I 
115TH CONGRESS 
1ST SESSION H. R. 4030 
To amend the Department of Education Organization Act to codify into 
law the ‘‘Revised Sexual Harassment Guidance: Harassment of Students 
by School Employees, Other Students, or Third Parties’’, issued January 
19, 2001, by the Office for Civil Rights of the Department of Education, 
as in effect on January 1, 2017; the Dear Colleague letter issued April 
4, 2011, by the Office for Civil Rights of the Department of Education, 
as in effect on January 1, 2017; and the ‘‘Questions 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 January 
1, 2017. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 12, 2017 
Ms. SPEIER (for herself, Ms. BONAMICI, Ms. DELAURO, Mr. DESAULNIER, 
Mrs. DINGELL, Mr. ELLISON, Mr. ESPAILLAT, Ms. FRANKEL of Florida, 
Ms. JACKSON LEE, Ms. KUSTER of New Hampshire, Ms. LEE, Ms. MAT-
SUI, Mrs. NAPOLITANO, Ms. NORTON, Mr. PANETTA, Mr. QUIGLEY, Ms. 
ROYBAL-ALLARD, Ms. SCHAKOWSKY, Mr. TAKANO, Ms. WASSERMAN 
SCHULTZ, Ms. MAXINE WATERS of California, Mrs. CAROLYN B. MALO-
NEY of New York, Mr. GRIJALVA, Mr. SCOTT of Virginia, Ms. FUDGE, 
Ms. SHEA-PORTER, Mr. COURTNEY, and Mrs. DAVIS of California) intro-
duced the following bill; which was referred to the Committee on Edu-
cation and the Workforce 
A BILL 
To amend the Department of Education Organization Act 
to codify into law the ‘‘Revised Sexual Harassment Guid-
ance: Harassment of Students by School Employees, 
Other Students, or Third Parties’’, issued January 19, 
2001, by the Office for Civil Rights of the Department 
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of Education, as in effect on January 1, 2017; the Dear 
Colleague letter issued April 4, 2011, by the Office for 
Civil Rights of the Department of Education, as in effect 
on January 1, 2017; and the ‘‘Questions 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 January 1, 2017. 
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 ‘‘Title IX Protection 
Act’’. 
SEC. 2. FINDINGS. 
Congress makes the following findings: 
(1) Education has long been recognized as the 
great equalizer in America. 
(2) The Congress believes that providing all 
students with an educational environment free from 
discrimination is extremely important. The sexual 
harassment of students, including sexual violence, 
creates a hostile environment, interferes with the 
right of students to receive an education free from 
discrimination, and is a form of discrimination pro-
hibited by title IX of the Education Amendments of 
1972. 
(3) Each school has a responsibility to prompt-
ly, thoroughly, and fairly investigate when sexual 
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harassment is reported or observed by school em-
ployees. 
(4) Sexual harassment of students, including 
acts of sexual violence, is a form of sex discrimina-
tion prohibited by title IX of the Education Amend-
ments of 1972. 
(5) In order to assist school districts, colleges, 
and universities (hereinafter ‘‘schools’’) in meeting 
these obligations, the Department of Education and 
its Office for Civil Rights (OCR) issued a Dear Col-
league letter on April 4, 2011 (2011 DCL), remind-
ing schools that the requirements of title IX per-
taining to sexual harassment also cover sexual vio-
lence, and that laid out the specific steps schools 
shall take when responding to sexual violence. 
(6) The 2011 DCL supplemented the ‘‘Revised 
Sexual Harassment Guidance: Harassment of Stu-
dents by School Employees, Other Students, or 
Third Parties’’, issued January 19, 2001 (2001 
Guidance), by the OCR under the William Jefferson 
Clinton Administration, and then reissued January 
25, 2006, by the OCR under the George W. Bush 
Administration, by providing additional guidance 
and practical examples regarding the title IX re-
quirements as they relate to sexual violence. 
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(7) In responding to requests for technical as-
sistance, OCR determined that schools would benefit 
from additional guidance concerning their obliga-
tions under title IX to address sexual violence as a 
form of sexual harassment, and issued the ‘‘Ques-
tions and Answers on Title IX and Sexual Violence’’ 
on April 29, 2014 (2014 Q&A), to further clarify the 
legal requirements and guidance articulated in the 
2011 DCL and the 2001 Guidance. The 2014 Q&A 
included examples of proactive efforts schools can 
take to prevent sexual violence and remedies schools 
may use to end such conduct, prevent its recurrence, 
and address its effects. 
