SF 1300

as introduced - 89th Legislature (2015 - 2016) Posted on 03/18/2015 02:45pm

A bill for an act
relating to higher education; data practices; requiring changes to campus policies
on sexual harassment and sexual violence; encouraging good faith reporting
of sexual harassment and sexual violence; requiring coordination between
postsecondary institutions and law enforcement; requiring postsecondary
institutions to create an online reporting system; restricting access to data;
requiring training of campus security officers and administrators; requiring
institutions provide student health services for victims of sexual assault;
amending Minnesota Statutes 2014, section 135A.15, subdivisions 1, 2, by adding
subdivisions; proposing coding for new law in Minnesota Statutes, chapter 626.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 135A.15, subdivision 1, is amended to read:

Subdivision 1.

Policy required.

The Board of Trustees of the Minnesota State
Colleges and Universities shall, and the University of Minnesota is requested to, adopt
a clear, understandable written policy on sexual harassment and sexual violence that
informs victims of their rights under the crime victims bill of rights, including the right to
assistance from the Crime Victims Reparations Board and the commissioner of public
safety. The policy must apply to students and employees and must provide information
about their rights and duties. The policy must apply to criminal incidents new text begin against a
student or employee of a postsecondary institution new text end occurring on property owned by the
postsecondary system or institution deleted text begin in which the victim is a student or employee of that
system or institution deleted text end new text begin or at any activity, program, or event sponsored by the system or
institution new text end . It must include procedures for reporting incidents of sexual harassment or
sexual violence and for disciplinary actions against violators. During student registration,
each technical college, community college, or state university shall, and the University of
Minnesota is requested to, provide each student with information regarding its policy. A
copy of the policy also shall be posted at appropriate locations on campus at all times.
Each private postsecondary institution that is deleted text begin an eligible institution as defined in section
136A.155 deleted text end new text begin registered as a postsecondary institution under section 136A.65 new text end , must deleted text begin adopt a
policy that meets the deleted text end new text begin comply with the new text end requirements of this section.

Sec. 2.

Minnesota Statutes 2014, section 135A.15, subdivision 2, is amended to read:

Subd. 2.

Victims' rights.

new text begin (a) new text end The policy required under subdivision 1 shall, at
a minimum, require that students and employees be informed of the policy, and shall
include provisions for:

(1) filing criminal charges with local law enforcement officials in sexual assault cases;

(2) new text begin treating disclosures of sexual assault seriously;
new text end

new text begin (3) new text end the prompt assistance of campus authorities, at the request of the victim, in
notifying the appropriate law enforcement officials and disciplinary authorities of a
sexual assault incident;

new text begin (4) allowing sexual assault victims to decide whether to refer a case to law
enforcement;
new text end

new text begin (5) requiring campus authorities to treat sexual assault victims with dignity;
new text end

new text begin (6) requiring campus authorities to offer sexual assault victims fair and respectful
health care and counseling services;
new text end

new text begin (7) preventing campus authorities from suggesting a victim of sexual assault is at
fault for the crimes or violations that occurred;
new text end

new text begin (8) preventing campus authorities from suggesting that a victim of sexual assault
should have acted in a different manner to avoid such a crime;
new text end

new text begin (9) protecting the privacy of sexual assault victims by only disclosing data collected
under this section to the victim, campus officials investigating a report or conducting a
disciplinary procedure related to the incident, and, at a sexual assault victim's request,
police conducting a criminal investigation;
new text end

deleted text begin (3) deleted text end new text begin (10) new text end an investigation and resolution of a sexual assault complaint by campus
disciplinary authorities;

deleted text begin (4) deleted text end new text begin (11) new text end a sexual assault victim's participation in and the presence of the victim's
attorney or other support person at any new text begin meeting with campus officials concerning a sexual
assault complaint or new text end campus disciplinary proceeding concerning a sexual assault complaint;

new text begin (12) ensuring that a sexual assault victim is not required to repeat unnecessarily a
description of the incident of sexual assault;
new text end

deleted text begin (5) deleted text end new text begin (13) new text end notice to a sexual assault victim of the outcome of any campus disciplinary
proceeding concerning a sexual assault complaint, consistent with laws relating to data
practices;

deleted text begin (6) deleted text end new text begin (14) new text end the complete and prompt assistance of campus authorities, at the direction
of law enforcement authorities, in obtaining, securing, and maintaining evidence in
connection with a sexual assault incident;

deleted text begin (7) deleted text end new text begin (15) new text end the assistance of campus authorities in preserving for a sexual assault
complainant or victim materials relevant to a campus disciplinary proceeding; deleted text begin and
deleted text end

deleted text begin (8) deleted text end new text begin (16) new text end the assistance of campus personnel, in cooperation with the appropriate law
enforcement authorities, at a sexual assault victim's request, in shielding the victim from
unwanted contact with the alleged assailant, including transfer of the victim to alternative
classes or to alternative college-owned housing, if alternative classes or housing are
available and feasible deleted text begin . deleted text end new text begin ;
new text end

new text begin (17) forbidding retaliation against sexual assault victims, including retaliation by
campus authorities or the accused; and
new text end

new text begin (18) allowing sexual assault victims to practice their religion and exercise their
civil rights without interference by the investigative, criminal justice, or student conduct
process of the institution.
new text end

new text begin (b) For the purposes of this section, "sexual assault" means sexual assault as defined
in section 611A.211, subdivision 4.
new text end

Sec. 3.

