Tyler Clementi Higher Education Anti-Harassment Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 2747 To prevent harassment at institutions of higher education, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 15, 2019 Mr. POCAN (for himself, Mr. CARBAJAL, Mr. CICILLINE, Mr. CRIST, Mr. DEUTCH, Ms. NORTON, Mr. KILMER, Mr. LOWENTHAL, Ms. MCCOLLUM, Mr. MOULTON, Mr. PANETTA, Mr. PETERS, Miss RICE of New York, Mr. RYAN, Mr. SWALWELL of California, Ms. TITUS, Ms. WASSERMAN SCHULTZ, Mr. PAPPAS, Mr. SCHIFF, Ms. DELBENE, Mr. ENGEL, Mrs. CAROLYN B. MALONEY of New York, Mr. PALLONE, Ms. SCHAKOWSKY, Mr. LARSEN of Washington, Ms. MENG, Ms. MOORE, Ms. BROWNLEY of California, Mrs. DAVIS of California, Mr. GRIJALVA, Mr. GARAMENDI, Mr. CA´RDENAS, Mr. THOMPSON of California, Ms. JAYAPAL, Ms. SCAN- LON, Mr. TED LIEU of California, Ms. ESHOO, Mrs. WATSON COLEMAN, Mr. SOTO, Ms. BONAMICI, Mr. SEAN PATRICK MALONEY of New York, Mr. COHEN, Mrs. CRAIG, Ms. JACKSON LEE, Mr. NADLER, Mrs. HAYES, Mr. MORELLE, and Ms. ROYBAL-ALLARD) introduced the following bill; which was referred to the Committee on Education and Labor A BILL To prevent harassment at institutions of higher education, 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 VerDate Sep 11 2014 04:41 May 29, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2747.IH H2747 kjohnson on DSK79L0C42 with BILLS 2 •HR 2747 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Tyler Clementi Higher 2 Education Anti-Harassment Act of 2019’’. 3 SEC. 2. INSTITUTIONAL AND FINANCIAL ASSISTANCE IN- 4 FORMATION FOR STUDENTS. 5 Section 485(f) of the Higher Education Act of 1965 6 (20 U.S.C. 1092(f)) is amended— 7 (1) by striking the subsection heading and in- 8 serting ‘‘DISCLOSURE OF CAMPUS SECURITY AND 9 HARASSMENT POLICY AND CAMPUS CRIME STATIS- 10 TICS.’’; 11 (2) in paragraph (6)(A)— 12 (A) by redesignating clauses (iii), (iv), and 13 (v), as clauses (vi), (vii), and (viii), respectively; 14 and 15 (B) by inserting after clause (ii) the fol- 16 lowing: 17 ‘‘(iii) The term ‘commercial mobile service’ has 18 the meaning given the term in section 332(d) of the 19 Communications Act of 1934 (47 U.S.C. 332(d)). 20 ‘‘(iv) The term ‘electronic communication’ 21 means any transfer of signs, signals, writing, im- 22 ages, sounds, or data of any nature transmitted in 23 whole or in part by a wire, radio, electromagnetic, 24 photoelectronic, or photooptical system. 25 VerDate Sep 11 2014 04:41 May 29, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2747.IH H2747 kjohnson on DSK79L0C42 with BILLS 3 •HR 2747 IH ‘‘(v) The term ‘electronic messaging services’ 1 has the meaning given the term in section 102 of the 2 Communications Assistance for Law Enforcement 3 Act (47 U.S.C. 1001).’’; 4 (3) by redesignating paragraphs (9) through 5 (18) as paragraphs (10) through (19), respectively; 6 and 7 (4) by inserting after paragraph (8) the fol- 8 lowing: 9 ‘‘(9)(A) Each institution of higher education partici- 10 pating in any program under this title, other than a for- 11 eign institution of higher education, shall develop and dis- 12 tribute as part of the report described in paragraph (1)— 13 ‘‘(i) a statement of policy regarding harassment 14 on the basis of a student’s actual or perceived race, 15 color, national origin, sex (including sexual orienta- 16 tion, gender identity, pregnancy, childbirth, a med- 17 ical condition related to pregnancy or childbirth, and 18 a sex stereotype), disability, or religion, which shall 19 include— 20 ‘‘(I) a prohibition of such harassment of 21 enrolled students by other students, faculty, 22 and staff— 23 ‘‘(aa) on campus; 24 VerDate Sep 11 2014 04:41 May 29, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2747.IH H2747 kjohnson on DSK79L0C42 with BILLS 4 •HR 2747 IH ‘‘(bb) in noncampus buildings or on 1 noncampus property; 2 ‘‘(cc) on public property; 3 ‘‘(dd) in dormitories or other residen- 4 tial facilities for students on campus; 5 ‘‘(ee) through the use of electronic 6 mail addresses issued by the institution of 7 higher education; 8 ‘‘(ff) through the use of computers 9 and communication networks, including 10 any telecommunications service, owned, op- 11 erated, or