tial discrepancies or inconsistencies between this 
subsection and such title. 
‘‘(21) Notwithstanding any other provision of 
this Act, upon determination, after reasonable notice 
and opportunity for a hearing, that an eligible insti-
tution has violated or failed to carry out any provi-
sion of this subsection, or agreement made to resolve 
a compliance review under this subsection, or any 
regulation prescribed under this subsection, the Sec-
retary may impose a civil penalty upon such institu-
tion not to exceed $150,000, which shall be adjusted 
for inflation annually, for each violation or misrepre-
sentation, or per month a survey is not completed at 
the standard required. The Secretary shall use any 
such civil penalty funds to carry out the grant pro-
gram established under section 8 of the Campus Ac-
countability and Safety Act.’’. 
SEC. 3. COORDINATION WITH LOCAL LAW ENFORCEMENT. 
(a) IN GENERAL.—Part B of title I of the Higher 
Education Act of 1965 (20 U.S.C. 1011 et seq.) is amend-
ed by adding at the end the following: 
‘‘SEC. 124. COORDINATION WITH LOCAL LAW ENFORCE-
MENT. 
‘‘(a) MEMORANDA OF UNDERSTANDING.—Each in-
stitution of higher education that receives funds under this 
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Act, shall enter into a memorandum of understanding with 
each law enforcement agency that has jurisdiction to re-
port as a first responder to a campus of the institution 
(excluding a campus located outside the United States) 
to clearly delineate responsibilities and share information, 
in accordance with applicable Federal confidentiality laws, 
about certain serious crimes, including sexual violence, oc-
curring against students of the institution or against other 
individuals on the campus of the institution. 
‘‘(b) REVIEW.—Each institution of higher education 
shall review the memorandum of understanding under this 
section with each law enforcement agency every 2 years. 
As part of the review process, the institution shall contact 
each law enforcement agency to discuss how changes in 
policies or procedures at either the institution of higher 
education or the law enforcement agency may impact the 
provisions of the memorandum of understanding. If 
changes in policies or procedures are identified that im-
pact the provisions of the memorandum of understanding, 
the institution of higher education and the law enforce-
ment agency shall update the memorandum of under-
standing as necessary. 
‘‘(c) CONTENTS.—Each memorandum of under-
standing described under this section shall include— 
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‘‘(1) delineation and sharing protocols of inves-
tigative responsibilities; 
‘‘(2) protocols for investigations, including 
standards for notification and communication and 
measures to promote evidence preservation; 
‘‘(3) agreed upon training and requirements for 
the institution on issues related to sexual violence; 
‘‘(4) a method of sharing information about 
specific crimes, when authorized or requested to do 
so by a victim who has been fully and accurately in-
formed about what procedures shall occur if the in-
formation is shared; and 
‘‘(5) a method of sharing information about 
specific crimes anonymously, when authorized or re-
quested to do so by a victim who has been fully and 
accurately informed about what procedures shall 
occur if the information is shared, in order to better 
protect overall campus safety. 
‘‘(d) PENALTY.— 
‘‘(1) IN GENERAL.—The Secretary— 
‘‘(A) may impose a civil penalty of not 
more than 1 percent of an institution’s oper-
ating budget, as defined by the Secretary, each 
year that the institution of higher education 
fails to carry out the requirements of this sec-
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tion, by the date that is 1 year after the date 
of enactment of the Campus Accountability and 
Safety Act; and 
‘‘(B) if the conditions described in para-
graph (3) have been met, shall waive the pen-
alty pursuant to such paragraph. 
‘‘(2) DISTRIBUTION.—Any civil monetary pen-
alty or monetary settlement collected under this sub-
section shall be used to carry out the grant program 
established under section 304 of the Violence 
Against Women and Department of Justice Reau-
thorization Act of 2005 (42 U.S.C. 14045b). 
‘‘(3) WAIVER.— 
‘‘(A) IN GENERAL.—If a local law enforce-
ment agency refuses to enter into a memo-
randum of understanding under this section, 
the Secretary shall waive the penalty if the Sec-
retary determines that the following conditions 
have been met— 
‘‘(i) the institution has explained why 
the institution was unable to obtain an 
agreement; 
‘‘(ii) the institution has demonstrated 
that the institution acted in good faith; 
and 
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‘‘(iii) the institution has submitted to 
the Secretary a copy of the institution’s 
final proposed memorandum of under-
standing that was submitted to a law en-
forcement agency that was ultimately re-
jected. 
‘‘(B) REFERRAL TO DEPARTMENT OF JUS-
TICE.—The Secretary shall refer to the Attor-
ney General a copy of each waiver granted 
under subparagraph (A) and the reason (as de-
termined by the Secretary) for why local law 
enforcement refuses to enter into a memo-
randum of understanding. 
‘‘(C) ADMINISTRATIVE
REVIEW.—If the 
Secretary does not grant a waiver under sub-
paragraph (A), the institution may submit addi-
tional information to receive such waiver. If, 
after submitting additional information, the 
Secretary still does not grant a waiver, the deci-
sion of the Secretary shall be subject to review 
pursuant to section 706(2)(A) of title 5, United 
States Code. 
‘‘(4) VOLUNTARY
RESOLUTION.—Nothing in 
this subsection shall prevent the Secretary from en-
tering into a voluntary resolution with an institution 
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of higher education that fails to carry out the re-
quirements of this section, by the date that is 1 year 
after the date of enactment of the Campus Account-
ability and Safety Act. 
