| 1 | 1 | | 23 LC 50 0522 |
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| 2 | 2 | | H. B. 677 |
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| 3 | 3 | | - 1 - |
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| 4 | 4 | | House Bill 677 |
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| 5 | 5 | | By: Representatives Scott of the 76 |
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| 6 | 6 | | th |
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| 7 | 7 | | , Schofield of the 63 |
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| 8 | 8 | | rd |
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| 9 | 9 | | , and Davis of the 87 |
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| 10 | 10 | | th |
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| 11 | 11 | | |
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| 12 | 12 | | A BILL TO BE ENTITLED |
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| 13 | 13 | | AN ACT |
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| 14 | 14 | | To amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to |
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| 15 | 15 | | 1 |
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| 16 | 16 | | postsecondary education, so as to provide for policies and procedures regarding sexual2 |
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| 17 | 17 | | violence, intimate partner violence, and stalking and requirements therefor; to provide for3 |
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| 18 | 18 | | notice; to create the Higher Education Interpersonal Violence Advisory Commission; to4 |
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| 19 | 19 | | provide for membership and duties thereof; to provide for a survey and requirements5 |
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| 20 | 20 | | therefor; to provide for confidential resource advisors and requirements and duties thereof;6 |
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| 21 | 21 | | to provide for reporting and confidentiality; to provide for prevention and awareness7 |
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| 22 | 22 | | programming; to provide for training requirements; to provide for immunity; to provide for8 |
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| 23 | 23 | | memoranda of understanding; to provide for definitions; to provide for construction; to9 |
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| 24 | 24 | | provide for related matters; to repeal conflicting laws; and for other purposes.10 |
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| 25 | 25 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 |
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| 26 | 26 | | SECTION 1.12 |
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| 27 | 27 | | Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary13 |
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| 28 | 28 | | education, is amended by adding a new article to read as follows:14 23 LC 50 0522 |
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| 29 | 29 | | H. B. 677 |
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| 30 | 30 | | - 2 - |
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| 31 | 31 | | "ARTICLE 1415 |
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| 32 | 32 | | 20-3-700.16 |
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| 33 | 33 | | As used in this article, unless the context otherwise indicates, the term:17 |
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| 34 | 34 | | (1) 'Affirmative consent' means consent to sexual activity that can be revoked at any18 |
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| 35 | 35 | | time. Such term does not include silence, lack of resistance, or consent given while19 |
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| 36 | 36 | | intoxicated.20 |
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| 37 | 37 | | (2) 'Commission' means the Higher Education Interpersonal Violence Advisory21 |
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| 38 | 38 | | Commission established pursuant to this article.22 |
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| 39 | 39 | | (3) 'Employee' means an individual who is employed by an institution of higher23 |
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| 40 | 40 | | education, including a full-time, part-time, or contracted employee, or an individual who24 |
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| 41 | 41 | | was employed by an institution of higher education, including a full-time, part-time, or25 |
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| 42 | 42 | | contracted employee, but has taken a leave of absence or terminated the employment as26 |
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| 43 | 43 | | a result of having been a victim of sexual violence, intimate partner violence, or stalking27 |
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| 44 | 44 | | or for any other reason.28 |
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| 45 | 45 | | (4) 'Institution of higher education' or 'institution' means a public, private, nonprofit, or29 |
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| 46 | 46 | | for-profit postsecondary school chartered, incorporated, or otherwise organized in this30 |
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| 47 | 47 | | state with an established physical presence in this state.31 |
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| 48 | 48 | | (5) 'Interpersonal violence climate survey' means the survey developed pursuant to Code32 |
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| 49 | 49 | | Section 20-3-703.33 |
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| 50 | 50 | | (6) 'Intimate partner violence' means any felony or the offense of battery, simple battery,34 |
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| 51 | 51 | | simple assault, assault, stalking, criminal damage to property, unlawful restraint, or35 |
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| 52 | 52 | | criminal trespass that is committed by an individual who is or has been in a social36 |
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| 53 | 53 | | relationship with another individual of an intimate nature regardless of whether the37 |
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| 54 | 54 | | individuals were or are sexual partners.38 23 LC 50 0522 |
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| 55 | 55 | | H. B. 677 |
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| 56 | 56 | | - 3 - |
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| 57 | 57 | | (7) 'Reporting party' means a student or employee who reports having experienced an39 |
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| 58 | 58 | | alleged incident of sexual violence, intimate partner violence, or stalking at an institution40 |
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| 59 | 59 | | of higher education.41 |
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| 60 | 60 | | (8) 'Responding party' means an individual who has been accused of an alleged incident42 |
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| 61 | 61 | | of sexual violence, intimate partner violence, or stalking at an institution of higher43 |
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| 62 | 62 | | education.44 |
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| 63 | 63 | | (9) 'Sexual violence' means conduct that constitutes:45 |
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| 64 | 64 | | (A) Rape, sodomy, aggravated sodomy, statutory rape, improper sexual contact, sexual46 |
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| 65 | 65 | | battery, or aggravated sexual battery under Chapter 6 of Title 16; or47 |
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| 66 | 66 | | (B) Trafficking under Code Section 16-5-46.48 |
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| 67 | 67 | | (10) 'Stalking' means conduct that constitutes a crime of stalking under Article 7 of49 |
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| 68 | 68 | | Chapter 5 of Title 16.50 |
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| 69 | 69 | | (11) 'Student' means an individual who is enrolled or is seeking to be enrolled in an51 |
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| 70 | 70 | | institution of higher education in this state or has taken a leave of absence from an52 |
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| 71 | 71 | | institution of higher education as a result of having been a victim of sexual violence,53 |
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| 72 | 72 | | intimate partner violence, or stalking.54 |
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| 73 | 73 | | (12) 'Title IX coordinator' means the employee at an institution of higher education who55 |
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| 74 | 74 | | is responsible for institutional compliance with the Title IX provisions of the federal56 |
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| 75 | 75 | | Education Amendments of 1972, P.L. 92-318, as amended.57 |
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| 76 | 76 | | (13) 'Trauma informed response' means a response by an individual who has received58 |
