HF 2008

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/06/2025 02:41 p.m.

A bill for an act
relating to higher education; modifying provisions related to campus sexual
misconduct; amending Minnesota Statutes 2024, section 135A.15, subdivisions
1a, 2a.

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

Section 1.

Minnesota Statutes 2024, section 135A.15, subdivision 1a, is amended to read:

Subd. 1a.

Definitions.

(a) For the purposes of this section, the following terms have the
meanings given.

(b) "Advisor" means a person who is selected by a responding or reporting party to serve
as a support during a campus investigation and disciplinary process. This person may be
an attorney. An advisor serves as a support to a party by offering comfort or attending
meetings.

(c) "Domestic violence" has the meaning given in section 518B.01, subdivision 2.

(d) "Incident" means one report of sexual misconduct to a postsecondary institution,
regardless of the number of complainants included in the report, the number of respondents
included in the report, and whether or not the identity of any party is known by the reporting
postsecondary institution. Incident encompasses all nonconsensual events included within
one report if multiple events have been identified.

(e) "Intimate partner violence" means any physical or sexual harm or a pattern of any
other coercive behavior committed, enabled, or solicited to gain or maintain power and
control over a victim, including verbal, psychological, economic, or technological abuse
that may or may not constitute criminal behavior against an individual, that may be classified
as a sexual misconduct, dating violence, or domestic violence caused by:

(1) a current or former spouse of the individual; or

(2) a person in a sexual or romantic relationship with the individual.

(f) "Nonconsensual dissemination of sexual images" has the meaning given in section
617.261.

(g) "Reporting party" means the party in a disciplinary proceeding who has reported
being subjected to conduct or communication that could constitute sexual misconduct.

(h) "Responding party" means the party in a disciplinary proceeding who has been
reported to be the perpetrator of conduct or communication that could constitute sexual
misconduct.

(i) new text begin "Retaliation" means intimidation, threats, coercion, or discrimination against a
reporting party, responding party, or witness for the purpose of interfering with any right
or privilege or because the person has reported information, made a complaint, testified,
assisted, or participated or refused to participate in any manner in an investigation,
proceeding, or hearing under this section, including in nondisciplinary restorative justice
services.
new text end

new text begin (j) new text end "Sexual assault" means rape, sex offenses - fondling, sex offenses - incest, or sex
offenses - statutory rape as defined in Code of Federal Regulations, title 34, part 668, subpart
D, appendix A, as amended.

deleted text begin (j) deleted text end new text begin (k) new text end "Sexual extortion" has the meaning given in section 609.3458.

deleted text begin (k) deleted text end new text begin (l) new text end "Sex trafficking" has the meaning given in section 609.321, subdivision 7a.

deleted text begin (l) deleted text end new text begin (m) new text end "Sexual harassment" has the meaning given in section 363A.03, subdivision 43.

deleted text begin (m) deleted text end new text begin (n) new text end "Sexual misconduct" means an incident of sexual violence, intimate partner
violence, domestic violence, sexual assault, sexual harassment, nonconsensual distribution
of sexual images, sexual extortion, nonconsensual dissemination of a deepfake depicting
intimate parts or sexual acts, sex trafficking, or stalking.

deleted text begin (n) deleted text end new text begin (o) new text end "Stalking" has the meaning given in section 609.749.

Sec. 2.

Minnesota Statutes 2024, section 135A.15, subdivision 2a, is amended to read:

Subd. 2a.

Campus deleted text begin investigation and disciplinary hearing procedures deleted text end new text begin sexual
misconduct grievance process new text end .

