I 
114TH CONGRESS 
1ST SESSION H. R. 3408 
To amend the Higher Education Act of 1965 to protect victims of sexual 
violence, to improve the adjudication by institutions of higher education 
of allegations related to sexual violence, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 29, 2015 
Mr. SESSIONS (for himself and Mrs. BROOKS of Indiana) introduced the fol-
lowing bill; which was referred to the Committee on Education and the 
Workforce 
A BILL 
To amend the Higher Education Act of 1965 to protect 
victims of sexual violence, to improve the adjudication 
by institutions of higher education of allegations related 
to sexual violence, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fair Campus Act of 
2015’’. 
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SEC. 2. INSTITUTION OF HIGHER EDUCATION REQUIRE-
MENTS FOR PROTECTING VICTIMS OF SEX-
UAL VIOLENCE AND INVESTIGATING AND AD-
JUDICATING ALLEGATIONS OF SEXUAL VIO-
LENCE. 
(a) IN GENERAL.—Title I of the Higher Education 
Act of 1965 (20 U.S.C. 1001 et seq.) is amended by add-
ing at the end the following new part: 
‘‘PART F—TREATMENT OF ALLEGATIONS OF 
SEXUAL VIOLENCE 
‘‘SEC. 161. APPLICATION; DEFINITION. 
‘‘(a) APPLICATION.—The requirements of this part 
shall apply to any institution of higher education receiving 
Federal financial assistance under this Act, including fi-
nancial assistance provided to students under title IV, 
other than a foreign institution of higher education. 
‘‘(b) DEFINITIONS.—In this part, the following defi-
nitions shall apply: 
‘‘(1) COVERED ALLEGATION.—The term ‘cov-
ered allegation’ means, with respect to an institution 
of higher education, an allegation that a student of 
the institution committed an act of sexual violence, 
or that members of a student organization of the in-
stitution or the organization itself committed or were 
involved in creating a hostile environment resulting 
in an act of sexual violence. 
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‘‘(2) 
INSTITUTIONAL
DISCIPLINARY
PRO-
CEEDING.—The term ‘institutional disciplinary pro-
ceeding’ means the process by which an institution 
of higher education investigates and adjudicates a 
covered allegation and imposes a sanction with re-
spect to the allegation, in accordance with the insti-
tution’s own code of conduct or similar internal 
rules. 
‘‘(3) SEXUAL VIOLENCE.—The term ‘sexual vio-
lence’ means, with respect to an institution of higher 
education— 
‘‘(A) aggravated sexual abuse under sec-
tion 2241 of title 18, United States Code; 
‘‘(B) assault resulting in substantial bodily 
injury under section 113(a)(7) of title 18, 
United States Code; 
‘‘(C) battery, as defined under the applica-
ble criminal law of the jurisdiction in which the 
institution is located; 
‘‘(D) rape, as defined under the applicable 
criminal law of the jurisdiction in which the in-
stitution is located; 
‘‘(E) sexual abuse under section 2242 of 
title 18, United States Code; and 
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‘‘(F) sexual assault, as defined under the 
applicable criminal law of the jurisdiction in 
which the institution is located. 
‘‘SEC. 162. EDUCATION, REPORTING, AND STUDENT CARE 
STRATEGIES FOR PREVENTING SEXUAL VIO-
LENCE. 
‘‘(a) EDUCATION PROGRAMS.— 
‘‘(1) IN GENERAL.—Each institution of higher 
education which is subject to this part is encouraged 
to provide education programs designed to address 
sexual violence that, at a minimum, provide training 
for reporting covered allegations, intervening as a 
bystander, and fostering development of healthy re-
lationships. 
‘‘(2) ACCESS TO PROGRAMS.—The institution is 
encouraged— 
‘‘(A) to provide access to the programs re-
quired under this subsection for each student 
during each academic year; and 
‘‘(B) to ensure new students are made 
aware of the programs and can access them as 
soon as possible after beginning the course of 
study at the institution. 
