F:\M14\SALMON\SALMON_084.XML ..................................................................... (Original Signature of Member) H. R. ll 114TH CONGRESS 1ST SESSION To amend the Higher Education Act of 1965 to protect victims of sexual violence, to improve the adjudication of allegations related to sexual violence, and for other purposes. IN THE HOUSE OF REPRESENTATIVES Mr. SALMON (for himself, Mr. SESSIONS, and Ms. GRANGER) introduced the following bill; which was referred to the Committee on lllllllllllllll A BILL To amend the Higher Education Act of 1965 to protect victims of sexual violence, to improve the adjudication of allegations related to sexual violence, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 4 SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Safe Campus Act of 5 2015’’. f:\VHLC\072815\072815.182.xml July 28, 2015 (2:40 p.m.) VerDate Nov 24 2008 14:40 Jul 28, 2015 Jkt 000000 (611081 1) PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SALMON~1.X F:\M14\SALMON\SALMON_084.XML 2 1 SEC. 2. INSTITUTION OF HIGHER EDUCATION REQUIRE- 2 MENTS FOR PROTECTING VICTIMS OF SEX- 3 UAL VIOLENCE AND INVESTIGATING AND AD- 4 JUDICATING ALLEGATIONS OF SEXUAL VIO- 5 LENCE. 6 (a) IN GENERAL.—Title I of the Higher Education 7 Act of 1965 (20 U.S.C. 1001 et seq.) is amended by add8 ing at the end the following new part: 9 ‘‘PART F—TREATMENT OF ALLEGATIONS OF 10 SEXUAL VIOLENCE 11 12 ‘‘SEC. 161. APPLICATION; DEFINITION. ‘‘(a) APPLICATION.—The requirements of this part 13 shall apply to any institution of higher education receiving 14 Federal financial assistance under this Act, including fi15 nancial assistance provided to students under title IV, 16 other than a foreign institution of higher education. 17 ‘‘(b) DEFINITIONS.—In this part, the following defi- 18 nitions shall apply: 19 ‘‘(1) COVERED term ‘cov- 20 ered allegation’ means, with respect to an institution 21 of higher education, an allegation that a student of 22 the institution committed an act of sexual violence, 23 or that members of a student organization of the in- 24 stitution or the organization itself committed or were 25 involved in creating a hostile environment resulting 26 in an act of sexual violence. f:\VHLC\072815\072815.182.xml July 28, 2015 (2:40 p.m.) VerDate Nov 24 2008 ALLEGATION.—The 14:40 Jul 28, 2015 Jkt 000000 (611081 1) PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SALMON~1.X F:\M14\SALMON\SALMON_084.XML 3 1 ‘‘(2) DISCIPLINARY PRO- 2 CEEDING.—The 3 ceeding’ means the process by which an institution 4 of higher education investigates and adjudicates a 5 covered allegation and imposes a sanction with re- 6 spect to the allegation, in accordance with the insti- 7 tution’s own code of conduct or similar internal 8 rules. 9 term ‘institutional disciplinary pro- ‘‘(3) SEXUAL VIOLENCE.—The term ‘sexual vio- 10 lence’ means, with respect to an institution of higher 11 education— 12 ‘‘(A) aggravated sexual abuse under sec- 13 tion 2241 of title 18, United States Code; 14 ‘‘(B) assault resulting in substantial bodily 15 injury under section 113(a)(7) of title 18, 16 United States Code; 17 ‘‘(C) battery, as defined under the applica- 18 ble criminal law of the jurisdiction in which the 19 institution is located; 20 ‘‘(D) rape, as defined under the applicable 21 criminal law of the jurisdiction in which the in- 22 stitution is located; 23 ‘‘(E) sexual abuse under section 2242 of 24 title 18, United States Code; and f:\VHLC\072815\072815.182.xml July 28, 2015 (2:40 p.m.) VerDate Nov 24 2008 INSTITUTIONAL 14:40 Jul 28, 2015 Jkt 000000 (611081 1) PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SALMON~1.X F:\M14\SALMON\SALMON_084.XML 4 1 ‘‘(F) sexual assault, as defined under the 2 applicable criminal law of the jurisdiction in 3 which the institution is located. 