23 LC 50 0522
H. B. 677
- 1 -
House Bill 677
By: Representatives Scott of the 76
th
, Schofield of the 63
rd
, and Davis of the 87
th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to
1
postsecondary education, so as to provide for policies and procedures regarding sexual2
violence, intimate partner violence, and stalking and requirements therefor; to provide for3
notice; to create the Higher Education Interpersonal Violence Advisory Commission; to4
provide for membership and duties thereof; to provide for a survey and requirements5
therefor; to provide for confidential resource advisors and requirements and duties thereof;6
to provide for reporting and confidentiality; to provide for prevention and awareness7
programming; to provide for training requirements; to provide for immunity; to provide for8
memoranda of understanding; to provide for definitions; to provide for construction; to9
provide for related matters; to repeal conflicting laws; and for other purposes.10
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
SECTION 1.12
Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary13
education, is amended by adding a new article to read as follows:14 23 LC 50 0522
H. B. 677
- 2 -
"ARTICLE 1415
20-3-700.16
As used in this article, unless the context otherwise indicates, the term:17
(1) 'Affirmative consent' means consent to sexual activity that can be revoked at any18
time. Such term does not include silence, lack of resistance, or consent given while19
intoxicated.20
(2) 'Commission' means the Higher Education Interpersonal Violence Advisory21
Commission established pursuant to this article.22
(3) 'Employee' means an individual who is employed by an institution of higher23
education, including a full-time, part-time, or contracted employee, or an individual who24
was employed by an institution of higher education, including a full-time, part-time, or25
contracted employee, but has taken a leave of absence or terminated the employment as26
a result of having been a victim of sexual violence, intimate partner violence, or stalking27
or for any other reason.28
(4) 'Institution of higher education' or 'institution' means a public, private, nonprofit, or29
for-profit postsecondary school chartered, incorporated, or otherwise organized in this30
state with an established physical presence in this state.31
(5) 'Interpersonal violence climate survey' means the survey developed pursuant to Code32
Section 20-3-703.33
(6) 'Intimate partner violence' means any felony or the offense of battery, simple battery,34
simple assault, assault, stalking, criminal damage to property, unlawful restraint, or35
criminal trespass that is committed by an individual who is or has been in a social36
relationship with another individual of an intimate nature regardless of whether the37
individuals were or are sexual partners.38 23 LC 50 0522
H. B. 677
- 3 -
(7) 'Reporting party' means a student or employee who reports having experienced an39
alleged incident of sexual violence, intimate partner violence, or stalking at an institution40
of higher education.41
(8) 'Responding party' means an individual who has been accused of an alleged incident42
of sexual violence, intimate partner violence, or stalking at an institution of higher43
education.44
(9) 'Sexual violence' means conduct that constitutes:45
(A) Rape, sodomy, aggravated sodomy, statutory rape, improper sexual contact, sexual46
battery, or aggravated sexual battery under Chapter 6 of Title 16; or47
(B) Trafficking under Code Section 16-5-46.48
(10) 'Stalking' means conduct that constitutes a crime of stalking under Article 7 of49
Chapter 5 of Title 16.50
(11) 'Student' means an individual who is enrolled or is seeking to be enrolled in an51
institution of higher education in this state or has taken a leave of absence from an52
institution of higher education as a result of having been a victim of sexual violence,53
intimate partner violence, or stalking.54
(12) 'Title IX coordinator' means the employee at an institution of higher education who55
is responsible for institutional compliance with the Title IX provisions of the federal56
Education Amendments of 1972, P.L. 92-318, as amended.57
(13) 'Trauma informed response' means a response by an individual who has received58
specific training in the complexities of trauma caused by sexual violence, intimate partner59
violence, or stalking, including training on:60
(A) The neurobiological impact of trauma;61
(B) The influence of societal stereotypes or other misconceptions relating to the causes62
and impacts of trauma on an individual experiencing the trauma caused by sexual63
violence, intimate partner violence, or stalking;64 23 LC 50 0522
H. B. 677
- 4 -
(C) Methodologies for avoiding perpetuation of the trauma caused by sexual violence,65
intimate partner violence, or stalking; and66
(D) How to conduct an effective investigation of trauma.67
20-3-701.68
(a) No later than January 1, 2024, each institution of higher education shall adopt a policy69
and related procedures on sexual violence, intimate partner violence, and stalking, in70
accordance with this article and consistent with applicable state and federal law. The71
policy shall be publicly available on each institution's campus website and in student72
handbooks. Notices of where the full policy is available and outreach for victims of sexual73
violence, intimate partner violence, and stalking shall be posted at campus locations where74
students regularly congregate. Each institution shall annually update the policy on the75
institution's website.76
