An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in sexual violence, dating violence, domestic violence and stalking education, prevention and response at institutions of higher education and private licensed schools, further providing for scope of article, for definitions, for education program and for follow-up and providing for staff training and for enforcement and penalties; in postsecondary institution sexual harassment and sexual violence policy and online reporting system, further providing for definitions, for policy for postsecondary institution sexual harassment and sexual violence and for online reporting system, providing for sexual misconduct climate surveys, establishing the Task Force on Postsecondary Sexual Misconduct and providing for confidential resource advisors, for waivers for student victims, for data reporting requirements and for enforcement and penalties; and making editorial changes.

PRINTER'S NO. 1451
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1279
Session of
2025
INTRODUCED BY A. BROWN, PIELLI, HILL-EVANS, MADDEN, GIRAL,
SANCHEZ, D. WILLIAMS, BELLMON, GAYDOS, DEASY, RIVERA, CEPEDA-
FREYTIZ, SCHLOSSBERG, K.HARRIS, PROBST, SHUSTERMAN, BURGOS,
MAYES, FRIEL AND CONKLIN, APRIL 22, 2025
REFERRED TO COMMITTEE ON EDUCATION, APRIL 22, 2025
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in sexual violence, dating violence,
domestic violence and stalking education, prevention and
response at institutions of higher education and private
licensed schools, further providing for scope of article, for
definitions, for education program and for follow-up and
providing for staff training and for enforcement and
penalties; in postsecondary institution sexual harassment and
sexual violence policy and online reporting system, further
providing for definitions, for policy for postsecondary
institution sexual harassment and sexual violence and for
online reporting system, providing for sexual misconduct
climate surveys, establishing the Task Force on Postsecondary
Sexual Misconduct and providing for confidential resource
advisors, for waivers for student victims, for data reporting
requirements and for enforcement and penalties; and making
editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Article XX-G heading of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, is
amended to read:
ARTICLE XX-G
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SEXUAL [VIOLENCE, DATING VIOLENCE,
DOMESTIC VIOLENCE AND STALKING EDUCATION,] MISCONDUCT
PREVENTION AND RESPONSE AT
INSTITUTIONS OF HIGHER EDUCATION
AND PRIVATE LICENSED SCHOOLS
Section 2. Section 2001-G of the act is amended to read:
Section 2001-G. Scope of article.
This article relates to college and university sexual
[violence, dating violence, domestic violence and stalking]
misconduct education, prevention and response.
Section 3. The definitions of "education program" and
"student" in section 2002-G are amended and the section is
amended by adding definitions to read:
Section 2002-G. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Education program." An evidence-based, trauma-informed
sexual [violence, dating violence, domestic violence and
stalking] misconduct prevention and awareness education program
under this article.
* * *
"Reporting party." A student or employee who reports having
experienced an incident of sexual misconduct to an institution
of higher education or private licensed school.
"Sex-based discrimination." Discrimination based on sex
stereotypes, sex characteristics, pregnancy or related
conditions, sexual orientation or gender identity.
"Sexual exploitation." Actual or simulated sexual activity
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or nudity arranged for the purpose of sexual stimulation or
gratification of an individual.
"Sexual harassment." Unwelcome sex-based verbal or physical
conduct that interferes with, denies or limits an individual's
ability to participate in or benefit from the institution's or
school's educational programs and activities.
"Sexual misconduct." An incident of sex-based
discrimination, sexual harassment, sexual violence, dating
violence, domestic violence, sexual exploitation or stalking.
* * *
"Student." A person who is enrolled on [a full-time] at
least a half-time basis at an institution of higher education or
private licensed school.
"Title IX coordinator." An individual designated by an
institution of higher education or private licensed school to
ensure compliance with Title IX requirements under 20 U.S.C. Ch.
38 (relating to discrimination based on sex or blindness).
Section 4. Sections 2003-G(a), (b) and (c) and 2004-G of the
act are amended to read:
Section 2003-G. Education program.
(a) General rule.--Institutions of higher education and
private licensed schools shall establish and implement an
education program for all students and employees in accordance
with the following:
(1) In developing or implementing an education program,
institutions of higher education and private licensed schools
shall consult with [a]:
(i) Local law enforcement.
(ii) An institution's or school's title IX
coordinator.
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(iii) A local rape crisis center and domestic
violence program, as appropriate and if available.
(2) The educational program may not be on a platform
which allows for students or employees to click through
informational slides without demonstrating a comprehension of
the subject matter.
(3) The educational program shall be separate from
orientation for freshmen and transfer students.
(4) The department, in consultation with the
Pennsylvania Coalition Against Rape and the Pennsylvania
Coalition Against Domestic Violence, shall develop an online
clearinghouse of model education programs and other resources
to aid institutions of higher education and private licensed
schools in fulfilling this requirement.
(b) Requirements of educational program.-- Each education
program shall provide the following:
(1) A discussion of sexual [violence, dating violence,
domestic violence and stalking] misconduct.
(2) A discussion of consent, including an explanation
that the victim is not at fault.
