Text of US SB 5158 (2022)

II 117TH CONGRESS 2D SESSION S. 5158 To strengthen civil rights protections against harassment based on sex, race, color, national origin, disability, or age. IN THE SENATE OF THE UNITED STATES DECEMBER 1, 2022 Mr. CASEY (for himself, Ms. HIRONO, Mr. BOOKER, Mr. WHITEHOUSE, and Ms. BALDWIN) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To strengthen civil rights protections against harassment based on sex, race, color, national origin, disability, or age. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Students’ Access to Freedom and Educational Rights 5 Act of 2022’’. 6 (b) TABLE OF CONTENTS.—The table of contents for 7 this Act is as follows: 8 Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I—PROHIBITION ON HARASSMENT VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 2 •S 5158 IS Sec. 101. Amendments to title IX of the Education Amendments of 1972. Sec. 102. Amendments to the Rehabilitation Act of 1973. Sec. 103. Amendments to title VI of the Civil Rights Act of 1964. Sec. 104. Amendments to the Age Discrimination Act of 1975. TITLE II—TRANSPARENCY, TRAINING, AND SUPPORT FOR STUDENTS Sec. 201. Department of Education enforcement. Sec. 202. Disclosure of religious exemptions from title IX of the Education Amendments of 1972. Sec. 203. Climate surveys for k–12 schools. Sec. 204. Civil Rights Data Collection. Sec. 205. Support for students. Sec. 206. Title IX coordinators and training requirements. SEC. 2. FINDINGS. 1 Congress finds the following: 2 (1) During a decade of civil rights reforms, 3 Congress passed title VI of the Civil Rights Act of 4 1964 (42 U.S.C. 2000d et seq.) (referred to in this 5 section as ‘‘title VI’’), which prohibits discrimination 6 based on race, color, or national origin in federally 7 funded programs and activities; title IX of the Edu- 8 cation Amendments of 1972 (20 U.S.C. 1681 et 9 seq.) (referred to in this section as ‘‘title IX’’), 10 which prohibits sex discrimination in federally fund- 11 ed education programs and activities; section 504 of 12 the Rehabilitation Act of 1973 (29 U.S.C. 794) (re- 13 ferred to in this section as ‘‘section 504’’), which 14 prohibits discrimination based on disability in feder- 15 ally funded programs and activities; and the Age 16 Discrimination Act of 1975 (42 U.S.C. 6101 et 17 seq.), which prohibits discrimination based on age in 18 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 3 •S 5158 IS federally funded programs and activities. Half a cen- 1 tury after their passage, still more needs to be done 2 to ensure that students enjoy protections consistent 3 with the spirit, intent, and promise of these 4 groundbreaking civil rights laws. 5 (2) Schools are still failing to take necessary 6 steps to prevent harassment on the basis of sex, 7 race, national origin, color, and disability and pro- 8 vide survivors of sexual assault and other forms of 9 harassment—especially women and girls, students of 10 color, LGBTQI+ students, and students with dis- 11 abilities—the support and services they need to feel 12 safe and learn in school, denying them equal edu- 13 cational opportunities. 14 (3) As the Supreme Court has held in Franklin 15 v. Gwinnett County Public Schools, 503 U.S. 60 16 (1992), and Davis v. Monroe County Board of Edu- 17 cation, 526 U.S. 629 (1999), covered entities are re- 18 sponsible for preventing and addressing harassment 19 on the basis of sex in their education programs and 20 activities under title IX. Following this principle, 21 courts have similarly required funding recipients to 22 address harassment based on race, color, national 23 origin, and disability in their education programs 24 and activities. 25 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 4 •S 5158 IS (4) Perpetrators of harassment based on sex, 1 race, color, national origin, or disability at school are 2 not limited to students, nor are the victims of such 3 harassment. Incidents have also involved faculty, ad- 4 ministrators, coaches, volunteers, other staff mem- 5 bers, and visitors. 6 (5) Sexual harassment of students, especially of 7 women and girls, students of color, students with 8 disabilities, and LGBTQI+ students, is widely prev- 9 alent in K–12 and higher education. For example— 10 (A) 1 in 5 girls ages 14 through 18 have 11 been kissed or touched without their consent, 12 58 percent of LGBTQI+ youth ages 13 13 through 21 have been sexually harassed, and 14 disabled children are 2.9 times more likely than 15 their peers to be sexually assaulted; 16 (B) women and girls of color are more like- 17 ly to experience sexual harassment in school 18 than their White peers; and 19 (C) in college— 20 (i) more than 1 in 4 women, more 21 than 1 in 15 men, and nearly 1 in 4 22 transgender, nonbinary, and gender-non- 23 conforming students are sexually assaulted 24 during their time as undergraduates; 25 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 5 •S 5158 IS (ii) 1 in 7 women, 1 in 10 men, and 1 1 in 5 transgender, nonbinary, and gender- 2 nonconforming students experience dating 3 violence or domestic violence as under- 4 graduates; and 5 (iii) 1 in 10 women, 1 in 33 men, and 6 1 in 7 transgender, nonbinary, and gender- 7 nonconforming students experience stalk- 8 ing as undergraduates. 9 (6) Students also experience forms of sex-based 10 harassment beyond sexual harassment, such as har- 11 assment based on sexual orientation, gender identity, 12 sex characteristics (including intersex status), preg- 13 nancy, childbirth, medical conditions related to preg- 14 nancy or childbirth, and sex stereotypes. 15 (A) For example, according to one study, 16 86.3 percent of LGBTQI+ students experi- 17 enced harassment or assault based on personal 18 characteristics, 77.6 percent reported avoiding 19 school functions, and 71.8 percent reported 20 avoiding extracurricular activities because they 21 felt unsafe or uncomfortable. 22 (B) According to another study, 64 percent 23 of girls who were pregnant or parenting re- 24 ported not feeling safe at school as a barrier to 25 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 6 •S 5158 IS attending school compared to 32 percent of 1 girls overall. 2 (7) Like sex-based harassment, harassment 3 based on race, color, national origin, and disability 4 remains a problem at educational institutions. 5 (A) Between 2011 and 2016, the National 6 Center for Education Statistics documented a 7 40-percent increase in college campus hate inci- 8 dents. According to the Bureau of Justice Sta- 9 tistics, racial bias is the most common motiva- 10 tion behind these hate incidents. 11 (B) The Centers for Disease Control and 12 Prevention has agreed that racism has a pro- 13 found and negative impact on the mental and 14 physical health of people of color. As such, rac- 15 ist incidents can take a serious toll on students’ 16 overall health and well-being, even affecting 17 their academic performance. A 2021 UCLA 18 study found that young adults who experience 19 discrimination are at higher risk for both short 20 and long-term behavioral and mental health 21 problems that are exacerbated with each inci- 22 dent. 23 (C) According to the Department of Jus- 24 tice, the rate of violence victimization against 25 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 7 •S 5158 IS persons with disabilities is nearly 4 times the 1 rate for nondisabled persons. Nearly 1⁄3 of chil- 2 dren and adolescents with disabilities have ex- 3 perienced violence. Corporal punishment is al- 4 most twice as high in schools with a higher pro- 5 portion of students with disabilities receiving 6 special education services as in other schools. 7 Girls with disabilities are also at higher risk of 8 sexual violence perpetrated by their peers than 9 nondisabled girls. 10 (8) The Government Accountability Office esti- 11 mated that about 1 in 4 students aged 12–18 saw 12 hate words or symbols written at schools in 2014– 13 2015, 2016–2017, and 2018–2019. 14 (9) Students also often experience intersectional 15 forms of harassment that, for example, may include 16 sexual harassment that is racialized or harassment 17 based on having a disability and being transgender, 18 among other types of intersectional harassment. 19 (10) Few students report harassment to their 20 schools, often because of shame or self-blame, fear 21 of retaliation, fear of being ignored or disciplined, 22 fear of police or immigration officials, or lack of 23 knowledge of services schools can offer to help. In 24 particular, women and girls of color, women and 25 VerDate Sep 11 2014 03:47 Dec 09, 2022 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 8 •S 5158 IS girls with disabilities, pregnant and parenting stu- 1 dents, and LGBTQI+ students are too often dis- 2 believed and met with unsupportive responses, in- 3 cluding retaliation, after reporting sexual harass- 4 ment because of stereotypes that label them as less 5 credible. Men and boys, too, are often disbelieved or 6 dismissed when they report sexual harassment. 7 (11) Failure of a school to comply with title IX, 8 title VI, and section 504 may limit or deny the abil- 9 ity of students, employees, and others to participate 10 in or benefit from the school’s education programs 11 or activities leading to discrimination by creating a 12 hostile learning environment that impedes edu- 13 cational attainment, damages rights to equal edu- 14 cational opportunities, and undermines learning for 15 all. 16 (12) When schools fail to protect student vic- 17 tims of harassment, including by failing to offer sup- 18 portive measures that are designed to preserve and 19 restore the educational opportunities of the victim, 20 students often suffer in the form of emotional dis- 21 tress, mental health consequences, lower academic 22 achievement, lost scholarships and financial aid, 23 poor school attendance, and decreased school com- 24 pletion rates. Moreover, many schools may respond 25 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 9 •S 5158 IS negatively to harassment by creating additional trau- 1 ma and harm for the student victim (often by, for 2 example, blaming the student for their victimization 3 or by refusing to help them), which is also known as 4 ‘‘institutional betrayal’’. Harm may also be caused 5 by the Title IX coordinators having a conflict of in- 6 terest, such as serving within school leadership or 7 local educational agency leadership (including serv- 8 ing as a principal, vice principal, headmaster, super- 9 intendent, board member, general counsel, athletics 10 director, coach, or dean of students, or on a judicial 11 hearing board or in a position to whom an appeal 12 might be made). 13 (13) The language of title IX is broad and 14 sweeping, making clear that the intent of Congress 15 is to provide avenues of redress for opening the 16 courthouse doors to victims of a wide range of sex 17 discrimination in schools. However, since the pas- 18 sage of title IX, courts have created barriers that 19 make it extraordinarily difficult for survivors to ob- 20 tain redress from schools through private litigation. 21 (14) In a 5 to 4 opinion in Gebser v. Lago 22 Vista Independent School District, 524 U.S. 274 23 (1998), the Supreme Court held that students sub- 24 jected to sex-based harassment by their teachers 25 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 10 •S 5158 IS may receive a damages remedy in private litigation 1 under title IX only when school officials with ‘‘au- 2 thority to institute correct measures’’ on the recipi- 3 ent’s behalf have ‘‘actual notice’’ of the harassment 4 and are ‘‘deliberately indifferent’’, or respond in a 5 clearly unreasonable manner, to it. A year later, in 6 Davis v. Monroe County Board of Education, 526 7 U.S. 629 (1999), the Supreme Court held that in 8 order to receive money damages under title IX, stu- 9 dents who experience sex-based harassment by their 10 peers, must additionally show that the harassment is 11 ‘‘so severe, pervasive, and objectively offensive that 12 it can be said to deprive the victims of access to the 13 educational opportunities or benefits provided by the 14 school.’’ Courts have applied the same standards in 15 requiring funding recipients to address harassment 16 based on race, color, national origin, or disability. 17 (15) In contrast, in the workplace, under title 18 VII of the Civil Rights Act of 1964 (42 U.S.C. 19 2000e et seq.) (referred to in this section as ‘‘title 20 VII’’), a plaintiff experiencing harassment based on 21 sex, race, color, national origin, or religion by a co- 22 worker or other non-supervisor need only show their 23 employer reacted negligently in response to severe or 24 pervasive harassment of which the employer knew or 25 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 11 •S 5158 IS should have known. And sometimes—such as when 1 a supervisor fires someone because they refuse to 2 submit to sexual advances—title VII automatically 3 holds an employer liable. 4 (16) Although they do not affect the relevant 5 standards for individuals to obtain injunctive and 6 equitable relief for harassment on the basis of race, 7 color, sex, national origin, age, or disability under 8 covered programs and activities, the Supreme 9 Court’s decisions in Gebser v. Lago Vista Inde- 10 pendent School District and Davis v. Monroe County 11 Board of Education and lower court opinions se- 12 verely limit the availability of remedies for such indi- 13 viduals by imposing more stringent standards for re- 14 covery of damages. Yet in many cases, damages are 15 the only remedy that would effectively rectify past 16 harassment. Further, in 2022, in Cummings v. Pre- 17 mier Rehab Keller PLLC, 142 S. Ct. 1562 (2022), 18 the Supreme Court limited the ability of plaintiffs 19 bringing disability discrimination claims under the 20 Patient Protection and Affordable Care Act (Public 21 Law 111–148) and section 504 to recover emotional 22 distress damages, which are often the sole or pri- 23 mary remedy for survivors of harassment. The dis- 24 senting Justices in Cummings warned that this rul- 25 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 12 •S 5158 IS ing upset Congressional intent and longstanding 1 precedent under these and other statues, suggesting 2 the possibility that its logic might be extended in the 3 future to other laws such as title IX and title VI. 4 Some lower courts have added additional onerous 5 barriers, such as one under which a school is liable 6 for its failure to address known sexual harassment 7 only if the victim later experiences further sexual 8 harassment as a result of this failure. 9 (17) These limitations thwart the purpose of 10 Congress to protect students from harassment and 11 ensure non-discriminatory educational environments. 12 They create prohibitively high standards for the law- 13 suits of students regarding harassment based on sex, 14 race, color, national origin, and disability under title 15 IX, title VI, and section 504 that are more onerous 16 than those applicable to workplace harassment law- 17 suits under title VII. As a result, schools may do 18 less to address harassment against their students 19 than to address the same harassment of their em- 20 ployees. This means that students, who are often 21 children and young adults, must suffer worse har- 22 assment than adult employees before they are enti- 23 tled to a remedy in court. 24 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 13 •S 5158 IS (18) Gebser v. Lago Vista Independent School 1 District, Davis v. Monroe County Board of Edu- 2 cation, and subsequent opinions create an incentive 3 for covered entities to insulate themselves from 4 knowledge of harassment rather than adopting and 5 enforcing practices that will minimize the danger of 6 such harassment. These opinions thus undermine 7 the purpose of prohibitions on discrimination in the 8 civil rights laws, which is to induce covered pro- 9 grams or activities to adopt and enforce practices 10 that will minimize the danger that vulnerable stu- 11 dents or other persons will be exposed to such odious 12 behavior. 13 (19) Current title IX regulations issued by the 14 Department of Education in 2020 entitled ‘‘Non- 15 discrimination on the Basis of Sex in Education 16 Programs or Activities Receiving Federal Financial 17 Assistance’’ (part 106 of title 34, Code of Federal 18 Regulations), have made it more difficult for student 19 survivors to report harassment to schools and receive 20 help, including by, for example, only allowing schools 21 to respond to title IX complaints of sexual harass- 22 ment that is so severe, pervasive, and objectively of- 23 fensive that it effectively denies a person equal ac- 24 cess to a school program or activity—meaning stu- 25 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 14 •S 5158 IS dents will have to endure repeated and escalating 1 levels of harassment before their complaint can even 2 be investigated. These regulations also pose uniquely 3 burdensome procedures for cases of sexual harass- 4 ment that are not required for any other type of stu- 5 dent or staff misconduct, further sweeping sexual vi- 6 olence under the rug. 7 (20) Department of Education guidance ex- 8 plains the requirement under title VI and section 9 504 for institutions to respond to harassment based 10 on disability, race, color, or national origin that is 11 sufficiently serious to deny or limit the ability of a 12 student to participate in or benefit from the edu- 13 cation programs and activities of the recipient. 14 (21) Schools with affirming and welcoming en- 15 vironments that provide support and protection 16 against all forms of harassment and discrimination 17 ensure that students have better social, behavioral, 18 academic, and mental health outcomes. 19 (22) Legislative action is necessary and appro- 20 priate to restore the access to the courts that was 21 sharply limited by Gebser v. Lago Vista Independent 22 School District, Davis v. Monroe County Board of 23 Education, Cummings v. Premier Rehab, and other 24 court opinions, restore the availability of a full range 25 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 15 •S 5158 IS of remedies for harassment based on sex, race, color, 1 national origin, disability, or age, and prevent dis- 2 criminatory harassment in schools. Any action needs 3 to take into full account the intersectionality of inci- 4 dents of harassment in educational programs or ac- 5 tivities. Sex-based violence and harassment often 6 harms those populations already most vulnerable at 7 education institutions. 8 (23) In landmark rulings in Price Waterhouse 9 v. Hopkins 490 U.S. 228 (1989) and Bostock v. 10 Clayton County, Ga. (2020), the Supreme Court cor- 11 rectly interpreted title VII to hold that discrimina- 12 tion on the basis of sex stereotypes, sexual orienta- 13 tion, or gender identity necessarily constitute dis- 14 crimination ‘‘because of sex’’. To date, Federal 15 courts of appeal have held uniformly that these hold- 16 ings apply equally to title IX. Legislative action is 17 necessary and appropriate to codify these established 18 interpretations of title IX law and ensure support 19 and protection for LGBTQI+ students against se- 20 vere and widespread discriminatory harassment. 21 (24) Discrimination by State and local govern- 22 ments on the basis of sex, race, color, national ori- 23 gin, age, or disability in education programs and ac- 24 tivities receiving Federal financial assistance violates 25 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 16 •S 5158 IS the Equal Protection Clause of the 14th Amendment 1 to the Constitution of the United States. In many 2 circumstances, such discrimination also violates 3 other constitutional rights such as those of liberty 4 and privacy under the Due Process Clause of the 5 14th Amendment. Congress may validly invoke its 6 powers under the 14th Amendment to provide a full 7 range of remedies in response to discrimination by 8 both private and government actors. 9 (25) In enacting the protections of the amend- 10 ments made by this Act, Congress is acting pursuant 11 to its authority under section 5 of the 14th Amend- 12 ment to the Constitution of the United States, the 13 Commerce Clause of section 8 of article I of the 14 Constitution of the United States, and the Spending 15 Clause of section 8 of article I of the Constitution 16 of the United States. 17 (26) Members of Congress have long been advo- 18 cating for substantive reforms that support student 19 survivors and ensure gender equity in schools, in- 20 cluding the HALT on Campus Sexual Violence Act, 21 the Supporting Survivors of Sexual Harassment in 22 Schools Act of 2020, the Patsy T. Mink and Louise 23 M. Slaughter Gender Equity in Education Act, the 24 Stop Sexual Harassment in K–12 Act, and the Ex- 25 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 17 •S 5158 IS posing Discrimination in Higher Education Act. 1 Provisions from these groundbreaking pieces of leg- 2 islation serve as the foundation on which any larger 3 comprehensive reform must be built. 4 (27) Restoring the availability of a full range of 5 remedies for harassment will— 6 (A) ensure that students and other persons 7 participating or attempting to participate in 8 federally funded programs and activities have 9 protection from harassment on the basis of sex 10 (including sexual orientation, gender identity, 11 sex characteristics, pregnancy, childbirth, a 12 medical condition related to pregnancy or child- 13 birth, and sex stereotypes), race, color, national 14 origin, disability, or age; 15 (B) encourage covered entities to adopt 16 and enforce meaningful policies and procedures 17 to prevent and remedy harassment; 18 (C) deter incidents of harassment; and 19 (D) provide appropriate remedies for har- 20 assment. 21 (28) Schools do not harass students on the 22 basis of race, gender, or sex when they teach or in- 23 corporate anti-racism principles, diversity, equity 24 and inclusion practices, culturally relevant cur- 25 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 18 •S 5158 IS riculum and culturally responsive teaching, critical 1 race theory, or otherwise focus the experiences of 2 students of color, women and girls, and LGBTQI+ 3 students. Indeed, such teaching and training, when 4 implemented appropriately, may often further the 5 purposes of the mandate of title VI to prohibit dis- 6 crimination based on race, color, and national origin 7 and the mandate of title IX to prohibit discrimina- 8 tion based on sex, while also ensuring that schools 9 are advancing equity. 10 TITLE I—PROHIBITION ON 11 HARASSMENT 12 SEC. 101. AMENDMENTS TO TITLE IX OF THE EDUCATION 13 AMENDMENTS OF 1972. 14 Title IX of the Education Amendments of 1972 (20 15 U.S.C. 1681 et seq.) is amended— 16 (1) in section 901, by adding at end the fol- 17 lowing: 18 ‘‘(d) LIABILITY FOR SEX-BASED HARASSMENT.— 19 ‘‘(1) HARASSMENT BY AGENTS, EMPLOYEES, 20 AND OTHER PERSONS AUTHORIZED BY THE RECIPI- 21 ENT TO PROVIDE AID, BENEFIT, OR SERVICE.