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 409 Original 2021 Regular Session Freeman
Abstract: Requires the termination of postsecondary education institution employees for failure to
comply with reporting requirements relative to power-based violence committed by or
against students (dating violence, domestic violence, sexual assault, sexual harassment, and
stalking).
Mandatory reporting
Present law provides relative to the handling of sexually-oriented criminal offenses at public
postsecondary education institutions. Proposed law instead uses the term "power-based violence",
which includes dating violence, domestic violence, sexual assault, sexual harassment, and stalking,
and proposed law provides the following:
(1)Requires employees to report power-based violence to the campus Title IX Coordinator.
Provides exceptions.
(2)Requires the Title IX Coordinator to report to the chancellor.
(3)Requires the chancellor to report to the system president.
(4)Requires the system president to report to the management board.
(5)Requires an institution to terminate any employee who fails to comply with these
requirements.
(6)Grants victims the right to obtain a copy of any report pertaining to any incident involving
them.
Memoranda of understanding
Present law requires each institution and local criminal justice agency to enter into a memorandum
of understanding (MOU) relative to responsibilities, information, investigation protocols, and other
aspects of dealing with sexually-oriented criminal offenses. Requires that the MOU be updated
every two years. Proposed law requires instead that an MOU relative to power-based violence be
updated on at least an annual basis.
Hotline information Present law requires institutions to post certain information on their website, including the phone
number and website address for a victims' hotline. Requires this information to be updated "timely".
Proposed law instead requires it to be updated on at least an annual basis.
Online reporting system
Present law authorizes institutions to provide an online reporting system to collect anonymous
disclosures of crimes and track patterns of crime on campus. Proposed law requires rather than
authorizes such online reporting systems.
Training
Present law requires the Bd. of Regents to have developed a training program relative to handling
sexually-oriented criminal offenses by Jan. 1, 2016, and for institutions to have provided such
training not later than the beginning of the 2016-2017 school year. Proposed law extends such
deadlines to Jan. 1, 2022, and the beginning of the 2022-2023 academic year, respectively, and
provides for the training to address power-based violence; adds that training shall also be provided
to members of each public postsecondary education management board.
Student surveys
Present law requires an institution to administer an anonymous sexual assault climate survey to its
students once every three years. Proposed law changes the terminology to a power-based violence
climate survey, makes this an annual requirement, and additionally requires results to be posted
prominently on each institution's website and for each institution to make every effort to maximize
student participation in the survey.
Present law requires the Bd. of Regents to develop the survey in consultation with the management
boards and work with such boards in researching and selecting the best method for survey
development and administration. Proposed law additionally requires the Bd. of Regents to consult
with victims' advocacy groups and student leaders who represent a variety of student organizations
and affiliations when performing these responsibilities.
Present law requires the Bd. of Regents to submit a written report on survey results to the House and
Senate education committees and governor not later than Sept. 1st following administration of the
survey. Proposed law changes this deadline to 45 days prior to the convening of each Regular
Session of the Legislature.
(Amends R.S. 17:3399.13, 3399.14(A), (B), and (C)(3) and (4), 3399.15(intro. para.), (2)(b) and (f),
(3), (5), and (6), and 3399.17; Adds R.S. 17:3399.12)