Approved by the Legislative Commissioner

April 14, 2014

AN ACT CONCERNING SEXUAL ASSAULT, STALKING AND INTIMATE PARTNER VIOLENCE ON CAMPUS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (a) of section 10a-55a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):

(a) On or before [September] October 1, 1991, and annually thereafter, each institution of higher education shall prepare in such manner as the president of the Board of Regents for Higher Education shall prescribe a uniform campus crime report concerning crimes committed in the immediately preceding calendar year within the geographical limits of the property owned or under the control of such institution. Such report shall be in accordance with the uniform crime reporting system pursuant to section 29-1c, provided such report is limited to those offenses included in part I of the most recently published edition of the Uniform Crime Reports for the United States as authorized by the Federal Bureau of Investigation and the United States Department of Justice, [and] sexual assault under sections 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-72b and 53a-73a, stalking under sections 53a-181c, 53a-181d and 53a-181e and family violence as designated under section 46b-38h. The state police, local police departments and special police forces established pursuant to section 10a-156b shall cooperate with institutions of higher education in preparing such reports. Institutions with more than one campus shall prepare such reports for each campus.

Sec. 2. Section 10a-55m of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):

(a) For purposes of this section and sections 3 to 6, inclusive, of this act:

(1) "Awareness programming" means [programming] institutional action designed to communicate the prevalence of sexual assaults, stalking and intimate partner violence, including the nature and number of cases of sexual assault, stalking and intimate partner violence reported at each institution of higher education in the preceding three calendar years, including, but not limited to, poster and flyer campaigns, electronic communications, films, guest speakers, symposia, conferences, seminars or panel discussions;

(2) "Bystander intervention" means the act of challenging the social norms that support, condone or permit sexual assault, stalking and intimate partner violence;

[(2)] (3) "Institution of higher education" means an institution of higher education, as defined in section 10a-55, and a for-profit institution of higher education licensed to operate in this state;

[(3)] (4) "Intimate partner violence" means any physical or sexual harm against an individual by a current or former spouse of or person in a dating relationship with such individual that results from any action by such spouse or such person that may be classified as a sexual assault under section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-72b or 53a-73a, stalking under section 53a-181c, 53a-181d or 53a-181e, or [domestic] family violence as designated under section 46b-38h;

[(4)] (5) "Primary prevention programming" means [programming] institutional action and strategies intended to prevent sexual assault, stalking and intimate partner violence before it occurs by means of changing social norms and other approaches, including, but not limited to, poster and flyer campaigns, electronic communications, films, guest speakers, symposia, conferences, seminars or panel discussions;

[(5)] (6) "Sexual assault" means a sexual assault under section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a; [and]

(7) "Stalking" means stalking under section 53a-181c, 53a-181d or 53a-181e; and

[(6)] (8) "Uniform campus crime report" means a campus crime report prepared by an institution of higher education pursuant to section 10a-55a, as amended by this act.

(b) Each institution of higher education shall adopt and disclose in such institution's annual uniform campus crime report one or more policies regarding sexual assault, stalking and intimate partner violence. Such policy or policies shall include provisions for (1) detailing the procedures that students and employees of the institution who report or disclose being the victim of sexual assault, stalking or intimate partner violence may follow after the commission of such assault, stalking or violence, regardless of where such incidences occurred, including persons or agencies to contact and information regarding the importance of preserving physical evidence of such assault, stalking or violence; (2) providing students and employees of the institution who report or disclose being the victim of sexual assault, stalking or intimate partner violence both concise, written contact information for and, if requested, professional assistance in accessing and utilizing campus, local advocacy, counseling, health and mental health services, and [written] concise information, written in plain language, concerning the rights of such students and employees to (A) notify law enforcement of such assault, stalking or violence and receive assistance from campus authorities in making any such notification, and (B) obtain a protective order, apply for a temporary restraining order or seek enforcement of an existing protective or restraining order, including, but not limited to, orders issued pursuant to section 46b-15, 46b-38c, 53a-40e, 54-1k, 54-82q or 54-82r, against the perpetrator of such assault, stalking or violence; (3) notifying such students and employees of [the] any reasonably available options for and available assistance from such institution in changing academic, living, campus transportation or working situations in response to such assault, stalking or violence; (4) honoring any lawful protective or temporary restraining orders, including, but not limited to, orders issued pursuant to section 46b-15, 46b-38c, 53a-40e, 54-1k, 54-82q or 54-82r; (5) disclosing a summary of such institution's student disciplinary procedures, including clear statements advising [such students] that (A) victims of such assault, stalking or violence shall have the opportunity to request that disciplinary proceedings begin promptly, (B) disciplinary proceedings shall be conducted by an official trained annually in issues relating to sexual assault, stalking and intimate partner violence and shall use the preponderance of the evidence standard in making a determination concerning the alleged assault, stalking or violence, (C) both the victim of such assault, stalking or violence and the accused (i) are entitled to be accompanied to any meeting or proceeding relating to the allegation of such assault, stalking or violence by an advisor or support person of their choice, provided the involvement of such advisor or support person does not result in the postponement or delay of such meeting as scheduled, and (ii) shall have the opportunity to present evidence and witnesses on their behalf during any disciplinary proceeding, (D) both such victim and accused are entitled to be informed in writing of the results of any disciplinary proceeding not later than one business day after the conclusion of such proceeding, and (E) the institution of higher education shall not disclose the identity of the victim or the accused, except as necessary to carry out a disciplinary proceeding or as permitted under state or federal law; [and] (6) disclosing a summary of such institution's employee disciplinary procedures; and (7) disclosing the range of sanctions that may be imposed following the implementation of such institution's student and employee disciplinary procedures in response to such assault, stalking or violence.