—Sub- 22 ject to subsection (e), a recipient shall be liable if its 23 agent, employee, or other person authorized by the 24 recipient to provide aid, benefit, or service under the 25 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 19 •S 5158 IS recipient’s program or activity, engages in sex-based 1 harassment against a person who participates in or 2 receives any benefit, service, or opportunity from 3 such program or activity, or who attempts to receive 4 such benefit, service, or opportunity, regardless of 5 where the harassment occurs, if— 6 ‘‘(A) the harassment is enabled or assisted 7 by the authority exercised as an agent, em- 8 ployee, or other authorized person of the recipi- 9 ent; or 10 ‘‘(B) the recipient receives notice of the 11 harassment. 12 ‘‘(2) HARASSMENT BY NON-AGENTS, NON-EM- 13 PLOYEES, AND OTHER NON-AUTHORIZED PER- 14 SONS.—Subject to subsection (e), a recipient is liable 15 for sex-based harassment if a person who is not its 16 agent, employee, or other authorized person, engages 17 in sex-based harassment against a person who is 18 participating in or receiving any benefit, service, or 19 opportunity from such program or activity, or who 20 is attempting to do so, regardless of where the har- 21 assment occurs, if the recipient receives notice of the 22 harassment. 23 ‘‘(e) AFFIRMATIVE DEFENSE.— 24 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 20 •S 5158 IS ‘‘(1) IN GENERAL.—A recipient is not liable in 1 a private action for damages under subsection (d) 2 for sex-based harassment, if the recipient dem- 3 onstrates that it exercised reasonable care to prevent 4 sex-based harassment and to promptly remedy the 5 effects of the sex-based harassment at issue, includ- 6 ing through a demonstration by the recipient that 7 it— 8 ‘‘(A) established, adequately publicized, 9 and enforced an effective and comprehensive 10 sex-based harassment prevention policy, train- 11 ing, and complaint procedure that is likely to 12 provide redress and to avoid harm without ex- 13 posing the person subjected to such harassment 14 to undue risk, effort, or expense; 15 ‘‘(B) if requested by an aggrieved person 16 subjected to sex-based harassment (or the par- 17 ent or guardian of such person, if such person 18 is a minor), or otherwise necessary to protect 19 such person or other persons in such program 20 or activity from a significant ongoing threat of 21 harm, undertook a prompt, thorough, and im- 22 partial investigation of such harassment; 23 ‘‘(C) provided supportive measures that 24 have the purpose and effect of preserving and 25 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 21 •S 5158 IS restoring a person subjected to sex-based har- 1 assment’s equal access to the recipient’s edu- 2 cation program or activity, regardless of wheth- 3 er such person requests an investigation; and 4 ‘‘(D) took other necessary, immediate, and 5 appropriate corrective action designed to stop 6 such harassment and remedy its effects. 7 ‘‘(2) NOT ESTABLISHING REASONABLE CARE.— 8 A showing that the harassment did not recur after 9 the recipient received notice of the harassment does 10 not establish reasonable care absent the demonstra- 11 tion required by subparagraphs (A) through (D) of 12 paragraph (1). 13 ‘‘(f) NOTICE.—A recipient receives notice of sex- 14 based harassment if an agent, employee, or other author- 15 ized person of the recipient, or in the exercise of reason- 16 able care should have known, about the harassment and— 17 ‘‘(1) has the authority to take action to redress 18 the harassment; 19 ‘‘(2) has the responsibility to report to an ad- 20 ministrator harassment or similar misconduct by 21 others; or 22 ‘‘(3) receives a report of such harassment from 23 an individual who could reasonably believe that the 24 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 22 •S 5158 IS agent, employee, or other authorized person is as de- 1 scribed in paragraph (1) or (2).’’; 2 (2) in section 903— 3 (A) in the 1st sentence by inserting ‘‘(a)’’ 4 before ‘‘Any’’; and 5 (B) by adding at the end of the following: 6 ‘‘(b) Any person aggrieved by the failure of a recipi- 7 ent to comply with section 901, or a rule issued under 8 this title, may bring a civil action in any court of com- 9 petent jurisdiction. 10 ‘‘(c) In a civil action brought for a violation of section 11 901 by or on behalf of a person aggrieved by a violation 12 of section 901, such person may recover equitable and 13 legal relief (such as compensatory damages, including for 14 emotional distress, and punitive damages), and attorney’s 15 fees (including expert fees).’’; and 16 (3) by inserting after section 908 the following: 17 ‘‘SEC. 908A. DEFINITIONS. 18 ‘‘For purposes of this title— 19 ‘‘(1) the term ‘gender identity’— 20 ‘‘(A) means a person’s internal sense of 21 gender, which could be female, male, or another 22 gender; 23 ‘‘(B) includes a person’s gender expression, 24 which is how they present their gender identity 25 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 23 •S 5158 IS outwardly, including through appearance, man- 1 nerisms, dress, or other gender-related charac- 2 teristics; and 3 ‘‘(C) may or may not match their des- 4 ignated sex at birth; 5 ‘‘(2) the term ‘on the basis of sex’ includes, 6 inter alia, on the basis of, perceived or actual— 7 ‘‘(A) sex stereotypes; 8 ‘‘(B) pregnancy or related conditions, in- 9 cluding— 10 ‘‘(i) childbirth, termination of preg- 11 nancy, or lactation; 12 ‘‘(ii) medical conditions related to 13 pregnancy, childbirth, termination of preg- 14 nancy, or lactation; or 15 ‘‘(iii) recovery from pregnancy, child- 16 birth, termination of pregnancy, lactation, 17 or their related medical conditions; 18 ‘‘(C) sexual orientation; 19 ‘‘(D) gender identity; or 20 ‘‘(E) sex characteristics, including inter-sex 21 traits; 22 ‘‘(3) the term ‘recipient’ means an entity de- 23 scribed in any of paragraphs (1) through (4) of sec- 24 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 24 •S 5158 IS tion 908 and includes any entity that exercises con- 1 trolling authority over such recipient; 2 ‘‘(4) the term ‘sex-based harassment’— 3 ‘‘(A) means conduct on the basis of sex, in- 4 cluding conduct of a sexual nature, that unrea- 5 sonably alters a person’s ability to participate 6 in or receive any benefit, service, or opportunity 7 from an education program or activity that re- 8 ceives Federal financial assistance, including by 9 creating an intimidating, hostile, or offensive 10 environment; and 11 ‘‘(B) includes an employee, agent, or other 12 person authorized by the recipient to provide an 13 aid, benefit, or service under the recipient’s 14 education program or activity, explicitly or 15 impliedly conditioning the provision of such an 16 aid, benefit, or service on a person’s participa- 17 tion in sexual conduct; and 18 ‘‘(5) the term ‘sexual orientation’ includes ho- 19 mosexuality, heterosexuality, bisexuality, 20 pansexuality, and asexuality.’’. 21 SEC. 102. AMENDMENTS TO THE REHABILITATION ACT OF 22 1973. 23 (a) NONDISCRIMINATION UNDER FEDERAL GRANTS 24 AND PROGRAMS.—Section 504 of the Rehabilitation Act 25 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 25 •S 5158 IS of 1973 (29 U.S.C. 794) is amended by adding at the end 1 the following: 2 ‘‘(e) PROHIBITION OF HARASSMENT ON THE BASIS 3 OF DISABILITY.— 4 ‘‘(1) LIABILITY FOR DISABILITY-BASED HAR- 5 ASSMENT.—Subject to paragraph (2), in an action 6 pursuant to section 505(a)(2), a recipient receiving 7 Federal financial assistance under any program or 8 activity or any program or activity conducted by any 9 Executive agency or by the United States Postal 10 Service shall be liable for harassment on the basis 11 of disability as follows: 12 ‘‘(A) HARASSMENT BY AGENTS, EMPLOY- 13 EES, AND OTHER PERSONS AUTHORIZED BY 14 THE RECIPIENT TO PROVIDE AID, BENEFITS, 15 OR SERVICES UNDER THE RECIPIENT’S PRO- 16 GRAMS OR ACTIVITIES.—A recipient is liable if 17 its agent, employee, or other person authorized 18 by the recipient to provide aid, benefit, or serv- 19 ice under the recipient’s program or activity, 20 engages in harassment on the basis of disability 21 against a person who participates in or receives 22 any benefit, service, or opportunity from such 23 program or activity, or who attempts to receive 24 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 26 •S 5158 IS such benefit, service, or activity, regardless of 1 where the harassment occurs, if— 2 ‘‘(i) the harassment is enabled or as- 3 sisted by the authority exercised as an 4 agent, employee, or other authorized per- 5 son of the recipient; or 6 ‘‘(ii) the recipient receives notice of 7 the harassment. 8 ‘‘(B) HARASSMENT BY NON-AGENTS, NON- 9 EMPLOYEES, AND OTHER NON-AUTHORIZED 10 PERSONS.—A recipient is liable for harassment 11 on the basis of disability if a person who is not 12 its agent, employee, or other authorized person, 13 engages in harassment on the basis of disability 14 against a person who is participating in or re- 15 ceiving any benefit, service, or opportunity 16 under such program or activity, or who is at- 17 tempting to do so, regardless of where the har- 18 assment occurs, if the recipient receives notice 19 of the harassment. 20 ‘‘(2) AFFIRMATIVE DEFENSE.— 21 ‘‘(A) IN GENERAL.—A recipient is not lia- 22 ble in a private action for damages under para- 23 graph (1) for harassment on the basis of dis- 24 ability, if the recipient demonstrates that it ex- 25 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 27 •S 5158 IS ercised reasonable care to prevent harassment 1 on the basis of disability, and promptly remedy 2 the effects of the harassment at issue, including 3 through a demonstration by the recipient that 4 it— 5 ‘‘(i) established, adequately publicized, 6 and enforced an effective and comprehen- 7 sive harassment prevention policy, training, 8 and complaint procedure that is likely to 9 provide redress and avoid harm without ex- 10 posing the person subjected to the harass- 11 ment to undue risk, effort, or expense; 12 ‘‘(ii) if requested by such person, 13 third party, or otherwise necessary to pro- 14 tect that person or other persons within 15 the program or activity from a significant 16 ongoing threat, undertook a prompt, thor- 17 ough, and impartial investigation of the 18 harassment at issue; 19 ‘‘(iii) provided supportive measures 20 that had the purpose and effect of pre- 21 serving and restoring the aggrieved per- 22 son’s equal access to the benefits or oppor- 23 tunities of the program or activity, regard- 24 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 28 •S 5158 IS less of whether the aggrieved person re- 1 quested an investigation; and 2 ‘‘(iv) took other necessary, immediate, 3 and appropriate corrective action designed 4 to stop the harassment and remedy its ef- 5 fects. 6 ‘‘(B) NOT ESTABLISHING REASONABLE 7 CARE.—A showing that the harassment did not 8 recur after the recipient received notice of the 9 harassment does not establish reasonable care 10 absent the demonstration required by clauses 11 (i) through (iv) of subparagraph (A). 12 ‘‘(3) NOTICE.—A recipient receives notice of 13 harassment on the basis of disability when any of 14 the following individuals knew or, in the exercise of 15 reasonable care, should have known about the har- 16 assment: 17 ‘‘(A) An agent, employee, or other author- 18 ized person of the recipient who has the author- 19 ity to take action to redress the harassment. 20 ‘‘(B) An agent, employee, or other author- 21 ized person of the recipient who has the respon- 22 sibility to report to an administrator harass- 23 ment or similar misconduct by others. 24 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 29 •S 5158 IS ‘‘(C) An agent, employee, or other author- 1 ized person of the recipient to whom an indi- 2 vidual has made a report of harassment based 3 on the reasonable belief that the agent, em- 4 ployee, or other authorized person is an indi- 5 vidual described in subparagraph (A) or (B). 