Colleges receiving federal aid would designate independent survivor advocates

Covered colleges would designate an independent advocate, and employees who receive sexual assault reports would tell survivors about the advocate and available services. This applies to higher education institutions receiving federal financial help under Title IV of the Higher Education Act. The advocate must have experience and a demonstrated ability to provide services to sexual assault survivors. The advocate would report outside the office that investigates and decides complaints and file an annual report on resource use and survivor counts by sex. Within 180 days after enactment, the Education Secretary would issue rules for appointing the advocates.

Advocates would connect survivors to support, guide them through campus and local law-enforcement processes, and attend campus proceedings when asked. This covers forcible and nonforcible sex offenses under the FBI crime-reporting system when they involve survivors at a covered college. Survivors must consent before advocates arrange the listed services, and they must request help with processes or attendance at proceedings. Information on reporting, emergency medical care, and forensic exams must be available 24 hours a day. Services must be provided on campus with a community organization or through a written agreement with a nearby community organization that includes transportation. Advocates must perform these duties even when a survivor wants the report kept confidential.

Covered colleges could not punish survivors for reporting to advocates or advocates for representing survivors; advocates would protect confidentiality and publicize their services. Privacy protections cover survivors, witnesses, their identities, and the reported circumstances. Disclosure would be allowed when required by the laws of the state where the college is located. Colleges would publicize the advocate through websites, orientation materials, campus posters, and staff training. The proposal would not alter duties under federal campus crime-reporting law or Title IX.