Campus Accountability and Safety Act

II 116TH CONGRESS 1ST SESSION S. 976 To amend the Higher Education Act of 1965 and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act to combat campus sexual assault, and for other purposes. IN THE SENATE OF THE UNITED STATES APRIL 1, 2019 Mrs. GILLIBRAND (for herself, Mr. GRASSLEY, Ms. ERNST, Mr. RUBIO, Mrs. CAPITO, Mr. BLUMENTHAL, Ms. HASSAN, Mr. REED, Mr. WARNER, and Mrs. SHAHEEN) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act to combat campus sexual assault, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Campus Accountability 4 and Safety Act’’. 5 VerDate Sep 11 2014 22:23 Apr 08, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S976.IS S976 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 976 IS SEC. 2. AMENDMENTS TO THE CLERY ACT. 1 Section 485(f) of the Higher Education Act of 1965 2 (20 U.S.C. 1092(f)) (known as the Jeanne Clery Disclo- 3 sure of Campus Security Policy and Campus Crime Statis- 4 tics Act) is amended— 5 (1) in paragraph (1)— 6 (A) by inserting ‘‘which shall include, at a 7 minimum, publication in an easily accessible 8 manner on the website of the institution,’’ after 9 ‘‘through appropriate publications or mail- 10 ings,’’; 11 (B) in subparagraph (C), by striking 12 clause (ii) and inserting the following: 13 ‘‘(ii) the memorandum of understanding 14 between the institution and law enforcement 15 pursuant to section 124 (or, if such require- 16 ment has been waived, a description of the 17 working relationship between the institution, 18 campus security personnel, or campus law en- 19 forcement and State or local law enforcement 20 agencies); and’’; 21 (C) in subparagraph (F)— 22 (i) in clause (i)— 23 (I) by redesignating subclauses 24 (III) through (IX) as subclauses (VI) 25 through (XII); and 26 VerDate Sep 11 2014 22:23 Apr 08, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S976.IS S976 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 976 IS (II) by striking subclause (II) 1 and inserting the following: 2 ‘‘(II) rape; 3 ‘‘(III) fondling; 4 ‘‘(IV) incest; 5 ‘‘(V) statutory rape;’’; and 6 (ii) in clause (ii), by striking ‘‘sub- 7 clauses (I) through (VIII) of clause (i)’’ 8 and inserting ‘‘subclauses (I) through (XI) 9 of clause (i)’’; and 10 (D) by adding at the end the following: 11 ‘‘(K)(i) With respect to the criminal activ- 12 ity described in subclauses (II) and (III) of sub- 13 paragraph (F)(i), the eligible institution shall 14 prepare for the annual security report that is 15 due following 1 year after the date of enact- 16 ment of the Campus Accountability and Safety 17 Act, and annually thereafter, the following addi- 18 tions: 19 ‘‘(I) The number of such incidents 20 where the accused individual is a student 21 at the institution. 22 ‘‘(II) Of the incidents described in 23 subclause (I), the number of such incidents 24 that were reported to the title IX coordi- 25 VerDate Sep 11 2014 22:23 Apr 08, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S976.IS S976 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 976 IS nator (as defined in section 125(a)) or 1 other higher education responsible em- 2 ployee (as defined in section 125(a)) of the 3 institution. 4 ‘‘(III) Of the incidents described in 5 subclause (II), the number of victims who 6 sought campus disciplinary action at the 7 institution. 8 ‘‘(IV) Of the victims described in sub- 9 clause (III), the number of cases processed 10 through the student disciplinary process of 11 the institution. 12 ‘‘(V) Of the cases described in sub- 13 clause (IV), the number of accused individ- 14 uals who were found responsible through 15 the student disciplinary process of the in- 16 stitution. 17 ‘‘(VI) Of the cases described in sub- 18 clause (IV), the number of accused individ- 19 uals who were found not responsible 20 through the student disciplinary process of 21 the institution. 22 ‘‘(VII) A description of the final sanc- 23 tions imposed by the institution for each 24 incident for which an accused individual 25 VerDate Sep 11 2014 22:23 Apr 08, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S976.IS S976 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 976 IS was found responsible through the student 1 disciplinary process of the institution, if 2 such description will not reveal personally 3 identifiable information about an individual 4 student. 5 ‘‘(VIII) The number of student dis- 6 ciplinary proceedings at the institution 7 that have closed without resolution since 8 the previous annual security report due to 9 withdrawal from the institution of higher 10 education by the accused student pending 11 resolution of the student disciplinary pro- 12 ceeding. 