6 ‘‘(4) DEFINITIONS.—In this subsection: 7 ‘‘(A) HARASSMENT ON THE BASIS OF DIS- 8 ABILITY.—The term ‘harassment on the basis 9 of disability’ means a form of discrimination on 10 the basis of disability that alters a person’s 11 ability to participate in or receive any benefit, 12 service, or opportunity under a program or ac- 13 tivity receiving Federal financial assistance or 14 any program or activity conducted by any Exec- 15 utive agency or by the United States Postal 16 Service, including by creating an intimidating, 17 hostile, or offensive environment. 18 ‘‘(B) RECIPIENT.—The term ‘recipient’ 19 means an entity described in any of paragraphs 20 (1) through (4) of subsection (b), any entity 21 that exercises controlling authority over such an 22 entity, and any Executive agency or the United 23 States Postal Service.’’. 24 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 30 •S 5158 IS (b) REMEDIES AND RIGHT OF ACTION.—Section 505 1 of the Rehabilitation Act of 1973 (29 U.S.C. 794a) is 2 amended— 3 (1) in subsection (a)(2), by inserting at the end 4 the following: ‘‘Any person aggrieved by the failure 5 of a recipient to comply with section 504, including 6 any regulation promulgated pursuant to such sec- 7 tion, may bring a civil action in any court of com- 8 petent jurisdiction.’’; and 9 (2) by amending subsection (b) to read as fol- 10 lows: 11 ‘‘(b) ATTORNEY AND EXPERT FEES AND RIGHT OF 12 RECOVERY.— 13 ‘‘(1) IN GENERAL.—In any action or proceeding 14 to enforce or charge a violation of a provision of this 15 title, including any regulation promulgated pursuant 16 to this title, the court, in its discretion, may allow 17 the prevailing party, other than the United States, 18 a reasonable attorney’s fee and expert fees as part 19 of the costs. 20 ‘‘(2) RIGHT OF RECOVERY.—In an action 21 brought against a recipient by (including on behalf 22 of) an aggrieved person, the aggrieved person may 23 recover equitable and legal relief (such as compen- 24 satory damages, including for emotional distress, 25 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 31 •S 5158 IS and punitive damages), and attorney’s fees (includ- 1 ing expert fees).’’. 2 SEC. 103. AMENDMENTS TO TITLE VI OF THE CIVIL RIGHTS 3 ACT OF 1964. 4 Section 602 of the Civil Rights Act of 1964 (42 5 U.S.C. 2000d–1) is amended— 6 (1) by striking ‘‘Each Federal department’’ in- 7 serting the following subsection: 8 ‘‘(a) IN GENERAL.—Each Federal department’’; and 9 (2) by adding at the end the following new sub- 10 section: 11 ‘‘(b) PROHIBITION OF HARASSMENT AS DISCRIMINA- 12 TION.— 13 ‘‘(1) LIABILITY FOR HARASSMENT BASED ON 14 RACE, COLOR, OR NATIONAL ORIGIN.—In an action 15 pursuant to subsection (c) of this section, a recipient 16 shall be liable for harassment on the basis of race, 17 color, or national origin as follows: 18 ‘‘(A) HARASSMENT BY AGENTS, EMPLOY- 19 EES, AND OTHER PERSONS AUTHORIZED BY 20 THE RECIPIENT TO PROVIDE AID, BENEFITS, 21 OR SERVICES UNDER THE RECIPIENT’S PRO- 22 GRAMS OR ACTIVITIES.—Subject to subpara- 23 graph (C), a recipient is liable if its agent, em- 24 ployee, or other person authorized by the recipi- 25 VerDate Sep 11 2014 03:47 Dec 09, 2022 Jkt 039200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 32 •S 5158 IS ent to provide aid, benefit, or service under the 1 recipient’s program or activity, engages in har- 2 assment on the basis of race, color, or national 3 origin against a person who participates in or 4 receives any benefit, service, or opportunity 5 from such program or activity, or who attempts 6 to receive such benefit, service, or opportunity, 7 regardless of where the harassment occurs, if— 8 ‘‘(i) the harassment is enabled or as- 9 sisted by the authority exercised as an em- 10 ployee, agent, or other authorized person 11 of the recipient; or 12 ‘‘(ii) the recipient receives notice of 13 the harassment. 14 ‘‘(B) HARASSMENT BY NON-AGENTS, NON- 15 EMPLOYEES, AND OTHER NON-AUTHORIZED 16 PERSONS.—Subject to subparagraph (C), a re- 17 cipient is liable for harassment on the basis of 18 race, color, or national origin if a person who 19 is not its agent, employee, or other authorized 20 person, engages in harassment on the basis of 21 race, color, or national origin against a person 22 who is participating in or receiving any benefit, 23 service, or opportunity from a program or activ- 24 ity receiving Federal financial assistance, or 25 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 33 •S 5158 IS who is attempting to do so, regardless of where 1 the harassment occurs, if the recipient receives 2 notice of the harassment. 3 ‘‘(C) AFFIRMATIVE DEFENSE.— 4 ‘‘(i) IN GENERAL.—A recipient is not 5 liable in a private action for damages 6 under subparagraph (A) or (B) for harass- 7 ment on the basis of race, color, or na- 8 tional origin, if the recipient demonstrates 9 that it exercised reasonable care to prevent 10 harassment on the basis of race, color, or 11 national origin, and promptly remedied the 12 effects of the harassment at issue, includ- 13 ing through a demonstration by the recipi- 14 ent that it— 15 ‘‘(I) established, adequately pub- 16 licized, and enforced an effective and 17 comprehensive harassment prevention 18 policy, training, and complaint proce- 19 dure that is likely to provide redress 20 and avoid harm without exposing the 21 person subjected to the harassment to 22 undue risk, effort, or expense; 23 ‘‘(II) if requested by such person, 24 or otherwise necessary to protect that 25 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 34 •S 5158 IS person or other persons within the 1 program or activity from a significant 2 ongoing threat, undertook a prompt, 3 thorough, and impartial investigation 4 of the harassment at issue; 5 ‘‘(III) provided supportive meas- 6 ures that had the purpose and effect 7 of preserving and restoring the ag- 8 grieved person’s equal access to the 9 benefits or opportunities of the pro- 10 gram or activity receiving Federal fi- 11 nancial assistance, regardless of 12 whether the aggrieved person re- 13 quested an investigation; and 14 ‘‘(IV) took other necessary, 15 prompt, and appropriate corrective ac- 16 tion designed to stop the harassment 17 and remedy its effects. 18 ‘‘(ii) NOT ESTABLISHING REASON- 19 ABLE CARE.—A showing that the harass- 20 ment did not recur after the recipient re- 21 ceived notice of the harassment does not 22 establish reasonable care absent the dem- 23 onstration required by subclauses (I), (II), 24 (III), and (IV) of clause (i). 25 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 35 •S 5158 IS ‘‘(D) NOTICE.—A recipient receives notice 1 of harassment on the basis of race, color, or na- 2 tional origin when any of the following individ- 3 uals knew or, in the exercise of reasonable care, 4 should have known about the harassment: 5 ‘‘(i) An agent, employee, or other au- 6 thorized person of the recipient who has 7 the authority to take action to redress the 8 harassment. 9 ‘‘(ii) An agent, employee, or other au- 10 thorized person of the recipient who has 11 the responsibility to report to an adminis- 12 trator harassment or similar misconduct by 13 others. 14 ‘‘(iii) An agent, employee, or other au- 15 thorized person of the recipient to whom 16 an individual has made a report of harass- 17 ment based on the reasonable belief that 18 the agent, employee, or other authorized 19 person is an individual described in clause 20 (i) or (ii). 21 ‘‘(2) DEFINITIONS.—In this section: 22 ‘‘(A) HARASSMENT ON THE BASIS OF 23 RACE, COLOR, OR NATIONAL ORIGIN.—The term 24 ‘harassment on the basis of race, color, or na- 25 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 36 •S 5158 IS tional origin’ means a form of discrimination on 1 the basis of race, color, or national origin that 2 alters a person’s ability to participate in or re- 3 ceive any benefit, service, or opportunity from a 4 program or activity receiving Federal financial 5 assistance, including by creating an intimi- 6 dating, hostile, or offensive environment. 7 ‘‘(B) RECIPIENT.—The term ‘recipient’ 8 means an entity described in any of paragraphs 9 (1) through (4) of section 606, and any entity 10 that exercises controlling authority over such 11 entities. 12 ‘‘(c) REMEDIES AND RIGHT OF ACTION.— 13 ‘‘(1) IN GENERAL.—Any person aggrieved by 14 the failure of a recipient to comply with this title, 15 including any regulation promulgated pursuant to 16 this title, may bring a civil action in any court of 17 competent jurisdiction. 18 ‘‘(2) RIGHT OF RECOVERY.—In an action 19 brought against a recipient by or on behalf of an ag- 20 grieved person, the aggrieved person may recover eq- 21 uitable and legal relief (such as compensatory dam- 22 ages, including for emotional distress, and punitive 23 damages), and attorney’s fees (including expert 24 fees).’’. 25 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 37 •S 5158 IS SEC. 104. AMENDMENTS TO THE AGE DISCRIMINATION ACT 1 OF 1975. 2 (a) IN GENERAL.—Section 303 of the Age Discrimi- 3 nation Act of 1975 (42 U.S.C. 6102) is amended— 4 (1) by inserting ‘‘(a) IN GENERAL.— ’’ before 5 ‘‘Pursuant’’; and 6 (2) by adding at the end the following: 7 ‘‘(b) LIABILITY.— 8 ‘‘(1) HARASSMENT BY AGENTS, EMPLOYEES, 9 AND OTHER PERSONS AUTHORIZED BY THE RECIPI- 10 ENT TO PROVIDE AID, BENEFITS, OR SERVICES 11 UNDER THE RECIPIENT’S PROGRAMS AND ACTIVI- 12 TIES.—Subject to subsection (c), a recipient that re- 13 ceives Federal financial assistance for a program or 14 activity is liable if its agent, employee, or other per- 15 son authorized by the recipient to provide aid, ben- 16 efit, or service under the recipient’s program or ac- 17 tivity, engages in age-based harassment against a 18 person who participates in or receives any benefit, 19 service, or opportunity from such program or activ- 20 ity, or who attempts to receive such benefit, service, 21 or opportunity, regardless of where the harassment 22 occurs, if— 23 ‘‘(A) the harassment is enabled or assisted 24 by the authority exercised as an employee, 25 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 38 •S 5158 IS agent, or other authorized person of the recipi- 1 ent; or 2 ‘‘(B) the recipient receives notice of the 3 harassment. 4 ‘‘(2) HARASSMENT BY NON-AGENTS, NON-EM- 5 PLOYEES, AND OTHER NON-AUTHORIZED PER- 6 SONS.—Subject to subsection (c), a recipient that re- 7 ceives Federal financial assistance for a program or 8 activity is liable for age-based harassment if a per- 9 son who is not its agent, employee, or other author- 10 ized person, engages in age-based harassment 11 against a person who is participating in or receiving 12 any benefit, service, or opportunity from such pro- 13 gram or activity, or who is attempting to do so, re- 14 gardless of where the harassment occurs, if the re- 15 cipient receives notice of the harassment. 16 ‘‘(c) AFFIRMATIVE DEFENSE.— 17 ‘‘(1) IN GENERAL.