,,ii #aafth ,,congress #ast ,session ,s4 #igf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #a1 #bjai,mrs4 ,gillibrand 7for herself1 ,mr4 ,grassley1 ,ms4 ,ernst1 ,mr4 ,rubio1 ,mrs4 ,capito1 ,mr4 ,blumenthal1 ,ms4 ,hassan1 ,mr4 ,reed1 ,mr4 ,warner1 and ,mrs4 ,shaheen7 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 and the ,jeanne ,clery ,disclosure of ,campus ,security ,policy and ,campus ,crime ,statistics ,act to combat campus sexual assault1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,campus ,accountability and ,safety ,act4 #b4 ,amendments to the ,clery ,act ,section #dhe7;f7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajib7;f77 7known as the ,jeanne ,clery ,disclosure of ,campus ,security ,policy and ,campus ,crime ,statistics ,act7 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by inserting which shall include1 at a minimum1 publication in an easily accessible manner on the website of the institution1 after through appropriate publications or mailings12 7,b7 in subparagraph 7,c71 by striking clause 7ii7 and inserting the following3 7ii7 the memorandum of understanding between the institution and law enforcement pursuant to section #abd 7or1 if such requirement has been waived1 a description of the working relationship between the institution1 campus security personnel1 or campus law enforcement and ,state or local law enforcement agencies72 and 2 7,c7 in subparagraph 7,f7-- 7i7 in clause 7i7-- 7,i7 by redesignating subclauses 7,,iii7 through 7,,ix7 as subclauses 7,,vi7 through 7,,xii72 and 7,,ii7 by striking subclause 7,,ii7 and inserting the following3 7,,ii7 rape2 7,,iii7 fondling2 7,,iv7 incest2 7,v7 statutory rape2 2 and 7ii7 in clause 7ii71 by striking subclauses 7,i7 through 7,,viii7 of clause 7i7 and inserting subclauses 7,i7 through 7,,xi7 of clause 7i72 and 7,d7 by adding at the end the following3 7,k7 7i7 ,with respect to the criminal activity described in subclauses 7,,ii7 and 7,,iii7 of subparagraph 7,f77i71 the eligible institution shall prepare for the annual security report that is due following #a year after the date of enactment of the ,campus ,accountability and ,safety ,act1 and annually thereafter1 the following additions3 7,i7 ,the number of such incidents where the accused individual is a student at the institution4 7,,ii7 ,of the incidents described in subclause 7,i71 the number of such incidents that were reported to the title ,,ix coordinator 7as defined in section #abe7;a77 or other higher education responsible employee 7as defined in section #abe7;a77 of the institution4 7,,iii7 ,of the incidents described in subclause 7,,ii71 the number of victims who sought campus disciplinary action at the institution4 7,,iv7 ,of the victims described in subclause 7,,iii71 the number of cases processed through the student disciplinary process of the institution4 7,v7 ,of the cases described in subclause 7,,iv71 the number of accused individuals who were found responsible through the student disciplinary process of the institution4 7,,vi7 ,of the cases described in subclause 7,,iv71 the number of accused individuals who were found not responsible through the student disciplinary process of the institution4 7,,vii7 ,a description of the final sanctions imposed by the institution for each incident for which an accused individual was found responsible through the student disciplinary process of the institution1 if such description will not reveal personally identifiable information about an individual student4 7,,viii7 ,the number of student disciplinary proceedings at the institution that have closed without resolution since the previous annual security report due to withdrawal from the institution of higher education by the accused student pending resolution of the student disciplinary proceeding4 7ii7 ,the ,secretary shall provide technical assistance to eligible institutions to assist such institutions in meeting the requirements of this subparagraph4 2 7#b7 by striking paragraph 7#g7 and inserting the following3 7#g7 ,the statistics described in clauses 7i7 and 7ii7 of paragraph 7#a77;,f7-- 7,a7 shall not identify victims of crimes or persons accused of crimes2 and 7,b7 shall be compiled in accordance with the following definitions3 7i7 ,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;a774 7ii7 ,for the offense of rape1 such statistics shall be compiled in accordance with the definition used in the ,summary ,reporting ,system of the ,uniform ,crime ,reporting ,program of the ,department of ,justice1 ,federal ,bureau of ,investigation4 7iii7 ,for the offenses of fondling1 incest1 and statutory rape1 such statistics shall be compiled in accordance with the definition used in the ,national ,incident ,based ,reporting ,system4 7iv7 ,for offenses not described in clause 7i71 7ii71 or 7iii71 such statistics shall be compiled in accordance with the ,uniform ,crime ,reporting ,program of the ,department of ,justice1 ,federal ,bureau of ,investigation1 and the modifications to such definitions as implemented pursuant to the ,hate ,crime ,statistics ,act 7#bh ,u4,s4,c4 #ecd note74 2 7#c7 in paragraph 7#h77;,b7-- 7,a7 in clause 7i7-- 7i7 in the matter preceding subclause 7,i71 by inserting 1 developed in consultation with local1 ,state1 or national sexual assault1 dating violence1 domestic violence1 and stalking victim advocacy1 victim services1 or prevention organizations1 and local law enforcement1 after ,education programs2 and 7ii7 in subclause 7,i77aa71 by inserting 1 including the fact that these are crimes for the purposes of this subsection and reporting under this subsection1 and the institution of higher education will1 based on the victim's wishes1 cooperate with local law enforcement with respect to any alleged criminal offenses involving students or employees of the institution of higher education after stalking2 and 7,b7 in clause 7iv7-- 7i7 by redesignating subclauses 7,,ii7 and 7,,iii7 as subclauses 7,,iii7 and 7,,iv71 respectively2 7ii7 by inserting after subclause 7,i7 the following3 7,,ii7 the institution will comply with the requirements of section #abe7;b71 and shall include a description of such requirements2 2 and 7iii7 in subclause 7,,iv71 as redesignated by clause 7i7-- 7,i7 in item 7aa71 by inserting 1 within #e days of such determination after sexual assault1 or stalking2 7,,ii7 in item 7bb71 by inserting simultaneously with the notification of the outcome described in item 7aa71 before the institution's2 7,,iii7 in item 7cc71 by inserting within #e days of such change after results become final2 and 7,,iv7 in item 7dd71 by inserting within #e days of such determination after results become final2 7#d7 by redesignating paragraph 7#ah7 as paragraph 7#bb72 