,,ii #aacth ,,congress #ast ,session ,s4 #abh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #bd 7legislative day1 ,january #c71 #bjac ,mr4 ,casey 7for himself1 ,mr4 ,bennet1 ,mr4 ,lautenberg1 ,ms4 ,mikulski1 ,mrs4 ,murray1 ,mrs4 ,boxer1 ,ms4 ,klobuchar1 and ,mr4 ,begich7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,higher ,education ,act of #aife to improve education and prevention related to campus sexual violence1 domestic violence1 dating violence1 and stalking4 #a4 ,short title ,this ,act may be cited as the ,campus ,sexual ,violence ,elimination ,act4 #b4 ,campus sexual violence1 domestic violence1 dating violence1 and stalking education and prevention 7a7 ,in general ,section #dhe7;f7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajib7;f77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,c77iii71 by striking the period at the end and inserting 1 when the victim of such crime elects or is unable to make such a report42 and 7,b7 in subparagraph 7,f7-- 7i7 in clause 7i77,,viii71 by striking and after the semicolon2 7ii7 in clause 7ii7-- 7,i7 by striking sexual orientation and inserting national origin1 sexual orientation1 gender identity12 and 7,,ii7 by striking the period and inserting 2 and2 and 7iii7 by adding at the end the following3 7iii7 of domestic violence1 dating violence1 and stalking incidents that were reported to campus security authorities or local police agencies4 2 7#b7 in paragraph 7#c71 by inserting 1 that withholds the names of victims as confidential1 after that is timely2 7#c7 in paragraph 7#f77;,a7-- 7,a7 by redesignating clauses 7i71 7ii71 and 7iii7 as clauses 7ii71 7iii71 and 7iv71 respectively2 7,b7 by inserting before clause 7ii71 as redesignated by subparagraph 7,a71 the following3 7i7 ,the terms dating violence1 domestic violence1 and stalking have the meaning given such terms in section #djjjb7;a7 of the ,violence ,against ,women ,act of #aiid 7#db ,u4,s4,c4 #acibe7;a774 2 and 7,c7 by inserting after clause 7iv71 as redesignated by subparagraph 7,a71 the following3 7v7 ,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 ,investigation4 2 7#d7 in paragraph 7#g7-- 7,a7 by striking paragraph 7#a77;,f7 and inserting clauses 7i7 and 7ii7 of paragraph 7#a77;,f72 and 7,b7 by inserting after ,hate ,crime ,statistics ,act4 the following3 ,for the offenses of domestic violence1 dating violence1 and stalking1 such statistics shall be compiled in accordance with the definitions used in section #djjjb7;a7 of the ,violence ,against ,women ,act of #aiid 7#db ,u4,s4,c4 #acibe7;a7742 7#e7 by striking paragraph 7#h7 and inserting the following3 7#h7 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-- 7i7 such institution's programs to prevent domestic violence1 dating violence1 sexual assault1 and stalking2 and 7ii7 the procedures that such institution will follow once an incident of domestic violence1 dating violence1 sexual assault1 or stalking has been reported1 including a statement of the standard of evidence that will be used during any institutional conduct proceeding arising from such a report4 7,b7 ,the policy described in subparagraph 7,a7 shall address the following areas3 7i7 ,education programs to promote the awareness of rape1 acquaintance rape1 domestic violence1 dating violence1 sexual assault1 and stalking1 which shall include-- 7,i7 primary prevention and awareness programs for all incoming students and new employees1 which shall include-- 7aa7 a statement that the institution of higher education prohibits the offenses of domestic violence1 dating violence1 sexual assault1 and stalking2 7bb7 the definition of domestic violence1 dating violence1 sexual assault1 and stalking in the applicable jurisdiction2 7cc7 the definition of consent1 in reference to sexual activity1 in the applicable jurisdiction2 7dd7 safe and positive options for bystander intervention that may be carried out by an individual to prevent harm or intervene when there is a risk of domestic violence1 dating violence1 sexual assault1 or stalking against a person other than such individual2 7ee7 information on risk reduction to recognize warning signs of abusive behavior and how to avoid potential attacks2 and 7ff7 the information described in clauses 7ii7 through 7vii72 and 7,,ii7 ongoing prevention and awareness campaigns for students and faculty1 including information described in items 7aa7 through 7ff7 of subclause 7,i74 7ii7 ,possible sanctions or protective measures that such institution may impose following a final determination of an institutional disciplinary procedure regarding rape1 acquaintance rape1 domestic violence1 dating violence1 sexual assault1 or stalking4 7iii7 ,procedures victims should follow if a sex offense1 domestic violence1 dating violence1 sexual assault1 or stalking has occurred1 including information in writing about-- 7,i7 the importance of preserving evidence as may be necessary to the proof of criminal domestic