; (2) informs passengers and personnel of the other major components of the covered rail entity’s formal policy, including a statement indicating that no transportation sexual assault or harassment incident is acceptable under any circumstance; and (3) informs passengers and personnel of the procedure for reporting a transportation sexual assault or harassment incident. (d) Standard of care Compliance with the requirements of this section, and any policy issued thereunder, shall not determine whether the covered rail entity has acted with any requisite standard of care. (e) Definitions In this section: (1) Covered rail entity The term covered rail entity means an entity providing commuter rail passenger transportation or intercity rail passenger transportation. (2) Personnel The term personnel means an employee or contractor of a covered rail entity. (3) Sexual assault The term sexual assault means the occurrence of an act that constitutes any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent. (4) Transportation sexual assault or harassment incident The term transportation sexual assault or harassment incident means the occurrence, or reasonably suspected occurrence, of an act that— (A) constitutes sexual assault or sexual harassment; and (B) is committed— (i) by a passenger or member of personnel of covered rail entity against another passenger or member of personnel of the covered rail entity