Collapse to view only § 1161l. Student safety and campus emergency management
- § 1161l. Student safety and campus emergency management
- § 1161l-1. Model emergency response policies, procedures, and practices
- § 1161l-2. Preparation for future disasters plan by the Secretary
- § 1161l-3. Education Disaster and Emergency Relief Loan Program
- § 1161l-4. Guidance on mental health disclosures for student safety
- § 1161l-5. Rule of construction
- § 1161l-6. Online survey tool for campus safety
§ 1161l. Student safety and campus emergency management
(a) Grants authorized
(1) In general
(2) Consultation with the Attorney General and the Secretary of Homeland Security
(3) Duration
(4) Limitation on institutions and consortia
(b) Federal share; non-Federal share
(1) In general
(2) Non-Federal share
(c) Authorized activitiesEach institution of higher education or consortium receiving a grant under this section may use the grant funds to carry out one or more of the following:
(1) Developing and implementing a state-of-the-art emergency communications system for each campus of an institution of higher education or consortium, in order to contact students via cellular, text message, or other state-of-the-art communications methods when a significant emergency or dangerous situation occurs. An institution or consortium using grant funds to carry out this paragraph shall also, in coordination with the appropriate State and local emergency management authorities—
(A) develop procedures that students, employees, and others on a campus of an institution of higher education or consortium will be directed to follow in the event of a significant emergency or dangerous situation; and
(B) develop procedures the institution of higher education or consortium shall follow to inform, in a reasonable and timely manner, students, employees, and others on a campus in the event of a significant emergency or dangerous situation, which procedures shall include the emergency communications system described in this paragraph.
(2) Supporting measures to improve safety at the institution of higher education or consortium, such as—
(A) security assessments;
(B) security training of personnel and students at the institution of higher education or consortium;
(C) where appropriate, coordination of campus preparedness and response efforts with local law enforcement, local emergency management authorities, and other agencies, to improve coordinated responses in emergencies among such entities;
(D) establishing a hotline that allows a student or staff member at an institution or consortium to report another student or staff member at the institution or consortium who the reporting student or staff member believes may be a danger to the reported student or staff member or to others; and
(E) acquisition and installation of access control, video surveillance, intrusion detection, and perimeter security technologies and systems.
(3) Coordinating with appropriate local entities for the provision of mental health services for students and staff of the institution of higher education or consortium, including mental health crisis response and intervention services for students and staff affected by a campus or community emergency.
(d) Application
(e) Technical assistance
(f) Authorization of appropriations
(Pub. L. 89–329, title VIII, § 821, as added Pub. L. 110–315, title VIII, § 801, Aug. 14, 2008, 122 Stat. 3408; amended Pub. L. 111–39, title VIII, § 801(6), July 1, 2009, 123 Stat. 1956.)
§ 1161l–1. Model emergency response policies, procedures, and practices
The Secretary, in consultation with the Attorney General and the Secretary of Homeland Security, shall continue to—
(1) advise institutions of higher education on model emergency response policies, procedures, and practices; and
(2) disseminate information concerning those policies, procedures, and practices.
(Pub. L. 89–329, title VIII, § 822, as added Pub. L. 110–315, title VIII, § 801, Aug. 14, 2008, 122 Stat. 3410.)
§ 1161l–2. Preparation for future disasters plan by the Secretary
The Secretary shall continue to coordinate with the Secretary of Homeland Security and other appropriate agencies to develop and maintain procedures to address the preparedness, response, and recovery needs of institutions of higher education in the event of a natural or manmade disaster with respect to which the President has declared a major disaster or emergency (as such terms are defined in section 1161l–3 of this title).
(Pub. L. 89–329, title VIII, § 823, as added Pub. L. 110–315, title VIII, § 801, Aug. 14, 2008, 122 Stat. 3410.)
