§ 1152. — Grants to combat violent crimes against women on campuses.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC1152]
TITLE 20--EDUCATION
CHAPTER 28--HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER VIII--MISCELLANEOUS
Sec. 1152. Grants to combat violent crimes against women on
campuses
(a) Grants authorized
(1) In general
The Attorney General is authorized to make grants to
institutions of higher education, for use by such institutions or
consortia consisting of campus personnel, student organizations,
campus administrators, security personnel, and regional crisis
centers affiliated with the institution, to develop and strengthen
effective security and investigation strategies to combat violent
crimes against women on campuses, and to develop and strengthen
victim services in cases involving violent crimes against women on
campuses, which may include partnerships with local criminal justice
authorities and community-based victim services agencies.
(2) Award basis
The Attorney General shall award grants and contracts under this
section on a competitive basis.
(3) Equitable participation
The Attorney General shall make every effort to ensure--
(A) the equitable participation of private and public
institutions of higher education in the activities assisted
under this section; and
(B) the equitable geographic distribution of grants under
this section among the various regions of the United States.
(b) Use of grant funds
Grant funds awarded under this section may be used for the following
purposes:
(1) To provide personnel, training, technical assistance, data
collection, and other equipment with respect to the increased
apprehension, investigation, and adjudication of persons committing
violent crimes against women on campus.
(2) To train campus administrators, campus security personnel,
and personnel serving on campus disciplinary or judicial boards to
more effectively identify and respond to violent crimes against
women on campus, including the crimes of sexual assault, stalking,
domestic violence, and dating violence.
(3) To implement and operate education programs for the
prevention of violent crimes against women.
(4) To develop, enlarge, or strengthen support services
programs, including medical or psychological counseling, for victims
of sexual offense crimes.
(5) To create, disseminate, or otherwise provide assistance and
information about victims' options on and off campus to bring
disciplinary or other legal action, including assistance to victims
in immigration matters.
(6) To develop and implement more effective campus policies,
protocols, orders, and services specifically devoted to prevent,
identify, and respond to violent crimes against women on campus,
including the crimes of sexual assault, stalking, domestic violence,
and dating violence.
(7) To develop, install, or expand data collection and
communication systems, including computerized systems, linking
campus security to the local law enforcement for the purpose of
identifying and tracking arrests, protection orders, violations of
protection orders, prosecutions, and convictions with respect to
violent crimes against women on campus, including the crimes of
sexual assault, stalking, domestic violence, and dating violence.
(8) To develop, enlarge, or strengthen victim services programs
for the campus and to improve delivery of victim services on campus.
(9) To provide capital improvements (including improved lighting
and communications facilities but not including the construction of
buildings) on campuses to address violent crimes against women on
campus, including the crimes of sexual assault, stalking, domestic
violence, and dating violence.
(10) To support improved coordination among campus
administrators, campus security personnel, and local law enforcement
to reduce violent crimes against women on campus.
(c) Applications
(1) In general
In order to be eligible to be awarded a grant under this section
for any fiscal year, an institution of higher education shall submit
an application to the Attorney General at such time and in such
manner as the Attorney General shall prescribe.
(2) Contents
Each application submitted under paragraph (1) shall--
(A) describe the need for grant funds and the plan for
implementation for any of the purposes described in subsection
(b) of this section;
(B) describe how the campus authorities shall consult and
coordinate with nonprofit and other victim services programs,
including sexual assault, domestic violence and dating violence
victim services programs;
(C) describe the characteristics of the population being
served, including type of campus, demographics of the
population, and number of students;
(D) provide measurable goals and expected results from the
use of the grant funds;
(E) provide assurances that the Federal funds made available
under this section shall be used to supplement and, to the
extent practical, increase the level of funds that would, in the
absence of Federal funds, be made available by the institution
for the purposes described in subsection (b) of this section;
and
(F) include such other information and assurances as the
Attorney General reasonably determines to be necessary.
(3) Compliance with campus crime reporting required
No institution of higher education shall be eligible for a grant
under this section unless such institution is in compliance with the
requirements of section 1092(f) of this title.
(d) General terms and conditions
(1) Nonmonetary assistance
In addition to the assistance provided under this section, the
Attorney General may request any Federal agency to use the agency's
authorities and the resources granted to the agency under Federal
law (including personnel, equipment, supplies, facilities, and
managerial, technical, and advisory services) in support of campus
security, and investigation and victim service efforts.
