,,ii  #aahth ,,congress  #ast ,session  
,s4 #ajag  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,march #bh1    
#bjbc,mr4 ,kennedy introduced the       
following bill2 which was read twice and
 referred to the ,committee on ,health1 
,education1 ,labor1 and ,pensions  ,a   
,,bill  ,to amend title ,,ix of the     
,education ,amendments of #aigb to      
ensure due process in grievance         
proceedings4  #a4 ,short title ,this    
,act may be cited as the ,ensuring      
,fairness for ,students ,act4  #b4      
,ensuring due process in title ,,ix     
claims ,section #ija of the ,education  
,amendments of #aigb 7#bj ,u4,s4,c4     
#afha7 is amended by adding at the end  
the following3  7d7 ,ensuring due       
process  7#a7 ,sexual harassment ,in    
this section1 the term sexual harassment
 has the meaning given the term in      
section #ajf4cj of title #cd1 ,code of  
,federal ,regulations1 or any successor 
regulation4  7#b7 ,implementation       
requirement ,not later than #ab months  

after the date of enactment of the      
,ensuring ,fairness for ,students ,act1 
each educational institution to which   
this section applies shall implement a  
grievance process to investigate and    
adjudicate formal complaints of sexual  
harassment that incorporates due process
 principles1 treats all parties fairly1 
and reaches reliable responsibility     
determinations4  7#c7 ,grievance process
 ,each grievance process implemented    
under paragraph 7#b7 shall comply with  
each of the following3 7,a7 ,give both  
parties-- 7i7 written notice of the     
allegation2  7ii7 an equal opportunity  
to select an advisor of the party's     
choice 7who may be1 but does not need to
 be1 an attorney72 and  7iii7 an equal  
opportunity to submit and review        
evidence throughout the investigation of
 the allegation4  7,b7 ,use personnel   
who are trained in compliance with      
requirements under this title to        
objectively evaluate all relevant       
evidence without prejudgment of the     

facts at issue and free from conflicts  
of interest or bias for or against      
either party4  7,c7 ,protect both       
parties' privacy by requiring a party's 
written consent before using the party's
 medical1 psychological1 or similar     
treatment records during the grievance  
process4  7,d7 ,obtain both parties'    
voluntary1 written consent before using 
any kind of informal resolution process1
 such as mediation or restorative       
justice4  7,e7 ,not use an informal     
resolution process1 as described in     
subparagraph 7,d71 in cases where an    
employee of the educational institution 
is alleged to have sexually harassed a  
student4  7,f7 ,apply a presumption that
 the respondent is not responsible      
during the grievance process1 so that   
the educational institution bears the   
burden of proof and the standard of     
evidence is applied correctly4  7,g7    
,ensure the decision-maker is not the   
same person as the investigator or the  
,title ,,ix ,coordinator 7who is 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 ,ensuring ,fairness   
for ,students ,act74  7,h7 ,for         
educational institutions that are-- 7i7 
postsecondary institutions1 hold a live 
hearing and-- 7,i7 allow                
cross-examination by the advisors of the
 parties2 and  7,,ii7 not permit        
cross-examination by the parties        
personally2 and  7ii7 elementary schools
 or secondary schools1 provide an       
opportunity for each party to submit    
written questions for the other party   
and any witness to answer4  7,i7 ,offer 
both parties an equal opportunity to    
appeal4  7,j7 ,protect any individual1  
including complainants1 respondents1 and
 witnesses1 from retaliation for        
reporting sexual harassment or          
participating 7or refusing to           
participate7 in the grievance process4  
7,k7 ,document and keep records of all  

sexual harassment reports and           
investigations4  4