text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Campus Sexual Violence Elimination 
  Act''.
  
  SEC. 2. CAMPUS SEXUAL VIOLENCE, DOMESTIC VIOLENCE, DATING VIOLENCE, AND 
                STALKING EDUCATION AND PREVENTION.
  
      (a) In General.--Section 485(f) of the Higher Education Act of 1965 
  (20 U.S.C. 1092(f)) is amended--
              (1) in paragraph (1)--
                      (A) in subparagraph (C)(iii), by striking the 
                  period at the end and inserting ``, when the victim of 
                  such crime elects or is unable to make such a 
                  report.''; and
                      (B) in subparagraph (F)--
                              (i) in clause (i)(VIII), by striking 
                          ``and'' after the semicolon;
                              (ii) in clause (ii)--
                                      (I) by striking ``sexual 
                                  orientation'' and inserting ``national 
                                  origin, sexual orientation, gender 
                                  identity,''; and
                                      (II) by striking the period and 
                                  inserting ``; and''; and
                              (iii) by adding at the end the following:
                              ``(iii) of domestic violence, dating 
                          violence, and stalking incidents that were 
                          reported to campus security authorities or 
                          local police agencies.'';
              (2) in paragraph (3), by inserting ``, that withholds the 
          names of victims as confidential,'' after ``that is timely'';
              (3) in paragraph (6)(A)--
                      (A) by redesignating clauses (i), (ii), and (iii) 
                  as clauses (ii), (iii), and (iv), respectively;
                      (B) by inserting before clause (ii), as 
                  redesignated by subparagraph (A), the following:
              ``(i) The terms `dating violence', `domestic violence', and 
          `stalking' have the meaning given such terms in section 
          40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 
          13925(a)).''; and
                      (C) by inserting after clause (iv), as redesignated 
                  by subparagraph (A), the following:
              ``(v) The term `sexual assault' means an offense classified 
          as a forcible or nonforcible sex offense under the uniform 
          crime reporting system of the Federal Bureau of 
          Investigation.'';
              (4) in paragraph (7)--
                      (A) by striking ``paragraph (1)(F)'' and inserting 
                  ``clauses (i) and (ii) of paragraph (1)(F)''; and
                      (B) by inserting after ``Hate Crime Statistics 
                  Act.'' the following: ``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 (42 U.S.C. 13925(a)).'';
              (5) by striking paragraph (8) and inserting the following:
      ``(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 programs to prevent domestic 
          violence, dating violence, sexual assault, and stalking; and
              ``(ii) the procedures that such institution will follow 
          once an incident of domestic violence, dating violence, sexual 
          assault, or stalking has been reported, including a statement 
          of the standard of evidence that will be used during any 
          institutional conduct proceeding arising from such a report.
      ``(B) The policy described in subparagraph (A) shall address the 
  following areas:
              ``(i) Education programs to promote the awareness of rape, 
          acquaintance rape, domestic violence, dating violence, sexual 
          assault, and stalking, which shall include--
                      ``(I) primary prevention and awareness programs for 
                  all incoming students and new employees, which shall 
                  include--
                              ``(aa) a statement that the institution of 
                          higher education prohibits the offenses of 
                          domestic violence, dating violence, sexual 
                          assault, and stalking;
                              ``(bb) the definition of domestic violence, 
                          dating violence, sexual assault, and stalking 
                          in the applicable jurisdiction;
                              ``(cc) the definition of consent, in 
                          reference to sexual activity, in the applicable 
                          jurisdiction;
                              ``(dd) safe and positive options for 
                          bystander intervention that may be carried out 
                          by an individual to prevent harm or intervene 
                          when there is a risk of domestic violence, 
                          dating violence, sexual assault, or stalking 
                          against a person other than such individual;
                              ``(ee) information on risk reduction to 
                          recognize warning signs of abusive behavior and 
                          how to avoid potential attacks; and
                              ``(ff) the information described in clauses 
                          (ii) through (vii); and
                      ``(II) ongoing prevention and awareness campaigns 
                  for students and faculty, including information 
                  described in items (aa) through (ff) of subclause (I).
              ``(ii) Possible sanctions or protective measures that such 
          institution may impose following a final determination of an 
          institutional disciplinary procedure regarding rape, 
          acquaintance rape, domestic violence, dating violence, sexual 
          assault, or stalking.
              ``(iii) Procedures victims should follow if a sex offense, 
          domestic violence, dating violence, sexual assault, or stalking 
          has occurred, including information in writing about--
                      ``(I) the importance of preserving evidence as may 
                  be necessary to the proof of criminal domestic 
                  violence, dating violence, sexual assault, or stalking, 
                  or in obtaining a protection order;
                      ``(II) to whom the alleged offense should be 
                  reported;
                      ``(III) options regarding law enforcement and 
                  campus authorities, including notification of the 
                  victim's option to--
                              ``(aa) notify proper law enforcement 
                          authorities, including on-campus and local 
                          police;
                              ``(bb) be assisted by campus authorities in 
                          notifying law enforcement authorities if the 
                          victim so chooses; and
                              ``(cc) decline to notify such authorities; 
                          and
                      ``(IV) where applicable, the rights of victims and 
                  the institution's responsibilities regarding orders of 
                  protection, no contact orders, restraining orders, or 
                  similar lawful orders issued by a criminal, civil, or 
                  tribal court.