(8) On September 7, 2017, Secretary of Edu-
cation Betsy DeVos announced that OCR would be 
opening up a formal notice and comment period to 
replace the 2011 DCL. 
(9) On September 22, 2017, OCR rescinded 
both the 2011 DCL and the 2014 Q&A, and re-
leased a new interim Q&A (2017 Interim Guidance) 
for schools on how to investigate and adjudicate alle-
gations of campus sexual misconduct under Federal 
law. 
(10) Although it is Congress’s view that title IX 
already requires the elements laid out in the amend-
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ment made by this Act, OCR’s recent actions allow 
schools to discriminate against survivors of sexual 
harassment and violence, contradicts the long-
standing 2001 Guidance, and has already caused 
confusion for schools and students. 
(11) Therefore Congress has decided to reit-
erate and codify portions of the 2001 Guidance, the 
2011 DCL, and the 2014 Q&A to provide clarity for 
schools and students regarding what is required 
under title IX with regard to sexual harassment, in-
cluding sexual violence. 
SEC. 3. DEFINITIONS. 
For purposes of this Act: 
(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 
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’’ 
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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. 
SEC. 4. CODIFICATION AMENDMENT. 
Section 203 of the Department of Education Organi-
zation Act (20 U.S.C. 3413) is amended by adding at the 
end the following: 
‘‘(d) Recipients of Federal financial assistance shall 
comply with the following procedural requirements to re-
spond to sexual harassment, including sexual violence, in 
order to prevent and effectively respond to sex discrimina-
tion in alignment with title IX of the Education Amend-
ments of 1972. Specifically, a recipient shall do all of the 
following: 
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‘‘(1) Disseminate a notice of nondiscrimination 
on the basis of sex. 
‘‘(2) Designate at least one employee to coordi-
nate its efforts to comply with and carry out its re-
sponsibilities under title IX. The school shall notify 
all students and employees of the name, office ad-
dress, telephone number, and email address of all 
such designated employees. 
‘‘(3) Adopt and publish grievance procedures 
providing for prompt and equitable resolution of stu-
dent and employee sex discrimination complaints. 
Grievance procedures may include voluntary infor-
mal mechanisms (e.g., mediation) for resolving some 
types of sexual harassment complaints, however, a 
student who complains of harassment shall not be 
required to work out the problem directly with the 
alleged perpetrator via mediation, especially without 
appropriate involvement by the school (e.g., partici-
pation by a trained counselor, a trained mediator, 
or, if appropriate, a teacher or administrator). 
‘‘(4) Notify the complainant of the right to end 
the informal process at any time and begin the for-
mal stage of the complaint process. Mediation and 
informal resolution are options for resolving some 
types of sexual harassment complaints, so long as 
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the school completes its investigative requirements if 
one of these options is employed. Mediation shall not 
be used to resolve complaints involving allegations of 
sexual violence. 
‘‘(5) Require a school to address sexual harass-
ment, including sexual violence, about which a re-
sponsible school employee knew or should have 
known. A responsible employee includes any em-
ployee who has the authority to take action to re-
dress sexual harassment, who has been given the 
duty of reporting incidents of sexual harassment or 
any other misconduct to the title IX coordinator or 
other appropriate school designee, or whom a stu-
dent could reasonably believe has the authority or 
duty. 
‘‘(6) Require that if a school knows or reason-
ably should know about sexual harassment that cre-
ates a hostile environment, the school shall take im-
mediate action to eliminate the harassment, prevent 
its recurrence, and address its effects. Sexual har-
assment creates a hostile environment if the conduct 
is sufficiently serious that it interferes with or limits 
a student’s ability to participate in or benefit from 
the school’s program. The more severe the conduct, 
the less need there is to show a repetitive series of 
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incidents to prove a hostile environment, particularly 
if the harassment is physical. A single or isolated in-
cident of sexual harassment may create a hostile en-
vironment if the incident is sufficiently severe. For 
instance, a single instance of rape is sufficiently se-
vere to create a hostile environment. 
