HR 2016 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 2016CommentsClose CommentsPermalink

To amend the Higher Education Act of 1965 to improve education and prevention related to campus sexual violence, domestic violence, dating violence, and stalking.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

May 26, 2011CommentsClose CommentsPermalink

Mrs. MALONEY (for herself, Mr. DUNCAN of Tennessee, Mr. COSTA, Mr. MCGOVERN, Mr. GRIJALVA, and Mrs. MCCARTHY of New York) introduced the following bill; which was referred to the Committee on Education and the WorkforceCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To amend the Higher Education Act of 1965 to improve education and prevention related to campus sexual violence, domestic violence, dating violence, and stalking.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Campus Sexual Violence Elimination Act’ or the ‘Campus SaVE Act’.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress finds the following:CommentsClose CommentsPermalink





(1) Between 20 and 25 percent of female students will experience some form of sexual assault during their years at an institution of higher education, and nearly 3 percent of all such women become victims of either attempted or completed rape in each 9-month academic year.CommentsClose CommentsPermalink





(2) Multiple studies indicate that lesbian, gay, bisexual, and transgender (LGBT) students are more likely to experience violence and threats of violence, including sexual violence, than their non-LGBT peers.CommentsClose CommentsPermalink





(3) Between 85 and 90 percent of reported sexual assaults against female students at institutions of higher education are perpetrated by someone known to the victim, and nearly half of such sexual assaults occur on a date.CommentsClose CommentsPermalink





(4) Less than 5 percent of rapes or attempted rapes of female students at institutions of higher education are reported to campus authorities or law enforcement. In 2009, only 2,578 forcible sex offenses and 68 non-forcible sex offenses that occurred on the campus of a 2-year or 4-year institution of higher education were reported, among 8,476 2-year and 4-year public and private institutions of higher education.CommentsClose CommentsPermalink





(5) Students are more likely to report a sexual assault when they know how to report a sexual assault and how a school will respond if such a report is made, yet fewer than half of the institutions of higher education in the United States have written policies for filing criminal charges and campus reports related to sexual assault.CommentsClose CommentsPermalink





(6) Only 1/3 of the institutions of higher education in the United States report their crime statistics correctly, resulting in statistics in which instances of sexual assault have been misclassified and underrepresented. Less than half of all institutions of higher education in the United States offer any sexual assault training, and such training is often provided only for resident advisers and security officers.CommentsClose CommentsPermalink





(7) Thirty-six percent of institutions of higher education offer safety training that includes teaching students how to prevent and defend against sexual assault.CommentsClose CommentsPermalink





(8) Less than 20 percent of institutions of higher education educate students about acquaintance rape, and less than half of 4-year public institutions do so.CommentsClose CommentsPermalink





(9) According to campus administrators, the reporting of sexual assaults would be facilitated if institutions of higher education provided services for victims, written law enforcement response procedures, new student orientation, and campus-wide publicity about past crimes.CommentsClose CommentsPermalink





(10) While dating, domestic, and sexual violence affect women regardless of their age, teens and young women are especially vulnerable.CommentsClose CommentsPermalink





(11) Women of all ages are at risk for domestic and sexual violence, and women ages 20 to 24 are at the greatest risk of experiencing nonfatal intimate partner violence.CommentsClose CommentsPermalink





(12) Individuals ages 18 and 19 experience the highest rates of stalking.CommentsClose CommentsPermalink

SEC. 3. CAMPUS SEXUAL VIOLENCE, DOMESTIC VIOLENCE, DATING VIOLENCE, AND STALKING EDUCATION AND PREVENTION.

Section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) in the matter preceding subparagraph (A)--CommentsClose CommentsPermalink





(i) by striking ‘on August 1, 1991, begin to’; andCommentsClose CommentsPermalink





(ii) by striking ‘beginning September 1, 1992, and each year thereafter,’ and inserting ‘, by October 1 of each year,’;CommentsClose CommentsPermalink





(B) by striking subparagraph (A) and inserting the following:CommentsClose CommentsPermalink





‘(A) A statement of current campus policies regarding procedures and facilities for students, employees, and others in the campus community to report criminal actions or other emergencies occurring on campus, on public property, and in or on noncampus buildings or property, and policies concerning the institution’s response to such reports.’;CommentsClose CommentsPermalink





(C) in subparagraph (C)(iii), by striking the period at the end and adding at the end ‘, when the victim of such crime elects to make such a report.’;CommentsClose CommentsPermalink





(D) in subparagraph (F)--CommentsClose CommentsPermalink





(i) by striking ‘and’ at the end of clause (i)(IX);CommentsClose CommentsPermalink





