I 
111TH CONGRESS 
2D SESSION 
H. R. 6425 
To prevent harassment at institutions of higher education, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 18, 2010 
Mr. HOLT (for himself, Ms. LINDA T. SA´NCHEZ of California, Mr. SIRES, Mr. 
PASCRELL, Mr. ANDREWS, Mr. PALLONE, and Mr. ROTHMAN of New 
Jersey) introduced the following bill; which was referred to the Committee 
on Education and Labor 
A BILL 
To prevent harassment at institutions of higher education, 
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 ‘‘Tyler Clementi Higher 
Education Anti-Harassment Act of 2010’’. 
SEC. 2. INSTITUTIONAL AND FINANCIAL ASSISTANCE IN-
FORMATION FOR STUDENTS. 
Section 485(f) of the Higher Education Act of 1965 
(20 U.S.C. 1092(f)) is amended— 
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(1) by striking the subsection heading and in-
serting ‘‘DISCLOSURE OF CAMPUS SECURITY AND 
HARASSMENT POLICY AND CAMPUS CRIME STATIS-
TICS.’’; 
(2) in paragraph (6)(A)— 
(A) by redesignating clauses (ii) and (iii) 
as clauses (vi) and (vii), respectively; and 
(B) by inserting after clause (i) the fol-
lowing: 
‘‘(ii) The term ‘commercial mobile service’ has 
the meaning given the term in section 332(d) of the 
Communications Act of 1934 (47 U.S.C. 332(d)). 
‘‘(iii) The term ‘electronic communication’ 
means any transfer of signs, signals, writing, im-
ages, sounds, or data of any nature transmitted in 
whole or in part by a wire, radio, electromagnetic, 
photoelectronic, or photooptical system. 
‘‘(iv) The term ‘electronic messaging services’ 
has the meaning given the term in section 102 of the 
Communications Assistance for Law Enforcement 
Act (47 U.S.C. 1001). 
‘‘(v) The term ‘harassment’ means conduct, in-
cluding acts of verbal, nonverbal, or physical aggres-
sion, intimidation, or hostility (including conduct 
that is undertaken in whole or in part, through the 
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use of electronic messaging services, commercial mo-
bile services, electronic communications, or other 
technology) that— 
‘‘(I) is sufficiently severe, persistent, or 
pervasive so as to limit a student’s ability to 
participate in or benefit from a program or ac-
tivity at an institution of higher education, or 
to create a hostile or abusive educational envi-
ronment at an institution of higher education; 
and 
‘‘(II) is based on a student’s actual or per-
ceived— 
‘‘(aa) race; 
‘‘(bb) color; 
‘‘(cc) national origin; 
‘‘(dd) sex; 
‘‘(ee) disability; 
‘‘(ff) sexual orientation; 
‘‘(gg) gender identity; or 
‘‘(hh) religion.’’; 
(3) by redesignating paragraphs (9) through 
(18) as paragraphs (10) through (19), respectively; 
and 
(4) by inserting after paragraph (8) the fol-
lowing: 
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‘‘(9)(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 harassment, which shall 
include— 
‘‘(i) a prohibition of harassment of enrolled stu-
dents by other students, faculty, and staff— 
‘‘(I) on campus; 
‘‘(II) in noncampus buildings or on non-
campus property; 
‘‘(III) on public property; 
‘‘(IV) through the use of electronic mail 
addresses issued by the institution of higher 
education; 
‘‘(V) through the use of computers and 
communication networks, including any tele-
communications service, owned, operated, or 
contracted for use by the institution of higher 
education or its agents; or 
‘‘(VI) during an activity sponsored by the 
institution of higher education or carried out 
with the use of resources provided by the insti-
tution of higher education; 
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