(c) Each institution of higher education shall [, within existing budgetary resources, offer] provide (1) annual sexual assault, stalking and intimate partner violence primary prevention and awareness programming for all students and employees that includes an explanation of the definition of consent in sexual relationships, [and] information concerning the reporting of incidences of such assaults, stalking and violence [,] and strategies for bystander intervention and risk reduction; and (2) ongoing sexual assault, stalking and intimate partner violence prevention and awareness campaigns.

(d) Each institution of higher education may provide the option for any student or employee of such institution who is the victim of a sexual assault, stalking or intimate partner violence to report or disclose such assault, stalking or violence to such institution anonymously. Each such institution shall notify any such student or employee of the institution's obligations under state or federal law, if any, to (1) investigate or address such assault, stalking or violence and (2) assess whether the report triggers the need for a timely warning or emergency notification, as described in 34 CFR 668.46(e), which obligations, in limited circumstances, may result in the learning of such victim's identity.

(e) Each institution of higher education shall provide concise notification, written in plain language, to each student and employee of such institution who has been the victim of sexual assault, stalking or intimate partner violence, immediately upon receiving a report of such assault, stalking or violence, of such victim's rights and options under such institution's policy or policies regarding sexual assault, stalking and intimate partner violence adopted in accordance with subsection (b) of this section.

(f) Not later than October 1, 2015, and annually thereafter, each institution of higher education shall report to the joint standing committee of the General Assembly having cognizance of matters relating to higher education, in accordance with the provisions of section 11-4a, concerning, for the immediately preceding calendar year, (1) a copy of its most recent policies regarding sexual assault, stalking and intimate partner violence adopted in accordance with subsection (b) of this section, or any revisions thereto, (2) a copy of its most recent concise written notification of a victim's rights and options under its sexual assault, stalking and intimate partner violence policy or policies required pursuant to subsection (e) of this section, (3) the number and type of sexual assault, stalking and intimate partner violence prevention, awareness and risk reduction programs at the institution, (4) the type of sexual assault, stalking and intimate partner violence prevention and awareness campaigns held by the institution, (5) the number of incidences of sexual assault, stalking and intimate partner violence reported to such institution, (6) the number of confidential or anonymous reports or disclosures to the institution of sexual assault, stalking and intimate partner violence, (7) the number of disciplinary cases at the institution related to sexual assault, stalking and intimate partner violence, and (8) the final outcome of all disciplinary cases at the institution related to sexual assault, stalking and intimate partner violence, including, but not limited to, the outcome of any appeals of such final outcome, to the extent reporting on such outcomes does not conflict with federal law.

Sec. 3. (NEW) (Effective July 1, 2014) (a) Not later than January 1, 2015, each institution of higher education shall establish a campus resource team responsible for and with representatives from each of its campuses. The campus resource team shall consist of individuals selected by the president of each institution of higher education, including, but not limited to, (1) the institution's Title IX coordinator and chief student affairs officer, or their designees, (2) not less than one member from its (A) administration, (B) counseling services office, (C) health services office, (D) women's center, (E) special police force, campus police force or campus safety personnel, (F) faculty, (G) senior and mid-level staff, (H) student body, (I) residential life office, and (J) judicial hearing board, provided such entities exist on campus, and (3) any other individuals designated by the president.

