25.0807.03000
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 a sexual offense.
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 offense - Victim protection.
1.As used in this section:
a." Responsible student" means a student enrolled in a school who is an
adjudicated juvenile or an adult convicted of committing a sexual offense upon
another student enrolled in the same school.
b."Sexual offense" means an offense under chapter 12.1 - 20 for which "sexual act"
or "sexual contact", as defined in section 12.1 - 20 - 02, is an element and the
offenses under sections 12.1 - 20 - 05, 12.1 - 20 - 05.1, 12.1 - 20 - 12.1, 12.1 - 20 - 12.2,
and 12.1 - 20 - 12.3.
2.A responsible student enrolled in the same school as the victim shall adhere to a
safety plan developed by the school which may include:
a.Consideration of the victim's input.
b.No contact between the responsible student and the victim .
c.Holding an expulsion hearing for the responsible student which grants procedural
due process to the responsible student as provided by law and within the time
period prescribed under section 15.1 - 19 - 09 . For a misdemeanor offense, before
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holding an expulsion hearing, school administration shall review the offense to
determine whether an expulsion hearing is warranted.
d.Transferring a responsible student to an alternative education program, which
may include virtual education if the responsible student is properly supervised.
e.Transferring a responsible student to another school or building within the school
district .
f.Separating the responsible student from the victim at all times in school buildings
and educational activities, if transferring the responsible student is not possible.
g.Scheduled reviews of the safety plan to assess necessary adjustments and
ensure continued safety of the victim.
h.Other measures school administration deems appropriate to ensure the safety of
the victim.
3.The school shall determine the duration of a separation resulting from the safety plan
based on:
a.The victim's input and well-being;
b.The responsible student's age at the time of adjudication or conviction;
c.The nature and severity of the offense;
d.The responsible student's compliance with recommended intervention programs;
e.The input of the victim or responsible student's legal guardian or custodian, child
welfare and mental health professionals, and legal representatives; and
f.Other factors school administration deems appropriate.
4.A victim or the victim's legal guardian or custodian may request a review of the safety
plan, including modification or removal of restrictions.
5.Upon adjudication or conviction of a responsible student, the juvenile court in a
juvenile case or the state's attorney in an adult case shall provide the superintendent
or designee of the school district in which the responsible student is enrolled with a
copy of the order of disposition or judgment and, upon consent of the victim, the
victim's name. A record provided under this section is confidential under section
27 - 20.2 - 21.
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