SOS Campus Act
- Sponsor
- Sen. Kaine, Tim [D-VA]
- Committees
- Health, Education, Labor, and Pensions Committee (primary)
- Last action
- Sep 30, 2026
Bottom line
The bill establishes a new federal mandate for colleges and universities to employ an independent advocate to provide confidential support and guidance to campus sexual assault survivors.
What it actually does
This bill amends the Higher Education Act of 1965 to mandate that all institutions of higher education receiving federal financial assistance designate an independent advocate for campus sexual assault prevention and response. This advocate must report outside the body responsible for investigating complaints, represent survivor interests even when in conflict with the institution, and provide a comprehensive suite of services including reporting information, medical care referrals, counseling, legal services, and guidance through institutional and legal processes, while maintaining strict confidentiality.
Proponents argue
Proponents argue that the bill provides crucial, independent support for sexual assault survivors on college campuses, addressing concerns that institutional processes may not adequately prioritize survivor needs or maintain confidentiality. They believe it will empower survivors by giving them a dedicated resource to navigate complex reporting and support systems, ultimately fostering a safer campus environment and improving response to sexual assault.
Opponents contend
Potential opponents might argue that mandating such a role could impose significant unfunded administrative burdens on institutions, particularly smaller ones, requiring new hires and infrastructure. They might also raise concerns about potential conflicts with existing Title IX compliance structures or state laws regarding reporting, or argue that existing campus resources are sufficient if properly utilized.
The bill is concise and straightforward, making it accessible for a quick read and easy to understand its core provisions.
Section 2(a), adding new Section 494A(a)(1) to the Higher Education Act of 1965
Requirement for Independent Advocate for Campus Sexual Assault Prevention and Response
This provision mandates that all institutions of higher education receiving federal financial assistance must appoint an 'independent advocate' for campus sexual assault prevention and response. This advocate must have experience in survivor services and will be appointed following regulations prescribed by the Secretary of Education.
Supporters argue
Supporters argue this ensures a dedicated, experienced professional is available to assist survivors, improving the quality and independence of support services.
Critics contend
Critics might argue this creates an additional, potentially costly, administrative layer for institutions, especially if they already have similar roles or services.
Tradeoffs
Balances the need for independent survivor support against potential administrative costs and integration challenges with existing campus structures.
Section 2(a), adding new Section 494A(a)(1)(C) to the Higher Education Act of 1965
Advocate Independence and Accountability
The advocate must report to an individual outside the body responsible for investigating and adjudicating sexual assault complaints. They are also required to submit an annual report summarizing resource usage and the number of male and female survivors assisted to this external individual.
Section 2(a), adding new Section 494A(a)(2) to the Higher Education Act of 1965
Survivor Interest Representation and Advocate Protection
This section clarifies that the Advocate's primary role is to represent the interests of the student survivor, even if those interests conflict with the institution's. It explicitly prohibits the institution from disciplining, penalizing, or retaliating against the Advocate for fulfilling this role.
Section 2(a), adding new Section 494A(c)(1) to the Higher Education Act of 1965
Comprehensive Survivor Assistance Services
The Advocate must ensure survivors receive 24-hour access to information on reporting to law enforcement, emergency medical care, and forensic examinations (with consent). They also ensure access to crisis intervention, ongoing counseling, information on rights, and legal service referrals (with consent). These services can be provided via community organizations or on campus in consultation with such organizations, and survivors cannot be retaliated against for reporting.
Section 2(a), adding new Section 494A(c)(2)-(3) to the Higher Education Act of 1965
Survivor Process Navigation and Advocacy
The Advocate is responsible for guiding survivors through the institution's and local law enforcement's reporting, counseling, administrative, medical, academic accommodation, and legal processes. At the survivor's request, the Advocate must also attend any administrative or institution-based adjudication proceeding related to the assault as an advocate for the survivor.
Section 2(a), adding new Section 494A(c)(4) to the Higher Education Act of 1965
Survivor and Witness Confidentiality
The Advocate must maintain the privacy and confidentiality of the survivor and any witnesses. The Advocate is prohibited from notifying the institution or any other authority of their identity or the alleged circumstances, unless required by applicable state laws.
Section 2(a), adding new Section 494A(c)(5) to the Higher Education Act of 1965
Public Awareness and Information Dissemination
The Advocate is required to conduct a public information campaign to inform students about the Advocate's existence, contact information, and services. This includes posting information on the institution's website, in student orientation materials, on posters in various campus locations, and training staff (coaches, faculty, RAs, etc.) to provide this information.
Section 2(a), adding new Section 494A(d) to the Higher Education Act of 1965
Preservation of Existing Rights and Responsibilities
This provision explicitly states that nothing in this section (regarding the independent advocate) shall alter or amend the rights, duties, and responsibilities under the Clery Act (Section 485(f) of the HEA) or Title IX of the Education Amendments of 1972.
Section 2(b), amending Section 487(a) of the Higher Education Act of 1965
Compliance as Condition for Federal Financial Aid
This section adds a new paragraph to the Higher Education Act, requiring institutions to agree to comply with the independent advocate requirements as a condition for participating in federal financial assistance programs (e.g., student loans, grants).
The Advocate must maintain strict confidentiality for survivors and witnesses, not notifying the institution of identities or circumstances unless required by state law. Simultaneously, the bill states it does not alter Clery Act or Title IX duties.
New Section 494A(c)(4) and Section 494A(d) of the Higher Education Act of 1965
Why it matters:This tension is likely a result of attempting to balance competing policy goals: survivor privacy and institutional reporting obligations. The general disclaimer might be intended to avoid explicit conflict but leaves practical implementation questions unresolved.
Case for: Proponents argue that the confidentiality is paramount for survivors to feel safe coming forward, and the Clery/Title IX clause ensures institutions still meet their broader safety and non-discrimination duties through other reporting channels (e.g., direct reports to Title IX office).
Case against: Critics might argue this creates an 'information silo' where the Advocate holds critical information that could inform timely warnings (Clery Act) or trigger prompt institutional response (Title IX), potentially hindering an institution's ability to fulfill its legal obligations and ensure overall campus safety.
Estimated impact: Could lead to legal challenges or require significant guidance from the Department of Education on how institutions can simultaneously comply with both sets of requirements.