An Act Concerning Sexual Misconduct on College Campuses
Maine Legislature, Session 130, LD 1727
Committee: Education and Cultural Affairs
Sponsors: JACKSON, STOVER, DAUGHTRY, MAXMIN, BRENNAN, OSHER, RECKITT
Amends: 5 MRSA §12004-I, 20-A MRSA §12954

Legislative Document
No. 1727
S.P. 572
In Senate, May 19, 2021
An Act Concerning Sexual Misconduct on College Campuses
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by President JACKSON of Aroostook.
Cosponsored by Representative STOVER of Boothbay and
Senators: DAUGHTRY of Cumberland, MAXMIN of Lincoln, Representatives: BRENNAN 
of Portland, McCREIGHT of Harpswell, OSHER of Orono, RECKITT of South Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §12004-I, sub-§12-C is enacted to read:
12-C.   
Education:  Higher 
Education 
Higher Education 
Sexual Misconduct 
Advisory Commission 
Expenses Only 
20-A MRSA §12954 
Sec. 2.  20-A MRSA c. 441 is enacted to read:
CHAPTER 441
SEXUAL MISCONDUCT AT INSTITUTIONS OF HIGHER EDUCATION
§12951.  Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Affirmative consent.  "Affirmative consent" means consent to sexual activity that 
can be revoked at any time.  "Affirmative consent" does not include silence, lack of 
resistance or consent given while intoxicated.
2.  Employee.  "Employee" means an individual who is employed by an institution of 
higher education, including a full-time, part-time or contracted employee, or an individual 
who was employed by an institution of higher education, including a full-time, part-time 
or contracted employee, but has taken a leave of absence or terminated the employment as 
a result of having been a victim of sexual misconduct or for any other reason.
3.  Institution of higher education.  "Institution of higher education" or "institution" 
means any degree-granting educational institution regulated under chapter 409 that is 
located in this State, any university in the University of Maine System, any college in the 
Maine Community College System and the Maine Maritime Academy.
4.  Reporting party.  "Reporting party" means a student or employee who reports 
having experienced an alleged incident of sexual misconduct at an institution of higher 
education.
5.  Responding party.  "Responding party" means an individual who has been accused 
of an alleged incident of sexual misconduct at an institution of higher education.
6.  Sexual misconduct.  "Sexual misconduct" means the following conduct as defined 
by each institution in its code of conduct and consistent with applicable federal definitions: 
sexual violence, dating violence, domestic violence, gender-based violence, violence based 
on sexual orientation or gender identity or expression, sexual assault, sexual harassment or 
stalking.
7.  Sexual misconduct climate survey.  "Sexual misconduct climate survey" means 
the survey developed pursuant to section 12954, subsection 7.
8.  Student.  "Student" means an individual who is enrolled in a credit-bearing program 
at an institution of higher education or who was enrolled in a credit-bearing program at an 
institution of higher education but has taken a leave of absence or has withdrawn from the 
program as a result of having been a victim of sexual misconduct or for any other reason.
9.  Title IX coordinator.  "Title IX coordinator" means the employee at an institution 
of higher education who is responsible for institutional compliance with the so-called Title 
IX provisions of the federal Education Amendments of 1972, as amended.
10.  Trauma-informed response.  "Trauma-informed response" means a response by 
an individual who has received specific training in the complexities of the trauma caused 
by sexual misconduct including training on:
A.  The neurobiological impact of trauma;
B.  The influence of societal stereotypes or other misconceptions relating to the causes 
and impacts of trauma on an individual experiencing the trauma caused by sexual 
misconduct;
C.  Methodologies for avoiding perpetuation of the trauma caused by sexual 
misconduct; and 
D.  How to conduct an effective investigation of trauma.
§12952.  Adoption of policies
1.  Adoption of policy required.  Each institution of higher education shall adopt a 
policy on sexual misconduct, referred to in this section as "the policy," in accordance with 
this section and consistent with applicable state and federal law.
2.  Development of policy.  The policy must be developed in coordination with the 
institution's Title IX coordinator and a local rape crisis center or domestic violence support 
center.  An institution may consider input from various internal and external entities 
including, but not limited to, administrators, personnel affiliated with on-campus and off-
campus health care centers, confidential resource advisors, residence life staff, students, 
local law enforcement agencies and the district attorney having jurisdiction in the 
municipality where the institution of higher education's primary campus is located.  The 
policy must be culturally competent and reflect the diverse needs of all students.
