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2015 Regular Session
SENATE BILL NO. 255
BY SENATORS MORRELL, APPEL AND PETERSON AND REPRESENTATIVES
ADAMS, WESLEY BISHOP, GISCLAIR AND PATRICK WILLIAMS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
POSTSECONDARY ED. Provides relative to sexual assault on college campuses. (gov sig)
1 AN ACT
2 To enact R.S. 17:3351(H) and Part XII of Chapter 26 of Title 17 of the Louisiana Revised
3 Statutes of 1950, to be comprised of R.S. 17:3399.11 through 3399.15, relative to
4 sexual assault on campuses of postsecondary institutions; to provide for the general
5 powers, duties, and functions of postsecondary management boards; to require
6 annual anonymous sexual assault climate surveys to be conducted; to provide for
7 procedures; to provide for reporting; and to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 17:3351(H) and Part XII of Chapter 26 of Title 17 of the Louisiana
10 Revised Statutes of 1950, comprised of R.S. 17:3399.11 through 3399.15, are hereby enacted
11 to read as follows:
12 §3351. General powers, duties, and functions of college and university boards
13 * * *
14 H.(1)(a) When funding is made available, each public postsecondary
15 institution shall administer an annual, anonymous sexual assault climate survey
16 to its students.
17 (b) Participation in the sexual assault climate survey shall be voluntary.
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1 No student shall be required or coerced to participate in the survey and shall
2 face no retribution or negative consequence of any kind for declining to
3 participate.
4 (c) The Board of Regents, in consultation with the public postsecondary
5 education management boards, shall develop the survey and establish
6 procedures for the administration of the survey and shall use the survey
7 developed by the Center on Violence Against Women and Children at the
8 Rutgers University School of Social Work as a model.
9 (2) Each public postsecondary institution shall:
10 (a) Administer the survey to students who choose to participate.
11 (b) Report school-specific results of the survey to the Board of Regents.
12 (3) The Board of Regents shall:
13 (a) Submit a written report not later than September first of each year
14 regarding the survey results of each public postsecondary institution and the
15 state as a whole to the governor and the Senate and House of Representatives
16 committees on education for the previous academic year.
17 (b) Publish the survey results on the board's website and in any other
18 location or venue the board deems necessary or appropriate.
19 (4) The provisions of this Subsection shall be implemented as
20 expeditiously and to the maximum extent possible utilizing any and all available
21 funding sources, including funding provided by the legislature.
22 * * *
23 PART XII. CAMPUS ACCOUNTABILITY AND SAF ETY
24 §3399.11. Short Title
25 This Part may be referred to as the Campus Accountability and Safety
26 Act.
27 §3399.12. Scope
28 Each public postsecondary institution in this state that receives any Title
29 IV funding from the United States Department of Education shall be subject to
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1 all the provisions of this Part.
2 §3399.13. Definitions
3 For the purposes of this Part, the following terms shall have the following
4 meanings unless the context clearly indicates otherwise:
5 (1) "Institution" means a postsecondary institution as defined in R.S.
6 17:3399.12.
7 (2) "President" means the president of the system of the respective
8 institution.
9 (3) "Sexually-oriented criminal offense" includes any sexual assault
10 offense as defined in R.S. 44:51 and any sexual abuse offense as defined in R.S.
11 14:403.
12 (4) "Title IX coordinator" means the individual designated as a
13 responsible employee in Section 106.8(a) of Title 34, Code of Federal
14 Regulations, as such section is in effect on the date of enactment of this Part.
15 §3399.14. Coordination with local law enforcement
16 A. Each institution and law enforcement and criminal justice agency
17 located within the parish of the campus of the institution shall enter into a
18 memorandum of understanding to clearly delineate responsibilities and share
19 information in accordance with applicable federal and state confidentiality laws,
20 including but not limited to trends about sexually-oriented criminal offenses
21 occurring against students of the institution.
22 B. The Board of Regents' Uniform Policy on Sexual Assault shall require
23 that the memorandum of understanding, as described in Subsection A of this
24 Section, be updated every two years.
25 C. Each memorandum of understanding entered into pursuant to this
26 Part shall include:
27 (1) Delineation and sharing protocols of investigative responsibilities.
28 (2) Protocols for investigations, including standards for notification and
29 communication and measures to promote evidence preservation.
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1 (3) Agreed upon training and requirements for the parties to the
2 memorandum of understanding on issues related to sexually-oriented criminal
3 offenses for the purpose of sharing information and coordinating training to the
4 extent possible.
5 (4) A method of sharing general information about sexually-oriented
6 criminal offenses occurring within the jurisdiction of the parties to the
7 memorandum of understanding in order to improve campus safety.