and 7#e7 by inserting after paragraph 7#ag7 the following3 7#ah7 ,each individual at an institution of higher education who is designated as a higher education responsible employee 7as defined in section #abe7;a77 shall be considered a campus security authority1 as defined in section #ffh4df7;a7 of title #cd1 ,code of ,federal ,regulations4 7#ai7 7,a7 ,the ,secretary shall1 in consultation with the ,attorney ,general1 develop1 design1 and make available through a secure online portal1 a standardized online survey tool regarding student experiences with domestic violence1 dating violence1 sexual assault1 and stalking4 ,the ,secretary shall develop such survey tool using best practices from peer-reviewed research measuring domestic violence1 dating violence1 sexual assault1 and stalking4 ,the ,secretary shall consult with the higher education community and experts in survey research related to domestic violence1 dating violence1 sexual assault1 and stalking regarding the development and design of such survey tool and the methodology for administration of such survey tool4 ,the survey shall be fair and unbiased1 scientifically valid and reliable1 and meet the highest standards of survey research4 ,survey questions shall be designed to gather information on student experiences with domestic violence1 dating violence1 sexual assault1 and stalking1 including the experiences of victims of such incidents1 and shall therefore use trauma-informed language to prevent retraumatization4 7,b7 ,each institution shall administer the survey described in subparagraph 7,a7 every #b years4 ,in addition to the standardized questions developed by the ,secretary1 institutions may request additional information from students that would increase the institutions' understanding of school climate factors unique to their campuses4 7,c7 ,the ,secretary1 in consultation with the ,attorney ,general1 shall develop a mechanism by which institutions of higher education may administer the survey described in subparagraph 7,a7 through a ,federal source4 7,d7 ,the ,secretary shall require each institution participating in any program under this title to ensure that an adequate1 random1 and representative sample size of students 7as determined by the ,secretary7 enrolled at the institution complete the survey described in subparagraph 7,a7 in accordance with this paragraph and beginning not later than #a year after the date of enactment of the ,campus ,accountability and ,safety ,act4 7,e7 ,responses to the survey shall be submitted confidentially and shall not be included in crime statistics reported under this subsection4 ,reporting of survey data shall not include personally identifiable information4 7,f7 ,the survey described in subparagraph 7,a7 shall include the following3 7i7 ,questions designed to determine the incidence and prevalence of domestic violence1 dating violence1 sexual assault1 and stalking4 7ii7 ,questions regarding whether students know about institutional policies and procedures related to domestic violence1 dating violence1 sexual assault1 and stalking4 7iii7 ,questions designed to determine1 if victims reported domestic violence1 dating violence1 sexual assault1 or stalking-- 7,i7 to whom the incident was reported and what response the victim may have received2 and 7,,ii7 whether the victim was informed of1 or referred to1 national1 ,state1 local1 or on-campus resources4 7iv7 ,questions regarding contextual factors1 such as whether force1 incapacitation1 or coercion was involved4 7v7 ,questions to determine whether an accused individual was a student at the institution4 7vi7 ,questions to determine whether a victim reported an incident to ,state1 local1 or campus law enforcement4 7vii7 ,questions to determine why the victim chose to report or not report an incident to ,state1 local1 or campus law enforcement4 7viii7 ,other questions as determined by the ,secretary4 7,g7 ,beginning not later than #b years after the date of enactment of the ,campus ,accountability and ,safety ,act1 the ,secretary shall prepare a biennial report on the information gained from the survey under this paragraph and publish such report on the website of the ,department and submit such report to ,congress4 ,the report shall include campus-level data for each school and attributed by name of each campus in a manner that permits comparisons across schools and campuses4 7,h7 ,each institution subject to this subsection shall publish the campus-level results of the survey under this paragraph on the website of the institution and in the annual security report required under this subsection for the campuses affiliated with the institution4 7#bj7 ,notwithstanding any other provision of this ,act1 upon determination1 after reasonable notice and opportunity for a hearing1 that an eligible institution has violated or failed to carry out any provision of this subsection1 or agreement made to resolve a compliance review under this subsection1 or any regulation prescribed under this subsection1 the ,secretary may impose a civil penalty upon such institution not to exceed #aej1jjj1 which shall be adjusted for inflation annually1 for each violation or misrepresentation1 or per month a survey is not completed at the standard required4 ,the ,secretary shall use any such civil penalty funds to carry out the grant program established under section #h of the ,campus ,accountability and ,safety ,act4 4 #c4 ,coordination with local law enforcement 7a7 ,in general ,part ,b of title ,i of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajaa et seq47 is amended by adding at the end the following3 #abd4 ,coordination with local law enforcement 7a7 ,memoranda of understanding ,each institution of higher education that receives funds under this ,act1 shall enter into a memorandum of understanding with each law enforcement agency that has jurisdiction to report as a first responder to a campus of the institution1 noncampus building or property1 or public property 7as these terms are defined under section #dhe7;f77 7excluding a campus1 noncampus building or property1 or public property located outside the ,united ,states7 to clearly delineate responsibilities and share information1 in accordance with applicable ,federal confidentiality laws1 about domestic violence1 dating violence1 sexual assault1 and stalking occurring against students of the institution or against other individuals on the campus of the institution4 7b7 ,review ,each institution of higher education shall review the memorandum of understanding under this section with each law enforcement agency that has entered into such a memorandum of understanding every #b years4 ,as part of the review process1 the institution shall