4 ‘‘SEC. 162. EDUCATION, REPORTING, AND STUDENT CARE 5 STRATEGIES FOR PREVENTING SEXUAL VIO- 6 LENCE. 7 ‘‘(a) EDUCATION PROGRAMS.— 8 ‘‘(1) IN GENERAL.—Each institution of higher 9 education which is subject to this part is encouraged 10 to provide education programs designed to address 11 sexual violence that, at a minimum, provide training 12 for reporting covered allegations, intervening as a 13 bystander, and fostering development of healthy re- 14 lationships. 15 16 ‘‘(2) ACCESS TO PROGRAMS.—The institution is encouraged— 17 ‘‘(A) to provide access to the programs re- 18 quired under this subsection for each student 19 during each academic year; and 20 ‘‘(B) to ensure new students are made 21 aware of the programs and can access them as 22 soon as possible after beginning the course of 23 study at the institution. 24 ‘‘(b) SUPPORT SERVICES.—Each institution of higher 25 education which is subject to this part shall devote appro- f:\VHLC\072815\072815.182.xml July 28, 2015 (2:40 p.m.) VerDate Nov 24 2008 14:40 Jul 28, 2015 Jkt 000000 (611081 1) PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SALMON~1.X F:\M14\SALMON\SALMON_084.XML 5 1 priate resources for the care, support, and guidance for 2 students affected by sexual violence. 3 ‘‘(c) ROLE OF VOLUNTEER ADVISORS TO STUDENT 4 ORGANIZATIONS.—An institution of higher education 5 which is subject to this part— 6 ‘‘(1) may not designate an adult volunteer advi- 7 sor to a student organization, or any employee of a 8 student organization who is not also an employee of 9 the institution, as a campus security authority under 10 section 485 or regulations implementing that sec- 11 tion; and 12 ‘‘(2) may not deny recognition to a student or- 13 ganization because an advisor or employee described 14 in paragraph (1) does not register or serve as a 15 campus security authority under section 485 or reg- 16 ulations implementing that section. 17 ‘‘(d) TRAINING.—Each institution of higher edu- 18 cation which is subject to this part shall provide appro19 priate annual training to campus security personnel, cam20 pus disciplinary committee members, and other relevant 21 institutional personnel regarding the requirements of this 22 part, and shall at a minimum require each student who 23 serves as a resident advisor in housing facilities which are 24 owned or supervised by the institution to participate in 25 this training and demonstrate knowledge of the require- f:\VHLC\072815\072815.182.xml July 28, 2015 (2:40 p.m.) VerDate Nov 24 2008 14:40 Jul 28, 2015 Jkt 000000 (611081 1) PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SALMON~1.X F:\M14\SALMON\SALMON_084.XML 6 1 ments of this section regarding the reporting of allegations 2 to law enforcement agencies and the effects of the con3 fidentiality exception under section 163(a)(2). 4 ‘‘SEC. 163. ROLE OF LAW ENFORCEMENT AGENCIES IN IN- 5 VESTIGATION OF ALLEGATIONS OF SEXUAL 6 VIOLENCE. 7 ‘‘(a) REFERRAL OF ALLEGATIONS.— 8 ‘‘(1) REFERRAL.—Except as provided in para- 9 graph (2), if an institution of higher education which 10 is subject to this part receives a covered allegation, 11 along with written consent to proceed from the al- 12 leged victim, the institution shall report and refer 13 the allegation to the law enforcement agency of the 14 unit of local government with jurisdiction to respond 15 to such allegations in the location of the institution 16 immediately, but not later than 48 hours after re- 17 ceiving written consent from the alleged victim. 18 ‘‘(2) CONFIDENTIALITY 19 ‘‘(A) IN GENERAL.