RDCSB230 224 2785
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)]
SB 230 Reengrossed 2021 Regular Session Mizell
Present law requires, by February 15th annually, each criminal justice agency, including
college and university campus police departments, to report all of the following information
for the prior calendar year to the Louisiana Commission on Law Enforcement and the
Administration of Criminal Justice:
(1)The number of sexually-oriented criminal offenses reported.
(2)The status of each sexually-oriented criminal offense case reported.
(3)The number of sexual assault collection kits submitted for analysis.
(4)The number of reported sexual assault collection kits requiring analysis.
(5)The number of reported sexual assault collection kits received.
(6)The number of unreported sexual assault collection kits received.
(7)The number of reported sexual assault collection kits that were untested due to
judicial or investigative reasons.
Also requires each criminal justice agency, including college and university campus police
departments, to provide written notification if it does not have:
(1)Any sexually-oriented criminal offenses reported.
(2)Any reported sexual assault collection kits in its possession.
(3)Any unreported sexual assault collection kits in its possession.
Proposed law requires that each report by a college or university police department also be
transmitted to the institution's system president, chancellor, and Title IX coordinator.
Requires that the chancellor have the report posted on the institution's website. Otherwise
retains present law.
Present law provides for the "Campus Accountability and Safety Act".
Present law defines "institution", "president", and "sexually-oriented offense".
Proposed law redefines "president" as "system president" and deletes "sexually-oriented
offense". Adds several definitions as follows:
(1)"Chancellor" means the chief executive officer of a public postsecondary education
institution.
(2)"Confidential advisor" means a person designated by an institution to provide
emergency and on-going support to students who are alleged victims of power-based
violence.
(3)"Employee" means:
(a)An administrative officer, official, or employee of a public postsecondary
education board or institution.
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(b)Anyone appointed to a public postsecondary education board or institution.
(c)Anyone employed by or through a public postsecondary education board or
institution.
(d)Anyone employed by a foundation or association related to a public
postsecondary education management board or institution.
"Employee" does not include a student enrolled at a public postsecondary institution.
(4)"Institution" means a public postsecondary education institution.
(5)"Power-based violence" means any form of interpersonal violence intended to
control or intimidate another person through the assertion of power over them and
shall include, at a minimum, the following:
(a)Dating violence (R.S. 46:2151(C).
(b)Domestic and family violence (R.S. 46:2121.1(2) and 2132(3)).
(c)Nonconsensual observation of another person's sexuality without the other
person's consent, including voyeurism (R.S. 14:283.1), video voyeurism
(R.S. 14:283), nonconsensual disclosure of a private image (R.S. 14:283.2),
and peeping tom activities (R.S. 14:284).
(d)Sexual assault (R.S. 14:41, 42 through 43.5, 89, 89.1, and 106).
(e)"Sexual exploitation" which means an act attempted or committed by a
person for sexual gratification, financial gain, or other advancement through
the abuse of another person's sexuality including prostituting another person
(R.S. 14:46.2 and 82 through 86).
(f)"Sexual harassment" which means unwelcome sexual advances, requests for
sexual favors, and other verbal, physical, or inappropriate conduct of a sexual
nature when the conduct explicitly or implicitly affects an individual's
employment or education, unreasonably interferes with an individual's work
or educational performance, or creates an intimidating, hostile, or offensive
work or educational environment and has no legitimate relationship to the
subject matter of a course or academic research.
(g)Stalking (R.S. 14:40.2) and cyberstalking (R.S. 14:40.3).
(h)Unlawful communications (R.S. 14:285).
(i)Unwelcome sexual, sex or gender-based conduct that is objectively
offensive, has a discriminatory intent, and lacks a bona fide academic
purpose.
(6)"Responsible employee" means an employee of a public postsecondary education
institution who receives a complaint or witnesses an incident of power-based
violence. "Responsible employee" does not include an employee designated as a
confidential advisor pursuant to R.S. 17:3399.15(A) or an employee who has
privileged communications with a student as provided by law.
