Title: HALT Campus Sexual Violence Act of 2021
Policy area: Education

Summary:
Hold Accountable and Lend Transparency on Campus Sexual Violence Act of 2021 or the HALT Campus Sexual Violence Act of 2021
This bill addresses dating violence, domestic violence, sexual assault, or stalking incidents on college campuses, including by expanding requirements governing the disclosure of such incidents and efforts to prevent them.
Specifically, the bill requires the Department of Education (ED) to make available an online survey tool regarding student experiences with domestic violence, dating violence, sexual assault, harassment, and stalking. ED must publish a biennial report that includes campus-level data for each institution of higher education (IHE).
The bill permits ED to impose civil penalties on IHEs that have violated a law under the jurisdiction of its Office for Civil Rights.
In addition, the bill directs ED, the Department of Health and Human Services, and the Department of Justice to create a task force on sex-based harassment and violence in education.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4898 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 4898

To amend the Higher Education Act of 1965 to increase transparency and 
      reporting on campus sexual violence, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 30, 2021

 Ms. Speier (for herself, Mr. Fitzpatrick, Ms. Kuster, Mr. Takano, Ms. 
     Lee of California, Ms. Velazquez, Mr. Swalwell, Mr. Smith of 
  Washington, Ms. Matsui, Ms. Norton, Ms. Slotkin, Ms. Brownley, Mrs. 
 Watson Coleman, Ms. Moore of Wisconsin, Ms. Meng, Ms. Chu, Ms. Wilson 
of Florida, Mr. Yarmuth, Ms. Adams, Mr. DeSaulnier, Mr. Cicilline, Mr. 
Payne, Ms. Ross, Mr. Lowenthal, Ms. Roybal-Allard, Ms. Lois Frankel of 
Florida, Mr. Sherman, Mr. Lawson of Florida, Ms. Dean, Ms. Schakowsky, 
Mrs. Dingell, Mr. Auchincloss, Ms. Escobar, Ms. Clarke of New York, Ms. 
    Pressley, Ms. Titus, Mr. Welch, Mrs. Lawrence, and Mr. Casten) 
 introduced the following bill; which was referred to the Committee on 
Education and Labor, and in addition to the Committee on the Judiciary, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Higher Education Act of 1965 to increase transparency and 
      reporting on campus sexual violence, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hold Accountable and Lend 
Transparency on Campus Sexual Violence Act of 2021'' or the ``HALT 
Campus Sexual Violence Act of 2021''.

SEC. 2. DISCLOSURE OF ENFORCEMENT ACTIONS.

    (a) Disclosure of Program Reviews and Open Investigations.--The 
Department of Education Organization Act (20 U.S.C. 3401 et seq.) is 
amended--
            (1) in section 203(b) (20 U.S.C. 3413(b)), by adding at the 
        end the following new paragraphs:
    ``(3) The Assistant Secretary for Civil Rights shall make publicly 
available on the Department's website a list of each institution under 
investigation for a possible violation of title IX of the Education 
Amendments of 1972 (20 U.S.C. 1681 et seq.) or title IV of the Civil 
Rights Act of 1964 (42 U.S.C. 2000c et seq.), the sanctions (if any) or 
findings issued pursuant to such investigation, and a copy of final 
program reviews and resolution agreements, including voluntary 
resolution agreements, entered into by such institution with the 
Secretary or Attorney General under title IX of the Education 
Amendments of 1972 (20 U.S.C. 1681 et seq.) or title IV of the Civil 
Rights Act of 1964 (42 U.S.C. 2000c et seq.).
    ``(4) Not later than 30 days after the termination of any 
resolution agreement described in paragraph (3), the Assistant 
Secretary for Civil Rights shall transmit to the President and the 
Congress, and make publicly available on the Department's website, the 
letter terminating the Department of Education's monitoring of such 
agreement.''; and
            (2) in section 205 (20 U.S.C. 3415), by adding at the end 
        the following new subsection:
    ``(c) The Assistant Secretary for Postsecondary Education shall 
make publicly available on the Department's website a list of each 
institution under investigation for a possible violation of section 
485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)), the 
sanctions (if any) or findings issued pursuant to such investigation, 
and a copy of program reviews and resolution agreements entered into by 
such institution with the Secretary or Attorney General under such 
section 485(f) (20 U.S.C. 1092(f)).''.
    (b) Inspector General.--Not later than one year after the date of 
enactment of this Act, the Inspector General of the Department of 
Education shall submit to Congress and make publicly available a report 
reviewing compliance with paragraphs (3) and (4) of section 203(b) of 
the Department of Education Organization Act (20 U.S.C. 3413(b)) and 
section 205(c) of such Act (20 U.S.C. 3415), as added by subsection 
(a).