—Paragraph (1) does 20 not apply if the individual who is the alleged 21 victim of an act of sexual violence included in 22 the covered allegation provides a written notifi- 23 cation to the institution that the individual does 24 not want the allegation to be investigated by a 25 law enforcement agency. f:\VHLC\072815\072815.182.xml July 28, 2015 (2:40 p.m.) VerDate Nov 24 2008 EXCEPTION.— 14:40 Jul 28, 2015 Jkt 000000 (611081 1) PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SALMON~1.X F:\M14\SALMON\SALMON_084.XML 7 1 ‘‘(B) EFFECT OF NOTIFICATION OF CON- 2 FIDENTIALITY.—If an individual provides a no- 3 tification to the institution under this para- 4 graph with respect to an allegation, the institu- 5 tion may not initiate or otherwise carry out any 6 institutional disciplinary proceeding with re- 7 spect to the allegation, including imposing in- 8 terim measures described in subsection (c), but 9 only if the individual includes in the notification 10 a statement that the individual understands the 11 effect under this subparagraph of providing the 12 notification. 13 ‘‘(b) RESTRICTIONS 14 NARY 15 MENT INVESTIGATION.— INSTITUTIONAL DISCIPLI- PROCEEDINGS DURING PERIOD 16 ‘‘(1) IN GENERAL.—During OF LAW ENFORCE- the period in which 17 a law enforcement agency is investigating a covered 18 allegation reported by an institution under sub- 19 section (a), the institution may not initiate or other- 20 wise carry out any institutional disciplinary pro- 21 ceeding with respect to the allegation, except to the 22 extent that the institution may impose interim sanc- 23 tions under subsection (c). 24 25 ‘‘(2) PERIOD 14:40 Jul 28, 2015 OF LAW ENFORCEMENT INVES- TIGATION DESCRIBED.—For f:\VHLC\072815\072815.182.xml July 28, 2015 (2:40 p.m.) VerDate Nov 24 2008 ON Jkt 000000 purposes of this sub- (611081 1) PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SALMON~1.X F:\M14\SALMON\SALMON_084.XML 8 1 section and subsection (c), the period in which a law 2 enforcement agency is investigating an allegation re- 3 ported under subsection (a) shall be considered— 4 ‘‘(A) the 30-day period beginning on the 5 date on which the institution reported the alle- 6 gation to the agency, together with 7 ‘‘(B) any subsequent 30-day period for 8 which the agency notifies the institution that it 9 is continuing to investigate the allegation and 10 that the public interest is best served by pre- 11 venting the institution from beginning its own 12 investigation and disciplinary proceeding. 13 ‘‘(3) TOLLING.—For purposes of satisfying any 14 Federally-prescribed time period for an institution to 15 complete an adjudication of an allegation to which 16 this subsection applies, the time period shall be 17 deemed to begin upon the expiration of the period in 18 which the law enforcement agency is investigating 19 the allegation, in accordance with this subsection. 20 ‘‘(4) PERMITTING 21 ITED CAMPUS PUBLIC SAFETY DEPARTMENTS.—Not- 22 withstanding paragraph (1), if an institution of 23 higher education operates an accredited public safety 24 department that employs sworn officers, such de- 25 partment may carry out investigative functions with f:\VHLC\072815\072815.182.xml July 28, 2015 (2:40 p.m.) VerDate Nov 24 2008 INVOLVEMENT OF ACCRED- 14:40 Jul 28, 2015 Jkt 000000 (611081 1) PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SALMON~1.X F:\M14\SALMON\SALMON_084.XML 9 1 respect to an allegation provided to a law enforce- 2 ment agency under subsection (a) if authorized to do 3 so by the law enforcement agency. 4 ‘‘(c) PERMITTING INSTITUTION TO IMPOSE INTERIM 5 SANCTIONS.