              ``(iv) Procedures for institutional disciplinary action in 
          cases of alleged domestic violence, dating violence, sexual 
          assault, or stalking, which shall include a clear statement 
          that--
                      ``(I) such proceedings shall--
                              ``(aa) provide a prompt, fair, and 
                          impartial investigation and resolution;
                              ``(bb) be conducted by officials who 
                          receive annual training on the issues related 
                          to domestic violence, dating violence, sexual 
                          assault, and stalking and how to conduct an 
                          investigation and hearing process that protects 
                          the safety of victims and promotes 
                          accountability; and
                              ``(cc) use the preponderance of the 
                          evidence standard;
                      ``(II) 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
                      ``(III) both the accuser and the accused shall be 
                  simultaneously informed, in writing, of--
                              ``(aa) the outcome of any institutional 
                          disciplinary proceeding that arises from an 
                          allegation of domestic violence, dating 
                          violence, sexual assault, or stalking;
                              ``(bb) the institution's procedures for the 
                          accused and the victim to appeal the results of 
                          the institutional disciplinary proceeding;
                              ``(cc) any change to the results that 
                          occurs prior to the time that such results 
                          become final; and
                              ``(dd) when such results become final.
              ``(v) Information about how the institution will protect 
          the confidentiality of victims, including how publicly 
          available recordkeeping will be accomplished without the 
          inclusion of identifying information about the victim, to the 
          extent permissible by law.
              ``(vi) Written notification of students and employees about 
          existing counseling, health, mental health, victim advocacy, 
          legal assistance, and other services available for victims both 
          on-campus and in the community.
              ``(vii) Written notification of victims about options for, 
          and available assistance in, changing academic, living, 
          transportation, and working situations, if so requested by the 
          victim and if such accommodations are reasonably available, 
          regardless of whether the victim chooses to report the crime to 
          campus police or local law enforcement.
      ``(C) A student or employee who reports to an institution of higher 
  education that the student or employee has been a victim of domestic 
  violence, dating violence, sexual assault, or stalking, whether the 
  offense occurred on or off campus, shall be provided with a written 
  explanation of the student or employee's rights and options, as 
  described in clauses (ii) through (vii) of subparagraph (B).'';
              (6) in paragraph (9), by striking ``The Secretary'' and 
          inserting ``The Secretary, in consultation with the Attorney 
          General of the United States,'';
              (7) by striking paragraph (16) and inserting the following:
      ``(16)(A) The Secretary shall seek the advice and counsel of the 
  Attorney General of the United States concerning the development, and 
  dissemination to institutions of higher education, of best practices 
  information about campus safety and emergencies.
      ``(B) The Secretary shall seek the advice and counsel of the 
  Attorney General of the United States and the Secretary of Health and 
  Human Services concerning the development, and dissemination to 
  institutions of higher education, of best practices information about 
  preventing and responding to incidents of domestic violence, dating 
  violence, sexual assault, and stalking, including elements of 
  institutional policies that have proven successful based on evidence-
  based outcome measurements.''; and
              (8) by striking paragraph (17) and inserting the following:
      ``(17) No officer, employee, or agent of an institution 
  participating in any program under this title shall retaliate, 
  intimidate, threaten, coerce, or otherwise discriminate against any 
  individual for exercising their rights or responsibilities under any 
  provision of this subsection.''.
      (b) Effective Date.--The amendments made by this section shall take 
  effect with respect to the 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 1 calendar year after 
  the date of enactment of this Act, and each subsequent calendar year.
target: Campus Sexual Violence Elimination Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require institutions of higher education (IHEs) to include in their annual security report policies encouraging the accurate and prompt reporting of all crimes to campus police and appropriate law enforcement agencies when crime victims elect to, or are unable to, report the crimes.  Requires that report to include: (1) data on the occurrence of certain violent crimes that are motivated by the victim's nationality; and (2) statistics concerning the occurrence of domestic violence, dating violence, and stalking incidents reported to campus security authorities or local police. Requires schools to protect victim confidentiality when reporting criminal threats to the campus community. Directs IHEs to include in their annual security report a statement of policy regarding their programs to prevent domestic violence, dating violence, sexual assault, and stalking and the procedures they follow when such an offense is reported. Requires an IHE's policy regarding those offenses to include:    education that promotes awareness of the offenses;   possible sanctions or protective measures imposed following disciplinary action;   procedures victims should follow after such an offense occurs;   institutional disciplinary procedures;   information about how the IHE will protect victim confidentiality;   the written notification of students and employees concerning on-campus and community services available for victims; and   the written notification of victims regarding their options for, and assistance in, changing academic, living, transportation, and working situations, regardless of whether or not they choose to report the crime.  Requires students and employees who report having been the victim of such an offense to their IHE, whether it occurred on or off campus, to receive a written notification of their rights and options under the IHE's policy. Directs the Secretary of Education to seek the counsel of the Attorney General and Secretary of Health and Human Services (HHS) regarding the development, and dissemination to IHEs, of best practices for preventing and responding to incidents of domestic violence, dating violence, sexual assault, and stalking.
feat_title: Campus Sexual Violence Elimination Act