contact each law enforcement agency that has entered into a memorandum of understanding to discuss how changes in policies or procedures at either the institution of higher education or the law enforcement agency may impact the provisions of the memorandum of understanding4 ,if changes in policies or procedures are identified that impact the provisions of the memorandum of understanding1 the institution of higher education and the law enforcement agency shall update the memorandum of understanding as necessary4 7c7 ,contents ,each memorandum of understanding described under this section shall include-- 7#a7 delineation and sharing protocols of investigative responsibilities2 7#b7 protocols for investigations1 including standards for notification and communication and measures to promote evidence preservation2 7#c7 coordinated training and requirements on issues related to domestic violence1 dating violence1 sexual assault1 and stalking2 and 7#d7 a method of sharing information about specific crimes1 which may include a mechanism for sharing information anonymously1 that-- 7,a7 requires that the victim authorized or requested that such information be shared and is fully and accurately informed about what procedures shall occur if the information is shared2 and 7,b7 is carried out in a manner that is consistent with section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g7 7commonly referred to as the ,family ,educational ,rights and ,privacy ,act of #aigd74 7d7 ,penalty 7#a7 ,in general ,the ,secretary-- 7,a7 may impose a civil penalty of not more than #a percent of an institution's operating budget1 as defined by the ,secretary1 each year that the institution of higher education fails to carry out the requirements of this section1 by the date that is #a year after the date of enactment of the ,campus ,accountability and ,safety ,act2 and 7,b7 if the conditions described in paragraph 7#c7 have been met1 shall waive the penalty pursuant to such paragraph4 7#b7 ,distribution ,any civil monetary penalty or monetary settlement collected under this subsection shall be used to carry out the grant program established under section #cjd of the ,violence ,against ,women and ,department of ,justice ,reauthorization ,act of #bjje 7#db ,u4,s4,c4 #adjde;b74 7#c7 ,waiver 7,a7 ,in general ,if a local law enforcement agency refuses to enter into a memorandum of understanding under this section1 or will only commit to entering into a memorandum of understanding that1 if followed1 would cause the institution of higher education to be in violation of ,federal or ,state law1 the ,secretary shall waive the penalty if the ,secretary determines that the following conditions have been met-- 7i7 the institution has explained why the institution was unable to obtain an agreement2 7ii7 the institution has demonstrated that the institution acted in good faith2 and 7iii7 the institution has submitted to the ,secretary a copy of the institution's final proposed memorandum of understanding that was submitted to a law enforcement agency that was ultimately rejected4 7,b7 ,referral to department of justice ,the ,secretary shall refer to the ,attorney ,general a copy of each waiver granted under subparagraph 7,a7 and the reason 7as determined by the ,secretary7 for why local law enforcement refuses to enter into a memorandum of understanding4 7,c7 ,administrative review ,if the ,secretary does not grant a waiver under subparagraph 7,a71 the institution may submit additional information to receive such waiver4 ,if1 after submitting additional information1 the ,secretary still does not grant a waiver1 the decision of the ,secretary shall be subject to review pursuant to section #gjf7b77;,a7 of title #e1 ,united ,states ,code4 7#d7 ,voluntary resolution ,nothing in this subsection shall prevent the ,secretary from entering into a voluntary resolution with an institution of higher education that fails to carry out the requirements of this section1 by the date that is #a year after the date of enactment of the ,campus ,accountability and ,safety ,act4 7#e7 ,adjustment to penalties ,any civil penalty under this subsection may be reduced by the ,secretary4 ,in determining the amount of such penalty1 or the amount agreed upon in compromise1 the ,secretary shall consider the appropriateness of the penalty to the size of the operating budget of the educational institution subject to the determination1 the gravity of the violation or failure1 and whether the institution committed the violation or failure intentionally1 negligently1 or otherwise4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on the date that is #a year after the date of enactment of this ,act4 7c7 ,negotiated rulemaking ,the ,secretary of ,education shall establish regulations to carry out the provisions of this section and the amendment made by this section in accordance with the requirements described under section #dib of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajih;a74 #d4 ,university support for survivors of domestic violence1 dating violence1 sexual assault1 and stalking 7a7 ,in general ,part ,b of title ,i of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajaa et seq47 is further amended by adding after section #abd 7as added by section #c71 the following3 #abe4 ,university support for survivors of domestic violence1 dating violence1 sexual assault1 and stalking 7a7 ,definitions 7#a7 ,higher education responsible employee ,in this subsection1 the term higher education responsible employee means an employee of an institution of higher education who-- 7,a7 has the authority to take action to redress sexual harassment2 or 7,b7 has the duty to report sexual harassment or any other misconduct by students or employees to appropriate school officials4 7#b7 ,title ix coordinator ,in this subsection1 the term title ,,ix coordinator has the meaning given to the individual designated as a responsible employee in section #ajf4h7;a7 of title #cd1 ,code of ,federal ,regulations1 as such section is in effect on the date of enactment of the ,campus ,accountability and ,safety ,act4 7#c7 ,victim-centered1 trauma-informed interview techniques ,in this section1 the term victim-centered1 trauma-informed interview techniques means asking questions of an individual who reports that the individual has been a victim of domestic violence1 dating violence1 sexual assault1 or stalking1 in a manner that is focused on the experience of the victim1 that does not judge or blame the victim for the alleged assault1 and that is informed by evidence-based research on the neurobiology of trauma4 7b7 ,campus security policy ,each institution of higher education that receives funds under this ,act1 shall establish