(b) The policy shall reflect the diverse needs of all students and employees and be77
culturally competent. An institution may consider input from various internal and external78
entities, including, but not limited to, the institution's Title IX coordinator, local sexual79
assault support centers, domestic violence resource centers, administrators, personnel80
affiliated with on-campus and off-campus healthcare centers, confidential resource81
advisors, residence life staff, students, employees, law enforcement agencies, and the82
district attorney having jurisdiction in the location where the institution of higher83
education's primary campus is located.84
(c) The policy shall include, but shall not be limited to:85
(1) Procedures by which students and employees at the institution may report or disclose86
alleged incidents of sexual violence, intimate partner violence, or stalking regardless of87
where the alleged incident occurred;88 23 LC 50 0522
H. B. 677
- 5 -
(2) Information on where a reporting party may receive immediate emergency assistance89
following an alleged incident of sexual violence, intimate partner violence, or stalking,90
including, but not limited to:91
(A) The name and location of the nearest medical facility, including information on92
transportation options and information on reimbursement for travel costs, if any, where93
a reporting party may request that a forensic examination be administered by a licensed94
healthcare practitioner who has received sexual assault forensic examiner training and;95
(B) The contact information for a local sexual assault support center and a domestic96
violence resource center with a description of the services provided by each center;97
(C) The telephone number and website of a local sexual assault center and a national98
24 hour hotline that provide information on sexual assault; and99
(D) Information on any programs that may provide financial assistance to a reporting100
party in covering the costs of emergency medical assistance, including, but not limited101
to, any available public victim compensation fund;102
(3) Descriptions of the types of and contact information for counseling, health, safety,103
academic, and other support services available within the local community or region or104
through a local sexual assault support center or a domestic violence resource center,105
including, but not limited to, the names of and contact information for organizations that106
support responding parties accused of sexual violence, intimate partner violence, or107
stalking; the name of and contact information for a confidential resource advisor under108
Code Section 20-3-705 and a description of the role of and services provided by the109
confidential resource advisor; and the name of and contact information for the110
institution's Title IX coordinator;111
(4) The rights of students and employees to:112
(A) Notify or decline to notify a law enforcement agency, including campus, local, or113
state police, of an alleged incident of sexual violence, intimate partner violence, or114
stalking;115 23 LC 50 0522
H. B. 677
- 6 -
(B) Receive assistance from campus authorities in making any notification under116
subparagraph (A) of this paragraph; and117
(C) Obtain a court issued or institution issued protection order against a responding118
party involved with the alleged incident of sexual violence, intimate partner violence,119
or stalking;120
(5) The process for requesting supportive measures reasonably available from the121
institution, including, but not limited to, options for changing academic, living, campus122
transportation, or working arrangements or taking a leave of absence in response to an123
alleged incident of sexual violence, intimate partner violence, or stalking; how to request124
such changes; and the process by which such changes may be made;125
(6) The contact information for the closest local, state, and federal law enforcement126
agencies with jurisdiction over matters involving sexual violence, intimate partner127
violence, or stalking; procedures for students or employees to notify the institution that128
a protection order has been issued under state or federal law; and the institution's129
responsibilities upon receipt of such notice;130
(7) A summary of the institution's policy for informal resolution, investigating,131
adjudicating, and resolving sexual violence, intimate partner violence, or stalking132
complaints against students or employees, regardless of where the alleged offense133
occurred, including an explanation of all procedures that must be followed to obtain134
investigatory reports and gather evidence, and potential sanctions or penalties that may135
be imposed. Such policy shall provide that:136
(A) The procedures be uniformly applied, to the extent practicable, for all proceedings137
relating to any claims of sexual violence, intimate partner violence, or stalking;138
(B) An investigation, including any hearings and resulting disciplinary proceedings,139
be conducted by an individual who receives annual training on issues relating to sexual140
violence, intimate partner violence, or stalking, investigatory procedures, and hearing141 23 LC 50 0522
H. B. 677
- 7 -
procedures to protect the safety and rights of students or employees and promote142
accountability, objectivity, impartiality, and trauma informed responses;143
(C) The reporting party and the responding party be provided with a copy of the policy144
regarding the submission and consideration of evidence that may be used during a145
disciplinary proceeding;146