(b) Not later than January 1, 2015, the president of each institution of higher education shall invite at least one individual from each of the following to serve on its campus resource team: (1) A community-based sexual assault crisis service center; (2) a community-based domestic violence agency; and (3) the criminal justice system within the judicial district in which such institution of higher education is located, including, but not limited to, members of the state police and local police department and prosecutors employed by the Division of Criminal Justice.

(c) Each institution of higher education shall ensure that every member of the campus resource team is educated in (1) the awareness and prevention of sexual assault, stalking and intimate partner violence, and communicating with and providing assistance to any student or employee of the institution who is the victim of such assault, stalking or violence; (2) the sexual assault, stalking and intimate partner violence policies of such college or institution; (3) the provisions of Title IX of the Elementary and Secondary Education Act of 1972, 20 USC 1681 et seq., and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 USC 1092(f); (4) victim-centered response and the role of community-based sexual assault victim advocates; (5) the role and functions of each member on such campus resource team for the purpose of ensuring a coordinated response to reported incidences of sexual assault, stalking and intimate partner violence, as such terms are defined in section 10a-55m of the general statutes, as amended by this act; and (6) communicating sensitively and compassionately with the victims of such assault, stalking or violence, including, but not limited to, an awareness of responding to victims with diverse cultural backgrounds, and providing services to or assisting in locating services for such victims. For purposes of this subsection, "victim-centered response" means a systematic focus on the needs and concerns of a victim of sexual assault, stalking or intimate partner violence that (A) ensures the compassionate and sensitive delivery of services in a nonjudgmental manner, (B) ensures an understanding of how trauma affects victim behavior, (C) maintains victim safety, privacy and, where possible, confidentiality, and (D) recognizes that victims are not responsible for the assault, stalking or violence committed against them.

(d) Not later than July 1, 2015, the campus resource team shall review the sexual assault, stalking and intimate partner violence policies adopted by its institution of higher education in accordance with section 10a-55m of the general statutes, as amended by this act, and recommend to such institution protocols in accordance with such policies for providing support and services to any student or employee who reports being the victim of sexual assault, stalking or intimate partner violence. Such team shall meet not less than once per semester to review such protocols and ensure that they are updated as necessary.

Sec. 4. (NEW) (Effective July 1, 2014) Not later than January 1, 2015, each institution of higher education shall enter into and maintain a memorandum of understanding with at least one community-based sexual assault crisis service center and at least one community-based domestic violence agency for purposes of (1) ensuring that any student or employee of such institution who reports or discloses being the victim of sexual assault, stalking or intimate partner violence can access free and confidential counseling and advocacy services, either on or off campus, and (2) establishing a partnership with such service center and agency, including, but not limited to, (A) involvement of the institution's campus resource team, and (B) trainings between the institution and such service center and agency to ensure the understanding of each other's role in responding to reports and disclosures of sexual assault, stalking and intimate partner violence against students and employees of the institution and the institution's protocols for providing support and services to such students and employees, developed in accordance with subsection (b) of section 2 of this act.

Sec. 5. (NEW) (Effective July 1, 2014) (a) Each institution of higher education shall ensure that its Title IX coordinator and members of its special police force, campus police force or campus safety personnel employed by such institution of higher education are educated in the awareness and prevention of sexual assault, stalking and intimate partner violence, and in trauma-informed response.

(b) For purposes of this section, "trauma-informed response" means a response involving an understanding of the complexities of sexual assault, stalking and intimate partner violence through training centered on the neurobiological impact of trauma, the influence of societal myths and stereotypes surrounding the causes and impact of trauma, understanding the behavior of perpetrators and conducting an effective investigation on behalf of victims who have suffered trauma.

Sec. 6. (NEW) (Effective July 1, 2014) (a) Members of state and local police departments who act as first responders to any reports of sexual assault, stalking or intimate partner violence at an institution of higher education shall receive training in the awareness and prevention of sexual assault, stalking and intimate partner violence and in trauma-informed response.

