SF 1045

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/07/2024 03:48pm

A bill for an act
relating to higher education; amending a postsecondary institution's mandated
sexual harassment and sexual assault policy; imposing requirements for campus
investigations and disciplinary proceedings; incorporating these requirements into
the Minnesota Human Rights Act; amending Minnesota Statutes 2022, sections
135A.15, subdivisions 1, 1a, 2, 5, 8, by adding a subdivision; 363A.13, subdivision
1.

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

Section 1.

Minnesota Statutes 2022, section 135A.15, subdivision 1, is amended to read:

Subdivision 1.

Applicability; policy required.

(a) This section applies to the following
postsecondary institutions:

(1) institutions governed by the Board of Trustees of the Minnesota State Colleges and
Universities; and

(2) private postsecondary institutions that offer in-person courses on a campus located
in Minnesota and which are eligible institutions as defined in section 136A.103, provided
that a private postsecondary institution with a systemwide enrollment of fewer than 100
students in the previous academic year is exempt from subdivisions 4 to 10.

Institutions governed by the Board of Regents of the University of Minnesota are
requested to comply with this section.

(b) A postsecondary institution must 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 deleted text begin criminal deleted text end incidents new text begin of sexual harassment or sexual assault new text end against a student or
employee of a postsecondary institution occurring on property owned or leased by the
postsecondary system or institution or at any activity, program, organization, or event
sponsored by the system or institution deleted text begin , deleted text end or by a fraternity deleted text begin and deleted text end new text begin or new text end sorority new text begin , regardless of
whether the activity, program, organization, or event occurs on or off property owned or
leased by the postsecondary 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, a postsecondary institution shall 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.

Sec. 2.

Minnesota Statutes 2022, section 135A.15, subdivision 1a, is amended to read:

Subd. 1a.

deleted text begin Sexual assault definition deleted text end new text begin Definitions new text end .

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

(b) "Incident" means one report of sexual assault 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.

new text begin (c) "Reporting party" means the party in a disciplinary proceeding who has reported
being subject to conduct or communication that could constitute sexual harassment or sexual
assault.
new text end

new text begin (d) "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
harassment or sexual assault.
new text end

deleted text begin (c) deleted text end new text begin (e) 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.

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

Sec. 3.

Minnesota Statutes 2022, 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;

(3) allowing sexual assault victims to decide whether to report a case to law enforcement new text begin
or participate in a campus investigation, disciplinary proceeding, or nondisciplinary
restorative justice service new text end ;

(4) requiring campus authorities to treat sexual assault victims with dignity;

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

(6) preventing campus authorities from suggesting to a victim of sexual assault that the
victim is at fault for the crimes or violations that occurred;

(7) preventing campus authorities from suggesting to a victim of sexual assault that the
victim should have acted in a different manner to avoid such a crime;

(8) subject to deleted text begin subdivision deleted text end new text begin subdivisions 2a and new text end 10, protecting the privacy of sexual assault
victims by 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;

(9) an investigation and resolution of a sexual assault complaint by campus disciplinary
authorities;

(10) a sexual assault victim's participation in and the presence of the victim's attorney
or other support person who is not a fact witness to the sexual assault at any meeting with
campus officials concerning the victim's sexual assault complaint or campus disciplinary
proceeding concerning a sexual assault complaint;

(11) ensuring that a sexual assault victim may decide when to repeat a description of
the incident of sexual assault;

(12) notice to a sexual assault victim of the availability of a campus or local program
providing sexual assault advocacy services and information on free legal resources and
services;

(13) 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;

(14) 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;

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

(16) during and after the process of investigating a complaint and conducting a campus
disciplinary procedure, 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;

(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;

(18) 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; deleted text begin and
deleted text end

(19) 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 deleted text begin . deleted text end new text begin ; and
new text end

new text begin (20) prohibiting campus authorities from conditioning a financial aid or a remedial action
on the survivor entering into a nondisclosure agreement or other contract restricting the
survivor's ability to disclose information in connection with a sexual assault complaint,
investigation, or hearing.
new text end

new text begin (b) None of the rights given to a student by the policy required by subdivision 1 may be
made contingent upon the student reporting a case to law enforcement or participating in a
campus investigation or disciplinary proceeding.
new text end

Sec. 4.

