Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1266 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2601 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1266
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Natalie M. Higgins
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to transcript notations.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Natalie M. Higgins4th Worcester1/19/2023Samantha Montaño15th Suffolk1/24/2023Andres X. Vargas3rd Essex1/24/2023Tricia Farley-Bouvier2nd Berkshire2/8/2023James B. EldridgeMiddlesex and Worcester2/21/2023 1 of 4
16	16	HOUSE DOCKET, NO. 2601 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1266
18	18	By Representative Higgins of Leominster, a petition (accompanied by bill, House, No. 1266) of
19	19	Natalie M. Higgins and others that institutions of higher education adopt policies on academic
20	20	transcript notations and appeals relating to sexual misconduct. Higher Education.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act relative to transcript notations.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 6 of the General Laws, as appearing in the 2020 Official Edition, is
30	30	2hereby amended by adding the following section:-
31	31	3 Section 168F. (a) As used in this section, the following words shall have the following
32	32	4meanings unless the context clearly requires otherwise:
33	33	5 "Consent" as used in this section means affirmative, conscious, and voluntary agreement
34	34	6to engage in sexual activity. It is a responsibility of each person involved in sexual activity to
35	35	7ensure that the other or others consent to engage in the sexual activity. Lack of protest or
36	36	8resistance does not mean consent. Consent must be ongoing throughout a sexual activity and can
37	37	9be revoked at any time. The existence of a dating relationship between the persons involved, or
38	38	10the fact of past sexual relations between them, should never by itself be assumed to be an
39	39	11indicator of consent. 2 of 4
40	40	12 “Institution of higher education” or “institution”, any public or private, profit or
41	41	13nonprofit, degree-granting educational institution, which is authorized by law to provide a
42	42	14program of education beyond the secondary school level in the Commonwealth.
43	43	15 “Sexual misconduct”, as defined in section 168 of chapter 6 of the General Laws.
44	44	16 “Title IX Coordinator”, or a designee, who is responsible for administering and
45	45	17maintaining an institution’s compliance with Title IX, relative to complaints of sex
46	46	18discrimination, sexual harassment or sexual violence.
47	47	19 “Transcript”, official and unofficial student academic transcripts.
48	48	20 (b) Each institution of higher education shall adopt policies on academic transcript
49	49	21notations and appeals relating to sexual misconduct, including, but not limited to, sexual
50	50	22violence, domestic violence, and stalking, that shall be made publicly available by publishing the
51	51	23policy on an institution’s website and by annually providing a copy of said policies to students,
52	52	24faculty and staff. Said policies shall be developed in coordination with the Title IX Coordinator
53	53	25of the institution and annually updated by the institution.
54	54	26 (c) Upon commencement of any disciplinary proceedings conducted by the institution
55	55	27against a student alleged to have committed a crime of violence, and until a resolution is reached
56	56	28at the close of disciplinary proceedings, the office responsible for maintaining student academic
57	57	29records of the institution shall include a prominent and temporary notation on the academic
58	58	30transcript of the student.
59	59	31 (1) The notation shall state the specific violation in the institution’s code, rules or set of
60	60	32standards governing sexual misconduct that the student was alleged to have committed and 3 of 4
61	61	33 (2) that final resolution of the specified violation is pending subject to disciplinary
62	62	34proceedings of the institution.
63	63	35 (d) Upon final resolution of any disciplinary proceedings conducted by the institution
64	64	36against a student alleged to have committed a crime of violence, the office responsible for
65	65	37maintaining student academic records of the institution shall include a prominent and permanent
66	66	38notation on the student’s academic transcript.
67	67	39 (1) The notation shall state the specific violation in the institution’s code, rules or set of
68	68	40standards governing sexual misconduct or, if the student withdrew from the institution while
69	69	41under investigation, was alleged to have committed, and
70	70	42 (2) whether such student was suspended, expelled or permanently dismissed for such
71	71	43violation or whether such student withdrew from the institution while under investigation for
72	72	44such violation.
73	73	45 (3) Should a student be subsequently found not to have violated the institution’s code,
74	74	46rules, or set of standards governing sexual misconduct, notations relating to the allegations shall
75	75	47be removed from the student’s transcript.
76	76	48 (f) Each institution shall:
77	77	49 (1) reasonably notify each student that any such suspension, expulsion, dismissal or
78	78	50withdrawal relating to a crime of violence will be documented on the student’s academic
79	79	51transcript and 4 of 4
80	80	52 (2) adopt a procedure for removing such notation from the academic transcript of any
81	81	53student who is subsequently found not to have violated the institution’s code, rules, or set of
82	82	54standards governing sexual misconduct.
83	83	55 (g) The provisions of this section shall apply to sexual misconduct allegedly committed
84	84	56on campus, off campus, or while studying abroad.
85	85	57 (h) Annually, not later than December 1, each institution shall prepare and submit to the
86	86	58department of higher education a report that includes: (i) the total number of temporary and
87	87	59permanent notations. The department of higher education shall analyze the incident data and
88	88	60shall publish an annual report containing aggregate statewide information on the frequency and
89	89	61nature of transcript notations. The department of higher education shall file the annual report
90	90	62with the attorney general, the clerks of the senate and the house of representatives and the joint
91	91	63committee on higher education.