Minnesota Statutes 2014, section 135A.15, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Uniform amnesty. new text end

new text begin The Board of Trustees of the Minnesota State Colleges
and Universities shall, and the University of Minnesota is requested to, include in the
system's sexual harassment and violence policy a provision that no student who reports,
in good faith, an act of sexual harassment or sexual violence shall be sanctioned by the
institution for admitting to a violation of the institution's student conduct policy on the
use of drugs or alcohol as part of the report. Each private postsecondary institution that is
registered under section 136A.65 must comply with the requirements of this subdivision.
new text end

Sec. 4.

Minnesota Statutes 2014, section 135A.15, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Coordination with local law enforcement. new text end

new text begin (a) The Board of Trustees of
the Minnesota State Colleges and Universities shall, and the University of Minnesota is
requested to, direct each campus in the system to enter into and update every two years
a memorandum of understanding with all local law enforcement agencies that serve the
campus. Each private postsecondary institution that is registered under section 136A.65
must comply with the requirements of this subdivision. This memorandum shall clearly
delineate responsibilities and require information sharing, in accordance with applicable
state and federal privacy laws, about certain crimes including, but not limited to, sexual
assault. This memorandum of understanding shall provide:
new text end

new text begin (1) delineation and sharing protocols of investigative responsibilities;
new text end

new text begin (2) protocols for investigations, including standards for notification and
communication and measures to promote evidence preservation;
new text end

new text begin (3) a method of sharing information about specific crimes, when directed by the
victim, and a method of sharing crime details anonymously in order to better protect
overall campus safety.
new text end

new text begin (b) Prior to the start of each academic year, the Board of Trustees of the Minnesota
State Colleges and Universities shall, and the University of Minnesota is requested to,
distribute an electronic copy of the memorandum of understanding to all students and
employees on the campus that are subject to the memorandum.
new text end

Sec. 5.

Minnesota Statutes 2014, section 135A.15, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Online reporting system. new text end

new text begin (a) The Board of Trustees of the Minnesota
State Colleges and Universities shall, and the University of Minnesota is requested to,
provide an online reporting system to receive complaints of sexual harassment and sexual
violence from students and employees. The system must permit anonymous reports,
provided that the institution is not obligated to investigate an anonymous report, unless
a formal report is submitted through the process established in the institution's sexual
harassment and sexual violence policy.
new text end

new text begin (b) The Board of Trustees of the Minnesota State Colleges and Universities shall,
and the University of Minnesota is requested to, provide students making reports under
this section with information about who will receive and have access to the reports filed,
how the information gathered through the system will be used, and contact information for
on-campus and off-campus organizations serving victims of sexual violence.
new text end

new text begin (c) Each private postsecondary institution that is registered under section 136A.65
must comply with the requirements of this subdivision.
new text end

Sec. 6.

Minnesota Statutes 2014, section 135A.15, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Data collection and reporting. new text end

new text begin (a) The Board of Trustees of the
Minnesota State Colleges and Universities and the University of Minnesota shall annually
report statistics on sexual assault. Each private postsecondary institution that is registered
under section 136A.65 must comply with the requirements of this subdivision. This report
must be prepared in addition to any federally required reporting on campus security,
including reports required by the Jeanne Clery Disclosure of Campus Security Policy and
Campus Crime Statistics Act, United States Code, title 20, section 1092(f). The report
must include, but not be limited to:
new text end

new text begin (1) the number of incidents that were investigated by the institution;
new text end

new text begin (2) the number of incidents that were referred for a disciplinary proceeding at the
institution;
new text end

new text begin (3) the number of incidents that were referred to local or state law enforcement;
new text end

new text begin (4) the number of alleged perpetrators that were found responsible by the disciplinary
proceeding at the institution;
new text end

new text begin (5) the number of disciplinary proceedings at the institution that resulted in any
action by the institution greater than a warning issued to the accused;
new text end

new text begin (6) the number of disciplinary proceedings at the institution that have closed without
resolution; and
new text end

new text begin (7) the number of reports made through the online reporting system established in
subdivision 5.
new text end

new text begin (b) The data reported as part of this subdivision shall be provided as summary data
and shall not identify alleged victims or perpetrators of crimes. The report required by
this section must be submitted to the Office of Higher Education. The Office of Higher
Education shall publish the data reported under this subdivision on its Web site. Each
technical college, community college, or state university shall, and the University of
Minnesota is requested to, publish the data reported as part of this subdivision on its
Web site.
new text end

Sec. 7.