13 ‘‘(ii) The Secretary shall provide technical 14 assistance to eligible institutions to assist such 15 institutions in meeting the requirements of this 16 subparagraph.’’; 17 (2) by striking paragraph (7) and inserting the 18 following: 19 ‘‘(7) The statistics described in clauses (i) and (ii) 20 of paragraph (1)(F)— 21 ‘‘(A) shall not identify victims of crimes or per- 22 sons accused of crimes; and 23 ‘‘(B) shall be compiled in accordance with the 24 following definitions: 25 VerDate Sep 11 2014 22:23 Apr 08, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S976.IS S976 pamtmann on DSKBFK8HB2PROD with BILLS 6 •S 976 IS ‘‘(i) For the offenses of domestic violence, 1 dating violence, and stalking, such statistics 2 shall be compiled in accordance with the defini- 3 tions used in section 40002(a) of the Violence 4 Against Women Act of 1994 (42 U.S.C. 5 13925(a)). 6 ‘‘(ii) For the offense of rape, such statis- 7 tics shall be compiled in accordance with the 8 definition used in the Summary Reporting Sys- 9 tem of the Uniform Crime Reporting Program 10 of the Department of Justice, Federal Bureau 11 of Investigation. 12 ‘‘(iii) For the offenses of fondling, incest, 13 and statutory rape, such statistics shall be com- 14 piled in accordance with the definition used in 15 the National Incident Based Reporting System. 16 ‘‘(iv) For offenses not described in clause 17 (i), (ii), or (iii), such statistics shall be compiled 18 in accordance with the Uniform Crime Report- 19 ing Program of the Department of Justice, 20 Federal Bureau of Investigation, and the modi- 21 fications to such definitions as implemented 22 pursuant to the Hate Crime Statistics Act (28 23 U.S.C. 534 note).’’; 24 (3) in paragraph (8)(B)— 25 VerDate Sep 11 2014 22:23 Apr 08, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S976.IS S976 pamtmann on DSKBFK8HB2PROD with BILLS 7 •S 976 IS (A) in clause (i)— 1 (i) in the matter preceding subclause 2 (I), by inserting ‘‘, developed in consulta- 3 tion with local, State, or national sexual 4 assault, dating violence, domestic violence, 5 and stalking victim advocacy, victim serv- 6 ices, or prevention organizations, and local 7 law enforcement,’’ after ‘‘Education pro- 8 grams’’; and 9 (ii) in subclause (I)(aa), by inserting 10 ‘‘, including the fact that these are crimes 11 for the purposes of this subsection and re- 12 porting under this subsection, and the in- 13 stitution of higher education will, based on 14 the victim’s wishes, cooperate with local 15 law enforcement with respect to any al- 16 leged criminal offenses involving students 17 or employees of the institution of higher 18 education’’ after ‘‘stalking’’; and 19 (B) in clause (iv)— 20 (i) by redesignating subclauses (II) 21 and (III) as subclauses (III) and (IV), re- 22 spectively; 23 (ii) by inserting after subclause (I) 24 the following: 25 VerDate Sep 11 2014 22:23 Apr 08, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S976.IS S976 pamtmann on DSKBFK8HB2PROD with BILLS 8 •S 976 IS ‘‘(II) the institution will comply 1 with the requirements of section 2 125(b), and shall include a description 3 of such requirements;’’; and 4 (iii) in subclause (IV), as redesignated 5 by clause (i)— 6 (I) in item (aa), by inserting ‘‘, 7 within 5 days of such determination’’ 8 after ‘‘sexual assault, or stalking’’; 9 (II) in item (bb), by inserting 10 ‘‘simultaneously with the notification 11 of the outcome described in item 12 (aa),’’ before ‘‘the institution’s’’; 13 (III) in item (cc), by inserting 14 ‘‘within 5 days of such change’’ after 15 ‘‘results become final’’; and 16 (IV) in item (dd), by inserting 17 ‘‘within 5 days of such determination’’ 18 after ‘‘results become final’’; 19 (4) by redesignating paragraph (18) as para- 20 graph (22); and 21 (5) by inserting after paragraph (17) the fol- 22 lowing: 23 ‘‘(18) Each individual at an institution of high- 24 er education who is designated as a higher education 25 VerDate Sep 11 2014 22:23 Apr 08, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S976.IS S976 pamtmann on DSKBFK8HB2PROD with BILLS 9 •S 976 IS responsible employee (as defined in section 125(a)) 1 shall be considered a campus security authority, as 2 defined in section 668.46(a) of title 34, Code of 3 Federal Regulations. 