,i #aaeth ,,congress #ast ,session ,h4 ,r4 #djcj ,,in ,,the ,,house ,,of ,,representatives ,october #ab1 #bjag,ms4 ,speier 7for herself1 ,ms4 ,bonamici1 ,ms4 ,de,lauro1 ,mr4 ,de,saulnier1 ,mrs4 ,dingell1 ,mr4 ,ellison1 ,mr4 ,espaillat1 ,ms4 ,frankel of ,florida1 ,ms4 ,jackson ,lee1 ,ms4 ,kuster of ,new ,hampshire1 ,ms4 ,lee1 ,ms4 ,matsui1 ,mrs4 ,napolitano1 ,ms4 ,norton1 ,mr4 ,panetta1 ,mr4 ,quigley1 ,ms4 ,roybal-,allard1 ,ms4 ,schakowsky1 ,mr4 ,takano1 ,ms4 ,wasserman ,schultz1 ,ms4 ,maxine ,waters of ,california1 ,mrs4 ,carolyn ,b4 ,maloney of ,new ,york1 ,mr4 ,grijalva1 ,mr4 ,scott of ,virginia1 ,ms4 ,fudge1 ,ms4 ,shea-,porter1 ,mr4 ,courtney1 and ,mrs4 ,davis of ,california7 introduced the following bill2 which was referred to the ,committee on ,education and the ,workforce ,a ,,bill ,to amend the ,department of ,education ,organization ,act to codify into law the ,revised ,sexual ,harassment ,guidance3 ,harassment of ,students by ,school ,employees1 ,other ,students1 or ,third ,parties1 issued ,january #ai1 #bjja1 by the ,office for ,civil ,rights of the ,department of ,education1 as in effect on ,january #a1 #bjag2 the ,dear ,colleague letter issued ,april #d1 #bjaa1 by the ,office for ,civil ,rights of the ,department of ,education1 as in effect on ,january #a1 #bjag2 and the ,questions and ,answers on ,title ,,ix and ,sexual ,violence issued ,april #bi1 #bjad1 by the ,office for ,civil ,rights of the ,department of ,education1 as in effect on ,january #a1 #bjag4 #a4 ,short title ,this ,act may be cited as the ,title ,,ix ,protection ,act4 #b4 ,findings ,congress makes the following findings3 7#a7 ,education has long been recognized as the great equalizer in ,america4 7#b7 ,the ,congress believes that providing all students with an educational environment free from discrimination is extremely important4 ,the sexual harassment of students1 including sexual violence1 creates a hostile environment1 interferes with the right of students to receive an education free from discrimination1 and is a form of discrimination prohibited by title ,,ix of the ,education ,amendments of #aigb4 7#c7 ,each school has a responsibility to promptly1 thoroughly1 and fairly investigate when sexual harassment is reported or observed by school employees4 7#d7 ,sexual harassment of students1 including acts of sexual violence1 is a form of sex discrimination prohibited by title ,,ix of the ,education ,amendments of #aigb4 7#e7 ,in order to assist school districts1 colleges1 and universities 7hereinafter schools7 in meeting these obligations1 the ,department of ,education and its ,office for ,civil ,rights 7,,ocr7 issued a ,dear ,colleague letter on ,april #d1 #bjaa 7#bjaa ,,dcl71 reminding schools that the requirements of title ,,ix pertaining to sexual harassment also cover sexual violence1 and that laid out the specific steps schools shall take when responding to sexual violence4 7#f7 ,the #bjaa ,,dcl supplemented the ,revised ,sexual ,harassment ,guidance3 ,harassment of ,students by ,school ,employees1 ,other ,students1 or ,third ,parties1 issued ,january #ai1 #bjja 7#bjja ,guidance71 by the ,,ocr under the ,william ,jefferson ,clinton ,administration1 and then reissued ,january #be1 #bjjf1 by the ,,ocr under the ,george ,w4 ,bush ,administration1 by providing additional guidance and practical examples regarding the title ,,ix requirements as they relate to sexual violence4 7#g7 ,in responding to requests for technical assistance1 ,,ocr determined that schools would benefit from additional guidance concerning their obligations under title ,,ix to address sexual violence as a form of sexual harassment1 and issued the ,questions and ,answers on ,title ,,ix and ,sexual ,violence on ,april #bi1 #bjad 7#bjad ,q,a71 to further clarify the legal requirements and guidance articulated in the #bjaa ,,dcl and the #bjja ,guidance4 ,the #bjad ,q,a included examples of proactive efforts schools can take to prevent sexual violence and remedies schools may use to end such conduct1 prevent its recurrence1 and address its effects4 7#h7 ,on ,september #g1 #bjag1 ,secretary of ,education ,betsy ,de,vos announced that ,,ocr would be opening up a formal notice and comment period to replace the #bjaa ,,dcl4 7#i7 ,on ,september #bb1 #bjag1 ,,ocr rescinded both the #bjaa ,,dcl and the #bjad ,q,a1 and released a new interim ,q,a 7#bjag ,interim ,guidance7 for schools on how to investigate and adjudicate allegations of campus sexual misconduct under ,federal law4 7#aj7 ,although