“(iv) Information about to whom the alleged domestic violence, dating violence, sexual assault, or stalking should be reported.“(v) Procedures for institutional disciplinary action in cases of an alleged incident of domestic violence, dating violence, sexual assault, or stalking, which shall include a clear statement that— “(I) such proceedings shall— “(aa) provide a prompt and equitable 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; “(III) both the accuser and the accused shall be simultaneously informed, in writing— “(aa) of the results of any institutional disciplinary proceeding that arises from an allegation of domestic violence, dating violence, sexual assault, or stalking; “(bb) when the institution accepts an appeal of such results; “(cc) of any change to such results that occurs prior to the time that such results become final; and “(dd) when such results become final; and “(IV) any disclosure of results under subclause (III)— “(aa) shall include only the name of the accused, the violation alleged, and whether any institutional rules or code sections were violated, essential findings supporting such 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); “(bb) shall include a notice of whether an appeal will be permitted, a notice of the grounds for appeal, and a clear statement that if an appeal is permitted, both the accuser and the accused shall be entitled to appeal; and “(cc) shall not include identifying information about the victim.
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“(iv) The term ‘dating violence’ has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 (42 U. “(x) The term ‘risk reduction’ means options for recognizing warning signs of abusive behavior, and how to avoid potential attacks. 13925(a)).”; (6) 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, or 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, 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 domestic violence, dating violence, sexual assault, or stalking— “(aa) an explanation of—“(AA) the right of victims of such offenses to notify proper law enforcement authorities, including on-campus and local police;“(BB) the option to be assisted by campus authorities in notifying such authorities if the student or employee so chooses; and“(CC) the right of victims of such offenses to not notify such authorities; “(bb) an explanation of the right of victims of such offenses, when relevant, to seek an order of protection, no contact order, restraining order, or similar lawful order issued by a criminal, civil, or tribal court or enforce an order already in existence; “(cc) contact information for victim advocacy, counseling, health, mental health, legal assistance, and other services available to victims both on-campus and in the local community; “(dd) an explanation of the availability of a victims’ rights advocate to assist in reporting an incident and in locating and utilizing victim services; “(ee) an explanation of the institution’s disciplinary process; and “(ff) suggested safety planning (including a change in residence, class schedule, and travel) and individuals at the institution and in the local community who can assist the victim in implementing safety planning; “(II) a description of how such institution shall help to enforce any order of protection, no contact order, restraining order, or similar lawful order issued by any criminal, civil, or tribal court, if the victim has informed such institution of such order; and “(III) 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.
“(xi) 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. 13925(a)).”; (5) 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. “(B) The policy described in subparagraph (A) shall address the following areas: “(i) Education programs to promote the awareness of the offenses of 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; “(cc) the definition of consent in reference to sexual activity; “(dd) information about reporting such offenses, including such offenses that occur on and off campus; “(ee) the elements of healthy relationships and the right of individuals to live without the fear of becoming a victim of domestic violence, dating violence, sexual assault, or stalking; “(ff) bystander intervention; and “(gg) risk reduction; and “(II) ongoing prevention and awareness campaigns for students and faculty, including information described in items (aa) through (gg) of subclause (I).
(1) in paragraph (1)— (A) in the matter preceding subparagraph (A)— (i) by striking “on August 1, 1991, begin to”; and (ii) by striking “beginning September 1, 1992, and each year thereafter,” and inserting “, by October 1 of each year,”; (B) by striking subparagraph (A) and inserting the following: “(A) A statement of current campus policies regarding procedures and facilities for students, employees, and others in the campus community to report criminal actions or other emergencies occurring on campus, on public property, and in or on noncampus buildings or property, and policies concerning the institution’s response to such reports.”; (C) in subparagraph (C)(iii), by striking the period at the end and adding at the end “, when the victim of such crime elects to make such a report.”; (D) in subparagraph (F)— (i) by striking “and” at the end of clause (i)(IX); (ii) by striking the period at the end of clause (ii) 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.”; and (E) in subparagraph (I), by striking “section 170101(j)” through the end, and inserting “the Jacob Wetterling, Megan Nicole Kanka, and Pam Lychner Sex Offender Registration and Notification Program established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U. “(ii) The term ‘bystander intervention’ means safe and positive options 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. “(v) The term ‘domestic violence’ has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 (42 U. “(viii) The term ‘public property’ means all public property that is within the same reasonably contiguous geographic area of the institution, such as a sidewalk, a street, other thoroughfare, or parking facility, and is adjacent to a facility owned or controlled by the institution if the facility is used by the institution in direct support of, or in a manner related to the institution's educational purposes.
“(iii) The term ‘campus’ means— “(I) any building or property owned or controlled by an institution of higher education within the same reasonably contiguous geographic area of the institution and used by the institution in direct support of, or in a manner related to, the institution's educational purposes, including residence halls; and “(II) property within the same reasonably contiguous geographic area of the institution that is owned by the institution but controlled by another person, is used by students, and supports institutional purposes (such as a food or other retail vendor). “(ix) The term ‘results’ means a decision or determination, made by an honor court or council, committee, commission, or other entity authorized to resolve disciplinary matters within an institution of higher education.
(6) Only of the institutions of higher education in the United States report their crime statistics correctly, resulting in statistics in which instances of sexual assault have been misclassified and underrepresented.
Less than half of all institutions of higher education in the United States offer any sexual assault training, and such training is often provided only for resident advisers and security officers.
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