(A)
Each institution of higher education participating in any program under this subchapter and title IV of the Economic Opportunity Act of 1964,3 other than a foreign institution of higher education, shall develop and distribute as part of the report described in paragraph (1) a statement of policy regarding—
(i)
such institution’s programs to prevent domestic violence, dating violence, sexual assault, and stalking; and
(ii)
the procedures that such institution will follow once an incident of domestic violence, dating violence, sexual assault, or stalking has been reported, including a statement of the standard of evidence that will be used during any institutional conduct proceeding arising from such a report.
(B)
The policy described in subparagraph (A) shall address the following areas:
(i)
Education programs to promote the awareness of rape, acquaintance rape, domestic violence, dating violence, sexual assault, and stalking, which shall include—
(I)
primary prevention and awareness programs for all incoming students and new employees, which shall include—
(aa)
a statement that the institution of higher education prohibits the offenses of domestic violence, dating violence, sexual assault, and stalking;
(bb)
the definition of domestic violence, dating violence, sexual assault, and stalking in the applicable jurisdiction;
(cc)
the definition of consent, in reference to sexual activity, in the applicable jurisdiction;
(dd)
safe and positive options for bystander intervention that may be carried out by an individual to prevent harm or intervene when there is a risk of domestic violence, dating violence, sexual assault, or stalking against a person other than such individual;
(ee)
information on risk reduction to recognize warning signs of abusive behavior and how to avoid potential attacks; and
(ff)
the information described in clauses (ii) through (vii); and
(II)
ongoing prevention and awareness campaigns for students and faculty, including information described in items (aa) through (ff) of subclause (I).
(ii)
Possible sanctions or protective measures that such institution may impose following a final determination of an institutional disciplinary procedure regarding rape, acquaintance rape, domestic violence, dating violence, sexual assault, or stalking.
(iii)
Procedures victims should follow if a sex offense, domestic violence, dating violence, sexual assault, or stalking has occurred, including information in writing about—
(I)
the importance of preserving evidence as may be necessary to the proof of criminal domestic violence, dating violence, sexual assault, or stalking, or in obtaining a protection order;
(II)
to whom the alleged offense should be reported;
(III)
options regarding law enforcement and campus authorities, including notification of the victim’s option to—
(aa)
notify proper law enforcement authorities, including on-campus and local police;
(bb)
be assisted by campus authorities in notifying law enforcement authorities if the victim so chooses; and
(cc)
decline to notify such authorities; and
(IV)
where applicable, the rights of victims and the institution’s responsibilities regarding orders of protection, no contact orders, restraining orders, or similar lawful orders issued by a criminal, civil, or tribal court.
(iv)
Procedures for institutional disciplinary action in cases of alleged domestic violence, dating violence, sexual assault, or stalking, which shall include a clear statement that—
(I)
such proceedings shall—
(aa)
provide a prompt, fair, and impartial investigation and resolution; and
(bb)
be conducted by officials who receive annual training on the issues related to domestic violence, dating violence, sexual assault, and stalking and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability;
(II)
the accuser and the accused are entitled to the same opportunities to have others present during an institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by an advisor of their choice; and
(III)
both the accuser and the accused shall be simultaneously informed, in writing, of—
(aa)
the outcome of any institutional disciplinary proceeding that arises from an allegation of domestic violence, dating violence, sexual assault, or stalking;
(bb)
the institution’s procedures for the accused and the victim to appeal the results of the institutional disciplinary proceeding;
(cc)
of any change to the results that occurs prior to the time that such results become final; and
(dd)
when such results become final.
(v)
Information about how the institution will protect the confidentiality of victims, including how publicly-available recordkeeping will be accomplished without the inclusion of identifying information about the victim, to the extent permissible by law.
(vi)
Written notification of students and employees about existing counseling, health, mental health, victim advocacy, legal assistance, and other services available for victims both on-campus and in the community.
(vii)
Written notification of victims about options for, and available assistance in, changing academic, living, transportation, and working situations, if so requested by the victim and if such accommodations are reasonably available, regardless of whether the victim chooses to report the crime to campus police or local law enforcement.