a campus security policy that includes the following3 7#a7 ,sexual assault response coordinators ,the designation of one or more sexual assault response coordinators at the institution to whom student victims of domestic violence1 dating violence1 sexual assault1 or stalking can report1 including anonymously1 which shall be part of a policy that complies with the following3 7,a7 ,the sexual assault response coordinator-- 7i7 shall not be an undergraduate student1 a full-time graduate student1 an employee designated as a higher education responsible employee1 or the title ,,ix coordinator2 7ii7 may have other roles at the institution2 7iii7 shall be appointed based on experience and a demonstrated ability of the individual to effectively provide victim services related to domestic violence1 dating violence1 sexual assault1 and stalking2 7iv7 shall report to an individual outside the body responsible for investigating and adjudicating complaints at the institution related to domestic violence1 dating violence1 sexual assault1 or stalking2 and 7v7 shall not serve as an advisor under section #dhe7;f77#h77;,b77iv77,,iii74 7,b7 ,the ,secretary shall designate categories of employees that may serve as sexual assault response coordinators1 such as health care staff1 clergy1 staff of a women's center1 or other such categories4 ,such designation shall not preclude the institution from designating other employees or partnering with national1 ,state1 or local victim services organizations to serve as sexual assault response coordinators or to serve in other confidential roles4 7,c7 ,the sexual assault response coordinator shall complete the training requirements described in paragraph 7#e7 and subparagraph 7,d7 within a reasonable time after being designated as a sexual assault response coordinator4 7,d7 ,the ,secretary shall develop online training materials1 in addition to the training required under paragraph 7#e71 not later than #a year after the date of enactment of the ,campus ,accountability and ,safety ,act1 for the training of sexual assault response coordinators4 7,e7 ,the sexual assault response coordinator shall inform the victim1 including in a written format-- 7i7 of the victim's rights under ,federal and ,state law2 7ii7 of the victim's rights and options pursuant to the policy that the institution of higher education has developed pursuant to clauses 7ii7 through 7vii7 of section #dhe7;f77#h77;,b72 7iii7 of the victim's reporting options1 including the option to notify a higher education responsible employee1 the option to notify local law enforcement1 and any other reporting options2 7iv7 a description of the process of investigation and any disciplinary proceeding of the institution that may follow notification of a higher education responsible employee2 7v7 a description of the process of investigation and adjudication of the criminal justice system that may follow notification of law enforcement2 7vi7 a description of the jurisdiction1 scope1 and possible sanctions of the student disciplinary process of the institution of higher education and of the criminal justice process2 7vii7 that the student disciplinary process of the institution of higher education in not equivalent to1 and should not be considered a substitute for1 the criminal justice process2 and 7viii7 any limitations on the ability of the sexual assault response coordinator to provide privacy or confidentiality to the victim under the policies of the institution of higher education1 ,federal law1 or ,state law4 7,f7 ,the sexual assault response coordinator may1 as appropriate-- 7i7 serve as a liaison between a victim and a higher education responsible employee or law enforcement1 when directed to do so by a victim who has been fully and accurately informed about what procedures shall occur if information is shared2 and 7ii7 assist a victim in contacting and reporting to a higher education responsible employee or law enforcement4 7,g7 ,the sexual assault response coordinator shall be authorized by the institution to liaise with appropriate staff at the institution to arrange reasonable accommodations through the institution to allow the victim to change living arrangements or class schedules1 obtain accessibility services1 or arrange other accommodations for the victim4 7,h7 ,the sexual assault response coordinator shall not be obligated to report crimes to the institution or law enforcement in a way that identifies a victim or an accused individual1 unless otherwise required to do so by ,state law4 ,the sexual assault response coordinator shall1 to the extent authorized under ,state law1 provide confidential services4 ,any requests for accommodations1 as described in subparagraph 7,g71 made by a sexual assault response coordinator shall not trigger an investigation by the institution1 even if the sexual assault response coordinator deals only with matters relating to domestic violence1 dating violence1 sexual assault1 and stalking4 7,i7 ,the institution shall designate as a sexual assault response coordinator an individual who has protection under ,state law to provide privileged communication4 ,the institution may partner through a formal arrangement with an outside organization with the experience described in subparagraph 7,a77iii71 such as a community-based rape crisis center or other community-based sexual assault service provider1 to provide the services described in this paragraph4 7,j7 ,the sexual assault response coordinator shall collect and report statistics in accordance with the requirements of section #dhe7;f74 ,the sexual assault response coordinator shall not include identifying information or jeopardize the confidentiality of a victim or an accused individual when reporting such statistics4 7,k7 ,the institution shall appoint an adequate number of sexual assault response coordinators not later than the earlier of-- 7i7 #a year after the ,secretary determines through a negotiated rulemaking process what an adequate number of sexual assault response coordinators is for an institution based on its size2 or 7ii7 #c years after the date of enactment of the ,campus ,accountability and ,safety ,act4 7,l7 ,each institution that enrolls fewer than #a1jjj students may partner with another institution of higher education in their region or ,state to provide the services described in this paragraph4 7,m7 ,the institution shall not discipline1 penalize1 or otherwise retaliate against an individual who reports1 in good faith1 domestic violence1 dating violence1 sexual assault1 or stalking to the sexual assault response coordinator4 7,n7 ,each employee of an institution who receives a report of domestic violence1 dating violence1 sexual assault1 or stalking