— 6 ‘‘(1) IN the period in which 7 a law enforcement agency is investigating a covered 8 allegation reported by an institution under sub- 9 section (a), the institution may impose interim sanc- 10 tions against the subject of the allegation with re- 11 spect to the allegation (including temporary suspen- 12 sions, no contact orders, adjustments of class sched- 13 ules, or changes in housing assignments) and carry 14 out investigations and adjudications with respect to 15 the imposition of such sanctions, but only if the in- 16 stitution determines that the imposition of such a 17 sanction is a reasonable measure to promote campus 18 safety and student well-being. 19 20 ‘‘(2) SPECIAL RULES FOR DURATION OF PERI- ODS OF TEMPORARY SUSPENSIONS.— 21 ‘‘(A) STUDENTS.—Subject to paragraph 22 (3), if the subject of an allegation is a student, 23 an institution may impose a temporary suspen- 24 sion for a period of not more than 15 days as 25 an interim sanction under this subsection, and f:\VHLC\072815\072815.182.xml July 28, 2015 (2:40 p.m.) VerDate Nov 24 2008 GENERAL.—During 14:40 Jul 28, 2015 Jkt 000000 (611081 1) PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SALMON~1.X F:\M14\SALMON\SALMON_084.XML 10 1 may extend the suspension for additional peri- 2 ods of not more than 30 days per period if, pur- 3 suant to a hearing held in accordance with the 4 requirements of section 164 for each such addi- 5 tional period, the institution finds that exten- 6 sion is necessary because the student poses an 7 immediate threat to campus safety and student 8 well-being. 9 ‘‘(B) STUDENT the 10 subject of an allegation is a student organiza- 11 tion, an institution may impose a temporary 12 suspension for a period of not more than 10 13 days on the operations of the organization as 14 an interim sanction under this subsection, but 15 only if the institution determines that the orga- 16 nization has engaged in activity that presents a 17 significant risk to the health and physical safety 18 of campus community members, and that the 19 imposition of the suspension is not done merely 20 for punitive purposes. 21 ‘‘(3) PERIOD IN WHICH INTERIM SANCTION IS 22 IN EFFECT.—An interim sanction imposed under 23 this subsection with respect to an allegation shall 24 terminate upon the expiration of the period in which 25 a law enforcement agency is investigating the allega- f:\VHLC\072815\072815.182.xml July 28, 2015 (2:40 p.m.) VerDate Nov 24 2008 ORGANIZATIONS.—If 14:40 Jul 28, 2015 Jkt 000000 (611081 1) PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SALMON~1.X F:\M14\SALMON\SALMON_084.XML 11 1 tion (as described in subsection (b)), except that if 2 an indictment has been issued with respect to the al- 3 legation and the subject of the allegation is a stu- 4 dent, the institution may continue the sanction, in- 5 cluding a temporary suspension the duration of 6 which would otherwise be limited under paragraph 7 (2)(A), until the completion of the case or the com- 8 pletion of any sentence imposed. 9 ‘‘(4) PROHIBITING OF INTERIM 10 SANCTIONS UPON JOINT REQUEST OF ALLEGED VIC- 11 TIM AND LAW ENFORCEMENT.—In 12 period described in subsection (b)(2), an institution 13 may not impose an interim sanction under this sub- 14 section with respect to a covered allegation during 15 any period for which the alleged victim and the law 16 enforcement agency which is investigating the allega- 17 tion submit a joint request to the institution to not 18 impose such an interim sanction. 19 ‘‘(d) SAFE HARBORS.— addition to the 20 ‘‘(1) INSTITUTIONS.