DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 394 Original 2021 Regular Session Riser
Abstract: Provides for mandatory reporting of sexual misconduct at postsecondary education
institutions and requires such institutions to post reports relative to campus security policies
and campus crime statistics on their websites.
Mandatory reporting
Proposed law provides that each employee of a postsecondary education institution shall be a
mandatory reporter of sexual misconduct as defined in proposed law. Requires any employee who
has cause to believe that an incident of sexual misconduct has been committed by or against any
student of the institution to report it to the campus Title IX coordinator. Provides that if the campus
does not have a Title IX coordinator, the employee shall report it to a law enforcement agency.
Proposed law provides that the following shall be fined not more than $500 or imprisoned for not
more than six months, or both:
(1)Any person who is required to report sexual misconduct and knowingly and willfully fails
to so report.
(2)Any person who reports sexual misconduct, knowing that the information reported is false.
Proposed law requires each institution to provide training to each employee on the reporting
procedure and the consequences of failing to report.
Disclosure of campus security policies and campus crime statistics
Proposed law requires each postsecondary education institution to publish on its website a quarterly
security report that contains updated campus security policies and campus crime statistics. Requires
reports to contain, at a minimum, all information relative to such policies and statistics specified in
federal law commonly known as the "Clery Act".
Proposed law provides for compliance monitoring by the Bd. of Regents and notification of the
legislative education committees and reductions in Taylor Opportunity Program for Students (TOPS)
payments for failure to comply. Also authorizes any person to commence a suit in the district court
for the parish in which an action in violation of proposed law occurred for the issuance of a writ of
mandamus or injunctive or declaratory relief to require compliance with proposed law together with reasonable attorney fees and costs.
Applicability
Proposed law is applicable to all institutions eligible for participation in the TOPS; this includes all
public colleges and universities, nonpublic institutions that are members of the La. Assoc. of
Independent Colleges and Universities, and certain proprietary and cosmetology schools. (Proposed
law relative to the security reports applies to all of these institutions regardless of whether they are
subject to the Clery Act.)
(Adds R.S. 17:3399.18)