(a) A postsecondary institution must new text begin establish a sexual
misconduct grievance process as outlined in this section. The institution must new text end provide a
reporting party an opportunity for an impartial, timely, and thorough investigation of a
report of sexual misconduct deleted text begin against a student deleted text end . If an investigation reveals that sexual
misconduct has occurred, the institution must take prompt and effective steps reasonably
calculated to end the sexual misconduct, prevent its recurrence, and, as appropriate, remedy
its effects. new text begin Remedial action may include either or both of the following:
new text end

new text begin (1) disciplinary action against the responding party; and
new text end

new text begin (2) with the consent of the victim, nondisciplinary restorative justice services.
new text end

(b) Throughout any investigation or disciplinary proceeding, a postsecondary institution
must treat the reporting parties, responding parties, witnesses, and other participants in the
proceeding with dignity and respect.

(c) deleted text begin If a postsecondary institution conducts a hearing, an advisor may provide opening
and closing remarks on behalf of a party or assist with formulating questions to the other
party or witnesses about related evidence or credibility. deleted text end new text begin A postsecondary institution must
provide due process protections before imposing disciplinary action against a responding
party who is a student. The responding party must be informed in writing of the allegations;
the reporting party; and the date, time, and location of the alleged sexual misconduct. The
responding party must be provided with the campus code of conduct guidelines listing
possible sanctions. If the responding party is an employee, the institution must publish the
employee grievance process if different from the student grievance process for sexual
misconduct allegations.
new text end

new text begin (d) A hearing or other proceeding related to disciplinary action under this paragraph is
subject to the following requirements:
new text end

new text begin (1) the reporting and responding party must be given equal opportunity to:
new text end

new text begin (i) present relevant evidence and witnesses;
new text end

new text begin (ii) retain an advisor, who may be an attorney, to serve as support to a reporting or
responding party, in any meeting, interview, or disciplinary process, and any restriction of
an advisor's role must be applied equally to the reporting and responding parties;
new text end

new text begin (iii) inspect, review, and respond to relevant evidence and testimony provided by either
party and witnesses collected through an investigative report written by the institution or
designee; and
new text end

new text begin (iv) discuss the investigation and disciplinary proceedings with their advisor and parents
or guardians;
new text end

new text begin (2) the institution must:
new text end

new text begin (i) allow for the opportunity for both parties to question the credibility of the other party
and witnesses;
new text end

new text begin (ii) appoint a decision maker or a panel of decision makers who is not the investigator
to assess credibility of the parties and witnesses;
new text end

new text begin (iii) allow an advisor to provide opening and closing remarks on behalf of a party or
assist with formulating questions to the other party or witnesses about related evidence or
credibility, if a postsecondary institution conducts a hearing;
new text end

new text begin (iv) provide the reporting and responding parties with the opportunity to provide
testimony without encountering the other party in person, and to review testimony provided
by the other party in a similar manner. This may be done through video conference or
closed-circuit television;
new text end

new text begin (v) proceed with the campus sexual misconduct grievance process, if requested by the
victim, concurrently with a criminal investigation; and
new text end

new text begin (vi) deliver the outcome of the grievance process simultaneously to the reporting and
responding party;
new text end

new text begin (3) if an institution allows for cross-examination of witnesses and parties, neither the
reporting party nor responding party may be permitted to personally cross-examine one
another or other witnesses. Any cross-examination must be performed by:
new text end

new text begin (i) a neutral third party; or
new text end

new text begin (ii) an adjudicator of the campus disciplinary proceeding;
new text end

new text begin (4) personal information related to character witness or the sexual behavior of the
reporting party or mental health records is impermissible;
new text end

new text begin (5) if applicable, the institution must:
new text end

new text begin (i) inform counseling services in a timely manner that a decision of sexual misconduct
will occur without identifying the parties;
new text end

new text begin (ii) ensure availability of services; and
new text end

new text begin (iii) refer parties equitably;
new text end

new text begin (6) in any grievance process arising from an alleged incident of sexual misconduct
against a student, a postsecondary institution must apply a preponderance of the evidence
standard of proof; and
new text end

new text begin (7) retaliation against a reporting party, responding party, or witness due to a person's
participation in a campus sexual misconduct process is prohibited.
new text end