—No institution of higher 21 education which is subject to this part shall be con- 22 sidered to have violated any provision of title IX of 23 the Education Amendments of 1972 (20 U.S.C. 24 1681 et. seq.) or any policy or regulation imple- 25 menting any such provision on the grounds that the f:\VHLC\072815\072815.182.xml July 28, 2015 (2:40 p.m.) VerDate Nov 24 2008 IMPOSITION 14:40 Jul 28, 2015 Jkt 000000 (611081 1) PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SALMON~1.X F:\M14\SALMON\SALMON_084.XML 12 1 institution did not investigate or adjudicate a cov- 2 ered allegation, or did not impose any sanction with 3 respect to a covered allegation, to the extent that the 4 institution was prohibited under this section from 5 initiating or carrying out any institutional discipli- 6 nary proceeding with respect to the allegation. 7 ‘‘(2) STUDENTS.—An institution of higher edu- 8 cation which is subject to this part may not impose 9 a sanction on a student who is a victim of, or a by- 10 stander witness to, an act of sexual violence on the 11 grounds that the student engaged in conduct prohib- 12 ited under the institution’s code of conduct (other 13 than violent conduct) if the institution learned that 14 the student engaged in such conduct as part of a re- 15 port of a covered allegation which was made in good 16 faith by the student to an agent of the institution. 17 ‘‘(e) PRIVACY.—It shall not be a violation of section 18 444 of the General Education Provisions Act (commonly 19 known as the ‘Family Educational Rights and Privacy Act 20 of 1974’) (20 U.S.C. 1232g) for an institution of higher 21 education to report an allegation to a law enforcement 22 agency under subsection (a). 23 ‘‘(f) NO EFFECT ON CIVIL REMEDIES.—Nothing in 24 this section may be construed to limit the authority of any f:\VHLC\072815\072815.182.xml July 28, 2015 (2:40 p.m.) VerDate Nov 24 2008 14:40 Jul 28, 2015 Jkt 000000 (611081 1) PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SALMON~1.X F:\M14\SALMON\SALMON_084.XML 13 1 person to seek a civil remedy in a court of competent juris2 diction with respect to any covered allegation. 3 ‘‘SEC. 164. DUE PROCESS REQUIREMENTS FOR INSTITU- 4 TIONAL DISCIPLINARY PROCEEDINGS. 5 ‘‘(a) DUE PROCESS RIGHTS.—Each institution of 6 higher education which is subject to this part may not im7 pose any sanction on any person, including a student orga8 nization, in response to a covered allegation unless the 9 sanction is imposed under a formal hearing or similar ad10 judicatory proceeding, in accordance with institutional dis11 ciplinary proceedings that meet each of the following re12 quirements: 13 ‘‘(1) The institution shall provide all parties to 14 the proceeding with adequate written notice of the 15 allegation not later than 2 weeks prior to the start 16 of any formal hearing or similar adjudicatory pro- 17 ceeding, and shall include in such notice a descrip- 18 tion of all rights and responsibilities under the pro- 19 ceeding, a statement of all relevant details of the al- 20 legation, and a specific statement of the sanctions 21 which may be imposed. 22 ‘‘(2) The institution shall provide each person 23 against whom the allegation is made with a mean- 24 ingful opportunity to admit or contest the allegation. f:\VHLC\072815\072815.182.xml July 28, 2015 (2:40 p.m.) VerDate Nov 24 2008 14:40 Jul 28, 2015 Jkt 000000 (611081 1) PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SALMON~1.X F:\M14\SALMON\SALMON_084.XML 14 1 ‘‘(3) The institution shall ensure that all parties 2 to the proceeding have access to all material evi- 3 dence, including both inculpatory and exculpatory 4 evidence, not later than one week prior to the start 5 of any formal hearing or similar adjudicatory pro- 6 ceeding. Such evidence may include but is not lim- 7 ited to complainant statements, third-party witness 8 statements, electronically stored information, written 9 communications, social media posts, and demonstra- 10 tive evidence. 