4 ‘‘(19)(A) The Secretary shall, in consultation 5 with the Attorney General, develop, design, and 6 make available through a secure online portal, a 7 standardized online survey tool regarding student ex- 8 periences with domestic violence, dating violence, 9 sexual assault, and stalking. The Secretary shall de- 10 velop such survey tool using best practices from 11 peer-reviewed research measuring domestic violence, 12 dating violence, sexual assault, and stalking. The 13 Secretary shall consult with the higher education 14 community and experts in survey research related to 15 domestic violence, dating violence, sexual assault, 16 and stalking regarding the development and design 17 of such survey tool and the methodology for admin- 18 istration of such survey tool. The survey shall be fair 19 and unbiased, scientifically valid and reliable, and 20 meet the highest standards of survey research. Sur- 21 vey questions shall be designed to gather informa- 22 tion on student experiences with domestic violence, 23 dating violence, sexual assault, and stalking, includ- 24 ing the experiences of victims of such incidents, and 25 VerDate Sep 11 2014 22:23 Apr 08, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S976.IS S976 pamtmann on DSKBFK8HB2PROD with BILLS 10 •S 976 IS shall therefore use trauma-informed language to pre- 1 vent retraumatization. 2 ‘‘(B) Each institution shall administer the sur- 3 vey described in subparagraph (A) every 2 years. In 4 addition to the standardized questions developed by 5 the Secretary, institutions may request additional in- 6 formation from students that would increase the in- 7 stitutions’ understanding of school climate factors 8 unique to their campuses. 9 ‘‘(C) The Secretary, in consultation with the 10 Attorney General, shall develop a mechanism by 11 which institutions of higher education may admin- 12 ister the survey described in subparagraph (A) 13 through a Federal source. 14 ‘‘(D) The Secretary shall require each institu- 15 tion participating in any program under this title to 16 ensure that an adequate, random, and representative 17 sample size of students (as determined by the Sec- 18 retary) enrolled at the institution complete the sur- 19 vey described in subparagraph (A) in accordance 20 with this paragraph and beginning not later than 1 21 year after the date of enactment of the Campus Ac- 22 countability and Safety Act. 23 ‘‘(E) Responses to the survey shall be sub- 24 mitted confidentially and shall not be included in 25 VerDate Sep 11 2014 22:23 Apr 08, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S976.IS S976 pamtmann on DSKBFK8HB2PROD with BILLS 11 •S 976 IS crime statistics reported under this subsection. Re- 1 porting of survey data shall not include personally 2 identifiable information. 3 ‘‘(F) The survey described in subparagraph (A) 4 shall include the following: 5 ‘‘(i) Questions designed to determine the 6 incidence and prevalence of domestic violence, 7 dating violence, sexual assault, and stalking. 8 ‘‘(ii) Questions regarding whether students 9 know about institutional policies and procedures 10 related to domestic violence, dating violence, 11 sexual assault, and stalking. 12 ‘‘(iii) Questions designed to determine, if 13 victims reported domestic violence, dating vio- 14 lence, sexual assault, or stalking— 15 ‘‘(I) to whom the incident was re- 16 ported and what response the victim may 17 have received; and 18 ‘‘(II) whether the victim was informed 19 of, or referred to, national, State, local, or 20 on-campus resources. 21 ‘‘(iv) Questions regarding contextual fac- 22 tors, such as whether force, incapacitation, or 23 coercion was involved. 24 VerDate Sep 11 2014 22:23 Apr 08, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S976.IS S976 pamtmann on DSKBFK8HB2PROD with BILLS 12 •S 976 IS ‘‘(v) Questions to determine whether an ac- 1 cused individual was a student at the institu- 2 tion. 3 ‘‘(vi) Questions to determine whether a vic- 4 tim reported an incident to State, local, or cam- 5 pus law enforcement. 6 ‘‘(vii) Questions to determine why the vic- 7 tim chose to report or not report an incident to 8 State, local, or campus law enforcement. 9 ‘‘(viii) Other questions as determined by 10 the Secretary. 11 ‘‘(G) Beginning not later than 2 years after the 12 date of enactment of the Campus Accountability and 13 Safety Act, the Secretary shall prepare a biennial re- 14 port on the information gained from the survey 15 under this paragraph and publish such report on the 16 website of the Department and submit such report 17 to Congress. The report shall include campus-level 18 data for each school and attributed by name of each 19 campus in a manner that permits comparisons 20 across schools and campuses. 21 ‘‘(H) Each institution subject to this subsection 22 shall publish the campus-level results of the survey 23 under this paragraph on the website of the institu- 24 tion and in the annual security report required 25 VerDate Sep 11 2014 22:23 Apr 08, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S976.IS S976 pamtmann on DSKBFK8HB2PROD with BILLS 13 •S 976 IS under this subsection for the campuses affiliated 1 with the institution. 2 ‘‘(20) Notwithstanding any other provision of 3 this Act, upon determination, af [Text truncated for display. Full text available on Congress.gov.]