu4 dent’s membership on an athletic team, aca5 demic major, or any other characteristic or sta6 tus of a student. 

7 ‘‘(7) INFORMATION ABOUT THE TITLE IX COOR8 DINATOR.—The institution shall submit, annually, to 

9 the Office for Civil Rights of the Department of 

10 Education and the Civil Rights Division of the De11 partment of Justice, the name and contact informa12 tion for the title IX coordinator, including a brief 

13 description of the coordinator’s role and the roles of 

14 other officials who may be contacted to discuss or 

15 report sexual harassment, and documentation of 

16 training received by the title IX coordinator. The 

17 educational institution shall provide updated infor18 mation to the Office for Civil Rights of the Depart19 ment of Education and the Civil Rights Division of 

20 the Department of Justice not later than 30 days 

21 after the date of any change. 

22 ‘‘(8) WRITTEN NOTICE OF INSTITUTIONAL DIS23 CIPLINARY PROCESS.—The institution shall provide 

24 both the accuser and the accused student with writ25 ten notice of the institution’s decision to proceed 


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1 with an institutional disciplinary process regarding 

2 an allegation of sexual misconduct within 24 hours 

3 of such decision, and sufficiently in advance of a dis4 ciplinary hearing to provide both the victim and the 

5 accused student with the opportunity to meaning6 fully exercise the due process rights afforded to 

7 them under institutional policy. The written notice 

8 shall include the following: 

9 ‘‘(A) The existence of a complaint, the na10 ture of the conduct upon which the complaint 

11 is based, and the date on which the alleged inci12 dent occurred. 

13 ‘‘(B) A summary of the process for the dis14 ciplinary proceeding, including the estimated 

15 timeline from initiation to final disposition. 

16 ‘‘(C) The rights and due process protec17 tions available to the victim and the accused 

18 student, including those described in section 

19 485(f)(8)(B)(iv) and any other rights or due 

20 process protections that the victim or the ac21 cused student may have under the institution’s 

22 policies. 

23 ‘‘(D) A copy of the institution’s applicable 

24 policies, and, if available, related published in25 formational materials. 


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1 ‘‘(E) Name and contact information for an 

2 individual at the institution, who is independent 

3 of the disciplinary process, to whom the victim 

4 and the accused student can submit questions 

5 about any of the information described in the 

6 written notice. 

7 ‘‘(9) WRITTEN NOTICE OF DISCIPLINARY DE8 TERMINATION.—The institution shall provide the ac9 cuser and the accused student with written notifica10 tion of the determination of responsibility that is 

11 made by the disciplinary board, and any sanctions, 

12 within 24 hours of such determination. Such notifi13 cation shall include information about the processes 

14 for appealing the determination. 

15 ‘‘(c) PENALTIES.— 

16 ‘‘(1) PENALTY RELATING TO CONFIDENTIAL

17 ADVISORS.—The Secretary may impose a civil pen18 alty of not more than 1 percent of an institution’s 

19 operating budget, as defined by the Secretary, for 

20 each year that the institution fails to carry out the 

21 requirements of such paragraph following the effec22 tive date described in section 4(b)(1) of the Campus 

23 Accountability and Safety Act. 

24 ‘‘(2) OTHER PROVISIONS.—The Secretary may 

25 impose a civil penalty of not more than 1 percent of 


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1 an institution’s operating budget, as defined by the 

2 Secretary, for each year that the institution fails to 

3 carry out the requirements of such paragraphs fol4 lowing the effective date described in section 4(b)(2) 

5 of the Campus Accountability and Safety Act. 

6 ‘‘(3) VOLUNTARY RESOLUTION.—Notwith7 standing any other provision of this section, the Sec8 retary may enter into a voluntary resolution with an 

9 institution of higher education that is subject to a 

10 penalty under this subsection. 