3.  Content of policy.  The policy must include, but is not limited to: 
A.  Procedures by which students and employees at the institution may report or 
disclose alleged incidents of sexual misconduct regardless of where the alleged 
incident occurred;
B.  Information on where a reporting party may receive immediate emergency 
assistance following an alleged incident of sexual misconduct including, but not limited 
to:
(1)  The name and location of the nearest medical facility where a reporting party 
may request that a medical forensic exam be administered by a trained sexual 
violence forensic health care provider, including information on transportation 
options and information on reimbursement for travel costs, if any;
(2)  The contact information for a local rape crisis center and a local domestic 
violence support center and a description of the services provided by the centers;
(3)  The telephone number and website for a national 24-hour hotline and any state 
or local resources that provide information on sexual misconduct; and
(4)  Information on any programs that may financially assist a reporting party with 
the cost of emergency medical assistance;
C.  Descriptions of the types of and contact information for counseling, health, safety, 
academic and other support services available within the local community or region or 
through a rape crisis center or domestic violence support center, including but not 
limited to the name and contact information for organizations that support responding 
parties accused of sexual misconduct, the name and contact information for a 
confidential resource advisor under section 12956 and a description of the role of and 
services provided by the confidential resource advisor, and the name and contact 
information for the institution's Title IX coordinator;
D.  The rights and obligations of students and employees to:
(1)  Notify or decline to notify law enforcement, including campus, local and state 
police, of an alleged incident of sexual misconduct;
(2)  Receive assistance from campus authorities in making any notification under 
subparagraph (1); and
(3)  Obtain a court or institution-issued protection order against a responding party 
involved with the alleged incident of sexual misconduct;
E. The process for requesting supportive measures reasonably available from the 
institution including, but not limited to, options for changing academic, living, campus 
transportation or working arrangements or taking a leave of absence in response to an 
alleged incident of sexual misconduct, how to request those changes and the process to 
have any such measures reviewed;
F.  The contact information for the closest local, state and federal law enforcement 
agencies with jurisdiction over matters involving sexual misconduct, procedures for 
students to notify the institution that a protection order has been issued under state or 
federal law and the institution's responsibilities upon receipt of such notice;
G.  A summary of the institution's procedures for investigating, adjudicating and 
resolving sexual misconduct complaints against students, including an explanation of 
all procedures that must be followed to obtain investigatory reports and gather 
evidence, and potential sanctions or penalties that may be imposed.  The policy must 
provide that:
(1)  The procedure be uniformly applied for all disciplinary proceedings relating to 
any claims of sexual misconduct;
(2)  Timely and detailed notice be given to the reporting party and the responding 
party describing the date, time and location of the incident, if known, and a 
summary of the factual allegations concerning the incident;
(3)  An investigation, including any hearings and resulting disciplinary 
proceedings, be conducted by an individual who receives not less than annual 
training on issues relating to sexual misconduct, investigatory procedures and 
hearing procedures to protect the safety and rights of students and promote 
accountability, objectivity, impartiality and a trauma-informed response;
(4)  The reporting party and the responding party may consult with and be 
accompanied by an advisor or support person of that party's choice, which may 
include an advocate or counsel, during any meetings and disciplinary proceedings 
including during any meeting with the individual conducting the investigation 
pursuant to subparagraph (3) or fact finding for the institution.  The policy may 
include guidelines regarding the extent to which the advisor or support person for 
each party may participate in a meeting or disciplinary proceeding as long as any 
limitations on participation apply equally to both parties.  The policy must include 
reasonable measures to provide for the involvement of the advisor or support 
person for each party as long as providing for the involvement of the advisor or 
support person does not significantly delay a meeting or disciplinary proceeding;
(5)  The reporting party and the responding party be provided with a copy of the 
policy regarding the submission and consideration of evidence that may be used 
during a disciplinary proceeding and have equal opportunity to present evidence 
and witnesses on the party's behalf during a disciplinary proceeding.  Each party 
must be provided with timely and equal access to all relevant evidence used in the 
determination of a sanction or penalty;
(6)  Appropriate restrictions be placed on evidence considered by the fact finder 
including, but not limited to, the use of evidence of prior sexual activity or 
character witnesses;
(7)  The reporting party and the responding party be informed in writing of the 
results of a disciplinary proceeding not later than 7 business days after a final 
determination of a complaint, not including time for appeal, if any, unless good 
cause for additional time is shown.  The reporting party and responding party must 
be informed of the process, if any, for appealing the decision;
(8) If any appeal is allowed based on a claim of procedural errors, previously 
unavailable relevant evidence that could significantly impact the outcome of a 
disciplinary proceeding or the sanction's or penalty's being disproportionate to the 
offense, the reporting party and the responding party be provided with an equal 
opportunity to make the appeal;
(9)  The institution may not publicly disclose the identity of the reporting party or 
the responding party, except as necessary to carry out a disciplinary proceeding or 
as otherwise permitted under state or federal law; and
(10)  It is communicated that the institution's disciplinary proceedings may not 
serve as a substitute for the criminal justice process. 