(D) The reporting party and the responding party be informed in writing of the results147
of a disciplinary proceeding no later than seven business days after a final148
determination of a complaint, not including time for appeal, if any, unless good cause149
for additional time is shown. The reporting party and responding party shall be150
informed of the process, if any, for appealing the decision;151
(E) The institution shall not publicly disclose the identity of the reporting party or the152
responding party, except as necessary to carry out a disciplinary proceeding or as153
otherwise permitted under state or federal law; and154
(F) The reporting party and the responding party shall be informed that the institution's155
disciplinary proceedings shall not serve as a substitute for the criminal justice process;156
and157
(8) The range of sanctions or penalties the institution may impose on students or158
employees found responsible for a violation of the applicable institutional policy159
prohibiting sexual violence, intimate partner violence, or stalking.160
(d) When adopting or amending a policy, an institution shall provide an opportunity for161
comment and a reasonable length of time in which comments will be accepted.162
(e) The identity of a reporting party and a responding party and all information relating to163
an incident of sexual violence, intimate partner violence, or stalking are confidential and164
shall not be disclosed by the institution except as necessary to carry out a disciplinary165
process or as otherwise permitted under state or federal law.166 23 LC 50 0522
H. B. 677
- 8 -
20-3-702.167
Each institution shall provide a reporting party and a responding party with written notice168
of the institution's decision to hold a disciplinary proceeding regarding an allegation of169
sexual violence, intimate partner violence, or stalking sufficiently in advance of a170
disciplinary proceeding. The disciplinary proceeding shall provide due process, be prompt,171
fair, and impartial, and shall include the opportunity for both parties to present witnesses172
and other evidence.173
20-3-703.174
(a) The Higher Education Interpersonal Violence Advisory Commission is created for the175
purpose of developing a base interpersonal violence climate survey for dissemination to176
institutions of higher education and for providing recommendations on the content, timing,177
and application of the survey and reporting on the survey to the General Assembly.178
(b) The commission shall comprise 22 members as follows:179
(1) The chair of the board of regents or his or her designee;180
(2) The commissioner of Department of Public Health or his or her designee;181
(3) The following nine members appointed by the chair of the board of regents:182
(A) One member representing a state-wide coalition of sexual assault support centers;183
(B) One member representing an organization promoting racial equity and justice;184
(C) One member representing a coalition against sexual assault and domestic violence;185
(D) One member representing a state-wide organization for disability rights;186
(E) One member representing a state-wide organization for lesbian, gay, bisexual, and187
transgender people;188
(F) One member representing a national advocacy organization focused on passing189
state legislation written by students and survivors addressing campus sexual violence;190
(G) One member representing a state-wide coalition of domestic violence resource191
centers;192 23 LC 50 0522
H. B. 677
- 9 -
(H) One member representing an organization that advocates for immigrant193
communities in this state; and194
(I) One representative from a civil legal services provider representing sexual assault195
survivors; and196
(4) Eleven members appointed by the Governor:197
(A) One student attending a public institution of higher education in this state;198
(B) One student attending a private institution of higher education in this state;199
(C) One student attending an institution in the Technical College System of Georgia;200
(D) One representative of the University System of Georgia recommended by the201
chancellor of the University System of Georgia;202
(E) One representative of a private institution of higher education recommended by an203
association of independent colleges in this state;204
(F) One representative of the Technical College System of Georgia recommended by205
the commissioner of the Technical College System of Georgia;206
(G) One Title IX coordinator at a public institution of higher education in this state;207
(H) One Title IX coordinator at a private institution of higher education in this state;208
(I) One researcher with experience in the development and design of interpersonal209
violence climate surveys;210
(J) One researcher of statistics, data analytics, or econometrics with experience in211
higher education survey analysis; and212
(K) One representative of an on-campus health center at an institution of higher213
education who has experience dealing with campus sexual violence, intimate partner214
violence, or stalking.215
(c) The university system shall provide appropriate staffing assistance to the commission.216
(d) Each appointed member shall serve a two-year term except that, of those members first217
appointed, five appointed by the Governor and five appointed by the chair of the board of218
regents shall each be appointed for a one-year term. The term of office of each member219 23 LC 50 0522
H. B. 677
- 10 -
shall be designated at the time of appointment. A member of the commission may serve220
