,i #aadth ,,congress #ast ,session ,h4 ,r4 #cdjc ,,in ,,the ,,house ,,of ,,representatives ,july #bi1 #bjae ,mr4 ,salmon 7for himself1 ,mr4 ,sessions1 and ,ms4 ,granger7 introduced the following bill2 which was referred to the ,committee on ,education and the ,workforce ,a ,,bill ,to amend the ,higher ,education ,act of #aife to protect victims of sexual violence1 to improve the adjudication of allegations related to sexual violence1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,safe ,campus ,act of #bjae4 #b4 ,institution of higher education requirements for protecting victims of sexual violence and investigating and adjudicating allegations of sexual violence 7a7 ,in ,general ,title ,i of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq47 is amended by adding at the end the following new part3 ,f ,treatment of ,allegations of ,sexual ,violence #afa4 ,application2 ,definition 7a7 ,application ,the requirements of this part shall apply to any institution of higher education receiving ,federal financial assistance under this ,act1 including financial assistance provided to students under title ,,iv1 other than a foreign institution of higher education4 7b7 ,definitions ,in this part1 the following definitions shall apply3 7#a7 ,covered allegation ,the term covered allegation means1 with respect to an institution of higher education1 an allegation that a student of the institution committed an act of sexual violence1 or that members of a student organization of the institution or the organization itself committed or were involved in creating a hostile environment resulting in an act of sexual violence4 7#b7 ,institutional disciplinary proceeding ,the term institutional disciplinary proceeding means the process by which an institution of higher education investigates and adjudicates a covered allegation and imposes a sanction with respect to the allegation1 in accordance with the institution's own code of conduct or similar internal rules4 7#c7 ,sexual violence ,the term sexual violence means1 with respect to an institution of higher education-- 7,a7 aggravated sexual abuse under section #bbda of title #ah1 ,united ,states ,code2 7,b7 assault resulting in substantial bodily injury under section #aac7;a77#g7 of title #ah1 ,united ,states ,code2 7,c7 battery1 as defined under the applicable criminal law of the jurisdiction in which the institution is located2 7,d7 rape1 as defined under the applicable criminal law of the jurisdiction in which the institution is located2 7,e7 sexual abuse under section #bbdb of title #ah1 ,united ,states ,code2 and 7,f7 sexual assault1 as defined under the applicable criminal law of the jurisdiction in which the institution is located4 #afb4 ,education1 reporting1 and student care strategies for preventing sexual violence 7a7 ,education programs 7#a7 ,in general ,each institution of higher education which is subject to this part is encouraged to provide education programs designed to address sexual violence that1 at a minimum1 provide training for reporting covered allegations1 intervening as a bystander1 and fostering development of healthy relationships4 7#b7 ,access to programs ,the institution is encouraged-- 7,a7 to provide access to the programs required under this subsection for each student during each academic year2 and 7,b7 to ensure new students are made aware of the programs and can access them as soon as possible after beginning the course of study at the institution4 7b7 ,support services ,each institution of higher education which is subject to this part shall devote appropriate resources for the care1 support1 and guidance for students affected by sexual violence4 7c7 ,role of ,volunteer ,advisors to ,student ,organizations ,an institution of higher education which is subject to this part-- 7#a7 may not designate an adult volunteer advisor to a student organization1 or any employee of a student organization who is not also an employee of the institution1 as a campus security authority under section #dhe or regulations implementing that section2 and 7#b7 may not deny recognition to a student organization because an advisor or employee described in paragraph 7#a7 does not register or serve as a campus security authority under section #dhe or regulations implementing that section4 7d7 ,training ,each institution of higher education which is subject to this part shall provide appropriate annual training to campus security personnel1 campus disciplinary committee members1 and other relevant institutional personnel regarding the requirements of this part1 and shall at a minimum require each student who serves as a resident advisor in housing facilities which are owned or supervised by the institution to participate in this training and demonstrate knowledge of the requirements of this section regarding the reporting of allegations to law enforcement agencies and the effects of the confidentiality exception under section #afc7;a77#b74 #afc4 ,role of law enforcement agencies in investigation of allegations of sexual violence 7a7 ,referral of allegations 7#a7 ,referral ,except as provided in paragraph 7#b71 if an institution of higher education which is subject to this part receives a covered allegation1 along with written consent to proceed from the alleged victim1 the institution shall report and refer the allegation to the law enforcement agency of the unit of local government with jurisdiction to respond to such allegations in the location of the institution immediately1 but not later than #dh hours after receiving written consent from the alleged victim4 7#b7 ,confidentiality exception 7,a7 ,in general ,paragraph 7#a7 does not apply if the individual who is the alleged victim of an act of sexual violence included in the covered allegation provides a written notification to the institution that the individual does not want the allegation to be investigated by a law enforcement agency4 7,b7 ,effect of notification of confidentiality ,if an individual provides a notification to the institution under this paragraph with respect to an allegation1 the institution may not initiate or otherwise carry out any institutional disciplinary proceeding with respect to the allegation1 including imposing interim measures described in subsection 7c71 but only if the individual includes in the notification a statement that the individual understands the effect under this subparagraph of providing the notification4 7b7 ,restrictions on ,institutional ,disciplinary ,proceedings ,during ,period of ,law ,enforcement ,investigation 7#a7 ,in general ,during the period in which a law enforcement agency is investigating a covered allegation reported by an institution under subsection 7a71 the institution may not initiate or otherwise carry out any institutional disciplinary proceeding with respect to the allegation1 except to the extent that the institution may impose interim sanctions under subsection 7c74 7#b7 ,period of law enforcement investigation described ,for purposes of this subsection and subsection 7c71 the period in which a law enforcement agency is investigating an allegation reported under subsection 7a7 shall be considered-- 7,a7 the #cj-;day period beginning on the date on which the institution reported the allegation to the agency1 together with 7,b7 any subsequent #cj-;day period for which the agency notifies the institution that it is continuing to investigate the allegation and that the public interest is best served by preventing the institution from beginning its own investigation and disciplinary proceeding4 7#c7 ,tolling ,for purposes of satisfying any federally prescribed time period for an institution to complete an adjudication of an allegation to which this subsection applies1 the time period shall be deemed to begin upon the expiration of the period in which the law enforcement agency is investigating the allegation1 in accordance with this subsection4 7#d7 ,permitting involvement of accredited campus public safety departments ,notwithstanding paragraph 7#a71 if an institution of higher education operates an accredited public safety department that employs sworn officers1 such department may carry out investigative functions with respect to an allegation provided to a law enforcement agency under subsection 7a7 if authorized to do so by the law enforcement agency4 7c7 ,permitting ,institution ,to ,impose ,interim ,sanctions 7#a7 ,in general ,during the period in which a law enforcement agency is investigating a covered allegation reported by an institution under subsection 7a71 the institution may impose interim sanctions against the subject of the allegation with respect to the allegation 7including temporary suspensions1 no contact orders1 adjustments of class schedules1 or changes in housing assignments7 and carry out investigations and adjudications with respect to the imposition of such sanctions1 but only if the institution determines that the imposition of such a sanction is a reasonable measure to promote campus safety and student well-being4 7#b7 ,special rules for duration of periods of temporary suspensions 7,a7 ,students ,subject to paragraph 7#c71 if the subject of an allegation is a student1 an institution may impose a temporary suspension for a period of not more than #ae days as an interim sanction under this subsection1 and may extend the suspension for additional periods of not more than #cj days per period if1 pursuant to a hearing held in accordance with the requirements of section #afd for each such additional period1 the institution finds that extension is necessary because the student poses an immediate threat to campus safety and student well-being4 7,b7 ,student organizations ,if the subject of an allegation is a student organization1 an institution may impose a temporary suspension for a period of not more than #aj days on the operations of the organization as an interim sanction under this subsection1 but only if the institution determines that the organization has engaged in activity that presents a significant risk to the health and physical safety of campus community members1 and that the imposition of the suspension is not done merely for