11 ‘‘(4) The institution shall permit each party to 12 the proceeding to be represented, at the sole expense 13 of the party, by an attorney or other advocate for 14 the duration of the proceeding, including during the 15 investigation of the allegation and other preliminary 16 stages prior to a formal hearing or similar adjudica- 17 tory proceeding, and shall permit the attorney or 18 other advocate to ask questions in the proceeding, 19 file relevant papers, examine evidence, and examine 20 witnesses (subject to paragraph (5)). 21 ‘‘(5) The institution shall permit each party to 22 the proceeding to safely confront witnesses, includ- 23 ing the complainant, in an appropriate manner, in- 24 cluding by submitting written questions to be asked 25 by the person serving as the adjudicator in any for- f:\VHLC\072815\072815.182.xml July 28, 2015 (2:40 p.m.) VerDate Nov 24 2008 14:40 Jul 28, 2015 Jkt 000000 (611081 1) PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SALMON~1.X F:\M14\SALMON\SALMON_084.XML 15 1 mal hearing or similar adjudicatory proceeding, ex- 2 cept that it shall presumptively improper for any 3 person to make any inquiry about the sexual history 4 of the individual reporting the covered allegation 5 (other than an inquiry made by the individual 6 against whom the allegation is made, or such indi- 7 vidual’s counsel or advocate, about the sexual history 8 between such individual and the individual reporting 9 the covered allegation). 10 ‘‘(6) The institution shall ensure that the pro- 11 ceeding is carried out free from conflicts of interest 12 by ensuring that there is no commingling of admin- 13 istrative or adjudicative roles. For purposes of this 14 paragraph, an institution shall be considered to com- 15 mingle such roles if any individual carries out more 16 than one of the following roles with respect to the 17 proceeding: 18 ‘‘(A) Victim counselor and victim advocate. 19 ‘‘(B) Investigator. 20 ‘‘(C) Prosecutor. 21 ‘‘(D) Adjudicator. 22 ‘‘(E) Appellate adjudicator. 23 ‘‘(b) STANDARD OF PROOF.—An institution of higher 24 education may establish and apply such standard of proof 25 as it considers appropriate for purposes of any adjudica- f:\VHLC\072815\072815.182.xml July 28, 2015 (2:40 p.m.) VerDate Nov 24 2008 14:40 Jul 28, 2015 Jkt 000000 (611081 1) PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SALMON~1.X F:\M14\SALMON\SALMON_084.XML 16 1 tion carried out as part of an institutional disciplinary pro2 ceeding under this section. 3 ‘‘(c) JUDICIAL REVIEW.— 4 ‘‘(1) PRIVATE indi- 5 vidual who is aggrieved by a decision to impose a 6 sanction under an institutional disciplinary pro- 7 ceeding under this section may bring a civil action 8 in an appropriate district court of the United States, 9 but only if the action is brought not later than 1 10 year after the date on which the individual received 11 final notice of the sanction imposed on the individual 12 under the proceeding. 13 ‘‘(2) STANDARD FOR REVIEW.—In any action 14 brought under this subsection, the court may find 15 for the plaintiff only if the court finds that the im- 16 position of the sanction was arbitrary, capricious, or 17 contrary to law. 18 ‘‘(3) RECORDS.—As soon as practicable after a 19 civil action is filed under this subsection, the institu- 20 tion of higher education involved shall forward the 21 administrative record of the institutional disciplinary 22 proceeding to the court. 23 ‘‘(4) DAMAGES AND PREVAILING PARTY 24 FEES.—In 25 court may award the prevailing party (other than f:\VHLC\072815\072815.182.xml July 28, 2015 (2:40 p.m.) VerDate Nov 24 2008 RIGHT OF ACTION.