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VAWA Intro 2013

VAWA Intro 2013

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(a) INGENERAL.—Section 485(f) of the Higher Edu-

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cation Act of 1965 (20 U.S.C. 1092(f)) is amended—

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(1) in paragraph (1)—

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(A) in subparagraph (C)(iii), by striking

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the period at the end and inserting ‘‘, when the

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victim of such crime elects or is unable to make

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such a report.’’; and

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(B) in subparagraph (F)—

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(i) in clause (i)(VIII), by striking

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‘‘and’’ after the semicolon;

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(ii) in clause (ii)—

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(I) by striking ‘‘sexual orienta-

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tion’’ and inserting ‘‘ national origin,

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sexual orientation, gender identity,’’;

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and

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(II) by striking the period and

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inserting ‘‘; and’’; and

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(iii) by adding at the end the fol-

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lowing:

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‘‘(iii) of domestic violence, dating vio-

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lence, and stalking incidents that were re-

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ported to campus security authorities or

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local police agencies.’’;

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(2) in paragraph (3), by inserting ‘‘, that with-

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holds the names of victims as confidential,’’ after

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‘‘that is timely’’;

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(3) in paragraph (6)(A)—

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(A) by redesignating clauses (i), (ii), and

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(iii) as clauses (ii), (iii), and (iv), respectively;

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(B) by inserting before clause (ii), as re-

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designated by subparagraph (A), the following:

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‘‘(i) The terms ‘dating violence’, ‘domestic vio-

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lence’, and ‘stalking’ have the meaning given such

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terms in section 40002(a) of the Violence Against

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Women Act of 1994 (42 U.S.C. 13925(a)).’’; and

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(C) by inserting after clause (iv), as redes-

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ignated by subparagraph (A), the following:

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‘‘(v) The term ‘sexual assault’ means an offense

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classified as a forcible or nonforcible sex offense

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under the uniform crime reporting system of the

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Federal Bureau of Investigation.’’;

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(4) in paragraph (7)—

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(A) by striking ‘‘paragraph (1)(F)’’ and in-

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serting ‘‘clauses (i) and (ii) of paragraph

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(1)(F)’’; and

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(B) by inserting after ‘‘Hate Crime Statis-

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tics Act.’’ the following: ‘‘For the offenses of

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domestic violence, dating violence, and stalking,

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such statistics shall be compiled in accordance

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with the definitions used in section 40002(a) of

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the Violence Against Women Act of 1994 (42

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U.S.C. 13925(a)).’’;

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(5) by striking paragraph (8) and inserting the

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following:

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‘‘(8)(A) Each institution of higher education partici-

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pating in any program under this title and title IV of the

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Economic Opportunity Act of 1964, other than a foreign

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institution of higher education, shall develop and dis-

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tribute as part of the report described in paragraph (1)

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a statement of policy regarding—

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‘‘(i) such institution’s programs to prevent do-

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mestic violence, dating violence, sexual assault, and

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stalking; and

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‘‘(ii) the procedures that such institution will

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follow once an incident of domestic violence, dating

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violence, sexual assault, or stalking has been re-

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ported, including a statement of the standard of evi-

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dence that will be used during any institutional con-

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duct proceeding arising from such a report.

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‘‘(B) The policy described in subparagraph (A) shall

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address the following areas:

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‘‘(i) Education programs to promote the aware-

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ness of rape, acquaintance rape, domestic violence,

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dating violence, sexual assault, and stalking, which

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shall include—

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‘‘(I) primary prevention and awareness

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programs for all incoming students and new

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employees, which shall include—

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‘‘(aa) a statement that the institution

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of higher education prohibits the offenses

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of domestic violence, dating violence, sex-

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ual assault, and stalking;

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‘‘(bb) the definition of domestic vio-

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lence, dating violence, sexual assault, and

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stalking in the applicable jurisdiction;

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‘‘(cc) the definition of consent, in ref-

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erence to sexual activity, in the applicable

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jurisdiction;

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‘‘(dd) safe and positive options for by-

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stander intervention that may be carried

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out by an individual to prevent harm or in-

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tervene when there is a risk of domestic vi-

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olence, dating violence, sexual assault, or

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stalking against a person other than such

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individual;

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‘‘(ee) information on risk reduction to

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recognize warning signs of abusive behav-

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ior and how to avoid potential attacks; and

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‘‘(ff) the information described in

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clauses (ii) through (vii); and

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‘‘(II) ongoing prevention and awareness

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campaigns for students and faculty, including

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information described in items (aa) through (ff)

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of subclause (I).

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‘‘(ii) Possible sanctions or protective measures

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that such institution may impose following a final

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determination of an institutional disciplinary proce-

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dure regarding rape, acquaintance rape, domestic vi-

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olence, dating violence, sexual assault, or stalking.

