Campus Sexual Assault Whistleblower Protection Act of 2016

To amend the Higher Education Act of 1965 to provide protection for students that report sexual assault, and for other purposes. 1. Short title This Act may be cited as The Campus Sexual Assault Whistleblower Protection Act of 2016 2. Sexual assault whistleblower protection (a) Federal financial aid Section 484(r) of the Higher Education Act of 1965 ( 20 U.S.C. 1091(r) (1) in paragraph (1), by striking A student Except as provided in paragraph (3), a student (2) by redesignating paragraph (3) as paragraph (4); and (3) by inserting after paragraph (2) the following: (3) Exception Paragraph (1) shall not apply to a student who— (A) makes an admission described in section 487(a)(30)(A)(i); and (B) is convicted of an offense involving the possession of a controlled substance based on conduct described in such admission. . (b) Financial aid from institution of higher education Section 487(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a) (30) (A) The institution— (i) with respect to a student enrolled in the institution who makes a report of a sexual assault and admits to the unlawful consumption of alcohol or a controlled substance in such report, will not take any retaliatory action against such student for such consumption; (ii) with respect to a student enrolled in the institution who is the victim of a sexual assault, will not take any retaliatory action against such student for the sexual activity admitted to in a report of such assault; and (iii) will annually inform students enrolled in the institution of the prohibition against retaliatory actions described in clauses (i) and (ii). (B) In this paragraph: (i) The term sexual assault (ii) The term controlled substance 21 U.S.C. 802(6) (iii) The term report (iv) The term retaliatory action (I) the expulsion, suspension, or altering of the financial aid of such student; and (II) any notification (other than a notification required by law) to a parent or legal guardian of such student with respect to the contents of a report of sexual assault made by such student. . 3. Sense of Congress It is the sense of Congress that Federal and State prosecutors should exercise their prosecutorial discretion when considering bringing any criminal charges against any person who comes forward to report a sexual assault, and who, in making such report, admits to engaging in unlawful consumption of alcohol or a controlled substance.

Summary: Campus Sexual Assault Whistleblower Protection Act of 2016 This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to prohibit the suspension of federal student aid eligibility for a student who: (1) admits, in a sexual assault report, unlawful consumption of a controlled substance or alcohol; and (2) is convicted of a drug offense involving controlled substance possession based on conduct described in such admission. The bill also modifies eligibility requirements for an institution of higher education (IHE) to participate in federal student aid programs. Specifically, it prohibits an IHE from taking a retaliatory action (e.g., suspension or expulsion) against an enrolled student who reports a sexual assault and admits, in such report: (1) sexual activity, or (2) unlawful consumption of a controlled substance or alcohol. An IHE must annually inform enrolled students that such retaliatory action is prohibited.