‘‘(7) Require a school to process all complaints 
of sexual violence, regardless of where the conduct 
occurred, to determine whether the conduct occurred 
in the context of an education program or activity 
or had continuing effects on campus or in an off- 
campus education program or activity. A school’s 
title IX investigation is different from any law en-
forcement investigation, and a law enforcement in-
vestigation does not relieve the school of its inde-
pendent title IX obligation to investigate the con-
duct. A school shall take steps to ensure the inves-
tigation is impartial. Any real or perceived conflict 
of interest between the investigator and the parties 
involved shall be disclosed. 
‘‘(8) Require a school to use a preponderance of 
the evidence standard (i.e., it is more likely than not 
that sexual harassment or violence occurred) in its 
grievance procedures to be consistent with title IX 
standards. 
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‘‘(9) Require that throughout the investigation, 
the parties shall have an equal opportunity to 
present relevant witnesses and other evidence. 
‘‘(10) Require that the complainant and re-
spondent be afforded similar and timely access to 
any information that will be used at the hearing. 
‘‘(11) Require that if the school allows one 
party to be present for the entirety of a hearing, it 
shall do so equally for both parties. When requested, 
a school shall make arrangements so that the com-
plainant and the alleged perpetrator do not have to 
be present in the same room at the same time (e.g., 
using closed-circuit television). If a hearing is part 
of the school’s title IX investigation process, the 
school shall not require a complainant to be present 
at the hearing as a prerequisite to proceed with the 
hearing. 
‘‘(12) Require that all persons involved in im-
plementing a school’s grievance procedures (e.g., 
title IX coordinators, investigators, and adjudica-
tors) have training or experience in handling com-
plaints of sexual harassment and sexual violence and 
in the school’s grievance procedures. 
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‘‘(13) Require that if an appeal of findings or 
remedy is provided by a school, it shall be provided 
to both parties. 
‘‘(14) Require schools to maintain documenta-
tion of all proceedings, which may include written 
findings of facts, transcripts, or audio recordings. 
‘‘(15) Not require schools to permit parties to 
have lawyers at any stage of the grievance pro-
ceedings, but if a school chooses to allow the parties 
to have their lawyers participate in the proceedings, 
it shall do so equally for both parties. Any school- 
imposed restrictions on the ability of lawyers to 
speak or otherwise participate in the proceedings 
shall apply equally to both parties. 
‘‘(16) Require schools not to allow the parties 
to personally question or cross-examine each other 
during the hearing as allowing an alleged perpe-
trator to question an alleged victim directly may be 
traumatic or intimidating, thereby possibly esca-
lating or perpetuating a hostile environment. A 
school may choose, instead, to allow the parties to 
submit questions to a trained third party (e.g., the 
hearing panel) to ask the questions it deems appro-
priate and relevant on their behalf, except that ques-
tioning about the complainant’s sexual history, with 
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anyone other than the respondent, shall not be per-
mitted. A school should recognize that the mere fact 
of a current or previous consensual dating or sexual 
relationship between the two parties does not itself 
imply consent or preclude a finding of sexual vio-
lence. 
‘‘(17) Advise that a school may provide advisors 
for both the complainant and the respondent. If a 
school provides an advisor, it shall do so for both 
parties, with the same information available to both 
advisors. 
‘‘(18) Require schools to inform and obtain con-
sent from the complainant (or the complainant’s 
parents if the complainant is under 18 and does not 
attend a postsecondary institution) before beginning 
an investigation. 
‘‘(19) Require that if the complainant requests 
confidentiality, or asks that the complaint not be 
pursued, the school shall take all reasonable steps to 
investigate and respond to the complaint consistent 
with the request for confidentiality or request not to 
pursue an investigation. If a complainant insists 
that the complainant’s name or other identifiable in-
formation not be disclosed to the alleged perpetrator, 
the school shall inform the complainant that its abil-
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ity to respond may be limited. Even if the school 
cannot take disciplinary action against the alleged 
harasser because the complainant insists on con-
fidentiality, it shall pursue other steps to limit the 
effects of the alleged harassment and prevent its re-
currence. Schools shall refer to the 2001 Guidance 
for additional information on confidentiality and the 
alleged perpetrator’s due process rights. If the com-
plainant continues to ask that the complainant’s 
name or other identifiable information not be re-
vealed, the school shall evaluate that request in the 
context of its responsibility to provide a safe and 
nondiscriminatory environment for all students. Spe-
cifically, the school may weigh the request for con-
fidentiality against all of the following factors: 
‘‘(A) The seriousness of the alleged harass-
ment. 
