,i #aafth ,,congress #b;d ,session ,h4 ,r4 #haic ,,in ,,the ,,house ,,of ,,representatives ,september #h1 #bjbj,ms4 ,meng 7for herself1 ,ms4 ,escobar1 ,ms4 ,norton1 ,mr4 ,casten of ,illinois1 ,ms4 ,lee of ,california1 ,mr4 ,serrano1 ,mr4 ,kennedy1 ,mrs4 ,napolitano1 ,mr4 ,cuellar1 ,mr4 ,garca of ,illinois1 ,ms4 ,kuster of ,new ,hampshire1 ,mr4 ,suozzi1 ,mr4 ,cooper1 ,mr4 ,hastings1 ,mr4 ,lynch1 ,mr4 ,khanna1 ,mrs4 ,lawrence1 ,mr4 ,carson of ,indiana1 ,ms4 ,frankel1 and ,mrs4 ,hayes7 introduced the following bill2 which was referred to the ,committee on ,education and ,labor ,a ,,bill ,to require the ,secretary of ,education to ensure that local educational agencies establish full-time title ,,ix coordinators to improve oversight1 data collection on sexual harassment1 student survivor support1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,supporting ,survivors of ,sexual ,harassment in ,schools ,act of #bjbj4 #b4 ,findings ,the ,congress finds the following3 7#a7 ,title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq47 7in this ,act referred to as title ,,ix7 mandates that no individual in the ,united ,states shall be excluded on the basis of sex from participation in1 be denied the benefits of1 or be subjected to discrimination under any education program or activity that receives ,federal financial assistance4 7#b7 ,although title ,,ix protects against sexual and sex-based harassment and violence1 sexual assaults in ,k-#ab schools and institutions of higher education remain a pervasive problem4 7#c7 ,peer sexual harassment is a significant social problem with consequences for both students and schools4 ,four out of #e students report experiencing sexual harassment4 ,these experiences have been linked to poor psychological health and academic withdrawal4 7#d7 ,many school districts have only a part-time1 single title ,,ix coordinator at the local educational agency level to oversee principals1 school-site specific title ,,ix coordinators1 staff1 and the safety of thousands of students4 7#e7 ,although educational institutions have a legal responsibility to enforce1 monitor1 and respond to sexual harassment and assault1 far more students experience sexual harassment than schools report4 #c4 ,definitions ,in this ,act3 7#a7 ,secretary ,the term ,secretary means the ,secretary of ,education4 7#b7 ,full-time local educational agency title ,,ix coordinator ,the term full-time local educational agency title ,,ix coordinator means an individual who is acting as an employee of the local educational agency1 or who is paid by an entity contracting with the local educational agency and acting on behalf of the local educational agency-- 7,a7 with an average work period of #dj hours per week1 #afj hours per month1 or full time as defined by ,state regulations2 and 7,b7 accountable to fulfill the title ,,ix coordinator requirements under ,federal1 ,state1 and local laws and policy4 7#c7 ,title ,,ix coordinator ,the term title ,,ix coordinator means a responsible employee1 as described in section #ajf4h7;a7 of title #cd1 ,code of ,federal ,regulations1 designated to coordinate efforts under title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq474 7#d7 ,local educational agency ,the term local educational agency has the meaning given the term in section #haja7cj7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja7cj774 7#e7 ,sexual harassment ,the term sexual harassment means any unwelcome conduct of a sexual nature1 regardless of whether it is direct or indirect1 or verbal or nonverbal 7including conduct that is undertaken in whole or in part1 through the use of electronic messaging services1 commercial mobile services1 electronic communications1 or other technology71 that unreasonably alters an individual's terms1 conditions1 benefits1 or privileges of an educational program or activity1 including by creating an intimidating1 hostile1 or offensive environment1 which takes the form of-- 7,a7 a sexual advance2 7,b7 a request for sexual favors2 7,c7 a sexual act1 where such submission is made either explicitly or implicitly a term or condition of a program or activity at a school or school activity1 regardless of a student's submission to or rejection of such sexual act2 7,d7 a sexual act1 where such submission or rejection is used as the basis for a decision affecting a term or condition of a program or activity at a school or school activity1 regardless of a student's submission to or rejection of such sexual act2 7,e7 other conduct of a sexual nature2 or 7,f7 domestic violence1 intimate partner violence 7dating violence71 and sex-based stalking4 #d4 ,purposes ,the purposes of this ,act are to-- 7#a7 support local educational agencies to ensure that title ,,ix coordinators at the local educational agency level and at the school level have the support to fully carry out their roles and responsibilities2 7#b7 identify that sexual harassment1 including stalking and dating violence1 is a pervasive problem in ,k-#ab schools and requires increased attention2 7#c7 protect students1 teachers1 and administrative staff from inconsistent policies and protocol2 7#d7 identify1 implement1 and disseminate best practices for reducing and preventing sex discrimination in ,k-#ab schools2 7#e7 increase safety standards in schools to ensure that sexual harassment does not compromise students' access to education2 7#f7 collect data on prevalence1 impact of1 and response to sexual harassment in education2 and 7#g7 protect students who come forward to report sexual harassment4 #e4 ,support for title ,,ix coordinators2 collection of data 7a7 ,issuance of ,rules ,the ,secretary shall issue rules necessary to ensure that there is not less than #a full-time title ,,ix coordinator for each local educational