it is ,congress's view that title ,,ix already requires the elements laid out in the amendment made by this ,act1 ,,ocr's recent actions allow schools to discriminate against survivors of sexual harassment and violence1 contradicts the longstanding #bjja ,guidance1 and has already caused confusion for schools and students4 7#aa7 ,therefore ,congress has decided to reiterate and codify portions of the #bjja ,guidance1 the #bjaa ,,dcl1 and the #bjad ,q,a to provide clarity for schools and students regarding what is required under title ,,ix with regard to sexual harassment1 including sexual violence4 #c4 ,definitions ,for purposes of this ,act3 7#a7 ,the term #bjja ,guidance means the ,revised ,sexual ,harassment ,guidance3 ,harassment of ,students by ,school ,employees1 ,other ,students1 or ,third ,parties1 issued ,january #ai1 #bjja1 by the ,office for ,civil ,rights of the ,department of ,education1 as in effect on ,january #a1 #bjag4 7#b7 ,the term #bjaa ,,dcl means the ,dear ,colleague letter issued ,april #d1 #bjaa1 by the ,office for ,civil ,rights of the ,department of ,education1 as in effect on ,january #a1 #bjag4 7#c7 ,the term #bjad ,q,a means the ,questions and ,answers on ,title ,,ix and ,sexual ,violence issued ,april #bi1 #bjad1 by the ,office for ,civil ,rights of the ,department of ,education1 as in effect on ,january #a1 #bjag4 7#d7 ,the term sexual harassment means unwanted conduct of a sexual nature1 including sexual violence and gender-based violence1 and includes the meaning given to the term sexual harassment in the #bjja ,guidance1 which includes unwelcome sexual advances1 requests for sexual favors1 and other verbal1 nonverbal1 or physical conduct of a sexual nature4 7#e7 ,the term sexual violence means rape1 sexual assault1 sexual battery1 and sexual coercion1 and refers to the definition in the #bjaa ,,dcl4 #d4 ,codification amendment ,section #bjc of the ,department of ,education ,organization ,act 7#bj ,u4,s4,c4 #cdac7 is amended by adding at the end the following3 7d7 ,recipients of ,federal financial assistance shall comply with the following procedural requirements to respond to sexual harassment1 including sexual violence1 in order to prevent and effectively respond to sex discrimination in alignment with title ,,ix of the ,education ,amendments of #aigb4 ,specifically1 a recipient shall do all of the following3 7#a7 ,disseminate a notice of nondiscrimination on the basis of sex4 7#b7 ,designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under title ,,ix4 ,the school shall notify all students and employees of the name1 office address1 telephone number1 and email address of all such designated employees4 7#c7 ,adopt and publish grievance procedures providing for prompt and equitable resolution of student and employee sex discrimination complaints4 ,grievance procedures may include voluntary informal mechanisms 7e4g41 mediation7 for resolving some types of sexual harassment complaints1 however1 a student who complains of harassment shall not be required to work out the problem directly with the alleged perpetrator via mediation1 especially without appropriate involvement by the school 7e4g41 participation by a trained counselor1 a trained mediator1 or1 if appropriate1 a teacher or administrator74 7#d7 ,notify the complainant of the right to end the informal process at any time and begin the formal stage of the complaint process4 ,mediation and informal resolution are options for resolving some types of sexual harassment complaints1 so long as the school completes its investigative requirements if one of these options is employed4 ,mediation shall not be used to resolve complaints involving allegations of sexual violence4 7#e7 ,require a school to address sexual harassment1 including sexual violence1 about which a responsible school employee knew or should have known4 ,a responsible employee includes any employee who has the authority to take action to redress sexual harassment1 who has been given the duty of reporting incidents of sexual harassment or any other misconduct to the title ,,ix coordinator or other appropriate school designee1 or whom a student could reasonably believe has the authority or duty4 7#f7 ,require that if a school knows or reasonably should know about sexual harassment that creates a hostile environment1 the school shall take immediate action to eliminate the harassment1 prevent its recurrence1 and address its effects4 ,sexual harassment creates a hostile environment if the