Office of the Revisor of Statutes
SF 1035
1st Engrossment - 94th Legislature (2025 - 2026)
Posted on 04/07/2025 09:45 a.m.
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28
2.29 2.30 2.31 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 6.1 6.2
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 proceduresdeleted text end new text begin sexual
misconduct grievance processnew text end .
(a) A postsecondary institution mustnew text begin establish a sexual
misconduct grievance process as outlined in this section. The postsecondary institution mustnew 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 studentdeleted text end . If an investigation reveals that sexual
misconduct has occurred, the new text begin postsecondarynew text end 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 any or all of the following:
new text end
new text begin
(1) disciplinary action against the responding party;
new text end
new text begin
(2) with the consent of the parties, alternative resolution options; and
new text end
new text begin
(3) academic or residential supportive measures, as requested by the victim.
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
with sufficient details related to the allegations, including the alleged misconduct; the
reporting party; and to the extent possible, 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
postsecondary institution must provide the employee grievance process if different from
the student grievance process for sexual misconduct allegations.
new text end
new text begin
(d) A postsecondary institution must offer and coordinate, as needed, academic and
residential supportive measures equitably to both reporting and responding parties
participating in a campus sexual misconduct grievance process. Supportive measures must
be determined on a case-by-case basis and may include, but are not limited to, exam or
assignment extensions, excused class absence, change in on-campus residence, or schedule
changes.
new text end
new text begin
(e) A postsecondary institution must allow the reporting and responding parties to present
and review relevant testimony by parties and witnesses, and relevant evidence compiled in
an investigative report.
new text end
new text begin
(f) A hearing or other proceeding related to disciplinary action under this section 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, investigative, 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 postsecondary
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 postsecondary 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 through written remarks or by cross-examination if a postsecondary institution
conducts a live hearing;
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 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) if a postsecondary institution conducts a hearing, provide the reporting and responding
parties with the equal 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
reporting party, concurrently with a criminal investigation, except that a postsecondary
institution may temporarily delay a campus proceeding if requested by law enforcement
and if the campus proceeding may impede 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 a postsecondary 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) an advisor; or
new text end
new text begin
(ii) an adjudicator of the campus disciplinary proceeding;
new text end
new text begin
(4) information related to character, including character witnesses, questions or evidence
about the sexual behavior or sexual preferences of the reporting party, or mental health
records must not be considered, except:
new text end
new text begin
(i) information related to the sexual behavior of the reporting party may be considered
if it substantiates that the misconduct may have occurred, and is deemed relevant by the
decision maker;
new text end
new text begin
(ii) mental health and medical information of the reporting party may be considered if
a release is signed by the reporting party and nonrelevant information is redacted;
new text end
new text begin
(iii) if a responding party is found responsible, a postsecondary institution may consider
medical and mental health information to determine sanctions; and
new text end
new text begin
(iv) questions and evidence regarding the sexual preferences or past sexual behavior of
the reporting party may be considered if such evidence is offered to prove that someone
other than the responding party committed the conduct alleged by the reporting party, or
the evidence concerns specific incidents of the reporting party's prior sexual behavior with
respect to the responding party and is offered to prove consent;
new text end
new text begin
(5) if applicable, the postsecondary institution must:
new text end
new text begin
(i) inform parties no later than 24 hours before a decision is rendered, and provide the
timeline of the outcome's release;
new text end
new text begin
(ii) offer community mental health resources and, if applicable, on-campus resources
with the notice of outcome equitably to parties; and
new text end
new text begin
(iii) not deliver the decision to the parties at the end of the day or during a weekend or
holiday to ensure parties have the opportunity to arrange supportive services;
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) a postsecondary institution must have a policy on retaliation, including what
constitutes retaliation and possible actions for students and employees if retaliation is found
to have occurred against a reporting party, responding party, or witness due to a person's
participation in a campus sexual misconduct process.
new text end