HB 1279 — 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
 1   Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
 2      act relating to the public school system, including certain
 3      provisions applicable as well to private and parochial
 4      schools; amending, revising, consolidating and changing the
 5      laws relating thereto," in sexual violence, dating violence,
 6      domestic violence and stalking education, prevention and
 7      response at institutions of higher education and private
 8      licensed schools, further providing for scope of article, for
 9      definitions, for education program and for follow-up and
10      providing for staff training and for enforcement and
11      penalties; in postsecondary institution sexual harassment and
12      sexual violence policy and online reporting system, further
13      providing for definitions, for policy for postsecondary
14      institution sexual harassment and sexual violence and for
15      online reporting system, providing for sexual misconduct
16      climate surveys, establishing the Task Force on Postsecondary
17      Sexual Misconduct and providing for confidential resource
18      advisors, for waivers for student victims, for data reporting
19      requirements and for enforcement and penalties; and making
20      editorial changes.
21      The General Assembly of the Commonwealth of Pennsylvania
22   hereby enacts as follows:
23      Section 1.    Article XX-G heading of the act of March 10, 1949
24   (P.L.30, No.14), known as the Public School Code of 1949, is
25   amended to read:
26                               ARTICLE XX-G
 1                     SEXUAL [VIOLENCE, DATING VIOLENCE,
 2        DOMESTIC VIOLENCE AND STALKING EDUCATION,] MISCONDUCT
 3                         PREVENTION AND RESPONSE AT
 4                      INSTITUTIONS OF HIGHER EDUCATION
 5                        AND PRIVATE LICENSED SCHOOLS
 6      Section 2.     Section 2001-G of the act is amended to read:
 7   Section 2001-G.    Scope of article.
 8      This article relates to college and university sexual
 9   [violence, dating violence, domestic violence and stalking]
10   misconduct education, prevention and response.
11      Section 3.     The definitions of "education program" and
12   "student" in section 2002-G are amended and the section is
13   amended by adding definitions to read:
14   Section 2002-G.    Definitions.
15      The following words and phrases when used in this article
16   shall have the meanings given to them in this section unless the
17   context clearly indicates otherwise:
18      * * *
19      "Education program."     An evidence-based, trauma-informed
20   sexual [violence, dating violence, domestic violence and
21   stalking] misconduct prevention and awareness education program
22   under this article.
23      * * *
24      "Reporting party."     A student or employee who reports having
25   experienced an incident of sexual misconduct to an institution
26   of higher education or private licensed school.
27      "Sex-based discrimination."       Discrimination based on sex
28   stereotypes, sex characteristics, pregnancy or related
29   conditions, sexual orientation or gender identity.
30      "Sexual exploitation."     Actual or simulated sexual activity

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 1   or nudity arranged for the purpose of sexual stimulation or
 2   gratification of an individual.
 3      "Sexual harassment."       Unwelcome sex-based verbal or physical
 4   conduct that interferes with, denies or limits an individual's
 5   ability to participate in or benefit from the institution's or
 6   school's educational programs and activities.
 7      "Sexual misconduct."       An incident of sex-based
 8   discrimination, sexual harassment, sexual violence, dating
 9   violence, domestic violence, sexual exploitation or stalking.
10      * * *
11      "Student."        A person who is enrolled on [a full-time] at
12   least a half-time basis at an institution of higher education or
13   private licensed school.
14      "Title IX coordinator."       An individual designated by an
15   institution of higher education or private licensed school to
16   ensure compliance with Title IX requirements under 20 U.S.C. Ch.
17   38 (relating to discrimination based on sex or blindness).
18      Section 4.        Sections 2003-G(a), (b) and (c) and 2004-G of the
19   act are amended to read:
20   Section 2003-G.       Education program.
21      (a)   General rule.--Institutions of higher education and
22   private licensed schools shall establish and implement an
23   education program for all students and employees in accordance
24   with the following:
25            (1)   In developing or implementing an education program,
26      institutions of higher education and private licensed schools
27      shall consult with [a]:
28                  (i)    Local law enforcement.
29                  (ii)    An institution's or school's title IX
30            coordinator.

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 1                  (iii)   A local rape crisis center and domestic
 2            violence program, as appropriate and if available.
 3            (2)   The educational program may not be on a platform
 4      which allows for students or employees to click through
 5      informational slides without demonstrating a comprehension of
 6      the subject matter.
 7            (3)   The educational program shall be separate from
 8      orientation for freshmen and transfer students.
 9            (4)   The department, in consultation with the
10      Pennsylvania Coalition Against Rape and the Pennsylvania
11      Coalition Against Domestic Violence, shall develop an online
12      clearinghouse of model education programs and other resources
13      to aid institutions of higher education and private licensed
14      schools in fulfilling this requirement.
15      (b)   Requirements of educational program.--Each education
16   program shall provide the following:
17            (1)   A discussion of sexual [violence, dating violence,
18      domestic violence and stalking] misconduct.
19            (2)   A discussion of consent, including an explanation
20      that the victim is not at fault.
21            (3)   A discussion of drug and alcohol-facilitated sexual
22      violence.
23            (4)   Information relating to risk education, bystander
24      intervention and personal protection.
25            (5)   Information on where and how to get assistance,
26      including the importance of medical treatment and evidence
27      collection, and [how] options to report sexual [violence]
28      misconduct to campus authorities and local law
29      enforcement[.], including the effect of each option and
30      methods of reporting incidents of sexual misconduct

