HouseH.R. 10761119th Congress
Campus Accountability and Safety Act of 2026
Full Text
Official text as published. Use Ctrl+F / Cmd+F to search within the document.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10761 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 10761
To amend the Jeanne Clery Campus Safety Act to combat campus sexual
assault, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 6, 2026
Mr. Khanna (for himself, Mr. Fitzpatrick, Mr. Landsman, Ms. Lois
Frankel of Florida, Ms. DelBene, and Ms. Wasserman Schultz) introduced
the following bill; which was referred to the Committee on Education
and Workforce, and in addition to the Committee on the Judiciary, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To amend the Jeanne Clery Campus Safety Act to combat campus sexual
assault, and for other purposes.
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 Accountability and Safety Act
of 2026''.
SEC. 2. AMENDMENTS TO THE CLERY ACT.
Section 485(f) of the Higher Education Act of 1965 (20 U.S.C.
1092(f)) (known as the ``Jeanne Clery Campus Safety Act'') is amended--
(1) in paragraph (1)--
(A) by inserting ``which shall include, at a
minimum, publication in an easily accessible manner and
available in different languages, to be prominently
displayed on the website of the institution,'' after
``through appropriate publications or mailings,'';
(B) in subparagraph (C)--
(i) by striking clause (ii) and inserting
the following:
``(ii) if applicable, any memorandum of
understanding between the institution and law
enforcement, or a description of the working
relationship between the institution, campus security
personnel, or campus law enforcement and State or local
law enforcement agencies; and''; and
(ii) by moving the margins of clauses (i)
and (iii) 2 ems to the left;
(C) in subparagraph (F)--
(i) in clause (i)--
(I) by redesignating subclauses
(III) through (IX) as subclauses (VI)
through (XII); and
(II) by striking subclause (II) and
inserting the following:
``(II) rape;
``(III) fondling;
``(IV) incest;
``(V) statutory rape;''; and
(ii) in clause (ii), by striking
``subclauses (I) through (VIII) of clause (i)''
and inserting ``subclauses (I) through (XI) of
clause (i)''; and
(D) by adding at the end the following:
``(M)(i) With respect to the criminal activity described in
subclauses (II) and (III) of subparagraph (F)(i), the eligible
institution shall prepare for the annual security report that
is due on the date that is 1 year after the date of enactment
of the Campus Accountability and Safety Act, and annually
thereafter, the following additions:
``(I) The number of such incidents where the
respondent is a student at the institution.
``(II) Of the incidents described in subclause (I),
the number of such incidents that were reported to the
title IX coordinator or other higher education
responsible employee of the institution.
``(III) Of the incidents described in subclause
(II), the number of victims who sought campus
disciplinary action at the institution.
``(IV) Of the victims described in subclause (III),
the number of cases processed through the student and
employee disciplinary process of the institution.
``(V) Of the cases described in subclause (IV), the
number of respondents who were found responsible
through the student disciplinary process of the
institution.
``(VI) Of the cases described in subclause (IV),
the number of respondents who were found not
responsible through the student disciplinary process of
the institution.
``(VII) A description of the final sanctions
imposed by the institution for each incident for which
a respondent was found responsible through the student
disciplinary process of the institution, if such
description will not reveal personally identifiable
information about an individual student.
``(VIII) The number of student disciplinary
proceedings at the institution that have closed without
resolution since the previous annual security report
due to withdrawal from the institution of higher
education by the respondent pending resolution of the
student disciplinary proceeding.
``(ii) The Secretary shall provide technical assistance to
eligible institutions to assist such institutions in meeting
the requirements of this subparagraph.'';
(2) in paragraph (6)(A), by adding at the end the
following:
``(viii) The term `complainant' means an individual who is
alleged to be the victim of conduct that could constitute
domestic violence, dating violence, sexual assault, sexual
harassment, or stalking.
``(ix) The term `respondent' means an individual who is
alleged to be the perpetrator of conduct that could constitute
domestic violence, dating violence, sexual assault, sexual
harassment, or stalking.
``(x) The term `title IX coordinator' has the meaning given
to the individual designated as a responsible employee in
section 106.8(a) of title 34, Code of Federal Regulations, as
such section is in effect on the date of enactment of the
Campus Accountability and Safety Act.
