,i #aacth ,,congress #ast ,session ,h4 ,r4 #dhb ,,in ,,the ,,house ,,of ,,representatives ,february #d1 #bjac ,mr4 ,holt 7for himself1 ,mr4 ,capuano1 ,mrs4 ,davis of ,california1 ,mr4 ,mc,dermott1 ,ms4 ,chu1 ,mr4 ,larsen of ,washington1 ,ms4 ,bonamici1 ,ms4 ,schwartz1 ,ms4 ,lee of ,california1 ,mr4 ,ellison1 ,mr4 ,schiff1 ,mr4 ,hastings of ,florida1 ,mr4 ,sires1 ,ms4 ,shea-,porter1 ,mr4 ,pascrell1 ,mr4 ,honda1 ,mr4 ,pallone1 ,mr4 ,payne1 ,ms4 ,hahn1 ,mr4 ,doyle1 ,mr4 ,grijalva1 ,mr4 ,pocan1 and ,ms4 ,meng7 introduced the following bill2 which was referred to the ,committee on ,education and the ,workforce ,a ,,bill ,to prevent harassment at institutions of higher education1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,tyler ,clementi ,higher ,education ,anti-,harassment ,act of #bjac4 #b4 ,institutional and financial assistance information for students ,section #dhe7;f7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajib7;f77 is amended-- 7#a7 by striking the subsection heading and inserting ,disclosure of campus security and harassment policy and campus crime statistics42 7#b7 in paragraph 7#f77;,a7-- 7,a7 by redesignating clauses 7ii7 and 7iii7 as clauses 7vi7 and 7vii71 respectively2 and 7,b7 by inserting after clause 7i7 the following3 7ii7 ,the term commercial mobile service has the meaning given the term in section #ccb7;d7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #ccb7;d774 7iii7 ,the term electronic communication means any transfer of signs1 signals1 writing1 images1 sounds1 or data of any nature transmitted in whole or in part by a wire1 radio1 electromagnetic1 photoelectronic1 or photooptical system4 7iv7 ,the term electronic messaging services has the meaning given the term in section #ajb of the ,communications ,assistance for ,law ,enforcement ,act 7#dg ,u4,s4,c4 #ajja74 7v7 ,the term harassment means conduct1 including acts of verbal1 nonverbal1 or physical aggression1 intimidation1 or hostility 7including conduct that is undertaken in whole or in part1 through the use of electronic messaging services1 commercial mobile services1 electronic communications1 or other technology7 that-- 7,i7 is sufficiently severe1 persistent1 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 education1 or to create a hostile or abusive educational environment at an institution of higher education2 and 7,,ii7 is based on a student's actual or perceived-- 7aa7 race2 7bb7 color2 7cc7 national origin2 7dd7 sex2 7ee7 disability2 7ff7 sexual orientation2 7gg7 gender identity2 or 7hh7 religion4 2 7#c7 by redesignating paragraphs 7#i7 through 7#ah7 as paragraphs 7#aj7 through 7#ai71 respectively2 and 7#d7 by inserting after paragraph 7#h7 the following3 7#i7 7,a7 ,each institution of higher education participating in any program under this title1 other than a foreign institution of higher education1 shall develop and distribute as part of the report described in paragraph 7#a7 a statement of policy regarding harassment1 which shall include-- 7i7 a prohibition of harassment of enrolled students by other students1 faculty1 and staff-- 7,i7 on campus2 7,,ii7 in noncampus buildings or on noncampus property2 7,,iii7 on public property2 7,,iv7 through the use of electronic mail addresses issued by the institution of higher education2 7,v7 through the use of computers and communication networks1 including any telecommunications service1 owned1 operated1 or contracted for use by the institution of higher education or its agents2 or 7,,vi7 during an activity sponsored by the institution of higher education or carried out with the use of resources provided by the institution of higher education2 7ii7 a description of the institution's programs to combat harassment1 which shall be aimed at the prevention of harassment2 7iii7 a description of the procedures that a student should follow if an incident of harassment occurs2 and 7iv7 a description of the procedures that the institution will follow once an incident of harassment has been reported4 7,b7 ,the statement of policy described in subparagraph 7,a7 shall address the following areas3 7i7 ,procedures for timely institutional action in cases of alleged harassment1 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 harassment4 7ii7 ,possible sanctions to be imposed following the final determination of an institutional disciplinary procedure regarding harassment4 7iii7 ,notification of existing counseling1 mental health1 or student services for victims or perpetrators of harassment1 both on campus and in the community4 7iv7 ,identification of a designated employee or office at the institution that