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 1    confidentially and anonymously.
 2           (6)    The possibility of pregnancy and transmission of
 3    sexual diseases.
 4           (7)    Introduction of members of the educational community
 5    from:
 6                  (i)    Campus police or security and local law
 7           enforcement.
 8                  (ii)    Campus health center, women's center and rape
 9           crisis center.
10                  (iii)    Campus counseling service or any service
11           responsible for psychological counseling and student
12           affairs.
13                  (iv)    The confidential resource advisor designated
14           under section 2006-J.
15           (8)    A promise of discretion and dignity.
16           (9)    A promise of confidentiality for victims of sexual
17    [assault] misconduct to the extent allowable by law.
18           (10)    Information regarding confidential resources and
19    services available for victims of sexual [violence, dating
20    violence, domestic violence and stalking] misconduct.
21           (11)    Information on the institution of higher
22    education's or private licensed school's procedures for
23    resolving complaints of alleged sexual misconduct and the
24    range of sanctions or penalties that may be imposed on
25    students and employees found responsible for a violation.
26           (12)    Information regarding how to implement supportive
27    measures for reporting parties.
28           (13)    Opportunities for ongoing sexual misconduct
29    prevention and awareness training and programming.
30    [(b)    (Reserved).]

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 1      (c)   Notification of rights, accommodations and protective
 2   measures.--A concise notification of rights, accommodations and
 3   protective measures shall be made available in writing and on
 4   the institution of higher education's or private licensed
 5   school's publicly accessible Internet website to students and
 6   employees, including victims of [dating violence, domestic
 7   violence, sexual violence and stalking] sexual misconduct,
 8   regardless of where the incidences occurred, including
 9   information regarding:
10            (1)   Existing counseling, mental health, health care,
11      victim advocacy, legal assistance and other services
12      available for victims, both within the institution or school
13      and in the community.
14            (2)   Available options and assistance regarding how to
15      report to the institution or school, report to law
16      enforcement, obtain protections from abuse and sexual
17      violence protection orders, file for crime victims'
18      compensation and assistance program and request protective
19      measures or changes to academic, living, transportation,
20      working situations or other educational activities.
21      * * *
22   Section 2004-G.    Follow-up.
23      An institution of higher education and private licensed
24   school shall conduct at least one follow-up program for the
25   students in the education program. The follow-up program may
26   consist of the following:
27            (1)   Lecturers and interactive learning programs relating
28      to sexual [violence, dating violence, domestic violence and
29      stalking] misconduct prevention and awareness.
30            (2)   Institutional activities relating to sexual

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 1      [violence, dating violence, domestic violence and stalking]
 2      misconduct prevention and awareness.
 3            (3)   Videos and other educational materials relating to
 4      sexual [violence, dating violence, domestic violence and
 5      stalking] misconduct prevention and awareness.
 6      Section 5.     The act is amended by adding sections to read:
 7   Section 2008-G.    Staff training.
 8      (a)   Implementation training.--An individual who participates
 9   in the implementation of an institution of higher education's or
10   private licensed school's disciplinary process, including
11   individuals responsible for resolving complaints of reported
12   incidents of sexual misconduct and individuals responsible for
13   conducting a meeting, hearing or other disciplinary proceeding
14   or informal resolution process shall have training or experience
15   in handling sexual misconduct complaints and the operations of
16   the institution's or school's disciplinary process. The training
17   shall include:
18            (1)   Information on working with and interviewing victims
19      of sexual misconduct.
20            (2)   Information on particular types of conduct that
21      constitute sexual misconduct, including dating violence,
22      domestic violence, sexual assault and stalking.
23            (3)   Information on consent and the role drugs and
24      alcohol may have in an individual's ability to consent.
25            (4)   The effects of trauma, including any neurobiological
26      impact on an individual.
27            (5)   Ways to communicate sensitively and compassionately
28      with a reporting party, including an awareness of responding
29      to a reporting party with consideration of that party's
30      cultural background and providing services to or assisting in

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 1      locating services for that party.
 2            (6)   Information regarding how sexual misconduct may
 3      impact students with disabilities.
 4      (b)   Title IX coordinator and campus safety employees.--An
 5   institution of higher education and private licensed school
 6   shall ensure that the Title IX coordinator, each member of the
 7   campus police force and all campus safety personnel employed by
 8   the institution or school are educated in the awareness of
 9   sexual misconduct and in trauma-informed responses.
10   Section 2009-G.    Enforcement and penalties.
11      After reasonable notice, opportunity for a hearing and
12   determination that an institution of higher education or private
13   licensed school has violated or failed to carry out any
14   provision of this article or any rule adopted under this
15   article, the department may impose a penalty on the institution
16   or school for each violation not to exceed $150,000, which shall
17   be adjusted for inflation annually, or 1% of an institution's or
18   school's annual operating budget, whichever is lower. The
19   department shall use civil penalties to provide oversight and
20   enforcement of this article.
21      Section 6.     Article XX-J heading of the act is amended to
22   read:
23                                ARTICLE XX-J
24       POSTSECONDARY INSTITUTION SEXUAL [HARASSMENT AND SEXUAL
25       VIOLENCE] MISCONDUCT POLICY AND ONLINE REPORTING SYSTEM
26      Section 7.     The definition of "postsecondary institution" in
27   section 2001-J of the act is amended and the section is amended
28   by adding definitions to read:
29   Section 2001-J.    Definitions.
30      The following words and phrases when used in this article