``(xi) The term `higher education responsible employee'
means an employee of an institution of higher education who--
``(I) has the authority to take action to redress
domestic violence, dating violence, sexual assault,
sexual harassment, or stalking; or
``(II) has the duty to report domestic violence,
dating violence, sexual assault, sexual harassment, or
stalking or any other misconduct by students or
employees to appropriate school officials.'';
(3) by striking paragraph (7) and inserting the following:
``(7) The statistics described in clauses (i), (ii), and (iii) of
paragraph (1)(F)--
``(A) shall not identify complainants or respondents or
contain any other information from which complainants or
respondents could be identified; and
``(B) shall be compiled in accordance with the following
definitions:
``(i) 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 (34 U.S.C. 12291(a)).
``(ii) For the offense of rape, such statistics
shall be compiled in accordance with the definition of
rape as the penetration, no matter how slight, of the
vagina or anus with any body part or object, or oral
penetration by a sex organ of another person, without
the consent of the victim.
``(iii) For the offenses of fondling, incest, and
statutory rape, such statistics shall be compiled in
accordance with the definition used in the National
Incident Based Reporting System.
``(iv) For offenses not described in clause (i),
(ii), or (iii), such statistics shall be compiled in
accordance with the Uniform Crime Reporting Program of
the Department of Justice, Federal Bureau of
Investigation, and the modifications to such
definitions as implemented pursuant to the Hate Crime
Statistics Act (34 U.S.C. 41305).''; and
(4) in paragraph (8)(B)--
(A) in clause (i)--
(i) in the matter preceding subclause (I),
by inserting ``, developed in consultation with
local, State, or national sexual assault,
dating violence, domestic violence, and
stalking victim advocacy, victim services, or
prevention organizations, and local law
enforcement,'' after ``Education programs'';
and
(ii) in subclause (I)(aa), by inserting ``,
including the fact that these are crimes for
the purposes of this subsection and reporting
under this subsection, and the institution of
higher education will, based on the
complainant's wishes, cooperate with local law
enforcement with respect to any alleged
criminal offenses involving students or
employees of the institution of higher
education, including by notifying and obtaining
written consent from a complainant who has been
fully and accurately informed about what
procedures shall occur if information is
shared, when the institution of higher
education seeks to share information regarding
an alleged criminal offenses with a law
enforcement agency'' after ``stalking''; and
(B) in clause (iv)--
(i) by redesignating subclauses (II) and
(III) as subclauses (III) and (IV),
respectively;
(ii) by inserting after subclause (I) the
following:
``(II) the institution will comply with the
requirements of paragraph (20)(B), and shall include a
description of such requirements;''; and
(iii) in subclause (IV), as redesignated by
clause (i), in item (bb), by inserting
``simultaneously with the notification of the
outcome described in item (aa),'' before ``the
institution's''.
SEC. 3. TRANSPARENCY.
Section 485(f) of the Higher Education Act of 1965 (20 U.S.C.
1092(f)) (known as the ``Jeanne Clery Campus Safety Act''), as amended
by this Act, is further amended--
(1) by redesignating paragraph (19) as paragraph (21); and
(2) by inserting after paragraph (18) the following new
paragraph:
``(19) The Secretary shall ensure there is a publicly available,
searchable, accessible, and user-friendly campus safety website that
includes the following:
``(A) A brief description of the role of the title IX
coordinator for each institution of higher education receiving
funds under this Act and the roles of other officials who may
be contacted to discuss or report sexual harassment.
``(B) A brief description of the role of the sexual and
interpersonal violence specialist and the name and contact
information of the specialist for each institution of higher
education receiving funds under this Act.
``(C) The Department's pending investigations, enforcement
actions, letters of finding, final resolutions, and voluntary
resolution agreements for all media audits, complaints, and
compliance reviews under this subsection and under title IX of
the Education Amendments of 1972 (20 U.S.C. 1681) related to
sexual harassment. The Secretary shall indicate whether the
investigation, action, letter, resolution, or agreement is
based on a complaint or compliance review. The Secretary shall
make the information under this subparagraph available
regarding a complaint once the Department receives a written
complaint, and conducts an initial evaluation, and has
determined that the complaint should be opened for
investigation of an allegation that, if substantiated, would
constitute a violation of such title IX or this subsection. In
carrying out this subparagraph, the Secretary shall ensure that
personally identifiable information is not reported and shall
comply with section 444 of the General Education Provisions Act
(20 U.S.C. 1232g), commonly known as the `Family Educational
Rights and Privacy Act of 1974'.