(7)"System president" means the president of a public postsecondary education system.
(8)"Title IX coordinator" means the individual designated by a public postsecondary
education institution as the institution's official for coordinating the institution's
efforts to comply with and carry out its responsibilities under Title IX of the
Education Amendments of 1972.
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Proposed law requires that any responsible employee of an institution who receives
information or witnesses any incident of power-based violence or retaliation committed by
or against a student promptly report the incident to the campus Title IX coordinator.
However, a responsible employee is not required to make a report if information is received
(1) during a public forum or awareness event in which an individual may disclose an
incident of power-based violence as part of educating others, (2) disclosure is made in the
course of academic work product consistent with the assignment, or (3) in the course of
overhearing a conversation.
Proposed law requires that a report include the following information if known:
(1)The identity of the victim.
(2)The identity of the alleged perpetrator.
(3)The type of power-based violence or retaliation alleged to have been committed.
(4)Any other information about witnesses, location, date, and time that the incident
occurred.
Proposed law provides that not less than once every three months, the Title IX coordinator
shall submit to the chancellor of the institution a written report on reports received, including
information regarding:
(1)The investigation of those reports.
(2)The disposition, if any, of any disciplinary processes arising from those reports.
(3)The reports for which the institution determined not to initiate a disciplinary process,
if any.
(4)Any complaints of retaliation and the status of the investigation of the complaints.
Proposed law requires the Title IX coordinator immediately report to the chancellor of the
institution an incident reported to the coordinator, if the coordinator has cause to believe that
the safety of any person is in imminent danger as a result of the incident.
Proposed law requires the chancellor of an institution to annually submit, by October 10, to
the institution's management board and post on the institution's internet website a report
concerning the reports received, which shall not identify any specific person but shall
include:
(1)The number of reports received.
(2)The number of investigations conducted as a result of the reports.
(3)The disposition, if any, of any disciplinary processes arising from the reports.
(4)The number of those reports for which the institution determined not to initiate a
disciplinary process, if any.
(5)Any disciplinary action taken.
(6)The number of reports of retaliation and the findings of those investigations.
Proposed law requires the system president to annually submit, by November 15, a
systemwide report to the institution's management board and the Board of Regents. Provides
that the reports shall be posted on the management board's and Board of Regents' website.
Proposed law requires the Board of Regents to annually submit, by December 31, a report
on power-based violence incidents to the governor and the legislature and post the report on
the board's website.
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Proposed law provides that a person acting in good faith who reports or assists in the
investigation of a report of an incident, or who testifies or otherwise participates in a
disciplinary process or judicial proceeding arising from a report of such an incident:
(1)Shall be immune from civil liability and from criminal liability that might otherwise
be incurred or imposed as a result of those actions.
(2)May not be subjected to any disciplinary action by the institution in which the person
is enrolled or employed for any violation by the person of the institution's code of
conduct reasonably related to the incident for which suspension or expulsion from
the institution is not a possible punishment.
However, these provisions do not apply to a person who perpetrates or assists in the
perpetration of the incident reported.
Proposed law provides that a responsible employee who is determined by the institution's
disciplinary procedure 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 that unless waived in writing by the alleged victim, the identity of
an alleged victim of an incident reported under proposed law is confidential and not subject
to disclosure. However, the identity may be disclosed only to:
(1)A person employed by or under contract with the institution to which the report is
made who are necessary to conduct an investigation of the report or any related
hearings.
(2)A law enforcement officer as necessary to conduct a criminal investigation of the
report.
(3)A person alleged to have perpetrated the incident, to the extent required by other law.
(4)A potential witness to the incident as necessary to conduct an investigation of the
report.
Proposed law provides that an alleged victim has a right to obtain a copy of any report that
pertains to the alleged victim.
Nothing in proposed law may be construed as prohibiting a victim from making a report to
both an institution and a law enforcement agency.