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 1   shall have the meanings given to them in this section unless the
 2   context clearly indicates otherwise:
 3      "Base survey."    A base set of common questions recommended by
 4   the task force and approved by the department.
 5      "Confidential resource advisor."     An individual employed by
 6   or contracted with a postsecondary institution to provide
 7   trauma-informed support and resources to individuals affected by
 8   sexual misconduct.
 9      "Dating violence."    As defined in section 1553(f).
10      "Department."     The Department of Education of the
11   Commonwealth.
12      "Domestic violence."    As defined in section 2333(e) of the
13   act of April 9, 1929 (P.L.177, No.175), known as The
14   Administrative Code of 1929.
15      "Domestic violence program."     As defined in 23 Pa.C.S. § 6102
16   (relating to definitions).
17      * * *
18      "Postsecondary institution[."]" or "institution."      An
19   institution located within this Commonwealth that is authorized
20   to grant an associate or higher academic degree.
21      "Rape crisis center."     As defined in 42 Pa.C.S. § 5945.1
22   (relating to confidential communications with sexual assault
23   counselors).
24      "Reporting party."    A student or employee who reports having
25   experienced an incident of sexual misconduct to a postsecondary
26   institution.
27      "Residential student."     A student who resides on the campus
28   of a postsecondary institution during the academic year.
29      "Responding party."    A student or employee who has been
30   accused of an alleged incident of sexual misconduct.

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 1      "Sex-based discrimination."     Discrimination based on sex
 2   stereotypes, sex characteristics, pregnancy or related
 3   conditions, sexual orientation and gender identity.
 4      "Sexual exploitation."     Actual or simulated sexual activity
 5   or nudity arranged for the purpose of sexual stimulation or
 6   gratification of an individual.
 7      "Sexual harassment."     Unwelcome sex-based verbal or physical
 8   conduct that interferes with, denies or limits an individual's
 9   ability to participate in or benefit from the postsecondary
10   institution's educational programs and activities.
11      "Sexual misconduct."     An incident of sex-based
12   discrimination, sexual harassment, sexual violence, dating
13   violence, domestic violence, sexual exploitation or stalking.
14      "Sexual violence."     An act of sexual violence as defined
15   under 42 Pa.C.S. § 6402 (relating to definitions).
16      "Stalking."   An act of stalking as defined in 18 Pa.C.S.
17   § 2709.1 (relating to stalking).
18      "Student."    An individual who attends a postsecondary
19   institution, whether enrolled on a full-time, part-time, credit
20   or noncredit basis, including an individual who has taken a
21   leave of absence or who has withdrawn due to being a victim of
22   sexual misconduct.
23      "Task force."     The Task Force on Postsecondary Sexual
24   Misconduct established under section 2005-J.
25      "Title IX coordinator."     An individual designated by a
26   postsecondary institution to ensure compliance with Title IX
27   requirements under 20 U.S.C. Ch. 38 (relating to discrimination
28   based on sex or blindness).
29      "Trauma-informed response."     A response involving an
30   understanding of the complexities of sexual misconduct through

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 1   training centered on the neurobiological impact of trauma, the
 2   influence of societal myths and stereotypes surrounding the
 3   causes and impacts of trauma, understanding perpetrator
 4   methodology and how to conduct an effective investigation.
 5      Section 8.     Sections 2002-J and 2003-J of the act are amended
 6   to read:
 7   Section 2002-J.     Policy for postsecondary institution sexual
 8                  [harassment and sexual violence] misconduct.
 9      (a)     Adoption.--A postsecondary institution shall adopt a
10   clear, understandable written policy on sexual [harassment and
11   sexual violence] misconduct that informs victims of their rights
12   under Federal and State law, including the crime victims bill of
13   rights. The written policy shall be trauma-informed and
14   developed in coordination with the postsecondary institution's
15   Title IX coordinator and a local rape crisis center and domestic
16   violence program, as appropriate and if available. An
17   institution may consult with additional internal and external
18   entities, including institutional administrators, personnel
19   affiliated with on-campus and off-campus health care centers,
20   local confidential resource advisors, residence life staff,
21   students, law enforcement and the district attorney having
22   jurisdiction in the city or town where the institution's primary
23   campus is located. The written policy shall be developed in a
24   culturally competent manner in order to reflect the diverse
25   needs of all students. The written policy shall include:
26            (1)   Procedures by which students and employees at the
27      postsecondary institution may report or disclose alleged
28      incidents of sexual misconduct regardless of where the
29      incident occurred.
30            (2)   Information on where to receive emergency assistance

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 1    following an alleged incident of sexual misconduct,
 2    including:
 3              (i)    The name and location of the nearest medical
 4        facility where an individual may request that a medical
 5        forensic exam be administered by a trained sexual
 6        violence forensic health care provider and information on
 7        transportation options and reimbursement for travel
 8        costs, if any.
 9              (ii)    The contact information for a rape crisis
10        center and a domestic violence center and a description
11        of the services provided by the centers.
12              (iii)    The telephone number and website for a
13        national 24-hour hotline and any State or local resources
14        that provide information on sexual misconduct.
15              (iv)    Information on programs that may provide
16        financial assistance to a student for the cost of
17        emergency medical assistance.
18              (v)    An updated list of designated "responsible
19        employees" under Title IX and the obligations to ensure
20        transparency.
21        (3)   Descriptions of and contact information for the
22    types of counseling, health, safety, academic and other
23    support services available within the local community or
24    region or through a rape crisis center or domestic violence
25    center.
26        (4)   The name and contact information for organizations
27    that support students accused of sexual misconduct, which
28    shall include the name and contact information for a
29    confidential resource advisor.
30        (5)   A description of the role of and services provided