shall notify the reporting individual of the existence of1 contact information for1 and services provided by sexual assault response coordinator of the institution4 7#b7 ,information on the institution's website ,the institution shall list on its website-- 7,a7 the name and contact information for the sexual assault response coordinator2 7,b7 reporting options1 including confidential options1 for victims of domestic violence1 dating violence1 sexual assault1 or stalking2 7,c7 the process of investigation and disciplinary proceedings of the institution2 7,d7 the process of investigation and adjudication of the criminal justice system2 7,e7 potential reasonable accommodations that the institution may provide to a victim1 as described in paragraph 7#a77;,g72 7,f7 the telephone number and website address for a local1 ,state1 or national hotline providing information to domestic violence1 dating violence1 sexual assault1 and stalking victims 7which shall be clearly communicated on the website and shall be updated on a timely basis72 and 7,g7 the name and location of the nearest medical facility where an individual may have a medical forensic examination administered by a trained sexual assault forensic nurse1 including information on transportation options and available reimbursement for a visit to such facility4 7#c7 ,online reporting ,the institution may provide an online reporting system to collect anonymous disclosures of crimes and track patterns of crime on campus4 ,an individual may submit an anonymous report about a specific crime to the institution using the online reporting system1 but the institution is only obligated to investigate a specific crime if an individual decides to report the crime to a higher education responsible employee or law enforcement4 ,if the institution uses an online reporting system1 the online system shall also include information about how to report a crime to a higher education responsible employee and to law enforcement and how to contact a sexual assault response coordinator4 7#d7 ,amnesty policy ,the institution shall provide an amnesty policy for any student who reports1 in good faith1 domestic violence1 dating violence1 sexual assault1 or stalking to an institution official1 such that the reporting student will not be sanctioned by the institution for a student conduct violation related to alcohol use or drug use that is revealed in the course of such a report and that occurred at or near the time of the commission of the domestic violence1 dating violence1 sexual assault1 or stalking4 ,this provision shall not preempt the ability of an institution of higher education to establish an amnesty policy for student conduct violations not mentioned in this provision4 ,the institution shall provide information about the amnesty policy of the institution on the website of the institution4 7#e7 ,training 7,a7 ,in general ,not later than #a year after the date of enactment of the ,campus ,accountability and ,safety ,act1 the ,secretary1 in coordination with the ,attorney ,general and in consultation with national1 ,state1 or local victim services organizations and institutions of higher education1 shall develop a training program1 which may include online training modules1 for training-- 7i7 each individual who is involved in implementing an institution of higher education's student grievance procedures1 including each individual who is responsible for resolving complaints of reported domestic violence1 dating violence1 sexual assault1 stalking1 or sexual misconduct policy violations2 and 7ii7 each employee of an institution of higher education who has responsibility for conducting an interview with a victim of domestic violence1 dating violence1 sexual assault1 stalking1 or sexual misconduct policy violations4 7,b7 ,contents ,such training shall include-- 7i7 information on working with and interviewing persons subjected to domestic violence1 dating violence1 sexual assault1 or stalking2 7ii7 information on particular types of conduct that would constitute domestic violence1 dating violence1 sexual assault1 or stalking1 regardless of gender1 including same-sex incidents of domestic violence1 dating violence1 sexual assault1 or stalking2 7iii7 information on consent and the affect that drugs or alcohol may have on an individual's ability to consent2 7iv7 the effects of trauma1 including the neurobiology of trauma2 7v7 training regarding the use of victim-centered1 trauma-informed interview techniques2 7vi7 cultural awareness training regarding how domestic violence1 dating violence1 sexual assault1 or stalking may impact students differently depending on their cultural background2 and 7vii7 information on sexual assault dynamics1 sexual assault perpetrator behavior1 and barriers to reporting4 7,c7 ,institutional training ,each institution of higher education shall ensure that the individuals and employees described in subparagraph 7,a7 receive the training described in this paragraph not later than the ,july #ae that is one year after the date that the training program has been developed by the ,secretary in accordance with subparagraph 7,a74 7#f7 ,uniform campus-wide process for student disciplinary proceeding relating to claim of domestic violence1 dating violence1 sexual assault1 stalking1 or a sexual misconduct policy violation ,each institution of higher education that receives funds under this ,act-- 7,a7 shall establish and carry out a uniform process 7for each campus of the institution7 for student disciplinary proceedings relating to any claims of domestic violence1 dating violence1 sexual assault1 stalking or a sexual misconduct policy violation against a student who attends the institution2 and 7,b7 shall not carry out a different disciplinary process on the same campus for a matter of domestic violence1 dating violence1 sexual assault1 stalking1 or a sexual misconduct policy violation1 or alter the uniform process described in subparagraph 7,a71 based on the status or characteristics of a student who will be involved in that disciplinary proceeding1 including characteristics such as a student's membership on an athletic team1 academic major1 or any other characteristic or status of a student4 7#g7 ,information about the title ix coordinator ,the institution shall submit1 annually1 to the ,office for ,civil ,rights of the ,department of ,education and the ,civil ,rights ,division of the ,department of ,justice1 the name and contact information for the title ,,ix coordinator1 including a brief description of the coordinator's role and the roles of other officials who may be contacted to discuss or report sexual harassment1 and documentation of training received by the title ,,ix coordinator4 ,the educational institution shall provide updated information to the ,office for ,civil ,rights of the ,department of ,education and the ,civil ,rights ,division of the ,department of ,justice not later than #cj days after the date of any change4 7#h7 ,written notice of institutional disciplinary process ,the institution shall provide both the accuser and the accused student with written notice of the institution's decision to proceed with an institutional disciplinary process regarding an allegation of sexual misconduct within #bd hours of such decision1 and sufficiently in advance of a disciplinary hearing to provide both the accuser and the accused student with the opportunity to meaningfully exercise their rights to a proceeding that is prompt1 fair1 and impartial1 which shall include the opportunity for both parties to present witnesses and other evidence1 and any other due process rights afforded to them under institutional policy4 ,the written notice shall include the following3 7,a7 ,the existence of a complaint1 the nature of the conduct upon which the complaint is based1 and the date on which the alleged incident occurred4 7,b7 ,a description of the process for the disciplinary proceeding1 including the estimated timeline from initiation to final disposition4 7,c7 ,a description of the rights and protections available to the accuser and the accused student1 including those described in section #dhe7;f77#h77;,b77iv7 and any other rights or protections that the accuser or the accused student may have under the institution's policies4 7,d7 ,a copy of the institution's applicable policies1 and1 if available1 related published informational materials4 7,e7 ,name and contact information for an individual at the institution1 who is independent of the disciplinary process1 to whom the accuser and the accused student can submit questions about any of the information described in the written notice of the institutional disciplinary process4 7c7 ,penalties 7#a7 ,penalty relating to sexual assault response coordinators ,the ,secretary may impose a civil penalty of not more than #a percent of an institution's operating budget1 as defined by the ,secretary1 for each year that the institution fails to carry out the requirements of such paragraph following the effective date described in section #d7;b77#a7 of the ,campus ,accountability and ,safety ,act4 7#b7 ,other provisions ,the ,secretary may impose a civil penalty of not more than #a percent of an institution's operating budget1 as defined by the ,secretary1 for each year that the institution fails to carry out the requirements of such paragraphs following the effective date described in section #d7;b77#b7 of the ,campus ,accountability and ,safety ,act4 7#c7 ,voluntary resolution ,notwithstanding any other provision of this section1 the ,secretary may enter into a voluntary resolution with an institution of higher education that is subject to a penalty under this subsection4 7#d7 ,adjustment to penalties ,any civil penalty under this subsection may be reduced by the ,secretary4 ,in determining the amount of such penalty1 or the amount agreed upon in compromise1 the ,secretary of ,education shall consider the appropriateness of the penalty to the size of the operating budget of the educational institution subject to the determination1 the gravity of the violation or failure1 and whether the violation or failure was committed intentionally1 negligently1 or otherwise4 4 7b7 ,effective dates 7#a7 ,sexual assault response coordinator ,paragraph 7#a7 of section #abe7;b7 of the ,higher ,education ,act of #aife1 as added by subsection 7a71 shall take effect on the date that is the earlier of-- 7,a7 #a year after the ,secretary of ,education determines through a negotiated rulemaking process what an adequate number of sexual assault response coordinators is for an institution based on an institution's size2 or 7,b7 #c years after the date of enactment of this ,act4 7#b7 ,other provisions ,paragraphs 7#b7 through 7#i7 of section #abe7;b7 of the ,higher ,education ,act of #aife1 as added by subsection 7a71 shall take effect on the date that is #a year after the date of enactment of this ,act4 7c7 ,negotiated rulemaking ,the ,secretary of ,education shall establish regulations to carry out the provisions of this section1 and the amendment made by this section1 in accordance with the requirements described under section #dib of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajih;a74 #e4 ,transparency ,part ,b of title ,i of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajaa et seq47 is further amended by adding after section #abe 7as added by section #d71 the following3 #abf4 ,transparency ,the ,secretary shall establish a publicly available1 searchable1 and user-friendly campus safety website that includes the following3 7#a7 ,the name and contact information for the title ,,ix coordinator for each institution of higher education receiving funds under this ,act1 and a brief description of the title ,,ix coordinator's role and the roles of other officials who may be contacted to discuss or report sexual harassment4 7#b7 ,the ,department's pending investigations1 enforcement actions1 letters of finding1 final resolutions1 and voluntary resolution agreements for all complaints and compliance reviews under section #dhe7;f7 and under title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha7 related to sexual harassment4 ,the ,secretary shall indicate whether the investigation1 action1 letter1 resolution1 or agreement is based on a complaint or compliance review4 ,the ,secretary shall make the information under this subsection available regarding a complaint once the ,department receives a written complaint1 and conducts an initial evaluation1 and has determined that the complaint should be opened for investigation of an allegation that1 if substantiated1 would constitute a violation of such title ,,ix or section #dhe7;f74 ,in carrying out this subsection1 the ,secretary shall ensure that personally identifiable information is not reported and shall comply with section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g71 commonly known as the ,family ,educational ,rights and ,privacy ,act of #aigd4 7#c7 ,a comprehensive campus safety and security data analysis tool that allows for the review and download of data that institutions of higher education subject to section #dhe7;f7 are required to report under this ,act4 7#d7 ,information regarding how to file complaints with the ,department related to alleged violations of title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha7 and of section #dhe7;f74 7#e7 ,information regarding the ,department's policies for reviewing