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| 77 | 77 | | specific training in the complexities of trauma caused by sexual violence, intimate partner59 |
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| 78 | 78 | | violence, or stalking, including training on:60 |
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| 79 | 79 | | (A) The neurobiological impact of trauma;61 |
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| 80 | 80 | | (B) The influence of societal stereotypes or other misconceptions relating to the causes62 |
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| 81 | 81 | | and impacts of trauma on an individual experiencing the trauma caused by sexual63 |
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| 82 | 82 | | violence, intimate partner violence, or stalking;64 23 LC 50 0522 |
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| 83 | 83 | | H. B. 677 |
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| 84 | 84 | | - 4 - |
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| 85 | 85 | | (C) Methodologies for avoiding perpetuation of the trauma caused by sexual violence,65 |
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| 86 | 86 | | intimate partner violence, or stalking; and66 |
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| 87 | 87 | | (D) How to conduct an effective investigation of trauma.67 |
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| 88 | 88 | | 20-3-701.68 |
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| 89 | 89 | | (a) No later than January 1, 2024, each institution of higher education shall adopt a policy69 |
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| 90 | 90 | | and related procedures on sexual violence, intimate partner violence, and stalking, in70 |
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| 91 | 91 | | accordance with this article and consistent with applicable state and federal law. The71 |
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| 92 | 92 | | policy shall be publicly available on each institution's campus website and in student72 |
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| 93 | 93 | | handbooks. Notices of where the full policy is available and outreach for victims of sexual73 |
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| 94 | 94 | | violence, intimate partner violence, and stalking shall be posted at campus locations where74 |
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| 95 | 95 | | students regularly congregate. Each institution shall annually update the policy on the75 |
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| 96 | 96 | | institution's website.76 |
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| 97 | 97 | | (b) The policy shall reflect the diverse needs of all students and employees and be77 |
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| 98 | 98 | | culturally competent. An institution may consider input from various internal and external78 |
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| 99 | 99 | | entities, including, but not limited to, the institution's Title IX coordinator, local sexual79 |
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| 100 | 100 | | assault support centers, domestic violence resource centers, administrators, personnel80 |
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| 101 | 101 | | affiliated with on-campus and off-campus healthcare centers, confidential resource81 |
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| 102 | 102 | | advisors, residence life staff, students, employees, law enforcement agencies, and the82 |
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| 103 | 103 | | district attorney having jurisdiction in the location where the institution of higher83 |
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| 104 | 104 | | education's primary campus is located.84 |
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| 105 | 105 | | (c) The policy shall include, but shall not be limited to:85 |
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| 106 | 106 | | (1) Procedures by which students and employees at the institution may report or disclose86 |
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| 107 | 107 | | alleged incidents of sexual violence, intimate partner violence, or stalking regardless of87 |
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| 108 | 108 | | where the alleged incident occurred;88 23 LC 50 0522 |
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| 109 | 109 | | H. B. 677 |
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| 110 | 110 | | - 5 - |
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| 111 | 111 | | (2) Information on where a reporting party may receive immediate emergency assistance89 |
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| 112 | 112 | | following an alleged incident of sexual violence, intimate partner violence, or stalking,90 |
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| 113 | 113 | | including, but not limited to:91 |
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| 114 | 114 | | (A) The name and location of the nearest medical facility, including information on92 |
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| 115 | 115 | | transportation options and information on reimbursement for travel costs, if any, where93 |
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| 116 | 116 | | a reporting party may request that a forensic examination be administered by a licensed94 |
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| 117 | 117 | | healthcare practitioner who has received sexual assault forensic examiner training and;95 |
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| 118 | 118 | | (B) The contact information for a local sexual assault support center and a domestic96 |
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| 119 | 119 | | violence resource center with a description of the services provided by each center;97 |
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| 120 | 120 | | (C) The telephone number and website of a local sexual assault center and a national98 |
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| 121 | 121 | | 24 hour hotline that provide information on sexual assault; and99 |
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| 122 | 122 | | (D) Information on any programs that may provide financial assistance to a reporting100 |
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| 123 | 123 | | party in covering the costs of emergency medical assistance, including, but not limited101 |
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| 124 | 124 | | to, any available public victim compensation fund;102 |
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| 125 | 125 | | (3) Descriptions of the types of and contact information for counseling, health, safety,103 |
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| 126 | 126 | | academic, and other support services available within the local community or region or104 |
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| 127 | 127 | | through a local sexual assault support center or a domestic violence resource center,105 |
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| 128 | 128 | | including, but not limited to, the names of and contact information for organizations that106 |
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| 129 | 129 | | support responding parties accused of sexual violence, intimate partner violence, or107 |
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| 130 | 130 | | stalking; the name of and contact information for a confidential resource advisor under108 |
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| 131 | 131 | | Code Section 20-3-705 and a description of the role of and services provided by the109 |
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| 132 | 132 | | confidential resource advisor; and the name of and contact information for the110 |
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| 133 | 133 | | institution's Title IX coordinator;111 |
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| 134 | 134 | | (4) The rights of students and employees to:112 |
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| 135 | 135 | | (A) Notify or decline to notify a law enforcement agency, including campus, local, or113 |
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| 136 | 136 | | state police, of an alleged incident of sexual violence, intimate partner violence, or114 |
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| 137 | 137 | | stalking;115 23 LC 50 0522 |
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| 138 | 138 | | H. B. 677 |
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| 139 | 139 | | - 6 - |
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| 140 | 140 | | (B) Receive assistance from campus authorities in making any notification under116 |
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| 141 | 141 | | subparagraph (A) of this paragraph; and117 |
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| 142 | 142 | | (C) Obtain a court issued or institution issued protection order against a responding118 |
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| 143 | 143 | | party involved with the alleged incident of sexual violence, intimate partner violence,119 |