The policy must include a clear statement advising students of the procedures under 
the policy;
H.  A summary of the institution's employee disciplinary process as it pertains to sexual 
misconduct; and
I.  The range of sanctions or penalties the institution may impose on students and 
employees found responsible for a violation of the applicable institutional policy 
prohibiting sexual misconduct.
4.  Adoption of and amendments to the policy.  When adopting or amending a policy, 
an institution shall provide an opportunity for comment and a reasonable length of time in 
which comments will be accepted.  The institution shall provide the draft policy or 
proposed substantive amendments by electronic or regular mail to internal and external 
entities, with instructions on how to comment and the reasonable length of time in which 
comments will be accepted.  Once an institution has adopted a policy, the opportunity for 
review and comment by internal and external entities applies only to substantive 
amendments in the policy.
5.  Public access.  The policy must be publicly accessible:
A.  On each campus of the institution in locations where students regularly congregate, 
including, but not limited to, dining and recreational facilities, libraries, bookstores, 
student unions and student centers and the common areas of dormitories and other 
student housing locations; and
B.  On each institution's publicly accessible website.  The policy must be posted on the 
website no later than the first week of classes in each academic year.
The policy must also be provided upon request to an applicant, student or employee of the 
institution.
6.  Confidentiality.  The identity of a reporting party and a responding party and all 
information relating to an incident of sexual misconduct is confidential and may not be 
disclosed, except as necessary to carry out a disciplinary process or as otherwise permitted 
under state or federal law.
§12953.  Notice to proceed
Each institution shall provide a reporting party and a responding party with written 
notice of the institution's decision to hold a disciplinary proceeding regarding an allegation 
of sexual misconduct sufficiently in advance of a disciplinary proceeding to provide the 
reporting and responding parties with the opportunity to meaningfully exercise their rights.  
The disciplinary proceeding must provide due process and be prompt, fair and impartial 
and include the opportunity for both parties to present witnesses and other evidence.  The 
written notice must include the information required to be posted on the institution's 
publicly accessible website pursuant to section 12952, subsection 5.
§12954.  Higher Education Sexual Misconduct Advisory Commission
1.  Establishment.  The Higher Education Sexual Misconduct Advisory Commission, 
established by Title 5, section 12004-I, subsection 12-C and referred to in this chapter as 
"the commission," is created for the purpose of developing and advising the commissioner 
on a base sexual misconduct climate survey for dissemination to institutions of higher 
education and providing recommendations on the content, timing and application of the 
survey.
2.  Membership.  The commission consists of the following 20 members:
A.  The commissioner or designee; 
B.  The Commissioner of Health and Human Services or designee;
C.  The following 7 members appointed by the commissioner:
(1)  Two members representing a statewide coalition against sexual assault;
(2)  A member representing an organization promoting racial equity and justice;
(3)  A member representing a coalition of Wabanaki women;
(4)  A member representing a statewide organization for disability rights;
(5)  A member representing a statewide organization for lesbian, gay, bisexual and 
transgender people of the State; and
(6)  A member representing a coalition of students and victims against sexual 
violence; and
D.  The following 11 members appointed by the Governor:
(1)  A student attending a public institution of higher education in this State; 
(2)  A student attending a private institution of higher education in this State; 
(3)  A student attending an institution in the Maine Community College System; 
(4)  A representative of the University of Maine System recommended by the 
Chancellor of the University of Maine System; 
(5) A representative of a private institution of higher education recommended by a 
Maine association of independent colleges; 
(6) A representative of the Maine Community College System recommended by 
the President of the Maine Community College System; 
(7) A Title IX coordinator at a public institution of higher education in this State; 
(8) A Title IX coordinator at a private institution of higher education in this State; 
(9) A researcher with experience in the development and design of sexual 
misconduct climate surveys; 
(10) A researcher of statistics, data analytics or econometrics with experience in 
higher education survey analysis; and
(11) A representative of a health center at an institution of higher education with 
experience dealing with campus sexual violence.