after the expiration of that member's term until a successor has been appointed. Members221
shall not be compensated.222
(e) A quorum of the commission consists of two-thirds of appointed members.223
(f) Beginning January 1, 2024, and biennially thereafter, the commission shall provide to224
the chair of the board of regents the interpersonal violence climate survey developed in225
accordance with subsections (g) and (h) of this Code section and shall include related226
recommendations, including, but not limited to, recommendations on achieving statistically227
valid response rates. The commission may make recommendations on legislative and228
policy actions or on enforcing and carrying out the provisions of this article and may229
undertake research development and program initiatives consistent with this article. The230
commission shall meet at least four times per year. Subcommittees of the commission may231
meet as necessary. The commission may accept funds from the federal government, local232
governments, or individuals, foundations, or corporations and may expend these funds for233
purposes that are consistent with this Code section. The commission may develop bylaws.234
(g) The commission shall develop the interpersonal violence climate survey by:235
(1) Using best practices from peer reviewed research and in consultation with individuals236
with expertise in the development and use of interpersonal violence climate surveys by237
institutions of higher education;238
(2) Reviewing interpersonal violence climate surveys that have been developed and239
previously used by institutions of higher education in other states;240
(3) To ensure the adequacy and appropriateness of the proposed content, providing241
opportunities for written comment from organizations that work directly with victims and242
survivors of sexual violence, intimate partner violence, and stalking;243
(4) Consulting with institutions on strategies for optimizing the effectiveness of the244
interpersonal violence climate survey; and245 23 LC 50 0522
H. B. 677
- 11 -
(5) Accounting for the diverse needs and differences among the institutions of higher246
education.247
(h) The interpersonal violence climate survey shall collect anonymous responses and shall248
not require the disclosure of personally identifiable information. The survey shall include249
the survey requirements of the federal Violence Against Women Act Reauthorization Act250
of 2022, P.L. 117-103, and shall be designed, without being duplicative of the federal251
requirements, to gather the following information:252
(1) The number of incidents, both reported and unreported, of sexual violence, intimate253
partner violence, and stalking at each institution of higher education;254
(2) Generally, when or where incidents of sexual violence, intimate partner violence, or255
stalking occurred, including, but not limited to, on-campus, off-campus, abroad, online,256
or elsewhere, but without requiring students or employees to disclose specific information257
about any incident;258
(3) Student and employee awareness of the institution's policies and procedures related259
to sexual violence, intimate partner violence, and stalking;260
(4) Whether a student or employee reported sexual violence, intimate partner violence,261
or stalking and, if so, to which campus resource or law enforcement agency the report262
was made, and, if not, the reason for such student's or employee's decision not to report;263
(5) Whether a student or employee was informed of or referred to local, state, campus,264
or other resources or victim support services, including appropriate medical care and265
legal services;266
(6) Whether a student or employee was provided the option of protection from267
retaliation, access to school based accommodations, and criminal justice remedies;268
(7) Contextual factors of each incident of sexual violence, intimate partner violence, or269
stalking, such as the involvement of force, incapacitation, coercion, or drug or alcohol270
facilitation;271 23 LC 50 0522
H. B. 677
- 12 -
(8) Demographic information that could be used to identify at-risk groups including but272
not limited to gender, race, and sexual orientation;273
(9) Perceptions of campus safety among members of the campus community and274
confidence in the institution's ability to protect against and respond in a timely and trauma275
informed manner to incidents of sexual violence, intimate partner violence, or stalking;276
(10) Whether a reporting party was satisfied with the institution of higher education's277
response to the reporting party's report;278
(11) Whether the student has chosen to withdraw or take a leave of absence from the279
institution or transferred to another institution due to being either the reporting party or280
the responding party in an allegation of sexual violence, intimate partner violence, or281
stalking;282
(12) Whether a student has withdrawn from any classes or been placed on academic283
probation as a result of an incident or allegation of sexual violence, intimate partner284
violence, or stalking; and285
(13) Answers to any other questions developed by the commission.286
20-3-704.287
(a) The chair of the board of regents shall provide the interpersonal violence climate288
survey biennially to each institution, and each institution shall biennially conduct the289
interpersonal violence climate survey on each campus. Each institution may append290
campus-specific questions to the survey; provided, however, that any additional questions291
shall not require the disclosure of any personally identifiable information and shall not be292