—A recipient is not liable in 18 a private action for damages under subsection (b) 19 for age-based harassment if it demonstrates that it 20 exercised reasonable care to prevent age-based har- 21 assment and to promptly remedy the effects of the 22 age-based harassment at issue, including through a 23 demonstration by the recipient that it— 24 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 39 •S 5158 IS ‘‘(A) established, adequately publicized, 1 and enforced an effective and comprehensive 2 age-based harassment prevention policy, train- 3 ing, and complaint procedure that is likely to 4 provide redress and to avoid harm without ex- 5 posing the person subjected to such harassment 6 to undue risk, effort, or expense; 7 ‘‘(B) if requested by the aggrieved person, 8 or otherwise necessary to protect such person or 9 other persons in such program or activity from 10 a significant ongoing threat of harm, undertook 11 a prompt, thorough, and impartial investigation 12 of such harassment; 13 ‘‘(C) provided supportive measures that 14 have the purpose and effect of preserving and 15 restoring an aggrieved person’s equal access to 16 the benefits, services, or opportunities of the 17 program or activity involved, regardless of 18 whether such person requests an investigation; 19 and 20 ‘‘(D) took other necessary, immediate, and 21 appropriate corrective action designed to stop 22 such harassment and remedy its effects. 23 ‘‘(2) NOT ESTABLISHING REASONABLE CARE.— 24 A showing that the harassment did not recur after 25 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 40 •S 5158 IS the recipient receives notice of the harassment does 1 not establish reasonable care absent the demonstra- 2 tion required by subparagraphs (A) through (D) of 3 paragraph (1). 4 ‘‘(d) NOTICE.—A recipient receives notice of age- 5 based harassment if an agent, employee, or other author- 6 ized person of the recipient knew, or in the exercise of 7 reasonable care should have known, about the harassment 8 and— 9 ‘‘(1) has the authority to take action to redress 10 the harassment; 11 ‘‘(2) has the responsibility to report to an ad- 12 ministrator harassment or similar misconduct by 13 others; or 14 ‘‘(3) receives a report of such harassment from 15 an individual who could reasonably believe that the 16 agent, employee, or other authorized person is as de- 17 scribed in paragraph (1) or (2).’’. 18 (b) CONFORMING AMENDMENT.—Section 304(b) of 19 the Age Discrimination Act of 1975 (42 U.S.C. 6103(b)) 20 is amended— 21 (1) in paragraph (1), by striking ‘‘It shall’’ and 22 inserting ‘‘Subject to section 305(h)(3), it shall’’; 23 and 24 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 41 •S 5158 IS (2) in paragraph (2), by striking ‘‘The provi- 1 sions’’ and inserting ‘‘Subject to section 305(h)(3), 2 the provisions’’. 3 (c) REMEDIES AND RIGHT OF ACTION.—Section 305 4 of the Age Discrimination Act of 1975 (42 U.S.C. 6104) 5 is amended by adding at the end the following: 6 ‘‘(g) Any person aggrieved by the failure of a recipi- 7 ent to comply with this title, or a rule issued under this 8 title— 9 ‘‘(1) may bring a civil action in any court of 10 competent jurisdiction; and 11 ‘‘(2) notwithstanding subsection (e), may re- 12 cover equitable and legal relief (such as compen- 13 satory damages, including for emotional distress, 14 and punitive damages), and attorney’s fees (includ- 15 ing expert fees). 16 ‘‘(h) Notwithstanding any other provision of this sec- 17 tion, in the case of alleged age-based harassment in a pro- 18 gram or activity of an entity described in subparagraph 19 (B) of section 309(4)— 20 ‘‘(1) an aggrieved person shall not be required 21 to exhaust administrative remedies; 22 ‘‘(2) the relief described in subsection (g)(2) 23 shall be available; and 24 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 42 •S 5158 IS ‘‘(3) the provisions of paragraph (1) and (2) of 1 section 304(b) shall not apply.’’. 2 (d) DEFINITIONS.—Section 309 of the Age Discrimi- 3 nation Act of 1975 (42 U.S.C. 6107) is amended— 4 (1) in paragraph (3), by striking ‘‘and’’ after 5 the semicolon; 6 (2) in paragraph (4), by striking the period and 7 inserting a semicolon; and 8 (3) by adding at end the following: 9 ‘‘(5) the term ‘age-based harassment’ means a 10 form of prohibited discrimination on the basis of an 11 individual’s age that alters a person’s ability to par- 12 ticipate in or receive any benefit, service, or oppor- 13 tunity from a program or activity receiving Federal 14 financial assistance; and 15 ‘‘(6) the term ‘recipient’ means an entity de- 16 scribed in any of subparagraph (A), (B), (C), or (D) 17 of paragraph (4), and includes any entity that exer- 18 cises controlling authority over such entity.’’. 19 TITLE II—TRANSPARENCY, 20 TRAINING, AND SUPPORT 21 FOR STUDENTS 22 SEC. 201. DEPARTMENT OF EDUCATION ENFORCEMENT. 23 (a) DISCLOSURE OF ENFORCEMENT ACTIONS.— 24 VerDate Sep 11 2014 03:47 Dec 09, 2022 Jkt 039200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 43 •S 5158 IS (1) AMENDMENT.—The Department of Edu- 1 cation Organization Act (20 U.S.C. 3401 et seq.) is 2 amended— 3 (A) in section 203(b), by adding at the end 4 the following new paragraphs: 5 ‘‘(3) The Assistant Secretary for Civil Rights 6 shall make publicly available on the Department’s 7 website a list of each recipient of Federal financial 8 assistance from the Department that is under inves- 9 tigation for a possible violation of any civil rights 10 law that the Department enforces, the sanctions (if 11 any) or findings issued pursuant to such investiga- 12 tion, and a copy of the final resolution letter, includ- 13 ing resolution agreements, entered into by such re- 14 cipient with the Secretary under any of the civil 15 rights laws enforced by the Department. Any docu- 16 ment made publicly available shall have personally 17 identifiable information redacted from it. 18 ‘‘(4) Not later than 30 days after the termi- 19 nation of any resolution agreement described in 20 paragraph (3), the Assistant Secretary for Civil 21 Rights shall transmit to the President and the Con- 22 gress, and make publicly available on the Depart- 23 ment’s website, the letter terminating the Depart- 24 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 44 •S 5158 IS ment of Education’s monitoring of such agree- 1 ment.’’; and 2 (B) in section 205, by adding at the end 3 the following new subsection: 4 ‘‘(c) Notwithstanding section 498A(b)(8) of the 5 Higher Education Act of 1965, the Assistant Secretary 6 for Postsecondary Education shall make publicly available 7 on the Department’s website a list of each institution 8 under investigation for a possible violation of section 9 485(f) of the Higher Education Act of 1965, the sanctions 10 (if any) or findings issued pursuant to such investigation, 11 and a copy of program reviews and resolution agreements 12 entered into by such institution with the Secretary. Any 13 document made publicly available shall have personally 14 identifiable information redacted from it.’’. 15 (2) INSPECTOR GENERAL.—Not later than one 16 year after the date of enactment of this Act, the In- 17 spector General of the Department of Education 18 shall submit to Congress and make publicly available 19 a report reviewing compliance with paragraphs (3) 20 and (4) of section 203(b) of the Department of Edu- 21 cation Organization Act (20 U.S.C. 3413(b)) and 22 subsection (c) of section 205 of such Act (20 U.S.C. 23 3415), as added by paragraph (1). 24 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 45 •S 5158 IS (b) AUTHORITY TO LEVY FINES.—Section 203(c) of 1 the Department of Education Organization Act (20 2 U.S.C. 3413(c)) is amended— 3 (1) in paragraph (3), by striking ‘‘and’’ after 4 the semicolon; 5 (2) in paragraph (4), by striking the period at 6 the end and inserting ‘‘; and’’; and 7 (3) by adding at the end the following new 8 paragraph: 9 ‘‘(5) to impose a civil penalty to be paid by a 10 recipient of Federal funds that has violated a law 11 under the jurisdiction of the Office for Civil Rights, 12 the amount of which shall be determined by the 13 gravity and magnitude of the violation, and the im- 14 position of which shall not preclude other remedies 15 available under Federal law.’’. 16 SEC. 202. DISCLOSURE OF RELIGIOUS EXEMPTIONS FROM 17 TITLE IX OF THE EDUCATION AMENDMENTS 18 OF 1972. 19 (a) AMENDMENT TO HIGHER EDUCATION ACT OF 20 1965.—Section 485 of the Higher Education Act of 1965 21 (20 U.S.C. 1092) is amended by adding at the end the 22 following: 23 ‘‘(n) DISCLOSURE OF RELIGIOUS EXEMPTIONS FROM 24 TITLE IX OF THE EDUCATION AMENDMENTS OF 1972.— 25 VerDate Sep 11 2014 03:47 Dec 09, 2022 Jkt 039200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 46 •S 5158 IS Each institution of higher education receiving Federal 1 funds participating in any program under this title that 2 claims or intends to exercise a religious exemption to the 3 requirements of title IX of the Education Amendments of 4 1972 shall submit in writing to the Assistant Secretary 5 for Civil Rights a statement by the highest ranking official 6 of the institution of higher education, identifying the pro- 7 visions of part 106 of title 34, Code of Federal Regula- 8 tions, the application of which may conflict with a specific 9 tenet of the religious organization that controls the insti- 10 tutions of higher education and shall publish on its 11 website, in a prominent location, the following: 12 ‘‘(1) REQUEST LETTER.—Each letter submitted 13 by the institution to the Department to request such 14 an exemption. 15 ‘‘(2) EXEMPTION LETTER.—Each letter from 16 the Department to the institution that responds to 17 a request for assurance of such an exemption. 18 ‘‘(3) NOTICE OF REQUEST.—Notice that the in- 19 stitution has requested acknowledgment of such an 20 exemption under section 901(a)(3) of the Education 21 Amendments of 1972. 22 ‘‘(4) NOTICE OF EXEMPTION.—If applicable, 23 notice that the institution has received acknowledg- 24 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 47 •S 5158 IS ment of such an exemption under section 901(a)(3) 1 of the Education Amendments of 1972. 2 ‘‘(5) COVERED APPLICATIONS.—A list of the 3 specific applications of statutory or regulatory provi- 4 sions for which there is an applicable requested or 5 granted exemption, including any personal charac- 6 teristics or behaviors to which each requested or 7 granted exemption applies. 8 ‘‘(6) SCOPE OF EXEMPTION.—A list of each 9 statutory and regulatory provision with respect to 10 which there is an application from which the institu- 11 tion has claimed an exemption and the scope of such 12 exemption.’’. 13 (b) DISCLOSURES OF REQUESTS FOR EXEMP- 14 TIONS.—Section 203 of the Department of Education Or- 15 ganization Act (20 U.S.C. 3413) is amended by adding 16 at the end the following: 17 ‘‘(d) The Assistant Secretary for Civil Rights shall 18 publish, on the Department’s website, in a prominent loca- 19 tion, information regarding religious exemptions to the re- 20 quirements of title IX of the Education Amendments of 21 1972, including the name of each recipient of Federal fi- 22 nancial assistance from the Department that claims an ex- 23 emption, whether that recipient received an acknowledg- 24 ment of such exemption from the Assistant Secretary, and 25 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 48 •S 5158 IS a description of the nature and scope of that exemption 1 (including each provision of the statute or regulations with 2 respect to which there is an application from which the 3 recipient has claimed an exemption, the scope of applica- 4 tions for which the exemption was claimed, and justifica- 5 tion for the exemption).’’. 6 SEC. 203. CLIMATE SURVEYS FOR K–12 SCHOOLS. 7 (a) IN GENERAL.—The Secretary, in consultation 8 with the Attorney General, the Director of the Centers for 9 Disease Control and Prevention, the Secretary of Health 10 and Human Services, and experts in domestic violence, 11 dating violence, sexual assault, disability, sexual harass- 12 ment, and stalking, shall, in accordance with applicable 13 privacy laws, develop, design, and make available through 14 a secure and accessible online portal, a standardized online 15 survey tool regarding the experience of elementary school 16 and secondary school students with domestic violence, dat- 17 ing violence, sexual assault, sexual harassment, and stalk- 18 ing. 19 (b) DEVELOPMENT OF SURVEY TOOL.