(ii) by striking the period at the end of clause (ii) and inserting ‘; and’; andCommentsClose CommentsPermalink





(iii) by adding at the end the following:CommentsClose CommentsPermalink





‘(iii) of domestic violence, dating violence, and stalking incidents that were reported to campus security authorities or local police agencies.’; andCommentsClose CommentsPermalink





(E) in subparagraph (I), by striking ‘section 170101(j)’ through the end, and inserting ‘the Jacob Wetterling, Megan Nicole Kanka, and Pam Lychner Sex Offender Registration and Notification Program established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.) concerning registered sex offenders enrolled or working at the institution may be obtained, such as the law enforcement office of the institution, a local law enforcement agency with jurisdiction for the campus, or a Web site.’;CommentsClose CommentsPermalink





(2) in paragraph (3), by inserting ‘, that withholds the names of victims as confidential,’ after ‘that is timely’;CommentsClose CommentsPermalink





(3) in paragraph (5)(A), by striking ‘September 1, 2000’ and inserting ‘December 31, 2012’;CommentsClose CommentsPermalink





(4) by striking paragraph (6)(A) and inserting the following:CommentsClose CommentsPermalink





‘(6)(A) In this subsection:CommentsClose CommentsPermalink





‘(i) The term ‘awareness program’ means any program designed to alert students at an institution of higher education to the prevalence of domestic violence, dating violence, sexual assault, or stalking, including--CommentsClose CommentsPermalink





‘(I) discussions of the nature and number of cases of domestic violence, dating violence, sexual assault, and stalking at such institution in the 3 preceding calendar years;CommentsClose CommentsPermalink





‘(II) statistics on the outcomes of disciplinary proceedings for such cases at such institution; andCommentsClose CommentsPermalink





‘(III) risk factors associated with such cases, including physically, sexually, and psychologically controlling behavior.CommentsClose CommentsPermalink





‘(ii) The term ‘bystander intervention’ means safe and positive options that may be carried out by an individual to prevent harm or intervene when there is a risk of domestic violence, dating violence, sexual assault, or stalking against a person other than such individual.CommentsClose CommentsPermalink





‘(iii) The term ‘campus’ means--CommentsClose CommentsPermalink





‘(I) any building or property owned or controlled by an institution of higher education within the same reasonably contiguous geographic area of the institution and used by the institution in direct support of, or in a manner related to, the institution’s educational purposes, including residence halls; andCommentsClose CommentsPermalink





‘(II) property within the same reasonably contiguous geographic area of the institution that is owned by the institution but controlled by another person, is used by students, and supports institutional purposes (such as a food or other retail vendor).CommentsClose CommentsPermalink





‘(iv) The term ‘dating violence’ has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)).CommentsClose CommentsPermalink





‘(v) The term ‘domestic violence’ has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)).CommentsClose CommentsPermalink





‘(vi) The term ‘noncampus building or property’ means--CommentsClose CommentsPermalink





‘(I) any building or property owned or controlled by a student organization recognized by the institution; andCommentsClose CommentsPermalink





‘(II) any building or property (other than a branch campus) owned or controlled by an institution of higher education that is used in direct support of, or in relation to, the institution’s educational purposes, is used by students, and is not within the same reasonably contiguous geographic area of the institution.CommentsClose CommentsPermalink





‘(vii) The term ‘primary prevention’ means programming and strategies intended to stop domestic violence, dating violence, sexual assault, or stalking before it occurs through the changing of social norms and other approaches.CommentsClose CommentsPermalink





‘(viii) The term ‘public property’ means all public property that is within the same reasonably contiguous geographic area of the institution, such as a sidewalk, a street, other thoroughfare, or parking facility, and is adjacent to a facility owned or controlled by the institution if the facility is used by the institution in direct support of, or in a manner related to the institution’s educational purposes.CommentsClose CommentsPermalink





‘(ix) The term ‘results’ means a decision or determination, made by an honor court or council, committee, commission, or other entity authorized to resolve disciplinary matters within an institution of higher education.CommentsClose CommentsPermalink





‘(x) The term ‘risk reduction’ means options for recognizing warning signs of abusive behavior, and how to avoid potential attacks.CommentsClose CommentsPermalink





‘(xi) The term ‘sexual assault’ means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation.CommentsClose CommentsPermalink





‘(xii) The term ‘stalking’ has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)).’;CommentsClose CommentsPermalink





(5) in paragraph (7)--CommentsClose CommentsPermalink





(A) by striking ‘paragraph (1)(F)’ and inserting ‘clauses (i) and (ii) of paragraph (1)(F)’; andCommentsClose CommentsPermalink