11 ‘‘(4) ADJUSTMENT TO PENALTIES.—Any civil 

12 penalty under this subsection may be reduced by the 

13 Secretary. In determining the amount of such pen14 alty, or the amount agreed upon in compromise, the 

15 Secretary of Education shall consider the appro16 priateness of the penalty to the size of the operating 

17 budget of the educational institution subject to the 

18 determination, the gravity of the violation or failure, 

19 and whether the violation or failure was committed 

20 intentionally, negligently, or otherwise.’’. 

21 (b) EFFECTIVE DATES.— 

22 (1) CONFIDENTIAL ADVISOR.—Paragraph (1) 

23 of section 125(b) of the Higher Education Act of 

24 1965, as added by subsection (a), shall take effect 

25 on the date that is the earlier of— 


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1 (A) 1 year after the Secretary of Edu2 cation determines through a negotiated rule3 making process what an adequate number of 

4 confidential advisors is for an institution based 

5 on an institution’s size; or 

6 (B) 3 years after the date of enactment of 

7 this Act. 

8 (2) OTHER PROVISIONS.—Paragraphs (2) 

9 through (9) of section 125(b) of the Higher Edu10 cation Act of 1965, as added by subsection (a), shall 

11 take effect on the date that is 1 year after the date 

12 of enactment of this Act. 

13 (c) NEGOTIATED RULEMAKING.—The Secretary of 

14 Education shall establish regulations to carry out the pro15 visions of this section, and the amendment made by this 

16 section, in accordance with the requirements described 

17 under section 492 of the Higher Education Act of 1965 

18 (20 U.S.C. 1098a). 

19 SEC. 5. TRANSPARENCY AND TRAINING MATERIALS. 

20 Part B of title I of the Higher Education Act of 1965 

21 (20 U.S.C. 1011 et seq.) is further amended by adding 

22 after section 125 (as added by section 4), the following: 

23 ‘‘SEC. 126. TRANSPARENCY AND TRAINING MATERIALS. 

24 ‘‘(a) WEBSITE.—The Secretary shall establish a title 

25 IX higher education website that includes the following: 


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

2 title IX coordinator for each institution of higher 

3 education receiving funds under this Act, and a brief 

4 description of the title IX coordinator’s role and the 

5 roles of other officials who may be contacted to dis6 cuss or report sexual harassment. 

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

8 enforcement actions, letters of finding, final resolu9 tions, and voluntary resolution agreements for all 

10 complaints and compliance reviews under title IX of 

11 the Education Amendments of 1972 (20 U.S.C. 

12 1681) related to sexual harassment. The Secretary 

13 shall indicate whether the investigation, action, let14 ter, resolution, or agreement is based on a complaint 

15 or compliance review. The Secretary shall make the 

16 information under this subsection available regard17 ing a complaint once the Office for Civil Rights of 

18 the Department receives a written complaint, and 

19 conducts an initial evaluation, and has determined 

20 that the complaint should be opened for investiga21 tion of an allegation that, if substantiated, would 

22 constitute a violation of such title IX. In carrying 

23 out this subsection, the Secretary shall ensure that 

24 personally identifiable information is not reported 

25 and shall comply with section 444 of the General 


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1 Education Provisions Act (20 U.S.C. 1232g), com2 monly known as the ‘Family Educational Rights and 

3 Privacy Act of 1974’. 

4 ‘‘(b) TRAINING MATERIALS FOR UNIVERSITY PER5 SONNEL.—Not later than 1 year after the date of enact6 ment of the Campus Accountability and Safety Act, the 

7 Secretary shall develop online training materials for the 

8 training of higher education responsible employees, title 

9 IX coordinators, and individuals involved in implementing 

10 an institution of higher education’s student conduct griev11 ance procedures.’’. 