complaints1 initiating compliance reviews1 and conducting and resolving investigations related to alleged violations of title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha7 and of section #dhe7;f74 ,this information shall include-- 7,a7 the contact information for at least one individual at the ,department who can answer questions from institutions of higher education1 complainants1 and other interested parties about such policies2 7,b7 potential outcomes of an investigation2 and 7,c7 the expected timeframe for resolution of an investigation and any circumstance that may change such timeframe4 4 #f4 ,program participation agreements ,section #dhg7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajid7;a77 is amended by striking paragraph 7#ab7 and inserting the following3 7#ab7 ,the institution certifies that-- 7,a7 the institution is in compliance with the requirements of section #abd regarding coordination with local law enforcement2 7,b7 the institution has established a campus security policy that meets the requirements of section #abe2 and 7,c7 the institution has complied with the disclosure requirements of section #dhe7;f74 4 #g4 ,training for campus personnel on victim-centered trauma-informed interview techniques ,section #cjd of the ,violence ,against ,women and ,department of ,justice ,reauthorization ,act of #bjje 7#db ,u4,s4,c4 #adjde;b7 is amended-- 7#a7 in subsection 7a77#b71 by striking #cjj1jjj and inserting #ejj1jjj2 7#b7 in subsection 7b71 by adding at the end the following3 7#aa7 ,to train campus personnel in how to use victim-centered1 trauma-informed interview techniques4 2 and 7#c7 in subsection 7g7-- 7,a7 by striking ,in this section and inserting 7#a7 ,in general4--2 and 7,b7 by adding at the end the following3 7#b7 ,victim-centered1 trauma-informed interview techniques ,in this section1 the term victim-centered1 trauma-informed interview techniques means asking questions of an individual who reports that the individual has been a victim of domestic violence1 dating violence1 sexual assault1 or stalking1 in a manner that is focused on the experience of the victim1 that does not judge or blame the victim for the alleged assault1 and that is informed by evidence-based research on the neurobiology of trauma4 4 #h4 ,grants to improve prevention and response to sexual harassment1 sexual assault1 domestic violence1 dating violence1 and stalking1 on campus ,title ,,viii of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #aafa;a7 is amended by adding at the end the following3 ,,bb ,grants for institutions to address sexual harassment1 sexual assault1 and other violence and harassment on campus #hii4 ,grants for institutions to address sexual harassment1 sexual assault1 and other violence and harassment on campus 7a7 ,grants authorized 7#a7 ,in general ,the ,secretary is authorized to award grants to institutions of higher education1 on a competitive basis as described in paragraph 7#b71 to enhance the ability of such institutions to address sexual harassment1 sexual assault1 domestic violence1 dating violence1 and stalking1 on campus4 7#b7 ,award basis ,the ,secretary shall award grants under this section1 on a competitive basis1 as funds become available through the payment of penalties by institutions of higher education under section #dhe7;f77#bj7 of this ,act and sections #c and #d of the ,campus ,accountability and ,safety ,act4 7#c7 ,prohibition2 ineligible institutions 7,a7 ,no reservation for administrative expenses ,funds awarded under this section shall not be reserved for administrative expenses4 7,b7 ,ineligible institutions 7i7 ,violations ,an institution of higher education shall not be eligible to receive a grant under this section if the institution is found by the ,department of ,education1 at the time of application for a grant under this section1 to be in violation of-- 7,i7 title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha72 or 7,,ii7 section #dhe7;f74 7ii7 ,multiple grants ,an institution of higher education that has received a grant award under section #cjd of the ,violence ,against ,women and ,department of ,justice ,reauthorization ,act of #bjje 7#db ,u4,s4,c4 #adjde;b7 in any of the previous #c grant funding cycles shall not be eligible for a grant award under this section4 7#d7 ,preference ,in awarding grants under this section1 the ,secretary shall give preference to those institutions of higher education-- 7,a7 with the smallest endowments or the lowest tuition rates1 as compared to all institutions receiving funds under this ,act2 and 7,b7 that have demonstrated a strong commitment to prioritizing tackling the problem of campus sexual assault on their campuses1 which may be demonstrated by providing documentation of actions by the administration of such institution such as-- 7i7 establishing a working group on campus that includes the participation of administration officials and students to analyze and strategize improvements to the way the institution prevents and responds to sexual harassment1 sexual assault1 domestic violence1 dating violence1 and stalking1 on campus2 7ii7 organizing a series of listening sessions on campus to gather feedback and ideas from the campus community on how to improve the way the institution prevents and responds to sexual harassment1 sexual assault1 domestic violence1 dating violence1 and stalking1 on campus2 7iii7 hosting a conference that brings together academic researchers to present and share ideas and research regarding sexual harassment1 sexual assault1 domestic violence1 dating violence1 and stalking1 on campus2 or 7iv7 other documented efforts beyond the requirements of ,federal or ,state law that the administration of the institution of higher education has initiated in order to better understand the prevalence of sexual harassment1 sexual assault1 domestic violence1 dating violence1 and stalking1 on campus and analyze and improve how the institution of higher education responds to such incidents4 7#e7 ,amount of grants ,the ,secretary1 through the ,assistant ,secretary of the ,office for ,civil ,rights1 shall award the grants under this section in an amount of not more than #ejj1jjj for each institution of higher education4 7#f7 ,equitable participation ,the ,secretary shall make every effort to ensure-- 7,a7 the equitable participation of private and public institutions of higher education in the activities assisted under this section2 7,b7 the equitable geographic distribution of grants under this section among the various regions of the ,united ,states2 and 7,c7 the equitable distribution of grants under this section to ,tribal ,colleges or ,universities 7as defined under section #caf7;b77 and historically ,black