will be responsible for receiving and tracking each report of harassment by a student1 faculty1 or staff member4 4 #c4 ,anti-harassment ,competitive ,grant program 7a7 ,definitions ,in this section3 7#a7 ,eligible ,entity ,the term eligible entity means-- 7,a7 an institution of higher education1 including an institution of higher education in a collaborative partnership with a nonprofit organization2 or 7,b7 a consortium of institutions of higher education located in the same ,state4 7#b7 ,harassment ,the term harassment has the meaning given the term in section #dhe7;f77#f77;,a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajib7;f77#f77;,a771 as amended by section #b of this ,act4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,education4 7b7 ,program ,authorized ,the ,secretary is authorized to award grants1 on a competitive basis1 to eligible entities to enable eligible entities to carry out the authorized activities described in subsection 7d74 7c7 ,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 section4 7d7 ,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 #dhe7;f77#f77;,a77v77,,ii7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajib7;f77#f77;,a77v77,,ii771 as amended by section #b of this ,act1 by initiating1 expanding1 or improving programs-- 7#a7 to prevent the harassment of students at institutions of higher education2 7#b7 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 harassment2 or 7#c7 that educate or train students1 faculty1 or staff of institutions of higher education about ways to prevent harassment or ways to address such harassment if it occurs4 7e7 ,application ,to be eligible to receive a grant under this section1 an eligible entity shall submit an application to the ,secretary at such time1 in such manner1 and containing such information1 as the ,secretary may require4 7f7 ,duration2 ,renewal ,a grant under this section shall be awarded for a period of not more than #c years4 ,the ,secretary may renew a grant under this section for one additional period of not more than #b years4 7g7 ,award ,considerations ,in awarding a grant under this section1 the ,secretary shall select eligible entities that demonstrate the greatest need for a grant and the greatest potential benefit from receipt of a grant4 7h7 ,report and ,evaluation 7#a7 ,evaluation and ,report to the ,secretary ,not later than #f months after the end of the eligible entity's grant period1 the eligible entity shall-- 7,a7 evaluate the effectiveness of the activities carried out with the use of funds awarded pursuant to this section in decreasing harassment and improving tolerance2 and 7,b7 prepare and submit to the ,secretary a report on the results of the evaluation conducted by the entity4 7#b7 ,evaluation and ,report to ,congress ,not later than #ab months after the date of receipt of the first report submitted pursuant to paragraph 7#a7 and annually thereafter1 the ,secretary shall provide to ,congress a report that includes the following3 7,a7 ,the number and types of eligible entities receiving assistance under this section4 7,b7 ,the anti-harassment programs being implemented with assistance under this section and the costs of such programs4 7,c7 ,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 education4 7#c7 ,best ,practices ,report ,the ,secretary shall use the information provided under paragraph 7#a7 to publish a report of best practices for combating harassment at institutions of higher education4 ,the report shall be made available to all institutions of higher education and other interested parties4 7i7 ,authorization of ,appropriations ,there are authorized to be appropriated to carry out this section #ej1jjj1jjj for each of fiscal years #bjad through #bjai4 #d4 ,effect on other laws ,nothing in this ,act shall be construed to invalidate or limit rights1 remedies1 procedures1 or legal standards available to victims of discrimination under any other ,federal law or law of a ,state or political subdivision of a ,state1 including title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq471 title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq471 section #ejd or #eje of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid1 #gid;a71 or the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq474 ,the obligations imposed by this ,act are in addition to those imposed by title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq471 title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq471 section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid71 and the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq474