text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Campus Sexual Violence Elimination 
  Act'' or the ``Campus SaVE Act''.
  
  SEC. 2. CAMPUS SEXUAL VIOLENCE, INTIMATE PARTNER VIOLENCE, AND STALKING 
                EDUCATION AND PREVENTION.
  
      Section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 
  1092(f)) is amended--
              (1) by amending paragraph (8) to read as follows:
      ``(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 sexual assault and other intimate 
          partner violence programs, which shall be aimed at prevention 
          of sex offenses and other intimate partner violence, including 
          stalking, dating violence, sexual violence, and domestic 
          violence offenses;
              ``(ii) the procedures followed once a sex offense or other 
          intimate partner violence, including stalking, dating violence, 
          sexual violence, or domestic violence offenses has occurred, 
          which shall include--
                      ``(I) providing, in writing, to each student or 
                  employee who reports to the institution that he or she 
                  has been a victim of a sex offense or other intimate 
                  partner violence--
                              ``(aa) an explanation of the right of 
                          victims of such offenses to notify proper law 
                          enforcement authorities, including on-campus 
                          and local police, and the option to be assisted 
                          by campus authorities in notifying such 
                          authorities, if the student or employee so 
                          chooses;
                              ``(bb) an explanation of the right of 
                          victims of such offenses, when relevant, to 
                          obtain an order of protection, no contact 
                          order, restraining order, or similar lawful 
                          order issued by a criminal or civil court or 
                          enforce an order already in existence; and
                              ``(cc) contact information for advocacy, 
                          counseling, health, mental health, legal 
                          assistance and other services available to 
                          victims both on-campus and in the local 
                          community; and
                      ``(II) the institution honoring any order of 
                  protection, no contact order, restraining order, or 
                  similar lawful order issued by any criminal or civil 
                  court.
      ``(B) The policy described in subparagraph (A) shall address the 
  following areas:
              ``(i) Education programs to promote the awareness of sex 
          offenses and other intimate partner violence, including 
          stalking, dating violence, sexual violence, and domestic 
          violence offenses, which shall include--
                      ``(I) primary prevention and awareness programming 
                  for all incoming students and new employees, including 
                  information about--
                              ``(aa) the definition of consent in sexual 
                          relationships;
                              ``(bb) reporting such sex offenses, 
                          including those offenses occurring on and off 
                          campus;
                              ``(cc) bystander intervention; and
                              ``(dd) risk reduction; and
                      ``(II) ongoing prevention and awareness campaigns 
                  to students and faculty, including information 
                  described in items (aa) through (dd) of subclause (I).
              ``(ii) Possible sanctions to be imposed following the final 
          determination of an institutional disciplinary procedure 
          regarding sex offenses or other intimate partner violence.
              ``(iii) Procedures victims should follow if a sex offense 
          described in clause (ii) occurs, including who should be 
          contacted, the importance of preserving evidence as may be 
          necessary to the proof of criminal sexual assault, and to whom 
          the alleged offense should be reported.
              ``(iv) Procedures for on-campus disciplinary action in 
          cases of an alleged sexual offense or other intimate partner 
          violence, including stalking, dating violence, sexual violence, 
          or domestic violence offenses, which shall include a clear 
          statement that--
                      ``(I) any accuser shall have the opportunity to 
                  request that prompt disciplinary proceedings be 
                  initiated against the accused;
                      ``(II) such proceedings shall--
                              ``(aa) be conducted by officials trained to 
                          understand the issues of sex offenses and other 
                          intimate partner violence; and
                              ``(bb) use the preponderance of the 
                          evidence standard;
                      ``(III) 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
                      ``(IV) both the accuser and the accused shall be 
                  informed, in writing, of the final results of any 
                  institutional disciplinary proceeding brought alleging 
                  a sex offense or other intimate partner violence within 
                  one business day of such outcome being reached.
              ``(v) A student or employee who reports to the institution 
          that he or she have been the victim of a sex offense or 
          intimate partner violence shall receive notification of options 
          for, and available assistance in, changing academic, living, 
          transportation, and working situations, if such assistance is 
          requested by the student or employee and if such accommodations 
          are reasonably available.
      ``(C) Nothing in this paragraph shall be construed to confer a 
  private right of action upon any person to enforce the provisions of 
  this paragraph.'';
              (2) in paragraph (6), by adding at the end of subparagraph 
          (A) the following new clauses:
                              ``(iv) The term `intimate partner 
                          violence'--
                                      ``(I) means any physical, sexual, 
                                  or psychological harm against an 
                                  individual by a current or former 
                                  partner or spouse of the individual;
                                      ``(II) includes stalking, dating 
                                  violence, sexual violence, or domestic 
                                  violence offense;
                                      ``(III) includes such harm against 
                                  individuals in heterosexual and same-
                                  sex relationships; and
                                      ``(IV) does not require sexual 
                                  intimacy between the individual and 
                                  such partner or spouse.
                              ``(v) The term `stalking' means an 
                          individual willfully and repeatedly engaging in 
                          a knowing course of harassing conduct directed 
                          at another individual that reasonably and 
                          seriously alarms, torments, or terrorizes such 
                          individual.
                              ``(vi) The term `primary prevention' means 
                          programming and strategies intended to stop 
                          sexual and intimate partner violence before it 
                          occurs through the changing of social norms and 
                          other approaches.
                              ``(vii) The term `awareness programming' 
                          means any program designed to alert students to 
                          the prevalence of intimate partner violence, 
                          sexual violence, and stalking, including--
                                      ``(I) discussions of the nature and 
                                  number of cases of intimate partner 
                                  violence, sexual violence, forcible sex 
                                  offenses, and stalking reported at an 
                                  institution of higher education in the 
                                  3 preceding calendar years;
                                      ``(II) statistics on the outcomes 
                                  of disciplinary proceedings for such 
                                  cases at such institution; and
                                      ``(III) risk factors associated 
                                  with such cases, including physically, 
                                  sexually, and psychologically 
                                  controlling behavior.
                              ``(viii) The term `bystander intervention' 
                          means safe and positive options that may be 
                          carried out by an individual to prevent or 
                          intervene when there is a risk of sexual 
                          violence against a person other than such 
                          individual.
                              ``(ix) The term `risk reduction' means 
                          options for recognizing warning signs of 
                          abusive personalities and how to fight back 
                          against potential attackers.
                              ``(x) The term `final results' means a 
                          decision or determination, made by an honor 
                          court or council, committee, commission, or 
                          other entity authorized to resolve disciplinary 
                          matters within the institution. The disclosure 
                          of final results shall include only the name of 
                          the accused, the violation alleged (including 
                          any institutional rules or code sections that 
                          were allegedly violated), essential findings 
                          supporting such final result, and any sanction 
                          imposed by the institution against the accused 
                          (including a description of any disciplinary 
                          action taken by the institution, the date of 
                          the imposition of such action, and the duration 
                          of such action).''; and
              (3) by adding at the end of paragraph (16) the following 
          new sentence: ``The Secretary shall seek the advice and counsel 
          of the Attorney General concerning the development, and 
          dissemination to institutions of higher education, of best 
          practices information about preventing and responding to 
          incidents of sex offenses, forcible and nonforcible, and other 
          intimate partner violence including stalking, dating violence, 
          sexual violence, and domestic violence offenses.''.
  