conduct is sufficiently serious that it interferes with or limits a student's ability to participate in or benefit from the school's program4 ,the more severe the conduct1 the less need there is to show a repetitive series of incidents to prove a hostile environment1 particularly if the harassment is physical4 ,a single or isolated incident of sexual harassment may create a hostile environment if the incident is sufficiently severe4 ,for instance1 a single instance of rape is sufficiently severe to create a hostile environment4 7#g7 ,require a school to process all complaints of sexual violence1 regardless of where the conduct occurred1 to determine whether the conduct occurred in the context of an education program or activity or had continuing effects on campus or in an off-campus education program or activity4 ,a school's title ,,ix investigation is different from any law enforcement investigation1 and a law enforcement investigation does not relieve the school of its independent title ,,ix obligation to investigate the conduct4 ,a school shall take steps to ensure the investigation is impartial4 ,any real or perceived conflict of interest between the investigator and the parties involved shall be disclosed4 7#h7 ,require a school to use a preponderance of the evidence standard 7i4e41 it is more likely than not that sexual harassment or violence occurred7 in its grievance procedures to be consistent with title ,,ix standards4 7#i7 ,require that throughout the investigation1 the parties shall have an equal opportunity to present relevant witnesses and other evidence4 7#aj7 ,require that the complainant and respondent be afforded similar and timely access to any information that will be used at the hearing4 7#aa7 ,require that if the school allows one party to be present for the entirety of a hearing1 it shall do so equally for both parties4 ,when requested1 a school shall make arrangements so that the complainant and the alleged perpetrator do not have to be present in the same room at the same time 7e4g41 using closed-circuit television74 ,if a hearing is part of the school's title ,,ix investigation process1 the school shall not require a complainant to be present at the hearing as a prerequisite to proceed with the hearing4 7#ab7 ,require that all persons involved in implementing a school's grievance procedures 7e4g41 title ,,ix coordinators1 investigators1 and adjudicators7 have training or experience in handling complaints of sexual harassment and sexual violence and in the school's grievance procedures4 7#ac7 ,require that if an appeal of findings or remedy is provided by a school1 it shall be provided to both parties4 7#ad7 ,require schools to maintain documentation of all proceedings1 which may include written findings of facts1 transcripts1 or audio recordings4 7#ae7 ,not require schools to permit parties to have lawyers at any stage of the grievance proceedings1 but if a school chooses to allow the parties to have their lawyers participate in the proceedings1 it shall do so equally for both parties4 ,any school-imposed restrictions on the ability of lawyers to speak or otherwise participate in the proceedings shall apply equally to both parties4 7#af7 ,require schools not to allow the parties to personally question or cross-examine each other during the hearing as allowing an alleged perpetrator to question an alleged victim directly may be traumatic or intimidating1 thereby possibly escalating or perpetuating a hostile environment4 ,a school may choose1 instead1 to allow the parties to submit questions to a trained third party 7e4g41 the hearing panel7 to ask the questions it deems appropriate and relevant on their behalf1 except that questioning about the complainant's sexual history1 with anyone other than the respondent1 shall not be permitted4 ,a school should recognize that the mere fact of a current or previous consensual dating or sexual relationship between the two parties does not itself imply consent or preclude a finding of sexual violence4 7#ag7 ,advise that a school may provide advisors for both the complainant and the respondent4 ,if a school provides an advisor1 it shall do so for both parties1 with the same information available to both advisors4 7#ah7 ,require schools to inform and obtain consent from the complainant 7or the complainant's parents if the complainant is under #ah and does not attend a postsecondary institution7 before beginning an investigation4 7#ai7 ,require that if the complainant requests