HF 742

3rd Engrossment - 89th Legislature (2015 - 2016) Posted on 03/18/2015 12:26pm

A bill for an act
relating to sexual violence; 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; providing data
classifications; requiring training of campus security officers and administrators;
requiring institutions provide student health services for victims of sexual assault;
amending Minnesota Statutes 2014, sections 13.322, by adding a subdivision;
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 13.322, is amended by adding a
subdivision to read:

new text begin Subd. 6. new text end

new text begin Campus sexual assault data. new text end

new text begin Data relating to allegations of sexual assault
at a postsecondary institution are classified in section 135A.15.
new text end

Sec. 2.

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 new text begin or leased new text end 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, organization, or event sponsored by the
system or institution, including fraternities and sororities 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. deleted text begin Each private postsecondary institution that
is an eligible institution as defined in section 136A.155, must adopt a policy that meets
the requirements of this section.
deleted text end

Sec. 3.

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

new text begin Subd. 1a. new text end

new text begin Applicability to private institutions. new text end

new text begin Each private postsecondary
institution that is an eligible institution as defined in section 136A.103 must comply with
all of the requirements imposed in this section.
new text end

Sec. 4.

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

new text begin (4) requiring campus authorities to treat sexual assault victims with dignity;
new text end

new text begin (5) requiring campus authorities to offer sexual assault victims fair and respectful
health care, counseling services, or referrals to such services;
new text end

new text begin (6) 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 (7) 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 (8) protecting the privacy of sexual assault victims by, unless otherwise required by
law, only disclosing data collected under this section to the victim, persons whose work
assignments reasonably require access, 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 (9) 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 (10) 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 (11) ensuring that a sexual assault victim is not required to repeat unnecessarily a
description of the incident of sexual assault;
new text end

new text begin (12) notice to a sexual assault victim of the availability of a campus or local program
providing sexual assault advocacy services;
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) during and after the process of investigating a complaint and conducting
a campus disciplinary procedure, 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, and establishing a process for investigating complaints of
retaliation, against sexual assault victims by campus authorities, the accused, organizations
affiliated with the accused, other students, and other employees;
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 (19) at the request of the victim, providing students who reported sexual assaults to
the institution and subsequently choose to transfer to another postsecondary institution
with information about resources for victims of sexual assault at the institution to which
the victim is transferring; and
new text end

new text begin (20) consistent with laws governing access to student records, providing a student
who reported an incident of sexual assault with access to the student's description of the
incident as it was reported to the institution, including if that student transfers to another
postsecondary institution.
new text end

new text begin (b) For the purposes of this section, "sexual assault" means forcible sex offenses
as defined in Code of Federal Regulations, title 34, part 668, subpart D, appendix A, as
amended.
new text end

Sec. 5.

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.
new text end

Sec. 6.

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 a memorandum of
understanding with the primary local law enforcement agencies that serve the campus.
The memorandum must be entered into no later than January 1, 2017, and updated every
two years thereafter. 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; and
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 employees on the
campus that are subject to the memorandum.
new text end

new text begin (c) A campus is exempt from the requirement that it develop a memorandum of
understanding under this section if the campus and local or county law enforcement
agencies establish a sexual assault protocol team to facilitate effective cooperation and
collaboration between the institution and law enforcement.
new text end

Sec. 7.

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 or an investigation is otherwise required by law.
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) Data collected under this subdivision is classified as private data on individuals
as defined by section 13.02, subdivision 12.
new text end

Sec. 8.

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. 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, the number of
incidents of sexual assault reported to the institution in the previous fiscal year, as follows:
new text end

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

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

new text begin (3) the number the victim chose to report to local or state law enforcement;
new text end

new text begin (4) the number for which a campus disciplinary proceeding is pending, but has not
reached a final resolution;
new text end

new text begin (5) the number in which the alleged perpetrator was found responsible by the
disciplinary proceeding at the institution;
new text end

new text begin (6) the number that resulted in any action by the institution greater than a warning
issued to the accused;
new text end

new text begin (7) the number that resulted in a disciplinary proceeding at the institution that closed
without resolution;
new text end

new text begin (8) the number that resulted in a disciplinary proceeding at the institution that closed
without resolution because the accused withdrew from the institution;
new text end

