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