8 D. The local law enforcement agency shall include information on its
9 police report regarding the status of the alleged victim as a student at an
10 institution as defined in this Part.
11 E. The institution shall not be held liable if the local law enforcement
12 agency refuses to enter into a memorandum of understanding as required by
13 this Section.
14 §3399.15. Campus security policy
15 The Board of Regents shall establish uniform policies and best practices
16 to implement measures to address the reporting of sexually-oriented criminal
17 offenses on postsecondary campuses, the prevention of such crimes, and the
18 medical and mental health care needed for these alleged victims that includes
19 the following:
20 A.(1) Confidential advisors. The institution shall designate individuals
21 who shall serve as confidential advisors, such as health care staff, clergy, staff
22 of a women's center, or other such categories. Such designation shall not
23 preclude the institution from partnering with national, state, or local victim
24 services organizations to serve as confidential advisors or to serve in other
25 confidential roles.
26 (2) The confidential advisor shall complete the training requirements as
27 provided in this Part.
28 (3) Not later than January 1, 2016, the attorney general in collaboration
29 with the Board of Regents, shall develop online training materials, in addition
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1 to the training required under this Part, for the training of confidential
2 advisors.
3 (4) The confidential advisor shall inform the alleged victim of the
4 following:
5 (a) The rights of the alleged victim under federal and state law and the
6 policies of the institution.
7 (b) The alleged victim's reporting options, including the option to notify
8 the institution, the option to notify local law enforcement, and any other
9 reporting options.
10 (c) If reasonably known, the potential consequences of the reporting
11 options provided in this Part.
12 (d) The process of investigation and disciplinary proceedings of the
13 institution.
14 (e) The process of investigation and adjudication of the criminal justice
15 system.
16 (f) That the institutional student disciplinary proceeding has limited
17 jurisdiction, scope, and available sanctions, and should not be considered a
18 substitute for the criminal justice process.
19 (g) Potential reasonable accommodations that the institution may
20 provide to an alleged victim.
21 (h) The name and location of the nearest medical facility where an
22 alleged victim may have a rape kit administered by an individual trained in
23 sexual assault forensic medical examination and evidence collection, and
24 information on transportation options and available reimbursement for a visit
25 to such facility.
26 (5) The confidential advisor may, as appropriate, serve as a liaison
27 between an alleged victim and the institution or local law enforcement, when
28 directed to do so in writing by an alleged victim who has been fully and
29 accurately informed about what procedures shall occur if information is shared,
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1 and assist an alleged victim in contacting and reporting to a responsible
2 employee or local law enforcement.
3 (6) The confidential advisor shall be authorized by the institution to liaise
4 with appropriate staff at the institution to arrange reasonable accommodations
5 through the institution to allow the alleged victim to change living arrangements
6 or class schedules, obtain accessibility services, or arrange other
7 accommodations.
8 (7) The confidential advisor shall be authorized to accompany the alleged
9 victim, when requested to do so by the alleged victim, to interviews and other
10 proceedings of a campus investigation and institutional disciplinary
11 proceedings.
12 (8) The confidential advisor shall advise the alleged victim of, and
13 provide written information, regarding both the alleged victim's rights and the
14 institution's responsibilities regarding orders of protection, no contact orders,
15 restraining orders, or similar lawful orders issued by a court of competent
16 jurisdiction or by the institution.
17 (9) The confidential advisor shall not be obligated to report crimes to the
18 institution or law enforcement in a way that identifies an alleged victim or an
19 accused individual, unless otherwise required to do so by law. The confidential
20 advisor shall, to the extent authorized under law, provide confidential services
21 to students. Any requests for accommodations, as provided in Paragraph (6) of
22 this Subsection, made by a confidential advisor shall not trigger an investigation
23 by the institution.
24 (10) No later than the beginning of the 2016-2017 academic year, the
25 institution shall appoint an adequate number of confidential advisors. The
26 Board of Regents shall determine the adequate number of confidential advisors
27 for an institution, based upon its size, no later than January 1, 2016.
28 (11) Each institution that enrolls fewer than five thousand students may
29 partner with another institution in their system or region to provide the services
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1 described in this Subsection. However, this Paragraph shall not absolve the
2 institution of its obligations under this Part.
3 (12) Each institution may offer the same accommodations to the accused
4 that are hereby required to be offered to the alleged victim.
5 B. Website. The institution shall list on its website:
6 (1) The contact information for obtaining a confidential advisor.
7 (2) Reporting options for alleged victims of a sexually-oriented criminal
8 offense.
9 (3) The process of investigation and disciplinary proceedings of the
10 institution.