(b) For purposes of this section, "trauma-informed response" means a response involving an understanding of the complexities of sexual assault, stalking and intimate partner violence through training centered on the neurobiological impact of trauma, the influence of societal myths and stereotypes surrounding the causes and impact of trauma, understanding the behavior of perpetrators and conducting an effective investigation on behalf of victims who have suffered trauma.

The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note

State Impact: None

Municipal Impact: None

Explanation

The bill results in no fiscal impact as the constituent units of higher education have the expertise to provide both the programs and reports required in the bill.

House “A” (LCO 3490) eliminated costs of $1,248,962 in FY 15 and $1,228,962 in FY 16 which were associated with reporting and training requirements beyond which the constituent units of higher education had internal expertise.

The Out Years

State Impact: None

Municipal Impact: None

OLR Bill Analysis

sHB 5029 (as amended by House "A")*

AN ACT CONCERNING SEXUAL ASSAULT, STALKING AND INTIMATE PARTNER VIOLENCE ON CAMPUS.

SUMMARY:

By law, public and independent higher education institutions must adopt and disclose one or more policies on sexual assault and intimate partner violence. Institutions must also offer sexual assault and intimate partner violence primary prevention and awareness programming and campaigns.

This bill expands the scope of the policies and prevention and awareness programming by (1) requiring for-profit institutions licensed to operate in Connecticut to comply with them and (2) applying them to (a) stalking and (b) institutions' employees. It also (1) requires all institutions (public, independent, and for-profit), after a reported incident, to immediately provide concise written notification to each victim regarding his or her rights and options under the institution's policy or policies and (2) allows all institutions to permit anonymous reporting.

The bill requires all higher education institutions to report annually to the Higher Education Committee concerning their policies, prevention and awareness programming and campaigns, and the number of incidents and disciplinary cases involving sexual assault, stalking, and intimate partner violence. It also requires institutions to include information about stalking and family violence in their annual uniform campus crime reports.

The bill (1) requires all higher education institutions to establish a campus resource team to review their policies and recommend protocols for providing support and services to students and employees who report being victims and (2) establishes membership and education requirements for the team. It establishes additional (1) education requirements for the institution's Title IX coordinator and special police force, campus police force, or campus safety personnel and (2) training requirements for members of the state or local police who respond to campus incidents.

The bill requires all higher education institutions to enter into a memorandum of understanding (MOU) with at least one community-based sexual assault crisis service center and one community-based domestic violence agency. The MOU must (1) establish a partnership with the service and agency and (2) ensure that victims can access free and confidential counseling and advocacy services, either on or off campus.

Lastly, the bill makes technical changes.

*House Amendment “A” replaces the original file, which contained similar policy, reporting, and education requirements.

EFFECTIVE DATE: July 1, 2014

§ 2 — INSTITUTION POLICIES

By law, each public and independent higher education institution must adopt one or more policies concerning sexual assault and intimate partner violence. The policies must include provisions for (1) providing information to students about their options for assistance if they are victims of such violence, (2) disciplinary procedures, and (3) possible sanctions. Institutions must include the policies in their uniform campus crime report, which is produced annually and available on request to students, employees, and applicants for admission.

The bill expands the scope of the policies by (1) requiring for-profit institutions licensed to operate in Connecticut to comply with them and (2) applying them to (a) stalking and (b) institutions' employees. Under current law, stalking is addressed by the institutions' policies only in the context of intimate partner violence, which is limited to harm against an individual by a current or former spouse or by a partner in a dating relationship. However, neither current law nor the bill require for-profit institutions to produce the uniform campus crime report.

The bill specifies that the institutions' policies apply to incidences of sexual assault, stalking, and intimate partner violence wherever they occur (i.e., on or off campus). It also specifies that the policies apply to people who report or disclose being a victim. Under current law, they apply only to people who report being a victim.

The bill allows all higher education institutions to permit victims to report or disclose incidents anonymously. The institution must notify the victim of its obligations under state or federal law, if any, to (1) investigate or address the alleged sexual assault, stalking, or intimate partner violence and (2) assess whether the report triggers the need for a timely warning or emergency notification pursuant to federal regulations. These obligations may, in limited circumstances, result in the victim's identity becoming known (see BACKGROUND).

Under current law, an institution's disciplinary proceedings must be conducted by an official trained in issues relating to sexual assault and intimate partner violence. The bill requires that this training be annual and that it also include stalking.