§ 1161l–3. Education Disaster and Emergency Relief Loan Program
(a) Program authorized
(b) Use of assistance
(c) Application requirementsTo be considered for a loan under this section, an institution of higher education shall—
(1) submit a financial statement and other appropriate data, documentation, or evidence requested by the Secretary that indicates that the institution incurred losses resulting from the impact of a major disaster or emergency declared by the President, and the monetary amount of such losses;
(2) demonstrate that the institution had appropriate insurance policies prior to the major disaster or emergency and filed claims, as appropriate, related to the major disaster or emergency; and
(3) demonstrate that the institution attempted to minimize the cost of any losses by pursuing collateral source compensation from the Federal Emergency Management Agency prior to seeking a loan under this section, except that an institution of higher education shall not be required to receive collateral source compensation from the Federal Emergency Management Agency prior to being eligible for a loan under this section.
(d) Audit
(e) Reduction in loan amounts
(f) Establishment of loan programPrior to disbursing any loans under this section, the Secretary shall prescribe regulations that establish the Education Disaster and Emergency Relief Loan Program, including—
(1) terms for the loan program;
(2) procedures for an application for a loan;
(3) minimum requirements for the loan program and for receiving a loan, including—
(A) online forms to be used in submitting a request for a loan;
(B) information to be included in such forms; and
(C) procedures to assist in filing and pursuing a loan; and
(4) any other terms and conditions the Secretary may prescribe after taking into consideration the structure of other existing capital financing loan programs under this chapter.
(g) DefinitionsIn this section:
(1) Institution affected by a Gulf hurricane disasterThe term “institution affected by a Gulf hurricane disaster” means an institution of higher education that—
(A) is located in an area affected by a Gulf hurricane disaster; and
(B) is able to demonstrate that the institution—
(i) incurred physical damage resulting from the impact of a Gulf hurricane disaster; and
(ii) was not able to fully reopen in existing facilities or to fully reopen to the pre-hurricane levels for 30 days or more on or after August 29, 2005.
(2) Area affected by a Gulf hurricane disaster; Gulf hurricane disaster
(3) Emergency
(4) Institutions of higher education
(5) Major disaster
(h) Effective date
(i) Authorization of appropriations
(Pub. L. 89–329, title VIII, § 824, as added Pub. L. 110–315, title VIII, § 801, Aug. 14, 2008, 122 Stat. 3410; amended Pub. L. 111–39, title VIII, § 801(7), July 1, 2009, 123 Stat. 1956.)
§ 1161l–4. Guidance on mental health disclosures for student safety
(a) Guidance
(b) Information to Congress
(Pub. L. 89–329, title VIII, § 825, as added Pub. L. 110–315, title VIII, § 801, Aug. 14, 2008, 122 Stat. 3412; amended Pub. L. 111–39, title VIII, § 801(8), July 1, 2009, 123 Stat. 1956.)
§ 1161l–5. Rule of construction
Nothing in this part shall be construed—
(1) to provide a private right of action to any person to enforce any provision of this section;
(2) to create a cause of action against any institution of higher education or any employee of the institution for any civil liability; or
(3) to affect section 1232g of this title (commonly known as the “Family Educational Rights and Privacy Act of 1974”) or the regulations issued under section 264 of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d–2 note).
(Pub. L. 89–329, title VIII, § 826, as added Pub. L. 110–315, title VIII, § 801, Aug. 14, 2008, 122 Stat. 3412; amended Pub. L. 111–39, title VIII, § 801(9), July 1, 2009, 123 Stat. 1956.)
§ 1161l–6. Online survey tool for campus safety
(a) In general
(b) Development of survey toolIn developing the survey tool required under subsection (a), the Secretary of Education shall—
(1) use best practices from peer-reviewed research measuring domestic violence, dating violence, sexual assault, sexual harassment, and stalking;
(2) consult with the higher education community, experts in survey research related to domestic violence, dating violence, sexual assault, sexual harassment, and stalking, and organizations engaged in the prevention of and response to, and advocacy on behalf of victims of, domestic violence, dating violence, sexual assault, sexual harassment, and stalking, including victims from culturally specific populations and victims with disabilities, regarding the development and design of such survey tool and the methodology for administration of such survey tool; and
(3) ensure that the survey tool is readily accessible to and usable by individuals with disabilities.