SEC. 3. DISCLOSURES OF REQUESTS FOR EXEMPTIONS UNDER TITLE IX.

    Section 203(b) of the Department of Education Organization Act (20 
U.S.C. 3413(b)) is further amended by adding at the end the following 
new paragraph:
    ``(5) The Assistant Secretary for Civil Rights shall make publicly 
available and easily accessible on the Department's website a list of 
each institution that has requested to be exempt from title IX of the 
Education Amendments of 1972 (20 U.S.C. 1681 et seq.).''.

SEC. 4. AUTHORITY TO LEVY FINES.

    Section 203(c) of the Department of Education Organization Act (20 
U.S.C. 3413) is amended--
            (1) by striking ``and'' at the end of paragraph (3);
            (2) by striking the period at the end of paragraph (4) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(5) to impose a civil penalty to be paid by an 
        institution that has violated a law under the jurisdiction of 
        the Office for Civil Rights, the amount of which shall be 
        determined by the gravity of the violation, and the imposition 
        of which shall not preclude other remedies available under 
        Federal law.''.

SEC. 5. CLIMATE SURVEYS.

    Section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 
1092f) is amended--
            (1) by redesignating paragraph (18) as paragraph (19); and
            (2) by inserting after paragraph (17) the following:
    ``(18) Online Survey Tool for Campus Safety.--
            ``(A) In general.--The Secretary shall, in consultation 
        with the Attorney General, Director of the Centers for Disease 
        Control, and the Secretary of the Department of Health and 
        Human Services and experts in domestic violence, dating 
        violence, sexual assault, sexual harassment, and stalking, 
        develop, design, and make available through a secure and 
        accessible online portal, a standardized online survey tool 
        regarding student experiences with domestic violence, dating 
        violence, sexual assault, sexual harassment, and stalking.
            ``(B) Development of survey tool.--In developing the survey 
        tool required under subparagraph (A), the Secretary shall--
                    ``(i) use best practices from peer-reviewed 
                research measuring domestic violence, dating violence, 
                sexual assault, sexual harassment, and stalking;
                    ``(ii) consult with the higher education community, 
                experts in survey research related to domestic 
                violence, dating violence, sexual assault, sexual 
                harassment, and stalking, and organizations engaged in 
                the prevention of and response to, and advocacy on 
                behalf of victims of, domestic violence, dating 
                violence, sexual assault, sexual harassment, and 
                stalking regarding the development and design of such 
                survey tool and the methodology for administration of 
                such survey tool; and
                    ``(iii) ensure that the survey tool is readily 
                accessible to and usable by individuals with 
                disabilities.
            ``(C) Elements.--
                    ``(i) In general.--The survey tool developed 
                pursuant to this paragraph shall be fair and unbiased, 
                scientifically valid and reliable, and meet the highest 
                standards of survey research.
                    ``(ii) Survey questions.--Survey questions included 
                in the survey tool developed pursuant to this paragraph 
                shall--
                            ``(I) be designed to gather information on 
                        student experiences with domestic violence, 
                        dating violence, sexual assault, sexual 
                        harassment, and stalking, including the 
                        experiences of victims of such incidents;
                            ``(II) use trauma-informed language to 
                        prevent retraumatization; and
                            ``(III) include--
                                    ``(aa) questions that give students 
                                the option to report their demographic 
                                information;
                                    ``(bb) questions designed to 
                                determine the incidence and prevalence 
                                of domestic violence, dating violence, 
                                sexual assault, sexual harassment, and 
                                stalking whether the incident occurred 
                                on or off campus, and whether carried 
                                out in whole or in part through the use 
                                of electronic messaging services, 
                                commercial mobile services, electronic 
                                communications, or other technology;
                                    ``(cc) questions regarding whether 
                                students know about institutional 
                                policies and procedures related to 
                                domestic violence, dating violence, 
                                sexual assault, sexual harassment, and 
                                stalking;
                                    ``(dd) questions designed to 
                                determine, if victims reported domestic 
                                violence, dating violence, sexual 
                                assault, sexual harassment, or 
                                stalking--
                                            ``(AA) to whom the incident 
                                        was reported and what response 
                                        the victim may have received;
                                            ``(BB) whether the victim 
                                        was informed of, or referred 
                                        to, national, State, local, or 
                                        on-campus resources; and
                                            ``(CC) whether the entity 
                                        to whom the victim reported the 
                                        incident conducted an 
                                        investigation and the duration 
                                        and final resolution of such an 
                                        investigation;
                                    ``(ee) questions regarding 
                                contextual factors, such as whether 
                                force, incapacitation, or coercion was 
                                involved;
                                    ``(ff) questions to determine 
                                whether an accused individual was a 
                                student at the institution;
                                    ``(gg) questions to determine 
                                whether a victim reported an incident 
                                to State, local, or campus law 
                                enforcement;
                                    ``(hh) questions to determine why 
                                the victim chose to report or not 
                                report an incident to the institution 
                                of higher education or State, local, or 
                                campus law enforcement;
                                    ``(ii) questions to determine the 