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 1    by the confidential resource advisor.
 2          (6)   The name and contact information of the
 3    postsecondary institution's Title IX coordinator.
 4          (7)   The rights and obligations of students and employees
 5    to:
 6                (i)    Notify or decline to notify law enforcement,
 7          including campus, local and State police, of an alleged
 8          incident of sexual misconduct.
 9                (ii)    Receive assistance from campus authorities with
10          making a notification of an alleged incident of sexual
11          misconduct.
12                (iii)    Obtain a court- or institution-issued
13          protective order against a responding party of an alleged
14          incident of sexual misconduct.
15          (8)   The process for requesting supportive measures
16    reasonably available from the postsecondary institution,
17    which shall include:
18                (i)    Options for changing academic, living, campus
19          transportation or working arrangements, or taking a leave
20          of absence in response to an alleged incident of sexual
21          misconduct.
22                (ii)    Information on how to request supportive
23          measures listed under subparagraph (i).
24                (iii)    The process to have supportive measures
25          reviewed.
26          (9)   The contact information for the closest law
27    enforcement agencies with jurisdiction over matters involving
28    sexual misconduct and the:
29                (i)    Procedures for students to notify the
30          postsecondary institution that a protective order has

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 1        been issued under Federal or State law.
 2               (ii)    Postsecondary institution's responsibilities
 3        upon receipt of notice under subparagraph (i).
 4        (10)    A summary of the postsecondary institution's
 5    procedures for investigating, adjudicating and resolving
 6    complaints of alleged sexual misconduct, including an
 7    explanation of all procedures which shall be followed to
 8    obtain investigatory reports and gather evidence, an
 9    explanation of potential sanctions which may be imposed and
10    clear statements advising students that:
11               (i)    The process shall be uniformly applied for all
12        disciplinary proceedings relating to any allegations of
13        sexual misconduct.
14               (ii)    Timely and detailed notice shall be given if
15        the postsecondary institution decides to proceed with an
16        institutional disciplinary process to the reporting party
17        and the responding party which shall describe the date,
18        time and location, if known, and a summary of the factual
19        allegations concerning the violation.
20               (iii)    A postsecondary institution shall provide both
21        the reporting party and the responding party with written
22        notice in advance of a disciplinary hearing to provide
23        both parties with the opportunity to meaningfully
24        exercise their rights to a proceeding that is prompt,
25        fair and impartial, which shall include the opportunity
26        for both parties to present witnesses and other evidence,
27        and any other due process rights afforded under
28        institutional policy. The written notice shall include
29        the information required to be posted on the
30        postsecondary institution's publicly accessible Internet

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 1        website under this article.
 2             (iv)    The reporting party and the responding party of
 3        an alleged incident of sexual misconduct may be
 4        accompanied by an advisor and support person of their
 5        choice, which may include an advocate and counsel, to
 6        meet with the investigator of the postsecondary
 7        institution or other fact finder, and may consult with an
 8        advisor and support person, which may include an advocate
 9        and counsel, during any meetings and disciplinary
10        proceedings. The institution may establish rules
11        regarding how the proceedings will be conducted,
12        including guidelines on the extent to which an advisor or
13        support person for a reporting party or responding party
14        may participate in a meeting or disciplinary proceeding
15        and any limitations on participation which shall apply
16        equally to both parties. The postsecondary institution
17        shall adopt reasonable measures to provide for the
18        involvement of an advisor and support person for each
19        party, but the availability of an advisor or support
20        person shall not significantly delay a meeting or
21        disciplinary proceeding.
22             (v)    The reporting party and the responding party
23        shall be provided with a copy of the institution's
24        policies regarding the submission and consideration of
25        evidence that may be used during a disciplinary
26        proceeding and shall have equal opportunity to present
27        evidence and witnesses on their behalf during a
28        disciplinary proceeding. Each party shall be provided
29        with an equal opportunity to inspect and review all
30        relevant evidence that shall be relied on in the

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 1        determination of discipline before a determination is
 2        made.
 3             (vi)    There shall be restrictions on evidence
 4        considered by a fact finder, including the use of
 5        evidence of prior sexual activity or character witnesses.
 6             (vii)    The investigation and adjudication of alleged
 7        sexual misconduct is not an adversarial process between
 8        the reporting party, the responding party and the
 9        witnesses, but rather a process for postsecondary
10        institutions to comply with their obligations under
11        existing law. The reporting party does not have the
12        burden to prove, nor does the responding party have the
13        burden to disprove, the underlying allegation or
14        allegations of sexual misconduct.
15             (viii)    The reporting party and the responding party
16        shall be informed in writing of the results of a
17        disciplinary proceeding not later than seven business
18        days after a final determination of a complaint, not
19        including any time for appeal, unless good cause for
20        additional time is shown. The reporting party and the
21        responding party shall be informed of any process for
22        appealing the decision.
23             (ix)    A postsecondary institution shall offer an
24        appeal as a result of procedural errors, previously
25        unavailable relevant evidence that could significantly
26        impact the outcome of a case, conflict of interest or
27        bias and where the sanction is disproportionate to the
28        findings, the reporting party and the responding party
29        shall be provided with an equal opportunity to appeal
30        decisions regarding responsibility or sanctions.

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 1                   (x)    A postsecondary institution shall not disclose
 2            the identity of the reporting party or the responding
 3            party, except as necessary to carry out a disciplinary
 4            process or as permitted under Federal or State law and
 5            shall not share information which identifies domicile,
 6            the location of employment or phone, email or other
 7            contact information or information that may disclose the
 8            location of either party to the adverse party, unless the
 9            information provided is intended to ensure the safety of
10            either party.
11                   (xi)   The postsecondary institution's disciplinary
12            proceedings may not serve as a substitute for the
13            criminal legal process.
14            (11)    A summary of the postsecondary institution's
15      employee disciplinary process as it pertains to sexual
16      misconduct.
17            (12)    The range of sanctions or penalties the
18      postsecondary institution may impose on students and
19      employees found responsible for a violation of the applicable
20      institutional policy prohibiting acts of sexual misconduct.
21      (a.1)   Review.--A postsecondary institution shall provide
22   draft policies and substantive changes by electronic or regular
23   mail to internal and external entities, with instructions on how
24   to comment and a reasonable length of time in which comments
25   shall be accepted. Once an institution has adopted a written
26   policy as required under subsection (a), the opportunity for
27   review and comment by internal and external entities shall only
28   apply to substantive changes to that policy.
29      (b)   Report.--The sexual [harassment and sexual violence]
30   misconduct policy under subsection (a) shall include a provision