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| 144 | 144 | | or stalking;120 |
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| 145 | 145 | | (5) The process for requesting supportive measures reasonably available from the121 |
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| 146 | 146 | | institution, including, but not limited to, options for changing academic, living, campus122 |
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| 147 | 147 | | transportation, or working arrangements or taking a leave of absence in response to an123 |
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| 148 | 148 | | alleged incident of sexual violence, intimate partner violence, or stalking; how to request124 |
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| 149 | 149 | | such changes; and the process by which such changes may be made;125 |
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| 150 | 150 | | (6) The contact information for the closest local, state, and federal law enforcement126 |
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| 151 | 151 | | agencies with jurisdiction over matters involving sexual violence, intimate partner127 |
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| 152 | 152 | | violence, or stalking; procedures for students or employees to notify the institution that128 |
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| 153 | 153 | | a protection order has been issued under state or federal law; and the institution's129 |
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| 154 | 154 | | responsibilities upon receipt of such notice;130 |
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| 155 | 155 | | (7) A summary of the institution's policy for informal resolution, investigating,131 |
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| 156 | 156 | | adjudicating, and resolving sexual violence, intimate partner violence, or stalking132 |
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| 157 | 157 | | complaints against students or employees, regardless of where the alleged offense133 |
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| 158 | 158 | | occurred, including an explanation of all procedures that must be followed to obtain134 |
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| 159 | 159 | | investigatory reports and gather evidence, and potential sanctions or penalties that may135 |
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| 160 | 160 | | be imposed. Such policy shall provide that:136 |
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| 161 | 161 | | (A) The procedures be uniformly applied, to the extent practicable, for all proceedings137 |
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| 162 | 162 | | relating to any claims of sexual violence, intimate partner violence, or stalking;138 |
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| 163 | 163 | | (B) An investigation, including any hearings and resulting disciplinary proceedings,139 |
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| 164 | 164 | | be conducted by an individual who receives annual training on issues relating to sexual140 |
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| 165 | 165 | | violence, intimate partner violence, or stalking, investigatory procedures, and hearing141 23 LC 50 0522 |
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| 166 | 166 | | H. B. 677 |
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| 167 | 167 | | - 7 - |
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| 168 | 168 | | procedures to protect the safety and rights of students or employees and promote142 |
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| 169 | 169 | | accountability, objectivity, impartiality, and trauma informed responses;143 |
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| 170 | 170 | | (C) The reporting party and the responding party be provided with a copy of the policy144 |
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| 171 | 171 | | regarding the submission and consideration of evidence that may be used during a145 |
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| 172 | 172 | | disciplinary proceeding;146 |
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| 173 | 173 | | (D) The reporting party and the responding party be informed in writing of the results147 |
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| 174 | 174 | | of a disciplinary proceeding no later than seven business days after a final148 |
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| 175 | 175 | | determination of a complaint, not including time for appeal, if any, unless good cause149 |
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| 176 | 176 | | for additional time is shown. The reporting party and responding party shall be150 |
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| 177 | 177 | | informed of the process, if any, for appealing the decision;151 |
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| 178 | 178 | | (E) The institution shall not publicly disclose the identity of the reporting party or the152 |
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| 179 | 179 | | responding party, except as necessary to carry out a disciplinary proceeding or as153 |
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| 180 | 180 | | otherwise permitted under state or federal law; and154 |
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| 181 | 181 | | (F) The reporting party and the responding party shall be informed that the institution's155 |
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| 182 | 182 | | disciplinary proceedings shall not serve as a substitute for the criminal justice process;156 |
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| 183 | 183 | | and157 |
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| 184 | 184 | | (8) The range of sanctions or penalties the institution may impose on students or158 |
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| 185 | 185 | | employees found responsible for a violation of the applicable institutional policy159 |
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| 186 | 186 | | prohibiting sexual violence, intimate partner violence, or stalking.160 |
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| 187 | 187 | | (d) When adopting or amending a policy, an institution shall provide an opportunity for161 |
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| 188 | 188 | | comment and a reasonable length of time in which comments will be accepted.162 |
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| 189 | 189 | | (e) The identity of a reporting party and a responding party and all information relating to163 |
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| 190 | 190 | | an incident of sexual violence, intimate partner violence, or stalking are confidential and164 |
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| 191 | 191 | | shall not be disclosed by the institution except as necessary to carry out a disciplinary165 |
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| 192 | 192 | | process or as otherwise permitted under state or federal law.166 23 LC 50 0522 |
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| 193 | 193 | | H. B. 677 |
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| 194 | 194 | | - 8 - |
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| 195 | 195 | | 20-3-702.167 |
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| 196 | 196 | | Each institution shall provide a reporting party and a responding party with written notice168 |
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| 197 | 197 | | of the institution's decision to hold a disciplinary proceeding regarding an allegation of169 |
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| 198 | 198 | | sexual violence, intimate partner violence, or stalking sufficiently in advance of a170 |
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| 199 | 199 | | disciplinary proceeding. The disciplinary proceeding shall provide due process, be prompt,171 |
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| 200 | 200 | | fair, and impartial, and shall include the opportunity for both parties to present witnesses172 |
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| 201 | 201 | | and other evidence.173 |
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| 202 | 202 | | 20-3-703.174 |
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| 203 | 203 | | (a) The Higher Education Interpersonal Violence Advisory Commission is created for the175 |
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| 204 | 204 | | purpose of developing a base interpersonal violence climate survey for dissemination to176 |
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| 205 | 205 | | institutions of higher education and for providing recommendations on the content, timing,177 |
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| 206 | 206 | | and application of the survey and reporting on the survey to the General Assembly.178 |
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| 207 | 207 | | (b) The commission shall comprise 22 members as follows:179 |
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| 208 | 208 | | (1) The chair of the board of regents or his or her designee;180 |