(2) Grantee reporting
(A) Annual report
Each institution of higher education receiving a grant under
this section shall submit an annual performance report to the
Attorney General. The Attorney General shall suspend funding
under this section for an institution of higher education if the
institution fails to submit an annual performance report.
(B) Final report
Upon completion of the grant period under this section, the
institution shall file a performance report with the Attorney
General and the Secretary of Education explaining the activities
carried out under this section together with an assessment of
the effectiveness of those activities in achieving the purposes
described in subsection (b) of this section.
(3) Report to Congress
Not later than 180 days after the end of the fiscal year for
which grants are awarded under this section, the Attorney General
shall submit to the committees of the House of Representatives and
the Senate responsible for issues relating to higher education and
crime, a report that includes--
(A) the number of grants, and the amount of funds,
distributed under this section;
(B) a summary of the purposes for which the grants were
provided and an evaluation of the progress made under the grant;
(C) a statistical summary of the persons served, detailing
the nature of victimization, and providing data on age, sex,
race, ethnicity, language, disability, relationship to offender,
geographic distribution, and type of campus; and
(D) an evaluation of the effectiveness of programs funded
under this part,\1\ including information obtained from reports
submitted pursuant to section 1092(f) of this title.
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\1\ See References in Text note below.
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(4) Regulations or guidelines
Not later than 120 days after October 7, 1998, the Attorney
General, in consultation with the Secretary of Education, shall
publish proposed regulations or guidelines implementing this
section. Not later than 180 days after October 7, 1998, the Attorney
General shall publish final regulations or guidelines implementing
this section.
(f) \2\ Definitions
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\2\ So in original. No subsec. (e) has been enacted.
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In this section--
(1) the term ``dating violence'' means violence committed by a
person--
(A) who is or has been in a social relationship of a
romantic or intimate nature with the victim; and
(B) where the existence of such a relationship shall be
determined based on a consideration of the following factors:
(i) the length of the relationship;
(ii) the type of relationship; and
(iii) the frequency of interaction between the persons
involved in the relationship.\3\
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\3\ So in original. The period probably should be a semicolon.
(2) the term ``domestic violence'' includes acts or threats of
violence, not including acts of self defense, committed by a current
or former spouse of the victim, by a person with whom the victim
shares a child in common, by a person who is cohabitating with or
has cohabitated with the victim, by a person similarly situated to a
spouse of the victim under the domestic, dating or family violence
laws of the jurisdiction, or by any other person against a victim
who is protected from that person's acts under the domestic, dating
or family violence laws of the jurisdiction;
(3) the term ``sexual assault'' means any conduct proscribed by
chapter 109A of title 18, whether or not the conduct occurs in the
special maritime and territorial jurisdiction of the United States
or in a Federal prison, including both assaults committed by
offenders who are strangers to the victim and assaults committed by
offenders who are known or related by blood or marriage to the
victim; and
(4) the term ``victim services'' means a nonprofit,
nongovernmental organization or a public, nonprofit organization
acting in a nongovernmental capacity that assists domestic violence,
dating violence or sexual assault victims, including campus women's
centers, rape crisis centers, battered women's shelters, and other
sexual assault, domestic violence or dating violence programs,
including campus counseling support and victim advocate
organizations with domestic violence, dating violence, stalking, and
sexual assault programs, whether or not organized and staffed by
students.
(g) Authorization of appropriations
For the purpose of carrying out this part,\1\ there are authorized
to be appropriated $10,000,000 for each of fiscal years 2001 through
2005.
(Pub. L. 105-244, title VIII, Sec. 826, Oct. 7, 1998, 112 Stat. 1815;
Pub. L. 106-386, div. B, title I, Sec. 1108(a), title V, Sec. 1512(d),
Oct. 28, 2000, 114 Stat. 1500, 1533.)
References in Text
This part, referred to in subsecs. (d)(3)(D) and (g), is part E
(Secs. 826, 827) of title VIII of Pub. L. 105-244, which enacted this
section and provisions set out as a note under this section.
Codification
Section was enacted as part of the Higher Education Amendments of
1998, and not as part of the Higher Education Act of 1965 which
comprises this chapter.
Amendments
2000--Subsec. (b)(2). Pub. L. 106-386, Sec. 1108(a)(1), substituted
``domestic violence, and dating violence'' for ``and domestic
violence''.