``(D) The download of data that institutions of higher
education subject to this subsection are required to report
under this Act.
``(E) Information regarding how to file complaints with the
Department related to alleged violations of title IX of the
Education Amendments of 1972 (20 U.S.C. 1681) and of this
subsection.
``(F) Information regarding the Department's policies for
reviewing complaints, initiating compliance reviews, and
conducting and resolving investigations related to alleged
violations of title IX of the Education Amendments of 1972 (20
U.S.C. 1681) and of this subsection. This information shall
include--
``(i) the contact information for at least one
individual at the Department who can answer questions
from institutions of higher education, complainants,
and other interested parties about such policies;
``(ii) potential outcomes of an investigation; and
``(iii) the expected timeframe for resolution of an
investigation and any circumstance that may change such
timeframe.''.
SEC. 4. UNIVERSITY SUPPORT FOR SURVIVORS OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, SEXUAL HARASSMENT, AND
STALKING.
(a) In General.--Section 485(f) of the Higher Education Act of 1965
(20 U.S.C. 1092(f)) (known as the ``Jeanne Clery Campus Safety Act''),
as amended by this Act, is further amended by inserting after paragraph
(19), as amended by section 3 of this Act, the following:
``(20) University Support for Survivors of Domestic Violence,
Dating Violence, Sexual Assault, Sexual Harassment, and Stalking.--
``(A) Victim-centered, trauma-informed interview
techniques.--In this paragraph, the term `victim-centered,
trauma-informed interview techniques' means asking questions of
an individual who reports that the individual has been a victim
of domestic violence, dating violence, sexual assault, sexual
harassment, or stalking, in a manner that is focused on the
experience of the victim, does not judge or blame the victim
for the alleged act, is informed by evidence-based research on
the neurobiology of trauma, and contains information on
cultural competence based on practices of rape crisis centers,
victim advocacy centers, sexual assault response teams, title
IX offices, and similar groups, including organizations that
work with underserved populations (as defined in section 40002
of the Violence Against Women Act of 1994 (34 U.S.C. 12291)).
``(B) Campus security policy.--Each institution of higher
education that receives funds under this Act, shall establish a
campus security policy that includes the following:
``(i) Sexual and interpersonal violence
specialists.--The designation of one or more sexual and
interpersonal violence specialists at the institution
to whom student complainants of domestic violence,
dating violence, sexual assault, sexual harassment, or
stalking can report, including anonymously, which shall
be part of a policy that complies with the following:
``(I) The sexual and interpersonal violence
specialist--
``(aa) shall not be an
undergraduate student, a full-time
graduate student, an employee
designated as a higher education
responsible employee, any individual
designated with responsibilities as a
campus security authority, or the title
IX coordinator;
``(bb) may have other roles at the
institution;
``(cc) shall be appointed based on
experience and a demonstrated ability
of the individual to effectively
provide trauma-informed victim services
related to domestic violence, dating
violence, sexual assault, sexual
harassment, and stalking, including to
underserved populations (as defined in
section 40002 of the Violence Against
Women Act of 1994 (34 U.S.C. 12291));
``(dd) shall be supervised by an
individual outside the body responsible
for investigating and adjudicating
complaints at the institution related
to domestic violence, dating violence,
sexual assault, sexual harassment, and
stalking;
``(ee) shall not serve as an
advisor under paragraph
(8)(B)(iv)(III); and
``(ff) shall not be required to
report allegations as a campus security
authority under this subsection.
``(II) The Secretary shall designate
categories of employees that may serve as
sexual and interpersonal violence specialists,
such as health care staff, clergy, staff of a
women's center, or other such categories, and
specify under what conditions individuals may
go through training to obtain victim advocate
privilege in States with applicable laws. Such
designation shall not preclude the institution
from designating other employees or partnering
with national, State, or local victim services
organizations to serve as sexual and
interpersonal violence specialists or to serve
in other confidential roles.
``(III) The sexual and interpersonal
violence specialist shall complete the training
requirements described in clause (v) and
subclause (IV) within a reasonable time after
being designated as a sexual and interpersonal
violence specialist.
``(IV) The Secretary shall develop online
training materials, in addition to the training
required under clause (v), not later than 1
year after the date of enactment of the Campus
Accountability and Safety Act, for the training
of sexual and interpersonal violence
specialists.
``(V) The sexual and interpersonal violence
specialist shall inform the complainant in a
victim-centered, trauma-informed manner,
including in a written format--
``(aa) of the complainant's rights
under Federal and State law;
``(bb) of the complainant's rights
and options pursuant to the policy that
the institution of higher education has
developed pursuant to clauses (ii)
through (vii) of paragraph (8)(B);
``(cc) of the complainant's
reporting options, including the option
to notify a higher education
responsible employee, the option to
notify local law enforcement, and any
other reporting options;
``(dd) a description of the process
of investigation and any disciplinary
proceeding of the institution that may
follow notification of a higher
education responsible employee;
``(ee) a description of the process
of civil investigation and adjudication
of the criminal justice system that may
follow notification of law enforcement;
``(ff) a description of the
jurisdiction, scope, and possible
sanctions of the student and employee
disciplinary process of the institution
of higher education and of the criminal
justice process, including any possible
sanctions for complainants, such as
laws regarding false reporting, in a
victim-centered and trauma-informed
manner;
``(gg) that the student
disciplinary process of the institution
of higher education in not equivalent
to, and should not be considered a
substitute for, the criminal justice
process;
``(hh) any limitations on the
ability of the sexual and interpersonal
violence specialist to provide privacy
or confidentiality to the complainant
under the policies of the institution
of higher education, Federal law, or
State law;
``(ii) of a list of local rape
crisis centers, victim advocacy
centers, sexual and interpersonal
violence teams, title IX offices, or
similar groups that are based on or
near campus and can reasonably be
expected to act as a resource for the
student; and
``(jj) the potential risk of re-
traumatization in repeating the events
of a reported crime and available
campus resources for related support
services.
``(VI) The sexual and interpersonal
violence specialist may, as appropriate--
``(aa) serve as a liaison between a
complainant and a higher education
responsible employee or law
enforcement, provided the sexual and
interpersonal violence specialist has
obtained written consent from the
complainant who has been fully and
accurately informed about what
procedures shall occur if information
is shared; and
``(bb) assist a complainant in
contacting and reporting to a higher
education responsible employee or law
enforcement.
``(VII) The sexual and interpersonal
violence specialist shall be authorized by the
institution to liaise with appropriate staff at
the institution to arrange reasonable
accommodations through the institution to allow
the complainant to change living or academic
arrangements or class schedules, obtain
accessibility services (including
transportation and language services), or
arrange other accommodations for the
complainant. The institution may not require
that the complainant report to a law
enforcement agency as a condition to grant such
accommodations.
``(VIII) The sexual and interpersonal
violence specialist shall not be obligated to
identify a complainant or respondent, unless
otherwise required to do so by State or local
law. The sexual and interpersonal violence
specialist shall, to the extent authorized
under State law, provide confidential services.
``(IX) The institution shall designate as a
sexual and interpersonal violence specialist an
individual who has victim advocate privilege
under State law (including receipt of any
applicable State-required training for that
purpose) if there is such an individual
employed by the institution. The institution
may partner through a formal agreement with an
outside organization with the experience
described in subclause (I)(cc), such as a
community-based rape crisis center or other
community-based sexual assault service
provider, to provide the services described in
this clause.
``(X) The sexual and interpersonal violence
specialist shall collect and report anonymized
statistics, on an annual basis, unless
prohibited by State law. The sexual and
interpersonal violence specialist shall ensure
that such reports do not include identifying
information and that the confidentiality of a
complainant or respondent is not jeopardized
through the reporting of such statistics. Any
requests for accommodations, as described in
subclause (VII), made by a sexual and
interpersonal violence specialist shall not
trigger an investigation by the institution,
even if the sexual and interpersonal violence
specialist deals only with matters relating to
domestic violence, dating violence, sexual
assault, sexual harassment, and stalking.
``(XI) The institution shall appoint an
adequate number of sexual and interpersonal
violence specialists not later than the earlier
of--
``(aa) 1 year after the Secretary
determines through a negotiated
rulemaking process what an adequate
number of sexual and interpersonal
violence specialists is for an
institution based on its size; or
``(bb) 3 years after the date of
enactment of the Campus Accountability
and Safety Act.
``(XII) As part of the negotiated
rulemaking process described in subclause
(XI)(aa), the Secretary shall determine a
process to allow institutions that enroll fewer
than 1,000 students to partner with another
institution of higher education in their region
or State to provide the services described in
this clause while ensuring that students
continue to have adequate access to the
services and support provided by a sexual and
interpersonal violence specialist.