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| 209 | 209 | | (2) The commissioner of Department of Public Health or his or her designee;181 |
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| 210 | 210 | | (3) The following nine members appointed by the chair of the board of regents:182 |
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| 211 | 211 | | (A) One member representing a state-wide coalition of sexual assault support centers;183 |
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| 212 | 212 | | (B) One member representing an organization promoting racial equity and justice;184 |
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| 213 | 213 | | (C) One member representing a coalition against sexual assault and domestic violence;185 |
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| 214 | 214 | | (D) One member representing a state-wide organization for disability rights;186 |
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| 215 | 215 | | (E) One member representing a state-wide organization for lesbian, gay, bisexual, and187 |
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| 216 | 216 | | transgender people;188 |
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| 217 | 217 | | (F) One member representing a national advocacy organization focused on passing189 |
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| 218 | 218 | | state legislation written by students and survivors addressing campus sexual violence;190 |
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| 219 | 219 | | (G) One member representing a state-wide coalition of domestic violence resource191 |
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| 220 | 220 | | centers;192 23 LC 50 0522 |
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| 221 | 221 | | H. B. 677 |
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| 222 | 222 | | - 9 - |
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| 223 | 223 | | (H) One member representing an organization that advocates for immigrant193 |
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| 224 | 224 | | communities in this state; and194 |
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| 225 | 225 | | (I) One representative from a civil legal services provider representing sexual assault195 |
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| 226 | 226 | | survivors; and196 |
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| 227 | 227 | | (4) Eleven members appointed by the Governor:197 |
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| 228 | 228 | | (A) One student attending a public institution of higher education in this state;198 |
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| 229 | 229 | | (B) One student attending a private institution of higher education in this state;199 |
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| 230 | 230 | | (C) One student attending an institution in the Technical College System of Georgia;200 |
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| 231 | 231 | | (D) One representative of the University System of Georgia recommended by the201 |
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| 232 | 232 | | chancellor of the University System of Georgia;202 |
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| 233 | 233 | | (E) One representative of a private institution of higher education recommended by an203 |
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| 234 | 234 | | association of independent colleges in this state;204 |
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| 235 | 235 | | (F) One representative of the Technical College System of Georgia recommended by205 |
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| 236 | 236 | | the commissioner of the Technical College System of Georgia;206 |
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| 237 | 237 | | (G) One Title IX coordinator at a public institution of higher education in this state;207 |
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| 238 | 238 | | (H) One Title IX coordinator at a private institution of higher education in this state;208 |
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| 239 | 239 | | (I) One researcher with experience in the development and design of interpersonal209 |
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| 240 | 240 | | violence climate surveys;210 |
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| 241 | 241 | | (J) One researcher of statistics, data analytics, or econometrics with experience in211 |
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| 242 | 242 | | higher education survey analysis; and212 |
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| 243 | 243 | | (K) One representative of an on-campus health center at an institution of higher213 |
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| 244 | 244 | | education who has experience dealing with campus sexual violence, intimate partner214 |
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| 245 | 245 | | violence, or stalking.215 |
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| 246 | 246 | | (c) The university system shall provide appropriate staffing assistance to the commission.216 |
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| 247 | 247 | | (d) Each appointed member shall serve a two-year term except that, of those members first217 |
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| 248 | 248 | | appointed, five appointed by the Governor and five appointed by the chair of the board of218 |
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| 249 | 249 | | regents shall each be appointed for a one-year term. The term of office of each member219 23 LC 50 0522 |
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| 250 | 250 | | H. B. 677 |
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| 251 | 251 | | - 10 - |
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| 252 | 252 | | shall be designated at the time of appointment. A member of the commission may serve220 |
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| 253 | 253 | | after the expiration of that member's term until a successor has been appointed. Members221 |
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| 254 | 254 | | shall not be compensated.222 |
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| 255 | 255 | | (e) A quorum of the commission consists of two-thirds of appointed members.223 |
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| 256 | 256 | | (f) Beginning January 1, 2024, and biennially thereafter, the commission shall provide to224 |
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| 257 | 257 | | the chair of the board of regents the interpersonal violence climate survey developed in225 |
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| 258 | 258 | | accordance with subsections (g) and (h) of this Code section and shall include related226 |
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| 259 | 259 | | recommendations, including, but not limited to, recommendations on achieving statistically227 |
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| 260 | 260 | | valid response rates. The commission may make recommendations on legislative and228 |
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| 261 | 261 | | policy actions or on enforcing and carrying out the provisions of this article and may229 |
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| 262 | 262 | | undertake research development and program initiatives consistent with this article. The230 |
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| 263 | 263 | | commission shall meet at least four times per year. Subcommittees of the commission may231 |
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| 264 | 264 | | meet as necessary. The commission may accept funds from the federal government, local232 |
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| 265 | 265 | | governments, or individuals, foundations, or corporations and may expend these funds for233 |
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| 266 | 266 | | purposes that are consistent with this Code section. The commission may develop bylaws.234 |
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| 267 | 267 | | (g) The commission shall develop the interpersonal violence climate survey by:235 |
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| 268 | 268 | | (1) Using best practices from peer reviewed research and in consultation with individuals236 |
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| 269 | 269 | | with expertise in the development and use of interpersonal violence climate surveys by237 |
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| 270 | 270 | | institutions of higher education;238 |
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| 271 | 271 | | (2) Reviewing interpersonal violence climate surveys that have been developed and239 |
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| 272 | 272 | | previously used by institutions of higher education in other states;240 |
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| 273 | 273 | | (3) To ensure the adequacy and appropriateness of the proposed content, providing241 |