11 (4) The process of investigation and adjudication of the criminal justice
12 system.
13 (5) Potential reasonable accommodations that the institution may
14 provide to an alleged victim.
15 (6) The telephone number and website address for a local, state, or
16 national hotline providing information to sexual violence victims, which shall
17 be updated on a timely basis.
18 (7) The name and location of the nearest medical facility where an
19 individual may have a rape kit administered by an individual trained in sexual
20 assault forensic medical examination and evidence collection, and information
21 on transportation options and available reimbursement for a visit to such
22 facility.
23 C. Online reporting. The institution may provide an online reporting
24 system to collect anonymous disclosures of crimes and track patterns of crime
25 on campus. An individual may submit a confidential report about a specific
26 crime to the institution using the online reporting system. If the institution uses
27 an online reporting system, the online system shall also include information
28 regarding how to report a crime to a responsible employee and law enforcement
29 and how to contact a confidential advisor.
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1 D. Amnesty policy. The institution shall provide an amnesty policy for
2 any student who reports, in good faith, sexual violence to the institution. Such
3 student shall not be sanctioned by the institution for a nonviolent student
4 conduct violation, such as underage drinking, that is revealed in the course of
5 such a report.
6 E. Training. Not later than January 1, 2016, the Board of Regents, in
7 coordination with the attorney general and in consultation with state or local
8 victim services organizations, shall develop a program for training for each
9 individual who is involved in implementing an institution's student grievance
10 procedures, including each individual who is responsible for resolving
11 complaints of reported sex offenses or sexual misconduct policy violations, and
12 each employee of an institution who has responsibility for conducting an
13 interview with an alleged victim of a sexually-oriented criminal offense. Each
14 institution shall ensure that the individuals and employees receive the training
15 described in this Subsection no later than the beginning of the 2016-2017
16 academic year.
17 F. Inter-campus transfer policy.
18 (1) The Board of Regents' Uniform Policy on Sexual Assault shall require
19 that public and nonpublic institutions communicate with each other regarding
20 transfer of students against whom disciplinary action has been taken as a result
21 of a code of conduct violation relating to sexually-oriented criminal offenses.
22 (2) The Board of Regents' Uniform Policy on Sexual Assault shall require
23 that public and nonpublic institutions withhold transcripts of students seeking
24 a transfer with pending disciplinary action relative to sexually-oriented criminal
25 offenses, until such investigation and adjudication is complete.
26 (3) The Board of Regents shall identify a common notation to be used
27 by public and nonpublic institutions on the transcript of any student who has
28 had a disciplinary action taken against them. The mark shall not reveal the
29 nature of the action. If the record of any student is subsequently cleared, the
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1 mark shall be removed.
2 Section 2. All required provisions for implementation of this Act shall be achieved
3 with existing staff and resources unless a specific appropriation is provided for these
4 purposes.
5 Section 3. This Act shall become effective upon signature by the governor or, if not
6 signed by the governor, upon expiration of the time for bills to become law without signature
7 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
8 vetoed by the governor and subsequently approved by the legislature, this Act shall become
9 effective on the day following such approval.
The original instrument was prepared by Alan Miller. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by Martha Hess.
DIGEST
SB 255 Reengrossed 2015 Regular Session Morrell
Proposed law requires that when funding is made available, each public postsecondary
institution shall administer an annual, anonymous sexual assault climate survey to its
students who choose to participate.
Proposed law requires the Board of Regents, in consultation with the public postsecondary
education management boards, to develop the survey and establish procedures for the
administration of the survey and use the survey developed by the Center on Violence
Against Women and Children at the Rutgers University School of Social Work as a model.
Proposed law requires each public postsecondary institution to:
(1)Administer the survey to students who choose to participate.
(2) Report school-specific results of the survey to the Board of Regents.
Proposed law requires the Board of Regents to:
(1)Submit a written report not later than September 1st of each year regarding the
survey results of each public postsecondary institution and the state as a whole to the
governor and the Senate and House of Representatives committees on education for
the previous academic year.
(2)Publish the survey results on the board's website and in any other location or venue
the board deems necessary or appropriate.
Proposed law provides that the provisions of proposed law be implemented as expeditiously
and to the maximum extent possible utilizing any and all available funding sources,
including funding provided by the legislature.
Proposed law creates the Campus Accountability and Safety Act.
Proposed law requires each public postsecondary institution that receives any Title IV
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funding from the U.S. Dept. of Education to comply with proposed law.
Proposed law requires each institution and area law enforcement and criminal justice agency
located within the parish to enter into a memorandum of understanding (MOU) to clearly
delineate responsibilities and share information in accordance with applicable federal and
state confidentiality laws, including but not limited to trends about sexually-oriented
criminal offenses occurring against students of the institution.