3.  Staffing.  The department shall provide appropriate staffing assistance to the 
commission. 
4.  Terms; vacancies; compensation.  Each appointed member serves a 2-year term 
and continues serving until either reappointed or the member's successor is appointed.  In 
the event of a vacancy on the commission, the member's unexpired term must be filled 
through an appointment by the appointing authority for the vacant seat for the balance of 
the unexpired term.  Members are compensated in accordance with Title 5, chapter 379.
5.  Quorum.  A quorum of the commission consists of 11 members.
6.  Duties.  Beginning March 31, 2022, and biennially thereafter, the commission shall 
provide to the commissioner the sexual misconduct climate survey developed in 
accordance with subsections 7 and 8 and any related recommendations, including but not 
limited to recommendations on achieving statistically valid response rates.
7.  Development of sexual misconduct climate survey.  The commission must 
develop the sexual misconduct climate survey by: 
A.  Using best practices from peer-reviewed research and in consultation with 
individuals with expertise in the development and use of sexual misconduct climate 
surveys by institutions of higher education;
B.  Reviewing sexual misconduct climate surveys that have been developed and 
previously used by institutions;
C.  To ensure the adequacy and appropriateness of the proposed content, providing 
opportunities for written comment from organizations that work directly with victims 
and survivors of sexual misconduct;
D.  Consulting with institutions on strategies for optimizing the effectiveness of the 
survey; and
E.  Accounting for the diverse needs and differences of the State's institutions of higher 
education.
8.  Information to be gathered.  The sexual misconduct climate survey must collect 
anonymous responses, may not require the disclosure of personally identifiable information 
and must be designed to gather the following information:
A.  The number of incidents, both reported and unreported, of sexual misconduct at 
each institution of higher education;
B.  The timing and location of incidents of sexual misconduct;
C.  Student awareness of the institution's policies and procedures related to sexual 
misconduct;
D.  Whether a student reported sexual misconduct and, if so, to which campus resource 
or law enforcement agency the report was made, and, if not, the reason for the student's 
decision not to report;
E.  Whether a student was informed of or referred to local, state, campus or other 
resources or victim support services, including appropriate medical care and legal 
services;
F.  Whether a student was provided the option of protection from retaliation, access to 
school-based accommodations and criminal justice remedies; 
G.  Contextual factors of each incident of sexual misconduct, such as the involvement 
of force, incapacitation or coercion;
H.  Demographic information that could be used to identify at-risk groups including 
but not limited to gender, race and sexual orientation;
I.  Perceptions of campus safety among members of the campus community and 
confidence in the institution's ability to protect against and respond in a timely and 
trauma-informed manner to incidents of sexual misconduct;
J.  Whether a reporting party was satisfied with the institution of higher education's 
response to the reporting party's report;
K.  Whether the student has chosen to withdraw or take a leave of absence from the 
institution or transferred to another institution due to being either the reporting party or 
the responding party in an allegation of sexual misconduct; 
L.  Whether the student has withdrawn from any classes or been placed on academic 
probation as a result of an incident of sexual misconduct; and
M.  Answers to any other questions developed by the commission.
§12955.  Sexual misconduct climate survey dissemination; data collection; reporting
1.  Dissemination; conduct.  The commissioner shall provide the sexual misconduct 
climate survey biennially to each institution, and each institution shall biennially conduct 
the sexual misconduct climate survey on each campus.  Each institution may append 
campus-specific questions to the survey, as long as any additional questions do not require 
the disclosure of any personally identifiable information and are not unnecessarily 
traumatizing for victims of sexual misconduct.  All students must be offered an opportunity 
to complete the sexual misconduct climate survey.
2.  Report to commissioner; website.  Within 120 days after completion of the sexual 
misconduct climate survey, each institution shall submit a summary of the results and the 
raw data, with any personally identifiable information removed or redacted, supporting the 
results to the commissioner and post the following on the institution of higher education's 
publicly accessible website:
A.  The summary of the results of the survey;
B.  The annual security report completed pursuant to 20 United States Code, Section 
1092(f); and
C.  A link to the department's statewide sexual misconduct climate survey data pursuant 
to subsection 3.