                                impact of domestic violence, dating 
                                violence, sexual assault, sexual 
                                harassment, and stalking on the 
                                victim's education, including 
                                diminished grades, dropped classes, 
                                leaves of absence, and negative 
                                financial consequences (such as costs 
                                associated with loss in paid tuition 
                                due to leaves of absence, loss in 
                                scholarship awards due to diminished 
                                grades, and cost associated with 
                                counseling, medical services, or 
                                housing changes);
                                    ``(jj) questions to determine the 
                                impact and effectiveness of prevention 
                                and awareness programs and complaints 
                                processes for the overall student body 
                                and different student populations that 
                                identify as--
                                            ``(AA) students of color;
                                            ``(BB) LGBTQ students;
                                            ``(CC) immigrant students;
                                            ``(DD) pregnant, expectant, 
                                        or parenting students; or
                                            ``(EE) students with 
                                        disabilities;
                                    ``(kk) questions to determine 
                                attitudes toward sexual violence and 
                                harassment, including the willingness 
                                of individuals to intervene as a 
                                bystander of sex-based (including 
                                sexual orientation-based and gender 
                                identity-based), race-based, national 
                                origin-based, and disability-based 
                                discrimination, harassment, assault, 
                                domestic violence, dating violence, 
                                sexual assault, sexual harassment, and 
                                stalking; and
                                    ``(ll) other questions, as 
                                determined by the Secretary.
                    ``(iii) Additional elements.--In addition to the 
                standardized questions developed by the Secretary under 
                clause (ii), an institution may request additional 
                information from students that would increase the 
                understanding of the institution of school climate 
                factors unique to their campuses.
                    ``(iv) Responses.--The responses to the survey 
                questions described in clause (ii) shall--
                            ``(I) be submitted confidentially;
                            ``(II) not be included in crime statistics; 
                        and
                            ``(III) in the case of such responses being 
                        included in a report, shall not include 
                        personally identifiable information.
            ``(D) Administration of survey.--
                    ``(i) Federal administration.--The Secretary, in 
                consultation with the Attorney General, Director of the 
                Centers for Disease Control, and Secretary of the 
                Department of Health and Human Services, shall develop 
                a mechanism by which institutions of higher education 
                may, with respect to the survey tool developed pursuant 
                to this paragraph--
                            ``(I) administer such survey tool; and
                            ``(II) modify such survey tool to include 
                        additional elements or requirements, as 
                        determined by the institution.
                    ``(ii) Costs.--The Secretary may not require an 
                institution of higher education to pay to modify the 
                survey tool in accordance with clause (i)(II).
                    ``(iii) Accessibility.--The Secretary shall ensure 
                that the survey tool is administered in such a way as 
                to be readily accessible to and usable by individuals 
                with disabilities.
                    ``(iv) Institutional administration.--Beginning not 
                later than one year after the date on which the 
                Secretary makes available to institutions of higher 
                education the mechanism described in clause (i), and 
                every two years thereafter, each institution of higher 
                education shall administer the survey tool developed 
                pursuant to this paragraph.
            ``(E) Completed surveys.--The Secretary shall require each 
        institution of higher education participating in any program 
        under this title to ensure, to the maximum extent practicable, 
        that an adequate, random, and representative sample size of 
        students (as determined by the Secretary) enrolled at the 
        institution of higher education complete the survey tool 
        developed pursuant to this paragraph.
            ``(F) Report.--Beginning not later than two years after the 
        date of enactment of the HALT Campus Sexual Violence Act of 
        2021, and every 2 years thereafter, the Secretary shall--
                    ``(i) prepare a biennial report on the information 
                gained from the standardized elements of the survey 
                under this paragraph, which shall include campus-level 
                data for each institution of higher education and 
                attributed by name of each campus in a manner that 
                permits comparisons across institutions of higher 
                education and campuses;
                    ``(ii) publish such report in an accessible format 
                on the website of the Department; and
                    ``(iii) submit to Congress such report.
            ``(G) Publication.--Each institution shall publish, in a 
        manner that is readily accessible and usable by individuals, 
        including individuals with disabilities--
                    ``(i) the campus-level results of the standardized 
                elements of the survey under this paragraph on the 
                website of the institution and in the annual security 
                report required under paragraph (1) for the campuses 
                affiliated with the institution; and
                    ``(ii) the campus-level results of the additional 
                elements modifying the survey by the institution of 
                higher education, if any, on the website of the 
                institution.
            ``(H) Violation.--Upon a determination pursuant to section 
        487(c)(3)(B) that an institution of higher education has 
        violated or failed to carry out any provision under this 
        subsection, the Secretary shall impose a civil penalty upon the 
        institution pursuant to the same procedures as a civil penalty 
        is imposed under section 487(c)(3)(B), except that such section 
        shall be applied by substituting `$100,000' for `$25,000'.''.

