2022 Regular Session ENROLLED SENATE BILL NO. 297 BY SENATORS BARROW, BERNARD, BOUDREAUX, BOUIE, CARTER, CONNICK, FIELDS, HEWITT, JACKSON, MIZELL, POPE, PRICE AND SMITH 1 AN ACT 2 To amend and reenact R.S. 17:3399.12(3) and (5)(a) and (b), 3399.13.1(F), 3399.16(A) and 3 (E), and 3399.18(B)(17), (E), and (F), relative to power-based violence at public 4 postsecondary institutions; to provide relative to definitions and implementation of 5 the Campus Accountability and Safety Act; to require a report to the legislature; and 6 to provide for related matters. 7 Be it enacted by the Legislature of Louisiana: 8 Section 1. R.S. 17:3399.12(3) and (5)(a) and (b), 3399.13.1(F), 3399.16(A) and (E), 9 and 3399.18(B)(17), (E), and (F) are hereby amended and reenacted to read as follows: 10 §3399.12. Definitions 11 For the purposes of this Part, the following terms and phrases shall have the 12 following meanings unless the context clearly indicates otherwise: 13 * * * 14 (3) "Employee" means: 15 (a)(i) An administrative officer, official, or employee of a public 16 postsecondary education board or institution. 17 (ii) Anyone appointed to a public postsecondary education board or 18 institution. 19 (iii) Anyone employed by or through a public postsecondary education board 20 or institution. 21 (iv) Anyone employed by a foundation or association related to a public 22 postsecondary education management board or institution. 23 (b) "Employee" does not include a student enrolled at a public postsecondary 24 institution whose employment is contingent upon enrollment as a student, unless ACT No. 689 Page 1 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 297 ENROLLED 1 the student works for the institution in a position such as a teaching assistant or a 2 residential advisor. 3 * * * 4 (5) "Power-based violence" means any form of interpersonal violence 5 intended to control or intimidate another person through the assertion of power over 6 the person and shall include the following: 7 (a) Dating violence (R.S. 46:2151(C)). 8 (b) Domestic abuse and family violence (R.S. 46:2121.1(2) and 2132(3)). For 9 the purposes of this Part, domestic abuse shall also include any act or threat to act 10 that is intended to coerce, control, punish, intimidate, or exact revenge on the other 11 party, for the purpose of preventing the victim from reporting to law enforcement or 12 requesting medical assistance or emergency victim services, or for the purpose of 13 depriving the victim of the means or ability to resist the abuse or escape the 14 relationship. 15 * * * 16 §3399.13.1. Administrative reporting requirements 17 * * * 18 F. The Board of Regents, in consultation with the Louisiana Power-Based 19 Violence Review Panel, shall annually submit a report to the governor, the president 20 of the Senate, the speaker of the House of Representatives, and the Senate and House 21 committees on education and select committees on women and children by 22 January fifteenth which shall include system-wide and statewide information. The 23 report shall also include any recommendations for legislation. The report shall be 24 published on the website of the Board of Regents. 25 * * * 26 §3399.16. Safety education; recognition and reporting of potential threats to safety 27 A. The Not later than the beginning of the fall semester of 2022, the 28 administration of each institution, in consultation with campus or local law 29 enforcement agencies, shall develop and distribute information to students regarding 30 power-based violence, campus safety, and internet and cell phone safety and online Page 2 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 297 ENROLLED 1 content that is a potential threat to school safety. 2 * * * 3 E. Each institution shall adopt a policy to implement the provisions of this 4 Part Section. The policy shall require that for every report of an incident of power- 5 based violence or a safety threat received, the actions taken by the institution and the 6 campus law enforcement agency or security officers be documented. The policies 7 policy shall also provide for guidelines on referring the reports to the appropriate law 8 enforcement agencies. 9 * * * 10 §3399.18. Louisiana Power-Based Violence Review Panel 11 * * * 12 B. The panel shall be composed of the following members: 13 * * * 14 (17) A Title IX coordinator representing a each public postsecondary 15 education system. The Title IX coordinator shall serve for one year, and the 16 membership shall rotate between the higher education systems in the following 17 order: the Louisiana State University System, the Southern University System, the 18 University of Louisiana System, and the Louisiana Community and Technical 19 College System. Each coordinator shall be, appointed by his system the president of 20 the system. 21 * * * 22 E. The commissioner of higher education shall call an organizational meeting 23 of the panel by August 15, 2021. The panel shall elect a chairman, and any other 24 officers deemed necessary, from among the membership. 25 F. The panel shall meet at least two times per year up to a maximum of four 26 times per year, and may meet at other times upon the call of the chair or as provided 27 by panel rules. 28 * * * 29 Section 2. This Act shall become effective upon signature by the governor or, if not 30 signed by the governor, upon expiration of the time for bills to become law without signature Page 3 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 297 ENROLLED 1 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If 2 vetoed by the governor and subsequently approved by the legislature, this Act shall become 3 effective on the day following such approval. PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED: Page 4 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.