[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 812 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 812
To amend the Higher Education Act of 1965 to improve education and
prevention related to campus sexual violence, domestic violence, dating
violence, and stalking.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 25, 2013
Mrs. Carolyn B. Maloney of New York (for herself, Ms. Moore, Mr.
Meehan, Mr. Larsen of Washington, Ms. DeLauro, Ms. McCollum, Ms. Hahn,
Mr. Connolly, Mr. Clay, Mr. Holt, Mr. Moran, Mr. Grijalva, Mr. Conyers,
Ms. Bonamici, Ms. Wasserman Schultz, Mr. Levin, Mr. Loebsack, Mr.
Keating, Ms. Schwartz, Mr. Michaud, Ms. Schakowsky, Ms. Eshoo, Mr.
Sherman, Mr. Van Hollen, Ms. Norton, Mr. Cicilline, Mr. Cooper, Ms.
Titus, and Mr. McGovern) introduced the following bill; which was
referred to the Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To amend the Higher Education Act of 1965 to improve education and
prevention related to campus sexual violence, domestic violence, dating
violence, and stalking.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Campus Sexual Violence Elimination
Act''.
SEC. 2. CAMPUS SEXUAL VIOLENCE, DOMESTIC VIOLENCE, DATING VIOLENCE, AND
STALKING EDUCATION AND PREVENTION.
(a) In General.--Section 485(f) of the Higher Education Act of 1965
(20 U.S.C. 1092(f)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (C)(iii), by striking the
period at the end and inserting ``, when the victim of
such crime elects or is unable to make such a
report.''; and
(B) in subparagraph (F)--
(i) in clause (i)(VIII), by striking
``and'' after the semicolon;
(ii) in clause (ii)--
(I) by striking ``sexual
orientation'' and inserting `` national
origin, sexual orientation, gender
identity,''; and
(II) by striking the period and
inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) of domestic violence, dating
violence, and stalking incidents that were
reported to campus security authorities or
local police agencies.'';
(2) in paragraph (3), by inserting ``, that withholds the
names of victims as confidential,'' after ``that is timely'';
(3) in paragraph (6)(A)--
(A) by redesignating clauses (i), (ii), and (iii)
as clauses (ii), (iii), and (iv), respectively;
(B) by inserting before clause (ii), as
redesignated by subparagraph (A), the following:
``(i) The terms `dating violence', `domestic violence', and
`stalking' have the meaning given such terms in section
40002(a) of the Violence Against Women Act of 1994 (42 U.S.C.
13925(a)).''; and
(C) by inserting after clause (iv), as redesignated
by subparagraph (A), the following:
``(v) The term `sexual assault' means an offense classified
as a forcible or nonforcible sex offense under the uniform
crime reporting system of the Federal Bureau of
Investigation.'';
(4) in paragraph (7)--
(A) by striking ``paragraph (1)(F)'' and inserting
``clauses (i) and (ii) of paragraph (1)(F)''; and
(B) by inserting after ``Hate Crime Statistics
Act.'' the following: ``For the offenses of domestic
violence, dating violence, and stalking, such
statistics shall be compiled in accordance with the
definitions used in section 40002(a) of the Violence
Against Women Act of 1994 (42 U.S.C. 13925(a)).'';
(5) by striking paragraph (8) and inserting the following:
``(8)(A) Each institution of higher education participating in any
program under this title, other than a foreign institution of higher
education, shall develop and distribute as part of the report described
in paragraph (1) a statement of policy regarding--
``(i) such institution's programs to prevent domestic
violence, dating violence, sexual assault, and stalking; and
``(ii) the procedures that such institution will follow
once an incident of domestic violence, dating violence, sexual
assault, or stalking has been reported, including a statement
of the standard of evidence that will be used during any
institutional conduct proceeding arising from such a report.
``(B) The policy described in subparagraph (A) shall address the
following areas:
``(i) Education programs to promote the awareness of rape,
acquaintance rape, domestic violence, dating violence, sexual
assault, and stalking, which shall include--
``(I) primary prevention and awareness programs for
all incoming students and new employees, which shall
include--
``(aa) a statement that the institution of
higher education prohibits the offenses of
domestic violence, dating violence, sexual
assault, and stalking;
``(bb) the definition of domestic violence,
dating violence, sexual assault, and stalking
in the applicable jurisdiction;
``(cc) the definition of consent, in
reference to sexual activity, in the applicable
jurisdiction;
``(dd) safe and positive options for
bystander intervention that may be carried out
by an individual to prevent harm or intervene
when there is a risk of domestic violence,
dating violence, sexual assault, or stalking
against a person other than such individual;
``(ee) information on risk reduction to
recognize warning signs of abusive behavior and
how to avoid potential attacks; and
``(ff) the information described in clauses
(ii) through (vii); and
``(II) ongoing prevention and awareness campaigns
for students and faculty, including information
described in items (aa) through (ff) of subclause (I).
