HASBSB230 TYLERT 3111
SENATE SUMMARY OF HOUSE AMENDMENTS
SB 230 2021 Regular Session Mizell
KEYWORD AND SUMMARY AS RETURNED TO THE SENATE
COLLEGES/UNIVERSITIES. Provides relative to power-based violence on college
and university campuses. (gov sig)
SUMMARY OF HOUSE AMENDMENTS TO THE SENATE BILL
1. House floor amendments replace all provisions in the original bill.
2. Provides to Title IX coordinator to submit report to institutions not later than
October 10 and April 10 of each year instead of once every three months.
3. Requires chancellors within 14 days of receiving a report of power-based
violence to file a report to the institution's management board.
4. Changes date for management boards to send annual reports to the Board of
Regents from November 10 to December 31 for publishing on their website.
DIGEST OF THE SENATE BILL AS RETURNED TO THE SENATE
SB 230 Reengrossed 2021 Regular Session Mizell
Present law provides for the Campus Accountability and Safety Act.
Proposed law contains the following:
Administrative reporting requirements:
(1)Title IX coordinator submits written report to chancellor no later than
October 10 and April 10 of reports received involving power-based violence.
Requires immediate reporting of incident if coordinator believes the safety
of any person is in imminent danger.
(2)Chancellor submits report to institution management board within fourteen
days of receiving report from coordinator.
(3)System president submits annual system-wide summary to Board of Regents
by December 31
st
for posting on the Board's website.
(4)Board of Regents annually submits report, including systemwide and
statewide information with any recommendations for legislation to the
governor, legislative presiding officer and legislative education committees
by January 15
th
.
Immunities:
(1)Persons acting in good faith who reports or assists in investigating a report
of an incident of power-based violence or who testifies or participates in a
disciplinary process or judicial proceeding arising from an incident are:
(a) Immune from civil and criminal liability that might otherwise be incurred
or imposed as a result of their actions.
(b) May not be subject to any disciplinary action by the institution in which
they are enrolled or employed for any violation by the person of the
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institution's code of conduct reasonably related to the incident for which
suspension or expulsion in not a possible punishment.
(2)Immunity does not apply to a person who perpetrates or assists in the
perpetration of the reported incident.
Proposed law provides that a responsible employee determined by the institution's
disciplinary procedures to have knowingly failed to make a report or, with intent to harm or
deceive, made a report that is knowingly false is to be terminated.
Confidentiality
Proposed law provides that unless waived in writing by the alleged victim, the identity of
an alleged victim is confidential and not subject to disclosure except in the following cases:
(a)A person employed by or under contract with the institution to which the
report is made, if disclosure is necessary to investigate the report.
(b)A law enforcement officer as necessary to conduct a criminal investigation
of the report.
(c)A person alleged to have perpetrated the incident, to the extent required by
law.
(d)A potential witness to the incident as necessary to conduct an investigation
of the report.
Requires that the victim has the right to obtain a copy of any report that pertains to them.
Retaliation
Proposed law provides that an institution shall not discipline, discriminate, or otherwise
retaliate against an employee or student who in good faith either:
(a)Makes a report as required by proposed law.
(b)Cooperates with an investigation, a disciplinary process, or a judicial
proceeding relating to a report made by the employee or student as required
by proposed law.
Provides that protection from retaliation does not apply to an employee or student who
either:
(a)Reports an incident of power-based violence perpetrated by the employee or
student.
(b)Cooperates with an investigation, a disciplinary process, or a judicial
proceeding relating to an allegation that the employee or student perpetrated
an incident of power-based violence.
Coordination with local law enforcement
Proposed law requires that on or before January 1, 2022, requires each institution and law
enforcement agency execute a and maintain a written memorandum of understanding to
clearly delineate responsibilities and share information in accordance with applicable federal
and state confidentiality laws, including but not limited to trends about power-based violence
committed by or against students of the institution.
Requires that each memorandum of understanding include:
(a)Delineation and sharing protocols of investigative responsibilities.
(b)Protocols for investigations, including standards for notification and
communication and measures to promote evidence preservation.
(c)Agreed-upon training and requirements for the parties to the memorandum
of understanding on issues related to power-based violence for the purpose
of sharing information and coordinating training to the extent possible.
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(d)A method of sharing general information about power-based violence
occurring within the jurisdiction of the parties to the memorandum of
understanding in order to improve campus safety.
Requires that each memorandum of understanding be reviewed annually by each
institution's chancellor, Title IX coordinator, and the executive officer of the criminal justice
agency, and shall be revised as considered necessary.
Proposed law requires each public postsecondary education management board to institute
policies incorporating the policies and best practices prescribed by the Board of Regents
regarding the prevention and reporting of incidents of power-based violence committed by
or against students of an institution.
Requires that each person designating a person as a confidential advisor under proposed law,
shall complete a training program that includes information on power-based violence,
trauma-informed interactions, Title IX requirements, state law on power-based violence, and
resources for victims. Requires completion of annual training relative to power-based
violence and Title IX developed by the attorney general in collaboration with the Board of
Regents, and be provided through online training materials.
Proposed law provides for obligation and duties of the confidential advisor in performing
his functions.
Proposed law requires institutions to implement a uniform transcript notation and
communication policy, developed by the Board of Regents in consultation with the
management boards, 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 the institution's investigative
and adjudication process.
Proposed law requires each institution to adopt a victims' rights policy, which, at a
minimum, shall provide for a process by which a victim may petition and be granted the
right to have a perpetrator of an incident of power-based violence against the victim barred
from attending a class in which the victim is enrolled.
Proposed law requires each institution to administer an anonymous power-based violence
climate survey to its students once every three years. Provides that participation in power-
based violence climate survey be voluntary and no student shall be required or coerced to
participate in the survey nor shall any student face retribution or negative consequence of
any kind for declining to participate.
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)
______________________
Thomas L. Tyler
Deputy Chief of Staff
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