Subsec. (b)(5). Pub. L. 106-386, Sec. 1512(d), inserted ``,
including assistance to victims in immigration matters'' before period
at end.
Subsec. (b)(6), (7), (9). Pub. L. 106-386, Sec. 1108(a)(1),
substituted ``domestic violence, and dating violence'' for ``and
domestic violence''.
Subsec. (c)(2)(B). Pub. L. 106-386, Sec. 1108(a)(2), substituted ``,
domestic violence and dating violence'' for ``and domestic violence''.
Subsec. (f)(1). Pub. L. 106-386, Sec. 1108(a)(3)(B), added par. (1).
Former par. (1) redesignated (2).
Subsec. (f)(2). Pub. L. 106-386, Sec. 1108(a)(3)(C), which directed
the amendment of par. (2) by inserting ``, dating'' after ``domestic''
wherever appearing, was executed by inserting ``, dating'' after
``domestic'' the second and third places appearing, to reflect the
probable intent of Congress.
Pub. L. 106-386, Sec. 1108(a)(3)(A), redesignated par. (1) as (2).
Former par. (2) redesignated (3).
Subsec. (f)(3). Pub. L. 106-386, Sec. 1108(a)(3)(A), redesignated
par. (2) as (3). Former par. (3) redesignated (4).
Subsec. (f)(4). Pub. L. 106-386, Sec. 1108(a)(3)(A), (D),
redesignated par. (3) as (4), inserted ``or a public, nonprofit
organization acting in a nongovernmental capacity'' after
``organization'', ``, dating violence'' after ``assists domestic
violence'', and ``dating violence,'' before ``stalking,'' and
substituted ``, domestic violence or dating violence'' for ``or domestic
violence''.
Subsec. (g). Pub. L. 106-386, Sec. 1108(a)(4), substituted ``each of
fiscal years 2001 through 2005'' for ``fiscal year 1999 and such sums as
may be necessary for each of the 4 succeeding fiscal years''.
Study of Institutional Procedures To Report Sexual Assaults
Pub. L. 105-244, title VIII, Sec. 827, Oct. 7, 1998, 112 Stat. 1819,
provided that:
``(a) In General.--The Attorney General, in consultation with the
Secretary of Education, shall provide for a national study to examine
procedures undertaken after an institution of higher education receives
a report of sexual assault.
``(b) Report.--The study required by subsection (a) shall include an
analysis of--
``(1) the existence and publication of the institution of higher
education's and State's definition of sexual assault;
``(2) the existence and publication of the institution's policy
for campus sexual assaults;
``(3) the individuals to whom reports of sexual assault are
given most often and--
``(A) how the individuals are trained to respond to the
reports; and
``(B) the extent to which the individuals are trained;
``(4) the reporting options that are articulated to the victim
or victims of the sexual assault regarding--
``(A) on-campus reporting and procedure options; and
``(B) off-campus reporting and procedure options;
``(5) the resources available for victims' safety, support,
medical health, and confidentiality, including--
``(A) how well the resources are articulated both
specifically to the victim of sexual assault and generally to
the campus at large; and
``(B) the security of the resources in terms of
confidentiality or reputation;
``(6) policies and practices that may prevent or discourage the
reporting of campus sexual assaults to local crime authorities, or
that may otherwise obstruct justice or interfere with the
prosecution of perpetrators of campus sexual assaults;
``(7) policies and practices found successful in aiding the
report and any ensuing investigation or prosecution of a campus
sexual assault;
``(8) the on-campus procedures for investigation and
disciplining the perpetrator of a sexual assault, including--
``(A) the format for collecting evidence; and
``(B) the format of the investigation and disciplinary
proceeding, including the faculty responsible for running the
disciplinary procedure and the persons allowed to attend the
disciplinary procedure; and
``(9) types of punishment for offenders, including--
``(A) whether the case is directed outside the institution
for further punishment; and
``(B) how the institution punishes perpetrators.
``(c) Submission of Report.--The report required by subsection (b)
shall be submitted to Congress not later than September 1, 2000.
``(d) Definition.--For purposes of this section, the term `campus
sexual assaults' means sexual assaults occurring at institutions of
higher education and sexual assaults committed against or by students or
employees of such institutions.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000 for fiscal year
2000.''
