Tyler Clementi Higher Education Anti-Harassment Act of 2025
- Bill Number
- S. 2876
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Education
- Status
- Introduced
- Latest Action
- 2025-09-18: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
- Last Updated
- 2025-12-05T21:35:05Z
AI-Generated Summary
Purpose of the Legislation
The Tyler Clementi Higher Education Anti-Harassment Act of 2025 aims to prevent and address harassment at U.S. colleges and universities based on protected characteristics such as race, color, national origin, sex (including sexual orientation, gender identity, pregnancy, and sex stereotypes), disability, or religion. It expands reporting requirements and provides funding for prevention programs to create safer campus environments.
Key Provisions
- Expanded Disclosure Requirements (Section 2): Amends Section 485(f) of the Higher Education Act of 1965 (known as the Clery Act, which requires colleges to report campus crime data). Institutions must now include in their annual security reports:
- A clear policy prohibiting harassment by students, faculty, or staff in various settings, including on-campus, off-campus, public property, dorms, institutional email/computers/networks, and during school-sponsored activities.
- Coverage of harassment via electronic means, such as email, mobile services, or other digital communications.
- Descriptions of prevention programs, procedures for reporting incidents, institutional response processes, possible sanctions (e.g., disciplinary actions), and available support services like counseling.
- Details on any patterns of harassment and the institution's responses.
- Designation of a specific employee or office to handle and track reports.
- Competitive Grant Program (Section 3): Authorizes the Secretary of Education to award grants to eligible entities (colleges, nonprofits in partnership with colleges, or state-based consortia of colleges) for up to 3 years, renewable once for 2 years. Grants fund:
- Programs to prevent harassment.
- Counseling and support services for victims and those accused.
- Training for students, faculty, and staff on recognizing, preventing, and responding to harassment.
- Awards prioritize entities with the greatest need and potential impact; applications are required, and grantees must evaluate and report results.
- The Secretary must report annually to Congress on program effectiveness and publish a best practices guide based on research.
- Authorizes $50 million annually from fiscal years 2026 through 2031.
- Effect on Other Laws (Section 4): Clarifies that the Act supplements, but does not replace or limit, existing federal anti-discrimination laws (e.g., Title VI of the Civil Rights Act of 1964 for race/national origin; Title IX of the Education Amendments of 1972 for sex; Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act for disability).
Significant Changes to Existing Law
- Amendments to the Clery Act: Previously focused on crime statistics and security policies, the Act now mandates specific anti-harassment disclosures, including electronic and off-campus incidents, and requires reporting patterns of harassment—expanding beyond traditional crime reporting to proactive prevention and response.
- New Funding Mechanism: Introduces a dedicated grant program not previously available under the Higher Education Act, targeting harassment prevention with evidence-based approaches.
- Definitions Added: Incorporates terms like "electronic communication" (any digital transfer of data, signals, etc.) and references to communications laws for clarity on online harassment.
Potential Impacts
- On Government Agencies: The Department of Education gains responsibilities for administering grants, evaluating programs, and reporting to Congress, potentially increasing administrative workload but also enhancing oversight of campus safety.
- On Citizens (Students, Faculty, Staff): Students may experience safer environments through better awareness, prevention efforts, and support services; victims gain clearer reporting paths and protections, while accused individuals receive procedural notifications. Faculty and staff must adapt to new training and reporting duties.
- On Institutions: Colleges participating in federal aid programs (most U.S. higher education institutions) face compliance costs for policy updates and reporting but can access grants for implementation.
- International Relations: Minimal direct impact, though foreign institutions are exempt from disclosure requirements, potentially affecting U.S. students studying abroad.
Main Stakeholders Affected
- Institutions of Higher Education: Primary implementers, required to update policies and reports; eligible for grants.
- Students: Direct beneficiaries through protections against harassment and access to support.
- Faculty and Staff: Subject to prohibitions and training; responsible for reporting and response.
- Nonprofit Organizations: Can partner with colleges for grants to provide services.
- Department of Education: Oversees compliance, grants, and reporting.
- Congress: Receives annual evaluations to assess program success.
Notable Legal, Constitutional, or Political Implications
- Legal: Reinforces federal civil rights frameworks by adding obligations without overriding them, potentially increasing litigation if institutions fail to comply (e.g., via Title IX enforcement). Emphasizes due process by requiring notifications to both accusers and accused in disciplinary proceedings.
- Constitutional: Aligns with First Amendment limits by focusing on harassment (unwelcome conduct creating a hostile environment) rather than protected speech; no direct challenges noted, but could prompt debates on balancing free speech with anti-discrimination.
- Political: Named after Tyler Clementi (a student who died by suicide after cyberbullying), it highlights bipartisan support for campus safety amid rising concerns over discrimination and mental health. The grant funding signals a policy shift toward proactive, research-based interventions, but implementation may face scrutiny over costs and effectiveness measurement.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (23)
Sen. Baldwin, Tammy [D-WI], Sen. Blumenthal, Richard [D-CT], Sen. Booker, Cory A. [D-NJ], Sen. Duckworth, Tammy [D-IL], Sen. Fetterman, John [D-PA], Sen. Gillibrand, Kirsten E. [D-NY], Sen. Hassan, Margaret Wood [D-NH], Sen. Hirono, Mazie K. [D-HI], Sen. Kaine, Tim [D-VA], Sen. Klobuchar, Amy [D-MN], Sen. Luján, Ben Ray [D-NM], Sen. Markey, Edward J. [D-MA], Sen. Merkley, Jeff [D-OR], Sen. Murphy, Christopher [D-CT], Sen. Padilla, Alex [D-CA], Sen. Sanders, Bernard [I-VT], Sen. Schatz, Brian [D-HI], Sen. Shaheen, Jeanne [D-NH], Sen. Smith, Tina [D-MN], Sen. Van Hollen, Chris [D-MD], Sen. Warren, Elizabeth [D-MA], Sen. Whitehouse, Sheldon [D-RI], Sen. Wyden, Ron [D-OR]
Recent Actions
- 2025-09-18: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
- 2025-09-18: Introduced in Senate
Bill Versions
- Tyler Clementi Higher Education Anti-Harassment Act of 2025 — issued 2025-09-18 — PDF (10 pages)