‘‘(b) SUPPORT SERVICES.—Each institution of higher 
education which is subject to this part shall devote appro-
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priate resources for the care, support, and guidance for 
students affected by sexual violence. 
‘‘(c) ROLE OF VOLUNTEER ADVISORS TO STUDENT 
ORGANIZATIONS.—An institution of higher education 
which is subject to this part— 
‘‘(1) may not designate an adult volunteer advi-
sor to a student organization, or any employee of a 
student organization who is not also an employee of 
the institution, as a campus security authority under 
section 485 or regulations implementing that sec-
tion; and 
‘‘(2) may not deny recognition to a student or-
ganization because an advisor or employee described 
in paragraph (1) does not register or serve as a 
campus security authority under section 485 or reg-
ulations implementing that section. 
‘‘(d) TRAINING.—Each institution of higher edu-
cation which is subject to this part shall provide appro-
priate annual training to campus security personnel, cam-
pus disciplinary committee members, and other relevant 
institutional personnel regarding the requirements of this 
part, and shall at a minimum require each student who 
serves as a resident advisor in housing facilities which are 
owned or supervised by the institution to participate in 
this training. 
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‘‘SEC. 163. DUE PROCESS REQUIREMENTS FOR INSTITU-
TIONAL DISCIPLINARY PROCEEDINGS. 
‘‘(a) DUE PROCESS RIGHTS.—Except as provided 
with respect to interim sanctions under section 164, each 
institution of higher education which is subject to this part 
may not impose any sanction on any person, including a 
student organization, in response to a covered allegation 
which is reported to the institution unless the sanction is 
imposed under a formal hearing or similar adjudicatory 
proceeding, in accordance with institutional disciplinary 
proceedings that meet each of the following requirements: 
‘‘(1) The institution shall provide all parties to 
the proceeding with adequate written notice of the 
allegation not later than 2 weeks prior to the start 
of any formal hearing or similar adjudicatory pro-
ceeding, and shall include in such notice a descrip-
tion of all rights and responsibilities under the pro-
ceeding, a statement of all relevant details of the al-
legation, and a specific statement of the sanctions 
which may be imposed. 
‘‘(2) The institution shall provide each person 
against whom the allegation is made with a mean-
ingful opportunity to admit or contest the allegation. 
‘‘(3) The institution shall ensure that all parties 
to the proceeding have access to all material evi-
dence, including both inculpatory and exculpatory 
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evidence, not later than one week prior to the start 
of any formal hearing or similar adjudicatory pro-
ceeding. Such evidence may include but is not lim-
ited to complainant statements, third-party witness 
statements, electronically stored information, written 
communications, social media posts, and demonstra-
tive evidence. 
‘‘(4) The institution shall permit each party to 
the proceeding to be represented, at the sole expense 
of the party, by an attorney or other advocate for 
the duration of the proceeding, including during the 
investigation of the allegation and other preliminary 
stages prior to a formal hearing or similar adjudica-
tory proceeding, and shall permit the attorney or 
other advocate to ask questions in the proceeding, 
file relevant papers, examine evidence, and examine 
witnesses (subject to paragraph (5)). 
‘‘(5) The institution shall permit each party to 
the proceeding to safely confront witnesses, includ-
ing the complainant, in an appropriate manner, in-
cluding by submitting written questions to be asked 
by the person serving as the adjudicator in any for-
mal hearing or similar adjudicatory proceeding, ex-
cept that it shall presumptively improper for any 
person to make any inquiry about the sexual history 
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of the individual reporting the covered allegation 
(other than an inquiry made by the individual 
against whom the allegation is made, or such indi-
vidual’s counsel or advocate, about the sexual history 
between such individual and the individual reporting 
the covered allegation). 
‘‘(6) The institution shall ensure that the pro-
ceeding is carried out free from conflicts of interest 
by ensuring that there is no commingling of admin-
istrative or adjudicative roles. For purposes of this 
paragraph, an institution shall be considered to com-
mingle such roles if any individual carries out more 
than one of the following roles with respect to the 
proceeding: 
‘‘(A) Victim counselor and victim advocate. 
‘‘(B) Investigator. 