(B) by inserting after ‘Hate Crime Statistics Act.’ the following: ‘For the offenses of domestic violence, dating violence, and stalking, such statistics shall be compiled in accordance with the definitions used in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)).’;CommentsClose CommentsPermalink





(6) by striking paragraph (8) and inserting the following:CommentsClose CommentsPermalink





‘(8)(A) Each institution of higher education participating in any program under this title, other than a foreign institution of higher education, shall develop and distribute as part of the report described in paragraph (1) a statement of policy regarding--CommentsClose CommentsPermalink





‘(i) such institution’s programs to prevent domestic violence, dating violence, sexual assault, or stalking; andCommentsClose CommentsPermalink





‘(ii) the procedures that such institution will follow once an incident of domestic violence, dating violence, sexual assault, or stalking has been reported, which shall include--CommentsClose CommentsPermalink





‘(I) providing, in writing, to each student or employee who reports to the institution that he or she has been a victim of domestic violence, dating violence, sexual assault, or stalking--CommentsClose CommentsPermalink





‘(aa) an explanation of--CommentsClose CommentsPermalink





‘(AA) the right of victims of such offenses to notify proper law enforcement authorities, including on-campus and local police;CommentsClose CommentsPermalink





‘(BB) the option to be assisted by campus authorities in notifying such authorities if the student or employee so chooses; andCommentsClose CommentsPermalink





‘(CC) the right of victims of such offenses to not notify such authorities;CommentsClose CommentsPermalink





‘(bb) an explanation of the right of victims of such offenses, when relevant, to seek an order of protection, no contact order, restraining order, or similar lawful order issued by a criminal, civil, or tribal court or enforce an order already in existence;CommentsClose CommentsPermalink





‘(cc) contact information for victim advocacy, counseling, health, mental health, legal assistance, and other services available to victims both on-campus and in the local community;CommentsClose CommentsPermalink





‘(dd) an explanation of the availability of a victims’ rights advocate to assist in reporting an incident and in locating and utilizing victim services;CommentsClose CommentsPermalink





‘(ee) an explanation of the institution’s disciplinary process; andCommentsClose CommentsPermalink





‘(ff) suggested safety planning (including a change in residence, class schedule, and travel) and individuals at the institution and in the local community who can assist the victim in implementing safety planning;CommentsClose CommentsPermalink





‘(II) a description of how such institution shall help to enforce any order of protection, no contact order, restraining order, or similar lawful order issued by any criminal, civil, or tribal court, if the victim has informed such institution of such order; andCommentsClose CommentsPermalink





‘(III) information about how the institution will protect the confidentiality of victims, including how publicly available recordkeeping will be accomplished without the inclusion of identifying information about the victim, to the extent permissible by law.CommentsClose CommentsPermalink





‘(B) The policy described in subparagraph (A) shall address the following areas:CommentsClose CommentsPermalink





‘(i) Education programs to promote the awareness of the offenses of domestic violence, dating violence, sexual assault, and stalking, which shall include--CommentsClose CommentsPermalink





‘(I) primary prevention and awareness programs for all incoming students and new employees, which shall include--CommentsClose CommentsPermalink





‘(aa) a statement that the institution of higher education prohibits the offenses of domestic violence, dating violence, sexual assault, and stalking;CommentsClose CommentsPermalink





‘(bb) the definition of domestic violence, dating violence, sexual assault, and stalking;CommentsClose CommentsPermalink





‘(cc) the definition of consent in reference to sexual activity;CommentsClose CommentsPermalink





‘(dd) information about reporting such offenses, including such offenses that occur on and off campus;CommentsClose CommentsPermalink





‘(ee) the elements of healthy relationships and the right of individuals to live without the fear of becoming a victim of domestic violence, dating violence, sexual assault, or stalking;CommentsClose CommentsPermalink





‘(ff) bystander intervention; andCommentsClose CommentsPermalink





‘(gg) risk reduction; andCommentsClose CommentsPermalink





‘(II) ongoing prevention and awareness campaigns for students and faculty, including information described in items (aa) through (gg) of subclause (I).CommentsClose CommentsPermalink





‘(ii) Possible sanctions or protective measures that such institution may impose following the final determination of an institutional disciplinary procedure regarding domestic violence, dating violence, sexual assault, or stalking.CommentsClose CommentsPermalink





‘(iii) Procedures’ victims should follow if domestic violence, dating violence, sexual assault, or stalking occurs, including information about the importance of preserving evidence as may be necessary to the proof of criminal domestic violence, dating violence, sexual assault, or stalking, or in obtaining a protection order.CommentsClose CommentsPermalink