(3) A discussion of drug and alcohol-facilitated sexual
violence.
(4) Information relating to risk education, bystander
intervention and personal protection.
(5) Information on where and how to get assistance,
including the importance of medical treatment and evidence
collection, and [how] options to report sexual [violence]
misconduct to campus authorities and local law
enforcement[.], including the effect of each option and
methods of reporting incidents of sexual misconduct
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confidentially and anonymously.
(6) The possibility of pregnancy and transmission of
sexual diseases.
(7) Introduction of members of the educational community
from:
(i) Campus police or security and local law
enforcement.
(ii) Campus health center, women's center and rape
crisis center.
(iii) Campus counseling service or any service
responsible for psychological counseling and student
affairs.
(iv) The confidential resource advisor designated
under section 2006-J.
(8) A promise of discretion and dignity.
(9) A promise of confidentiality for victims of sexual
[assault] misconduct to the extent allowable by law.
(10) Information regarding confidential resources and
services available for victims of sexual [violence, dating
violence, domestic violence and stalking] misconduct.
(11) Information on the institution of higher
education's or private licensed school's procedures for
resolving complaints of alleged sexual misconduct and the
range of sanctions or penalties that may be imposed on
students and employees found responsible for a violation.
(12) Information regarding how to implement supportive
measures for reporting parties.
(13) Opportunities for ongoing sexual misconduct
prevention and awareness training and programming.
[(b) (Reserved).]
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(c) Notification of rights, accommodations and protective
measures.--A concise notification of rights, accommodations and
protective measures shall be made available in writing and on
the institution of higher education's or private licensed
school's publicly accessible Internet website to students and
employees, including victims of [dating violence, domestic
violence, sexual violence and stalking] sexual misconduct,
regardless of where the incidences occurred, including
information regarding:
(1) Existing counseling, mental health, health care,
victim advocacy, legal assistance and other services
available for victims, both within the institution or school
and in the community.
(2) Available options and assistance regarding how to
report to the institution or school, report to law
enforcement, obtain protections from abuse and sexual
violence protection orders, file for crime victims'
compensation and assistance program and request protective
measures or changes to academic, living, transportation,
working situations or other educational activities.
* * *
Section 2004-G. Follow-up.
An institution of higher education and private licensed
school shall conduct at least one follow-up program for the
students in the education program. The follow-up program may
consist of the following:
(1) Lecturers and interactive learning programs relating
to sexual [violence, dating violence, domestic violence and
stalking] misconduct prevention and awareness.
(2) Institutional activities relating to sexual
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[violence, dating violence, domestic violence and stalking]
misconduct prevention and awareness.
(3) Videos and other educational materials relating to
sexual [violence, dating violence, domestic violence and
stalking] misconduct prevention and awareness.
Section 5. The act is amended by adding sections to read:
Section 2008-G. Staff training.
(a) Implementation training.--An individual who participates
in the implementation of an institution of higher education's or
private licensed school's disciplinary process, including
individuals responsible for resolving complaints of reported
incidents of sexual misconduct and individuals responsible for
conducting a meeting, hearing or other disciplinary proceeding
or informal resolution process shall have training or experience
in handling sexual misconduct complaints and the operations of
the institution's or school's disciplinary process. The training
shall include:
(1) Information on working with and interviewing victims
of sexual misconduct.
(2) Information on particular types of conduct that
constitute sexual misconduct, including dating violence,
domestic violence, sexual assault and stalking.
(3) Information on consent and the role drugs and
alcohol may have in an individual's ability to consent.
(4) The effects of trauma, including any neurobiological
impact on an individual.
(5) Ways to communicate sensitively and compassionately
with a reporting party, including an awareness of responding
to a reporting party with consideration of that party's
cultural background and providing services to or assisting in
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locating services for that party.
(6) Information regarding how sexual misconduct may
impact students with disabilities.
(b) Title IX coordinator and campus safety employees.--An
institution of higher education and private licensed school
shall ensure that the Title IX coordinator, each member of the
campus police force and all campus safety personnel employed by
the institution or school are educated in the awareness of
sexual misconduct and in trauma-informed responses.
Section 2009-G. Enforcement and penalties.
After reasonable notice, opportunity for a hearing and
determination that an institution of higher education or private
licensed school has violated or failed to carry out any
provision of this article or any rule adopted under this
article, the department may impose a penalty on the institution
or school for each violation not to exceed $150,000, which shall
be adjusted for inflation annually, or 1% of an institution's or
school's annual operating budget, whichever is lower. The
department shall use civil penalties to provide oversight and
enforcement of this article.
Section 6. Article XX-J heading of the act is amended to
read:
ARTICLE XX-J
POSTSECONDARY INSTITUTION SEXUAL [HARASSMENT AND SEXUAL
VIOLENCE] MISCONDUCT POLICY AND ONLINE REPORTING SYSTEM
Section 7. The definition of "postsecondary institution" in
section 2001-J of the act is amended and the section is amended
by adding definitions to read:
Section 2001-J. Definitions.