agency that receives funds under title ,v of the ,elementary and ,secondary ,education ,act of #aife and that serves #aj1jjj or more students4 7b7 ,civil rights data collection ,the ,secretary shall collect and publish within the ,civil ,rights ,data ,collection1 in addition to data already collected and in accordance to ,family ,educational ,rights and ,privacy ,act 7,,ferpa7-- 7#a7 the full-time and part-time employment of title ,,ix coordinators for each local educational agency2 and 7#b7 specific data under ,offenses3 ,sexual ,violence1 cross-tabulated and disaggregated by sex1 disability1 and race1 color1 or nationality-- 7,a7 number of reported incidents of sexual harassment1 dating violence1 stalking1 rape1 attempted rape1 and sexual assault 7other than rape71 that alleged to have occurred at the school or school activity1 committed by a student2 7,b7 number of reported incidents of sexual harassment1 dating violence1 stalking1 rape1 attempted rape1 and sexual assault 7other than rape71 that alleged to have occurred at the school or school activity1 committed by a school staff member2 7,c7 number of reports of sexual harassment1 dating violence1 stalking1 rape1 attempted rape1 and sexual assault 7other than rape7 committed by a student that resulted in a finding that a student was responsible for the offense or not responsible for the offense2 7,d7 number of reports of sexual harassment1 dating violence1 stalking1 rape1 attempted rape1 and sexual assault 7other than rape71 against a school staff member that were followed by a resignation or retirement prior to final discipline or termination2 7,e7 number of reports of sexual harassment1 dating violence1 stalking1 rape1 attempted rape1 and sexual assault 7other than rape71 that occurred at the school or school activity1 against a school staff member that were followed by a determination that the school staff member was responsible or not responsible for the offense2 7,f7 number of reports of sexual harassment1 dating violence1 stalking1 rape1 attempted rape1 and sexual assault 7other than rape71 that occurred at the school or school activity1 against a school staff member that had a determination that remained pending2 7,g7 number of reports of sexual harassment1 dating violence1 stalking1 rape1 attempted rape1 and sexual assault 7other than rape71 that occurred at the school or school activity1 against a school staff member that were followed by a duty reassignment prior to final discipline or termination2 7,h7 the median length of the complaint process from the filing of a report1 to the end of the appeals process2 and 7,i7 the number of students who took leaves of absences1 transferred schools1 or dropped out within a year after reporting sexual harassment1 dating violence1 stalking1 rape1 attempted rape1 and sexual assault 7other than rape7 to the school4 7c7 ,climate surveys 7#a7 ,beginning #ah months after the date of enactment of the ,supporting ,survivors of ,sexual ,harassment in ,schools ,act1 the full-time local educational agency title ,,ix coordinator shall develop and collect anonymous climate survey data based on paragraph 7#b71 cross-tabulated and disaggregated by sex 7including sexual orientation1 gender identity1 and pregnancy71 disability1 and race1 color or national origin1 in accordance to ,family ,educational ,rights and ,privacy ,act 7,,ferpa7 and except in circumstances where small population sizes would mean collection of this data compromises anonymity1 from each school community1 including students1 parents1 and staff1 and conducted not later than one year after such date of enactment1 and conducted1 reviewed1 and updated annually4 7#b7 ,the full-time local educational agency title ,,ix coordinator shall collect and submit to the ,department anonymous climate survey data cross-tabulated and disaggregated by sex 7including sexual orientation1 gender identity1 and pregnancy71 disability1 and race1 color or national origin1 in accordance to ,family ,educational ,rights and ,privacy ,act 7,,ferpa7 and except in circumstances where small population sizes would mean collection of this data compromises anonymity1 that includes-- 7,a7 the reported incidence and prevalence of experiences of sexual harassment1 sexual violence1 dating violence1 domestic violence1 and stalking2 7,b7 the rate in which the perpetrator was a student1 staff1 or teacher and other contextual factors2 7,c7 whether students report that they know about institutional policies and procedures1 such as the identity of the title ,,ix coordinator1 the location of title ,,ix resources1 including resources on sexual harassment1 gender-based harassment and violence1 and definitions of sexual misconduct2 7,d7 if students indicate they have reported gender-based harassment and violence1 the role of the people to whom they reported2 7,e7 types of disciplinary action and the rate of disciplinary action taken against the complainant and_/or the respondent related to the report of gender-based harassment2 7,f7 the types of accommodations and supports students who indicate they have reported gender-based harassment report having received1 such as counseling1 medical services1 or class scheduling changes2 7,g7 any reported short-term or long-term impacts on physical or mental health from students who have experienced gender-based violence or harassment2 7,h7 the frequency at which complainants request to drop classes1 take a leave of absence from school1 or leave the institution permanently2 7,i7 school community members' attitudes toward gender-based violence and harassment1 including individuals' willingness to intervene as a bystander2 and 7,j7 school community members' perception of campus safety and confidence in the institution's ability to