—In devel- 20 oping the survey tool required under subsection (a), the 21 Secretary shall— 22 (1) use best practices from peer-reviewed re- 23 search measuring domestic violence, dating violence, 24 sexual assault, sexual harassment, and stalking; 25 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 49 •S 5158 IS (2) consult with the education community, ex- 1 perts in survey research related to domestic violence, 2 dating violence, sexual assault, sexual harassment, 3 and stalking, and organizations engaged in the pre- 4 vention of and response to, and advocacy on behalf 5 of victims of, domestic violence, dating violence, sex- 6 ual assault, sexual harassment, and stalking regard- 7 ing the development and design of such survey tool 8 and the methodology for administration of such sur- 9 vey tool; 10 (3) provide opportunity for stakeholder feed- 11 back through public listening sessions or a 30-day 12 open comment period; 13 (4) ensure that the survey tool is readily acces- 14 sible to and usable by individuals with disabilities 15 and publicly accessible in multiple languages, acces- 16 sibility formats, and provided in a language that 17 parents, family, and community members can under- 18 stand; and 19 (5) ensure that the survey questions are dif- 20 ferent for staff and students and for different age 21 groups in order to ensure that the questions are de- 22 velopmentally appropriate. 23 (c) ELEMENTS.— 24 VerDate Sep 11 2014 03:47 Dec 09, 2022 Jkt 039200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 50 •S 5158 IS (1) IN GENERAL.—The survey tool developed 1 pursuant to this section shall be fair and unbiased, 2 be scientifically valid and reliable, and meet the 3 highest standards of survey research. 4 (2) SURVEY QUESTIONS.—Survey questions in- 5 cluded in the survey tool developed pursuant to this 6 section shall— 7 (A) be designed to gather information on 8 student experiences with domestic violence, dat- 9 ing violence, sexual assault, sexual harassment, 10 and stalking, including the experiences of vic- 11 tims of such incidents; 12 (B) use trauma-informed language to pre- 13 vent retraumatization; and 14 (C) include age-appropriate questions— 15 (i) that give students the option to re- 16 port their demographic information; 17 (ii) designed to determine the inci- 18 dence and prevalence of domestic violence, 19 dating violence, sexual assault, sexual har- 20 assment, and stalking whether the incident 21 occurred on or off campus, and whether 22 carried out in whole or in part through the 23 use of electronic messaging services, com- 24 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 51 •S 5158 IS mercial mobile services, electronic commu- 1 nications, or other technology; 2 (iii) regarding whether students know 3 about institutional policies and procedures 4 related to domestic violence, dating vio- 5 lence, sexual assault, sexual harassment, 6 and stalking; 7 (iv) designed to determine, if com- 8 plainants reported domestic violence, dat- 9 ing violence, sexual assault, sexual harass- 10 ment, or stalking— 11 (I) to whom the incident was re- 12 ported and what response, including 13 any supportive measures, the com- 14 plainant may have received; 15 (II) whether the complainant was 16 informed of, or referred to, national, 17 State, local, or on-site resources; and 18 (III) whether the entity to whom 19 the complainant reported the incident 20 conducted an investigation and the 21 duration and final resolution of such 22 an investigation; 23 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 52 •S 5158 IS (v) regarding contextual factors, such 1 as whether force, incapacitation, or coer- 2 cion was involved; 3 (vi) to determine whether an accused 4 individual was a student, faculty, staff, ad- 5 ministrator, or third-party vendor at the 6 elementary school or secondary school in 7 which the complainant is enrolled or an- 8 other school served by the local educational 9 agency that serves the elementary school 10 or secondary school; 11 (vii) to determine whether a complain- 12 ant reported an incident to State, local, or 13 school-based law enforcement; 14 (viii) to determine why the complain- 15 ant chose to report or not report an inci- 16 dent to the school or local educational 17 agency or State or local law enforcement; 18 (ix) to determine the impact of domes- 19 tic violence, dating violence, sexual assault, 20 sexual harassment, and stalking on the 21 complainant’s education, including dimin- 22 ished grades, dropped classes, leaves of ab- 23 sence, and negative financial consequences 24 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 53 •S 5158 IS (including costs associated with counseling, 1 medical services, or housing changes); 2 (x) to determine if a complainant was 3 punished in connection with reporting the 4 incident or for ancillary behavior related to 5 the incident (such as punishment for miss- 6 ing class because of mental health impacts 7 for fear of perpetrator, being placed on 8 academic probation for declining grades re- 9 lated to trauma following incident, and 10 more); 11 (xi) to determine the impact and ef- 12 fectiveness of prevention and awareness 13 programs and complaints processes for the 14 overall student body and different student 15 populations, including— 16 (I) students of color; 17 (II) LGBTQI+ students; 18 (III) immigrant students; 19 (IV) pregnant, expectant, or par- 20 enting students; or 21 (V) students with disabilities; 22 and 23 (xii) to determine attitudes toward 24 sexual violence and harassment, including 25 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 54 •S 5158 IS the willingness of individuals to intervene 1 as a bystander of sex-based (including on 2 the basis of sex stereotypes, pregnancy, 3 childbirth or a related medical condition, 4 sexual orientation and gender identity, or 5 sex characteristics), race-based, national 6 origin-based, and disability-based discrimi- 7 nation, harassment, assault, domestic vio- 8 lence, dating violence, sexual assault, sex- 9 ual harassment, and stalking. 10 (3) ADDITIONAL TOPICS.—States and local edu- 11 cational agencies may add additional questions to 12 the survey tool developed pursuant to this section as 13 they determine appropriate. 14 (d) ADDITIONAL ELEMENTS.—In addition to the 15 standardized questions developed by the Secretary under 16 subsection (c), an elementary school or secondary school 17 may request additional information from students that 18 would increase the documentation, through qualitative and 19 quantitative evidence of the elementary school or sec- 20 ondary school of school climate factors unique to the 21 school. 22 (e) RESPONSES.—The responses to the survey ques- 23 tions described in subsection (c) shall— 24 (1) be submitted confidentially; and 25 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 55 •S 5158 IS (2) in the case of such responses being included 1 in a report described in subsection (g), not include 2 personally identifiable information. 3 (f) ADMINISTRATION OF SURVEY.— 4 (1) FEDERAL ADMINISTRATION.—The Sec- 5 retary, in consultation with the Attorney General, 6 the Director of the Centers for Disease Control and 7 Prevention, and Secretary of Health and Human 8 Services, shall develop a mechanism by which local 9 educational agencies may, with respect to the survey 10 tool developed pursuant to this section— 11 (A) administer such survey tool in compli- 12 ance with applicable privacy laws; and 13 (B) modify such survey tool to include ad- 14 ditional elements or requirements, as deter- 15 mined by the elementary school or secondary 16 school. 17 (2) COSTS.—The Secretary may not require a 18 local educational agency to pay to modify the survey 19 tool in accordance with paragraph (1)(B). 20 (3) ACCESSIBILITY.—The Secretary shall en- 21 sure that the survey tool is administered in such a 22 way as to be readily accessible to and usable by indi- 23 viduals with disabilities. 24 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 56 •S 5158 IS (4) ADMINISTRATION.—Beginning not later 1 than 1 year after the date on which the Secretary 2 makes available to local educational agencies the 3 mechanism described in paragraph (1), and every 2 4 years thereafter, each local educational agency that 5 receives Federal financial assistance (as such term is 6 defined in section 7501(a)(5) of title 31, United 7 States Code) shall administer the survey tool devel- 8 oped pursuant to this section. 9 (5) COMPLETED SURVEYS.—The Secretary 10 shall require each local educational agency that re- 11 ceives Federal financial assistance (as such term is 12 defined in section 7501(a)(5) of title 31, United 13 States Code) to ensure, to the maximum extent 14 practicable, that an adequate, random, and rep- 15 resentative sample size of students (as determined 16 by the Secretary) enrolled in the local educational 17 agency complete the survey tool developed pursuant 18 to this section. 19 (6) PERSONALLY IDENTIFIABLE INFORMA- 20 TION.—Information from the survey tool shall not be 21 disaggregated or reported if the number of students 22 in a category is insufficient to yield statistically reli- 23 able information or the results would reveal person- 24 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 57 •S 5158 IS ally identifiable information about an individual stu- 1 dent. 2 (g) REPORT.—Beginning not later than 2 years after 3 the date of enactment of this Act, and every 2 years there- 4 after, the Secretary shall, in accordance with applicable 5 privacy laws and in accordance with subsection (f)(6)— 6 (1) prepare a 2-year report on the information 7 gained from the standardized elements of the survey 8 under this section, which shall include school-level 9 data that permits comparisons across elementary 10 schools and secondary schools; 11 (2) publish such report in an accessible format 12 on the website of the Department of Education; and 13 (3) submit such report to Congress. 14 (h) PUBLICATION.—Each elementary school or sec- 15 ondary school shall publish, in accordance with applicable 16 privacy laws and with subsection (f)(6) and in a manner 17 that is readily accessible and usable by individuals, includ- 18 ing individuals with disabilities— 19 (1) the results of the standardized elements of 20 the survey under this section on the website of the 21 elementary school or secondary school; and 22 (2) the results of the additional elements modi- 23 fying the survey by the elementary school or sec- 24 ondary school, if any, on the school’s website. 25 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 58 •S 5158 IS (i) DEFINITIONS.—In this section: 1 (1) ESEA TERMS.—The terms ‘‘elementary 2 school’’, ‘‘local educational agency’’, and ‘‘secondary 3 school’’ have the meanings given the terms in section 4 8101 of the Elementary and Secondary Education 5 Act of 1965 (20 U.S.C. 7801). 6 (2) PERSONALLY IDENTIFIABLE INFORMA- 7 TION.—The term ‘‘personally identifiable informa- 8 tion’’ means, with respect to a student— 9 (A) the student’s name, whether given at 10 birth or time of adoption, or resulting from a 11 lawful change of name; 12 (B) the name of the student’s parent or 13 another family member; 14 (C) the address of the student or another 15 family member; 16 (D) a personal identifier, such as the stu- 17 dent’s social security number, student number, 18 or biometric record; 19 (E) another indirect identifier, such as the 20 student’s date of birth, place of birth, or moth- 21 er’s maiden name; and 22 (F) other information that, alone or in 23 combination, is linked or linkable to the student 24 that would allow a reasonable person in the 25 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 59 •S 5158 IS school community, who does not have personal 1 knowledge of the relevant circumstances, to 2 identify the student with reasonable certainty. 