SEC. 6. CREATION OF A PRIVATE RIGHT OF ACTION.

    Section 485(f)(14) of the Higher Education Act of 1965 (20 U.S.C. 
1092(f)(14)) is amended to read as follows:
    ``(14)(A) An individual may bring an action against an institution 
of higher education for a violation of this subsection in an 
appropriate district court of the United States. In a proceeding under 
this paragraph, a court may award a plaintiff who has suffered or may 
suffer damages as a result of noncompliance with this subsection all 
appropriate relief, including equitable relief, compensatory damages, 
cost of the action, and remedial action.
    ``(B) This paragraph shall not be construed to preclude an 
individual from obtaining any other remedy that is available under any 
other provision of law or to require such individual to exhaust any 
administrative complaint process or notice-of-claim requirement before 
seeking redress under this paragraph.''.

SEC. 7. INCREASE OF CLERY ACT PENALTIES.

    Section 485(f)(13) of the Higher Education Act of 1965 (20 U.S.C. 
1092(f)(13)) is amended--
            (1) by striking ``in the same amount and''; and
            (2) by inserting before the period at the end the 
        following: ``, except that such section shall be applied by 
        substituting `$100,000' for `$25,000'''.

SEC. 8. NOTIFICATION OF POLICIES AIMED AT PREVENTION OF SEX-BASED 
              HARASSMENT AND VIOLENCE.

    (a) In General.--Paragraph (8) of section 485(f) of the Higher 
Education Act of 1965 (20 U.S.C. 1092(f)) is amended by adding at the 
end the following new subparagraphs:
    ``(D) The statement of policy described in subparagraph (A) shall 
be--
            ``(i) written using simple and understandable language and 
        clear formatting; and
            ``(ii) made widely available and posted on the 
        institution's public website in a manner that is readily 
        accessible to and usable by individuals, including individuals 
        with disabilities.
    ``(E) The statement of policy described in subparagraph (A) shall 
be provided, on an annual basis, to each student group, student team, 
or student organization which is part of such institution, is 
recognized by the institution, or permitted by the institution to use 
its name or facilities or is known by the institution to act as an 
unaffiliated student group, student team, or student organization, and 
each institution of higher education described in subparagraph (A) 
shall require that each such group, team, or organization distributes a 
copy of such policy to each of its members as well as each of its 
applicants for membership, including plebes, pledges, or similar 
applicants.
    ``(F) An institution's compliance with subparagraph (E) with 
respect to an unaffiliated student group, student team, or student 
organization shall not constitute evidence of the institution's 
recognition or endorsement of such unaffiliated group, team, or 
organization.''.
    (b) Comptroller General Review.--Not later than August 1, 2022, the 
Comptroller General shall report to the Committee on Education and 
Labor of the House of Representatives and the Committee on Health, 
Education, Labor, and Pensions of the Senate on--
            (1) the implementation of section 485(f)(8) of the Higher 
        Education Act of 1965 (20 U.S.C. 1092(f)(8)), as amended by 
        subsection (a), including--
                    (A) the extent to which institutions of higher 
                education have developed the statement of policy 
                required under subparagraph (A) of such section;
                    (B) how institutions of higher education are--
                            (i) distributing such statement of policy; 
                        and
                            (ii) determining whether the policy is 
                        received and understood by students; and
                    (C) the Secretary of Education's oversight of the 
                compliance of institutions of higher education with 
                respect to the statement of policy requirements under 
                such section, including efforts, in consultation with 
                the Attorney General, to provide technical assistance 
                to institutions of higher education in complying with 
                such requirements; and
            (2) any changes in the numbers of dating violence, domestic 
        violence, sexual assault, or stalking incidents reported to 
        campus security authorities or local police agencies as 
        indicated by the annual security reports distributed under 
        section 485(f)(1) of the Higher Education Act of 1965 (20 
        U.S.C. 1092(f)(1)), as amended by this Act, or the climate 
        surveys under section 485(f)(18) of such Act, as amended by 
        section 5 of this Act.