—Any 14:40 Jul 28, 2015 Jkt 000000 any civil action under this subsection, the (611081 1) PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SALMON~1.X F:\M14\SALMON\SALMON_084.XML 17 1 the institution of higher education) compensatory 2 damages, reasonable court costs, attorney fees, in- 3 cluding expert fees, and any other relief in equity or 4 law that the court deems appropriate. 5 ‘‘(d) PUBLICATION IN STUDENT HANDBOOK.—Each 6 institution of higher education which is subject to this part 7 shall publish annually in the institution’s Student Hand8 book (or equivalent publication) a statement of the proce9 dures applicable to institutional disciplinary proceedings 10 under this section, and shall publish such statement in the 11 form of a contract between the institution and its students 12 and student organizations. 13 ‘‘(e) NO RIGHT TO PAID ADVOCATE.—Nothing in 14 this section shall be construed to create a right for any 15 individual to be represented by an attorney or other advo16 cate at an institution of higher education’s expense. 17 ‘‘SEC. 165. PRESERVATION OF SINGLE-SEX EXEMPTION FOR 18 STUDENT ORGANIZATIONS. 19 20 ‘‘(a) RESTATEMENT ON TITLE IX AND OF CONGRESSIONAL POSITION SINGLE-SEX ORGANIZATIONS.—Con- 21 gress finds as follows: 22 ‘‘(1) The enactment of title IX of the Education 23 Amendments of 1972 (commonly known as ‘title 24 IX’) continues to be a vital element of ensuring all 25 Americans have equal access to higher education. f:\VHLC\072815\072815.182.xml July 28, 2015 (2:40 p.m.) VerDate Nov 24 2008 14:40 Jul 28, 2015 Jkt 000000 (611081 1) PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SALMON~1.X F:\M14\SALMON\SALMON_084.XML 18 1 ‘‘(2) The exemption under title IX that allows 2 single-sex organizations to continue to flourish at in- 3 stitutions of higher education is still essential to de- 4 veloping a wide range of enrichment opportunities 5 for students to learn and grow. 6 ‘‘(3) While title IX has done much to provide 7 opportunities for women and men alike, the single- 8 sex exemption is a part of that tapestry of opportu- 9 nities, and institutions of higher education may not 10 take actions that undermine this single-sex exemp- 11 tion. 12 ‘‘(b) PROHIBITING INSTITUTIONS FROM REQUIRING 13 SINGLE-SEX STUDENT ORGANIZATIONS TO WAIVE TITLE 14 IX PROTECTIONS.—An institution of higher education 15 which is subject to this part may not— 16 ‘‘(1) require a student organization which is au- 17 thorized under section 901(a)(6)(A) of the Edu- 18 cation 19 1681(a)(6)(A)) to limit its membership to individ- 20 uals of one sex to admit individuals as members who 21 do not meet the organization’s membership require- 22 ments; of 1972 (20 U.S.C. 23 ‘‘(2) compel a student organization or the gov- 24 erning body of a student organization that is itself 25 comprised of single-sex organizations to accept orga- f:\VHLC\072815\072815.182.xml July 28, 2015 (2:40 p.m.) VerDate Nov 24 2008 Amendments 14:40 Jul 28, 2015 Jkt 000000 (611081 1) PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SALMON~1.X F:\M14\SALMON\SALMON_084.XML 19 1 nizations or individuals that do not meet the organi- 2 zation’s or governing body’s membership qualifica- 3 tions; or 4 ‘‘(3) require an organization which is covered 5 by section 901(a)(6)(A) of the Education Amend- 6 ments of 1972 (20 U.S.C. 1681(a)(6)(A)) to waive 7 its coverage under such section as a disciplinary or 8 punitive measure.’’. 9 (b) EFFECTIVE DATE.—The amendments made by 10 this Act shall apply with respect to allegations made on 11 or after the expiration of the 1-year period that begins 12 on the date of the enactment of this Act. f:\VHLC\072815\072815.182.xml July 28, 2015 (2:40 p.m.) VerDate Nov 24 2008 14:40 Jul 28, 2015 Jkt 000000 (611081 1) PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 C:\USERS\NLWOFSY\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SALMON~1.X