H.R. 5486 — Tyler Clementi Higher Education Anti-Harassment Act of 2025

This section revises the heading of section 485(f) of the Higher Education Act of 1965 to “Disclosure of campus security and harassment policy and campus crime statistics”; adds definitions in paragraph (6)(A) of “commercial mobile service” (as defined in 47 U.S.C. 332(d)), “electronic communication” (any transfer of signs, signals, etc., by wire, radio, or similar systems), and “electronic messaging services” (as defined in 47 U.S.C. 1001); and inserts new paragraph (9) requiring each participating U.S. institution of higher education to include in its annual campus security report (commonly known as the Clery Act report)—(1) a policy statement prohibiting student, faculty, and staff harassment of enrolled students on the basis of actual or perceived race, color, national origin, sex (including sexual orientation, gender identity, pregnancy, childbirth, related medical conditions, sex stereotypes, and sex characteristics including intersex traits), disability, or religion, in locations including campus, noncampus buildings or property, public property, dormitories, institutional email addresses, institution-owned or contracted computers and networks, institution-sponsored activities, and through electronic messaging services, commercial mobile services, electronic communications, or other technology, along with descriptions of prevention programs, student reporting procedures, and institutional response procedures; and (2) for each occasion of a pattern of such harassment, a detailed description and the institution’s actions taken. The policy statement must further address (1) procedures for timely institutional action, including informing the accuser and accused of disciplinary outcomes; (2) possible sanctions; (3) notification of on-campus and community counseling, mental health, and support services for victims and perpetrators; and (4) a designated employee or office for receiving and tracking reports. (Thus, the provision expands Clery Act disclosures—previously focused on crime statistics and policies—to encompass comprehensive anti-harassment measures covering online and off-campus conduct.)

This section establishes the Anti-harassment Competitive Grant program, authorizing the Secretary of Education to award competitive grants to eligible entities (i.e., institutions of higher education or consortia thereof, including partnerships with nonprofits) to initiate, expand, or improve anti-harassment programs at institutions of higher education. Such programs address harassment on the basis of characteristics specified in amended section 485(f)(9)(A)(i) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(9)(A)(i)) (i.e., race, color, religion, national origin, sex—including sexual harassment, parental status, and sexual orientation—and disability) through (1) prevention efforts, (2) counseling or redress services for students who have suffered harassment or been accused of it, or (3) education or training for students, faculty, and staff on recognizing, preventing, and addressing harassment. Grants are for up to three years, renewable for one additional two-year period, with awards based on need and potential benefit; grantees must evaluate activities and report to the Secretary, who must report annually to Congress on program implementation and effectiveness and publish a best practices report. The section authorizes $50 million for each of FY2026 through 2031.

This section provides that nothing in the Act invalidates or limits rights, remedies, procedures, or legal standards available under other federal laws—including title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), sections 504 and 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794, 794a), and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.)—or under state or local laws. The obligations imposed by the Act are in addition to those under the listed federal laws.