Proposed law provides that an institution may not discipline, discriminate, or otherwise
retaliate against an employee or student who in good faith either:
(1)Makes a report as required by proposed law.
(2)Cooperates with an investigation, a disciplinary process, or a judicial proceeding
relating to a report made by the employee or student.
This provision does not apply to an employee or student who either:
(1)Reports an incident perpetrated by the employee or student.
(2)Cooperates with an investigation, a disciplinary process, or a judicial proceeding
relating to an allegation that the employee or student perpetrated an incident.
Present law requires each institution and law enforcement and criminal justice agency
located within the parish of the campus of the institution 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.
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Proposed law requires memoranda be entered into by January 1, 2022, and thereafter
maintained; substitutes "power-based violence" for "sexually-oriented criminal offenses";
and requires that each memorandum be signed by all parties to the agreement. Otherwise
retains present law.
Present law requires the Board of Regents' Uniform Policy on Sexual Assault require that
the MOU be updated every two years.
Proposed law deletes these provisions and instead requires that the chancellor, the Title IX
coordinator, and the executive officer of the criminal justice agency annually review the
MOU and make revisions as needed.
Present law requires that each MOU 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 memorandum of
understanding 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 memorandum of understanding
in order to improve campus safety.
Proposed law refers to "power-based violence" rather than "sexually-oriented offense" and
requires that each memorandum be signed by all of the parties to the agreement.
Present law requires that the local law enforcement agency include information on its police
report regarding the status of the alleged victim as a student at an institution.
Proposed law retains present law.
Present law provides that the institution shall not be held liable if the local law enforcement
agency refuses to enter into a memorandum of understanding.
Proposed law repeals present law.
Present law requires that the Board of Regents establish uniform policies and best practices
to implement measures to address the reporting of sexual harassment or sexually-oriented
criminal offenses on institution campuses, the prevention of such crimes, and the medical
and mental health care needed for these alleged victims.
Proposed law substitutes "power-based violence" for "sexually-oriented offense" and adds
communication between institutions to the measures to be addressed by these policies and
best practices; otherwise retains present law.
Proposed law requires each management board to institute policies incorporating the policies
and best practices of the Board of Regents relative to power-based violence.
Proposed law requires the management board policies to direct the institutions to develop
policies to provide for certain things, including confidential advisors, information on their
website, online reporting, an amnesty policy, annual training of confidential advisors and
responsible employees, and an inter-campus transfer policy.
Present law requires that confidential advisors designated by institutions complete certain
training.
Proposed law requires such training annually and specifies certain information to be included
in the training.
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Present law provides that an institution that enrolls fewer than 5,000 students may partner
with another institution in their system or region to provide these services. However, such
action does not absolve the institution of its obligations under present law.
Proposed law requires that the board annually determine an adequate number for each
institution. Otherwise retains present law.
Present law requires that each institution list on its website:
(1)The contact information for obtaining a confidential advisor.
(2)Reporting options for alleged victims of a sexually-oriented criminal offense.
(3)The process of investigation and disciplinary proceedings of the institution.
(4)The process of investigation and adjudication of the criminal justice system.
(5)Potential reasonable accommodations that the institution may provide to an alleged
victim.
(6)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.
(7)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.
Proposed law substitutes "power-based violence" for "sexually-oriented offense" and further
requires including each current memorandum of understanding between the institution and
each law enforcement and criminal justice agency located within the parish of the campus.
Present law provides that an 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. Provides that 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.
Proposed law also applies to power-based violence and requires each institution to provide
an online reporting system. Otherwise retains present law.
Present law requires that the institution provide an amnesty policy for any student who
reports, in good faith, sexual violence to the institution so that the 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 the report.
Proposed law changes reference from "sexual violence" to "power-based violence".
Otherwise retains present law.
Present law requires that not later than January 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. Further requires
that each institution ensure that the individuals and employees receive the training no later
than the beginning of the 2016-2017 academic year.
