H. R. 1048
To prevent harassment at institutions of higher education, and for
IN THE HOUSE OF REPRESENTATIVES
March 11, 2011
Mr. HOLT (for himself, Mr. SIRES, Mr. ROTHMAN of New Jersey, Mr. PALLONE,
Mr. PASCRELL, Mr. HONDA, and Ms. LINDA T. SANCHEZ of California) introduced
the following bill; which was referred to the Committee on Education and the
To prevent harassment at institutions of higher education, and for
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Tyler Clementi Higher Education Anti-Harassment
Act of 2011'.
SEC. 2. INSTITUTIONAL AND FINANCIAL ASSISTANCE INFORMATION FOR STUDENTS.
Section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)) is
(1) by striking the subsection heading and inserting `Disclosure of Campus
Security and Harassment Policy and Campus Crime Statistics.';
(2) in paragraph (6)(A)--
(A) by redesignating clauses (ii) and (iii) as clauses (vi) and (vii),
(B) by inserting after clause (i) the following:
`(ii) The term `commercial mobile service' has the meaning given the term
in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d)).
`(iii) The term `electronic communication' means any transfer of signs,
signals, writing, images, sounds, or data of any nature transmitted in whole
or in part by a wire, radio, electromagnetic, photoelectronic, or photooptical
`(iv) The term `electronic messaging services' has the meaning given the
term in section 102 of the Communications Assistance for Law Enforcement
Act (47 U.S.C. 1001).
`(v) The term `harassment' means conduct, including acts of verbal, nonverbal,
or physical aggression, intimidation, or hostility (including conduct that
is undertaken in whole or in part, through the use of electronic messaging
services, commercial mobile services, electronic communications, or other
`(I) is sufficiently severe, persistent, or pervasive so as to limit a
student's ability to participate in or benefit from a program or activity
at an institution of higher education, or to create a hostile or abusive
educational environment at an institution of higher education; and
`(II) is based on a student's actual or perceived--
`(ff) sexual orientation;
`(gg) gender identity; or
(3) by redesignating paragraphs (9) through (18) as paragraphs (10) through
(19), respectively; and
(4) by inserting after paragraph (8) the following:
`(9)(A) Each institution of higher education participating in any program
under this title, other than a foreign institution of higher education, shall
develop and distribute as part of the report described in paragraph (1) a
statement of policy regarding harassment, which shall include--
`(i) a prohibition of harassment of enrolled students by other students,
faculty, and staff--
`(II) in noncampus buildings or on noncampus property;
`(III) on public property;
`(IV) through the use of electronic mail addresses issued by the institution
of higher education;
`(V) through the use of computers and communication networks, including
any telecommunications service, owned, operated, or contracted for use
by the institution of higher education or its agents; or
`(VI) during an activity sponsored by the institution of higher education
or carried out with the use of resources provided by the institution of
`(ii) a description of the institution's programs to combat harassment,
which shall be aimed at the prevention of harassment;
`(iii) a description of the procedures that a student should follow if an
incident of harassment occurs; and
`(iv) a description of the procedures that the institution will follow once
an incident of harassment has been reported.
`(B) The statement of policy described in subparagraph (A) shall address the
`(i) Procedures for timely institutional action in cases of alleged harassment,
which procedures shall include a clear statement that the accuser and the
accused shall be informed of the outcome of any disciplinary proceedings
in response to an allegation of harassment.
`(ii) Possible sanctions to be imposed following the final determination
of an institutional disciplinary procedure regarding harassment.
`(iii) Notification of existing counseling, mental health, or student services
for victims or perpetrators of harassment, both on campus and in the community.
`(iv) Identification of a designated employee or office at the institution
that will be responsible for receiving and tracking each report of harassment
by a student, faculty, or staff member.'.
SEC. 3. ANTI-HARASSMENT COMPETITIVE GRANT PROGRAM.
(a) Definitions- In this section:
(1) ELIGIBLE ENTITY- The term `eligible entity' means--
(A) an institution of higher education, including an institution of higher
education in a collaborative partnership with a nonprofit organization;
(B) a consortium of institutions of higher education located in the same
(2) HARASSMENT- The term `harassment' has the meaning given the term in
section 485(f)(6)(A) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(6)(A)),
as amended by section 2 of this Act.
(3) SECRETARY- The term `Secretary' means the Secretary of Education.
(b) Program Authorized- The Secretary is authorized to award grants, on a
competitive basis, to eligible entities to enable eligible entities to carry
out the authorized activities described in subsection (d).
(c) Amount of Grant Awards- The Secretary shall ensure that each grant awarded
under this section is of sufficient amount to enable the grantee to meet the
purpose of this section.
(d) Authorized Activities- An eligible entity that receives a grant under
this section shall use the funds made available through the grant to address
one or more of the types of harassment listed in section 485(f)(6)(A)(v)(II)
of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(6)(A)(v)(II)), as amended
by section 2 of this Act, by initiating, expanding, or improving programs--
(1) to prevent the harassment of students at institutions of higher education;
(2) at institutions of higher education that provide counseling or redress
services to students who have suffered such harassment or students who have
been accused of subjecting other students to such harassment; or
(3) that educate or train students, faculty, or staff of institutions of
higher education about ways to prevent harassment or ways to address such
harassment if it occurs.
(e) Application- To be eligible to receive a grant under this section, an
eligible entity shall submit an application to the Secretary at such time,
in such manner, and containing such information, as the Secretary may require.
(f) Duration; Renewal- A grant under this section shall be awarded for a period
of not more than 3 years. The Secretary may renew a grant under this section
for one additional period of not more than 2 years.
(g) Award Considerations- In awarding a grant under this section, the Secretary
shall select eligible entities that demonstrate the greatest need for a grant
and the greatest potential benefit from receipt of a grant.
(h) Report and Evaluation-
(1) EVALUATION AND REPORT TO THE SECRETARY- Not later than 6 months after
the end of the eligible entity's grant period, the eligible entity shall--
(A) evaluate the effectiveness of the activities carried out with the
use of funds awarded pursuant to this section in decreasing harassment
and improving tolerance; and
(B) prepare and submit to the Secretary a report on the results of the
evaluation conducted by the entity.
(2) EVALUATION AND REPORT TO CONGRESS- Not later than 12 months after the
date of receipt of the first report submitted pursuant to paragraph (1)
and annually thereafter, the Secretary shall provide to Congress a report
that includes the following:
(A) The number and types of eligible entities receiving assistance under
(B) The anti-harassment programs being implemented with assistance under
this section and the costs of such programs.
(C) Any other information determined by the Secretary to be useful in
evaluating the overall effectiveness of the program established under
this section in decreasing incidents of harassment at institutions of
(3) BEST PRACTICES REPORT- The Secretary shall use the information provided
under paragraph (1) to publish a report of best practices for combating
harassment at institutions of higher education. The report shall be made
available to all institutions of higher education and other interested parties.
(i) Authorization of Appropriations- There are authorized to be appropriated
to carry out this section $50,000,000 for each of fiscal years 2013 through
SEC. 4. EFFECT ON OTHER LAWS.
Nothing in this Act shall be construed to invalidate or limit rights, remedies,
procedures, or legal standards available to victims of discrimination under
any other Federal law or law of a State or political subdivision of a State,
including title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.),
title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section
504 or 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794, 794a), or the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). The obligations
imposed by this Act are in addition to those imposed by title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments
of 1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of
1973 (29 U.S.C. 794), and the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.).