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| 274 | 274 | | opportunities for written comment from organizations that work directly with victims and242 |
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| 275 | 275 | | survivors of sexual violence, intimate partner violence, and stalking;243 |
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| 276 | 276 | | (4) Consulting with institutions on strategies for optimizing the effectiveness of the244 |
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| 277 | 277 | | interpersonal violence climate survey; and245 23 LC 50 0522 |
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| 278 | 278 | | H. B. 677 |
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| 279 | 279 | | - 11 - |
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| 280 | 280 | | (5) Accounting for the diverse needs and differences among the institutions of higher246 |
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| 281 | 281 | | education.247 |
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| 282 | 282 | | (h) The interpersonal violence climate survey shall collect anonymous responses and shall248 |
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| 283 | 283 | | not require the disclosure of personally identifiable information. The survey shall include249 |
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| 284 | 284 | | the survey requirements of the federal Violence Against Women Act Reauthorization Act250 |
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| 285 | 285 | | of 2022, P.L. 117-103, and shall be designed, without being duplicative of the federal251 |
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| 286 | 286 | | requirements, to gather the following information:252 |
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| 287 | 287 | | (1) The number of incidents, both reported and unreported, of sexual violence, intimate253 |
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| 288 | 288 | | partner violence, and stalking at each institution of higher education;254 |
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| 289 | 289 | | (2) Generally, when or where incidents of sexual violence, intimate partner violence, or255 |
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| 290 | 290 | | stalking occurred, including, but not limited to, on-campus, off-campus, abroad, online,256 |
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| 291 | 291 | | or elsewhere, but without requiring students or employees to disclose specific information257 |
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| 292 | 292 | | about any incident;258 |
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| 293 | 293 | | (3) Student and employee awareness of the institution's policies and procedures related259 |
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| 294 | 294 | | to sexual violence, intimate partner violence, and stalking;260 |
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| 295 | 295 | | (4) Whether a student or employee reported sexual violence, intimate partner violence,261 |
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| 296 | 296 | | or stalking and, if so, to which campus resource or law enforcement agency the report262 |
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| 297 | 297 | | was made, and, if not, the reason for such student's or employee's decision not to report;263 |
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| 298 | 298 | | (5) Whether a student or employee was informed of or referred to local, state, campus,264 |
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| 299 | 299 | | or other resources or victim support services, including appropriate medical care and265 |
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| 300 | 300 | | legal services;266 |
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| 301 | 301 | | (6) Whether a student or employee was provided the option of protection from267 |
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| 302 | 302 | | retaliation, access to school based accommodations, and criminal justice remedies;268 |
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| 303 | 303 | | (7) Contextual factors of each incident of sexual violence, intimate partner violence, or269 |
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| 304 | 304 | | stalking, such as the involvement of force, incapacitation, coercion, or drug or alcohol270 |
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| 305 | 305 | | facilitation;271 23 LC 50 0522 |
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| 306 | 306 | | H. B. 677 |
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| 307 | 307 | | - 12 - |
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| 308 | 308 | | (8) Demographic information that could be used to identify at-risk groups including but272 |
|---|
| 309 | 309 | | not limited to gender, race, and sexual orientation;273 |
|---|
| 310 | 310 | | (9) Perceptions of campus safety among members of the campus community and274 |
|---|
| 311 | 311 | | confidence in the institution's ability to protect against and respond in a timely and trauma275 |
|---|
| 312 | 312 | | informed manner to incidents of sexual violence, intimate partner violence, or stalking;276 |
|---|
| 313 | 313 | | (10) Whether a reporting party was satisfied with the institution of higher education's277 |
|---|
| 314 | 314 | | response to the reporting party's report;278 |
|---|
| 315 | 315 | | (11) Whether the student has chosen to withdraw or take a leave of absence from the279 |
|---|
| 316 | 316 | | institution or transferred to another institution due to being either the reporting party or280 |
|---|
| 317 | 317 | | the responding party in an allegation of sexual violence, intimate partner violence, or281 |
|---|
| 318 | 318 | | stalking;282 |
|---|
| 319 | 319 | | (12) Whether a student has withdrawn from any classes or been placed on academic283 |
|---|
| 320 | 320 | | probation as a result of an incident or allegation of sexual violence, intimate partner284 |
|---|
| 321 | 321 | | violence, or stalking; and285 |
|---|
| 322 | 322 | | (13) Answers to any other questions developed by the commission.286 |
|---|
| 323 | 323 | | 20-3-704.287 |
|---|
| 324 | 324 | | (a) The chair of the board of regents shall provide the interpersonal violence climate288 |
|---|
| 325 | 325 | | survey biennially to each institution, and each institution shall biennially conduct the289 |
|---|
| 326 | 326 | | interpersonal violence climate survey on each campus. Each institution may append290 |
|---|
| 327 | 327 | | campus-specific questions to the survey; provided, however, that any additional questions291 |
|---|
| 328 | 328 | | shall not require the disclosure of any personally identifiable information and shall not be292 |
|---|
| 329 | 329 | | unnecessarily traumatizing for victims of sexual violence, intimate partner violence, or293 |
|---|
| 330 | 330 | | stalking. All students and employees shall be offered an opportunity to complete part or294 |
|---|
| 331 | 331 | | all of the interpersonal violence climate survey.295 |
|---|
| 332 | 332 | | (b) Within 120 days after completion of the interpersonal violence climate survey, each296 |
|---|
| 333 | 333 | | institution shall submit a summary of the results and the aggregate data supporting the297 23 LC 50 0522 |
|---|
| 334 | 334 | | H. B. 677 |
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| 335 | 335 | | - 13 - |
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| 336 | 336 | | results, with any personally identifiable information removed or redacted, to the chair of298 |
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| 337 | 337 | | the board of regents and shall post the following on the institution's publicly accessible299 |
|---|
| 338 | 338 | | website in a way that does not personally identify any student or employee:300 |
|---|
| 339 | 339 | | (1) The summary of the results of the survey;301 |
|---|
| 340 | 340 | | (2) The annual security report completed pursuant to 20 U.S.C. Section 1092(f); and302 |
|---|
| 341 | 341 | | (3) A link to the department's state-wide interpersonal violence climate survey data303 |
|---|
| 342 | 342 | | pursuant to subsection (c) of this Code section.304 |
|---|
| 343 | 343 | | (c) The department shall establish a data repository for all summaries and anonymized and305 |
|---|
| 344 | 344 | | aggregated data of interpersonal violence climate surveys submitted by institutions. The306 |
|---|
| 345 | 345 | | department shall ensure that the interpersonal violence climate survey data submitted by307 |
|---|
| 346 | 346 | | all institutions in accordance with subsection (b) of this Code section are available to the308 |
|---|
| 347 | 347 | | public in an easily accessible manner on the department's publicly accessible website.309 |
|---|
| 348 | 348 | | (d) The interpersonal violence climate survey shall be designed to collect anonymous310 |
|---|
| 349 | 349 | | responses and shall not publicly disclose any personally identifying information. An311 |
|---|
| 350 | 350 | | institution of higher education may not use or attempt to use information collected through312 |
|---|
| 351 | 351 | | the interpersonal violence climate survey to identify or contact any individual student or313 |
|---|
| 352 | 352 | | employee on campus, nor may the responses to the survey be used as the basis for any type314 |