12 SEC. 6. PROGRAM PARTICIPATION AGREEMENTS. 

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

14 (20 U.S.C. 1094(a)) is amended by striking paragraph 

15 (12) and inserting the following: 

16 ‘‘(12) The institution certifies that— 

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

18 the requirements of section 124 regarding co19 ordination with local law enforcement; 

20 ‘‘(B) the institution has established sup21 port for survivors of sexual violence that meets 

22 the requirements of section 125; 

23 ‘‘(C) the institution has established a cam24 pus security policy; and 


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1 ‘‘(D) the institution has complied with the 

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

3 SEC. 7. TRAINING FOR CAMPUS PERSONNEL ON VICTIM4 CENTERED TRAUMA-INFORMED INTERVIEW 

5 TECHNIQUES. 

6 Section 304 of the Violence Against Women and De7 partment of Justice Reauthorization Act of 2005 (42 

8 U.S.C. 14045b) is amended— 

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

10 and inserting ‘‘$500,000’’; 

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

12 following; 

13 ‘‘(11) To train campus personnel in how to use 

14 victim-centered, trauma-informed interview tech15 niques.’’; and 

16 (3) in subsection (g)— 

17 (A) by striking ‘‘In this section’’ and in18 serting ‘‘(1) IN GENERAL.—In this section’’; 

19 and 

20 (B) by adding at the end the following; 

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

22 INTERVIEW TECHNIQUES.—In this section, the term 

23 ‘victim-centered, trauma-informed interview tech24 niques’ means asking questions of a student or em25 ployee who reports that the student or employee has 


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1 been a victim of sexual harassment, sexual assault, 

2 domestic violence, dating violence, or stalking, in a 

3 manner that is focused on the experience of the vic4 tim, that does not judge or blame the reporting stu5 dent or employee for the alleged assault, and that is 

6 informed by evidence-based research on the 

7 neurobiology of trauma. The victim shall be given 

8 the option to have the interview recorded and to re9 ceive a copy of the recorded interview.’’. 

10 SEC. 8. GRANTS TO IMPROVE PREVENTION AND RESPONSE 

11 TO SEXUAL HARASSMENT, SEXUAL ASSAULT, 

12 DOMESTIC VIOLENCE, DATING VIOLENCE 

13 AND STALKING ON CAMPUS. 

14 Title VIII of the Higher Education Act of 1965 (20 

15 U.S.C. 1161a) is amended by adding at the end the fol16 lowing: 

17 ‘‘PART BB—GRANTS FOR INSTITUTIONS TO AD18 DRESS SEXUAL HARASSMENT, SEXUAL AS19 SAULT, AND OTHER VIOLENCE AND HARASS20 MENT ON CAMPUS 

21 ‘‘SEC. 899. GRANTS FOR INSTITUTIONS TO ADDRESS SEX22 UAL HARASSMENT, SEXUAL ASSAULT, AND 

23 OTHER VIOLENCE AND HARASSMENT ON 

24 CAMPUS. 

25 ‘‘(a) GRANTS AUTHORIZED.— 


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1 ‘‘(1) IN GENERAL.—The Secretary is authorized 

2 to award grants to institutions of higher education, 

3 on a competitive basis as described in paragraph (2), 

4 to enhance the ability of such institutions to address 

5 sexual harassment, sexual assault, domestic violence, 

6 dating violence, and stalking, on campus. 

7 ‘‘(2) AWARD BASIS.—The Secretary shall award 

8 grants under this section, on a competitive basis, as 

9 funds become available through the payment of pen10 alties by institutions of higher education under sec11 tions 485(f)(21) of this Act and sections 3 and 4 of 

12 the Campus Accountability and Safety Act. 

13 ‘‘(3) PROHIBITION; INELIGIBLE INSTITU14 TIONS.— 

15 ‘‘(A) NO RESERVATION FOR ADMINISTRA16 TIVE EXPENSES.—Funds awarded under this 

17 section shall not be reserved for administrative 

18 expenses. 

19 ‘‘(B) INELIGIBLE INSTITUTIONS.— 

20 ‘‘(i) VIOLATIONS.—An institution of 

21 higher education shall not be eligible to re22 ceive a grant under this section if the insti23 tution is found by the Department of Edu24 cation, at the time of application for a 


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1 grant under this section, to be in violation 

2 of— 

3 ‘‘(I) title IX of the Education 

4 Amendments of 1972 (20 U.S.C. 

5 1681); or 

6 ‘‘(II) section 485(f). 