unnecessarily traumatizing for victims of sexual violence, intimate partner violence, or293
stalking. All students and employees shall be offered an opportunity to complete part or294
all of the interpersonal violence climate survey.295
(b) Within 120 days after completion of the interpersonal violence climate survey, each296
institution shall submit a summary of the results and the aggregate data supporting the297 23 LC 50 0522
H. B. 677
- 13 -
results, with any personally identifiable information removed or redacted, to the chair of298
the board of regents and shall post the following on the institution's publicly accessible299
website in a way that does not personally identify any student or employee:300
(1) The summary of the results of the survey;301
(2) The annual security report completed pursuant to 20 U.S.C. Section 1092(f); and302
(3) A link to the department's state-wide interpersonal violence climate survey data303
pursuant to subsection (c) of this Code section.304
(c) The department shall establish a data repository for all summaries and anonymized and305
aggregated data of interpersonal violence climate surveys submitted by institutions. The306
department shall ensure that the interpersonal violence climate survey data submitted by307
all institutions in accordance with subsection (b) of this Code section are available to the308
public in an easily accessible manner on the department's publicly accessible website.309
(d) The interpersonal violence climate survey shall be designed to collect anonymous310
responses and shall not publicly disclose any personally identifying information. An311
institution of higher education may not use or attempt to use information collected through312
the interpersonal violence climate survey to identify or contact any individual student or313
employee on campus, nor may the responses to the survey be used as the basis for any type314
of investigation or disciplinary or legal proceeding.315
20-3-705.316
(a) Each institution shall designate at least one confidential resource advisor to provide317
emergency and ongoing support to survivors of sexual violence, intimate partner violence,318
or stalking. The confidential resource advisor shall be designated based on the confidential319
resource advisor's experience in advocating on behalf of victims of sexual assault or320
domestic violence and a demonstrated ability to effectively provide victim services related321
to sexual violence, intimate partner violence, or stalking. The confidential resource advisor322
may have another role at the institution of higher education but shall not be a student or a323 23 LC 50 0522
H. B. 677
- 14 -
Title IX coordinator and shall not have any other job responsibilities that may create a324
conflict of interest, including, but not limited to, being general counsel, director of325
athletics, dean of students, or an employee who serves on a judicial or hearing board326
overseeing reports of sexual violence, intimate partner violence, or stalking or to whom an327
appeal of such a proceeding might be made. The confidential resource advisor shall328
maintain a physical presence on campus that provides the confidential resource advisor a329
place to meet discreetly and privately with students or employees in person or remotely.330
An institution may contract or partner with a local, state, or national victim advocacy331
organization to provide a confidential resource advisor under this subsection.332
(b) Each institution of higher education shall designate existing categories of employees333
who may also serve as confidential resource advisors. This subsection may not be334
construed to limit an institution of higher education from designating a new or existing335
employee as a confidential resource advisor. An institution of higher education that enrolls336
fewer than 1,000 residential students may partner with another institution of higher337
education or local sexual assault support center to provide the services under this Code338
section. Any partnership entered into under this subsection shall ensure that the339
confidential resource advisor is available to a student or employee within a reasonable340
distance from the student's institution of higher education.341
(c) A confidential resource advisor shall receive the following training:342
(1) Prior to designation as a confidential resource advisor, 40 hours of training on sexual343
violence, intimate partner violence, and stalking;344
(2) Training regarding unconscious biases related to race, gender, and sexuality;345
(3) Training regarding awareness and prevention of sexual violence, intimate partner346
violence, or stalking, relevant federal policies, the institution's policy under Code Section347
20-3-701, and trauma informed responses; and348
(4) Twenty hours of educational training annually on issues related to sexual violence,349
intimate partner violence, and stalking, including, but not limited to, awareness and350 23 LC 50 0522
H. B. 677
- 15 -
prevention of sexual violence, intimate partner violence, and stalking and trauma351
informed responses.352
(d) A confidential resource advisor shall coordinate with on-campus, if any, and353
off-campus sexual assault support centers and domestic violence resource centers within354
a reasonable time after being designated as a confidential resource advisor.355
(e) A confidential resource advisor shall be responsible for providing the following356
information and resources regarding incidents of sexual violence, intimate partner violence,357