|---|
| 353 | 353 | | of investigation or disciplinary or legal proceeding.315 |
|---|
| 354 | 354 | | 20-3-705.316 |
|---|
| 355 | 355 | | (a) Each institution shall designate at least one confidential resource advisor to provide317 |
|---|
| 356 | 356 | | emergency and ongoing support to survivors of sexual violence, intimate partner violence,318 |
|---|
| 357 | 357 | | or stalking. The confidential resource advisor shall be designated based on the confidential319 |
|---|
| 358 | 358 | | resource advisor's experience in advocating on behalf of victims of sexual assault or320 |
|---|
| 359 | 359 | | domestic violence and a demonstrated ability to effectively provide victim services related321 |
|---|
| 360 | 360 | | to sexual violence, intimate partner violence, or stalking. The confidential resource advisor322 |
|---|
| 361 | 361 | | may have another role at the institution of higher education but shall not be a student or a323 23 LC 50 0522 |
|---|
| 362 | 362 | | H. B. 677 |
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| 363 | 363 | | - 14 - |
|---|
| 364 | 364 | | Title IX coordinator and shall not have any other job responsibilities that may create a324 |
|---|
| 365 | 365 | | conflict of interest, including, but not limited to, being general counsel, director of325 |
|---|
| 366 | 366 | | athletics, dean of students, or an employee who serves on a judicial or hearing board326 |
|---|
| 367 | 367 | | overseeing reports of sexual violence, intimate partner violence, or stalking or to whom an327 |
|---|
| 368 | 368 | | appeal of such a proceeding might be made. The confidential resource advisor shall328 |
|---|
| 369 | 369 | | maintain a physical presence on campus that provides the confidential resource advisor a329 |
|---|
| 370 | 370 | | place to meet discreetly and privately with students or employees in person or remotely.330 |
|---|
| 371 | 371 | | An institution may contract or partner with a local, state, or national victim advocacy331 |
|---|
| 372 | 372 | | organization to provide a confidential resource advisor under this subsection.332 |
|---|
| 373 | 373 | | (b) Each institution of higher education shall designate existing categories of employees333 |
|---|
| 374 | 374 | | who may also serve as confidential resource advisors. This subsection may not be334 |
|---|
| 375 | 375 | | construed to limit an institution of higher education from designating a new or existing335 |
|---|
| 376 | 376 | | employee as a confidential resource advisor. An institution of higher education that enrolls336 |
|---|
| 377 | 377 | | fewer than 1,000 residential students may partner with another institution of higher337 |
|---|
| 378 | 378 | | education or local sexual assault support center to provide the services under this Code338 |
|---|
| 379 | 379 | | section. Any partnership entered into under this subsection shall ensure that the339 |
|---|
| 380 | 380 | | confidential resource advisor is available to a student or employee within a reasonable340 |
|---|
| 381 | 381 | | distance from the student's institution of higher education.341 |
|---|
| 382 | 382 | | (c) A confidential resource advisor shall receive the following training:342 |
|---|
| 383 | 383 | | (1) Prior to designation as a confidential resource advisor, 40 hours of training on sexual343 |
|---|
| 384 | 384 | | violence, intimate partner violence, and stalking;344 |
|---|
| 385 | 385 | | (2) Training regarding unconscious biases related to race, gender, and sexuality;345 |
|---|
| 386 | 386 | | (3) Training regarding awareness and prevention of sexual violence, intimate partner346 |
|---|
| 387 | 387 | | violence, or stalking, relevant federal policies, the institution's policy under Code Section347 |
|---|
| 388 | 388 | | 20-3-701, and trauma informed responses; and348 |
|---|
| 389 | 389 | | (4) Twenty hours of educational training annually on issues related to sexual violence,349 |
|---|
| 390 | 390 | | intimate partner violence, and stalking, including, but not limited to, awareness and350 23 LC 50 0522 |
|---|
| 391 | 391 | | H. B. 677 |
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| 392 | 392 | | - 15 - |
|---|
| 393 | 393 | | prevention of sexual violence, intimate partner violence, and stalking and trauma351 |
|---|
| 394 | 394 | | informed responses.352 |
|---|
| 395 | 395 | | (d) A confidential resource advisor shall coordinate with on-campus, if any, and353 |
|---|
| 396 | 396 | | off-campus sexual assault support centers and domestic violence resource centers within354 |
|---|
| 397 | 397 | | a reasonable time after being designated as a confidential resource advisor.355 |
|---|
| 398 | 398 | | (e) A confidential resource advisor shall be responsible for providing the following356 |
|---|
| 399 | 399 | | information and resources regarding incidents of sexual violence, intimate partner violence,357 |
|---|
| 400 | 400 | | or stalking to students and employees:358 |
|---|
| 401 | 401 | | (1) Reporting options and the probable effects of each option;359 |
|---|
| 402 | 402 | | (2) Counseling services available on campus and through a local sexual assault support360 |
|---|
| 403 | 403 | | center or domestic violence resource center;361 |
|---|
| 404 | 404 | | (3) Medical and mental health services available on campus and off campus;362 |
|---|
| 405 | 405 | | (4) When requested, campus escort services for security;363 |
|---|
| 406 | 406 | | (5) Available supportive measures, including academic and residential life364 |
|---|
| 407 | 407 | | accommodations;365 |
|---|
| 408 | 408 | | (6) For students considering temporary or permanent withdrawal or reduced enrollment,366 |
|---|
| 409 | 409 | | student loan counseling, including, but not limited to, information regarding loan367 |
|---|
| 410 | 410 | | deferment, forbearance, or other applicable student loan programs;368 |
|---|
| 411 | 411 | | (7) The institution's investigative, disciplinary, and nondisciplinary processes;369 |
|---|
| 412 | 412 | | (8) The legal process of local, state, and federal law enforcement agencies;370 |
|---|
| 413 | 413 | | (9) That the institution of higher education's disciplinary process is not to be considered371 |
|---|
| 414 | 414 | | a substitute for the criminal justice process; and372 |
|---|
| 415 | 415 | | (10) Any limits on the ability of the confidential resource advisor to keep private or373 |
|---|
| 416 | 416 | | confidential the information of the student or employee.374 |
|---|
| 417 | 417 | | (f) If requested by the reporting party, the confidential resource advisor, using only the375 |
|---|
| 418 | 418 | | student or employee's identifying information, shall coordinate with the campus resources376 |
|---|
| 419 | 419 | | to arrange possible school provided supportive measures, including those available through377 23 LC 50 0522 |
|---|
| 420 | 420 | | H. B. 677 |
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| 421 | 421 | | - 16 - |
|---|
| 422 | 422 | | any memoranda of understanding with sexual assault support centers and domestic violence378 |
|---|
| 423 | 423 | | resource centers, and including, but not limited to:379 |
|---|
| 424 | 424 | | (1) Changes in academic status, dining, housing, transportation, or campus employment;380 |
|---|
| 425 | 425 | | (2) Access to counseling and other mental health services;381 |
|---|
| 426 | 426 | | (3) Excused absences, academic counseling, and tutoring;382 |
|---|
| 427 | 427 | | (4) Academic course work accommodations;383 |
|---|
| 428 | 428 | | (5) Financial resources that are under the control of the institution, including if a student384 |
|---|
| 429 | 429 | | has to withdraw from a class or the institution entirely, such as tuition credit,385 |
|---|
| 430 | 430 | | opportunities to withdraw or reenroll in a course without academic or financial penalty,386 |
|---|
| 431 | 431 | | and continued eligibility for scholarships and honors; and387 |
|---|
| 432 | 432 | | (6) Supportive measures that may be obtained, when appropriate, through disability388 |
|---|
| 433 | 433 | | services and the Title IX coordinator at the institution of higher education.389 |
|---|
| 434 | 434 | | (g) A confidential resource advisor, regarding an alleged incident of sexual violence,390 |
|---|
| 435 | 435 | | intimate partner violence, or stalking reported to the advisor:391 |
|---|
| 436 | 436 | | (1) Shall notify all campus resources involved in providing or enforcing supportive392 |
|---|
| 437 | 437 | | measures or accommodations of their duties;393 |
|---|
| 438 | 438 | | (2) May, if appropriate and directed by a student or employee, assist the student or394 |
|---|
| 439 | 439 | | employee in contacting or reporting to campus or local law enforcement agencies;395 |
|---|
| 440 | 440 | | (3) Shall notify a student or employee of the student's or employee's rights and the396 |
|---|
| 441 | 441 | | institution's responsibility regarding a protection order, no-contact order, or any other397 |
|---|
| 442 | 442 | | lawful order issued by the institution or a court;398 |
|---|
| 443 | 443 | | (4) May not be required to report the incident to the institution or a law enforcement399 |
|---|
| 444 | 444 | | agency unless otherwise required to do so by state or federal law and shall provide400 |
|---|
| 445 | 445 | | confidential services to students or employees;401 |
|---|
| 446 | 446 | | (5) May attend an administrative adjudication proceeding or the institution's disciplinary402 |
