RÉSUMÉ DIGEST
ACT 439 (SB 230) 2021 Regular Session Mizell
Prior law provided for the Campus Accountability and Safety Act.
New 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 31st 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 15th.
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 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.
New 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
New 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:
(1)A person employed by or under contract with the institution to which the report is
made, if disclosure is necessary to investigate the report.
(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 law.
(4)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 New law provides that an institution shall not discipline, discriminate, or otherwise retaliate
against an employee or student who in good faith either:
(1)Makes a report as required by new law.
(2)Cooperates with an investigation, a disciplinary process, or a judicial proceeding
relating to a report made by the employee or student as required by new law.
Provides that protection from retaliation does not apply to an employee or student who
either:
(1)Reports an incident of power-based violence 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 of
power-based violence.
Coordination with local law enforcement
New 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:
(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 power-based violence for the purpose of sharing
information and coordinating training to the extent possible.
(4)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.
New 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 new 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.
Provides for obligation and duties of the confidential advisor in performing his functions.
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.
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.
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.
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 prior law.
Effective upon signature of the governor (June 21, 2021).
(Amends R.S. 17:3399.11 and 3399.13-3399.17; adds R.S. 15:624(A)(3) and R.S.
17:3399.12 and 1399.13(1)-1399.3(5))