Information Provided to Victims

By law, institutions' policies must have a provision for giving contact information for and, if requested, professional assistance in accessing and using campus, local advocacy, counseling, health, and mental health services. The bill requires the contact information to be concise and in writing. By law, the policies must also provide written information about a victim's rights to (1) notify law enforcement and receive assistance from campus authorities in making the notification and (2) obtain a protective order, apply for a temporary restraining order, or seek enforcement of an existing order. The bill specifies that this information must be concise and written in plain language.

The bill requires all higher education institutions to provide concise notification, written in plain language, to each student and employee who has been the victim of sexual assault, stalking, or intimate partner violence regarding his or her rights and options under the institution's policy or policies. The institution must provide this notification immediately upon receiving a report of the incident. In addition to the rights listed above, the victim's rights and options under existing law include, among other things, reasonably available opportunities to change academic, living, campus transportation, or working situations.

§§ 1 & 2 — PREVENTION AND AWARENESS PROGRAMMING AND CAMPAIGNS

By law, public and independent higher education institutions must offer, within existing budgetary resources (1) sexual assault and intimate partner violence primary prevention and awareness programming for all students and (2) ongoing prevention and awareness campaigns. The bill:

1. requires for-profit institutions to offer the programming and campaigns;

2. requires the programming and campaigns to also address stalking;

3. requires the programming to be provided (a) annually and (b) to all employees, not just students as under current law;

4. eliminates the requirement that the programming and campaigns be within existing budgetary resources; and

5. specifies that prevention and awareness programming includes poster and flyer campaigns, electronic communications, films, guest speakers, symposia, conferences, seminars, or panel discussions.

It also specifies that the programming must include strategies for bystander intervention. (Current law requires that the programming address bystander intervention, without a reference to strategies.) The bill defines “bystander intervention” as the act of challenging social norms that support, condone, or permit sexual assault, stalking, and intimate partner violence.

§§ 1 & 2 — REPORTING

§ 2 — Annual Report to Higher Education Committee

The bill requires all higher education institutions, annually beginning October 1, 2015, to submit a report to the Higher Education Committee that includes, for the immediately preceding calendar year, the following information concerning sexual assault, stalking, and intimate partner violence:

1. a copy of the institution's (a) most recently adopted policies and (b) most recent concise written notification of a victim's rights and options under these policies;

2. the number and type of prevention, awareness, and risk reduction programs at the institution;

3. the type of prevention and awareness campaigns at the institution;

4. the number of incidents reported to the institution;

5. the number of confidential or anonymous reports or disclosures; and

6. the number of disciplinary cases and the final outcome of these cases, including the outcome of any appeals, to the extent that reporting the outcomes does not conflict with federal law.

§ 1 — Uniform Campus Crime Reports

By law, each public and independent higher education institution (but not for-profit institutions) must annually publish a uniform campus crime report and make it available on request to students, employees, and applicants for admission. The report must include information about certain crimes committed in the immediately preceding calendar year within the geographical limits of property the institution owns or controls. The bill requires the report to additionally include information about incidences of (1) 1^st, 2^nd, and 3^rd degree stalking and (2) family violence (which includes various crimes committed against a family or household member). It also requires the report to be published annually by October 1, rather than September 1 as current law requires.

§ 3 — CAMPUS RESOURCE TEAM

Membership

The bill requires each public, independent, and for-profit higher education institution to establish a campus resource team by January 1, 2015. The team must have representatives from, and be responsible for, each of the institution's campuses. The institution's president selects the team members, who must include the institution's Title IX coordinator (under federal law, each institution receiving federal student aid must designate a Title IX coordinator) and chief student affairs officer, or their designees, and, to the extent they exist on campus, at least one representative from the institution's: (1) administration; (2) counseling services office; (3) health services office; (4) women's center; (5) special police force, campus police force, or campus safety personnel; (6) faculty; (7) senior and mid-level staff; (8) student body; (9) residential life office; and (10) judicial hearing board.

The team may also include any other members designated by the institution's president. Additionally, the president must invite to serve on the team at least one representative from (1) a community-based sexual assault crisis service center; (2) a community-based domestic violence agency; and (3) the criminal justice system in the institution's judicial district, including state and local police and state prosecutors.