  SEC. 3. EFFECTIVE DATE.
  
      The amendments made by this Act shall take effect with respect to 
  any 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 in calendar year 2012 and any subsequent calendar 
  year.
target: Campus Sexual Violence Elimination Act or Campus SaVE Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require each institution of higher education (IHE) participating in a title IV program (except foreign schools) to include in its annual security report a statement of policy regarding its sexual assault and other intimate partner violence programs and the procedures it follows when such an offense occurs.
  
  Requires such procedures to include the provision, in writing, to students or employees that report to the IHE that they have been the victim of such an offense: (1) an explanation of their right to notify proper law enforcement authorities and their option to be assisted by campus authorities in doing so; (2) an explanation of their right to obtain protective orders or enforce protective orders that are already in existence, which the IHE must honor; and (3) contact information for victim services on-campus and in the locality.
  
  Requires an IHE's policy regarding sexual assault and other intimate partner violence to include: (1) education that promotes awareness of the offenses; (2) possible sanctions imposed following disciplinary action; (3) procedures victims should follow after such an offense occurs; (4) on-campus disciplinary procedures; and (5) the notification of victims regarding their options for, and assistance in, changing academic, living, transportation, and working situations.
  
  Directs the Secretary of Education to seek the Attorney General's counsel regarding the development, and dissemination to IHEs, of best practices for preventing and responding to sex offenses and other intimate partner violence.
feat_title: A bill to amend the Higher Education Act of 1965 to improve education and prevention related to campus sexual violence, intimate partner violence, and stalking.