I 
113TH CONGRESS 
1ST SESSION 
H. R. 812 
To amend the Higher Education Act of 1965 to improve education and 
prevention related to campus sexual violence, domestic violence, dating 
violence, and stalking. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 25, 2013 
Mrs. CAROLYN B. MALONEY of New York (for herself, Ms. MOORE, Mr. MEE-
HAN, Mr. LARSEN of Washington, Ms. DELAURO, Ms. MCCOLLUM, Ms. 
HAHN, Mr. CONNOLLY, Mr. CLAY, Mr. HOLT, Mr. MORAN, Mr. GRI-
JALVA, Mr. CONYERS, Ms. BONAMICI, Ms. WASSERMAN SCHULTZ, Mr. 
LEVIN, Mr. LOEBSACK, Mr. KEATING, Ms. SCHWARTZ, Mr. MICHAUD, 
Ms. SCHAKOWSKY, Ms. ESHOO, Mr. SHERMAN, Mr. VAN HOLLEN, Ms. 
NORTON, Mr. CICILLINE, Mr. COOPER, Ms. TITUS, and Mr. MCGOVERN) 
introduced the following bill; which was referred to the Committee on 
Education and the Workforce 
A BILL 
To amend the Higher Education Act of 1965 to improve 
education and prevention related to campus sexual vio-
lence, domestic violence, dating violence, and stalking. 
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 ‘‘Campus Sexual Vio-
lence Elimination Act’’. 
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SEC. 2. CAMPUS SEXUAL VIOLENCE, DOMESTIC VIOLENCE, 
DATING 
VIOLENCE, 
AND 
STALKING 
EDU-
CATION AND PREVENTION. 
(a) IN GENERAL.—Section 485(f) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1092(f)) is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (C)(iii), by striking 
the period at the end and inserting ‘‘, when the 
victim of such crime elects or is unable to make 
such a report.’’; and 
(B) in subparagraph (F)— 
(i) in clause (i)(VIII), by striking 
‘‘and’’ after the semicolon; 
(ii) in clause (ii)— 
(I) by striking ‘‘sexual orienta-
tion’’ and inserting ‘‘ national origin, 
sexual orientation, gender identity,’’; 
and 
(II) by striking the period and 
inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(iii) of domestic violence, dating vio-
lence, and stalking incidents that were re-
ported to campus security authorities or 
local police agencies.’’; 
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(2) in paragraph (3), by inserting ‘‘, that with-
holds the names of victims as confidential,’’ after 
‘‘that is timely’’; 
(3) in paragraph (6)(A)— 
(A) by redesignating clauses (i), (ii), and 
(iii) as clauses (ii), (iii), and (iv), respectively; 
(B) by inserting before clause (ii), as re-
designated by subparagraph (A), the following: 
‘‘(i) The terms ‘dating violence’, ‘domestic vio-
lence’, and ‘stalking’ have the meaning given such 
terms in section 40002(a) of the Violence Against 
Women Act of 1994 (42 U.S.C. 13925(a)).’’; and 
(C) by inserting after clause (iv), as redes-
ignated by subparagraph (A), the following: 
‘‘(v) The term ‘sexual assault’ means an offense 
classified as a forcible or nonforcible sex offense 
under the uniform crime reporting system of the 
Federal Bureau of Investigation.’’; 
(4) in paragraph (7)— 
(A) by striking ‘‘paragraph (1)(F)’’ and in-
serting ‘‘clauses (i) and (ii) of paragraph 
(1)(F)’’; and 
(B) by inserting after ‘‘Hate Crime Statis-
tics Act.’’ the following: ‘‘For the offenses of 
domestic violence, dating violence, and stalking, 
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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)).’’; 
(5) by striking paragraph (8) and inserting the 
following: 
‘‘(8)(A) Each institution of higher education partici-
pating in any program under this title, other than a for-
eign institution of higher education, shall develop and dis-
tribute as part of the report described in paragraph (1) 
a statement of policy regarding— 
‘‘(i) such institution’s programs to prevent do-
mestic violence, dating violence, sexual assault, and 
stalking; and 
‘‘(ii) the procedures that such institution will 
follow once an incident of domestic violence, dating 
violence, sexual assault, or stalking has been re-
ported, including a statement of the standard of evi-
dence that will be used during any institutional con-
duct proceeding arising from such a report. 
‘‘(B) The policy described in subparagraph (A) shall 
address the following areas: 
‘‘(i) Education programs to promote the aware-
ness of rape, acquaintance rape, domestic violence, 
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dating violence, sexual assault, and stalking, which 
shall include— 
‘‘(I) primary prevention and awareness 
programs for all incoming students and new 
employees, which shall include— 
‘‘(aa) a statement that the institution 
of higher education prohibits the offenses 
of domestic violence, dating violence, sex-
ual assault, and stalking; 
‘‘(bb) the definition of domestic vio-
lence, dating violence, sexual assault, and 
stalking in the applicable jurisdiction; 
‘‘(cc) the definition of consent, in ref-
erence to sexual activity, in the applicable 
jurisdiction; 
‘‘(dd) safe and positive options for by-
stander intervention that may be carried 
out by an individual to prevent harm or in-
tervene when there is a risk of domestic vi-
olence, dating violence, sexual assault, or 
stalking against a person other than such 
individual; 
‘‘(ee) information on risk reduction to 
recognize warning signs of abusive behav-
ior and how to avoid potential attacks; and 
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‘‘(ff) the information described in 
clauses (ii) through (vii); and 
‘‘(II) ongoing prevention and awareness 
campaigns for students and faculty, including 
information described in items (aa) through (ff) 
of subclause (I). 