3 (3) SECRETARY.—The term ‘‘Secretary’’ means 4 the Secretary of Education. 5 (4) SEXUAL HARASSMENT.—The term ‘‘sexual 6 harassment’’ means any unwelcome conduct of a 7 sexual nature, regardless of whether it is direct or 8 indirect, or verbal or nonverbal (including conduct 9 that is undertaken in whole or in part, through the 10 use of electronic messaging services, commercial mo- 11 bile services, electronic communications, or other 12 technology), that unreasonably alters an individual’s 13 terms, benefits, or privileges of an education pro- 14 gram or activity, including by creating an intimi- 15 dating, hostile, or offensive environment, which takes 16 the form of— 17 (A) a sexual advance; 18 (B) a request for sexual favors; 19 (C) a sexual act, where such submission is 20 made either explicitly or implicitly a term or 21 condition of a program or activity at a school 22 or school activity, regardless of a student’s sub- 23 mission to or rejection of such sexual act; 24 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 60 •S 5158 IS (D) a sexual act, where such submission or 1 rejection is used as the basis for a decision af- 2 fecting a term or condition of a program or ac- 3 tivity at a school or school activity, regardless 4 of a student’s submission to or rejection of such 5 sexual act; 6 (E) other conduct of a sexual nature; or 7 (F) domestic violence, intimate partner vio- 8 lence (dating violence), and sex-based stalking. 9 SEC. 204. CIVIL RIGHTS DATA COLLECTION. 10 The Assistant Secretary of Education for Civil Rights 11 shall collect and publish within the Civil Rights Data Col- 12 lection, in addition to data already collected and in accord- 13 ance with section 444 of the General Education Provisions 14 Act (20 U.S.C. 1232g) (commonly known as the ‘‘Family 15 Educational Rights and Privacy Act of 1974’’) and section 16 203(c)(1) of the Department of Education Organization 17 Act (20 U.S.C. 3413(c)(1)), data addressing— 18 (1) the prevalence of harassment based on race, 19 color, national origin, sex, and disability, as deter- 20 mined through reports made in schools; and 21 (2) the results of complaint procedures related 22 to such harassment in schools. 23 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 61 •S 5158 IS SEC. 205. SUPPORT FOR STUDENTS. 1 (a) STUDENT VICTIM SUPPORT AND RESOURCES.— 2 The Secretary of Education shall require Title IX Coordi- 3 nators and school administrators, upon receiving notice of 4 possible sex-based harassment, to notify the complainant 5 in writing and orally, about available assistance to support 6 the complainant of sexual harassment and ensure the com- 7 plainant’s continued and equal access to education, re- 8 gardless of the location of the harassment, including— 9 (1) academic adjustment or other accommoda- 10 tions, such as adapting course schedules, assign- 11 ments, or tests, issuing no-contact orders, altering 12 housing, or taking other measures to ensure the 13 complainant’s access to educational opportunities is 14 not interrupted after a report has been made or dur- 15 ing a grievance process; 16 (2) information about and access to support 17 services for the complainant, such as counseling, 18 mental health and other health services, and dis- 19 ability accommodations; 20 (3) providing increased monitoring or super- 21 vision at locations or activities where the misconduct 22 occurred or may have occurred; and 23 (4) reasonable accommodations for complain- 24 ants and respondents with disabilities, including pre- 25 existing disabilities and disabilities arising out of 26 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 62 •S 5158 IS sex-based harassment, consistent with laws that pro- 1 tect students with disabilities, including section 504 2 of the Rehabilitation Act of 1973 (29 U.S.C. 794), 3 the Americans with Disabilities Act of 1990 (42 4 U.S.C. 12101 et seq.), and the Individuals with Dis- 5 abilities Education Act (20 U.S.C. 1400 et seq.). 6 (b) PROTECTION FOR STUDENT VICTIMS AND RE- 7 PORTING PARTIES.—Working in collaboration with the 8 Title IX Coordinator, institutions of higher education and 9 local educational agencies shall issue guidance and dis- 10 seminate guidance that explicitly address protections for 11 students from punishment or retaliation when making re- 12 ports of sexual harassment. Guidance shall be issued to 13 all persons who participate in or receive any benefit, serv- 14 ice, or opportunity from the issuing institution of higher 15 education or local educational agency. Such guidance shall 16 apply to all reports of harassment, including in the context 17 of a same-gender relationship or encounter, and ensure 18 that for all reports of sexual harassment— 19 (1) the school will not take disciplinary action 20 against individuals, including witnesses, disclosing 21 code-of-conduct offenses that are related to the re- 22 ported incident, including the use of intoxicating 23 substances occurring at or around the time of a re- 24 ported incident, reasonable actions taken to defend 25 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 63 •S 5158 IS against harassment, or actions taken to avoid con- 1 tact with the respondent; 2 (2) if a school’s code-of-conduct prohibits sexual 3 activity (or certain forms of sexual activity), the 4 school will not take disciplinary action against indi- 5 viduals disclosing in good faith (including witnesses) 6 non-harassing sexual activity related to the reported 7 incident, or for other non-harassing sexual activity 8 discovered during an investigation into the reported 9 incident; 10 (3) the Title IX Coordinator shall review any 11 disciplinary actions related to a complaint of harass- 12 ment to ensure that such actions do not further dis- 13 criminate or harass a complainant (such as requir- 14 ing therapy or participation in programming focused 15 on altering a student’s sexual orientation or gender 16 identity); 17 (4) a party who reports harassment shall not be 18 disciplined for a ‘‘false report’’ or for prohibited sex- 19 ual conduct solely because the school has decided 20 there is insufficient evidence for a finding of respon- 21 sibility or because the respondent is found not re- 22 sponsible; and 23 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 64 •S 5158 IS (5) the school will address reports of retaliation 1 against complainants, which may include investiga- 2 tion or discipline for retaliation. 3 (c) DEFINITIONS.—In this section: 4 (1) ESEA TERMS.—The terms ‘‘elementary 5 school’’, ‘‘local educational agency’’, and ‘‘secondary 6 school’’ have the meanings given the terms in section 7 8101 of the Elementary and Secondary Education 8 Act of 1965 (20 U.S.C. 7801). 9 (2) INSTITUTION OF HIGHER EDUCATION.—The 10 term ‘‘institution of higher education’’ has the 11 meaning given the term in section 102 of the Higher 12 Education Act of 1965 (20 U.S.C. 1002). 13 (3) SEXUAL HARASSMENT.—The term ‘‘sexual 14 harassment’’ has the meaning given the term in sec- 15 tion 203(i). 16 (4) TITLE IX COORDINATOR.—The term ‘‘Title 17 IX Coordinator’’ means the employee of a recipient 18 of Federal financial assistance (as such term is de- 19 fined in section 7501(a)(5) of title 31, United States 20 Code) from the Department of Education, des- 21 ignated or authorized to coordinate the recipient’s 22 efforts to comply with its obligations under title IX 23 of the Education Amendments of 1972 (20 U.S.C. 24 1681 et seq.). 25 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 65 •S 5158 IS SEC. 206. TITLE IX COORDINATORS AND TRAINING RE- 1 QUIREMENTS. 2 (a) DUTIES AND SCOPE OF TITLE IX COORDINA- 3 TORS.— 4 (1) IN GENERAL.—For each local educational 5 agency or institution of higher education that re- 6 ceives Federal financial assistance from the Depart- 7 ment of Education, the following requirements shall 8 apply as a condition on continued receipt of such as- 9 sistance: 10 (A) The recipient shall designate at least 11 one full-time equivalent employee to serve as a 12 Title IX Coordinator per institution of higher 13 education, per 75,000 students in 7th grade or 14 above served by the local educational agency, 15 and per 150,000 students in 6th grade or below 16 served by the local educational agency. 17 (B) The local educational agency or insti- 18 tution of higher education shall ensure students 19 and staff are made aware of the Title IX Coor- 20 dinator, the role of the Title IX Coordinator, 21 and the time at which the Title IX Coordinator 22 is available to meet. 23 (C) The Title IX Coordinator shall not 24 have any other school-related responsibilities 25 that may create a conflict of interest. 26 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 66 •S 5158 IS (2) DUTIES.—Each Title IX Coordinator for a 1 local educational agency or institution of higher edu- 2 cation shall ensure compliance under Federal, State, 3 and local laws and policies against sex discrimina- 4 tion, including title IX of the Education Amend- 5 ments of 1972 (20 U.S.C. 1681 et seq.), by doing 6 the following: 7 (A) Ensuring that every individual affected 8 by the operations of the local educational agen- 9 cy or institution of higher education, including 10 students, employees, and applicants for admis- 11 sion or employment, and where appropriate, 12 parents and guardians, are aware of their 13 rights under Federal, State, and local laws and 14 policies against sex discrimination, including 15 under title IX of the Education Amendments of 16 1972, and that the local educational agency or 17 institution of higher education and its employ- 18 ees comply with those laws and policies, includ- 19 ing receiving training on the laws and policies. 20 (B) Ensuring that notices of non- 21 discrimination, relevant policies and grievance 22 procedures, and current contact information of 23 all Title IX Coordinators are disseminated 24 broadly and in an age-appropriate and acces- 25 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 67 •S 5158 IS sible manner to all students, employees, and ap- 1 plicants for admission or employment, and 2 where appropriate, parents and guardians, in- 3 cluding on school websites and in school hand- 4 books. 5 (C) Monitoring complaints alleging harass- 6 ment, including sexual harassment, and other 7 forms of discrimination based on sex (including 8 sexual orientation, gender identity, sex charac- 9 teristics, pregnancy, childbirth, a medical condi- 10 tion related to pregnancy or childbirth, and sex 11 stereotypes), including supportive measures of- 12 fered to complainants, reasonable accommoda- 13 tions for complainants and respondents with 14 disabilities, and the outcomes of complaints. 15 (D) Identifying patterns of sex discrimina- 16 tion from complaints and addressing their im- 17 pact on the educational community. 18 (E) Monitoring the education program or 19 activity for barriers to reporting information 20 about conduct that may constitute sex discrimi- 21 nation under title IX of the Education Amend- 22 ments of 1972 and taking steps reasonably cal- 23 culated to address such barriers. 