Proposed law requires each institution to update the MOU with each law enforcement
agency every two years.
Proposed law requires the MOU to include:
(1)Delineation and sharing protocols of investigative responsibilities.
(2)Protocols for investigations, including standards for notification and communication
and measures to promote evidence preservation.
(3)Agreed upon training and requirements for the parties to the MOU on issues related
to sexually-oriented criminal offenses for the purpose of sharing information and
coordinating training to the extent possible.
(4)A method of sharing general information about sexually-oriented criminal offenses
occurring within the jurisdiction of the parties to the MOU in order to improve
campus safety.
Proposed law requires local law enforcement agency to include information on its police
report regarding the status of the alleged victim as a student at an institution as defined in
proposed law.
Proposed law provides that the institution shall not be held liable if the local law
enforcement agency refuses to enter into a MOU as required by proposed law.
Proposed law requires the Board of Regents to establish uniform policies and best practices
to implement measures to address the reporting of sexually-oriented criminal offenses on
postsecondary campuses, the prevention of such crimes, and the medical and mental health
care needed for these alleged victims that includes the following:
(1)Confidential advisors. The institution shall designate individuals who shall serve as
confidential advisors, such as health care staff, clergy, staff of a women's center, or
other such categories. Such designation shall not preclude the institution from
partnering with national, state, or local victim services organizations to serve as
confidential advisors or to serve in other confidential roles.
(a)The confidential advisor shall complete the training requirements as provided
in proposed law.
(b)Not later than Jan. 1, 2016, the attorney general in collaboration with the
Board of Regents shall develop online training materials.
(c)The confidential advisor shall inform the alleged victim of the following:
(i)The rights of the alleged victim under federal and state law and the
policies of the institution.
(ii)The alleged victim's reporting options, including the option to notify
the institution, the option to notify local law enforcement, and any
other reporting options.
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(iii)If reasonably known, the potential consequences of the reporting
options.
(iv)The process of investigation and disciplinary proceedings of the
institution.
(v)The process of investigation and adjudication of the criminal justice
system.
(vi)That the institutional student disciplinary proceeding has limited
jurisdiction, scope, and available sanctions, and should not be
considered a substitute for the criminal justice process.
(vii)Potential reasonable accommodations that the institution may provide
to an alleged victim.
(viii)The name and location of the nearest medical facility where an
alleged victim may have a rape kit administered by an individual
trained in sexual assault forensic medical examination and evidence
collection, and information on transportation options and available
reimbursement for a visit to such facility.
(d)The confidential advisor may serve as a liaison between an alleged victim
and the institution or local law enforcement, when directed to do so in
writing, and assist an alleged victim in contacting and reporting to a
postsecondary education responsible employee or local law enforcement.
(e)The confidential advisor shall be authorized by the institution to liaise with
appropriate staff to arrange reasonable accommodations to allow the alleged
victim to change living arrangements or class schedules, obtain accessibility
services, or arrange other accommodations.
(f)The confidential advisor shall be authorized to accompany the alleged victim
to interviews and other proceedings of a campus investigation and
institutional disciplinary proceedings.
(g)The confidential advisor shall advise the alleged victim of, and provide
written information, regarding both the alleged victim's rights and the
institution's responsibilities regarding orders of protection, no contact orders,
restraining orders, or similar lawful orders issued by a court of competent
jurisdiction or by the institution.
(h)The confidential advisor shall not be obligated to report crimes to the
institution or law enforcement in a way that identifies an alleged victim or an
accused individual, unless otherwise required to do so by law. The
confidential advisor shall, to the extent authorized under law, provide
confidential services to students. Any requests for accommodations, made by
a confidential advisor shall not trigger an investigation by the institution.
(i)No later than the beginning of the 2016-2017 academic year, the institution
shall appoint an adequate number of confidential advisors. The Board of
Regents shall determine the adequate number of confidential advisors for an
institution based upon its size no later than Jan. 1, 2016.
(j)Each institution that enrolls fewer than 5,000 students may partner with
another institution in their system or region to provide services.
(k)Each institution may offer the same accommodations to the accused that are
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required to be offered to the alleged victim.
(2)Website. The institution shall list on its website:
(a)The contact information for obtaining a confidential advisor.
(b)Reporting options for alleged victims of a sexually-oriented criminal offense.
(c)The process of investigation and disciplinary proceedings of the institution.
(d)The process of investigation and adjudication of the criminal justice system.
(e)Potential reasonable accommodations that the institution may provide to an
alleged victim.