contracted for use by the institu- 12 tion of higher education or its agents; or 13 ‘‘(gg) during an activity sponsored by 14 the institution of higher education or car- 15 ried out with the use of resources provided 16 by the institution of higher education; 17 ‘‘(II) a prohibition of such harassment that 18 is carried out in whole or in part through the 19 use of electronic messaging services, commercial 20 mobile services, electronic communications, or 21 other technology; 22 ‘‘(III) a description of the institution’s pro- 23 grams to combat harassment, which shall be 24 aimed at the prevention of harassment; 25 VerDate Sep 11 2014 04:41 May 29, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2747.IH H2747 kjohnson on DSK79L0C42 with BILLS 5 •HR 2747 IH ‘‘(IV) a description of the procedures that 1 a student should follow if an incident of harass- 2 ment occurs; and 3 ‘‘(V) a description of the procedures that 4 the institution will follow once an incident of 5 harassment has been reported; and 6 ‘‘(ii) a detailed description of each occasion in 7 which a pattern of harassment occurs based on one 8 or more of the characteristics described in clause (i) 9 and the actions taken by the institution of higher 10 education. 11 ‘‘(B) The statement of policy described in subpara- 12 graph (A)(i) shall address the following areas: 13 ‘‘(i) Procedures for timely institutional action in 14 cases of alleged harassment, which procedures shall 15 include a clear statement that the accuser and the 16 accused shall be informed of the outcome of any dis- 17 ciplinary proceedings in response to an allegation of 18 harassment. 19 ‘‘(ii) Possible sanctions to be imposed following 20 the final determination of an institutional discipli- 21 nary procedure regarding harassment. 22 ‘‘(iii) Notification of existing counseling, mental 23 health, or student services for victims or perpetra- 24 VerDate Sep 11 2014 04:41 May 29, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2747.IH H2747 kjohnson on DSK79L0C42 with BILLS 6 •HR 2747 IH tors of harassment, both on campus and in the com- 1 munity. 2 ‘‘(iv) Identification of a designated employee or 3 office at the institution that will be responsible for 4 receiving and tracking each report of harassment by 5 a student, faculty, or staff member.’’. 6 SEC. 3. ANTI-HARASSMENT COMPETITIVE GRANT PRO- 7 GRAM. 8 (a) DEFINITIONS.—In this section: 9 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti- 10 ty’’ means— 11 (A) an institution of higher education, in- 12 cluding an institution of higher education in a 13 collaborative partnership with a nonprofit orga- 14 nization; or 15 (B) a consortium of institutions of higher 16 education located in the same State. 17 (2) SECRETARY.—The term ‘‘Secretary’’ means 18 the Secretary of Education. 19 (b) PROGRAM AUTHORIZED.—The Secretary is au- 20 thorized to award grants, on a competitive basis, to eligible 21 entities to enable eligible entities to carry out the author- 22 ized activities described in subsection (d). 23 (c) AMOUNT OF GRANT AWARDS.—The Secretary 24 shall ensure that each grant awarded under this section 25 VerDate Sep 11 2014 04:41 May 29, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2747.IH H2747 kjohnson on DSK79L0C42 with BILLS 7 •HR 2747 IH is of sufficient amount to enable the grantee to meet the 1 purpose of this section. 2 (d) AUTHORIZED ACTIVITIES.—An eligible entity 3 that receives a grant under this section shall use the funds 4 made available through the grant to address harassment 5 on the basis of one or more of the characteristics described 6 in section 485(f)(9)(A)(i) of the Higher Education Act of 7 1965 (20 U.S.C. 1092(f)(9)(A)(i)), as amended by section 8 2 of this Act, by initiating, expanding, or improving pro- 9 grams— 10 (1) to prevent the harassment of students at in- 11 stitutions of higher education; 12 (2) at institutions of higher education that pro- 13 vide counseling or redress services to students who 14 have suffered such harassment or students who have 15 been accused of subjecting other students to such 16 harassment; or 17 (3) that educate or train students, faculty, or 18 staff of institutions of higher education about ways 19 to prevent harassment or ways to address such har- 20 assment if it occurs. 