colleges or universities4 7#g7 ,duration ,the ,secretary shall award each grant under this ,act for a period of not more than #e years4 7b7 ,use of grant funds 7#a7 ,grant funds awarded under this section shall be used to research best practices for preventing and responding to sexual harassment1 sexual assault1 domestic violence1 dating violence1 and stalking1 on campus and to disseminate such research to peer institutions and the ,department4 ,such research may include a focus on one or more of the following purposes3 7,a7 ,strengthening strategies to combat sexual harassment1 sexual assault1 domestic violence1 dating violence1 and stalking1 on campus4 7,b7 ,strengthening victim services for incidents involving sexual harassment1 sexual assault1 domestic violence1 dating violence1 or stalking1 on campus1 which may involve partnerships with community-based victim services agencies4 7,c7 ,strengthening prevention education and awareness programs on campus regarding sexual harassment1 sexual assault1 domestic violence1 dating violence1 and stalking4 7#b7 ,grant funds awarded under this section may be used for one or more of the following purposes3 7,a7 ,evaluating and determining the effectiveness of victim services and education programs in reaching all populations that may be subject to sexual harassment1 sexual assault1 domestic violence1 dating violence1 and stalking1 on campus4 7,b7 ,training campus administrators1 campus security personnel1 and personnel serving on campus disciplinary boards on campus policies1 protocols1 and services to respond to sexual harassment1 sexual assault1 domestic violence1 dating violence1 and stalking1 on campus1 which shall include instruction on victim-centered1 trauma-informed interview techniques and information on the neurobiological effects of trauma and stress on memory4 7,c7 ,developing1 expanding1 or strengthening victim services programs and population specific services on the campus of the institution1 including programs providing legal1 medical1 or psychological counseling for victims of sexual harassment1 sexual assault1 domestic violence1 dating violence1 and stalking1 and to improve delivery of victim assistance on campus1 including through the services of the sexual assault response coordinator 7as defined in section #abe7;a774 7,d7 ,developing or adapting and providing developmentally and culturally appropriate and linguistically accessible print or electronic materials regarding campus policies1 protocols1 and services related to the prevention of and response to sexual harassment1 sexual assault1 domestic violence1 dating violence1 and stalking1 on campus4 7,e7 ,developing and implementing prevention education and awareness programs on campus regarding sexual harassment1 sexual assault1 domestic violence1 dating violence1 and stalking4 7c7 ,applications 7#a7 ,in general ,in order to be eligible for a grant under this section for any fiscal year1 an institution of higher education shall submit an application to the ,secretary at such time and in such manner as the ,secretary shall prescribe4 7#b7 ,contents ,each application submitted under paragraph 7#a7 shall-- 7,a7 describe the need for grant funds and the plan for implementation for any of the activities described in subsection 7b72 7,b7 describe the characteristics of the population being served1 including type of campus1 demographics of the population1 and number of students2 7,c7 describe how underserved populations in the campus community will be adequately served1 including the provision of relevant population specific services2 7,d7 provide measurable goals and expected results from the use of the grant funds2 7,e7 provide assurances that the ,federal funds made available under this section shall be used to supplement and1 to the extent practical1 increase the level of funds that would1 in the absence of ,federal funds1 be made available by the institution or organization for the activities described in subsection 7b72 and 7,f7 include such other information and assurances as the ,secretary reasonably determines to be necessary4 7d7 ,reports 7#a7 ,grantee reporting 7,a7 ,annual report ,each institution of higher education receiving a grant under this section shall submit a performance report to the ,secretary beginning #a year after receiving the grant and annually thereafter4 ,the ,secretary shall suspend funding under this section for an institution of higher education if the institution fails to submit such a report4 7,b7 ,final report ,upon completion of the grant period under this section1 the grantee institution shall file a final performance report with the ,secretary explaining the activities carried out under this section together with an assessment of the effectiveness of the activities described in subsection 7b74 7#b7 ,report to congress ,not later than #ahj days after the end of the grant period under this section1 the ,secretary shall submit to ,congress a report that includes-- 7,a7 the number of grants1 and the amount of funds1 distributed under this section2 7,b7 a summary of the activities carried out using grant funds and an evaluation of the progress made under the grant2 and 7,c7 an evaluation of the effectiveness of programs funded under this section4 4 #i4 ,,gao reports 7a7 ,,gao reports 7#a7 ,report under section #cjd of the ,violence ,against ,women and ,department of ,justice ,reauthorization ,act of #bjje ,the ,comptroller ,general of the ,united ,states shall-- 7,a7 conduct a study on the effectiveness and efficiency of the grant program under section #cjd of the ,violence ,against ,women and ,department of ,justice ,reauthorization ,act of #bjje 7#db ,u4,s4,c4 #adjde;b72 and 7,b7 submit a report1 not later than #b years after the date of enactment of this ,act1 on the study described in paragraph 7#a71 to the ,committee on ,health1 ,education1 ,labor1 and ,pensions and the ,committee on the ,judiciary of the ,senate and the ,committee on ,education and ,labor and the ,committee on the ,judiciary of the ,house of ,representatives4 7#b7 ,report under section #hii of the ,higher ,education ,act of #aife ,the ,comptroller ,general of the ,united ,states shall-- 7,a7 conduct a study on the effectiveness and efficiency of the grants to improve prevention and response to sexual harassment1 sexual assault1 domestic violence1 dating violence1 and stalking1 on campus under section #hii of the ,higher ,education ,act of #aife1 as added by section #h of this ,act2 and 7,b7 submit a report1 not later than #b years after the date of enactment of this ,act1 on the study described in paragraph 7#a71 to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,education and ,labor of the ,house of ,representatives4