SEC. 9 TASK FORCE ON SEX-BASED HARASSMENT AND VIOLENCE IN EDUCATION.

    (a) Task Force on Sex-Based Harassment and Violence in Education.--
Not later than September 1, 2022, the Secretary of Education, the 
Secretary of Health and Human Services, and the Attorney General shall 
establish a joint interagency task force to be known as the ``Task 
Force on Sex-Based Harassment and Violence in Education'' that shall--
            (1) provide pertinent information to the Secretary of 
        Education, Attorney General, Congress, and the public with 
        respect to prevention of, investigation of, and responses to 
        domestic violence, dating violence, sexual harassment, sexual 
        assault, and stalking at institutions of higher education;
            (2) provide recommendations to educational institutions for 
        establishing prevention and response teams for domestic 
        violence, dating violence, sexual harassment, sexual assault, 
        and stalking;
            (3) develop recommendations for educational institutions on 
        providing victim resources, including health care, sexual 
        assault kits, sexual assault nurse examiners, culturally 
        responsive and inclusive standards of care, trauma-informed 
        services, and access to confidential advocacy and support 
        services;
            (4) provide recommendations for educational institutions 
        for research-based education programs or other training for 
        students shown to be effective to prevent domestic violence, 
        dating violence, sexual harassment, sexual assault, and 
        stalking;
            (5) develop recommendations in conjunction with student 
        groups at greater statistical risk of perpetuating rape culture 
        such as fraternities and athletic departments for best 
        practices for prevention of and response to domestic violence, 
        dating violence, sexual harassment, sexual assault, and 
        stalking at educational institutions, taking into consideration 
        an institution's size and resources;
            (6) develop recommendations for educational institutions on 
        sex education, as appropriate, training for school staff, and 
        various equitable discipline models;
            (7) develop recommendations on culturally responsive and 
        inclusive approaches to supporting victims, which include 
        consideration of race, ethnicity, national origin, immigrant 
        status, gender identity, sexual orientation, ability, 
        disability, socioeconomic status, exposure to trauma, and other 
        compounding factors;
            (8) solicit periodic input from a diverse group of victims, 
        trauma specialists, advocates from national, State, and local 
        organizations that combat domestic violence, dating violence, 
        sexual harassment, sexual assault, and stalking, educational 
        institutions, and other public stakeholders;
            (9) assess the Department of Education's ability under 
        section 902 of the Education Amendments of 1972 (20 U.S.C. 
        1682) to levy intermediate fines for noncompliance with title 
        IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) 
        and the advisability of additional remedies for such 
        noncompliance, in addition to the remedies already available 
        under Federal law; and
            (10) create a plan described in subsection (c).
    (b) Personnel Details.--
            (1) Authority to detail.--Notwithstanding any other 
        provision of law, the head of a component of any Federal agency 
        that is funded under the Violence Against Women Act of 1994 (42 
        U.S.C. 13925 et seq.) may detail an officer or employee of such 
        component to the Task Force on Sex-Based Harassment and 
        Violence in Education or to the Secretary of Education to 
        assist the Task Force with the duties described in subsection 
        (a), as jointly agreed to by the head of such component and the 
        Task Force.
            (2) Basis for detail.--A personnel detail made under 
        paragraph (1) may be made--
                    (A) for a period of not more than 3 years; and
                    (B) on a reimbursable or nonreimbursable basis.
    (c) Additional Plan.--Not later than 90 days after the date on 
which the Task Force on Sex-Based Harassment and Violence in Education 
is established under subsection (a), the Task Force shall submit to 
Congress recommendations for recruiting, retaining, and training a 
highly qualified workforce employed by the Department of Education to 
carry out investigation of complaints alleging a violation of title IX 
of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) or section 
485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)), and 
enforcement of such title IX (20 U.S.C. 1681 et seq.) or such section 
485(f) (20 U.S.C. 1092(f)), with respect to domestic violence, dating 
violence, sexual harassment, sexual assault, and stalking in education. 
Such plan shall include--
            (1) an assessment to identify current gaps or challenges 
        carrying out such investigation and enforcement, which may 