``(XIII) The institution shall not
discipline, penalize, or otherwise retaliate
against an individual who reports, in good
faith, domestic violence, dating violence,
sexual assault, sexual harassment, or stalking
to the sexual and interpersonal violence
specialist.
``(XIV) Each employee of an institution who
receives a report of domestic violence, dating
violence, sexual assault, sexual harassment, or
stalking shall notify the reporting individual
of the existence of, contact information for,
and services provided by sexual and
interpersonal violence specialist of the
institution.
``(ii) Information on the institution's website.--
The institution shall list on its website--
``(I) the name and contact information for
the sexual and interpersonal violence
specialist;
``(II) reporting options, including
confidential options, for complainants of
domestic violence, dating violence, sexual
assault, sexual harassment, or stalking;
``(III) the process of investigation and
disciplinary proceedings of the institution;
``(IV) the process of investigation and
adjudication of the criminal justice system;
``(V) potential reasonable accommodations
that the institution may provide to a
complainant, as described in clause (i)(VII);
``(VI) the telephone number and website
address for a local, State, or national hotline
providing information to complainants (which
shall be clearly communicated on the website
and shall be updated on a timely basis);
``(VII) the name and location of the
nearest medical facility where an individual
may have a medical forensic examination
administered by a trained sexual assault
medical professional, including information on
transportation options and available
reimbursement for a visit to such facility;
``(VIII) the institution's amnesty and
retaliation policies; and
``(IX) a list of local rape crisis centers,
victim advocacy centers, sexual assault
response teams, title IX offices, or similar
groups that are based on or near campus and can
reasonably be expected to act as a resource for
the student.
``(iii) Online reporting.--The institution may
provide an online reporting system to collect anonymous
disclosures of crimes and track patterns of crime on
campus. An individual may submit an anonymous report,
if they choose to do so, about a specific crime to the
institution using the online reporting system, but the
institution is only obligated to investigate a specific
crime if an individual decides to report the crime to a
higher education responsible employee or law
enforcement. If the institution uses an online
reporting system, the online system shall also include
information about how to report a crime to a higher
education responsible employee and to law enforcement
and how to contact a sexual and interpersonal violence
specialist and any other appropriate on- or off-campus
resource.
``(iv) Amnesty policy.--
``(I) In general.--The institution may, to
the extent practicable, provide an amnesty
policy for any student who reports, in good
faith, domestic violence, dating violence,
sexual assault, sexual harassment, or stalking
to an institution official, such that the
reporting student will not be sanctioned by the
institution for a student conduct violation
related to--
``(aa) physical violence or assault
as a defense against domestic violence,
dating violence, sexual assault, sexual
harassment, or stalking; or
``(bb) alcohol use or drug use that
is revealed in the course of such a
report and that occurred at or near the
time of the commission of the domestic
violence, dating violence, sexual
assault, sexual harassment, or
stalking.
``(II) Good faith.--A determination of
whether a report is made in good faith--
``(aa) shall be made in accordance
with regulations established by the
Secretary through a negotiated
rulemaking process; and
``(bb) shall not include a
presumptive finding that a student did
not act in good faith based solely on
the institution not initiating a
disciplinary proceeding based on the
student's report.
``(III) No preemption.--The requirement
under subclause (I) shall not preempt the
ability of an institution of higher education
to establish an amnesty policy for student
conduct violations not mentioned in this
provision.
``(IV) Provision of information.--The
institution shall provide information about the
amnesty policy of the institution on the
website of the institution.
``(v) Training.--
``(I) In general.--Not later than 1 year
after the date of enactment of the Campus
Accountability and Safety Act, the Secretary,
in coordination with the Attorney General and
in consultation with national, State, or local
victim services organizations and institutions
of higher education, shall develop an evidence-
informed training program, which may include
online training modules, for training--
``(aa) each individual who is
involved in implementing an institution
of higher education's student grievance
procedures, including each individual
who is responsible for resolving
complaints of reported domestic
violence, dating violence, sexual
assault, sexual harassment, or
stalking; and
``(bb) each employee of an
institution of higher education who has
responsibility for conducting an
interview with a complainant of
domestic violence, dating violence,
sexual assault, sexual harassment, or
stalking.