‘‘(B) The complainant’s age. 
‘‘(C) Whether there have been other har-
assment complaints about the same individual. 
‘‘(D) The alleged harasser’s rights to re-
ceive information about the allegations if the in-
formation is maintained by the school as an 
education record under the Family Educational 
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Rights and Privacy Act (FERPA) (20 U.S.C. 
1232g). 
‘‘(20) Require that if the alleged harasser may 
have a right under FERPA to inspect and review 
portions of the complaint that directly relate to the 
complainant, the school shall redact the complain-
ant’s name and other identifying information before 
allowing the alleged harasser to inspect and review 
the sections of the complaint that relate to the com-
plainant. In some cases, such as those where the 
school is required to report the incident to local law 
enforcement or other officials, the school may not be 
able to maintain the complainant’s confidentiality. 
‘‘(21) Require that the school shall inform the 
complainant if it cannot ensure confidentiality prior 
to disclosing the complainant’s identity. 
‘‘(22) Require that grievance procedures specify 
the timeframe within which— 
‘‘(A) the school will conduct a full inves-
tigation of the complaint; 
‘‘(B) both parties receive a response re-
garding the outcome of the complaint; and 
‘‘(C) both parties may file an appeal, if ap-
plicable. 
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‘‘(23) Advise that an investigation should con-
clude approximately in the 60-calendar-day time-
frame for investigations following receipt of the com-
plaint, depending on the complexity of the investiga-
tion and the severity and extent of the harassment, 
except in cases— 
‘‘(A) involving multiple incidents with mul-
tiple complainants; or 
‘‘(B) where there is a parallel criminal in-
vestigation. 
Although a school may need to delay temporarily the 
fact-finding portion of a title IX investigation while 
the police are gathering evidence, it shall promptly 
resume and complete its fact-finding for the title IX 
investigation once it learns that the police depart-
ment has completed its evidence-gathering stage of 
the criminal investigation. The school should not 
delay its investigation until the ultimate outcome of 
the criminal investigation or the filing of any 
charges. Where a school may need to stop an inves-
tigation during school breaks or between school 
years, a school shall make every effort to try to con-
duct an investigation during these breaks unless so 
doing would sacrifice witness availability or other-
wise compromise the process. 
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‘‘(24) Both parties shall be given periodic sta-
tus updates during throughout the grievance proc-
ess. 
‘‘(25) Require that schools notify both parties, 
in writing, about the outcome of both the complaint 
and any appeal. A school shall provide written notice 
of the outcome to the complainant and the respond-
ent concurrently. A school shall inform the complain-
ant as to whether or not it found that the alleged 
conduct occurred, any individual remedies offered or 
provided to the complainant, or any sanctions im-
posed on the perpetrator that directly relate to the 
complainant, and other steps the school has taken to 
eliminate the hostile environment, if the school finds 
one to exist, and prevent recurrence. Sanctions that 
directly relate to the complainant include, but are 
not limited to, requiring that the perpetrator stay 
away from the complainant until both parties grad-
uate, prohibiting the perpetrator from attending 
school for a period of time, or transferring the per-
petrator to another residence hall, other classes, or 
another school. The perpetrator shall not be notified 
of the individual remedies offered or provided to the 
complainant. 
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‘‘(26) In addition, the Clery Act requires, and 
FERPA permits, postsecondary institutions to in-
form the complainant of the institution’s final deter-
mination and any disciplinary sanctions imposed on 
the perpetrator in sexual violence cases, not just 
those sanctions that directly relate to the complain-
ant. 
‘‘(27) Require that if a school determines that 
sexual harassment that creates a hostile environment 
has occurred, it shall take immediate action to elimi-
nate the hostile environment, prevent its recurrence, 
and address its effects. When a school knows or rea-
sonably should know of possible retaliation by other 
students or third parties, it shall take immediate 
and appropriate steps to investigate or otherwise de-
termine what occurred. A school shall also take steps 
to protect the complainant as necessary, including 
taking interim steps before the final outcome of the 
investigation. The school shall undertake these steps 
promptly once it has notice of a sexual harassment 
or violence allegation. The school shall notify the 
complainant of the complainant’s options to avoid 
contact with the alleged perpetrator and allow stu-
dents to change academic or living situations as ap-
propriate. 
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