The following words and phrases when used in this article
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shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Base survey." A base set of common questions recommended by
the task force and approved by the department.
"Confidential resource advisor." An individual employed by
or contracted with a postsecondary institution to provide
trauma-informed support and resources to individuals affected by
sexual misconduct.
"Dating violence." As defined in section 1553(f).
"Department." The Department of Education of the
Commonwealth.
"Domestic violence." As defined in section 2333(e) of the
act of April 9, 1929 (P.L.177, No.175), known as The
Administrative Code of 1929.
"Domestic violence program." As defined in 23 Pa.C.S. § 6102
(relating to definitions).
* * *
"Postsecondary institution[."]" or "institution." An
institution located within this Commonwealth that is authorized
to grant an associate or higher academic degree.
"Rape crisis center." As defined in 42 Pa.C.S. § 5945.1
(relating to confidential communications with sexual assault
counselors).
"Reporting party." A student or employee who reports having
experienced an incident of sexual misconduct to a postsecondary
institution.
"Residential student." A student who resides on the campus
of a postsecondary institution during the academic year.
"Responding party." A student or employee who has been
accused of an alleged incident of sexual misconduct.
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"Sex-based discrimination." Discrimination based on sex
stereotypes, sex characteristics, pregnancy or related
conditions, sexual orientation and gender identity.
"Sexual exploitation." Actual or simulated sexual activity
or nudity arranged for the purpose of sexual stimulation or
gratification of an individual.
"Sexual harassment." Unwelcome sex-based verbal or physical
conduct that interferes with, denies or limits an individual's
ability to participate in or benefit from the postsecondary
institution's educational programs and activities.
"Sexual misconduct." An incident of sex-based
discrimination, sexual harassment, sexual violence, dating
violence, domestic violence, sexual exploitation or stalking.
"Sexual violence." An act of sexual violence as defined
under 42 Pa.C.S. § 6402 (relating to definitions).
"Stalking." An act of stalking as defined in 18 Pa.C.S.
§ 2709.1 (relating to stalking).
"Student." An individual who attends a postsecondary
institution, whether enrolled on a full-time, part-time, credit
or noncredit basis, including an individual who has taken a
leave of absence or who has withdrawn due to being a victim of
sexual misconduct.
"Task force." The Task Force on Postsecondary Sexual
Misconduct established under section 2005-J.
"Title IX coordinator." An individual designated by a
postsecondary institution to ensure compliance with Title IX
requirements under 20 U.S.C. Ch. 38 (relating to discrimination
based on sex or blindness).
"Trauma-informed response." A response involving an
understanding of the complexities of sexual misconduct through
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training centered on the neurobiological impact of trauma, the
influence of societal myths and stereotypes surrounding the
causes and impacts of trauma, understanding perpetrator
methodology and how to conduct an effective investigation.
Section 8. Sections 2002-J and 2003-J of the act are amended
to read:
Section 2002-J. Policy for postsecondary institution sexual
[harassment and sexual violence] misconduct.
(a) Adoption.--A postsecondary institution shall adopt a
clear, understandable written policy on sexual [harassment and
sexual violence] misconduct that informs victims of their rights
under Federal and State law, including the crime victims bill of
rights. The written policy shall be trauma-informed and
developed in coordination with the postsecondary institution's
Title IX coordinator and a local rape crisis center and domestic
violence program, as appropriate and if available. An
institution may consult with additional internal and external
entities, including institutional administrators, personnel
affiliated with on-campus and off-campus health care centers,
local confidential resource advisors, residence life staff,
students, law enforcement and the district attorney having
jurisdiction in the city or town where the institution's primary
campus is located. The written policy shall be developed in a
culturally competent manner in order to reflect the diverse
needs of all students. The written policy shall include:
(1) Procedures by which students and employees at the
postsecondary institution may report or disclose alleged
incidents of sexual misconduct regardless of where the
incident occurred.
(2) Information on where to receive emergency assistance
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following an alleged incident of sexual misconduct,
including:
(i) The name and location of the nearest medical
facility where an individual may request that a medical
forensic exam be administered by a trained sexual
violence forensic health care provider and information on
transportation options and reimbursement for travel
costs, if any.
(ii) The contact information for a rape crisis
center and a domestic violence center and a description
of the services provided by the centers.
(iii) The telephone number and website for a
national 24-hour hotline and any State or local resources
that provide information on sexual misconduct.
(iv) Information on programs that may provide
financial assistance to a student for the cost of
emergency medical assistance.
(v) An updated list of designated "responsible
employees" under Title IX and the obligations to ensure
transparency.
(3) Descriptions of and contact information for the
types of counseling, health, safety, academic and other
support services available within the local community or
region or through a rape crisis center or domestic violence
center.
(4) The name and contact information for organizations
that support students accused of sexual misconduct, which
shall include the name and contact information for a
confidential resource advisor.
(5) A description of the role of and services provided
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by the confidential resource advisor.
(6) The name and contact information of the
postsecondary institution's Title IX coordinator.