24 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 68 •S 5158 IS (F) Coordinating dissemination, collection, 1 and analysis of climate surveys described in sec- 2 tion 203, and identifying and proactively ad- 3 dressing sex discrimination in the local edu- 4 cational agency or institution of higher edu- 5 cation based on the results of climate surveys. 6 (G) Overseeing age-appropriate, accessible, 7 and trauma-informed sexual harassment pre- 8 vention education and training provided to 9 school employees and students at least once per 10 school year and ensuring that such prevention 11 education and training include diverse commu- 12 nities and identities, informed by research, and 13 conducted in partnership with local rape crisis 14 centers, State sexual assault coalitions, or com- 15 munity organizations that work on addressing 16 sex discrimination, including sexual harassment 17 in schools. 18 (3) WAIVER AUTHORIZED FOR LOCAL EDU- 19 CATIONAL AGENCIES.— 20 (A) IN GENERAL.— 21 (i) REQUESTING A WAIVER.—A local 22 educational agency described in paragraph 23 (1) may request a waiver from the Sec- 24 retary of one or more of the requirements 25 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 69 •S 5158 IS of such paragraph on the basis that the re- 1 quirement poses an insurmountable finan- 2 cial burden to the agency and the agency 3 has been unable to secure sufficient grants 4 under paragraph (4). 5 (ii) ALTERNATIVE PLAN.— 6 (I) IN GENERAL.—The waiver 7 process shall include requiring the 8 local educational agency to submit an 9 alternative plan for ensuring that stu- 10 dents are aware of their rights under 11 title IX of the Education Amendments 12 of 1972 (20 U.S.C. 1681 et seq.) and 13 have access to a Title IX Coordinator. 14 (II) ALTERNATIVE PLAN.—An al- 15 ternative plan submitted under sub- 16 clause (I) shall include, at a min- 17 imum, a demonstration that the local 18 educational agency has entered into a 19 partnership with a local rape crisis 20 center or a national or community- 21 based organization that specializes in 22 trauma or crisis management and 23 support. Such a plan shall establish a 24 clear delineation of the roles and re- 25 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 70 •S 5158 IS sponsibilities of the center or organi- 1 zation with the local educational agen- 2 cy, which also includes providing pre- 3 ventative training and supporting 4 measures when addressing reports of 5 sex-based harassment. 6 (B) WITHHOLDING ASSISTANCE.—If a 7 local educational agency has a waiver approved 8 under this paragraph but does not follow the al- 9 ternative plan, or the Secretary determines the 10 plan was insufficient to prevent and respond to 11 sexual harassment and assault, the Secretary 12 shall attempt a voluntary resolution. If a vol- 13 untary resolution is not possible during a rea- 14 sonable period of time, the Secretary shall take 15 such action as may be appropriate to withhold 16 Federal financial assistance. 17 (C) LENGTH OF WAIVER.—A waiver grant- 18 ed under this paragraph shall be valid for 2 19 years. 20 (4) AUTHORIZATION OF FUNDS FOR GRANTS.— 21 (A) IN GENERAL.—To carry out this sub- 22 section, there are authorized to be appropriated 23 to the Secretary $100,000,000 for grants to 24 local educational agencies and institutions of 25 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 71 •S 5158 IS higher education described in paragraph (1) to 1 offset the financial burden of satisfying the re- 2 quirements of this subsection. In making grants 3 under this paragraph, the Secretary shall give 4 priority to local educational agencies and insti- 5 tutions of higher education that otherwise 6 would face a high financial burden in fulfilling 7 such requirements. 8 (B) DEFINITION OF INSTITUTION OF 9 HIGHER EDUCATION.—In this paragraph, the 10 term ‘‘institution of higher education’’ has the 11 meaning given the term in section 101 of the 12 Higher Education Act of 1965 (20 U.S.C. 13 1001). 14 (b) TRAINING REQUIREMENTS.— 15 (1) TRAINING PROGRAM.— 16 (A) IN GENERAL.—Not later than 1 year 17 after the date of enactment of this Act, the Sec- 18 retary, in coordination with the Attorney Gen- 19 eral and in consultation with national, State, or 20 local victim services organizations, local edu- 21 cational agencies, and institutions of higher 22 education, shall develop a training program, 23 which may include online training modules, for 24 training each individual who is involved in im- 25 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 72 •S 5158 IS plementing student grievance procedures at an 1 institution of higher education or local edu- 2 cational agency that receives Federal financial 3 assistance from the Department of Education, 4 including each individual who is responsible for 5 resolving complaints of reported sex-based har- 6 assment, including domestic violence, dating vi- 7 olence, sexual assault, sexual harassment, stalk- 8 ing, or sexual misconduct policy violations, such 9 as an investigator, decision-maker, informal res- 10 olution facilitator, or Title IX Coordinator. 11 (B) CONTENTS.—The training described in 12 subparagraph (A) shall include the following: 13 (i) The role and responsibility of Title 14 IX Coordinators. 15 (ii) Information and evidence-based 16 best practices for increasing awareness 17 about rights and obligations under title IX 18 of the Education Amendments of 1972 (20 19 U.S.C. 1681 et seq.). 20 (iii) Information and evidence-based 21 best practices for investigating and re- 22 sponding to claims of violations of title IX 23 of the Education Amendments of 1972 (20 24 U.S.C. 1681 et seq.), including— 25 VerDate Sep 11 2014 03:47 Dec 09, 2022 Jkt 039200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 73 •S 5158 IS (I) information on working with 1 and interviewing persons subjected to 2 sex-based harassment, including do- 3 mestic violence, dating violence, sexual 4 assault, sexual harassment, or stalk- 5 ing; 6 (II) information on particular 7 types of conduct that would constitute 8 sex-based harassment, including do- 9 mestic violence, dating violence, sexual 10 assault, sexual harassment, or stalk- 11 ing, regardless of gender, including 12 same-sex incidents of domestic vio- 13 lence, dating violence, sexual assault, 14 sexual harassment, or stalking; 15 (III) information on consent, and 16 what factors, including power dynam- 17 ics, may impact whether consent is 18 voluntarily given, including the effect 19 that drugs or alcohol may have on an 20 individual’s ability to consent and in- 21 formation on consent for individuals 22 with disabilities or individuals who are 23 neurodivergent; 24 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 74 •S 5158 IS (IV) the effects of trauma, in- 1 cluding the neurobiology of trauma; 2 (V) training regarding the use of 3 trauma-informed interview techniques, 4 and reasonable accommodations for 5 interviewees with disabilities; 6 (VI) cultural awareness training 7 regarding how sex-based harassment, 8 including domestic violence, dating vi- 9 olence, sexual assault, sexual harass- 10 ment, or stalking may impact stu- 11 dents differently depending on their 12 cultural background; 13 (VII) information on sexual as- 14 sault dynamics, sexual assault perpe- 15 trator behavior, and barriers to re- 16 porting; 17 (VIII) the dynamics of power and 18 control within intimate partner vio- 19 lence and reactive abuse; 20 (IX) safety risks for victims asso- 21 ciated with reporting abuse or seeking 22 help; 23 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 75 •S 5158 IS (X) information on harassment 1 and abuse of LGBTQI+ students; 2 and 3 (XI) information on harassment 4 and abuse of disabled students. 5 (iv) For Title IX Coordinators, addi- 6 tional training on information and evi- 7 dence-based best practices for identifying 8 and preventing implicit and explicit sex 9 discrimination in all areas and at all levels 10 of education, including— 11 (I) recruitment and admissions; 12 (II) teaching practices, textbooks, 13 and curricula; 14 (III) campus safety and security; 15 (IV) financial assistance; 16 (V) access to facilities, resources, 17 and housing; 18 (VI) access to course offerings; 19 (VII) student health services and 20 insurance benefits; 21 (VIII) counseling and career 22 guidance; 23 (IX) athletics; 24 (X) discipline policies; 25 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 76 •S 5158 IS (XI) employment; and 1 (XII) other areas that the Assist- 2 ant Secretary for Civil Rights of the 3 Department of Education determines 4 are relevant for such purposes. 5 (2) INSTITUTIONAL TRAINING.—Each institu- 6 tion of higher education or local educational agency 7 that receives Federal financial assistance from the 8 Department of Education, shall ensure that the indi- 9 viduals and employees described in paragraph (1)(A) 10 receive the training described in this subsection not 11 later than the first July 15 following the date that 12 is 1 year after the date on which the Secretary com- 13 pletes the development of the training, and annually 14 thereafter. 15 (3) AUTHORIZATION OF FUNDS FOR GRANTS 16 FOR TRAINING FOR LOCAL EDUCATIONAL AGEN- 17 CIES.—There are authorized to be appropriated to 18 the Secretary $50,000,000 for grants to local edu- 19 cational agencies to train elementary school and sec- 20 ondary school teachers and other school staff on how 21 to prevent, recognize, and respond to signs of sexual 22 harassment and assault among students or between 23 students and adults, as well as grooming behaviors 24 of adults toward students at school. 25 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 77 •S 5158 IS (4) AUTHORIZATION OF FUNDS FOR GRANTS 1 FOR TRAINING FOR INSTITUTIONS OF HIGHER EDU- 2 CATION.— 3 (A) IN GENERAL.—There are authorized to 4 be appropriated to the Secretary $50,000,000 5 for grants to institutions of higher education to 6 train faculty, staff, and administrators on how 7 to prevent, recognize, and respond to signs of 8 sexual harassment and assault among students 9 or between students and employees, as well as 10 grooming behaviors of adults toward students. 11 (B) DEFINITION OF INSTITUTION OF 12 HIGHER EDUCATION.—In this paragraph, the 13 term ‘‘institution of higher education’’ has the 14 meaning given the term in section 101 of the 15 Higher Education Act of 1965 (20 U.S.C. 16 1001). 17 (c) DEFINITIONS.—In this section: 18 (1) ESEA TERMS.—The terms ‘‘elementary 19 school’’, ‘‘local educational agency’’, and ‘‘secondary 20 school’’ have the meanings given the terms in section 21 8101 of the Elementary and Secondary Education 22 Act of 1965 (20 U.S.C. 7801). 23 (2) GROOMING.—The term ‘‘grooming’’, used 24 with respect to a behavior, means a method used by 25 VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS 78 •S 5158 IS an adult to build trust with a student in an effort 1 to both maintain control over the student and gain 2 access to time alone with the student for the pur- 3 poses of sexual harassment, as defined in section 4 203(i). 5 (3) INSTITUTION OF HIGHER EDUCATION.—Ex- 6 cept as otherwise provided, the term ‘‘institution of 7 higher education’’ has the meaning given the term in 8 section 102 of the Higher Education Act of 1965 9 (20 U.S.C. 1002). 10 (4) SECRETARY.—The term ‘‘Secretary’’ means 11 the Secretary of Education. 12 (5) SEXUAL HARASSMENT.—The term ‘‘sexual 13 harassment’’ has the meaning given the term in sec- 14 tion 203(i). 15 (6) TITLE IX COORDINATOR.—The term ‘‘Title 16 IX Coordinator’’ has the meaning given the term in 17 section 205(c). 18 Æ VerDate Sep 11 2014 04:35 Dec 08, 2022 Jkt 039200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6301 E:\BILLS\S5158.IS S5158 kjohnson on DSK79L0C42PROD with BILLS