I 
115TH CONGRESS 
1ST SESSION H. R. 3734 
To amend the Higher Education Act of 1965 to require institutions of 
higher education to have an independent advocate for campus sexual 
assault prevention and response. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 11, 2017 
Mrs. DAVIS of California (for herself, Ms. LEE, Ms. WILSON of Florida, Mr. 
VARGAS, Mrs. NAPOLITANO, Mr. NADLER, Mr. NOLAN, Ms. KUSTER of 
New Hampshire, Mr. KRISHNAMOORTHI, Ms. JUDY CHU of California, 
Ms. DELAURO, Ms. BONAMICI, Mr. TAKANO, Ms. SHEA-PORTER, and 
Ms. MOORE) introduced the following bill; which was referred to the Com-
mittee on Education and the Workforce 
A BILL 
To amend the Higher Education Act of 1965 to require 
institutions of higher education to have an independent 
advocate for campus sexual assault prevention and re-
sponse. 
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 ‘‘Survivor Outreach and 
Support Campus Act’’ or the ‘‘SOS Campus Act’’. 
VerDate Sep 11 2014 
04:34 Sep 13, 2017
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3734.IH
H3734
SSpencer on DSKBBV9HB2PROD with BILLS
SEC. 2. INDEPENDENT ADVOCATE FOR CAMPUS SEXUAL AS-
SAULT PREVENTION AND RESPONSE. 
(a) ESTABLISHMENT.—Part G of title IV of the 
Higher Education Act of 1965 (20 U.S.C. 1088 et seq.) 
is amended by inserting after section 485E the following 
new section: 
‘‘SEC. 485F. INDEPENDENT ADVOCATE FOR CAMPUS SEX-
UAL ASSAULT PREVENTION AND RESPONSE. 
‘‘(a) DESIGNATION.—Each eligible institution partici-
pating in any program under this title shall designate an 
independent advocate for campus sexual assault preven-
tion and response (in this section referred to as the ‘Advo-
cate’) who shall be appointed based on certifications, expe-
rience, and a demonstrated ability of the individual to ef-
fectively provide sexual assault victim services. 
‘‘(b) NOTIFICATION OF EXISTENCE OF AND INFOR-
MATION FOR THE ADVOCATE.—Each employee of an eligi-
ble institution who receives a report of sexual assault shall 
notify the victim of the existence of, contact information 
for, and services provided by the Advocate of the institu-
tion. 
‘‘(c) ADVOCATE OVERSIGHT.—Each Advocate shall— 
‘‘(1) report to an individual outside the body re-
sponsible for investigating and adjudicating sexual 
assault complaints at the institution; 
VerDate Sep 11 2014 
04:34 Sep 13, 2017
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3734.IH
H3734
SSpencer on DSKBBV9HB2PROD with BILLS
‘‘(2) submit to such individual an annual report 
summarizing how the resources supplied to the Ad-
vocate were used, including the number of male and 
female sexual assault victims assisted; and 
‘‘(3) be appointed in such manner as the Sec-
retary determines is appropriate. 
‘‘(d) ROLE.— 
‘‘(1) IN GENERAL.—In carrying out the respon-
sibilities described in this section, the Advocate shall 
represent the interests of the student victim without 
regard to whether such interests are in conflict with 
the interests of the institution designating such Ad-
vocate. 
‘‘(2) PROHIBITION ON RETALIATION.—No insti-
tution of higher education designating an Advocate 
in accordance with this section may discipline, penal-
ize, or otherwise retaliate against such Advocate for 
representing the interests of a student victim, with-
out regard to whether such interests are in conflict 
with the interests of such institution. 
‘‘(e) RESPONSIBILITIES.— 
‘‘(1) SERVICES
AVAILABLE
AT
ALL
TIMES.— 
Each Advocate shall ensure that victims of sexual 
assault at the institution are able to receive, at the 
VerDate Sep 11 2014 
04:34 Sep 13, 2017
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3734.IH
H3734
SSpencer on DSKBBV9HB2PROD with BILLS
election of the victim and at any time of day, each 
day of the week— 
‘‘(A) information on how to report a cam-
pus sexual assault to law enforcement; 
‘‘(B) emergency medical care, including 
follow up medical care as requested; and 
‘‘(C) medical forensic or evidentiary exami-
nations. 