punitive purposes4 7#c7 ,period in which interim sanction is in effect ,an interim sanction imposed under this subsection with respect to an allegation shall terminate upon the expiration of the period in which a law enforcement agency is investigating the allegation 7as described in subsection 7b771 except that if an indictment has been issued with respect to the allegation and the subject of the allegation is a student1 the institution may continue the sanction1 including a temporary suspension the duration of which would otherwise be limited under paragraph 7#b77;,a71 until the completion of the case or the completion of any sentence imposed4 7#d7 ,prohibiting imposition of interim sanctions upon joint request of alleged victim and law enforcement ,in addition to the period described in subsection 7b77#b71 an institution may not impose an interim sanction under this subsection with respect to a covered allegation during any period for which the alleged victim and the law enforcement agency which is investigating the allegation submit a joint request to the institution to not impose such an interim sanction4 7d7 ,safe ,harbors 7#a7 ,institutions ,no institution of higher education which is subject to this part shall be considered to have violated any provision of title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq47 or any policy or regulation implementing any such provision on the grounds that the institution did not investigate or adjudicate a covered allegation1 or did not impose any sanction with respect to a covered allegation1 to the extent that the institution was prohibited under this section from initiating or carrying out any institutional disciplinary proceeding with respect to the allegation4 7#b7 ,students ,an institution of higher education which is subject to this part may not impose a sanction on a student who is a victim of1 or a bystander witness to1 an act of sexual violence on the grounds that the student engaged in conduct prohibited under the institution's code of conduct 7other than violent conduct7 if the institution learned that the student engaged in such conduct as part of a report of a covered allegation which was made in good faith by the student to an agent of the institution4 7e7 ,privacy ,it shall not be a violation of section #ddd of the ,general ,education ,provisions ,act 7commonly known as the ,family ,educational ,rights and ,privacy ,act of #aigd7 7#bj ,u4,s4,c4 #abcb;g7 for an institution of higher education to report an allegation to a law enforcement agency under subsection 7a74 7f7 ,no ,effect on ,civil ,remedies ,nothing in this section may be construed to limit the authority of any person to seek a civil remedy in a court of competent jurisdiction with respect to any covered allegation4 #afd4 ,due process requirements for institutional disciplinary proceedings 7a7 ,due process rights ,each institution of higher education which is subject to this part may not impose any sanction on any person1 including a student organization1 in response to a covered allegation unless the sanction is imposed under a formal hearing or similar adjudicatory proceeding1 in accordance with institutional disciplinary proceedings that meet each of the following requirements3 7#a7 ,the institution shall provide all parties to the proceeding with adequate written notice of the allegation not later than #b weeks prior to the start of any formal hearing or similar adjudicatory proceeding1 and shall include in such notice a description of all rights and responsibilities under the proceeding1 a statement of all relevant details of the allegation1 and a specific statement of the sanctions which may be imposed4 7#b7 ,the institution shall provide each person against whom the allegation is made with a meaningful opportunity to admit or contest the allegation4 7#c7 ,the institution shall ensure that all parties to the proceeding have access to all material evidence1 including both inculpatory and exculpatory evidence1 not later than one week prior to the start of any formal hearing or similar adjudicatory proceeding4 ,such evidence may include but is not limited to complainant statements1 third-party witness statements1 electronically stored information1 written communications1 social media posts1 and demonstrative evidence4 7#d7 ,the institution shall permit each party to the proceeding to be represented1 at the sole expense of the party1 by an attorney or other advocate for the duration of the proceeding1 including during the investigation of the allegation and other preliminary stages prior to a formal hearing or similar adjudicatory proceeding1 and shall permit the attorney or other advocate to ask questions in the proceeding1 file relevant papers1 examine evidence1 and examine witnesses 7subject to paragraph 7#e774 7#e7 ,the institution shall permit each party to the proceeding to safely confront witnesses1 including the complainant1 in an appropriate manner1 including by submitting written questions to be asked by the person serving as the adjudicator in any formal hearing or similar adjudicatory