H.R.6425 - Tyler Clementi Higher Education Anti-Harassment Act of 2010
To prevent harassment at institutions of higher education, and for other purposes.
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Mr. HOLT (for himself, Ms. LINDA T. SANCHEZ of California, Mr. SIRES, Mr. PASCRELL, Mr. ANDREWS, Mr. PALLONE, and Mr. ROTHMAN of New Jersey) introduced the following bill; which was referred to the Committee on Education and LaborCommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
SEC. 2. INSTITUTIONAL AND FINANCIAL ASSISTANCE INFORMATION FOR STUDENTS.
‘(iii) The term ‘electronic communication’ means any transfer of signs, signals, writing, images, sounds, or data of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photooptical system.CommentsClose CommentsPermalink
‘(v) The term ‘harassment’ means conduct, including acts of verbal, nonverbal, or physical aggression, intimidation, or hostility (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--CommentsClose CommentsPermalink
‘(I) is sufficiently severe, persistent, or pervasive so as to limit a student’s ability to participate in or benefit from a program or activity at an institution of higher education, or to create a hostile or abusive educational environment at an institution of higher education; andCommentsClose CommentsPermalink
‘(9)(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 harassment, which shall include--CommentsClose CommentsPermalink
‘(V) through the use of computers and communication networks, including any telecommunications service, owned, operated, or contracted for use by the institution of higher education or its agents; orCommentsClose CommentsPermalink
‘(i) Procedures for timely institutional action in cases of alleged harassment, which procedures shall include a clear statement that the accuser and the accused shall be informed of the outcome of any disciplinary proceedings in response to an allegation of harassment.CommentsClose CommentsPermalink
‘(iv) Identification of a designated employee or office at the institution that will be responsible for receiving and tracking each report of harassment by a student, faculty, or staff member.’.CommentsClose CommentsPermalink
SEC. 3. ANTI-HARASSMENT COMPETITIVE GRANT PROGRAM.
(2) HARASSMENT- The term ‘harassment’ has the meaning given the term in section 485(f)(6)(A) of the Higher Education Act of 1965 (
(b) Program Authorized- The Secretary is authorized to award grants, on a competitive basis, to eligible entities to enable eligible entities to carry out the authorized activities described in subsection (d).CommentsClose CommentsPermalink
(c) Amount of Grant Awards- The Secretary shall ensure that each grant awarded under this section is of sufficient amount to enable the grantee to meet the purpose of this section.CommentsClose CommentsPermalink
(d) Authorized Activities- An eligible entity that receives a grant under this section shall use the funds made available through the grant to address one or more of the types of harassment listed in section 485(f)(6)(A)(v)(II) of the Higher Education Act of 1965 (
(2) at institutions of higher education that provide counseling or redress services to students who have suffered such harassment or students who have been accused of subjecting other students to such harassment; orCommentsClose CommentsPermalink
(3) that educate or train students, faculty, or staff of institutions of higher education about ways to prevent harassment or ways to address such harassment if it occurs.CommentsClose CommentsPermalink
(e) Application- To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information, as the Secretary may require.CommentsClose CommentsPermalink
(f) Duration; Renewal- A grant under this section shall be awarded for a period of not more than 3 years. The Secretary may renew a grant under this section for one additional period of not more than 2 years.CommentsClose CommentsPermalink
(g) Award Considerations- In awarding a grant under this section, the Secretary shall select eligible entities that demonstrate the greatest need for a grant and the greatest potential benefit from receipt of a grant.CommentsClose CommentsPermalink
(A) evaluate the effectiveness of the activities carried out with the use of funds awarded pursuant to this section in decreasing harassment and improving tolerance; andCommentsClose CommentsPermalink
(2) EVALUATION AND REPORT TO CONGRESS- Not later than 12 months after the date of receipt of the first report submitted pursuant to paragraph (1) and annually thereafter, the Secretary shall provide to Congress a report that includes the following:CommentsClose CommentsPermalink
(C) Any other information determined by the Secretary to be useful in evaluating the overall effectiveness of the program established under this section in decreasing incidents of harassment at institutions of higher education.CommentsClose CommentsPermalink
(3) BEST PRACTICES REPORT- The Secretary shall use the information provided under paragraph (1) to publish a report of best practices for combating harassment at institutions of higher education. The report shall be made available to all institutions of higher education and other interested parties.CommentsClose CommentsPermalink
SEC. 4. EFFECT ON OTHER LAWS.
Nothing in this Act shall be construed to invalidate or limit rights, remedies, procedures, or legal standards available to victims of discrimination under any other Federal law or law of a State or political subdivision of a State, including title VI of the Civil Rights Act of 1964 (