or stalking to students and employees:358
(1) Reporting options and the probable effects of each option;359
(2) Counseling services available on campus and through a local sexual assault support360
center or domestic violence resource center;361
(3) Medical and mental health services available on campus and off campus;362
(4) When requested, campus escort services for security;363
(5) Available supportive measures, including academic and residential life364
accommodations;365
(6) For students considering temporary or permanent withdrawal or reduced enrollment,366
student loan counseling, including, but not limited to, information regarding loan367
deferment, forbearance, or other applicable student loan programs;368
(7) The institution's investigative, disciplinary, and nondisciplinary processes;369
(8) The legal process of local, state, and federal law enforcement agencies;370
(9) That the institution of higher education's disciplinary process is not to be considered371
a substitute for the criminal justice process; and372
(10) Any limits on the ability of the confidential resource advisor to keep private or373
confidential the information of the student or employee.374
(f) If requested by the reporting party, the confidential resource advisor, using only the375
student or employee's identifying information, shall coordinate with the campus resources376
to arrange possible school provided supportive measures, including those available through377 23 LC 50 0522
H. B. 677
- 16 -
any memoranda of understanding with sexual assault support centers and domestic violence378
resource centers, and including, but not limited to:379
(1) Changes in academic status, dining, housing, transportation, or campus employment;380
(2) Access to counseling and other mental health services;381
(3) Excused absences, academic counseling, and tutoring;382
(4) Academic course work accommodations;383
(5) Financial resources that are under the control of the institution, including if a student384
has to withdraw from a class or the institution entirely, such as tuition credit,385
opportunities to withdraw or reenroll in a course without academic or financial penalty,386
and continued eligibility for scholarships and honors; and387
(6) Supportive measures that may be obtained, when appropriate, through disability388
services and the Title IX coordinator at the institution of higher education.389
(g) A confidential resource advisor, regarding an alleged incident of sexual violence,390
intimate partner violence, or stalking reported to the advisor:391
(1) Shall notify all campus resources involved in providing or enforcing supportive392
measures or accommodations of their duties;393
(2) May, if appropriate and directed by a student or employee, assist the student or394
employee in contacting or reporting to campus or local law enforcement agencies;395
(3) Shall notify a student or employee of the student's or employee's rights and the396
institution's responsibility regarding a protection order, no-contact order, or any other397
lawful order issued by the institution or a court;398
(4) May not be required to report the incident to the institution or a law enforcement399
agency unless otherwise required to do so by state or federal law and shall provide400
confidential services to students or employees;401
(5) May attend an administrative adjudication proceeding or the institution's disciplinary402
proceeding as an advisor or support person of a student's or employee's choice;403 23 LC 50 0522
H. B. 677
- 17 -
(6) May disclose confidential information with the prior written consent of the reporting404
party or if required by state or federal law;405
(7) May not provide services to both the reporting party and the responding party to the406
incident of sexual violence, intimate partner violence, or stalking; and407
(8) May not act as a counselor or therapist unless the confidential resource advisor is a408
licensed counselor in this state and the student or employee engages the confidential409
resource advisor in that capacity.410
(h) A report to a confidential resource advisor of an alleged incident of sexual violence,411
intimate partner violence, or stalking or a confidential resource advisor's performance of412
a service under this Code section may not be considered actual or constructive notice of413
such an alleged incident to the institution of higher education at which the confidential414
resource advisor is employed or provides contracted services.415
(i) If a conflict of interest arises for an institution in which a confidential resource advisor416
is advocating for a reporting party's need for sexual assault support services or campus or417
local law enforcement agency services, the institution may not discipline, penalize, or418
otherwise retaliate against the confidential resource advisor for representing the interest of419
the reporting party.420
(j) Communications between a reporting party and a confidential resource advisor are421
privileged from disclosure as follows:422
(1) A reporting party may refuse to disclose and may deny permission to a confidential423
resource advisor to disclose confidential written or oral communications between the424
reporting party and the confidential resource advisor, including any written records,425
notes, memoranda, or reports concerning the reporting party;426
(2) Except as provided in paragraph (3) of this subsection, a confidential resource427
advisor may not be required, through oral or written testimony or through production of428