Education Requirements

The bill requires the institution to ensure that each team member is educated in the following areas:

1. the awareness and prevention of sexual assault, stalking, and intimate partner violence;

2. communicating with and providing assistance to students or employees who are victims;

3. the institution's sexual assault, stalking, and intimate partner violence polices;

4. the provisions of (a) Title IX of the federal Elementary and Secondary Education Act of 1972 (Title IX) and (b) the federal Clery Act (see BACKGROUND);

5. victim-centered response and the role of community-based sexual assault victim advocates;

6. the role and function of each team member in ensuring a coordinated response to reports of sexual assault, stalking, and intimate partner violence; and

7. communicating sensitively and compassionately with victims, including an awareness of responding or providing services to, or assisting in locating services for, victims from diverse cultural backgrounds.

The bill defines “victim-centered response” as a systematic focus on a victim's needs and concerns that (1) ensures services are delivered in a compassionate, sensitive, nonjudgmental manner; (2) ensures an understanding of how trauma affects victim behavior; (3) maintains victim safety, privacy and, where possible, confidentiality; and (4) recognizes that victims are not responsible for the assault, stalking, or violence committed against them.

Duties

The bill requires the campus resource team, by July 1, 2015, to (1) review the institution's sexual assault, stalking, and intimate partner violence policies and (2) recommend to the institution protocols for providing support and services to students and employees who report being victims. The team must meet at least once a semester to review the protocols and ensure that they are updated as necessary.

§§ 5 & 6 — ADDITIONAL EDUCATION AND TRAINING REQUIREMENTS

The bill requires each public, independent, and for-profit higher education institution to ensure that its Title IX coordinator and members of its special police force, campus police force, or campus safety personnel employed by the institution are educated in the awareness and prevention of sexual assault, stalking, and intimate partner violence, and in trauma-informed response. It also requires members of the State Police and local police departments who act as first responders to reports of sexual assault, stalking, or intimate partner violence at the institution to receive training in (1) the awareness and prevention of these crimes and (2) trauma-informed response.

The bill defines “trauma-informed response” as one that understands the complexities of sexual assault, stalking, and intimate partner violence through training centered on (1) the neurobiological impact of trauma, (2) the influence of societal myths and stereotypes surrounding trauma's causes and impact, (3) understanding perpetrators' behavior, and (4) conducting an effective investigation on behalf of trauma victims.

§ 4 — MEMORANDA OF UNDERSTANDING

The bill requires each public, independent, and for-profit higher education institution, by January 1, 2015, to enter into an MOU with at least one community-based sexual assault crisis service center and one community-based domestic violence agency. The MOUs must (1) establish a partnership with the service and agency and (2) ensure that a student or employee who reports or discloses being a victim of sexual assault, stalking, or intimate partner violence can access free and confidential counseling and advocacy services, either on or off campus.

The partnership must include (1) involvement of the institution's campus resource team and (2) training between the institution and service center and agency to (a) understand each other's role in responding to reports and disclosures of sexual assault, stalking, and intimate partner violence against students and employees and (b) the institution's protocols for providing support and services to such students and employees.

BACKGROUND

Confidential or Anonymous Reporting

The U.S. Department of Education's Office of Civil Rights (OCR) enforces federal laws and regulations concerning sexual harassment (which includes sexual violence) in higher education institutions. In an April 2011 “Dear Colleague” letter (an official statement of department policy), OCR stated that an institution should evaluate a sexual harassment victim's request for confidentiality in the context of its responsibility to provide a safe and nondiscriminatory environment for all students. Factors the institution may consider include the seriousness of the alleged harassment, the victim's age, whether the alleged perpetrator has been the subject of other harassment complaints, and the alleged perpetrator's due process rights. The institution should inform the victim if it cannot ensure confidentiality.

Title IX

Title IX (20 USC § 1681 et seq.) prohibits discrimination on the basis of sex by any institution that receives federal student aid (e.g., Pell grants and student loans). Under Title IX, sexual harassment (which includes sexual violence) is a form of sex discrimination.

Clery Act

The federal Clery Act (20 USC § 1092(f)) requires institutions that receive federal student aid to, among other things, adopt and disclose policy statements that address several campus safety-related issues. One of these statements must specifically address the institution's sexual offense policy, procedures, and programs. The Clery Act also requires institutions to annually report several crime statistics to the U.S. Department of Education.

COMMITTEE ACTION

Higher Education and Employment Advancement Committee

Joint Favorable Substitute

Public Safety and Security Committee

Joint Favorable