violence1 dating violence1 sexual assault1 or stalking1 or in obtaining a protection order2 7,,ii7 to whom the alleged offense should be reported2 7,,iii7 options regarding law enforcement and campus authorities1 including notification of the victim's option to-- 7aa7 notify proper law enforcement authorities1 including on-campus and local police2 7bb7 be assisted by campus authorities in notifying law enforcement authorities if the victim so chooses2 and 7cc7 decline to notify such authorities2 and 7,,iv7 where applicable1 the rights of victims and the institution's responsibilities regarding orders of protection1 no contact orders1 restraining orders1 or similar lawful orders issued by a criminal1 civil1 or tribal court4 7iv7 ,procedures for institutional disciplinary action in cases of alleged domestic violence1 dating violence1 sexual assault1 or stalking1 which shall include a clear statement that-- 7,i7 such proceedings shall-- 7aa7 provide a prompt1 fair1 and impartial investigation and resolution2 7bb7 be conducted by officials who receive annual training on the issues related to domestic violence1 dating violence1 sexual assault1 and stalking and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability2 and 7cc7 use the preponderance of the evidence standard2 7,,ii7 the accuser and the accused are entitled to the same opportunities to have others present during an institutional disciplinary proceeding1 including the opportunity to be accompanied to any related meeting or proceeding by an advisor of their choice2 and 7,,iii7 both the accuser and the accused shall be simultaneously informed1 in writing1 of-- 7aa7 the outcome of any institutional disciplinary proceeding that arises from an allegation of domestic violence1 dating violence1 sexual assault1 or stalking2 7bb7 the institution's procedures for the accused and the victim to appeal the results of the institutional disciplinary proceeding2 7cc7 any change to the results that occurs prior to the time that such results become final2 and 7dd7 when such results become final4 7v7 ,information about how the institution will protect the confidentiality of victims1 including how publicly available recordkeeping will be accomplished without the inclusion of identifying information about the victim1 to the extent permissible by law4 7vi7 ,written notification of students and employees about existing counseling1 health1 mental health1 victim advocacy1 legal assistance1 and other services available for victims both on-campus and in the community4 7vii7 ,written notification of victims about options for1 and available assistance in1 changing academic1 living1 transportation1 and working situations1 if so requested by the victim and if such accommodations are reasonably available1 regardless of whether the victim chooses to report the crime to campus police or local law enforcement4 7,c7 ,a student or employee who reports to an institution of higher education that the student or employee has been a victim of domestic violence1 dating violence1 sexual assault1 or stalking1 whether the offense occurred on or off campus1 shall be provided with a written explanation of the student or employee's rights and options1 as described in clauses 7ii7 through 7vii7 of subparagraph 7,b74 2 7#f7 in paragraph 7#i71 by striking ,the ,secretary and inserting ,the ,secretary1 in consultation with the ,attorney ,general of the ,united ,states12 7#g7 by striking paragraph 7#af7 and inserting the following3 7#af7 7,a7 ,the ,secretary shall seek the advice and counsel of the ,attorney ,general of the ,united ,states concerning the development1 and dissemination to institutions of higher education1 of best practices information about campus safety and emergencies4 7,b7 ,the ,secretary shall seek the advice and counsel of the ,attorney ,general of the ,united ,states and the ,secretary of ,health and ,human ,services concerning the development1 and dissemination to institutions of higher education1 of best practices information about preventing and responding to incidents of domestic violence1 dating violence1 sexual assault1 and stalking1 including elements of institutional policies that have proven successful based on evidence-based outcome measurements4 2 and 7#h7 by striking paragraph 7#ag7 and inserting the following3 7#ag7 ,no officer1 employee1 or agent of an institution participating in any program under this title shall retaliate1 intimidate1 threaten1 coerce1 or otherwise discriminate against any individual for exercising their rights or responsibilities under any provision of this subsection4 4 7b7 ,effective date ,the amendments made by this section shall take effect with respect to the annual security report under section #dhe7;f77#a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajib7;f77#a77 prepared by an institution of higher education #a calendar year after the date of enactment of this ,act1 and each subsequent calendar year4