I 
113TH CONGRESS 
2D SESSION 
H. R. 5354 
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 HOUSE OF REPRESENTATIVES 
JULY 31, 2014 
Mrs. CAROLYN B. MALONEY of New York (for herself, Mr. MEEHAN, Mr. POE 
of Texas, Mrs. BUSTOS, Ms. MOORE, Ms. BONAMICI, Mrs. BROOKS of In-
diana, Mrs. ELLMERS, Ms. JENKINS, Mrs. CAPITO, Mrs. NOEM, Ms. 
ROYBAL-ALLARD, Mr. REED, Mr. SCOTT of Virginia, Ms. FRANKEL of 
Florida, Mr. JOYCE, Ms. KUSTER, and Mr. PETERS of Michigan) intro-
duced the following bill; which was referred to the Committee on Edu-
cation and the Workforce, and in addition to the Committee on the Judi-
ciary, for a period to be subsequently determined by the Speaker, in each 
case for consideration of such provisions as fall within the jurisdiction of 
the committee concerned 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Campus Accountability 
and Safety Act’’. 
SEC. 2. AMENDMENTS TO THE CLERY ACT. 
Section 485(f) of the Higher Education Act of 1965 
(20 U.S.C. 1092(f)) (known as the Jeanne Clery Disclo-
sure of Campus Security Policy and Campus Crime Statis-
tics Act) is amended— 
(1) in paragraph (1)— 
(A) by inserting ‘‘and on the website of the 
institution’’ after ‘‘through appropriate publica-
tions or mailings’’; 
(B) in subparagraph (C), by striking 
clause (ii) and inserting the following: 
‘‘(ii) the memorandum of understanding 
between the institution and local law enforce-
ment that is required under section 124 (or, if 
such requirement has been waived, a description 
of the working relationship of campus security 
personnel with State and local law enforcement 
agencies); and’’; and 
(C) by adding at the end the following: 
‘‘(K)(i) With respect to the criminal activ-
ity described in subparagraph (F)(i)(II), the eli-
gible institution shall prepare by not later than 
1 year after the date of enactment of the Cam-
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pus Accountability and Safety Act, and annu-
ally thereafter, the following additions: 
‘‘(I) The number of cases that were 
investigated by the institution. 
‘‘(II) The number of cases that were 
referred for a disciplinary proceeding at 
the institution. 
‘‘(III) The number of cases that were 
referred to local or State law enforcement. 
‘‘(IV) The number of alleged per-
petrators that were found responsible by 
the disciplinary proceeding at the institu-
tion. 
‘‘(V) The number of alleged perpetra-
tors that were found not responsible by the 
disciplinary proceeding at the institution. 
‘‘(VI) A description of the final sanc-
tions imposed by the institution for each 
offense perpetrated. 
‘‘(VII) The number of disciplinary 
proceedings at the institution that have 
closed without resolution. 
‘‘(ii) The Secretary shall provide technical 
assistance to eligible institutions to assist in 
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meeting such additional preparation obliga-
tions.’’; 
(2) by striking paragraph (7) and inserting the 
following: 
‘‘(7)(A) The statistics described in clauses (i) 
and (ii) of paragraph (1)(F)— 
‘‘(i) shall not identify victims of crimes or 
persons accused of crimes; and 
‘‘(ii) shall be compiled in accordance with 
the following definitions: 
‘‘(I) For the offenses of domestic vio-
lence, dating violence, and stalking, such 
statistics shall be compiled in accordance 
with the definitions used in section 
40002(a) of the Violence Against Women 
Act of 1994 (42 U.S.C. 13925(a)). 
‘‘(II) For offenses not described in 
subclause (I), such statistics shall be com-
piled in accordance with— 
‘‘(aa) either the National Inci-
dent-Based Reporting System or the 
Uniform Crime Reporting Program of 
the Federal Bureau of Investigation, 
if a definition is available; and 
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‘‘(bb) if an offense is not defined 
in either the National Incident-Based 
Reporting System or the Uniform 
Crime Reporting Program of the Fed-
eral Bureau of Investigation, a defini-
tion provided by the Secretary. 