‘‘(5) ADJUSTMENT TO PENALTIES.—Any civil 
penalty under this subsection may be reduced by the 
Secretary. In determining the amount of such pen-
alty, or the amount agreed upon in compromise, the 
Secretary shall consider the appropriateness of the 
penalty to the size of the operating budget of the 
educational institution subject to the determination, 
the gravity of the violation or failure, and whether 
the institution committed the violation or failure in-
tentionally, negligently, or otherwise.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date that is 1 year 
after the date of enactment of this Act. 
(c) NEGOTIATED RULEMAKING.—The Secretary of 
Education shall establish regulations to carry out the pro-
visions of this section and the amendment made by this 
section in accordance with the requirements described 
under section 492 of the Higher Education Act of 1965 
(20 U.S.C. 1098a). 
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SEC. 4. UNIVERSITY SUPPORT FOR SURVIVORS OF SEXUAL 
VIOLENCE. 
(a) IN GENERAL.—Part B of title I of the Higher 
Education Act of 1965 (20 U.S.C. 1011 et seq.) is further 
amended by adding after section 124 (as added by section 
3), the following: 
‘‘SEC. 125. UNIVERSITY SUPPORT FOR SURVIVORS OF SEX-
UAL VIOLENCE. 
‘‘(a) DEFINITIONS.— 
‘‘(1) HIGHER
EDUCATION
RESPONSIBLE
EM-
PLOYEE.—In this subsection, the term ‘higher edu-
cation responsible employee’ means an employee of 
an institution of higher education who— 
‘‘(A)(i) has the authority to take action to 
redress sexual harassment; or 
‘‘(ii) has the duty to report sexual harass-
ment or any other misconduct by students or 
employees to appropriate school officials; 
‘‘(B) has completed the training require-
ments described in subsection (b)(5) or agrees 
to complete such training within a reasonable 
time after being designated as a higher edu-
cation responsible employee; and 
‘‘(C) shall be responsible for assisting the 
title IX coordinator or designee with providing 
a student or employee who reports that the stu-
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dent or employee has been a victim of sexual 
harassment, including, sexual violence, whether 
the offense occurred on or off campus, with a 
written explanation of the student’s or employ-
ee’s rights and options, as described in clauses 
(ii) through (vii) of section 485(f)(8)(B). 
‘‘(2) TITLE
IX
COORDINATOR.—In this sub-
section, the term ‘Title IX Coordinator’ has the 
meaning given to the individual designated as a re-
sponsible employee in section 106.8(a) of title 34, 
Code of Federal Regulations, as such section is in 
effect on the date of enactment of the Campus Ac-
countability and Safety Act. 
‘‘(3) 
VICTIM-CENTERED, 
TRAUMA-INFORMED 
INTERVIEW TECHNIQUES.—In this section, the term 
‘victim-centered, trauma-informed interview tech-
niques’ means asking questions of a student or em-
ployee who reports that the student or employee has 
been a victim of sexual harassment, sexual assault, 
domestic violence, dating violence, or stalking, in a 
manner that is focused on the experience of the vic-
tim, that does not judge or blame the reporting stu-
dent or employee for the alleged assault, and that is 
informed 
by 
evidence-based 
research 
on 
the 
neurobiology of trauma. The victim shall be given 
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the option to have the interview recorded and to re-
ceive a copy of the recorded interview. 
‘‘(b) CAMPUS SECURITY POLICY.—Each institution 
of higher education that receives funds under this Act, 
shall establish a campus security policy that includes the 
following: 
‘‘(1) CONFIDENTIAL ADVISORS.—The designa-
tion of 1 or more confidential advisors at the institu-
tion to whom non-employee victims of sexual harass-
ment, domestic violence, dating violence, sexual as-
sault, or stalking can report, including anonymously, 
which shall be part of a policy that complies with the 
following: 
‘‘(A) The advisor— 
‘‘(i) shall not be an undergraduate 
student, a full-time graduate student, an 
employee designated as a higher education 
responsible employee, or the title IX coor-
dinator; and 
‘‘(ii) may have other roles at the insti-
tution. 
‘‘(B) The Secretary shall designate cat-
egories of employees that may serve as con-
fidential advisors, such as health care staff, 
clergy, staff of a women’s center, or other such 
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categories. Such designation shall not preclude 
the institution from designating other employ-
ees or partnering with national, State, or local 
victim services organizations to serve as con-
fidential advisors or to serve in other confiden-
tial roles. 
‘‘(C) The confidential advisor shall com-
plete the training requirements described in 
paragraph (5). 
‘‘(D) The Secretary shall develop online 
training materials, in addition to the training 
required under subparagraph (C) not later than 
1 year after the date of enactment of the Cam-
pus Accountability and Safety Act, for the 
training of confidential advisors. 
‘‘(E) The confidential advisor shall inform 
the victim— 
‘‘(i) of the victim’s rights; 
‘‘(ii) of the victim’s reporting options, 
including the option to notify a higher edu-
cation responsible employee, the option to 
notify local law enforcement, and any other 
reporting options; 
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‘‘(iii) if reasonably known, of the po-
tential consequences of the reporting op-
tions described in clause (ii); and 
‘‘(iv) that the institutional student 
disciplinary proceeding has limited jurisdic-
tion, scope, and available sanctions, and 
should not be considered a substitute for 
the criminal justice process. 
‘‘(F) The confidential advisor may, as ap-
propriate— 
‘‘(i) serve as a liaison between a vic-
tim and a higher education responsible em-
ployee or local law enforcement, when di-
rected to do so by a victim who has been 
fully and accurately informed about what 
procedures shall occur if information is 
shared; and 
‘‘(ii) assist a victim in contacting and 
reporting to a higher education responsible 
employee or local law enforcement. 
‘‘(G) The confidential advisor shall be au-
thorized by the institution to liaise with appro-
priate staff at the institution to arrange reason-
able accommodations through the institution to 
allow the victim to change living arrangements 
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