|---|
| 447 | 447 | | proceeding as an advisor or support person of a student's or employee's choice;403 23 LC 50 0522 |
|---|
| 448 | 448 | | H. B. 677 |
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| 449 | 449 | | - 17 - |
|---|
| 450 | 450 | | (6) May disclose confidential information with the prior written consent of the reporting404 |
|---|
| 451 | 451 | | party or if required by state or federal law;405 |
|---|
| 452 | 452 | | (7) May not provide services to both the reporting party and the responding party to the406 |
|---|
| 453 | 453 | | incident of sexual violence, intimate partner violence, or stalking; and407 |
|---|
| 454 | 454 | | (8) May not act as a counselor or therapist unless the confidential resource advisor is a408 |
|---|
| 455 | 455 | | licensed counselor in this state and the student or employee engages the confidential409 |
|---|
| 456 | 456 | | resource advisor in that capacity.410 |
|---|
| 457 | 457 | | (h) A report to a confidential resource advisor of an alleged incident of sexual violence,411 |
|---|
| 458 | 458 | | intimate partner violence, or stalking or a confidential resource advisor's performance of412 |
|---|
| 459 | 459 | | a service under this Code section may not be considered actual or constructive notice of413 |
|---|
| 460 | 460 | | such an alleged incident to the institution of higher education at which the confidential414 |
|---|
| 461 | 461 | | resource advisor is employed or provides contracted services.415 |
|---|
| 462 | 462 | | (i) If a conflict of interest arises for an institution in which a confidential resource advisor416 |
|---|
| 463 | 463 | | is advocating for a reporting party's need for sexual assault support services or campus or417 |
|---|
| 464 | 464 | | local law enforcement agency services, the institution may not discipline, penalize, or418 |
|---|
| 465 | 465 | | otherwise retaliate against the confidential resource advisor for representing the interest of419 |
|---|
| 466 | 466 | | the reporting party.420 |
|---|
| 467 | 467 | | (j) Communications between a reporting party and a confidential resource advisor are421 |
|---|
| 468 | 468 | | privileged from disclosure as follows:422 |
|---|
| 469 | 469 | | (1) A reporting party may refuse to disclose and may deny permission to a confidential423 |
|---|
| 470 | 470 | | resource advisor to disclose confidential written or oral communications between the424 |
|---|
| 471 | 471 | | reporting party and the confidential resource advisor, including any written records,425 |
|---|
| 472 | 472 | | notes, memoranda, or reports concerning the reporting party;426 |
|---|
| 473 | 473 | | (2) Except as provided in paragraph (3) of this subsection, a confidential resource427 |
|---|
| 474 | 474 | | advisor may not be required, through oral or written testimony or through production of428 |
|---|
| 475 | 475 | | documents, to disclose to a court in criminal or civil proceedings or to any agency or429 23 LC 50 0522 |
|---|
| 476 | 476 | | H. B. 677 |
|---|
| 477 | 477 | | - 18 - |
|---|
| 478 | 478 | | person any privileged communications between the reporting party and the confidential430 |
|---|
| 479 | 479 | | resource advisor and;431 |
|---|
| 480 | 480 | | (3) Privileged communications may be disclosed in the following circumstances:432 |
|---|
| 481 | 481 | | (A) When disclosure is required pursuant to state law and that disclosure is in433 |
|---|
| 482 | 482 | | accordance with such law;434 |
|---|
| 483 | 483 | | (B) When a court in the exercise of its discretion determines the disclosure of the435 |
|---|
| 484 | 484 | | information necessary to proper administration of justice, an inspection of records may436 |
|---|
| 485 | 485 | | be held in camera by the judge to determine whether such records contain relevant437 |
|---|
| 486 | 486 | | information. Such proceeding shall not entitle an opposing party to examine the438 |
|---|
| 487 | 487 | | records unless such records are made available by the court; and439 |
|---|
| 488 | 488 | | (C) When a reporting party dies or is incapable of giving consent and disclosure is440 |
|---|
| 489 | 489 | | required for an official law enforcement agency investigation or criminal proceeding441 |
|---|
| 490 | 490 | | regarding the cause of the victim's death or incapacitation.442 |
|---|
| 491 | 491 | | (k) Notwithstanding any provision of law to the contrary, a criminal justice agency,443 |
|---|
| 492 | 492 | | whether directly or through any intermediary, may disseminate confidential criminal444 |
|---|
| 493 | 493 | | history record information to a confidential resource advisor for the purpose of planning445 |
|---|
| 494 | 494 | | for the safety of the party the confidential resource advisor is advising. A confidential446 |
|---|
| 495 | 495 | | resource advisor who receives confidential criminal history record information pursuant447 |
|---|
| 496 | 496 | | to this subsection shall use it solely for the purpose authorized by this subsection and may448 |
|---|
| 497 | 497 | | not further disseminate the information.449 |
|---|
| 498 | 498 | | (l) Nothing in this Code section may be construed to limit the reporting party's or450 |
|---|
| 499 | 499 | | responding party's right of cross-examination of the confidential resource advisor in a civil451 |
|---|
| 500 | 500 | | or criminal proceeding if the confidential resource advisor testifies after written consent has452 |
|---|
| 501 | 501 | | been given or in accordance with this Code section.453 23 LC 50 0522 |
|---|
| 502 | 502 | | H. B. 677 |
|---|
| 503 | 503 | | - 19 - |
|---|
| 504 | 504 | | 20-3-706.454 |
|---|
| 505 | 505 | | An institution of higher education, with guidance from its Title IX coordinator, a local law455 |
|---|
| 506 | 506 | | enforcement agency, and the sexual assault support center or the domestic violence456 |
|---|
| 507 | 507 | | resource center identified in the institution's policy under Code Section 20-3-701, shall457 |
|---|
| 508 | 508 | | provide mandatory prevention and awareness programming on sexual violence, intimate458 |
|---|
| 509 | 509 | | partner violence, and stalking for all incoming students and all employees of the institution.459 |
|---|
| 510 | 510 | | The institution shall make available prevention and awareness programming to all returning460 |
|---|
| 511 | 511 | | students of the institution. The prevention and awareness programming shall include:461 |
|---|
| 512 | 512 | | (1) An explanation of affirmative consent as it applies to sexual activity and sexual462 |
|---|
| 513 | 513 | | relationships;463 |
|---|
| 514 | 514 | | (2) The role drugs and alcohol play in an individual's ability to provide affirmative464 |
|---|
| 515 | 515 | | consent;465 |
|---|
| 516 | 516 | | (3) Information on options relating to the reporting of an incident of sexual violence,466 |
|---|
| 517 | 517 | | intimate partner violence, or stalking, the probable effects and potential outcomes of each467 |
|---|
| 518 | 518 | | option, and the methods to report an incident of sexual violence, intimate partner468 |
|---|
| 519 | 519 | | violence, or stalking, including confidential and anonymous disclosure;469 |
|---|
| 520 | 520 | | (4) Information on the institution's procedures for resolving reports of sexual violence,470 |
|---|
| 521 | 521 | | intimate partner violence, and stalking and the range of sanctions or penalties the471 |
|---|
| 522 | 522 | | institution may impose on students and employees found responsible for a violation of472 |
|---|
| 523 | 523 | | a policy and related procedures adopted under Code Section 20-3-701;473 |
|---|
| 524 | 524 | | (5) The name, contact information, and role of the confidential resource advisor;474 |
|---|
| 525 | 525 | | information about the local sexual assault support center, its confidential services, and475 |
|---|
| 526 | 526 | | how to access those services; information about the domestic violence resource center,476 |
|---|
| 527 | 527 | | its confidential services, and how to access those services; and the name and contact477 |
|---|
| 528 | 528 | | information of all other personnel governed by confidentiality policies at the institution;478 |
|---|
| 529 | 529 | | (6) Strategies for bystander intervention and risk reduction;479 23 LC 50 0522 |
|---|
| 530 | 530 | | H. B. 677 |
|---|
| 531 | 531 | | - 20 - |
|---|
| 532 | 532 | | (7) Opportunities for ongoing sexual violence, intimate partner violence, and stalking480 |
|---|
| 533 | 533 | | prevention and awareness programming, including through ongoing campaigns; and481 |
|---|
| 534 | 534 | | (8) An approach to training that recognizes and is sensitive to the disproportionate482 |
|---|
| 535 | 535 | | impacts and rates of occurrence of sexual violence, intimate partner violence, and stalking483 |
|---|
| 536 | 536 | | on members of marginalized groups, including, but not limited to, people of color, people484 |
|---|
| 537 | 537 | | with disabilities, and lesbian, gay, bisexual, and transgender people.485 |
|---|
| 538 | 538 | | 20-3-707.486 |
|---|
| 539 | 539 | | (a) Each institution of higher education shall ensure that its Title IX coordinator and487 |
|---|
| 540 | 540 | | members of its campus police force or campus safety personnel employed by the institution488 |
|---|
| 541 | 541 | | undergo annual training in awareness of sexual violence, intimate partner violence, and489 |