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 1   that a witness or victim of an incident of sexual [harassment or
 2   sexual violence] misconduct who reports the incident in good
 3   faith will not be sanctioned by the institution for admitting in
 4   the report to a violation of the institution's student conduct
 5   policy on the personal use of drugs or alcohol.
 6      (c)   Model policy.--The [Department of Education] department
 7   shall develop a model policy that, at a minimum, includes the
 8   requirements under subsection (a) and make the model policy
 9   available to postsecondary institutions. A postsecondary
10   institution may adopt the model policy as the policy of the
11   institution on sexual [harassment and sexual violence]
12   misconduct.
13      (d)   Availability of policy.--A postsecondary institution
14   shall make the written policy adopted under subsection (a)
15   publicly available on campus in locations where students
16   regularly congregate, including dining and recreational
17   facilities, libraries, bookstores, student unions and student
18   centers, and the common areas of dormitories and other student
19   housing locations. Upon request, the institution shall make the
20   policy available to an applicant, student or employee of the
21   institution. The policy shall be made easily available on the
22   institution's publicly accessible Internet website in an
23   accessible format not later than the first week of classes in
24   each academic year. The institution shall update the website
25   containing the written policy on sexual misconduct on an annual
26   basis.
27   Section 2003-J.   Online reporting system.
28      (a)   Establishment of online reporting system.--A
29   postsecondary institution shall establish and maintain an online
30   reporting system to receive complaints of sexual [harassment and

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 1   sexual violence] misconduct from students and employees. A
 2   report shall be investigated through the process established in
 3   the postsecondary institution's sexual [harassment and sexual
 4   violence] misconduct policy. A postsecondary institution may not
 5   fail or refuse to investigate an anonymous report because it is
 6   anonymous.
 7      (b)   Anonymous reports.--The online reporting system shall
 8   permit anonymous reports, which shall be investigated in
 9   accordance with subsection (a).
10      (c)   Required information.--A postsecondary institution shall
11   provide students and employees making reports under this section
12   with the following:
13            (1)   Information regarding who will receive and have
14      access to the reports filed.
15            (2)   How information gathered through the online
16      reporting system will be used.
17            (3)   Contact information for on-campus and off-campus
18      organizations serving victims of sexual [harassment and
19      sexual violence] misconduct.
20      (d)   Statement.--The online reporting system shall
21   prominently post the online system's policy regarding reports
22   and investigations of sexual [harassment and sexual violence]
23   misconduct and shall encourage individuals to review the policy
24   for more information about procedures and resources.
25      (e)   Access to data.--A postsecondary institution shall limit
26   access to the data collected, created or maintained under
27   subsection (a) to only the data subject and as follows:
28            (1)   Only individuals with explicit authorization from a
29      postsecondary institution may enter, update, access, share or
30      disseminate electronic data related to an incident of sexual

20250HB1279PN1451                    - 19 -
 1      [harassment or sexual violence] misconduct collected, created
 2      or maintained under this section.
 3            (2)   The ability of an authorized individual to enter,
 4      update, access, share or disseminate data must be limited
 5      through the use of role-based access that corresponds to the
 6      official duties or training level of the individual and the
 7      institutional authorization that grants access for that
 8      purpose.
 9            (3)   Actions in which the data related to an incident of
10      sexual [harassment or sexual violence] misconduct are
11      entered, updated, accessed, shared or disseminated outside
12      the postsecondary institution must be recorded in a data
13      audit trail.
14            (4)   An institution shall immediately and permanently
15      revoke the authorization of an individual determined to have
16      willfully entered, updated, accessed, shared or disseminated
17      data in violation of this section.
18            (5)   An institution or individual implementing, operating
19      or working for the program may not be compelled to produce a
20      record except pursuant to a court order.
21      Section 9.     The act is amended by adding sections to read:
22   Section 2004-J.    Sexual misconduct climate surveys.
23      (a)   Biennial survey.--A postsecondary institution shall
24   biennially conduct a sexual misconduct climate survey of all
25   students attending the postsecondary institution, which shall
26   include, at minimum, all of the questions included in the base
27   survey developed by the task force and approved by the
28   department. The department shall provide a copy of the base
29   survey to each institution biennially. An institution may append
30   campus-specific questions to the base survey, provided that the

20250HB1279PN1451                    - 20 -
 1   questions do not require the disclosure of any personally
 2   identifying information and are trauma-informed.
 3      (b)   Requirements.--A sexual misconduct climate survey
 4   conducted by a postsecondary institution shall:
 5            (1)   Collect anonymous responses.
 6            (2)   Include a "decline to state" and "not applicable"
 7      option for each question.
 8            (3)   Be offered to all students, including those who are
 9      on leave or who are studying abroad.
10            (4)   Be administered in a manner to ensure that, to the
11      greatest extent possible, an adequate, random and
12      representative sample size of students complete the survey.
13            (5)   Be administered online.
14            (6)   Be provided with accommodations to individuals with
15      disabilities.
16      (c)   Public information.--Within 120 days after completion of
17   a sexual misconduct climate survey, a postsecondary institution
18   shall:
19            (1)   Submit a summary of the results of the sexual
20      misconduct climate survey to the department.
21            (2)   Publish each of the following on the institution's
22      publicly accessible Internet website in a manner that does
23      not personally identify any student:
24                  (i)    The summary of the results of the sexual
25            misconduct climate survey conducted under subsection (a).
26                  (ii)    The annual security report completed in
27            compliance with 20 U.S.C. § 1092(f) (relating to
28            institutional and financial assistance information for
29            students).
30                  (iii)    A link to the department's Statewide sexual