``(II) Contents.--Such training shall
include--
``(aa) information on working with
and interviewing persons subjected to
domestic violence, dating violence,
sexual assault, sexual harassment, or
stalking that utilizes victim-centered,
trauma-informed interview techniques;
``(bb) information on particular
types of conduct that would constitute
domestic violence, dating violence,
sexual assault, sexual harassment, or
stalking, regardless of gender,
including same-sex incidents of
domestic violence, dating violence,
sexual assault, sexual harassment, or
stalking;
``(cc) information on consent and
what factors, including power dynamics,
may impact whether consent is
voluntarily given, including the ways
drugs or alcohol may affect an
individual's ability to consent and
information on consent for victims with
disabilities or victims who may be
neurodivergent;
``(dd) the effects of trauma,
including the neurobiology of trauma;
``(ee) cultural specific and
responsiveness training regarding how
domestic violence, dating violence,
sexual assault, sexual harassment, and
stalking may impact students of
underserved communities differently
depending on their cultural background;
and
``(ff) information on sexual
assault dynamics, sexual assault
perpetrator behavior, and barriers to
reporting.
``(III) Institutional training.--Each
institution of higher education shall ensure
that the individuals and employees described in
subclause (I) receive the training described in
this clause not later than the July 15 that is
1 year after the date that the training program
has been developed by the Secretary in
accordance with subclause (I).
``(vi) Uniform campus-wide process for student
disciplinary proceeding relating to claim of domestic
violence, dating violence, sexual assault, sexual
harassment, or stalking.--Each institution of higher
education that receives funds under this Act--
``(I) shall establish and carry out a
uniform process (for each campus of the
institution) for student disciplinary
proceedings relating to any claims of domestic
violence, dating violence, sexual assault,
sexual harassment, or stalking against a
student who attends the institution;
``(II) shall not carry out a different
disciplinary process on the same campus for
domestic violence, dating violence, sexual
assault, sexual harassment, or stalking, or
alter the uniform process described in
subclause (I), based on the status or
characteristics of a student who will be
involved in that disciplinary proceeding,
including characteristics such as a student's
membership on an athletic team, academic major,
or any other characteristic or status of a
student; and
``(III) may not, as a condition of student
participation in a disciplinary proceeding--
``(aa) automatically notify a law
enforcement agency of--
``(AA) a receipt of a
report of domestic violence,
dating violence, sexual
assault, sexual harassment, or
stalking; or
``(BB) the initiation of a
campus disciplinary proceeding;
or
``(bb) require cooperation with a
law enforcement agency.
``(vii) Information about the title ix coordinator
and sexual and interpersonal violence specialist.--The
institution shall submit, annually, to the Office for
Civil Rights of the Department of Education and the
Civil Rights Division of the Department of Justice, the
name and contact information for the title IX
coordinator and the sexual and interpersonal violence
specialist, including a brief description of the role
of the coordinator and specialist and the roles of
other officials who may be contacted to discuss or
report domestic violence, dating violence, sexual
assault, sexual harassment, or stalking, and
documentation of training received by the title IX
coordinator and the sexual and interpersonal violence
specialist. The educational institution shall provide
updated information to the Office for Civil Rights of
the Department of Education and the Civil Rights
Division of the Department of Justice not later than 30
days after the date of any change. The Secretary shall
make the information described in this clause publicly
available.
``(viii) Written notice of institutional
disciplinary process.--The institution shall provide
both the complainant and respondent with written notice
of the institution's decision to proceed with an
institutional disciplinary process regarding an
allegation of domestic violence, dating violence,
sexual assault, sexual harassment, or stalking within
24 hours of such decision, and sufficiently in advance
of a disciplinary hearing to provide both the
complainant and respondent with the opportunity to
meaningfully exercise their rights to a proceeding that
is prompt, fair, and impartial, which shall include the
opportunity for both parties to present witnesses and
other evidence, and any other due process rights
afforded to them under institutional policy. The
written notice shall include the following:
``(I) The existence of a complaint, the
nature of the conduct upon which the complaint
is based, and the date on which the alleged
incident occurred.
``(II) A description of the process for the
disciplinary proceeding, including the
estimated timeline from initiation to final
disposition.
``(III) A description of the rights and
protections available to the complainant and
respondent, including those described in
paragraph (8)(B)(iv) and any other rights or
protections that the complainant and respondent
may have under the institution's policies.
``(IV) A copy of the institution's
applicable policies, and, if available, related
published informational materials.