confidentiality1 or asks that the complaint not be pursued1 the school shall take all reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality or request not to pursue an investigation4 ,if a complainant insists that the complainant's name or other identifiable information not be disclosed to the alleged perpetrator1 the school shall inform the complainant that its ability to respond may be limited4 ,even if the school cannot take disciplinary action against the alleged harasser because the complainant insists on confidentiality1 it shall pursue other steps to limit the effects of the alleged harassment and prevent its recurrence4 ,schools shall refer to the #bjja ,guidance for additional information on confidentiality and the alleged perpetrator's due process rights4 ,if the complainant continues to ask that the complainant's name or other identifiable information not be revealed1 the school shall evaluate that request in the context of its responsibility to provide a safe and nondiscriminatory environment for all students4 ,specifically1 the school may weigh the request for confidentiality against all of the following factors3 7,a7 ,the seriousness of the alleged harassment4 7,b7 ,the complainant's age4 7,c7 ,whether there have been other harassment complaints about the same individual4 7,d7 ,the alleged harasser's rights to receive information about the allegations if the information is maintained by the school as an education record under the ,family ,educational ,rights and ,privacy ,act 7,,ferpa7 7#bj ,u4,s4,c4 #abcb;g74 7#bj7 ,require that if the alleged harasser may have a right under ,,ferpa to inspect and review portions of the complaint that directly relate to the complainant1 the school shall redact the complainant's name and other identifying information before allowing the alleged harasser to inspect and review the sections of the complaint that relate to the complainant4 ,in some cases1 such as those where the school is required to report the incident to local law enforcement or other officials1 the school may not be able to maintain the complainant's confidentiality4 7#ba7 ,require that the school shall inform the complainant if it cannot ensure confidentiality prior to disclosing the complainant's identity4 7#bb7 ,require that grievance procedures specify the timeframe within which-- 7,a7 the school will conduct a full investigation of the complaint2 7,b7 both parties receive a response regarding the outcome of the complaint2 and 7,c7 both parties may file an appeal1 if applicable4 7#bc7 ,advise that an investigation should conclude approximately in the #fj-;calendar-day timeframe for investigations following receipt of the complaint1 depending on the complexity of the investigation and the severity and extent of the harassment1 except in cases-- 7,a7 involving multiple incidents with multiple complainants2 or 7,b7 where there is a parallel criminal investigation4 ,although a school may need to delay temporarily the fact-finding portion of a title ,,ix investigation while the police are gathering evidence1 it shall promptly resume and complete its fact-finding for the title ,,ix investigation once it learns that the police department has completed its evidence-gathering stage of the criminal investigation4 ,the school should not delay its investigation until the ultimate outcome of the criminal investigation or the filing of any charges4 ,where a school may need to stop an investigation during school breaks or between school years1 a school shall make every effort to try to conduct an investigation during these breaks unless so doing would sacrifice witness availability or otherwise compromise the process4 7#bd7 ,both parties shall be given periodic status updates during throughout the grievance process4 7#be7 ,require that schools notify both parties1 in writing1 about the outcome of both the complaint and any appeal4 ,a school shall provide written notice of the outcome to the complainant and the respondent concurrently4 ,a school shall inform the complainant as to whether or not it found that the alleged conduct occurred1 any individual remedies offered or provided to the complainant1 or any sanctions imposed on the perpetrator that directly relate to the complainant1 and other steps the school has taken to eliminate the hostile environment1 if the school finds one to exist1 and prevent recurrence4 ,sanctions that directly relate to the complainant include1 but are not limited to1 requiring that the perpetrator