Vote Smart's Synopsis:

Vote to pass a bill that establishes required sexual misconduct policies for higher education institutions.

Highlights:

• Requires institutions of higher education to adopt a policy on sexual misconduct for enrolled students by August 1, 2019 (Sec. 1).

• Specifies that the policy must include (Sec. 1):

• Definitions of forms of sexual misconduct consistent with federal law;

• Confidential and non-confidential reportings options;

• A plan on how the institution will handle:

• Violations of policy; or

• Reports of sexual misconduct incidents.

• Procedures for investigation that must:

• Be fair, prompt, and make a good faith effort towards completion without jeopardizing the rights of the parties involved;

• Include preponderance of evidence as the evidentiary standard;

• Provide both parties with the same opportunities to have an advisor during any part of the proceeding;

• Provide regular written updates on the status of the investigation to both parties throughout the process until its conclusion; and

• Simultaneously notify both parties upon the completion of the investigation.

• Prohibitions on:

• Consideration of previous sexual conduct, unless it relates to a prior history between the parties involved; and

• Any action considered retaliatory under Title IX.

• Requires institutions to inform students on how to contact individuals in order to report sexual misconduct. Specifies that staff members or faculty may be designated to fill this role, but prohibits the institution’s Title IX coordinator (Sec. 1).

• Requires institutions to promote its sexual misconduct policy, as well as awareness and prevention (Sec. 1).

• Specifies that the policy and relevant contact information to be prominently displayed on the institution’s website (Sec. 1).

• Requires the policy to be annually distributed through electronic or other means of communication (Sec. 1).

• Requires institutions to offer training in relation to these tasks (Sec. 1).

• Requires training to be offered annually to all new students and employees and existing students, faculty, and staff when the policy is substantially updated (Sec. 1).

• Requires training to discuss (Sec. 1):

• The aforementioned tasks, such as awareness, prevention, policy, the institution’s response mechanisms, and relevant state and federal laws;

• Types of conduct that would violate the institution’s policy;

• Options for bystander intervention;

• Options for involving law enforcement;

• The importance of training and how to treat others with dignity and respect; and

• The effects of trauma on reporting parties, specifically in regards to communication and interviews.

Full Bill Text