7 ‘‘(ii) MULTIPLE GRANTS.—An institu8 tion of higher education that has received 

9 a grant award under section 304 of the Vi10 olence Against Women and Department of 

11 Justice Reauthorization Act of 2005 (42 

12 U.S.C. 14045b) in any of the previous 3 

13 grant funding cycles shall not be eligible 

14 for a grant award under this section. 

15 ‘‘(4) PREFERENCE.—In awarding grants under 

16 this section, the Secretary shall give preference to 

17 those institutions of higher education— 

18 ‘‘(A) with the smallest endowments or the 

19 lowest tuition rates, as compared to all institu20 tions receiving funds under this Act; and 

21 ‘‘(B) that have demonstrated a strong 

22 commitment to prioritizing tackling the problem 

23 of campus sexual assault on their campuses, 

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1 mentation of actions by the administration of 

2 such institution such as— 

3 ‘‘(i) establishing a working group on 

4 campus that includes the participation of 

5 administration officials and students to 

6 analyze and strategize improvements to the 

7 way the institution prevents and responds 

8 to sexual harassment, sexual assault, do9 mestic violence, dating violence, and stalk10 ing, on campus; 

11 ‘‘(ii) organizing a series of listening 

12 sessions on campus to gather feedback and 

13 ideas from the campus community on how 

14 to improve the way the institution prevents 

15 and responds to sexual harassment, sexual 

16 assault, domestic violence, dating violence, 

17 and stalking, on campus; 

18 ‘‘(iii) hosting a conference that brings 

19 together academic researchers to present 

20 and share ideas and research regarding 

21 sexual harassment, sexual assault, domes22 tic violence, dating violence, and stalking, 

23 on campus; or 

24 ‘‘(iv) other documented efforts beyond 

25 the requirements of Federal or State law 


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1 that the administration of the institution 

2 of higher education has initiated in order 

3 to better understand the prevalence of sex4 ual harassment, sexual assault, domestic 

5 violence, dating violence and stalking on 

6 campus and analyze and improve how the 

7 institution of higher education responds to 

8 such incidents. 

9 ‘‘(5) AMOUNT OF GRANTS.—The Secretary, 

10 through the Assistant Secretary of the Office for 

11 Civil Rights, shall award the grants under this sec12 tion in an amount of not more than $500,000 for 

13 each institution of higher education. 

14 ‘‘(6) EQUITABLE PARTICIPATION.—The Sec15 retary shall make every effort to ensure— 

16 ‘‘(A) the equitable participation of private 

17 and public institutions of higher education in 

18 the activities assisted under this section; 

19 ‘‘(B) the equitable geographic distribution 

20 of grants under this section among the various 

21 regions of the United States; and 

22 ‘‘(C) the equitable distribution of grants 

23 under this section to Tribal Colleges or Univer24 sities (as defined under section 316(b)) and his25 torically Black colleges or universities. 


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1 ‘‘(7) DURATION.—The Secretary shall award 

2 each grant under this Act for a period of not more 

3 than 5 years. 

4 ‘‘(b) USE OF GRANT FUNDS.— 

5 ‘‘(1) Grant funds awarded under this section 

6 shall be used to research best practices for pre7 venting and responding to sexual harassment, sexual 

8 assault, domestic violence, dating violence, and stalk9 ing, on campus and to disseminate such research to 

10 peer institutions and the Department. Such research 

11 may include a focus on one or more of the following 

12 purposes: 

13 ‘‘(A) Strengthening strategies to combat 

14 sexual harassment, sexual assault, domestic vio15 lence, dating violence, and stalking, on campus. 

16 ‘‘(B) Strengthening victim services for inci17 dents involving sexual harassment, sexual as18 sault, domestic violence, dating violence, or 

19 stalking, on campus, which may involve part20 nerships with community-based victim services 

21 agencies. 

22 ‘‘(C) Strengthening prevention education 

23 and awareness programs on campus regarding 

24 sexual harassment, sexual assault, domestic vio25 lence, dating violence, and stalking. 