appropriately address gender-based violence and harassment4 7d7 ,guidance ,the ,secretary must provide guidance to ,l,e,as and full-time local educational agency title ,,ix coordinators on how to implement the climate survey4 7e7 ,report ,the ,department must publish an annual report on climate survey data findings from subsection 7b7 on the ,department website4 ,the annual report shall include national1 ,state1 and district-level data1 cross-tabulated and disaggregated by sex 7including sexual orientation1 gender identity1 and pregnancy71 disability1 race1 color1 or national origin in accordance to ,family ,educational ,rights and ,privacy ,act 7,,ferpa71 on the following3 7#a7 ,the incidence and prevalence of sexual harassment1 sexual violence1 dating violence1 domestic violence1 and stalking4 7#b7 ,the rate of incidences of when the perpetrator was a student and other contextual factors1 such as whether force1 incapacitation1 or coercion was involved4 7#c7 ,the percentage of students who know about institutional policies and procedures1 such as the identity of the title ,,ix coordinator1 the location of title ,,ix resources1 and definitions of sexual misconduct4 7#d7 ,the type of roles of the people to whom incidences of sexual harassment were most commonly reported4 7#e7 ,the types and prevalence of accommodations and supports provided to survivors1 such as counseling1 medical services1 or class scheduling changes4 7#f7 ,the estimated cost and_/or impact of violence on survivors1 such as costs associated with counseling1 medical services1 or class scheduling changes4 7#g7 ,the frequency at which complainants request to drop classes1 take a leave of absence from school1 or leave the institution permanently4 7#h7 ,types of long-term impacts on the survivor's health1 such as disabilities that may have resulted from experiencing gender-based violence or harassment4 7#i7 ,school community attitudes toward gender-based violence and harassment1 including individuals' willingness to intervene as a bystander4 7#aj7 ,school community members' perception of campus safety and confidence in the institution's ability to appropriately address gender-based violence and harassment4 7f7 ,best practices ,in addition to the data listed in subsection 7e71 the report shall include information on best practices4 #f4 ,disclosure and use of data ,the ,secretary shall make the data described in section #f for each year publicly available on the website of the ,department of ,education and through any other appropriate method1 in a timely and user-friendly manner1 and accessible and usable by individuals with disabilities4 #g4 ,support for student survivors 7a7 ,notification ,the ,secretary shall require school-level title ,,ix coordinators and school administrators1 upon becoming aware of sexual harassment1 to notify the complainant in writing and orally1 about available assistance to support the complainant of sexual harassment and ensure their continued and equal access to education1 regardless of the location of the harassment1 including-- 7#a7 academic adjustment or other accommodations1 such as adapting course schedules1 assignments1 or tests1 issuing no-contact orders1 or taking other measures to separate the complainant and the respondent that minimize the burden on the complainant2 7#b7 information about and access to support services for the complainant1 such as counseling1 mental health and other health services1 and disability accommodations2 7#c7 providing increased monitoring or supervision at locations or activities where the misconduct occurred or may have occurred2 and 7#d7 reasonable accommodations for complainants and respondents with disabilities1 consistent with laws that protect students with disabilities1 including ,section #ejd of the ,rehabilitation ,act of #aigc 7,section #ejd71 the ,americans with ,disabilities ,act 7,,ada71 and the ,individuals with ,disabilities ,education ,act 7,,idea74 7b7 ,guidance ,working in collaboration with the full-time coordinator1 the local educational agency title ,,ix must issue guidance to schools1 students1 and parents 7including guardians7 to explicitly protect students from punishment or retaliation when making reports of sexual harassment4 ,such guidance must apply to all reports of harassment1 including in the context of a same-sex relationship or encounter1 and ensure that for all reports of sexual harassment-- 7#a7 the school will not take disciplinary action against individuals1 including witnesses1 disclosing code-of-conduct offenses that are related to the assault1 including1 but not limited to1 the use of intoxicating substances occurring at or around the time of a reported incident1 reasonable actions taken to defend against harassment1 or actions taken to avoid seeing the respondent at school2 7#b7 if a school's code-of-conduct prohibits sexual activity 7or certain forms of sexual activity71 the school will not take disciplinary action against individuals disclosing in good faith 7including witnesses7 non-harassing sexual activity related to the reported incident1 or for other non-harassing sexual activity discovered during an investigation into the reported incident2 and 7#c7 the full-time local educational agency title ,,ix coordinator shall review disciplinary actions related to a complaint of harassment to ensure that disciplinary action was not taken against a complainant for engaging in action taken as a result of the sexual harassment4 #h4 ,rule of construction ,nothing in this ,act shall be construed-- 7#a7 to modify any provision of title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq472 or 7#b7 to affect the enforcement of such title by the ,department of ,education1 the ,department of ,justice1 or any other ,federal entity4