(c) Elements
(1) In general
(2) Survey questionsSurvey questions included in the survey tool developed pursuant to this section shall—
(A) be designed to gather information on student experiences with domestic violence, dating violence, sexual assault, sexual harassment, and stalking, including the experiences of victims of such incidents;
(B) use trauma-informed language to prevent re-traumatization; and
(C) include—
(i) questions that give students the option to report their demographic information;
(ii) questions designed to determine the incidence and prevalence of domestic violence, dating violence, sexual assault, sexual harassment, and stalking;
(iii) questions regarding whether students know about institutional policies and procedures related to domestic violence, dating violence, sexual assault, sexual harassment, and stalking;
(iv) questions designed to determine, if victims reported domestic violence, dating violence, sexual assault, sexual harassment, or stalking—(I) to whom the incident was reported and what response the victim may have received;(II) whether the victim was informed of, or referred to, national, State, local, Tribal, or on-campus resources; and(III) whether the entity to whom the victim reported the incident conducted an investigation and the duration and final resolution of such an investigation;
(v) questions regarding contextual factors, such as whether force, incapacitation, or coercion was involved;
(vi) questions to determine whether an accused individual was a student at the institution;
(vii) questions to determine whether a victim reported an incident to Federal, State, local, Tribal, or campus law enforcement;
(viii) questions to determine why the victim chose to report or not report an incident to the institution or State, local, or campus law enforcement;
(ix) questions to determine the impact of domestic violence, dating violence, sexual assault, sexual harassment, and stalking on the victim’s education, including diminished grades, dropped classes, leaves of absence, and negative financial consequences (such as costs associated with loss in paid tuition due to leaves of absence, loss in scholarship awards due to diminished grades, loss of foreign-student visas, and costs associated with counseling, medical services, or housing changes);
(x) questions to determine the impact and effectiveness of prevention and awareness programs and complaints processes;
(xi) questions to determine attitudes toward sexual violence and harassment, including the willingness of individuals to intervene as a bystander to sex-based (including against lesbian, gay, bisexual, or transgender (commonly referred to as “LGBT”) individuals), race-based, national origin-based, and disability-based discrimination, harassment, assault, domestic violence, dating violence, sexual assault, sexual harassment, and stalking; and
(xii) other questions, as determined by the Secretary of Education.
(3) Additional elements
(4) ResponsesThe responses to the survey questions described in paragraph (2) shall—
(A) be submitted confidentially;
(B) not be included in crime statistics; and
(C) in the case of such responses being included in a report, not include personally identifiable information.
(d) Administration of survey
(1) Federal administrationThe Secretary of Education, in consultation with the Attorney General, the Director of the Centers for Disease Control and Prevention, and the Secretary of Health and Human Services, shall develop a mechanism by which institutions of higher education may, with respect to the survey tool developed pursuant to this section—
(A) administer such survey tool; and
(B) modify such survey tool to include additional elements or requirements, as determined by the institution, subject to the review and approval of the Secretary of Education.
(2) Costs
(3) Accessibility
(4) Institutional administration
(e) Completed surveys
(f) Report
(1) In generalBeginning not later than 2 years after March 15, 2022, the Secretary of Education shall—
(A) prepare a biennial report on the information gained from the standardized elements of the survey under this section and publish such report in an accessible format on the website of the Department of Education, including as part of any online consumer tool offered or supported by the Department of Education that provides information to students regarding specific postsecondary educational institutions, such as the College Scorecard or any successor or similar tool; and
(B) submit such report to Congress.
(2) Inclusions and exclusionsThe report required to be prepared under paragraph (1)—
(A) shall include campus-level data for each institution and attributed by name of each campus in a manner that permits comparisons across institutions and campuses; and
(B) shall not publish any individual survey responses.
(g) PublicationEach institution of higher education shall publish, in a manner that is readily accessible and usable by individuals, including individuals with disabilities—
(1) the campus-level results of the standardized elements of the survey under this section on the website of the institution and in the biennial report required under subsection (f) for the campuses affiliated with the institution; and
(2) the campus-level results of the additional elements modifying the survey by the institution, if any, on the website of the institution.
(Pub. L. 117–103, div. W, title XV, § 1507, Mar. 15, 2022, 136 Stat. 959.)