25.0807.02000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Representatives D. Johnston, Bolinske, Frelich, Heilman, K. Anderson, Steiner, Wolff,
VanWinkle
Senators Myrdal, Wobbema, Paulson, Cory
A BILL for an Act to create and enact a new section to chapter 15.1-19 of the North Dakota
Century Code, relating to protection of a student victim of sexual assault.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. A new section to chapter 15.1-19 of the North Dakota Century Code is created
and enacted as follows:
Student sexual assault - Victim protection.
1.As used in this section:
a."Convicted student" means a student enrolled in a school who is a juvenile
adjudicated delinquent or an adult convicted of committing sexual assault upon
another student enrolled in the same school.
b."Sexual assault" means a nonconsensual offense under chapter 12.1 - 20 for
which "sexual act" or "sexual contact", as defined in section 12.1 - 20 - 02, is an
element.
2.A convicted student enrolled in the same school as the victim of sexual assault shall
adhere to a safety plan developed by the school district providing for:
a. No contact with the victim; and
b. Proper separation in school buildings and educational activities.
3.A school shall develop a safety plan for a convicted student that includes:
a.Holding an expulsion hearing for a convicted student that grants procedural due
process to the student as provided by law and within the time period prescribed
under section 15.1 - 19 - 09;
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21 Sixty-ninth
Legislative Assembly
b.Transferring a convicted student to an alternative education program, which may
include virtual education;
c.Transferring a convicted student to another school or building within the school
district; or
d.Separating the convicted student from the victim at all times in school buildings
and educational activities when transferring the convicted student is not possible.
4.Upon adjudication or conviction of a convicted student, the state's attorney shall
provide the school in which the convicted student is enrolled with notice of the court's
findings that are relevant under this section.
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