(7) The rights and obligations of students and employees
to:
(i) Notify or decline to notify law enforcement,
including campus, local and State police, of an alleged
incident of sexual misconduct.
(ii) Receive assistance from campus authorities with
making a notification of an alleged incident of sexual
misconduct.
(iii) Obtain a court- or institution-issued
protective order against a responding party of an alleged
incident of sexual misconduct.
(8) The process for requesting supportive measures
reasonably available from the postsecondary institution,
which shall include:
(i) Options for changing academic, living, campus
transportation or working arrangements, or taking a leave
of absence in response to an alleged incident of sexual
misconduct.
(ii) Information on how to request supportive
measures listed under subparagraph (i).
(iii) The process to have supportive measures
reviewed.
(9) The contact information for the closest law
enforcement agencies with jurisdiction over matters involving
sexual misconduct and the:
(i) Procedures for students to notify the
postsecondary institution that a protective order has
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been issued under Federal or State law.
(ii) Postsecondary institution's responsibilities
upon receipt of notice under subparagraph (i).
(10) A summary of the postsecondary institution's
procedures for investigating, adjudicating and resolving
complaints of alleged sexual misconduct, including an
explanation of all procedures which shall be followed to
obtain investigatory reports and gather evidence, an
explanation of potential sanctions which may be imposed and
clear statements advising students that:
(i) The process shall be uniformly applied for all
disciplinary proceedings relating to any allegations of
sexual misconduct.
(ii) Timely and detailed notice shall be given if
the postsecondary institution decides to proceed with an
institutional disciplinary process to the reporting party
and the responding party which shall describe the date,
time and location, if known, and a summary of the factual
allegations concerning the violation.
(iii) A postsecondary institution shall provide both
the reporting party and the responding party with written
notice in advance of a disciplinary hearing to provide
both parties with the opportunity to meaningfully
exercise their rights to a proceeding that is prompt,
fair and impartial, which shall include the opportunity
for both parties to present witnesses and other evidence,
and any other due process rights afforded under
institutional policy. The written notice shall include
the information required to be posted on the
postsecondary institution's publicly accessible Internet
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website under this article.
(iv) The reporting party and the responding party of
an alleged incident of sexual misconduct may be
accompanied by an advisor and support person of their
choice, which may include an advocate and counsel, to
meet with the investigator of the postsecondary
institution or other fact finder, and may consult with an
advisor and support person, which may include an advocate
and counsel, during any meetings and disciplinary
proceedings. The institution may establish rules
regarding how the proceedings will be conducted,
including guidelines on the extent to which an advisor or
support person for a reporting party or responding party
may participate in a meeting or disciplinary proceeding
and any limitations on participation which shall apply
equally to both parties. The postsecondary institution
shall adopt reasonable measures to provide for the
involvement of an advisor and support person for each
party, but the availability of an advisor or support
person shall not significantly delay a meeting or
disciplinary proceeding.
(v) The reporting party and the responding party
shall be provided with a copy of the institution's
policies regarding the submission and consideration of
evidence that may be used during a disciplinary
proceeding and shall have equal opportunity to present
evidence and witnesses on their behalf during a
disciplinary proceeding. Each party shall be provided
with an equal opportunity to inspect and review all
relevant evidence that shall be relied on in the
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determination of discipline before a determination is
made.
(vi) There shall be restrictions on evidence
considered by a fact finder, including the use of
evidence of prior sexual activity or character witnesses.
(vii) The investigation and adjudication of alleged
sexual misconduct is not an adversarial process between
the reporting party, the responding party and the
witnesses, but rather a process for postsecondary
institutions to comply with their obligations under
existing law. The reporting party does not have the
burden to prove, nor does the responding party have the
burden to disprove, the underlying allegation or
allegations of sexual misconduct.
(viii) The reporting party and the responding party
shall be informed in writing of the results of a
disciplinary proceeding not later than seven business
days after a final determination of a complaint, not
including any time for appeal, unless good cause for
additional time is shown. The reporting party and the
responding party shall be informed of any process for
appealing the decision.
(ix) A postsecondary institution shall offer an
appeal as a result of procedural errors, previously
unavailable relevant evidence that could significantly
impact the outcome of a case, conflict of interest or
bias and where the sanction is disproportionate to the
findings, the reporting party and the responding party
shall be provided with an equal opportunity to appeal
decisions regarding responsibility or sanctions.
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(x) A postsecondary institution shall not disclose
the identity of the reporting party or the responding
party, except as necessary to carry out a disciplinary
process or as permitted under Federal or State law and
shall not share information which identifies domicile,
the location of employment or phone, email or other
contact information or information that may disclose the
location of either party to the adverse party, unless the
information provided is intended to ensure the safety of
either party.
(xi) The postsecondary institution's disciplinary
proceedings may not serve as a substitute for the
criminal legal process.
(11) A summary of the postsecondary institution's
employee disciplinary process as it pertains to sexual
misconduct.
(12) The range of sanctions or penalties the
postsecondary institution may impose on students and
employees found responsible for a violation of the applicable
institutional policy prohibiting acts of sexual misconduct.