Minnesota Statutes 2014, section 135A.15, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Access to data; audit trail. new text end

new text begin Only individuals with explicit authorization
from an institution may enter, update, or access data collected, created, or maintained
under subdivision 5. The ability of authorized individuals to enter, update, or access
data must be limited through the use of role-based access that corresponds to the official
duties or training level of the individual and the institutional authorization that grants
access for that purpose. All queries and responses, and all actions in which data are
entered, updated, accessed, or shared or disseminated outside of the institution, must be
recorded in a data audit trail. An institution shall immediately and permanently revoke the
authorization of any individual determined to have willfully entered, updated, accessed,
shared, or disseminated data in violation of this subdivision or any provision of chapter
13. If an individual is determined to have willfully gained access to data without explicit
authorization, the matter shall be forwarded to a county attorney for prosecution.
new text end

Sec. 8.

Minnesota Statutes 2014, section 135A.15, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Comprehensive training. new text end

new text begin (a) The Board of Trustees of the Minnesota State
Colleges and Universities shall, and the University of Minnesota is requested to, provide
campus security officers and campus administrators with comprehensive training on
preventing and responding to sexual assault in collaboration with the Bureau of Criminal
Apprehension or another law enforcement agency with expertise in criminal sexual
conduct. The training for campus security officers shall include a presentation on best
practices for preventing, responding to, and investigating sexual assault. The training for
campus administrators shall include presentations on preventing sexual assault, responding
to incidents of sexual assault, and compliance with state and federal laws on sexual assault.
new text end

new text begin (b) The Board of Trustees of the Minnesota State Colleges and Universities shall,
and the University of Minnesota is requested to, require that each incoming student
complete online training on sexual assault prior to registering for courses on campus. This
training shall include information about topics including, but not limited to, sexual assault
as defined in section 611A.211, subdivision 4; consent as defined in section 609.341,
subdivision 4; preventing and reducing the prevalence of sexual assault; procedures for
reporting campus sexual assault; and campus resources on sexual assault, including
organizations that support victims of sexual assault.
new text end

new text begin (c) The Board of Trustees of the Minnesota State Colleges and Universities shall,
and the University of Minnesota is requested to, annually train individuals responsible
for responding to reports of sexual assault. This training shall include information about
best practices for interacting with victims of sexual assault, including how to reduce the
emotional distress resulting from the reporting, investigatory, and disciplinary process.
new text end

new text begin (d) Each private postsecondary institution that is registered under section 136A.65
must comply with the requirements of this subdivision.
new text end

Sec. 9.

Minnesota Statutes 2014, section 135A.15, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Student health services. new text end

new text begin (a) The Board of Trustees of the Minnesota State
Colleges and Universities shall, and the University of Minnesota is requested to, develop
and implement a policy that requires student health service providers to screen students for
incidents of sexual assault. Student health service providers shall offer students information
on resources available to victims of sexual assault including counseling, mental health
services, and procedures for reporting incidents of sexual assault to the institution.
new text end

new text begin (b) The Board of Trustees of the Minnesota State Colleges and Universities shall,
and the University of Minnesota is requested to, require that each institution offering
student health services designate an existing staff member or existing staff members as
confidential advocates for victims of sexual assault. The confidential advocate must be
available to meet with victims of sexual assault on a walk-in basis. The confidential
advocate must provide victims of sexual assault with information about locally available
resources for victims of sexual assault, including, but not limited to, mental health services
and legal assistance. The confidential advocate must provide victims of sexual assault
with information about the process for reporting an incident of sexual assault to campus
authorities or local law enforcement. The victim of sexual assault shall decide whether to
report an incident of sexual assault to campus authorities or local law enforcement. Each
institution must train confidential advisors in all aspects of responding to incidents of
sexual assault including, but not limited to, best practices for interacting with victims of
trauma, preserving evidence, campus disciplinary and local legal processes, and locally
available resources for victims of sexual assault.
new text end

new text begin (c) Each private postsecondary institution that is registered under section 136A.65
must comply with the requirements of this subdivision.
new text end

Sec. 10.

new text begin [626.891] COOPERATION WITH POSTSECONDARY INSTITUTIONS.
new text end

new text begin Local law enforcement agencies, including law enforcement agencies operated by
statutory cities, home rule charter cities, and counties, must enter into and honor the
memoranda of understanding required under section 135A.15.
new text end

Sec. 11. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 10 are effective August 1, 2015, provided that the memoranda of
understanding required under sections 4 and 10 must be entered no later than January 1,
2016, and the policy required under section 9 must be in place no later than January 1, 2016.
new text end