|---|
| 542 | 542 | | stalking and trauma informed responses.490 |
|---|
| 543 | 543 | | (b) Any individual who participates in the implementation of an institution's disciplinary491 |
|---|
| 544 | 544 | | process under this article, including, but not limited to, any individuals responsible for492 |
|---|
| 545 | 545 | | resolving reports of incidents of sexual violence, intimate partner violence, and stalking,493 |
|---|
| 546 | 546 | | shall be trained or have experience in handling such reports and the operations of the494 |
|---|
| 547 | 547 | | institution's disciplinary practice. Such training shall include, but shall not be limited to:495 |
|---|
| 548 | 548 | | (1) Information about providing trauma informed responses when working with and496 |
|---|
| 549 | 549 | | interviewing victims of an alleged incident of sexual violence, intimate partner violence,497 |
|---|
| 550 | 550 | | or stalking;498 |
|---|
| 551 | 551 | | (2) Information on particular types of conduct that constitute sexual violence, intimate499 |
|---|
| 552 | 552 | | partner violence, and stalking;500 |
|---|
| 553 | 553 | | (3) Information on affirmative consent and the role drugs and alcohol may play in an501 |
|---|
| 554 | 554 | | individual's ability to consent;502 |
|---|
| 555 | 555 | | (4) The effects of trauma, including any neurobiological impact, on an individual;503 |
|---|
| 556 | 556 | | (5) Cultural competency training regarding how sexual violence, intimate partner504 |
|---|
| 557 | 557 | | violence, and stalking may affect students or employees differently depending on factors505 23 LC 50 0522 |
|---|
| 558 | 558 | | H. B. 677 |
|---|
| 559 | 559 | | - 21 - |
|---|
| 560 | 560 | | that contribute to a student's or employee's cultural background, including, but not limited506 |
|---|
| 561 | 561 | | to, national origin, sex, ethnicity, religion, gender identity, gender expression, and sexual507 |
|---|
| 562 | 562 | | orientation;508 |
|---|
| 563 | 563 | | (6) Methods of communicating sensitively and compassionately with a reporting party509 |
|---|
| 564 | 564 | | including, but not limited to, an awareness of responding to a reporting party with510 |
|---|
| 565 | 565 | | consideration of such party's cultural background and providing services to or assisting511 |
|---|
| 566 | 566 | | in locating services for the reporting party;512 |
|---|
| 567 | 567 | | (7) Information regarding how sexual violence, intimate partner violence and, stalking513 |
|---|
| 568 | 568 | | may affect students or employees with developmental or intellectual disabilities; and514 |
|---|
| 569 | 569 | | (8) Methods of communicating sensitively with a responding party, including an515 |
|---|
| 570 | 570 | | awareness of the emotional impact of an allegation of sexual violence, intimate partner516 |
|---|
| 571 | 571 | | violence, and stalking.517 |
|---|
| 572 | 572 | | 20-3-708.518 |
|---|
| 573 | 573 | | By March 1, 2024, and annually thereafter, each institution of higher education shall519 |
|---|
| 574 | 574 | | prepare and submit to the board of regents, the commissioner of Department of Public520 |
|---|
| 575 | 575 | | Health, and the committees of the General Assembly having jurisdiction over higher521 |
|---|
| 576 | 576 | | education matters the annual security report required under the federal Jeanne Clery522 |
|---|
| 577 | 577 | | Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 U.S.C. Section523 |
|---|
| 578 | 578 | | 1092(f).524 |
|---|
| 579 | 579 | | 20-3-709.525 |
|---|
| 580 | 580 | | A reporting party or a witness who requests an investigation of sexual violence, intimate526 |
|---|
| 581 | 581 | | partner violence, or stalking may not be subject to a disciplinary proceeding or sanction or527 |
|---|
| 582 | 582 | | penalty for a violation of the institution's student conduct policy related to drug or alcohol528 |
|---|
| 583 | 583 | | use, trespassing, or unauthorized entry of the institution's facilities that comes to the529 |
|---|
| 584 | 584 | | attention of the institution as part of that report or investigation of sexual violence, intimate530 23 LC 50 0522 |
|---|
| 585 | 585 | | H. B. 677 |
|---|
| 586 | 586 | | - 22 - |
|---|
| 587 | 587 | | partner violence, or stalking unless the institution determines that the report was not made531 |
|---|
| 588 | 588 | | in good faith or that the violation was egregious. An egregious violation shall include, but532 |
|---|
| 589 | 589 | | not be limited to, taking an action that places the health and safety of another person at risk.533 |
|---|
| 590 | 590 | | This Code section may not be construed to limit the ability of an institution to establish an534 |
|---|
| 591 | 591 | | immunity policy for student conduct violations not mentioned in this Code section.535 |
|---|
| 592 | 592 | | 20-3-710.536 |
|---|
| 593 | 593 | | (a) No later than January 1, 2024, an institution of higher education shall enter into and537 |
|---|
| 594 | 594 | | maintain a memorandum of understanding with a sexual assault support center and538 |
|---|
| 595 | 595 | | domestic violence resource center to:539 |
|---|
| 596 | 596 | | (1) Provide an off-campus option for students and employees of the institution to receive540 |
|---|
| 597 | 597 | | free and confidential sexual assault crisis services, including access to a sexual assault541 |
|---|
| 598 | 598 | | nurse examiner, if available, or free and confidential domestic violence crisis services;542 |
|---|
| 599 | 599 | | (2) Ensure that a student or employee of the institution may access free and confidential543 |
|---|
| 600 | 600 | | advocacy services either on campus or off campus related to sexual violence, intimate544 |
|---|
| 601 | 601 | | partner violence, or stalking;545 |
|---|
| 602 | 602 | | (3) Ensure cooperation and training between the institution and the sexual assault support546 |
|---|
| 603 | 603 | | center or domestic violence resource center regarding the roles that the institution, sexual547 |
|---|
| 604 | 604 | | assault support center, and domestic violence resource center should play in responding548 |
|---|
| 605 | 605 | | to reports and disclosures of sexual violence, intimate partner violence, and stalking549 |
|---|
| 606 | 606 | | against students and employees of the institution and the institution's protocols for550 |
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| 607 | 607 | | providing support and services to such students and employees;551 |
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| 608 | 608 | | (4) Ensure that a student or employee of the institution has access to mental health552 |
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| 609 | 609 | | services, either on campus or off campus, relating to sexual violence, intimate partner553 |
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| 610 | 610 | | violence, or stalking; and554 23 LC 50 0522 |
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| 611 | 611 | | H. B. 677 |
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| 612 | 612 | | - 23 - |
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| 613 | 613 | | (5) Make referrals for civil legal representation to assist with civil protections, including,555 |
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| 614 | 614 | | but not limited to, those related to protections under Title IX of the federal Education556 |
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| 615 | 615 | | Amendments of 1972, P.L. 92-318, as amended, or protection from abuse orders.557 |
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| 616 | 616 | | (b) A memorandum of understanding as provided for in subsection (a) of this Code section558 |
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| 617 | 617 | | may include an agreement, including a fee structure, between the sexual assault support559 |
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| 618 | 618 | | center or domestic violence resource center and the institution of higher education to560 |
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| 619 | 619 | | provide confidential victim services. Confidential victim services may include case561 |
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| 620 | 620 | | consultation and training fees for confidential resource advisors, consultation fees for the562 |
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| 621 | 621 | | development and implementation of sexual violence, intimate partner violence, and563 |
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| 622 | 622 | | stalking education and prevention programs for students and employees, the development564 |
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| 623 | 623 | | of trauma informed response staff training and prevention curricula, and private on-site565 |
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| 624 | 624 | | office space for an advocate from the sexual assault support center and domestic violence566 |
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| 625 | 625 | | resource center to meet with students or employees."567 |
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| 626 | 626 | | SECTION 2.568 |
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| 627 | 627 | | All laws and parts of laws in conflict with this Act are repealed.569 |
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