(a.1) Review.--A postsecondary institution shall provide
draft policies and substantive changes by electronic or regular
mail to internal and external entities, with instructions on how
to comment and a reasonable length of time in which comments
shall be accepted. Once an institution has adopted a written
policy as required under subsection (a), the opportunity for
review and comment by internal and external entities shall only
apply to substantive changes to that policy.
(b) Report.--The sexual [harassment and sexual violence]
misconduct policy under subsection (a) shall include a provision
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that a witness or victim of an incident of sexual [harassment or
sexual violence] misconduct who reports the incident in good
faith will not be sanctioned by the institution for admitting in
the report to a violation of the institution's student conduct
policy on the personal use of drugs or alcohol.
(c) Model policy.--The [Department of Education] department
shall develop a model policy that, at a minimum, includes the
requirements under subsection (a) and make the model policy
available to postsecondary institutions. A postsecondary
institution may adopt the model policy as the policy of the
institution on sexual [harassment and sexual violence]
misconduct.
(d) Availability of policy.--A postsecondary institution
shall make the written policy adopted under subsection (a)
publicly available on campus in locations where students
regularly congregate, including dining and recreational
facilities, libraries, bookstores, student unions and student
centers, and the common areas of dormitories and other student
housing locations. Upon request, the institution shall make the
policy available to an applicant, student or employee of the
institution. The policy shall be made easily available on the
institution's publicly accessible Internet website in an
accessible format not later than the first week of classes in
each academic year. The institution shall update the website
containing the written policy on sexual misconduct on an annual
basis.
Section 2003-J. Online reporting system.
(a) Establishment of online reporting system.--A
postsecondary institution shall establish and maintain an online
reporting system to receive complaints of sexual [harassment and
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sexual violence] misconduct from students and employees. A
report shall be investigated through the process established in
the postsecondary institution's sexual [harassment and sexual
violence] misconduct policy. A postsecondary institution may not
fail or refuse to investigate an anonymous report because it is
anonymous.
(b) Anonymous reports.--The online reporting system shall
permit anonymous reports, which shall be investigated in
accordance with subsection (a).
(c) Required information.--A postsecondary institution shall
provide students and employees making reports under this section
with the following:
(1) Information regarding who will receive and have
access to the reports filed.
(2) How information gathered through the online
reporting system will be used.
(3) Contact information for on-campus and off-campus
organizations serving victims of sexual [harassment and
sexual violence] misconduct.
(d) Statement.--The online reporting system shall
prominently post the online system's policy regarding reports
and investigations of sexual [harassment and sexual violence]
misconduct and shall encourage individuals to review the policy
for more information about procedures and resources.
(e) Access to data.--A postsecondary institution shall limit
access to the data collected, created or maintained under
subsection (a) to only the data subject and as follows:
(1) Only individuals with explicit authorization from a
postsecondary institution may enter, update, access, share or
disseminate electronic data related to an incident of sexual
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[harassment or sexual violence] misconduct collected, created
or maintained under this section.
(2) The ability of an authorized individual to enter,
update, access, share or disseminate data must be limited
through the use of role-based access that corresponds to the
official duties or training level of the individual and the
institutional authorization that grants access for that
purpose.
(3) Actions in which the data related to an incident of
sexual [harassment or sexual violence] misconduct are
entered, updated, accessed, shared or disseminated outside
the postsecondary institution must be recorded in a data
audit trail.
(4) An institution shall immediately and permanently
revoke the authorization of an individual determined to have
willfully entered, updated, accessed, shared or disseminated
data in violation of this section.
(5) An institution or individual implementing, operating
or working for the program may not be compelled to produce a
record except pursuant to a court order.
Section 9. The act is amended by adding sections to read:
Section 2004-J. Sexual misconduct climate surveys.
(a) Biennial survey.--A postsecondary institution shall
biennially conduct a sexual misconduct climate survey of all
students attending the postsecondary institution, which shall
include, at minimum, all of the questions included in the base
survey developed by the task force and approved by the
department. The department shall provide a copy of the base
survey to each institution biennially. An institution may append
campus-specific questions to the base survey, provided that the
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questions do not require the disclosure of any personally
identifying information and are trauma-informed.
(b) Requirements.--A sexual misconduct climate survey
conducted by a postsecondary institution shall:
(1) Collect anonymous responses.
(2) Include a "decline to state" and "not applicable"
option for each question.
(3) Be offered to all students, including those who are
on leave or who are studying abroad.
(4) Be administered in a manner to ensure that, to the
greatest extent possible, an adequate, random and
representative sample size of students complete the survey.
(5) Be administered online.
(6) Be provided with accommodations to individuals with
disabilities.
(c) Public information.--Within 120 days after completion of
a sexual misconduct climate survey, a postsecondary institution
shall:
(1) Submit a summary of the results of the sexual
misconduct climate survey to the department.
(2) Publish each of the following on the institution's
publicly accessible Internet website in a manner that does
not personally identify any student:
(i) The summary of the results of the sexual
misconduct climate survey conducted under subsection (a).