‘(iv) Information about to whom the alleged domestic violence, dating violence, sexual assault, or stalking should be reported.CommentsClose CommentsPermalink





‘(v) Procedures for institutional disciplinary action in cases of an alleged incident of domestic violence, dating violence, sexual assault, or stalking, which shall include a clear statement that--CommentsClose CommentsPermalink





‘(I) such proceedings shall--CommentsClose CommentsPermalink





‘(aa) provide a prompt and equitable resolution;CommentsClose CommentsPermalink





‘(bb) be conducted by officials who receive annual training on the issues related to domestic violence, dating violence, sexual assault, and stalking and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability; andCommentsClose CommentsPermalink





‘(cc) use the preponderance of the evidence standard;CommentsClose CommentsPermalink





‘(II) the accuser and the accused are entitled to the same opportunities to have others present during an institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by an advisor of their choice;CommentsClose CommentsPermalink





‘(III) both the accuser and the accused shall be simultaneously informed, in writing--CommentsClose CommentsPermalink





‘(aa) of the results of any institutional disciplinary proceeding that arises from an allegation of domestic violence, dating violence, sexual assault, or stalking;CommentsClose CommentsPermalink





‘(bb) when the institution accepts an appeal of such results;CommentsClose CommentsPermalink





‘(cc) of any change to such results that occurs prior to the time that such results become final; andCommentsClose CommentsPermalink





‘(dd) when such results become final; andCommentsClose CommentsPermalink





‘(IV) any disclosure of results under subclause (III)--CommentsClose CommentsPermalink





‘(aa) shall include only the name of the accused, the violation alleged, and whether any institutional rules or code sections were violated, essential findings supporting such result, and any sanction imposed by the institution against the accused (including a description of any disciplinary action taken by the institution, the date of the imposition of such action, and the duration of such action);CommentsClose CommentsPermalink





‘(bb) shall include a notice of whether an appeal will be permitted, a notice of the grounds for appeal, and a clear statement that if an appeal is permitted, both the accuser and the accused shall be entitled to appeal; andCommentsClose CommentsPermalink





‘(cc) shall not include identifying information about the victim.CommentsClose CommentsPermalink





‘(vi) Policies and procedures to ensure that a student or employee who reports to the institution that he or she has been the victim of domestic violence, dating violence, sexual assault, or stalking, regardless of whether the victim chooses to report the crime to campus police or local law enforcement, shall receive information about options for, and available assistance in, changing academic, living, transportation, and working situations, if such assistance is requested by the student or employee and if such accommodations are reasonably available.’;CommentsClose CommentsPermalink





(7) in paragraph (9), by striking ‘The Secretary’ and inserting ‘The Secretary, in consultation with the Attorney General of the United States (through the Director of the Office on Violence Against Women),’;CommentsClose CommentsPermalink





(8) by striking paragraph (14);CommentsClose CommentsPermalink





(9) by redesignating paragraphs (15) through (18) as paragraphs (14) through (17), respectively;CommentsClose CommentsPermalink





(10) by striking paragraph (15), as redesignated by paragraph (9), and inserting the following:CommentsClose CommentsPermalink





‘(15)(A) The Secretary shall seek the advice and counsel of the Attorney General of the United States concerning the development, and dissemination to institutions of higher education, of best practices information about campus safety and emergencies.CommentsClose CommentsPermalink





‘(B) The Secretary shall seek the advice and counsel of the Attorney General of the United States (through the Director of the Office on Violence Against Women) and the Secretary of Health and Human Services (through the Director of the Family Violence Prevention and Services Office) concerning the development, and dissemination to institutions of higher education, of best practices information about preventing and responding to incidents of domestic violence, dating violence, sexual assault, and stalking, including elements of institutional policies that have proven successful based on evidence-based outcome measurements.’; andCommentsClose CommentsPermalink





(11) by striking paragraph (16), as redesignated by paragraph (9), and inserting the following:CommentsClose CommentsPermalink





‘(16) No officer, employee, or agent of an institution participating in any program under this title shall retaliate, intimidate, threaten, coerce, or otherwise discriminate against any individual for exercising their rights or responsibilities under any provision of this subsection.’.CommentsClose CommentsPermalink

SEC. 4. EFFECTIVE DATE.

The amendments made by this Act shall take effect with respect to the annual security report under section 485(f)(1) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(1)) prepared by an institution of higher education 1 calendar year after the date of enactment of this Act, and each subsequent calendar year.CommentsClose CommentsPermalink