‘‘(2) OTHER SERVICES.—Each Advocate shall 
ensure that victims of sexual assault at the institu-
tion are able to receive, at the election of the vic-
tim— 
‘‘(A) crisis intervention counseling and on-
going counseling; 
‘‘(B) information on the victim’s rights 
and referrals to additional support services; and 
‘‘(C) information on legal services. 
‘‘(3) GUIDANCE.—Each Advocate shall guide 
victims of sexual assault who request assistance 
through the reporting, counseling, administrative, 
medical and health, academic accommodations, or 
legal processes of the institution designating such 
Advocate or local law enforcement. 
‘‘(4) ATTENDANCE AT ADJUDICATIONS.—At the 
request of the victim of sexual assault, each Advo-
VerDate Sep 11 2014 
04:34 Sep 13, 2017
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3734.IH
H3734
SSpencer on DSKBBV9HB2PROD with BILLS
cate shall attend any administrative or institution- 
based adjudication proceeding related to such as-
sault as an advocate for the victim. 
‘‘(5) PRIVACY
AND
CONFIDENTIALITY.—Each 
Advocate shall maintain the privacy and confiden-
tiality of the victim of, and any witness to, such sex-
ual assault and shall not notify the institution desig-
nating such Advocate or any other person of the 
identity of the victim or any such witness or the al-
leged circumstances surrounding the reported sexual 
assault except— 
‘‘(A) as otherwise required by the applica-
ble laws in the State where such institution is 
located; 
‘‘(B) with respect to the identity of the vic-
tim, with the consent of the victim; or 
‘‘(C) with respect to the identity of such 
witness, with the consent of such witness. 
‘‘(6) PUBLIC INFORMATION CAMPAIGN.—Each 
Advocate shall conduct a public information cam-
paign to inform the students enrolled at the institu-
tion designating such Advocate of the existence of, 
contact information for, and services provided by the 
Advocate, including— 
‘‘(A) posting information— 
VerDate Sep 11 2014 
04:34 Sep 13, 2017
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3734.IH
H3734
SSpencer on DSKBBV9HB2PROD with BILLS
‘‘(i) on the website of such institution; 
‘‘(ii) in student orientation materials; 
and 
‘‘(iii) on posters displayed in dor-
mitories, cafeterias, sports arenas, locker 
rooms, entertainment facilities, and class-
rooms; and 
‘‘(B) training coaches, faculty, school ad-
ministrators, resident advisors, and other staff 
to provide information on the existence of, con-
tact information for, and services provided by 
the Advocate. 
‘‘(f) AVAILABILITY OF SERVICES.—The services de-
scribed in paragraphs (1) and (2) of subsection (e) shall 
be provided— 
‘‘(1) pursuant to a memorandum of under-
standing (that includes transportation services), at a 
rape crisis center, legal organization, or other com-
munity-based organization located within a reason-
able distance from an institution; or 
‘‘(2) on the campus of an institution in con-
sultation with a rape crisis center, legal organiza-
tion, or other community-based organization. 
‘‘(g) PROHIBITION ON RETALIATION TOWARDS VIC-
TIMS.—A victim of sexual assault may not be disciplined, 
VerDate Sep 11 2014 
04:34 Sep 13, 2017
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3734.IH
H3734
SSpencer on DSKBBV9HB2PROD with BILLS
penalized, or otherwise retaliated against for reporting 
such assault to the Advocate. 
‘‘(h) NO EFFECT ON CLERY ACT AND TITLE IX.— 
Nothing in this section shall alter or amend the rights, 
duties, and responsibilities under section 485(f) or title IX 
of the Education Amendments of 1972 (20 U.S.C. 1681 
et seq.) (also known as the Patsy Takemoto Mink Equal 
Opportunity in Education Act). 
‘‘(i) SEXUAL ASSAULT DEFINED.—In this section, 
the term ‘sexual assault’ means penetration, no matter 
how slight, of the vagina or anus with any body part or 
object, or oral penetration by a sex organ of another per-
son, without the consent of the victim, including when the 
victim is incapable of giving consent.’’. 
(b) REGULATIONS.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
Education shall issue regulations to carry out section 
485F of the Higher Education Act of 1965, as added by 
subsection (a) of this section. 
Æ 
VerDate Sep 11 2014 
04:34 Sep 13, 2017
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6301
E:\BILLS\H3734.IH
H3734
SSpencer on DSKBBV9HB2PROD with BILLS