(ii) The annual security report completed in
compliance with 20 U.S.C. § 1092(f) (relating to
institutional and financial assistance information for
students).
(iii) A link to the department's Statewide sexual
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misconduct climate survey data repository created under
subsection (d).
(d) Data repository.--The department shall establish a data
repository for all summaries of sexual misconduct climate
surveys submitted by postsecondary institutions to the
department. The department shall ensure that the sexual
misconduct survey data is anonymized, aggregated and made
available to the public in an easily accessible manner on the
department's publicly accessible Internet website.
(e) Rules and procedures.--In consultation with the task
force, the department shall adopt rules and procedures,
including deadlines for dissemination and collection of sexual
misconduct climate survey information consistent across
postsecondary institutions and consistent with the purposes of
this article, and shall promote the effective solicitation to
achieve the highest practical response rate, collection and
publication of statistical information gathered from
postsecondary institutions.
Section 2005-J. Task Force on Postsecondary Sexual Misconduct.
(a) Establishment.--The Task Force on Postsecondary Sexual
Misconduct is established and shall consist of the following
members:
(1) The Secretary of Education or a designee.
(2) The Chancellor of the State System of Higher
Education or a designee.
(3) The Attorney General or a designee.
(4) The following appointed by the Secretary of
Education:
(i) An individual who represents this Commonwealth's
postsecondary institutions.
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(ii) An individual who represents community
colleges.
(iii) A Title IX coordinator from a four-year
postsecondary institution.
(iv) A representative from the Pennsylvania
Coalition Against Rape or a designee.
(v) A representative from the Pennsylvania Coalition
Against Domestic Violence or a designee.
(vi) A representative from the Every Voice Coalition
or a designee.
(vii) A researcher with experience in the
development and design of sexual misconduct climate
surveys.
(viii) A researcher of statistics, data analytics or
econometrics with experience in higher education survey
analysis.
(ix) A medical professional from a postsecondary
institution health services program.
(x) Two students representing an advocacy related
group or organization from a public postsecondary
institution in this Commonwealth.
(xi) Two students representing an advocacy related
group or organization from a community college in this
Commonwealth.
(b) Terms of membership.--
(1) Membership on the task force shall be reflective of
the fields of public health, survey design, Title IX, sexual
misconduct response and prevention and the vast geographic
makeup of this Commonwealth. Preference shall be given to
individuals with a background, education and experience in
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the fields of public health, survey design or Title IX
requirements under 20 U.S.C. Ch. 38 (relating to
discrimination based on sex or blindness) .
(2) Appointed members of the task force shall serve for
two-year terms which shall commence on the date of
appointment.
(3) Members shall continue to serve until member's
successors are appointed.
(4) Any vacancy of the task force shall be filled by the
Secretary of Education.
(5) Any vacancy occurring other than by expiration of
term shall be filled for the balance of the unexpired term.
(c) Quorum.--A majority of the task force shall constitute a
quorum for the transaction of any business.
(d) Compensation.--The members of the task force shall serve
without compensation, but shall, within the limits of available
money, be reimbursed for expenses necessarily incurred in the
performance of their duties.
(e) Development of base survey.--The task force shall
develop the base survey for distribution to postsecondary
institutions and provide institutions with any related
recommendations regarding the content, timing and application of
the sexual misconduct climate survey. The task force may make
recommendations on legislative and policy actions or on
enforcing and carrying out the provisions of this article and
may undertake research, development and program initiatives
consistent with this article. Subcommittees of the task force
may meet as necessary. The task force shall deliver its base
survey and related recommendations, including recommendations on
achieving statistically valid response rates to each
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postsecondary institution no less than every two years and for
the first time within a year of the effective date of this
section.
(f) Duties.--In developing the base survey, the task force
shall:
(1) Utilize best practices from peer-reviewed research
and consult with individuals with expertise in the
development and use of sexual misconduct climate surveys by
postsecondary institutions.
(2) Review sexual misconduct climate surveys which have
been developed and previously utilized by postsecondary
institutions in this Commonwealth and by other states that
mandate campus climate surveys.
(3) Provide opportunities for written comment from
organizations that work directly with victims and survivors
of sexual misconduct to ensure the adequacy and
appropriateness of the proposed content.
(4) Consult with postsecondary institutions on
strategies for optimizing the effectiveness of the survey.
(5) Account for the diverse needs and differences of
this Commonwealth's postsecondary institutions.
(g) Topics.--The base survey shall gather information on
topics, including:
(1) The number and type of incidents, both reported and
unreported, of sexual misconduct at the postsecondary
institution.
(2) When and where incidents of sexual misconduct
occurred, such as on campus, off campus, abroad or online.
(3) Whether the sexual misconduct was perpetrated by a
student, faculty or staff member, third-party vendor or other
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individual.
(4) Student awareness of institutional policies and
procedures related to campus sexual misconduct and awareness
of on-campus and off-campus sexual misconduct support
resources.
