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Debate: S.15 Tyler Clementi Higher Education Anti-Harassment Act of 2011
Topic Started: Dec 10 2013, 12:17 AM (157 Views)
Kate Urbana
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Sen.TREMBLEY of Massachusetts for herself, Mrs. GRANT, and others with thanks to Mr.HOLT of New Jersey sponsors
A BILL

To prevent harassment at institutions of higher education, and for
other purposes.

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 amended--
(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), respectively; and
(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 system.
``(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
technology) that--
``(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--
``(aa) race;
``(bb) color;
``(cc) national origin;
``(dd) sex;
``(ee) disability;
``(ff) sexual orientation;
``(gg) gender identity; or
``(hh) religion.'';
(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--
``(I) on campus;
``(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 higher
education;
``(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 following areas:
``(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; or
(B) a consortium of institutions of higher
education located in the same State.
(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 this section.
(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 higher education.
(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 2018.

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.).

PES: Tyler Clementi Higher Education Anti-Harassment Act of 2011 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require each institution of higher education (IHE) participating in a title IV program (except a foreign school) to include in its annual security report a statement of policy regarding harassment that includes: (1) a prohibition of harassment of students by other students, faculty, and staff; (2) a description of its programs to prevent harassment; (3) a description of the procedures that students should follow if harassment occurs; and (4) a description of the procedures it will follow once an incident of harassment has been reported.

Defines "harassment" to include certain conduct undertaken through technological means that limits a student's ability to benefit from the IHE's programs, or creates a hostile or abusive educational environment at the school.

Authorizes the Secretary of Education to award competitive grants to IHEs to initiate, expand, or improve programs to: (1) prevent the harassment of students; (2) provide counseling or redress services to students who have been harassed or accused of subjecting other students to harassment; and (3) train students, faculty, or staff to prevent harassment or address harassment if it occurs.

Directs the Secretary to publish a report of best practices for combating harassment at IHEs.


Debate will last until a motion for cloture passes.
Edited by Kate Urbana, Dec 11 2013, 12:48 AM.
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EgeDoruk
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Madame President,

I move for UC.

I yield
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Dick
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Mr. President,

I object to UC in order to ask a few questions of the bill's author, the honourable lady from Massachusetts. First, I'd like to know approximately how many institutions are covered under this act which do not already have in place a policy which is described in the provisions of this bill? Second, what is the estimated frequency of harassment in the institutions covered by this act, as defined by the act? Third, all things totaled, what does the honourable lady believe will be the overall and final cost of this bill's provisions both to the United States Government and to the institutions covered by this act?

I yield.
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EgeDoruk
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Madame Speaker,

I don't have the total numbers but enforcing universities to issue guidelines do not cost us any money. I mean if they fail to comply it will actually save us money. I can't say anything about the institutions but cost shouldn't be a problem. A teenage committed suicide because some other kid filmed him kissing another boy and harassed him. Teenage suicide is a real issue that we need to control and I think its shameful of you to ask cost of it. I can this, life is precious and worthless, so sir get your priorities straight.

I yield.
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Langdon
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Mr President,

Issuing guidelines might not cost us money, but it will cost our universities money in terms of the dedication of staff time and resources. I'm skeptical about the federal authority in this area: this is about management, not just at a state level, but at a university level. I'm fine with us working to make education more accessible and more affordable, just as the Higher Education Act – the very bill being amended within this proposal – does. I don't have an interest in the federal government sending dictations to our colleges and universities about how they have to go about business.

I don't see how this legislation will make a difference. I suspect that these issues are not issues of primary relevance for a number of institutions across this country. And the institutions or student populations that do have problems of discrimination, either socially or by process, likely won't be interested in the grant scheme created or in the best practice guidance that we're saying the federal government should distribute.

Can the sponsor of this bill give us an example of where she anticipates this bill can actually make a difference to the student experience?

I yield the floor.
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Dick
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Mr. President,

I resent the Honourable Lady's assertion that I should be ashamed for undertaking a reasonable and diligent course of questioning pertaining to a bill she wishes me to support the passage of. Let me be clear, Mr. President, the death of a young person is always sad -- sadder still, perhaps, when anyone feels compelled for whatever reason, to take their own lives. However we, as a government, must resist the urge and temptation to govern based on emotional reactions to ongoing events, though difficult that might be, and, instead, do our due diligence here, in the upper chamber of our government. Now, I asked three questions of the lady and have received literally zero answers. Has the Honourable Lady not even considered these questions before introducing this legislation?

I yield.
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Colin
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Madam President,

I would advise my colleague from Massachusetts to take heed of the concerns raised by other members of this body. While I support the legislation's intent, I too would like to hear answers to questions of cost and efficacy. We must, of course, be sensitive to these.

I yield the floor.
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Vissering
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Really Rich Old Guy

Madame President,

I join my colleagues in questioning the efficiency of this legislation. More importantly, my main concern is that this bill will become nothing more than a feel-good bill if this bill accomplishes jack-squat.

I yield the floor
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Dick
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Mr. President,

I'm waiting very patiently for an answer from my colleague.

I yield.
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Kate Urbana
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Motion for unanimous consent and subsequent objection noted.
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LostDreamer
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Madame President,

I move that I be added as a sponsor by UC.

I yield
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Kate Urbana
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The Senator from Missouri will be added as a cosponsor.
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EgeDoruk
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Madame Speaker,

No I don't think of the costs of this act when I sponsor it. This act enforces IHE's that get federal funding to establish a harrassment policy, I can't see a reason why it should cost us. I've no idea about the number of the institution of higher education that haven't have a harrassment policy, I don't this is an issue we need to discuss. As for the second question, I think frequency is not a problem, one time is enough and I try to prevent these harrassment and possible actions related to harrassment and this includes suicide. I failed to see the reasoning of these questions. If we can save one life with this act so let it be. As for the costs there is no CBO estimate.

I yield
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Clarence Allen
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Madame President,

I object to UC.

I believe that the definitions of harrasment set forth by this bill are far to vague. Any joking, sarcastic comment, under this act, would qualify as harrasment and require extreme reprocussions. this bill requires more work before it can be passed by this House.

I yield
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EgeDoruk
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Clarence Allen
Dec 12 2013, 04:28 PM
Madame President,

I object to UC.

I believe that the definitions of harrasment set forth by this bill are far to vague. Any joking, sarcastic comment, under this act, would qualify as harrasment and require extreme reprocussions. this bill requires more work before it can be passed by this House.

I yield
Madame President,

I'm open to reasonable amendments, if the gentleman cares to amend it.

I yield
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Kate Urbana
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If there is no more debate, the chair would look favorably upon a motion for cloture.
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Langdon
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Mme President,

I motion for cloture on this bill.
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