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1 ‘‘(2) Grant funds awarded under this section 

2 may be used for one or more of the following pur3 poses: 

4 ‘‘(A) Evaluating and determining the effec5 tiveness of victim services and education pro6 grams in reaching all populations that may be 

7 subject to sexual harassment, sexual assault, 

8 domestic violence, dating violence, and stalking, 

9 on campus. 

10 ‘‘(B) Training campus administrators, 

11 campus security personnel, and personnel serv12 ing on campus disciplinary boards on campus 

13 policies, protocols, and services to respond to 

14 sexual harassment, sexual assault, domestic vio15 lence, dating violence, and stalking, on campus, 

16 which shall include instruction on victim-cen17 tered, trauma-informed interview techniques 

18 and information on the neurobiological effects 

19 of trauma and stress on memory. 

20 ‘‘(C) Developing, expanding, or strength21 ening victim services programs and population 

22 specific services on the campus of the institu23 tion, including programs providing legal, med24 ical, or psychological counseling for victims of 

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1 lence, dating violence, and stalking, and to im2 prove delivery of victim assistance on campus, 

3 including through the services of the confiden4 tial advisor (as defined in section 125(a)). 

5 ‘‘(D) Developing or adapting and providing 

6 developmentally and culturally appropriate and 

7 linguistically accessible print or electronic mate8 rials regarding campus policies, protocols, and 

9 services related to the prevention of and re10 sponse to sexual harassment, sexual assault, do11 mestic violence, dating violence, and stalking, 

12 on campus. 

13 ‘‘(E) Developing and implementing preven14 tion education and awareness programs on cam15 pus regarding sexual harassment, sexual as16 sault, domestic violence, dating violence, and 

17 stalking. 

18 ‘‘(c) APPLICATIONS.— 

19 ‘‘(1) IN GENERAL.—In order to be eligible for 

20 a grant under this section for any fiscal year, an in21 stitution of higher education shall submit an applica22 tion to the Secretary at such time and in such man23 ner as the Secretary shall prescribe. 

24 ‘‘(2) CONTENTS.—Each application submitted 

25 under paragraph (1) shall— 


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1 ‘‘(A) describe the need for grant funds and 

2 the plan for implementation for any of the ac3 tivities described in subsection (b); 

4 ‘‘(B) describe the characteristics of the 

5 population being served, including type of cam6 pus, demographics of the population, and num7 ber of students; 

8 ‘‘(C) describe how underserved populations 

9 in the campus community will be adequately 

10 served, including the provision of relevant popu11 lation specific services; 

12 ‘‘(D) provide measurable goals and ex13 pected results from the use of the grant funds; 

14 ‘‘(E) provide assurances that the Federal 

15 funds made available under this section shall be 

16 used to supplement and, to the extent practical, 

17 increase the level of funds that would, in the 

18 absence of Federal funds, be made available by 

19 the institution or organization for the activities 

20 described in subsection (b); and 

21 ‘‘(F) include such other information and 

22 assurances as the Secretary reasonably deter23 mines to be necessary. 

24 ‘‘(d) REPORTS.— 

25 ‘‘(1) GRANTEE REPORTING.— 


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1 ‘‘(A) ANNUAL REPORT.—Each institution 

2 of higher education receiving a grant under this 

3 section shall submit a performance report to the 

4 Secretary beginning 1 year after receiving the 

5 grant and annually thereafter. The Secretary 

6 shall suspend funding under this section for an 

7 institution of higher education if the institution 

8 fails to submit such a report. 

9 ‘‘(B) FINAL REPORT.—Upon completion of 

10 the grant period under this section, the grantee 

11 institution shall file a final performance report 

12 with the Secretary explaining the activities car13 ried out under this section together with an as14 sessment of the effectiveness the activities de15 scribed in subsection (b). 

16 ‘‘(2) REPORT TO CONGRESS.—Not later than 

17 180 days after the end of the grant period under 

18 this section, the Secretary shall submit to Congress 

19 a report that includes— 

20 ‘‘(A) the number of grants, and the 

21 amount of funds, distributed under this section; 

22 ‘‘(B) a summary of the activities carried 

23 out using grant funds and an evaluation of the 

24 progress made under the grant; and 


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1 ‘‘(C) an evaluation of the effectiveness of 

2 programs funded under this section.’’. 