proceeding1 except that it shall be presumptively improper for any person to make any inquiry about the sexual history of the individual reporting the covered allegation 7other than an inquiry made by the individual against whom the allegation is made1 or such individual's counsel or advocate1 about the sexual history between such individual and the individual reporting the covered allegation74 7#f7 ,the institution shall ensure that the proceeding is carried out free from conflicts of interest by ensuring that there is no commingling of administrative or adjudicative roles4 ,for purposes of this paragraph1 an institution shall be considered to commingle such roles if any individual carries out more than one of the following roles with respect to the proceeding3 7,a7 ,victim counselor and victim advocate4 7,b7 ,investigator4 7,c7 ,prosecutor4 7,d7 ,adjudicator4 7,e7 ,appellate adjudicator4 7b7 ,standard of proof ,an institution of higher education may establish and apply such standard of proof as it considers appropriate for purposes of any adjudication carried out as part of an institutional disciplinary proceeding under this section4 7c7 ,judicial review 7#a7 ,private right of action ,any individual who is aggrieved by a decision to impose a sanction under an institutional disciplinary proceeding under this section may bring a civil action in an appropriate district court of the ,united ,states1 but only if the action is brought not later than #a year after the date on which the individual received final notice of the sanction imposed on the individual under the proceeding4 7#b7 ,standard for review ,in any action brought under this subsection1 the court may find for the plaintiff only if the court finds that the imposition of the sanction was arbitrary1 capricious1 or contrary to law4 7#c7 ,records ,as soon as practicable after a civil action is filed under this subsection1 the institution of higher education involved shall forward the administrative record of the institutional disciplinary proceeding to the court4 7#d7 ,damages and prevailing party fees ,in any civil action under this subsection1 the court may award the prevailing party 7other than the institution of higher education7 compensatory damages1 reasonable court costs1 attorney fees1 including expert fees1 and any other relief in equity or law that the court deems appropriate4 7d7 ,publication in ,student ,handbook ,each institution of higher education which is subject to this part shall publish annually in the institution's ,student ,handbook 7or equivalent publication7 a statement of the procedures applicable to institutional disciplinary proceedings under this section1 and shall publish such statement in the form of a contract between the institution and its students and student organizations4 7e7 ,no ,right to ,paid ,advocate ,nothing in this section shall be construed to create a right for any individual to be represented by an attorney or other advocate at an institution of higher education's expense4 #afe4 ,preservation of single-sex exemption for student organizations 7a7 ,restatement of ,congressional ,position on ,title ,,ix and ,single-,sex ,organizations ,congress finds as follows3 7#a7 ,the enactment of title ,,ix of the ,education ,amendments of #aigb 7commonly known as title ,,ix7 continues to be a vital element of ensuring all ,americans have equal access to higher education4 7#b7 ,the exemption under title ,,ix that allows single-sex organizations to continue to flourish at institutions of higher education is still essential to developing a wide range of enrichment opportunities for students to learn and grow4 7#c7 ,while title ,,ix has done much to provide opportunities for women and men alike1 the single-sex exemption is a part of that tapestry of opportunities1 and institutions of higher education may not take actions that undermine this single-sex exemption4 7b7 ,prohibiting ,institutions ,from ,requiring ,single-,sex ,student ,organizations ,to ,waive ,title ,,ix ,protections ,an institution of higher education which is subject to this part may not-- 7#a7 require a student organization which is authorized under section #ija7;a77#f77;,a7 of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha7;a77#f77;,a77 to limit its membership to individuals of one sex to admit individuals as members who do not meet the organization's membership requirements2 7#b7 compel a student organization or the governing body of a student organization that is itself comprised of single-sex organizations to accept organizations or individuals that do not meet the organization's or governing body's membership qualifications2 or 7#c7 require an organization which is covered by section #ija7;a77#f77;,a7 of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha7;a77#f77;,a77 to waive its coverage under such section as a disciplinary or punitive measure4 4 7b7 ,effective ,date ,the amendments made by this ,act shall apply with respect to allegations made on or after the expiration of the #a-year period that begins on the date of the enactment of this ,act4