(f)The telephone number and website address for a local, state, or national
hotline providing information to sexual violence victims, which shall be
updated on a timely basis.
(g)The name and location of the nearest medical facility where an individual
may have a rape kit administered by an individual trained in sexual assault
forensic medical examination and evidence collection, and information on
transportation options and available reimbursement for a visit to such facility.
(3)Online reporting. The institution may provide an online reporting system to collect
anonymous disclosures of crimes and track patterns of crime on campus. An
individual may submit a confidential report about a specific crime to the institution
using the online reporting system. If the institution uses an online reporting system,
the online system shall also include information regarding how to report a crime to
a responsible employee and law enforcement and how to contact a confidential
advisor.
(4)Amnesty policy. The institution shall provide an amnesty policy for any student who
reports, in good faith, sexual violence to the institution. Such student shall not be
sanctioned by the institution for a nonviolent student conduct violation, such as
underage drinking, that is revealed in the course of such a report.
(5)Training. Not later than Jan. 1, 2016, the Board of Regents, in coordination with the
attorney general and in consultation with state or local victim services organizations,
shall develop a program for training for each individual who is involved in
implementing an institution's student grievance procedures, including each individual
who is responsible for resolving complaints of reported sex offenses or sexual
misconduct policy violations, and each employee of an institution who has
responsibility for conducting an interview with an alleged victim of a sexually-
oriented criminal offense. Each institution shall ensure that the individuals and
employees receive the training described in proposed law no later than the beginning
of the 2016-2017 academic year.
Proposed law requires the Board of Regents' Uniform Policy on Sexual Assault to require
that public and nonpublic institutions communicate with each other regarding transfer of
students against whom disciplinary action has been taken as a result of a code of conduct
violation relating to sexually-oriented criminal offenses.
Proposed law requires the Board of Regents' Uniform Policy on Sexual Assault to require
that public and nonpublic institutions withhold transcripts of students seeking a transfer with
pending disciplinary action relative to sexually-oriented criminal offenses, until such
investigation and adjudication is complete.
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Proposed law provides that the Board of Regents shall identify a common notation to be
used by public and nonpublic institutions on the transcript of any student who has had a
disciplinary action taken against them. The mark shall not reveal the nature of the action.
If the record of the student is subsequently cleared, the mark shall be removed.
Proposed law provides that all required provisions for implementation of this Act shall be
achieved with existing staff and resources unless a specific appropriation is provided for
these purposes.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 17:3351(H) and R.S. 17:3399.11 through 3399.15 )
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Education to the
original bill
1. Provides that proposed law becomes effective when funding is made
available.
2. Removes requirement that survey be administered to faculty and employees.
3. Provides that student participation in the survey is voluntary.
4. Makes present law applicable only to public postsecondary institutions.
5. Removes requirement that each institution designate a employee responsible
for reporting or redressing offenses.
6. Provides that Board of Regents' policy shall prescribe method of updating
memorandum of understanding between postsecondary institutions and law
enforcement and criminal justice agencies.
7. Provides for method of sharing general information to improve campus
safety.
8. Provides for certain information to be included in police reports.
9. Provides that institution is not liable if local law enforcement agencies refuse
to enter into memorandum of understanding.
10.Changes terminology regarding "victims" to "alleged victims".
11.Provides for inter-campus transfer policy.
12.Requires each nonpublic postsecondary institution to annually submit its
campus safety plan to combat sexual harassment to the Board of Regents,
beginning Aug. 16, 2016.
13.Makes technical corrections.
Committee Amendments Proposed by Senate Committee on Finance to the
engrossed bill
1. Provides that in Board of Regents policies, confidential advisor shall provide
information to alleged victim regarding orders issued by institutions.
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2. Provides that in Board of Regents policies, each institution may offer the
same accommodations to the accused that are required to be offered to the
alleged victim.
3. Provides that Board of Regents' Uniform Policy on Sexual Assault requires
public and nonpublic institutions to communicate with each other regarding
inter-campus transfers and to withhold transcripts of students seeking a
transfer with a pending disciplinary action relative to sexually-oriented
criminal offenses.
4. Provides that the Board of Regents shall identify a common notation to be
used by institutions on the transcript of a student who has had a disciplinary
action taken against them, which mark shall not reveal the nature of the
action and which shall be removed if the student's record is cleared.
5. Deletes provision requiring that beginning Aug. 1, 2016, every private
institution in the state annually submit its campus safety plan to combat
sexual harassment to the Board of Regents.
6. Provides that all required provisions for implementation of Act shall be
achieved with existing staff and resources unless a specific appropriation is
provided for these purposes.
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