Minnesota Statutes 2022, section 135A.15, is amended by adding a subdivision to
read:

new text begin Subd. 2a. new text end

new text begin Campus investigation and disciplinary hearing procedures. new text end

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

new text begin (1) disciplinary action against the perpetrator of the sexual harassment or sexual assault;
or
new text end

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

new text begin (b) A postsecondary institution must provide adequate due process protections before
it imposes any disciplinary action against a responding party who is a student. A hearing
or other proceeding related to disciplinary action under this paragraph must be 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) have others present, including an advisor of their choice, who may be an attorney;
new text end

new text begin (ii) present witnesses and evidence;
new text end

new text begin (iii) discuss the investigation and disciplinary proceedings;
new text end

new text begin (iv) inspect and review any evidence obtained as part of the investigation that is directly
related to the allegations raised; and
new text end

new text begin (v) respond to evidence presented;
new text end

new text begin (2) if an institution allows for cross-examination of witnesses, neither the reporting party
nor the 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;
new text end

new text begin (ii) the reporting or responding party's respective attorney or advisor; or
new text end

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

new text begin (3) a postsecondary institution must provide the reporting and responding parties 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; and
new text end

new text begin (4) if an institution allows for the participation of an attorney or advocate aligned with
either the responding or reporting party:
new text end

new text begin (i) the institution must allow the attorney or advocate from the reporting and responding
parties to participate; and
new text end

new text begin (ii) any restrictions on the attorney or advocate's participation must be applied equally
to the reporting and responding parties.
new text end

new text begin (c) In any disciplinary proceeding arising from an alleged incident of sexual harassment
against a student or sexual assault against a student, a postsecondary institution must apply
a preponderance of the evidence standard of proof.
new text end

new text begin (d) 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, respect, and fairness.
new text end

Sec. 5.

Minnesota Statutes 2022, section 135A.15, subdivision 5, is amended to read:

Subd. 5.

Online reporting system.

(a) A postsecondary institution must 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.

(b) A postsecondary institution must provide students making reports under this
subdivision 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.

(c) Data collected under this subdivision is classified as private data on individuals as
defined by section 13.02, subdivision 12. 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 begin (d) A postsecondary institution's procedures for receiving reports of sexual harassment
or sexual assault may not require a student or employee to use the online reporting system
in order to submit a report, but must provide multiple reporting options that the reporter can
pursue separately or simultaneously. Reporting options under this paragraph must include
verbal reports to an appropriate campus authority.
new text end

Sec. 6.

Minnesota Statutes 2022, section 135A.15, subdivision 8, is amended to read:

Subd. 8.

Comprehensive training.

(a) A postsecondary institution must 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.

(b) The following categories of students who attend, or will attend, one or more courses
on campus or will participate in on-campus activities must be provided sexual assault
new text begin prevention new text end training:

(1) students pursuing a degree or certificate;

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

(3) any other categories of students determined by the institution.

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 the 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.

The training shall include information about topics including but not limited to sexual
assault as defined in subdivision 1a; 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.

(c) A postsecondary institution deleted text begin shall deleted text end new text begin must new text end annually train individuals responsible for
responding to reports of sexual assault new text begin , campus security officers, and campus administrators
responsible for investigating or adjudicating complaints of sexual assault new text end . This training shall
include information about new text begin victim-centered new text end best practices for interacting with victims of
sexual assault, including how to reduce the emotional distress resulting from the reporting,
investigatory, and disciplinary process.

Sec. 7.

Minnesota Statutes 2022, section 363A.13, subdivision 1, is amended to read:

Subdivision 1.

Utilization; benefit or services.

new text begin (a) new text end It is an unfair discriminatory practice
to discriminate in any manner in the full utilization of or benefit from any educational
institution, or the services rendered thereby to any person because of race, color, creed,
religion, national origin, sex, age, marital status, status with regard to public assistance,
sexual orientation, or disability, or to fail to ensure physical and program access for disabled
persons.

new text begin (b) new text end For purposes of this subdivision, program access includes but is not limited to
providing taped texts, interpreters or other methods of making orally delivered materials
available, readers in libraries, adapted classroom equipment, and similar auxiliary aids or
services. Program access does not include providing attendants, individually prescribed
devices, readers for personal use or study, or other devices or services of a personal nature.

new text begin (c) For purposes of this subdivision, full utilization of services rendered includes but is
not limited to access to the investigation and discipline proceedings under section 135A.15,
subdivision 2a, which must be accessible and applied equally to any person regardless of
race, color, creed, religion, national origin, sex, age, marital status, status with regard to
public assistance, sexual orientation, or disability.
new text end

Sec. 8. new text begin REVISOR INSTRUCTION.
new text end

new text begin (a) In Minnesota Statutes, section 135A.15, the revisor of statutes shall:
new text end

new text begin (1) change the term "victim," or similar terms, to "survivor," or similar terms; and
new text end

new text begin (2) change the term "sexual violence," or similar terms, to "sexual assault," or similar
terms.
new text end

new text begin (b) The revisor shall also make grammatical changes related to the changes in terms.
new text end

Sec. 9. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective August 1, 2024.
new text end