3 SEC. 9. ADMINISTRATIVE ACTION. 

4 Section 901 of the Education Amendments of 1972 

5 (20 U.S.C. 1681) is amended by adding at the end the 

6 following: 

7 ‘‘(d) CLARIFICATION.—Nothing in the Campus Ac8 countability and Safety Act, or any amendment made by 

9 such Act, shall reduce or interfere with the rights and 

10 remedies provided for and available under this title. 

11 ‘‘(e) TIME FOR FILING ADMINISTRATIVE COM12 PLAINTS.—Complaints filed with the Office for Civil 

13 Rights of the Department of Education with regards to 

14 sexual violence shall be considered timely when they are 

15 filed not later than 180 days after the date of graduation 

16 or disaffiliation with the institution. 

17 ‘‘(f) DEPARTMENT OF EDUCATION AND DEPART18 MENT OF JUSTICE CIVIL PENALTIES FOR INSTITUTIONS

19 OF HIGHER EDUCATION.— 

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

21 reasonable notice and opportunity for a hearing, that 

22 an educational institution that is an institution of 

23 higher education has violated or failed to carry out 

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1 tion prescribed under this section related to sexual 

2 violence, the Secretary of Education or Attorney 

3 General, may impose a civil penalty upon such insti4 tution of not more than 1 percent of the institution’s 

5 1-year operating budget, as defined by the Secretary 

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

7 penalty shall not interfere with— 

8 ‘‘(A) the Secretary’s or Attorney General’s 

9 ability to seek or enter into a voluntary resolu10 tion agreement with an institution of higher 

11 education; 

12 ‘‘(B) the Attorney General’s litigation au13 thority; and 

14 ‘‘(C) an individual’s right to seek other 

15 remedies, including through a private right of 

16 action. 

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

18 penalty under paragraph (1) may be reduced by the 

19 Secretary of Education or Attorney General. In de20 termining the amount of such penalty, or the 

21 amount agreed upon in compromise, the appro22 priateness of the penalty to the size of the operating 

23 budget of the educational institution subject to the 

24 determination, and the gravity of the violation or 

25 failure, and whether the violation or failure was done 


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1 intentionally, negligently, or otherwise, shall be con2 sidered. 

3 ‘‘(3) DISTRIBUTION.—Any civil monetary pen4 alty or monetary settlement collected under this sub5 section shall be transferred to the Grants to Improve 

6 Prevention and Response to Sexual Harassment, 

7 Sexual Assault, Domestic Violence, Dating Violence, 

8 and Stalking on Campus program.’’. 

9 SEC. 10. GAO REPORTS. 

10 (a) GAO REPORT.—The Comptroller General of the 

11 United States shall— 

12 (1) conduct a study on the effectiveness and ef13 ficiency of the grant program under section 304 of 

14 the Violence Against Women and Department of 

15 Justice Reauthorization Act of 2005 (42 U.S.C. 

16 14045b); and 

17 (2) submit a report, not later than 2 years after 

18 the date of enactment of this Act, on the study de19 scribed in paragraph (1), to the Committee on 

20 Health, Education, Labor, and Pensions of the Sen21 ate and the Committee on Education and the Work22 force of the House of Representatives. 

23 (b) GAO REPORT.—The Comptroller General of the 

24 United States shall— 


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51 

•S 590 IS

1 (1) conduct a study on the effectiveness and ef2 ficiency of the grants to improve prevention and re3 sponse to sexual harassment, sexual assault, domes4 tic violence, dating violence, and stalking, on campus 

5 under section 899 of the Higher Education Act of 

6 1965, as added by section 8 of this Act; and 

7 (2) submit a report, not later than 2 years after 

8 the date of enactment of this Act, on the study de9 scribed in paragraph (1), to the Committee on 

10 Health, Education, Labor, and Pensions of the Sen11 ate and the Committee on Education and the Work12 force of the House of Representatives. 

Æ 


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