Fair Campus Act of 2015

Fair Campus Act of 2015

This bill amends title I (General Provisions) of the Higher Education Act of 1965 (HEA) to establish requirements with respect to sexual violence allegations at institutions of higher education (IHEs).

An IHE that receives HEA funds, except a foreign institution, must provide support services to affected students and annual training to relevant personnel.

This bill prohibits an IHE from imposing sanctions on a person, including a student organization (e.g., a fraternity or sorority), with respect to alleged sexual violence, except pursuant to a formal hearing in accordance with institutional disciplinary proceedings. It specifies due process requirements for such proceedings, permits an IHE to select the applicable standard of proof, and directs an IHE to publish applicable procedures in its student handbook.

An IHE may initiate an institutional disciplinary proceeding to impose certain interim sanctions (e.g., a class schedule adjustment).

It also prohibits an IHE from requiring a sorority or fraternity to: (1) admit members who do not meet membership requirements, or (2) waive its coverage exemption under title IX of the Education Amendments Act of 1972 (title IX prohibits sex discrimination in federally funded education programs and activities) as a disciplinary or punitive measure.