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Proposed law requires that by January 1, 2022, such training include power-based violence,
be on an annual basis, and specifically include responsible employees and Title IX
coordinators. Further requires that each institution ensure that the training be received no
later than the beginning of the 2022-2023 academic year. Requires the Board of Regents to
annually review the training and revise as needed. Otherwise retains present law.
Present law requires that the Board of Regents' Uniform Policy on Sexual Assault require
that 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 and that 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.
Proposed law instead provides that institutions shall implement a uniform transcript notation
and communication policy to effectuate communication regarding the transfer of a student
who is the subject of a pending power-based violence complaint or who has been found
responsible for an incident of power-based violence pursuant to an institution's investigative
and adjudication process. Requires the policy to be developed by the Board of Regents in
consultation with the postsecondary education management boards and that it include
procedures relative to the withholding of transcripts during the investigative and adjudication
process.
Present law requires the administration of each institution, in consultation with campus or
local law enforcement agencies, develop and distribute information to students regarding
internet and cell phone safety and online content that is a potential threat to school safety.
Requires certain information be included on how to recognize and report potential threats
to school safety that are posted on the internet, including but not limited to posts on social
media and be posted on the institution's website.
Proposed law adds providing information and instruction on power-based violence and how
to report such offenses.
Present law requires that each institution administer an anonymous voluntary sexual assault
climate survey to its students once every three years. Provides that the Board of Regents
shall:
(1)Develop the survey in consultation with the public postsecondary education
management boards and in accordance with national best practices.
(2)Work with the management boards in researching and selecting the best method of
developing and administering the survey.
(3)Submit a written report on survey results to the House Committee on Education,
Senate Committee on Education, and the governor not later than September first
following administration of the survey which summarizes results from each
institution and the state as a whole.
(4)Publish the survey results on the board's website and in any other location or venue
the board deems necessary or appropriate.
Present law requires each institution to report the survey results to the Board of Regents.
Proposed law requires that each institution make every effort to maximize student
participation in the survey. Also requires the institutions to send report to the institution's
management board and publish the survey results on the institution's website. Otherwise
retains present law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 17:3399.11, 3399.13, 3399.14, 3399.15, 3399.16, and 3399.17; adds R.S.
15:624(A)(3) and R.S. 17:3399.12 and 3399.13.1-5)
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Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Education to the
original bill
1. Adds and clarifies definitions.
2. Requires reporting of incidents of retaliation.
3. Changes reporting dates and entities required to make annual reports.
4. Requires management boards to adopt policies regarding power-based
violence that require institutions to implement the policies.
5. Requires termination of an employee who is determined to have knowingly
failed to make a report or who knowingly makes a false report.
6. Provides the alleged victim the right to obtain a copy of any report that
pertains to the victim.
7. Adds students to the groups prohibited from being retaliated against.
8. Requires each memorandum of understanding to be annually reviewed and
revised as necessary.
9. Specifies that certain information be included in the training for confidential
advisors.
10.Requires annual training of responsible employees.
11.Requires the Board of Regents and the attorney general to consult with
victim services organizations in developing annual training programs.
12.Expands the safety education program to include power-based violence.
13.Requires each institution to maximize student participation in the Board of
Regents' power-based violence survey.
14.Incorporated compliance reporting into annual reporting requirements.
15.Deletes provisions relative to rule making.
16.Makes technical corrections.
Senate Floor Amendments to engrossed bill
1. Makes technical corrections.
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Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Education to the
reengrossed bill:
1. Revise terminology to refer to an employee's receipt of a complaint regarding an
incident of power-based violence instead of his receipt of notice of such an
incident.
2. Specify that the mandatory reporting requirement does not apply if information
is received in the course of overhearing a conversation.
3. Add communication between institutions regarding incidents of power-based
violence to list of measures to be addressed by uniform policies of the Bd. of
Regents.
4. Revise procedures relative to communication between institutions and transcript
withholding for transferring students.
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