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‘‘(iii) Procedures victims should follow if a sex

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offense, domestic violence, dating violence, sexual as-

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sault, or stalking has occurred, including informa-

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tion in writing about—

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‘‘(I) the importance of preserving evidence

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as may be necessary to the proof of criminal do-

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mestic violence, dating violence, sexual assault,

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or stalking, or in obtaining a protection order;

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‘‘(II) to whom the alleged offense should

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be reported;

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‘‘(III) options regarding law enforcement

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and campus authorities, including notification

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of the victim’s option to—

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‘‘(aa) notify proper law enforcement

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authorities, including on-campus and local

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police;

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‘‘(bb) be assisted by campus authori-

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ties in notifying law enforcement authori-

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ties if the victim so chooses; and

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‘‘(cc) decline to notify such authori-

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ties; and

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‘‘(IV) where applicable, the rights of vic-

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tims and the institution’s responsibilities re-

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garding orders of protection, no contact orders,

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restraining orders, or similar lawful orders

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issued by a criminal, civil, or tribal court.

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‘‘(iv) Procedures for institutional disciplinary

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action in cases of alleged domestic violence, dating

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violence, sexual assault, or stalking, which shall in-

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clude a clear statement that—

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‘‘(I) such proceedings shall—

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‘‘(aa) provide a prompt, fair, and im-

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partial investigation and resolution; and

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‘‘(bb) be conducted by officials who

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receive annual training on the issues re-

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lated to domestic violence, dating violence,

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sexual assault, and stalking and how to

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conduct an investigation and hearing proc-

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ess that protects the safety of victims and

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promotes accountability;

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‘‘(II) the accuser and the accused are enti-

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tled to the same opportunities to have others

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present during an institutional disciplinary pro-

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ceeding, including the opportunity to be accom-

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panied to any related meeting or proceeding by

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an advisor of their choice; and

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‘‘(III) both the accuser and the accused

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shall be simultaneously informed, in writing,

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of—

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‘‘(aa) the outcome of any institutional

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disciplinary proceeding that arises from an

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allegation of domestic violence, dating vio-

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lence, sexual assault, or stalking;

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‘‘(bb) the institution’s procedures for

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the accused and the victim to appeal the

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results of the institutional disciplinary pro-

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ceeding;

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‘‘(cc) of any change to the results that

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occurs prior to the time that such results

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become final; and

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‘‘(dd) when such results become final.

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‘‘(v) Information about how the institution will

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protect the confidentiality of victims, including how

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publicly-available recordkeeping will be accomplished

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without the inclusion of identifying information

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about the victim, to the extent permissible by law.

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‘‘(vi) Written notification of students and em-

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ployees about existing counseling, health, mental

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health, victim advocacy, legal assistance, and other

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services available for victims both on-campus and in

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the community.

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‘‘(vii) Written notification of victims about op-

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tions for, and available assistance in, changing aca-

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demic, living, transportation, and working situations,

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if so requested by the victim and if such accom-

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modations are reasonably available, regardless of

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whether the victim chooses to report the crime to

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campus police or local law enforcement.

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‘‘(C) A student or employee who reports to an institu-

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tion of higher education that the student or employee has

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been a victim of domestic violence, dating violence, sexual

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assault, or stalking, whether the offense occurred on or

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off campus, shall be provided with a written explanation

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of the student or employee’s rights and options, as de-

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scribed in clauses (ii) through (vii) of subparagraph (B).’’;

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(6) in paragraph (9), by striking ‘‘The Sec-

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retary’’ and inserting ‘‘The Secretary, in consulta-

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tion with the Attorney General of the United

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States,’’;

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(7) by striking paragraph (16) and inserting

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the following:

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‘‘(16)(A) The Secretary shall seek the advice and

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counsel of the Attorney General of the United States con-

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cerning the development, and dissemination to institutions

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of higher education, of best practices information about

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campus safety and emergencies.

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‘‘(B) The Secretary shall seek the advice and counsel

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of the Attorney General of the United States and the Sec-

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retary of Health and Human Services concerning the de-

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velopment, and dissemination to institutions of higher

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education, of best practices information about preventing

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and responding to incidents of domestic violence, dating

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violence, sexual assault, and stalking, including elements

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of institutional policies that have proven successful based

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on evidence-based outcome measurements.’’; and

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(8) by striking paragraph (17) and inserting

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the following:

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‘‘(17) No officer, employee, or agent of an institution

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participating in any program under this title shall retali-

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ate, intimidate, threaten, coerce, or otherwise discriminate

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against any individual for exercising their rights or re-

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sponsibilities under any provision of this subsection.’’.

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(b) EFFECTIVEDATE.—The amendments made by

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this section shall take effect with respect to the annual

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security report under section 485(f)(1) of the Higher Edu-

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cation Act of 1965 (20 U.S.C. 1092(f)(1)) prepared by

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an institution of higher education 1 calendar year after

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the date of enactment of this Act, and each subsequent

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calendar year.

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TITLE IV—VIOLENCE

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REDUCTION PRACTICES

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