Safe Equitable Campus Resources and Education Act of 2019

II 116TH CONGRESS 1ST SESSION S. 984 To address the needs of individuals with disabilities within the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. IN THE SENATE OF THE UNITED STATES APRIL 2, 2019 Mr. CASEY (for himself and Ms. HASSAN) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To address the needs of individuals with disabilities within the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. 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 ‘‘Safe Equitable Cam- 4 pus Resources and Education Act of 2019’’. 5 SEC. 2. AMENDMENTS TO THE CLERY ACT. 6 (a) IN GENERAL.—Section 485(f) of the Higher Edu- 7 cation Act of 1965 (20 U.S.C. 1092(f)) is amended— 8 (1) in paragraph (1)— 9 VerDate Sep 11 2014 03:28 Apr 06, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S984.IS S984 kjohnson on DSK79L0C42 with BILLS 2 •S 984 IS (A) in subparagraph (F)— 1 (i) in clause (ii), by striking ‘‘and’’ 2 after the semicolon; 3 (ii) in clause (iii), by striking the pe- 4 riod at the end and inserting ‘‘; and’’; and 5 (iii) by inserting after clause (iii) the 6 following: 7 ‘‘(iv) of the sex offenses, domestic violence, 8 dating violence, and stalking incidents required 9 to be reported under this subsection, how many 10 involved a victim who was an individual with a 11 disability.’’; and 12 (B) in subparagraph (J)— 13 (i) in clause (ii), by striking ‘‘and’’ 14 after the semicolon; 15 (ii) by redesignating clause (iii) as 16 clause (iv); and 17 (iii) by inserting after clause (ii) the 18 following: 19 ‘‘(iii) ensure that such emergency re- 20 sponse and evacuation procedures take into 21 account the needs of students and staff 22 with disabilities; and’’; 23 (2) by redesignating paragraphs (2) through 24 (18) as paragraphs (3) through (19), respectively; 25 VerDate Sep 11 2014 03:28 Apr 06, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S984.IS S984 kjohnson on DSK79L0C42 with BILLS 3 •S 984 IS (3) by inserting after paragraph (1) the fol- 1 lowing: 2 ‘‘(2) All reports, materials and information provided 3 in accordance with this subsection shall be available in a 4 timely manner in accessible formats for individuals with 5 disabilities, including those individuals who are blind or 6 deaf or have cognitive, intellectual, or communication dis- 7 abilities.’’; 8 (4) in paragraph (7)(A), as redesignated by 9 paragraph (2)— 10 (A) by redesignating clauses (iii) through 11 (v) as clauses (iv) through (vi), respectively; 12 and 13 (B) by inserting after clause (ii) the fol- 14 lowing: 15 ‘‘(iii) The term ‘disability’ has the meaning 16 given such term in section 3 of the Americans with 17 Disabilities Act of 1990 (42 U.S.C. 12102).’’; and 18 (5) in paragraph (9), as redesignated by para- 19 graph (2)— 20 (A) in subparagraph (B)— 21 (i) in clause (i)— 22 (I) in subclause (I)— 23 (aa) in item (ee), by striking 24 ‘‘and’’ after the semicolon and in- 25 VerDate Sep 11 2014 03:28 Apr 06, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S984.IS S984 kjohnson on DSK79L0C42 with BILLS 4 •S 984 IS serting ‘‘, including abusive be- 1 havior and attacks targeting indi- 2 viduals with disabilities; and’’; 3 and 4 (bb) in item (ff), by striking 5 ‘‘(vii); and’’ and inserting 6 ‘‘(viii);’’; 7 (II) in subclause (II), by striking 8 the period at the end and inserting a 9 semicolon; and 10 (III) by adding at the end the 11 following: 12 ‘‘(III) an assurance that all prevention and 13 awareness programs and materials are acces- 14 sible to, and inclusive of the needs of, individ- 15 uals with disabilities, including those who are 16 deaf or blind or have cognitive, intellectual, or 17 communication disabilities; and 18 ‘‘(IV) an assurance that campus security 19 personnel and other individuals responsible for 20 the provision of information or resources under 21 this subsection receive training about working 22 with individuals with disabilities.’’; 23 (ii) in the matter preceding subclause 24 (I) of clause (iii), by