21 (e) APPLICATION.—To be eligible to receive a grant 22 under this section, an eligible entity shall submit an appli- 23 cation to the Secretary at such time, in such manner, and 24 VerDate Sep 11 2014 04:41 May 29, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2747.IH H2747 kjohnson on DSK79L0C42 with BILLS 8 •HR 2747 IH containing such information, as the Secretary may re- 1 quire. 2 (f) DURATION; RENEWAL.—A grant under this sec- 3 tion shall be awarded for a period of not more than 3 4 years. The Secretary may renew a grant under this section 5 for one additional period of not more than 2 years. 6 (g) AWARD CONSIDERATIONS.—In awarding a grant 7 under this section, the Secretary shall select eligible enti- 8 ties that demonstrate the greatest need for a grant and 9 the greatest potential benefit from receipt of a grant. 10 (h) REPORT AND EVALUATION.— 11 (1) EVALUATION AND REPORT TO THE SEC- 12 RETARY.—Not later than 6 months after the end of 13 the eligible entity’s grant period, the eligible entity 14 shall— 15 (A) evaluate the effectiveness of the activi- 16 ties carried out with the use of funds awarded 17 pursuant to this section; and 18 (B) prepare and submit to the Secretary a 19 report on the results of the evaluation con- 20 ducted by the entity. 21 (2) EVALUATION AND REPORT TO CONGRESS.— 22 Not later than 12 months after the date of receipt 23 of the first report submitted pursuant to paragraph 24 (1) and annually thereafter, the Secretary shall pro- 25 VerDate Sep 11 2014 04:41 May 29, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2747.IH H2747 kjohnson on DSK79L0C42 with BILLS 9 •HR 2747 IH vide to the Committee on Health, Education, Labor, 1 and Pensions of the Senate and the Committee on 2 Education and Labor of the House of Representa- 3 tives a report that includes the following: 4 (A) The number and types of eligible enti- 5 ties receiving assistance under this section. 6 (B) The anti-harassment programs being 7 implemented with assistance under this section 8 and the costs of such programs. 9 (C) Any other information determined by 10 the Secretary to be useful in evaluating the 11 overall effectiveness of the program established 12 under this section in decreasing incidents of 13 harassment at institutions of higher education. 14 (3) BEST PRACTICES REPORT.—The Secretary 15 shall use the information provided under paragraph 16 (1) to publish a report of evidence-based best prac- 17 tices for combating harassment at institutions of 18 higher education, which shall be based on scientific 19 research that meets nationally recognized standards. 20 The report shall be made available to all institutions 21 of higher education and other interested parties. 22 (i) AUTHORIZATION OF APPROPRIATIONS.—There 23 are authorized to be appropriated to carry out this section 24 $50,000,000 for each of fiscal years 2020 through 2025. 25 VerDate Sep 11 2014 04:41 May 29, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2747.IH H2747 kjohnson on DSK79L0C42 with BILLS 10 •HR 2747 IH SEC. 4. EFFECT ON OTHER LAWS. 1 Nothing in this Act shall be construed to invalidate 2 or limit rights, remedies, procedures, or legal standards 3 available under any other Federal law or law of a State 4 or political subdivision of a State, including title VI of the 5 Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title 6 IX of the Education Amendments of 1972 (20 U.S.C. 7 1681 et seq.), section 504 or 505 of the Rehabilitation 8 Act of 1973 (29 U.S.C. 794, 794a), or the Americans with 9 Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). The 10 obligations imposed by this Act are in addition to those 11 imposed by title VI of the Civil Rights Act of 1964 (42 12 U.S.C. 2000d et seq.), title IX of the Education Amend- 13 ments of 1972 (20 U.S.C. 1681 et seq.), section 504 of 14 the Rehabilitation Act of 1973 (29 U.S.C. 794), and the 15 Americans with Disabilities Act of 1990 (42 U.S.C. 12101 16 et seq.). 17 Æ VerDate Sep 11 2014 04:41 May 29, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\H2747.IH H2747 kjohnson on DSK79L0C42 with BILLS