(5) Whether a student reported sexual misconduct, and if
so, to which campus resource or law enforcement agency, and,
if not, the reason for the student's decision not to report.
(6) Whether a student disclosed sexual misconduct to a
friend or peer, family member, school faculty or staff
member, a campus resource or a law enforcement official.
(7) If a student reported sexual misconduct, whether the
student was informed of or referred to State, local, campus
or other resources or victim support services, including
appropriate medical care and legal services.
(8) If a student reported sexual misconduct, whether the
student was provided protection from retaliation, access to
school-based supportive measures or institution-based
accommodations and criminal justice remedies.
(9) If a student experienced sexual misconduct,
contextual factors, such as the involvement of force,
incapacitation or coercion.
(10) Perceptions of campus safety among members of the
campus community and confidence in the postsecondary
institution's ability to protect against and respond to
incidents of sexual misconduct.
(11) Whether the student has decided to withdraw or take
a leave of absence from the institution or considered
transferring to another institution or withdrawing from the
institution due to either being the reporting party or
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responding party in an allegation of sexual misconduct.
(12) Whether the student has withdrawn from any classes
or been placed on academic probation as a result of sexual
misconduct.
(13) Whether the student experienced any financial
impacts from sexual misconduct or the institution's response
to the sexual misconduct.
(14) Whether the student experienced any negative health
impacts from sexual misconduct or the institution's response
to a report, including post-traumatic stress disorder,
anxiety, depression, chronic pain or an eating disorder.
(15) Community attitudes toward sexual misconduct,
including individuals' willingness to intervene as a
bystander.
(16) Other questions or topics determined by the task
force.
Section 2006-J. Confidential resource advisors.
(a) Requirement.--A postsecondary institution shall
designate at least one confidential resource advisor who shall:
(1) Not be a student, Title IX coordinator, official who
is an authorized administrator of disciplinary processes on
behalf of the institution or a member of campus police or law
enforcement.
(2) Not have any other job responsibilities that may
create a conflict of interest, including a general counsel,
director of athletics, dean of students or any employee who
serves on the judicial or hearing board or to whom an appeal
may be made.
(3) Be appointed based on the individual's experience
and demonstrated ability to effectively provide victim
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services related to sexual misconduct.
(4) Notify all institution staff who are involved in
providing or enforcing supportive measures or accommodations
of their duties in writing.
(b) Services.--A postsecondary institution may partner with
a Statewide or local rape crisis center to provide a
confidential resource advisor under this section. An institution
that enrolls fewer than 1,000 residential students may partner
with another postsecondary institution or rape crisis center or
domestic violence center within this Commonwealth to provide the
services required under this section. An institution shall
ensure that any partnership entered into under this subsection
results in a confidential resource advisor being available to
students or employees within a reasonable distance from the
institution and any services being administered for free. The
confidential resource advisor shall maintain a physical presence
on campus that provides the confidential resource advisor a
place to meet discreetly and privately with students and
employees in-person or remotely.
(c) Training.--The confidential resource advisor shall
receive training in the awareness and prevention of sexual
misconduct, Title IX policies, postsecondary institution
policies and in trauma-informed response, and shall coordinate
with on-campus and off-campus rape crisis centers and domestic
violence centers within a reasonable time after being designated
as a confidential resource advisor. The department shall
establish guidelines regarding the requirements of the training
required under this subsection.
(d) Information and resources.--The confidential resource
advisor shall inform students or employees, or provide materials
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about how to obtain, including in written format:
(1) Options to report sexual misconduct and the
processes of each option.
(2) Counseling services available on campus and through
local rape crisis centers or domestic violence centers.
(3) Medical and health services available on campus and
off campus.
(4) Campus escort services for student or employee
security.
(5) Available academic and residence life
accommodations.
(6) Student loan counseling regarding loan deferment,
forbearance or other student loan programs for students
considering temporary or permanent withdrawal or part-time
enrollment.
(7) Opportunities to obtain waivers for school-sponsored
programs and activities as provided under section 2007-J.
(8) The investigative, disciplinary and nondisciplinary
processes of the postsecondary institution to address sexual
misconduct.
(9) The legal process carried out through Federal, State
and local law enforcement agencies.
(10) That the postsecondary institution's disciplinary
process is not to be considered a substitute for the criminal
legal process.
(11) Any limits on the ability of the confidential
resource advisor to provide privacy or confidentiality to the
student.
(e) Coordination of services.--If requested by a student or
employee, the confidential resource advisor, using only the
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requesting student or employee's identifying information, shall
coordinate with the appropriate institutional personnel to
arrange the following possible school-provided supportive
measures, including those available through the memorandums of
understanding with rape crisis centers:
(1) Changes in academic, dining, housing or
transportation services or on-campus employment.
(2) Access to counseling and other mental health
services.
(3) Excused absences, academic counseling and tutoring.
(4) Academic coursework accommodations.
(5) Financial resources, including accommodations
available under section 2007-J.
(f) Alternative measures.--The supportive measures under
subsection (e) may also be obtained, when appropriate, through
disability services and the Title IX coordinator.