        include surveying current investigative workforce to solicit 
        feedback on areas in need of improvement;
            (2) an examination of issues of recruiting, retention, and 
        the professional development of such workforce, including the 
        possibility of providing retention bonuses or other forms of 
        compensation for the purpose of ensuring the Department of 
        Education has the capacity, in both personnel and skills, 
        needed to properly perform its mission and provide adequate 
        oversight of educational institutions;
            (3) an assessment of the benefits of outreach and training 
        with both law enforcement agencies and educational institutions 
        with respect to such workforce;
            (4) an examination of best practices for making educational 
        institutions aware of the most effective prevention, 
        investigation, and response practices relating to domestic 
        violence, dating violence, sexual harassment, sexual assault, 
        and stalking and identifying areas where more research should 
        be conducted; and
            (5) strategies for addressing such other matters as the 
        Secretary of Education considers necessary to prevention of, 
        investigation of, and responses to domestic violence, dating 
        violence, sexual harassment, sexual assault, and stalking.
    (d) Annual Report.--The Task Force on Sex-Based Harassment and 
Violence in Education shall report to Congress on an annual basis, and 
make publicly available, a report of its activities and any update of 
the plan required under subsection (c), including the number of 
complaints received regarding domestic violence, dating violence, 
sexual harassment, sexual assault, and stalking (including such 
incidents on the basis of sexual orientation and gender identity), the 
number of open investigations, the number of complaints that continued 
to resolution, the number of complaints resolved using informal 
resolution, the average time to complete an investigation, the number 
of investigations initiated based on complaints, and the number of 
investigations initiated by the Department of Education.
    (e) Definitions.--In this section:
            (1) The term ``educational institution'' includes an 
        institution of higher education, an elementary school, or a 
        secondary school.
            (2) The terms ``elementary school'' and ``secondary 
        school'' have the meanings given the terms in section 8101 of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            (3) The term ``institution of higher education'' has the 
        meaning given the term in section 102 of the Higher Education 
        Act of 1965 (20 U.S.C. 1002).
            (4) The terms ``domestic violence'', ``dating violence'', 
        ``sexual assault'', and ``stalking'' have the meanings given 
        the terms in section 487(f) of the Higher Education of 1965 (20 
        U.S.C. 1092(f)), as amended by this Act.
            (5) The term ``sexual harassment'' means any unwelcome 
        conduct of a sexual nature, regardless of whether it is direct 
        or indirect, or verbal or nonverbal (including conduct that is 
        undertaken in whole or in part, through the use of electronic 
        messaging services, commercial mobile services, electronic 
        communications, or other technology), that unreasonably alters 
        an individual's terms, conditions, benefits, or privileges of 
        an educational program or activity, including by creating an 
        intimidating, hostile, or offensive environment, which takes 
        the form of--
                    (A) a sexual advance;
                    (B) a request for sexual favors;
                    (C) a sexual act, where such submission is made 
                either explicitly or implicitly a term or condition of 
                a program or activity at a school or school activity, 
                regardless of a student's submission to or rejection of 
                such sexual act;
                    (D) a sexual act, where such submission or 
                rejection is used as the basis for a decision affecting 
                a term or condition of a program or activity at a 
                school or school activity, regardless of a student's 
                submission to or rejection of such sexual act;
                    (E) other conduct of a sexual nature; or
                    (F) domestic violence, intimate partner violence 
                (dating violence), and sex-based stalking.

SEC. 10. CONFORMING AMENDMENTS.

    Section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 
1092(f)) is amended--
            (1) in paragraph (1)(F)(i)(II), by striking ``sex offenses, 
        forcible or nonforcible'' and inserting ``sexual assault''; and
            (2) by amending paragraph (6)(A)(v) to read as follows:
            ``(v) The term `sexual assault' has the meaning of an 
        offense classified as a sex offense under the Uniform Crime 
        Report of the Federal Bureau of Investigation.''.
                                 <all>