‘‘(B) The Secretary shall establish and make 
publicly available a definition for any offense that— 
‘‘(i) is required to be reported in accord-
ance with paragraph (1)(F); 
‘‘(ii) is not an offense described in sub-
paragraph (A)(ii)(I); and 
‘‘(iii) is not defined in either the National 
Incident-Based Reporting System or the Uni-
form Crime Reporting Program of the Federal 
Bureau of Investigation.’’; 
(3) in paragraph (8)(B)(i)— 
(A) in the matter preceding subclause (I), 
by inserting ‘‘, developed in consultation with 
local, State, and national sexual assault, dating 
violence, domestic violence, and stalking victim 
advocacy, victim services, or prevention organi-
zations, and local law enforcement,’’ after 
‘‘Education programs’’; and 
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(B) in subclause (I)(aa), by inserting ‘‘, in-
cluding the fact that these are crimes for the 
purposes of this subsection and reporting under 
this subsection and the institution of higher 
education will, based on the victim’s wishes, co-
operate with local law enforcement with respect 
to any alleged criminal offenses involving stu-
dents or employees of the institution of higher 
education’’ after ‘‘stalking’’; 
(4) by redesignating paragraph (18) as para-
graph (22); and 
(5) by inserting after paragraph (17) the fol-
lowing: 
‘‘(18) The individual at an institution of higher 
education that is designated as a responsible em-
ployee, as defined in section 901(e) of the Education 
Amendments of 1972, shall be considered a campus 
security authority, as defined in section 668.46(a) of 
title 34, Code of Federal Regulations. 
‘‘(19)(A) The Secretary shall, in consultation 
with the Attorney General, develop, design, and ad-
minister through an online portal, a standardized, 
online survey of students regarding their experiences 
with sexual violence and harassment. The survey 
shall be administered every year. The survey shall 
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not include any personally identifiable information. 
The Secretary shall develop such survey tool using 
best practices from peer-reviewed research meas-
uring sexual violence and harassment. In addition to 
the standardized questions developed by the Sec-
retary, institutions completing the survey may re-
quest additional information from students that 
would increase the institutions’ understanding of 
school climate factors unique to their campuses. 
‘‘(B) In carrying out subparagraph (A), the 
Secretary shall require each institution participating 
in any program under this title, to ensure that an 
adequate, random, and representative sample size of 
students enrolled at the institution complete the sur-
vey described in subparagraph (A) not later than 1 
year after the date of enactment of the Campus Ac-
countability and Safety Act. 
‘‘(C) Responses to the survey shall be submitted 
confidentially and shall not be included in crime sta-
tistics reported under this subsection. In addition, 
questions should be designed to gather information 
on survivor experiences, and shall therefore use trau-
ma-informed language to prevent re-traumatization. 
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‘‘(D) The survey described in subparagraph (A) 
shall include, but is not limited to, the following top-
ics: 
‘‘(i) Those designed to determine the inci-
dence and prevalence of sexual violence, dating 
violence, domestic violence, and stalking. 
‘‘(ii) Those on whether students know 
about institutional policies and procedures. 
‘‘(iii) Those on, if victims reported the vio-
lence, to whom and what response did they re-
ceive and if they were informed of, or referred 
to, local, State, on-campus, and or national re-
sources. 
‘‘(iv) Those on contextual factors, such as 
whether force, incapacitation, or coercion was 
involved. 
‘‘(v) Those on whether the assailant was a 
student. 
‘‘(vi) Those on whether the victim was re-
ferred to local or State law enforcement. 
‘‘(E) The Secretary shall tabulate and publish 
an annual report on the information gained from the 
survey under this paragraph on the website of the 
Department and submit such report to Congress. 
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The report shall include campus-level data for each 
school and attributed by name of each campus. 
‘‘(20) Not later than 180 days after the date of 
enactment of the Campus Accountability and Safety 
Act, the Assistant Secretary for Postsecondary Edu-
cation of the Department and the Assistant Sec-
retary for Civil Rights of the Department shall joint-
ly develop and make publicly available guidance re-
garding the intersection between this subsection and 
title IX of the Education Amendments of 1972, in 
order to clarify how the provisions of this subsection 
and such title shall be carried out. The guidance 
shall include clarifying language on how this sub-
section and such title IX interact pertaining to sex-
ual violence, and shall clarify and resolve any poten-
tial discrepancies or inconsistencies between the two. 
‘‘(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 
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preclude the institution from designating new 
or existing employees or partnering with local, 
State, or national victim services organizations 
to serve as confidential advisors or to serve in 
other confidential roles. 
‘‘(C) The confidential advisor shall be 
trained to perform a victim-centered, trauma- 
informed (forensic) interview, which shall focus 
on the experience of the victim. The confidential 
advisor may perform the interview for which the 
goal is to elicit information about the traumatic 
event in question so that the interview can be 
used in either a campus or criminal investiga-
tion or disciplinary proceeding. 
‘‘(D) The confidential advisor shall inform 
the victim of the victim’s control over possible 
next steps regarding the victim’s reporting op-
tions and the consequences of those options, in-
cluding, but not limited to, the option to con-
duct a forensic interview with the option to 
have the forensic interview be recorded, the op-
tion to receive a copy of the recorded forensic 
interview with the option to notify a responsible 
employee and initiate a campus disciplinary 
proceeding, the option to notify local law en-
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