documents, to disclose to a court in criminal or civil proceedings or to any agency or429 23 LC 50 0522
H. B. 677
- 18 -
person any privileged communications between the reporting party and the confidential430
resource advisor and;431
(3) Privileged communications may be disclosed in the following circumstances:432
(A) When disclosure is required pursuant to state law and that disclosure is in433
accordance with such law;434
(B) When a court in the exercise of its discretion determines the disclosure of the435
information necessary to proper administration of justice, an inspection of records may436
be held in camera by the judge to determine whether such records contain relevant437
information. Such proceeding shall not entitle an opposing party to examine the438
records unless such records are made available by the court; and439
(C) When a reporting party dies or is incapable of giving consent and disclosure is440
required for an official law enforcement agency investigation or criminal proceeding441
regarding the cause of the victim's death or incapacitation.442
(k) Notwithstanding any provision of law to the contrary, a criminal justice agency,443
whether directly or through any intermediary, may disseminate confidential criminal444
history record information to a confidential resource advisor for the purpose of planning445
for the safety of the party the confidential resource advisor is advising. A confidential446
resource advisor who receives confidential criminal history record information pursuant447
to this subsection shall use it solely for the purpose authorized by this subsection and may448
not further disseminate the information.449
(l) Nothing in this Code section may be construed to limit the reporting party's or450
responding party's right of cross-examination of the confidential resource advisor in a civil451
or criminal proceeding if the confidential resource advisor testifies after written consent has452
been given or in accordance with this Code section.453 23 LC 50 0522
H. B. 677
- 19 -
20-3-706.454
An institution of higher education, with guidance from its Title IX coordinator, a local law455
enforcement agency, and the sexual assault support center or the domestic violence456
resource center identified in the institution's policy under Code Section 20-3-701, shall457
provide mandatory prevention and awareness programming on sexual violence, intimate458
partner violence, and stalking for all incoming students and all employees of the institution.459
The institution shall make available prevention and awareness programming to all returning460
students of the institution. The prevention and awareness programming shall include:461
(1) An explanation of affirmative consent as it applies to sexual activity and sexual462
relationships;463
(2) The role drugs and alcohol play in an individual's ability to provide affirmative464
consent;465
(3) Information on options relating to the reporting of an incident of sexual violence,466
intimate partner violence, or stalking, the probable effects and potential outcomes of each467
option, and the methods to report an incident of sexual violence, intimate partner468
violence, or stalking, including confidential and anonymous disclosure;469
(4) Information on the institution's procedures for resolving reports of sexual violence,470
intimate partner violence, and stalking and the range of sanctions or penalties the471
institution may impose on students and employees found responsible for a violation of472
a policy and related procedures adopted under Code Section 20-3-701;473
(5) The name, contact information, and role of the confidential resource advisor;474
information about the local sexual assault support center, its confidential services, and475
how to access those services; information about the domestic violence resource center,476
its confidential services, and how to access those services; and the name and contact477
information of all other personnel governed by confidentiality policies at the institution;478
(6) Strategies for bystander intervention and risk reduction;479 23 LC 50 0522
H. B. 677
- 20 -
(7) Opportunities for ongoing sexual violence, intimate partner violence, and stalking480
prevention and awareness programming, including through ongoing campaigns; and481
(8) An approach to training that recognizes and is sensitive to the disproportionate482
impacts and rates of occurrence of sexual violence, intimate partner violence, and stalking483
on members of marginalized groups, including, but not limited to, people of color, people484
with disabilities, and lesbian, gay, bisexual, and transgender people.485
20-3-707.486
(a) Each institution of higher education shall ensure that its Title IX coordinator and487
members of its campus police force or campus safety personnel employed by the institution488
undergo annual training in awareness of sexual violence, intimate partner violence, and489
stalking and trauma informed responses.490
(b) Any individual who participates in the implementation of an institution's disciplinary491
process under this article, including, but not limited to, any individuals responsible for492
resolving reports of incidents of sexual violence, intimate partner violence, and stalking,493
shall be trained or have experience in handling such reports and the operations of the494
institution's disciplinary practice. Such training shall include, but shall not be limited to:495
(1) Information about providing trauma informed responses when working with and496
interviewing victims of an alleged incident of sexual violence, intimate partner violence,497
or stalking;498
