Req. No. 5804
Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1429 By: Vancuren
AS INTRODUCED
An Act relating to higher education; enacting the
Campus Accountability and Safety Act ; specifying
applicability; defining terms; mandating state
institution of higher education coordination with
local law enforcement; directing the Oklahoma State
Regents for Higher Education to create a Uniform
Policy on Sexual Assault; directing that the Uniform
Policy on Sexual Assault require memorandum of
understanding be updated every two years ; providing
what shall be included in the memorandum of
understanding; exempting institutions from liability
for refusal by local law enforcement to enter
memorandum of understanding; directing the State
Regents to establish uniform policies and best
practices to address sexually oriented criminal
offenses; creating the role of confidential advisors;
stating training and duties of the confidential
advisor; directing institutions to l ist various
resources on their website; authorizing institutions
to provide online reporting system; establishing an
amnesty policy for stud ents who report in good faith;
directing that the State Regents, in coordination
with the Attorney General and local law enforcement,
shall develop training program; mandating an inter-
campus transfer policy to be created by the State
Regents; directing for the administration by
institution of an anonymous sexual assault climate
survey; providing for codification ; and declaring an
emergency.
Req. No. 5804
Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3260 of Title 70, unless there
is created a duplication in numberin g, reads as follows:
This act shall be known and may be cited as the "Campus
Accountability and Safety Act".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statute s as Section 3260.1 of Title 70, unless there
is created a duplication in numbering, reads as follows:
This act shall apply to each postseconda ry education institution
that receives any Title IV funding from the United States Department
of Education.
SECTION 3. NEW LAW A new s ection of law to be codified
in the Oklahoma Statutes as Sec tion 3260.2 of Title 70, unless there
is created a duplication in numbering, reads as follows:
For the purposes of this act, the following terms shall have the
following meanings unless the contex t clearly indicates otherwise:
1. "Institution" means a state educational institution as
defined in Section 3102 of Title 70 of the Oklahoma Statutes ;
2. "President" means the president of the system of the
respective institution ;
3. "Sexually oriented criminal offense" means any sexual
assault as defined in Section 112 of Title 21 of the Oklahoma
Statutes; and
Req. No. 5804
Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
4. "Title IX coordinator" means the individual designated a s a
responsible employee in Section 106. 8(a) of Title 34, Code of
Federal Regulations, as such section is in effect on the date of
enactment of this act.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3260.3 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. Each institution and law enforcemen t and criminal justice
agency located within the county of the campus of the institution
shall enter into a memorandum of understanding to clearly delinea te
responsibilities and share information in accordance with applicable
federal and state confidential ity laws, including but not limited to
trends about sexually oriented criminal offenses occurring against
students of the institution.
B. The Oklahoma State Regents for Higher Education Uniform
Policy on Sexual Assault shall require that the memorandum of
understanding, as describ ed in subsection A of this section, be
updated every two (2) years.
C. Each memorandum of understanding entered into pursuant t o
this act shall include:
1. Delineation and sharing protocols of investigative
responsibilities;
Req. No. 5804
Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. Protocols for investigati ons, including standards for
notification and communication and measures to promote evidence
preservation;
3. Agreed-upon training and requirements for the partie s to the
memorandum of understanding on issues related to sexually oriented
criminal offenses for the purpose of sharing informatio n and
coordinating training to the extent possible; and
4. A method of sharing general in formation about sexually
oriented criminal offenses occurring within the jurisdiction of the
parties to the memorandum of unders tanding in order to improve
campus safety.
D. The local law enforcement agency shall include information
on its police report regarding the status of the alleged victim as a
student at an institution as defined in this act.
E. The institution shall not b e held liable if the local law
enforcement agency refuses to enter into a memorandum of
understanding as required by this section.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statu tes as Section 3260.4 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. 1. The Oklahoma State Regents for Higher Ed ucation shall
establish the Uniform Policy on Sexual Assault, which shall include
uniform policies and best practices to implement measures to address
the reporting of sexually oriented criminal offenses on institution
Req. No. 5804
Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
campuses, the prevention of such crimes, and the medical and mental
health care needed for these alleged victims that includes
confidential advisors. The institution shall designate individuals
who shall serve as confidentia l advisors, such as health care staff,
clergy, staff of a women's center, or other such categories. Such
designation shall not preclude the institution from partnering with
national, state, or local victim services organizations to serve as
confidential advisors or to serve in other confidential roles.
2. The confidential advisor shall complete the training
requirements as provided in this act.
3. Not later than January 1, 2024, the Attorney General, in
collaboration with the State Regents, shall develop online training
materials, in addition to the training required under this act, for
the training of confidential advisors.
4. The confidential advisor shall inform the alleged victim of
the following:
a. the rights of the alleged victim under federal and
state law and the policies of the institution ,
b. the alleged victim's reporting options, including the
option to notify the institution, the option to notify
local law enforcement, and any o ther reporting
options,
c. if reasonably known, the potential consequences of the
reporting options provided in th is act,
Req. No. 5804
Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
d. the process of investigation and disciplinary
proceedings of the institution,
e. the process of investigation and adjudication of the
criminal justice system,
f. the limited jurisdiction, scop e, and available
sanctions of the institutional student disciplinary
proceeding, and that it should not be considered a
substitute for the criminal justice process ,
g. potential reasonable accommodations that the
institution may provide to an alleged victi m, and
h. the name and location of the nearest medica l facility
where an alleged victim may have a rape kit
administered by an individual trained in sexual
assault forensic med ical examination and evidence
collection, and information on transportation opti ons
and available reimbursement for a visit to such
facility.
