SSHB409 224 3747
HOUSE SUMMARY OF SENATE AMENDMENTS
HB 409 2021 Regular Session Freeman
HIGHER EDUCATION: Provides relative to campus safety and accountability
Synopsis of Senate Amendments
1.Revise terminology to refer to "power-based violence" instead of "power-based
abuse" and revise terminology contained within the definition of "power-based
violence".
2.Revise timelines and deadlines with respect to the chain of reporting.
3.Add provisions:
(a)Providing relative to criminal and civil immunity and retaliation.
(b)Requiring training for individuals prior to becoming a confidential
advisor and annually thereafter.
(c)Requiring each management board to institute policies relative to the
prevention and reporting of power-based violence.
(d)Requiring a uniform transcript notation and communication policy
relative to students involved with incidents of power-based violence.
(e)Requiring a victims' rights policy at each institution.
Digest of Bill as Finally Passed by Senate
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" and proposed law provides the following:
(1)Requires employees to report to the institution's Title IX coordinator upon witnessing
or receiving a direct statement regarding an incident of power-based violence.
Provides that reporting is not mandated if information is received during a public
forum or awareness event, in the course of reviewing academic work, or indirectly,
such as in the course of overhearing a conversation.
(2)Requires the Title IX Coordinator to report to the chancellor.
(3)Requires the chancellor to report to the management board.
(4)Requires the system president to submit a system-wide summary report to the
management board.
(5)Requires the management board to submit a system-wide summary report to the
Board of Regents.
(6)Requires the Board of Regents to submit a report to the governor, House Speaker,
Senate President, and House and Senate education committees.
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(7)Grants victims the right to obtain a copy of any report pertaining to any incident
involving them.
(8)Provides that an employee who is determined by the institution's disciplinary
procedures to have knowingly failed to make a report or, with the intent to harm or
deceive, made a report that is knowingly false shall be terminated.
Proposed law provides relative to immunity from criminal and civil liability and prohibited
retaliation with respect to reporting.
Memoranda of Understanding
Present law requires each institution and local criminal justice agencies 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 annual review and that
each MOU relative to power-based violence be in writing and include the campus police
department, if any, the local district attorney's office, and any law enforcement agency with
criminal jurisdiction over the campus.
Policies
Proposed law requires each management board to institute policies relative to the prevention
and reporting of power-based violence and specifies what such policies shall provide for,
including the following:
(1)Present law requires institutions to post certain information on their websites,
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.
(2)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.
(3)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.
(4)Present law requires the withholding of transcripts for students with pending
disciplinary action for sexually-oriented criminal offenses. Proposed law requires a
uniform transcript notation and communication policy for student transfers with
respect to incidents of power-based violence.
(5)Proposed law requires each institution to adopt a victims' rights policy.
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 refer to a
power-based violence climate survey and 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
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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 the next Regular Session of the Legislature.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 17:3399.11-3399.17; Adds R.S. 15:624(A)(3))
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