20250HB1279PN1451                       - 21 -
 1            misconduct climate survey data repository created under
 2            subsection (d).
 3      (d)     Data repository.--The department shall establish a data
 4   repository for all summaries of sexual misconduct climate
 5   surveys submitted by postsecondary institutions to the
 6   department. The department shall ensure that the sexual
 7   misconduct survey data is anonymized, aggregated and made
 8   available to the public in an easily accessible manner on the
 9   department's publicly accessible Internet website.
10      (e)     Rules and procedures.--In consultation with the task
11   force, the department shall adopt rules and procedures,
12   including deadlines for dissemination and collection of sexual
13   misconduct climate survey information consistent across
14   postsecondary institutions and consistent with the purposes of
15   this article, and shall promote the effective solicitation to
16   achieve the highest practical response rate, collection and
17   publication of statistical information gathered from
18   postsecondary institutions.
19   Section 2005-J.      Task Force on Postsecondary Sexual Misconduct.
20      (a)     Establishment.--The Task Force on Postsecondary Sexual
21   Misconduct is established and shall consist of the following
22   members:
23            (1)   The Secretary of Education or a designee.
24            (2)   The Chancellor of the State System of Higher
25      Education or a designee.
26            (3)   The Attorney General or a designee.
27            (4)   The following appointed by the Secretary of
28      Education:
29                  (i)   An individual who represents this Commonwealth's
30            postsecondary institutions.

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 1                (ii)    An individual who represents community
 2          colleges.
 3                (iii)    A Title IX coordinator from a four-year
 4          postsecondary institution.
 5                (iv)    A representative from the Pennsylvania
 6          Coalition Against Rape or a designee.
 7                (v)    A representative from the Pennsylvania Coalition
 8          Against Domestic Violence or a designee.
 9                (vi)    A representative from the Every Voice Coalition
10          or a designee.
11                (vii)    A researcher with experience in the
12          development and design of sexual misconduct climate
13          surveys.
14                (viii)    A researcher of statistics, data analytics or
15          econometrics with experience in higher education survey
16          analysis.
17                (ix)    A medical professional from a postsecondary
18          institution health services program.
19                (x)    Two students representing an advocacy related
20          group or organization from a public postsecondary
21          institution in this Commonwealth.
22                (xi)    Two students representing an advocacy related
23          group or organization from a community college in this
24          Commonwealth.
25    (b)   Terms of membership.--
26          (1)   Membership on the task force shall be reflective of
27    the fields of public health, survey design, Title IX, sexual
28    misconduct response and prevention and the vast geographic
29    makeup of this Commonwealth. Preference shall be given to
30    individuals with a background, education and experience in

20250HB1279PN1451                     - 23 -
 1      the fields of public health, survey design or Title IX
 2      requirements under 20 U.S.C. Ch. 38 (relating to
 3      discrimination based on sex or blindness).
 4            (2)   Appointed members of the task force shall serve for
 5      two-year terms which shall commence on the date of
 6      appointment.
 7            (3)   Members shall continue to serve until member's
 8      successors are appointed.
 9            (4)   Any vacancy of the task force shall be filled by the
10      Secretary of Education.
11            (5)   Any vacancy occurring other than by expiration of
12      term shall be filled for the balance of the unexpired term.
13      (c)   Quorum.--A majority of the task force shall constitute a
14   quorum for the transaction of any business.
15      (d)   Compensation.--The members of the task force shall serve
16   without compensation, but shall, within the limits of available
17   money, be reimbursed for expenses necessarily incurred in the
18   performance of their duties.
19      (e)   Development of base survey.--The task force shall
20   develop the base survey for distribution to postsecondary
21   institutions and provide institutions with any related
22   recommendations regarding the content, timing and application of
23   the sexual misconduct climate survey. The task force may make
24   recommendations on legislative and policy actions or on
25   enforcing and carrying out the provisions of this article and
26   may undertake research, development and program initiatives
27   consistent with this article. Subcommittees of the task force
28   may meet as necessary. The task force shall deliver its base
29   survey and related recommendations, including recommendations on
30   achieving statistically valid response rates to each

20250HB1279PN1451                    - 24 -
 1   postsecondary institution no less than every two years and for
 2   the first time within a year of the effective date of this
 3   section.
 4      (f)     Duties.--In developing the base survey, the task force
 5   shall:
 6            (1)   Utilize best practices from peer-reviewed research
 7      and consult with individuals with expertise in the
 8      development and use of sexual misconduct climate surveys by
 9      postsecondary institutions.
10            (2)   Review sexual misconduct climate surveys which have
11      been developed and previously utilized by postsecondary
12      institutions in this Commonwealth and by other states that
13      mandate campus climate surveys.
14            (3)   Provide opportunities for written comment from
15      organizations that work directly with victims and survivors
16      of sexual misconduct to ensure the adequacy and
17      appropriateness of the proposed content.
18            (4)   Consult with postsecondary institutions on
19      strategies for optimizing the effectiveness of the survey.
20            (5)   Account for the diverse needs and differences of
21      this Commonwealth's postsecondary institutions.
22      (g)     Topics.--The base survey shall gather information on
23   topics, including:
24            (1)   The number and type of incidents, both reported and
25      unreported, of sexual misconduct at the postsecondary
26      institution.
27            (2)   When and where incidents of sexual misconduct
28      occurred, such as on campus, off campus, abroad or online.
29            (3)   Whether the sexual misconduct was perpetrated by a
30      student, faculty or staff member, third-party vendor or other