stay away from the complainant until both parties graduate1 prohibiting the perpetrator from attending school for a period of time1 or transferring the perpetrator to another residence hall1 other classes1 or another school4 ,the perpetrator shall not be notified of the individual remedies offered or provided to the complainant4 7#bf7 ,in addition1 the ,clery ,act requires1 and ,,ferpa permits1 postsecondary institutions to inform the complainant of the institution's final determination and any disciplinary sanctions imposed on the perpetrator in sexual violence cases1 not just those sanctions that directly relate to the complainant4 7#bg7 ,require that if a school determines that sexual harassment that creates a hostile environment has occurred1 it shall take immediate action to eliminate the hostile environment1 prevent its recurrence1 and address its effects4 ,when a school knows or reasonably should know of possible retaliation by other students or third parties1 it shall take immediate and appropriate steps to investigate or otherwise determine what occurred4 ,a school shall also take steps to protect the complainant as necessary1 including taking interim steps before the final outcome of the investigation4 ,the school shall undertake these steps promptly once it has notice of a sexual harassment or violence allegation4 ,the school shall notify the complainant of the complainant's options to avoid contact with the alleged perpetrator and allow students to change academic or living situations as appropriate4 7#bh7 ,when taking steps to separate the complainant and alleged perpetrator1 a school shall minimize the burden on the complainant1 and thus shall not1 as a matter of course1 remove complainants from classes or housing while allowing alleged perpetrators to remain4 7#bi7 ,in addition1 schools shall ensure that complainants are aware of their title ,,ix rights and any available resources1 such as counseling1 health1 and mental health services1 and their right to file a complaint with local law enforcement4 7#cj7 ,if a school determines that it needs to offer counseling to the complainant as part of its title ,,ix obligation to take steps to protect the complainant while the investigation is ongoing1 it shall not require the complainant to pay for this service4 7e7 ,for purposes of this section3 7#a7 ,the term #bjja ,guidance means the ,revised ,sexual ,harassment ,guidance3 ,harassment of ,students by ,school ,employees1 ,other ,students1 or ,third ,parties1 issued ,january #ai1 #bjja1 by the ,office for ,civil ,rights of the ,department of ,education1 as in effect on ,january #a1 #bjag4 7#b7 ,the term #bjaa ,,dcl means the ,dear ,colleague letter issued ,april #d1 #bjaa1 by the ,office for ,civil ,rights of the ,department of ,education1 as in effect on ,january #a1 #bjag4 7#c7 ,the term #bjad ,q,a means the ,questions and ,answers on ,title ,,ix and ,sexual ,violence issued ,april #bi1 #bjad1 by the ,office for ,civil ,rights of the ,department of ,education1 as in effect on ,january #a1 #bjag4 7#d7 ,the term sexual harassment means unwanted conduct of a sexual nature1 including sexual violence and gender-based violence1 and includes the meaning given to the term sexual harassment in the #bjja ,guidance1 which includes unwelcome sexual advances1 requests for sexual favors1 and other verbal1 nonverbal1 or physical conduct of a sexual nature4 7#e7 ,the term sexual violence means rape1 sexual assault1 sexual battery1 and sexual coercion1 and refers to the definition in the #bjaa ,,dcl4 7#f7 ,the term #fj-;calendar-day timeframe for investigations has the meaning given such term in the #bjad ,q,a and includes the entire investigation process1 which includes conducting the fact-finding investigation1 holding a hearing or engaging in another decisionmaking process to determine whether the alleged sexual violence occurred and created a hostile environment1 and determining what actions the school will take to eliminate the hostile environment and prevent its recurrence1 including imposing sanctions against the perpetrator and providing remedies for the complainant and school community1 as appropriate4 ,such term does not include appeals1 but an unduly long appeals process may impact whether the school's response was prompt and equitable as required by title ,,ix4 7#g7 ,the term advisor has the meaning given such term in section #cjd7e77;iv77,,ii7 of the ,violence ,against ,women ,reauthorization ,act of #bjac 7,public ,law #aac-d74 4