(2) Information on particular types of conduct that constitute sexual violence, intimate499
partner violence, and stalking;500
(3) Information on affirmative consent and the role drugs and alcohol may play in an501
individual's ability to consent;502
(4) The effects of trauma, including any neurobiological impact, on an individual;503
(5) Cultural competency training regarding how sexual violence, intimate partner504
violence, and stalking may affect students or employees differently depending on factors505 23 LC 50 0522
H. B. 677
- 21 -
that contribute to a student's or employee's cultural background, including, but not limited506
to, national origin, sex, ethnicity, religion, gender identity, gender expression, and sexual507
orientation;508
(6) Methods of communicating sensitively and compassionately with a reporting party509
including, but not limited to, an awareness of responding to a reporting party with510
consideration of such party's cultural background and providing services to or assisting511
in locating services for the reporting party;512
(7) Information regarding how sexual violence, intimate partner violence and, stalking513
may affect students or employees with developmental or intellectual disabilities; and514
(8) Methods of communicating sensitively with a responding party, including an515
awareness of the emotional impact of an allegation of sexual violence, intimate partner516
violence, and stalking.517
20-3-708.518
By March 1, 2024, and annually thereafter, each institution of higher education shall519
prepare and submit to the board of regents, the commissioner of Department of Public520
Health, and the committees of the General Assembly having jurisdiction over higher521
education matters the annual security report required under the federal Jeanne Clery522
Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 U.S.C. Section523
1092(f).524
20-3-709.525
A reporting party or a witness who requests an investigation of sexual violence, intimate526
partner violence, or stalking may not be subject to a disciplinary proceeding or sanction or527
penalty for a violation of the institution's student conduct policy related to drug or alcohol528
use, trespassing, or unauthorized entry of the institution's facilities that comes to the529
attention of the institution as part of that report or investigation of sexual violence, intimate530 23 LC 50 0522
H. B. 677
- 22 -
partner violence, or stalking unless the institution determines that the report was not made531
in good faith or that the violation was egregious. An egregious violation shall include, but532
not be limited to, taking an action that places the health and safety of another person at risk.533
This Code section may not be construed to limit the ability of an institution to establish an534
immunity policy for student conduct violations not mentioned in this Code section.535
20-3-710.536
(a) No later than January 1, 2024, an institution of higher education shall enter into and537
maintain a memorandum of understanding with a sexual assault support center and538
domestic violence resource center to:539
(1) Provide an off-campus option for students and employees of the institution to receive540
free and confidential sexual assault crisis services, including access to a sexual assault541
nurse examiner, if available, or free and confidential domestic violence crisis services;542
(2) Ensure that a student or employee of the institution may access free and confidential543
advocacy services either on campus or off campus related to sexual violence, intimate544
partner violence, or stalking;545
(3) Ensure cooperation and training between the institution and the sexual assault support546
center or domestic violence resource center regarding the roles that the institution, sexual547
assault support center, and domestic violence resource center should play in responding548
to reports and disclosures of sexual violence, intimate partner violence, and stalking549
against students and employees of the institution and the institution's protocols for550
providing support and services to such students and employees;551
(4) Ensure that a student or employee of the institution has access to mental health552
services, either on campus or off campus, relating to sexual violence, intimate partner553
violence, or stalking; and554 23 LC 50 0522
H. B. 677
- 23 -
(5) Make referrals for civil legal representation to assist with civil protections, including,555
but not limited to, those related to protections under Title IX of the federal Education556
Amendments of 1972, P.L. 92-318, as amended, or protection from abuse orders.557
(b) A memorandum of understanding as provided for in subsection (a) of this Code section558
may include an agreement, including a fee structure, between the sexual assault support559
center or domestic violence resource center and the institution of higher education to560
provide confidential victim services. Confidential victim services may include case561
consultation and training fees for confidential resource advisors, consultation fees for the562
development and implementation of sexual violence, intimate partner violence, and563
stalking education and prevention programs for students and employees, the development564
of trauma informed response staff training and prevention curricula, and private on-site565
office space for an advocate from the sexual assault support center and domestic violence566
resource center to meet with students or employees."567
SECTION 2.568
All laws and parts of laws in conflict with this Act are repealed.569