20250HB1279PN1451                    - 25 -
 1    individual.
 2        (4)    Student awareness of institutional policies and
 3    procedures related to campus sexual misconduct and awareness
 4    of on-campus and off-campus sexual misconduct support
 5    resources.
 6        (5)    Whether a student reported sexual misconduct, and if
 7    so, to which campus resource or law enforcement agency, and,
 8    if not, the reason for the student's decision not to report.
 9        (6)    Whether a student disclosed sexual misconduct to a
10    friend or peer, family member, school faculty or staff
11    member, a campus resource or a law enforcement official.
12        (7)    If a student reported sexual misconduct, whether the
13    student was informed of or referred to State, local, campus
14    or other resources or victim support services, including
15    appropriate medical care and legal services.
16        (8)    If a student reported sexual misconduct, whether the
17    student was provided protection from retaliation, access to
18    school-based supportive measures or institution-based
19    accommodations and criminal justice remedies.
20        (9)    If a student experienced sexual misconduct,
21    contextual factors, such as the involvement of force,
22    incapacitation or coercion.
23        (10)     Perceptions of campus safety among members of the
24    campus community and confidence in the postsecondary
25    institution's ability to protect against and respond to
26    incidents of sexual misconduct.
27        (11)     Whether the student has decided to withdraw or take
28    a leave of absence from the institution or considered
29    transferring to another institution or withdrawing from the
30    institution due to either being the reporting party or

20250HB1279PN1451                  - 26 -
 1      responding party in an allegation of sexual misconduct.
 2            (12)    Whether the student has withdrawn from any classes
 3      or been placed on academic probation as a result of sexual
 4      misconduct.
 5            (13)    Whether the student experienced any financial
 6      impacts from sexual misconduct or the institution's response
 7      to the sexual misconduct.
 8            (14)    Whether the student experienced any negative health
 9      impacts from sexual misconduct or the institution's response
10      to a report, including post-traumatic stress disorder,
11      anxiety, depression, chronic pain or an eating disorder.
12            (15)    Community attitudes toward sexual misconduct,
13      including individuals' willingness to intervene as a
14      bystander.
15            (16)    Other questions or topics determined by the task
16      force.
17   Section 2006-J.     Confidential resource advisors.
18      (a)   Requirement.--A postsecondary institution shall
19   designate at least one confidential resource advisor who shall:
20            (1)    Not be a student, Title IX coordinator, official who
21      is an authorized administrator of disciplinary processes on
22      behalf of the institution or a member of campus police or law
23      enforcement.
24            (2)    Not have any other job responsibilities that may
25      create a conflict of interest, including a general counsel,
26      director of athletics, dean of students or any employee who
27      serves on the judicial or hearing board or to whom an appeal
28      may be made.
29            (3)    Be appointed based on the individual's experience
30      and demonstrated ability to effectively provide victim

20250HB1279PN1451                     - 27 -
 1      services related to sexual misconduct.
 2            (4)   Notify all institution staff who are involved in
 3      providing or enforcing supportive measures or accommodations
 4      of their duties in writing.
 5      (b)   Services.--A postsecondary institution may partner with
 6   a Statewide or local rape crisis center to provide a
 7   confidential resource advisor under this section. An institution
 8   that enrolls fewer than 1,000 residential students may partner
 9   with another postsecondary institution or rape crisis center or
10   domestic violence center within this Commonwealth to provide the
11   services required under this section. An institution shall
12   ensure that any partnership entered into under this subsection
13   results in a confidential resource advisor being available to
14   students or employees within a reasonable distance from the
15   institution and any services being administered for free. The
16   confidential resource advisor shall maintain a physical presence
17   on campus that provides the confidential resource advisor a
18   place to meet discreetly and privately with students and
19   employees in-person or remotely.
20      (c)   Training.--The confidential resource advisor shall
21   receive training in the awareness and prevention of sexual
22   misconduct, Title IX policies, postsecondary institution
23   policies and in trauma-informed response, and shall coordinate
24   with on-campus and off-campus rape crisis centers and domestic
25   violence centers within a reasonable time after being designated
26   as a confidential resource advisor. The department shall
27   establish guidelines regarding the requirements of the training
28   required under this subsection.
29      (d)   Information and resources.--The confidential resource
30   advisor shall inform students or employees, or provide materials

20250HB1279PN1451                    - 28 -
 1   about how to obtain, including in written format:
 2            (1)    Options to report sexual misconduct and the
 3      processes of each option.
 4            (2)    Counseling services available on campus and through
 5      local rape crisis centers or domestic violence centers.
 6            (3)    Medical and health services available on campus and
 7      off campus.
 8            (4)    Campus escort services for student or employee
 9      security.
10            (5)    Available academic and residence life
11      accommodations.
12            (6)    Student loan counseling regarding loan deferment,
13      forbearance or other student loan programs for students
14      considering temporary or permanent withdrawal or part-time
15      enrollment.
16            (7)    Opportunities to obtain waivers for school-sponsored
17      programs and activities as provided under section 2007-J.
18            (8)    The investigative, disciplinary and nondisciplinary
19      processes of the postsecondary institution to address sexual
20      misconduct.
21            (9)    The legal process carried out through Federal, State
22      and local law enforcement agencies.
23            (10)    That the postsecondary institution's disciplinary
24      process is not to be considered a substitute for the criminal
25      legal process.
26            (11)    Any limits on the ability of the confidential
27      resource advisor to provide privacy or confidentiality to the
28      student.
29      (e)   Coordination of services.--If requested by a student or
30   employee, the confidential resource advisor, using only the