``(ii) Possible sanctions or protective measures that such
institution may impose following a final determination of an
institutional disciplinary procedure regarding rape,
acquaintance rape, domestic violence, dating violence, sexual
assault, or stalking.
``(iii) Procedures victims should follow if a sex offense,
domestic violence, dating violence, sexual assault, or stalking
has occurred, including information in writing about--
``(I) the importance of preserving evidence as may
be necessary to the proof of criminal domestic
violence, dating violence, sexual assault, or stalking,
or in obtaining a protection order;
``(II) to whom the alleged offense should be
reported;
``(III) options regarding law enforcement and
campus authorities, including notification of the
victim's option to--
``(aa) notify proper law enforcement
authorities, including on-campus and local
police;
``(bb) be assisted by campus authorities in
notifying law enforcement authorities if the
victim so chooses; and
``(cc) decline to notify such authorities;
and
``(IV) where applicable, the rights of victims and
the institution's responsibilities regarding orders of
protection, no contact orders, restraining orders, or
similar lawful orders issued by a criminal, civil, or
tribal court.
``(iv) Procedures for institutional disciplinary action in
cases of alleged domestic violence, dating violence, sexual
assault, or stalking, which shall include a clear statement
that--
``(I) such proceedings shall--
``(aa) provide a prompt, fair, and
impartial investigation and resolution;
``(bb) be conducted by officials who
receive annual training on the issues related
to domestic violence, dating violence, sexual
assault, and stalking and how to conduct an
investigation and hearing process that protects
the safety of victims and promotes
accountability; and
``(cc) use the preponderance of the
evidence standard;
``(II) the accuser and the accused are entitled to
the same opportunities to have others present during an
institutional disciplinary proceeding, including the
opportunity to be accompanied to any related meeting or
proceeding by an advisor of their choice; and
``(III) both the accuser and the accused shall be
simultaneously informed, in writing, of--
``(aa) the outcome of any institutional
disciplinary proceeding that arises from an
allegation of domestic violence, dating
violence, sexual assault, or stalking;
``(bb) the institution's procedures for the
accused and the victim to appeal the results of
the institutional disciplinary proceeding;
``(cc) any change to the results that
occurs prior to the time that such results
become final; and
``(dd) when such results become final.
``(v) Information about how the institution will protect
the confidentiality of victims, including how publicly-
available recordkeeping will be accomplished without the
inclusion of identifying information about the victim, to the
extent permissible by law.
``(vi) Written notification of students and employees about
existing counseling, health, mental health, victim advocacy,
legal assistance, and other services available for victims both
on-campus and in the community.
``(vii) Written notification of victims about options for,
and available assistance in, changing academic, living,
transportation, and working situations, if so requested by the
victim and if such accommodations are reasonably available,
regardless of whether the victim chooses to report the crime to
campus police or local law enforcement.
``(C) A student or employee who reports to an institution of higher
education that the student or employee has been a victim of domestic
violence, dating violence, sexual assault, or stalking, whether the
offense occurred on or off campus, shall be provided with a written
explanation of the student or employee's rights and options, as
described in clauses (ii) through (vii) of subparagraph (B).'';
(6) in paragraph (9), by striking ``The Secretary'' and
inserting ``The Secretary, in consultation with the Attorney
General of the United States,'';
(7) by striking paragraph (16) and inserting the following:
``(16)(A) The Secretary shall seek the advice and counsel of the
Attorney General of the United States concerning the development, and
dissemination to institutions of higher education, of best practices
information about campus safety and emergencies.
``(B) The Secretary shall seek the advice and counsel of the
Attorney General of the United States and the Secretary of Health and
Human Services concerning the development, and dissemination to
institutions of higher education, of best practices information about
preventing and responding to incidents of domestic violence, dating
violence, sexual assault, and stalking, including elements of
institutional policies that have proven successful based on evidence-
based outcome measurements.''; and
(8) by striking paragraph (17) and inserting the following:
``(17) No officer, employee, or agent of an institution
participating in any program under this title shall retaliate,
intimidate, threaten, coerce, or otherwise discriminate against any
individual for exercising their rights or responsibilities under any
provision of this subsection.''.
(b) Effective Date.--The amendments made by this section shall take
effect with respect to the annual security report under section
485(f)(1) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(1))
prepared by an institution of higher education 1 calendar year after
the date of enactment of this Act, and each subsequent calendar year.
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