‘‘(28) When taking steps to separate the com-
plainant and alleged perpetrator, a school shall mini-
mize the burden on the complainant, and thus shall 
not, as a matter of course, remove complainants 
from classes or housing while allowing alleged per-
petrators to remain. 
‘‘(29) In addition, schools shall ensure that 
complainants are aware of their title IX rights and 
any available resources, such as counseling, health, 
and mental health services, and their right to file a 
complaint with local law enforcement. 
‘‘(30) If a school determines that it needs to 
offer counseling to the complainant as part of its 
title IX obligation to take steps to protect the com-
plainant while the investigation is ongoing, it shall 
not require the complainant to pay for this service. 
‘‘(e) For purposes of this section: 
‘‘(1) The term ‘2001 Guidance’ means the ‘Re-
vised Sexual Harassment Guidance: Harassment of 
Students by School Employees, Other Students, or 
Third Parties’, issued January 19, 2001, by the Of-
fice for Civil Rights of the Department of Edu-
cation, as in effect on January 1, 2017. 
‘‘(2) The term ‘2011 DCL’ means the Dear 
Colleague letter issued April 4, 2011, by the Office 
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for Civil Rights of the Department of Education, as 
in effect on January 1, 2017. 
‘‘(3) The term ‘2014 Q&A’ means the ‘Ques-
tions and Answers on Title IX and Sexual Violence’ 
issued April 29, 2014, by the Office for Civil Rights 
of the Department of Education, as in effect on Jan-
uary 1, 2017. 
‘‘(4) The term ‘sexual harassment’ means un-
wanted conduct of a sexual nature, including sexual 
violence and gender-based violence, and includes the 
meaning given to the term ‘sexual harassment’ in 
the 2001 Guidance, which includes unwelcome sex-
ual advances, requests for sexual favors, and other 
verbal, nonverbal, or physical conduct of a sexual 
nature. 
‘‘(5) The term ‘sexual violence’ means rape, 
sexual assault, sexual battery, and sexual coercion, 
and refers to the definition in the 2011 DCL. 
‘‘(6) The term ‘60-calendar-day timeframe for 
investigations’ has the meaning given such term in 
the 2014 Q&A and includes the entire investigation 
process, which includes conducting the fact-finding 
investigation, holding a hearing or engaging in an-
other decisionmaking process to determine whether 
the alleged sexual violence occurred and created a 
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hostile environment, and determining what actions 
the school will take to eliminate the hostile environ-
ment and prevent its recurrence, including imposing 
sanctions against the perpetrator and providing rem-
edies for the complainant and school community, as 
appropriate. Such term does not include appeals, but 
an unduly long appeals process may impact whether 
the school’s response was prompt and equitable as 
required by title IX. 
‘‘(7) The term ‘advisor’ has the meaning given 
such term in section 304(5)(iv)(II) of the Violence 
Against Women Reauthorization Act of 2013 (Public 
Law 113–4).’’. 
Æ 
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