5. The confidential advisor may, as appropriate, serv e as a
liaison between an alleged victim and the ins titution or local law
enforcement, when directed to do so in writing by an alleged victi m
who has been fully and accurately informed about wh at procedures
shall occur if information is shared, and assist an alleged victim
in contacting and reporti ng to a responsible employee or local law
enforcement.
Req. No. 5804
Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
6. The confidential advisor shall be auth orized by the
institution to liaise with appropriate staff at the institution to
arrange reasonable accommodations through the institution to allow
the alleged victim to change living arrangements or class schedules,
obtain accessibility services, or arran ge other accommodations.
7. The confidential advisor shall be authorized to accompany
the alleged victim, when requested to do so by the alleged victim,
to interviews and other proceedings of a campus investigation and
institutional disciplinary proceedings.
8. The confidential advisor shall advise the all eged victim of,
and provide written information regarding, both the alleged victim's
rights and the institution's responsibilities regarding orders of
protection, no-contact orders, restraining orders, o r similar lawful
orders issued by a court of competen t jurisdiction or by the
institution.
9. The confidential advi sor shall not be obligated to report
crimes to the institution or law enforcement in a way that
identifies an alleged victim or an accused individual, unless
otherwise required to do so by law. The confidential advisor shall,
to the extent authorized unde r law, provide confidential services to
students. Any requests for accommodations, as provided in paragraph
6 of this subsection, made by a confidential advisor shall not
trigger an investigat ion by the institution.
Req. No. 5804
Page 8 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
10. No later than the beginning of the 2023-2024 academic year,
the institution shall appoint an adequate number of confidential
advisors. The State Regents shall determine t he adequate number of
confidential advisors for an institution, based upon its size, no
later than January 1, 2024.
11. Each institution that enrolls fewer than five thousand
(5,000) students may partner with another institution in its system
or region to provide the services described in this subsection.
However, this paragraph shall not absolve the institution of its
obligations under this act.
12. Each institution may offer the same accommodations to the
accused that are hereby required to be offered to the alleged
victim.
B. The institution shall list on its website:
1. The contact information for obtaining a confidential
advisor;
2. Reporting options for alleged victims of a sexually oriented
criminal offense;
3. The process of investigation and disciplinary proceedings of
the institution;
4. The process of investigation and adjudication of the
criminal justice system;
5. Potential reasonable accommodations that the institution may
provide to an alleged victim ;
Req. No. 5804
Page 9 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
6. The telephone number and website address for a local, state,
or national hotline providing information t o sexual violence
victims, which shall be upd ated on a timely basis; and
7. The name and location of the nearest medical facility where
an individual may have a rape kit administer ed by an individual
trained in sexual assault forensic medical examination and evidence
collection, and information on transportation options and available
reimbursement for a vis it to such facility.
C. The institution may provide an online reporting system to
collect anonymous disclosures of crimes and track patterns of crime
on campus. An individual may submit a confide ntial report about a
specific crime to the institution using the online reporting system.
If the institution uses an online reporting sys tem, the online
system shall also include information regarding how to rep ort a
crime to a responsible employee and law enforcement and how to
contact a confidential advisor.
D. The institution shall provide an amnesty policy f or any
student who reports, in good faith, sexual violence to the
institution. Such student shall not be sanctioned by the
institution for a nonvi olent student conduct violation, such as
underage drinking, that is revealed in the course of such a report.
E. Not later than January 1 , 2024, the Oklahoma State Regents
for Higher Education , in coordination with the Attorney General and
in consultation with state or local victim services organizations,
Req. No. 5804
Page 10 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
shall develop a program for training for each individual who is
involved in implementing an institution 's student grievance
procedures, including each individual who is responsible for
resolving complaints of reported sex offenses or sexual misconduct
policy violations, and each employee of an institution who ha s
responsibility for conducting an interview with an all eged victim of
a sexually oriented criminal offense. Each institution shall ensure
that the individuals and employees receive the training described in
this subsection no later than the beginnin g of the 2024-2025
academic year.
F. The Oklahoma State Regents for Higher Education Uniform
Policy on Sexual Assault shall require that institutions communicate
with each other regarding transfer of students against whom
disciplinary action has been taken because of a code of conduct
violation relating to sexually oriented criminal offenses. The
State Regents' Uniform Policy on Sexual Assault shall require that
institutions withhold transcripts of students seeking a transfer
with pending disciplinary action relative to sexually oriented
criminal offenses, until such investigation and ad judication is
complete.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3260.5 of Title 70, unless there
is created a duplication in numbering, reads as follows:
Req. No. 5804
Page 11 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
A. When funding is made available, each state educational
institution shall administer an annual, anonymous sexual assault
climate survey to its students.
B. Participation in the sexual assault climate survey shall be
voluntary. No student shall be required or coerced to particip ate
in the survey nor shall any student face retribution or negative
consequence of any kind for declining to participate.
C. The Oklahoma State Regents for Higher Education shall
develop the survey and establish procedures for the administration
of the survey and shall use the survey developed by the Center on
Violence Against Women and Children at the Rutgers University S chool
of Social Work as a model.
D. Each state educational institution shall:
1. Administer the survey to students who choose to participate;
and
2. Report school-specific results of the survey to the Board of
Regents.
E. The Oklahoma State Regents for Higher Education shall:
1. Submit a written report not later than September 1 of each
year regarding the survey results of each state educational
institution and the state as a whole to t he Governor and the Senate
and House of Representatives committees on education for the
previous academic year; and
Req. No. 5804
Page 12 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. Publish the survey results on the State Regents' website and
in any other location or venu e the State Regents deem necessary or
appropriate.
SECTION 7. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its passage and approval .
58-1-5804 MJ 12/08/22