‘‘(ii) Possible sanctions or protective measures 
that such institution may impose following a final 
determination of an institutional disciplinary proce-
dure regarding rape, acquaintance rape, domestic vi-
olence, dating violence, sexual assault, or stalking. 
‘‘(iii) Procedures victims should follow if a sex 
offense, domestic violence, dating violence, sexual as-
sault, or stalking has occurred, including informa-
tion in writing about— 
‘‘(I) the importance of preserving evidence 
as may be necessary to the proof of criminal do-
mestic violence, dating violence, sexual assault, 
or stalking, or in obtaining a protection order; 
‘‘(II) to whom the alleged offense should 
be reported; 
‘‘(III) options regarding law enforcement 
and campus authorities, including notification 
of the victim’s option to— 
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‘‘(aa) notify proper law enforcement 
authorities, including on-campus and local 
police; 
‘‘(bb) be assisted by campus authori-
ties in notifying law enforcement authori-
ties if the victim so chooses; and 
‘‘(cc) decline to notify such authori-
ties; and 
‘‘(IV) where applicable, the rights of vic-
tims and the institution’s responsibilities re-
garding orders of protection, no contact orders, 
restraining orders, or similar lawful orders 
issued by a criminal, civil, or tribal court. 
‘‘(iv) Procedures for institutional disciplinary 
action in cases of alleged domestic violence, dating 
violence, sexual assault, or stalking, which shall in-
clude a clear statement that— 
‘‘(I) such proceedings shall— 
‘‘(aa) provide a prompt, fair, and im-
partial investigation and resolution; 
‘‘(bb) be conducted by officials who 
receive annual training on the issues re-
lated to domestic violence, dating violence, 
sexual assault, and stalking and how to 
conduct an investigation and hearing proc-
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ess that protects the safety of victims and 
promotes accountability; and 
‘‘(cc) use the preponderance of the 
evidence standard; 
‘‘(II) the accuser and the accused are enti-
tled to the same opportunities to have others 
present during an institutional disciplinary pro-
ceeding, including the opportunity to be accom-
panied to any related meeting or proceeding by 
an advisor of their choice; and 
‘‘(III) both the accuser and the accused 
shall be simultaneously informed, in writing, 
of— 
‘‘(aa) the outcome of any institutional 
disciplinary proceeding that arises from an 
allegation of domestic violence, dating vio-
lence, sexual assault, or stalking; 
‘‘(bb) the institution’s procedures for 
the accused and the victim to appeal the 
results of the institutional disciplinary pro-
ceeding; 
‘‘(cc) any change to the results that 
occurs prior to the time that such results 
become final; and 
‘‘(dd) when such results become final. 
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‘‘(v) Information about how the institution will 
protect the confidentiality of victims, including how 
publicly-available recordkeeping will be accomplished 
without the inclusion of identifying information 
about the victim, to the extent permissible by law. 
‘‘(vi) Written notification of students and em-
ployees about existing counseling, health, mental 
health, victim advocacy, legal assistance, and other 
services available for victims both on-campus and in 
the community. 
‘‘(vii) Written notification of victims about op-
tions for, and available assistance in, changing aca-
demic, living, transportation, and working situations, 
if so requested by the victim and if such accom-
modations are reasonably available, regardless of 
whether the victim chooses to report the crime to 
campus police or local law enforcement. 
‘‘(C) A student or employee who reports to an institu-
tion of higher education that the student or employee has 
been a victim of domestic violence, dating violence, sexual 
assault, or stalking, whether the offense occurred on or 
off campus, shall be provided with a written explanation 
of the student or employee’s rights and options, as de-
scribed in clauses (ii) through (vii) of subparagraph (B).’’; 
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(6) in paragraph (9), by striking ‘‘The Sec-
retary’’ and inserting ‘‘The Secretary, in consulta-
tion with the Attorney General of the United 
States,’’; 
(7) by striking paragraph (16) and inserting 
the following: 
‘‘(16)(A) The Secretary shall seek the advice and 
counsel of the Attorney General of the United States con-
cerning the development, and dissemination to institutions 
of higher education, of best practices information about 
campus safety and emergencies. 
‘‘(B) The Secretary shall seek the advice and counsel 
of the Attorney General of the United States and the Sec-
retary of Health and Human Services concerning the de-
velopment, and dissemination to institutions of higher 
education, of best practices information about preventing 
and responding to incidents of domestic violence, dating 
violence, sexual assault, and stalking, including elements 
of institutional policies that have proven successful based 
on evidence-based outcome measurements.’’; and 
(8) by striking paragraph (17) and inserting 
the following: 
‘‘(17) No officer, employee, or agent of an institution 
participating in any program under this title shall retali-
ate, intimidate, threaten, coerce, or otherwise discriminate 
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