inserting ‘‘and in such 25 VerDate Sep 11 2014 03:28 Apr 06, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S984.IS S984 kjohnson on DSK79L0C42 with BILLS 5 •S 984 IS formats as are necessary to ensure their 1 accessibility to individuals with disabil- 2 ities,’’ after ‘‘writing’’; 3 (iii) in clause (iv)— 4 (I) in subclause (I)— 5 (aa) in item (aa), by striking 6 ‘‘and’’ after the semicolon; and 7 (bb) by inserting after item 8 (bb) the following: 9 ‘‘(cc) be conducted by officials who re- 10 ceive annual training on how to conduct an 11 investigation and hearing process with an 12 accuser or an accused who has a disability, 13 including individuals who are blind or deaf 14 or have cognitive, intellectual, or commu- 15 nication disabilities; and 16 ‘‘(dd) be accessible to individuals with 17 disabilities, including individuals who are 18 blind, deaf, or have cognitive, intellectual, 19 or communication disabilities;’’; 20 (II) in subclause (II)— 21 (aa) by striking ‘‘the ac- 22 cuser’’ and inserting ‘‘with re- 23 spect to such proceedings— 24 ‘‘(aa) the accuser’’; and 25 VerDate Sep 11 2014 03:28 Apr 06, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S984.IS S984 kjohnson on DSK79L0C42 with BILLS 6 •S 984 IS (bb) by inserting after item 1 (aa), as added by item (aa), the 2 following: 3 ‘‘(bb) an accuser or an accused with a 4 disability who discloses such disability is 5 also entitled to be accompanied to any 6 such meeting or proceeding by an inter- 7 preter, transliterator, or other individual 8 providing communication assistance serv- 9 ices, provided by the institution in accord- 10 ance with section 504 of the Rehabilitation 11 Act of 1973 (29 U.S.C. 794) and the 12 Americans with Disabilities Act of 1990 13 (42 U.S.C. 12101 et seq.), to ensure the 14 accuser or accused’s ability to fully partici- 15 pate; and 16 ‘‘(cc) the accuser and the accused are 17 entitled to the same opportunities to re- 18 quest accommodations related to their dis- 19 abilities; and’’; and 20 (III) in subclause (III), in the 21 matter preceding item (aa), by insert- 22 ing ‘‘and in such accessible format as 23 is required in the case of an accuser 24 or an accused individual with a dis- 25 VerDate Sep 11 2014 03:28 Apr 06, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S984.IS S984 kjohnson on DSK79L0C42 with BILLS 7 •S 984 IS ability’’ following ‘‘shall be simulta- 1 neously informed, in writing’’; and 2 (iv) by adding after clause (vii) the 3 following: 4 ‘‘(viii) Information about the accommodations 5 available to individuals with disabilities with respect 6 to such programs and procedures, how individuals 7 with disabilities may request such accommodations, 8 and an assurance that such accommodations will be 9 provided in a timely manner such that access to pro- 10 grams and the timing of procedures under this sub- 11 paragraph shall not be substantially impeded.’’; 12 (B) in subparagraph (C), by striking 13 ‘‘(vii)’’ and inserting ‘‘(viii)’’; and 14 (C) by inserting after subparagraph (C) 15 the following: 16 ‘‘(D) All materials, websites, and other 17 forms of communication associated with the 18 policy described in subparagraph (A) shall be 19 provided in accessible formats for individuals 20 with disabilities, including those individuals who 21 are deaf, blind, or have cognitive, intellectual, 22 or communication disabilities. Provision of such 23 accessible formats shall be timely and shall in- 24 clude procedures for addressing problems and 25 VerDate Sep 11 2014 03:28 Apr 06, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S984.IS S984 kjohnson on DSK79L0C42 with BILLS 8 •S 984 IS failures of any accessibility technology in- 1 volved.’’. 2 (b) TECHNICAL CORRECTION.—Section 3 120(a)(2)(B)(i) of the Higher Education Act of 1965 (20 4 U.S.C. 1011i(a)(2)(B)(i)) is amended by striking 5 ‘‘485(f)(6)’’ and inserting ‘‘485(f)(7)’’. 6 Æ VerDate Sep 11 2014 03:28 Apr 06, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\S984.IS S984 kjohnson on DSK79L0C42 with BILLS