``(C) Penalties.--
``(i) Penalty relating to sexual and interpersonal
violence specialists.--The Secretary may impose a civil
penalty of not more than 1 percent of an institution's
operating budget, as defined by the Secretary, for each
year that the institution fails to carry out the
requirements of this paragraph following the effective
date described in section 4(b)(1) of the Campus
Accountability and Safety Act.
``(ii) Other provisions.--The Secretary may impose
a civil penalty of not more than 1 percent of an
institution's operating budget, as defined by the
Secretary, for each year that the institution fails to
carry out the requirements of this paragraph following
the effective date described in section 4(b)(2) of the
Campus Accountability and Safety Act.
``(iii) Voluntary resolution.--Notwithstanding any
other provision of this paragraph, the Secretary may
enter into a voluntary resolution with an institution
of higher education that is subject to a penalty under
this subparagraph.
``(iv) Adjustment to penalties.--Any civil penalty
under this subparagraph may be reduced by the
Secretary. In determining the amount of such penalty,
or the amount agreed upon in compromise, the Secretary
of Education shall consider the appropriateness of the
penalty to the size of the operating budget of the
educational institution subject to the determination,
the gravity of the violation or failure, and whether
the violation or failure was committed intentionally,
negligently, or otherwise.''.
(b) Effective Dates.--
(1) Sexual and interpersonal violence specialist.--Clause
(i) of section 485(f)(20)(B) of the Higher Education Act of
1965, as added by subsection (a), shall take effect on the date
that is the earlier of--
(A) 1 year after the Secretary of Education
determines through a negotiated rulemaking process what
an adequate number of sexual and interpersonal violence
specialists is for an institution based on an
institution's size; or
(B) 3 years after the date of enactment of this
Act.
(2) Other provisions.--Clauses (ii) through (viii) of
section 485(f)(20)(B) of the Higher Education Act of 1965, as
added by subsection (a), shall take effect on the date that is
1 year after the date of enactment of this Act.
(c) Negotiated Rulemaking.--The Secretary of Education shall
establish regulations to carry out the provisions of this section, and
the amendment made by this section, in accordance with the requirements
described under section 492 of the Higher Education Act of 1965 (20
U.S.C. 1098a).
SEC. 5. GRANTS TO COMBAT VIOLENT CRIMES ON CAMPUS.
Section 304 of the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (34 U.S.C. 20125) is amended--
(1) in subsection (a)(1), by inserting ``sexual
harassment,'' after ``sexual assault,'';
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``sexual
harassment,'' after ``sexual assault,'';
(B) in paragraph (2). by inserting ``sexual
harassment,'' after ``sexual assault,'';
(C) in paragraph (3), in the first sentence, by
inserting ``sexual harassment,'' after ``sexual
assault,'';
(D) in paragraph (4), in the first sentence, by
inserting ``sexual harassment,'' after ``sexual
assault,'';
(E) in paragraph (6), by inserting ``sexual
harassment,'' after ``sexual assault,'';
(F) in paragraph (7), by inserting ``sexual
harassment,'' after ``sexual assault,'';
(G) in paragraph (8), by inserting ``sexual
harassment,'' after ``sexual assault,'';
(H) in paragraph (9), by inserting ``sexual
harassment, sexual assault,'' after ``sexual
violence,'';
(I) in paragraph (10), by inserting ``sexual
harassment,'' after ``sexual assault,'';
(J) in paragraph (11), by inserting ``sexual
harassment,'' after ``sexual assault,''; and
(K) in paragraph (12), in the first sentence, by
inserting ``sexual harassment,'' after ``sexual
assault,'';
(3) in subsection (c)(2)(B), by inserting ``sexual
harassment'' after ``sexual assault,''; and
(4) in subsection (d)(3)--
(A) in subparagraph (B), by inserting ``sexual
harassment,'' after ``sexual assault,'';
(B) in subparagraph (C), by inserting ``sexual
harassment,'' after ``sexual assault,''; and
(C) in subparagraph (D), by inserting ``sexual
harassment,'' after ``sexual assault,''.
SEC. 6. GAO REPORT.
The Comptroller General of the United States shall--
(1) conduct a study on the effectiveness and efficiency of
the grants to combat domestic violence, dating violence, sexual
assault, sexual harassment, and stalking on campuses under
section 304 of the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (34 U.S.C. 20125); and
(2) submit a report, not later than 2 years after the date
of enactment of this Act, on the study described in paragraph
(1), to the Committee on Health, Education, Labor, and Pensions
of the Senate and the Committee on Education and Workforce of
the House of Representatives.
<all>