20250HB1279PN1451                     - 29 -
 1   requesting student or employee's identifying information, shall
 2   coordinate with the appropriate institutional personnel to
 3   arrange the following possible school-provided supportive
 4   measures, including those available through the memorandums of
 5   understanding with rape crisis centers:
 6            (1)   Changes in academic, dining, housing or
 7      transportation services or on-campus employment.
 8            (2)   Access to counseling and other mental health
 9      services.
10            (3)   Excused absences, academic counseling and tutoring.
11            (4)   Academic coursework accommodations.
12            (5)   Financial resources, including accommodations
13      available under section 2007-J.
14      (f)   Alternative measures.--The supportive measures under
15   subsection (e) may also be obtained, when appropriate, through
16   disability services and the Title IX coordinator.
17      (g)   Report of sexual misconduct.--The confidential resource
18   advisor may, if appropriate and if directed by the reporting
19   party, assist the reporting party in contacting campus or local
20   law enforcement agencies to make a report of sexual misconduct.
21   The confidential resource advisor may attend an administrative
22   or institution-based adjudication proceeding as the advisor or
23   support person of the student or employee's choice. The
24   confidential resource advisor shall:
25            (1)   Notify the student or employee of their rights and
26      the postsecondary institution's responsibilities regarding
27      protection orders, no contact orders and any other lawful
28      orders issued by the postsecondary institution or by a
29      criminal, civil or tribal court.
30            (2)   Provide confidential services to students and

20250HB1279PN1451                    - 30 -
 1      employees.
 2            (3)   Be considered a sexual assault counselor as defined
 3      in 42 Pa.C.S. § 5945.1(a) (relating to confidential
 4      communications with sexual assault counselors).
 5      (h)   Prohibition.--The confidential resource advisor may not:
 6            (1)   Be required to report an incident to the
 7      postsecondary institution or a law enforcement agency unless
 8      otherwise required to do so by Federal or State law.
 9            (2)   Disclose confidential information, including name,
10      contact information, information on the alleged sexual
11      misconduct or any personally identifying information without
12      the prior written consent of the student or employee who
13      shared the information.
14            (3)   Provide simultaneous services to the reporting party
15      and the responding party of an alleged incident of sexual
16      misconduct.
17      (i)   Cross examination.--Nothing in this section shall be
18   construed to limit the reporting party's and responding party's
19   right of cross examination of the confidential resource advisor
20   in a civil or criminal proceeding if the confidential resource
21   advisor testifies after written consent has been given.
22      (j)   Actual or constructive notice.--Notice to a confidential
23   resource advisor of an alleged act of sexual misconduct or a
24   confidential resource advisor's performance of service under
25   this article shall not be considered actual or constructive
26   notice of an alleged act of sexual misconduct to the
27   postsecondary institution at which the confidential resource
28   advisor is employed or provides contracted services.
29      (k)   Conflict of interest.--If a conflict of interest arises
30   for a postsecondary institution in which a confidential resource

20250HB1279PN1451                    - 31 -
 1   advisor is advocating for a reporting party's need for sexual
 2   misconduct crisis services on campus or law enforcement
 3   services, the institution shall not discipline, penalize or
 4   otherwise retaliate against the confidential resource advisor
 5   for representing the interest of the reporting party.
 6   Section 2007-J.   Waivers for student victims.
 7      (a)   Waiver of minimum requirements.--A postsecondary
 8   institution shall waive any minimum grade point average, credit
 9   or other academic or disciplinary record requirement to be
10   eligible for any school-sponsored program or activity, including
11   scholarships and grants, for any student applicant or
12   participant who has experienced sexual misconduct.
13      (b)   Who may issue waiver.--A waiver under subsection (a) may
14   be obtained from a certified third party, including a
15   confidential resource advisor, Title IX coordinator, law
16   enforcement, academic advisors or disability resource center
17   personnel.
18      (c)   Confidentiality.--Confidentiality related to a waiver
19   under subsection (a) and related personally identifying
20   information shall be maintained unless disclosure is
21   specifically required for the purposes of executing an
22   accommodation.
23      (d)   Withdrawal.--If a student withdraws from a class or a
24   postsecondary institution as a result of being a victim of
25   sexual misconduct, the postsecondary institution shall provide
26   tuition credit, opportunities to withdraw or reenroll in a
27   course without academic or financial penalty and continued
28   eligibility for scholarships and honors.
29   Section 2008-J.   Data reporting requirements.
30      (a)   Report.--By October 1, 2026, and each year thereafter, a

20250HB1279PN1451                  - 32 -
 1   postsecondary institution shall report the following information
 2   to the department, the Department of Health, the Department of
 3   Human Services, the chair and minority chair of the Education
 4   Committee of the Senate and the chair and minority chair of the
 5   Education Committee of the House of Representatives:
 6          (1)    The total number of allegations of dating violence,
 7      domestic violence, sexual assault and stalking reported to
 8      the postsecondary institution's Title IX coordinator by a
 9      student or employee of the institution against another
10      student or employee of the institution.
11          (2)    The number of law enforcement investigations
12      initiated in response to complaints of sexual misconduct
13      brought forward by students and employees of a postsecondary
14      institution against another student or employee of the
15      institution, if known.
16          (3)    The number of students and employees found
17      responsible for violating the institution's policies
18      prohibiting sexual misconduct and, of that number, how many
19      individuals faced academic or employment disciplinary action.
20          (4)    The number of students and employees found not
21      responsible for violating the institution's policies
22      prohibiting sexual misconduct.
23          (5)    The number of d

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