new text begin (9) the number that resulted in a disciplinary proceeding at the institution that closed
without resolution because the victim chose not to participate in the procedure; and
new text end

new text begin (10) the number of reports made through the online reporting system established in
subdivision 5, excluding reports submitted anonymously.
new text end

new text begin (b) If an institution previously submitted a report indicating that one or more
disciplinary proceedings was pending, but had not reached a final resolution, and one or
more of those disciplinary proceedings reached a final resolution within the previous fiscal
year, that institution must submit an updated report for the previous year that reflects
the outcome of the pending case or cases.
new text end

new text begin (c) The reports required by this subdivision must be submitted to the Office of
Higher Education by October 1 of each year. Each report must contain the data required
under paragraphs (a) and (b) from the previous fiscal year. An institution's report under
this subdivision is classified as private data on individuals as defined by section 13.02,
subdivision 12.
new text end

new text begin (d) The commissioner of the Office of Higher Education shall calculate statewide
numbers for each data item reported by an institution under this subdivision. The statewide
numbers should include data from postsecondary institutions that the commissioner could
not publish due to federal laws governing access to student records.
new text end

new text begin (e) The Office of Higher Education shall publish on its Web site:
new text end

new text begin (1) the statewide data calculated under paragraph (d); and
new text end

new text begin (2) consistent with federal laws governing access to student records and in
consultation with the applicable institution, the data items required under paragraphs (a)
and (b) for each postsecondary institution in the state.
new text end

new text begin This data shall be published as summary data as defined by section 13.02, subdivision 19,
and shall not identify alleged victims or perpetrators of crimes. Consistent with federal
laws governing access to student records, each state college or university shall, and the
University of Minnesota is requested to, publish on the institution's Web site the data items
required under paragraphs (a) and (b) for that institution.
new text end

new text begin (f) If an institution or the Office of Higher Education is unable to publish data under
this subdivision due to state or federal laws governing access to student records, it must
explain in its report why the institution did not publish such data.
new text end

Sec. 9.

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 (a) Data on incidents of sexual assault shared
with campus security officers or campus administrators responsible for investigating or
adjudicating complaints of sexual assault are classified as private data on individuals as
defined by section 13.02, subdivision 12, for the purposes of postsecondary institutions
subject to the requirements of chapter 13. Postsecondary institutions not otherwise subject
to chapter 13 must limit access to the data to only the data subject and persons whose
work assignments reasonably require access.
new text end

new text begin (b) Only individuals with explicit authorization from an institution may enter, update,
or access electronic data collected, created, or maintained under this section. 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 actions in which
data are entered, updated, accessed, 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. 10.

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 responsible for
investigating or adjudicating complaints of sexual assault 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 the
dynamics of sexual assault, neurobiological responses to trauma, and best practices for
preventing, responding to, and investigating sexual assault. The training for campus
administrators responsible for investigating or adjudicating complaints on sexual assault
shall include presentations on preventing sexual assault, responding to incidents of
sexual assault, the dynamics of sexual assault, neurobiological responses to trauma, 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 the following categories of
students complete a training on sexual assault:
new text end

new text begin (1) students pursuing a degree or certificate;
new text end

new text begin (2) students who are taking courses through the Postsecondary Enrollment Options
Act; and
new text end

new text begin (3) any other categories of students determined by the institution.
new text end

new text begin Students must complete such training no later than ten business days after the
start of a student's first semester of classes. Once a student completes such a training,
institutions must document the student's completion of the training and provide proof of
training completion to a student at the student's request. Students enrolled at more than
one institution within the same system at the same time are only required to complete
the training once. This training shall include information about topics including, but
not limited to, sexual assault as defined in subdivision 2; 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

Sec. 11.

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 and survivors 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 or counseling services designate an existing staff member or existing staff members
as confidential resources for victims of sexual assault. The confidential resource must be
available to meet with victims of sexual assault on a walk-in basis. The confidential
resource 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 resource 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.
Confidential resources must be trained 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. Data shared with a confidential resource is
classified as sexual assault communication data as defined by section 13.822, subdivision 1.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin The policy required under this subdivision must be in place
by January 1, 2017.
new text end

Sec. 12.

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. 13. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective August 1, 2016.
new text end