Campus Sexual Assault Advocate Act

Summary#

The Survivor Outreach and Support Campus Act (SOS Campus Act) would amend the Higher Education Act of 1965; it is not yet law. It would require colleges and other institutions receiving federal student-aid funds under that Act to designate an independent campus sexual-assault advocate. Its stated goal is to improve sexual-assault prevention and response.

  • The Secretary of Education must issue rules for appointing advocates within 180 days after enactment. Advocates must have relevant experience and report to someone outside the institution’s body that investigates and decides sexual-assault complaints.
  • Advocates must arrange specified support services, guide survivors through listed processes, and attend an institution’s related proceeding if the survivor asks.
  • Institutions must make information about their advocate widely available, and employees who receive a sexual-assault report must tell the survivor about the advocate and the advocate’s services.
  • Advocates must protect survivors’ and witnesses’ privacy, except where state law requires disclosure. They may not be punished for representing a survivor’s interests, including when those interests conflict with the institution’s.
  • The bill would add compliance with these requirements to institutions’ agreements for participating in federal student-aid programs. It says it does not change duties or rights under the Clery Act or Title IX.

What it means for you#

  • Colleges and other covered institutions: They would have to designate an advocate, publicize the advocate’s contact details and services, and arrange the required services. The bill does not require every institution to provide those services on campus: it allows services through an agreement with a nearby community organization or on campus in consultation with one.
  • Students who report sexual assault: An employee who receives your report must tell you about the advocate. You may choose whether to receive services that require your consent, and you may ask the advocate to attend an institution-based proceeding. The bill does not require you to use the advocate.
  • Advocates: They must represent the student survivor’s interests, help with specified processes, conduct an information campaign, and submit an annual report on how their resources were used, including the number of male and female survivors assisted.
  • Employees and campus staff: Employees who receive a report must provide information about the advocate. Coaches, faculty, administrators, resident advisers, and other staff must receive training to provide that information.
  • The public: The bill does not create a new agency, change criminal penalties, or amend Title IX or Clery Act requirements.

Money#

No cost estimate or other cost information is in the available material.

  • The bill requires institutions to designate advocates and ensure services, which may require staff time or agreements with service organizations. It does not specify the amount or source of funding.
  • It does not provide a federal appropriation, set fees, or state a compliance cost.

What is unclear#

  • The bill does not define “independent,” beyond requiring the advocate to report outside the institution’s complaint-investigation and decision-making body.
  • It does not set a date for institutions to begin complying, explain how the Secretary will enforce the requirements, or provide an appeal process.
  • “Reasonable distance” for a community organization is not defined. The bill also does not say how institutions should choose an organization or what happens if one is not available.
  • The advocate’s annual report must include numbers of male and female survivors assisted, but the bill does not explain how those categories are determined or address other categories.
  • The privacy duty is subject to state law. The bill does not explain how that duty interacts with other reporting requirements. It also does not say whether the annual report must exclude identifying details.
  • The parent Higher Education Act is not provided, so the bill’s changes could not be checked against all current requirements or enforcement rules. The bill itself says it does not alter Clery Act or Title IX rights and duties.

Case for#

  • The bill appears intended to give students a dedicated source of support separate from the office that investigates and decides complaints.
  • Requiring advocates to act in the survivor’s interests, even when those interests conflict with the institution’s, could reduce the risk that the advocate’s role is shaped by institutional interests.
  • Requiring information about the advocate to be shared with students—and training staff to provide it—could make the service easier to find.
  • Allowing services through a nearby community organization or on campus gives institutions two ways to arrange support.

Case against#

  • The bill requires institutions to arrange a broad set of services but gives no cost estimate, funding source, or minimum staffing standard.
  • “Independent” is not fully defined. The bill sets a reporting line outside the complaint process but does not otherwise specify the advocate’s relationship to the institution.
  • The bill requires an annual report with survivor counts but does not explain how to protect privacy in that report or how those counts should be categorized.
  • The bill does not set an institutional compliance deadline or spell out enforcement and oversight details, leaving important parts of implementation to later rules.