(g) Report of sexual misconduct.--The confidential resource
advisor may, if appropriate and if directed by the reporting
party, assist the reporting party in contacting campus or local
law enforcement agencies to make a report of sexual misconduct.
The confidential resource advisor may attend an administrative
or institution-based adjudication proceeding as the advisor or
support person of the student or employee's choice. The
confidential resource advisor shall:
(1) Notify the student or employee of their rights and
the postsecondary institution's responsibilities regarding
protection orders, no contact orders and any other lawful
orders issued by the postsecondary institution or by a
criminal, civil or tribal court.
(2) Provide confidential services to students and
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employees.
(3) Be considered a sexual assault counselor as defined
in 42 Pa.C.S. § 5945.1(a) (relating to confidential
communications with sexual assault counselors).
(h) Prohibition.--The confidential resource advisor may not:
(1) Be required to report an incident to the
postsecondary institution or a law enforcement agency unless
otherwise required to do so by Federal or State law.
(2) Disclose confidential information, including name,
contact information, information on the alleged sexual
misconduct or any personally identifying information without
the prior written consent of the student or employee who
shared the information.
(3) Provide simultaneous services to the reporting party
and the responding party of an alleged incident of sexual
misconduct.
(i) Cross examination.--Nothing in this section shall be
construed to limit the reporting party's and responding party's
right of cross examination of the confidential resource advisor
in a civil or criminal proceeding if the confidential resource
advisor testifies after written consent has been given.
(j) Actual or constructive notice.--Notice to a confidential
resource advisor of an alleged act of sexual misconduct or a
confidential resource advisor's performance of service under
this article shall not be considered actual or constructive
notice of an alleged act of sexual misconduct to the
postsecondary institution at which the confidential resource
advisor is employed or provides contracted services.
(k) Conflict of interest.--If a conflict of interest arises
for a postsecondary institution in which a confidential resource
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advisor is advocating for a reporting party's need for sexual
misconduct crisis services on campus or law enforcement
services, the institution shall not discipline, penalize or
otherwise retaliate against the confidential resource advisor
for representing the interest of the reporting party.
Section 2007-J. Waivers for student victims.
(a) Waiver of minimum requirements.--A postsecondary
institution shall waive any minimum grade point average, credit
or other academic or disciplinary record requirement to be
eligible for any school-sponsored program or activity, including
scholarships and grants, for any student applicant or
participant who has experienced sexual misconduct.
(b) Who may issue waiver.--A waiver under subsection (a) may
be obtained from a certified third party, including a
confidential resource advisor, Title IX coordinator, law
enforcement, academic advisors or disability resource center
personnel.
(c) Confidentiality.--Confidentiality related to a waiver
under subsection (a) and related personally identifying
information shall be maintained unless disclosure is
specifically required for the purposes of executing an
accommodation.
(d) Withdrawal.--If a student withdraws from a class or a
postsecondary institution as a result of being a victim of
sexual misconduct, the postsecondary institution shall provide
tuition credit, opportunities to withdraw or reenroll in a
course without academic or financial penalty and continued
eligibility for scholarships and honors.
Section 2008-J. Data reporting requirements.
(a) Report.--By October 1, 2026, and each year thereafter, a
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postsecondary institution shall report the following information
to the department, the Department of Health, the Department of
Human Services, the chair and minority chair of the Education
Committee of the Senate and the chair and minority chair of the
Education Committee of the House of Representatives:
(1) The total number of allegations of dating violence,
domestic violence, sexual assault and stalking reported to
the postsecondary institution's Title IX coordinator by a
student or employee of the institution against another
student or employee of the institution.
(2) The number of law enforcement investigations
initiated in response to complaints of sexual misconduct
brought forward by students and employees of a postsecondary
institution against another student or employee of the
institution, if known.
(3) The number of students and employees found
responsible for violating the institution's policies
prohibiting sexual misconduct and, of that number, how many
individuals faced academic or employment disciplinary action.
(4) The number of students and employees found not
responsible for violating the institution's policies
prohibiting sexual misconduct.
(5) The number of disciplinary actions imposed by the
institution as a result of a finding of responsibility for
violating the institution's policies prohibiting sexual
misconduct.
(6) The number of students who requested accommodations
and the number of accommodations that were granted under this
article.
(7) The number of students who reported an incident of
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sexual misconduct and then took a leave of absence,
transferred or withdrew from the institution.
(b) Confidentiality.--The report prepared by a postsecondary
institution under subsection (a) shall provide information in an
anonymous manner that complies with Federal and State privacy
laws.
Section 2009-J. Enforcement and penalties.
After reasonable notice, opportunity for a hearing and
determination that an institution of higher education or private
licensed school has violated or failed to carry out any
provision of this article or any rule adopted under this
article, the department may impose a penalty on the institution
for each violation not to exceed $150,000, which shall be
adjusted for inflation annually, or 1% of an institution's
annual operating budget, whichever is lower. The department
shall use civil penalties to provide oversight and enforcement
of this article.
Section 10. This act shall take effect in 60 days.
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