‘‘(C) Prosecutor. 
‘‘(D) Adjudicator. 
‘‘(E) Appellate adjudicator. 
‘‘(b) STANDARD OF PROOF.—An institution of higher 
education may establish and apply such standard of proof 
as it considers appropriate for purposes of any adjudica-
tion carried out as part of an institutional disciplinary pro-
ceeding under this section. 
‘‘(c) JUDICIAL REVIEW.— 
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‘‘(1) PRIVATE
RIGHT
OF
ACTION.—Any indi-
vidual who is aggrieved by a decision to impose a 
sanction under an institutional disciplinary pro-
ceeding under this section may bring a civil action 
in an appropriate district court of the United States, 
but only if the action is brought not later than 1 
year after the date on which the individual received 
final notice of the sanction imposed on the individual 
under the proceeding. 
‘‘(2) STANDARD FOR REVIEW.—In any action 
brought under this subsection, the court may find 
for the plaintiff only if the court finds that the im-
position of the sanction was arbitrary, capricious, or 
contrary to law. 
‘‘(3) RECORDS.—As soon as practicable after a 
civil action is filed under this subsection, the institu-
tion of higher education involved shall forward the 
administrative record of the institutional disciplinary 
proceeding to the court. 
‘‘(4) 
DAMAGES
AND
PREVAILING
PARTY 
FEES.—In any civil action under this subsection, the 
court may award the prevailing party (other than 
the institution of higher education) compensatory 
damages, reasonable court costs, attorney fees, in-
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cluding expert fees, and any other relief in equity or 
law that the court deems appropriate. 
‘‘(d) PUBLICATION IN STUDENT HANDBOOK.—Each 
institution of higher education which is subject to this part 
shall publish annually in the institution’s Student Hand-
book (or equivalent publication) a statement of the proce-
dures applicable to institutional disciplinary proceedings 
under this section, and shall publish such statement in the 
form of a contract between the institution and its students 
and student organizations. 
‘‘(e) NO RIGHT TO PAID ADVOCATE.—Nothing in 
this section shall be construed to create a right for any 
individual to be represented by an attorney or other advo-
cate at an institution of higher education’s expense. 
‘‘SEC. 164. SPECIAL RULES FOR IMPOSITION OF INTERIM 
SANCTIONS. 
‘‘(a) PERMITTING INSTITUTION TO IMPOSE INTERIM 
SANCTIONS.— 
‘‘(1) IN
GENERAL.—Notwithstanding section 
163, an institution may impose interim sanctions 
against the subject of the allegation with respect to 
the allegation (including temporary suspensions, no 
contact orders, adjustments of class schedules, or 
changes in housing assignments) and carry out in-
vestigations and adjudications with respect to the 
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imposition of such sanctions, but only if the institu-
tion determines that the imposition of such a sanc-
tion is a reasonable measure to promote campus 
safety and student well-being. 
‘‘(2) SPECIAL RULES FOR DURATION OF PERI-
ODS OF TEMPORARY SUSPENSIONS.— 
‘‘(A) STUDENTS.—Subject to paragraph 
(3), if the subject of an allegation is a student, 
an institution may impose a temporary suspen-
sion for a period of not more than 15 days as 
an interim sanction under this subsection, and 
may extend the suspension for additional peri-
ods of not more than 30 days per period if, pur-
suant to a hearing held in accordance with the 
requirements of section 163 for each such addi-
tional period, the institution finds that exten-
sion is necessary because the student poses an 
immediate threat to campus safety and student 
well-being. 
‘‘(B) STUDENT
ORGANIZATIONS.—If the 
subject of an allegation is a student organiza-
tion, an institution may impose a temporary 
suspension for a period of not more than 10 
days on the operations of the organization as 
an interim sanction under this subsection, but 
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only if the institution determines that the orga-
nization has engaged in activity that presents a 
significant risk to the health and physical safety 
of campus community members, and that the 
imposition of the suspension is not done merely 
for punitive purposes. 
‘‘(3) PERIOD IN WHICH INTERIM SANCTION IS 
IN
EFFECT.—An interim sanction imposed under 
this subsection with respect to an allegation shall 
terminate no later than the conclusion of the pro-
ceedings carried out in accordance with section 163. 
‘‘(4) PROHIBITING
IMPOSITION
OF
INTERIM 
SANCTIONS UPON JOINT REQUEST OF ALLEGED VIC-
TIM AND LAW ENFORCEMENT.—An institution may 
not impose an interim sanction under this subsection 
with respect to a covered allegation during any pe-
riod for which the alleged victim and the law en-
forcement agency which is investigating the allega-
tion submit a joint request to the institution to not 
impose such an interim sanction. 
‘‘(b) SAFE HARBORS.— 
‘‘(1) INSTITUTIONS.—No institution of higher 
education which is subject to this part shall be con-
sidered to have violated any provision of title IX of 
the Education Amendments of 1972 (20 U.S.C. 
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1681 et seq.) or any policy or regulation imple-
menting any such provision on the grounds that the 
institution deferred to a law enforcement investiga-
tion at the request of law enforcement personnel, to 
the extent that the institution was prohibited under 
this section from initiating or carrying out any insti-
tutional disciplinary proceeding with respect to the 
allegation. 
‘‘(2) STUDENTS.—An institution of higher edu-
cation which is subject to this part may not impose 
a sanction on a student who is a victim of, or a by-
stander witness to, an act of sexual violence on the 
grounds that the student engaged in conduct prohib-
ited under the institution’s code of conduct (other 
than violent conduct) if the institution learned that 
the student engaged in such conduct as part of a re-
port of a covered allegation which was made in good 
faith by the student to an agent of the institution. 
‘‘(c) NO EFFECT ON CIVIL REMEDIES.—Nothing in 
this section or section 163 may be construed to limit the 
authority of any person to seek a civil remedy in a court 
of competent jurisdiction with respect to any covered alle-
gation. 
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‘‘SEC. 165. PRESERVATION OF SINGLE-SEX EXEMPTION FOR 
STUDENT ORGANIZATIONS. 
‘‘(a) RESTATEMENT OF CONGRESSIONAL POSITION 
ON TITLE IX AND SINGLE-SEX ORGANIZATIONS.—Con-
gress finds as follows: 
‘‘(1) The enactment of title IX of the Education 
Amendments of 1972 (commonly known as ‘title 
IX’) continues to be a vital element of ensuring all 
Americans have equal access to higher education. 
‘‘(2) The exemption under title IX that allows 
single-sex organizations to continue to flourish at in-
stitutions of higher education is still essential to de-
veloping a wide range of enrichment opportunities 
for students to learn and grow. 
‘‘(3) While title IX has done much to provide 
opportunities for women and men alike, the single- 
sex exemption is a part of that tapestry of opportu-
nities, and institutions of higher education may not 
take actions that undermine this single-sex exemp-
tion. 
‘‘(b) PROHIBITING INSTITUTIONS FROM REQUIRING 
SINGLE-SEX STUDENT ORGANIZATIONS TO WAIVE TITLE 
IX PROTECTIONS.—An institution of higher education 
which is subject to this part may not— 
‘‘(1) require a student organization which is au-
thorized under section 901(a)(6)(A) of the Edu-
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cation 
Amendments 
of 
1972 
(20 
U.S.C. 
1681(a)(6)(A)) to limit its membership to individ-
uals of one sex to admit individuals as members who 
do not meet the organization’s membership require-
ments; 
‘‘(2) compel a student organization or the gov-
erning body of a student organization that is itself 
comprised of single-sex organizations to accept orga-
nizations or individuals that do not meet the organi-
zation’s or governing body’s membership qualifica-
tions; or 
‘‘(3) require an organization which is covered 
by section 901(a)(6)(A) of the Education Amend-
ments of 1972 (20 U.S.C. 1681(a)(6)(A)) to waive 
its coverage under such section as a disciplinary or 
punitive measure.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to allegations made 
on or after the expiration of the 1-year period that begins 
on the date of the enactment of this Act. 
Æ 
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