3.  Data collection.  The department shall establish a data repository for all summaries 
and raw data of sexual misconduct climate surveys submitted by institutions.  The 
department shall ensure that the sexual misconduct climate survey data submitted by all 
institutions is available to the public in an easily accessible manner on the department's 
publicly accessible website.
§12956.  Confidential resource advisors
1.  Confidential resource advisor designated.  Each institution shall designate at least 
one confidential resource advisor to provide emergency and ongoing support to survivors 
of sexual violence.  The confidential resource advisor must be designated based on 
experience in sexual violence or domestic violence advocacy and a demonstrated ability to 
effectively provide victim services related to sexual misconduct.  The confidential resource 
advisor may have another role at the institution of higher education, but may not be a 
student or a Title IX coordinator.
2.  Additional designation; partnership.  Each institution of higher education shall 
designate existing categories of employees that may also serve as confidential resource 
advisors.  This subsection may not be construed to limit an institution of higher education 
from designating a new or existing employee as a confidential resource advisor.  An 
institution of higher education may partner with a local, state or national victim advocacy 
organization to provide a confidential resource advisor under this section.  An institution 
of higher education that enrolls fewer than 1,000 residential students may partner with 
another institution of higher education or rape crisis center within the State to provide the 
services under this section.  Any partnership entered into under this subsection must ensure 
that the confidential resource advisor is available to a student within a reasonable distance 
from the student's institution of higher education.
3.  Training.  A confidential resource advisor must receive the following training:
A.  Prior to appointment as a confidential resource advisor, 40 hours of training on 
sexual violence;
B.  Training regarding unconscious biases related to race, gender and sexuality;
C.  Training regarding awareness and prevention of sexual misconduct, federal 
policies, the institution's policy under section 12952 and trauma-informed response; 
and
D.  Twenty hours of educational training annually on issues related to sexual violence.
4.  Coordination.  A confidential resource advisor shall coordinate with on-campus, if 
any, and off-campus rape crisis centers and domestic violence support centers within a 
reasonable time after being designated as a confidential resource advisor.
5.  Information and resources.  A confidential resource advisor is responsible for 
providing the following information and resources regarding incidents of sexual 
misconduct to students and employees:
A.  Reporting options and the probable effects of each option;
B.  Counseling services available on campus and through a local rape crisis center or 
domestic violence support center; 
C.  Medical and health services available on campus and off campus;
D.  When requested, campus escort services for security;
E.  Available academic and residential life accommodations;
F.  For students considering temporary or permanent withdrawal or reduced 
enrollment, student loan counseling including but not limited to information regarding 
loan deferment, forbearance or other applicable student loan programs;
G.  The institution's investigative and disciplinary process;
H.  The legal process of local, state and federal law enforcement agencies; 
I.  That the institution of higher education's disciplinary process is not to be considered 
a substitute for the criminal justice process; and
J.  Any limits on the ability of the confidential resource advisor to keep private or 
confidential the information of the student.
6.  Additional actions.  A confidential resource advisor, regarding an alleged incident 
of sexual misconduct:
A.  May, if appropriate and directed by a student, assist the student in contacting or 
reporting to campus or local law enforcement agencies;
B.  Shall notify a student of the student's rights and the institution's responsibility 
regarding a protection order, no-contact order or any other lawful order issued by the 
institution or by a criminal, civil or tribal court;
C.  May not be required to report the incident to the institution or a law enforcement 
agency unless otherwise required to do so by state or federal law;
D.  May attend an administrative adjudication proceeding or the institution's 
disciplinary proceeding as the advisor or support person of a student's or employee's 
choice; 
E.  May disclose confidential information only with the prior written consent of the 
student or employee who shared the information and only if required by state or federal 
law; 
F.  May not provide services to both the reporting party and the responding party to the 
incident of sexual misconduct; and
G.  May not act as a counselor or therapist unless the confidential resource advisor is a 
licensed counselor in this State and the student engages the confidential resource 
advisor in that capacity.
7.  Notice.  Notice to a confidential resource advisor of an alleged incident of sexual 
misconduct or a confidential resources advisor's performance of a service under this section 
may not be considered actual or constructive notice of such an alleged incident to the 
institution of higher education at which the confidential resource advisor is employed or 
provides contracted services.
8.  Retaliation.  An institution may not discipline, penalize or otherwise retaliate 
against a confidential resource advisor for representing the interest of the student by 
advocating for the student's need for sexual assault crisis services or campus law 
enforcement services.
9.  Privileged communications.  Notwithstanding any provision of law to the contrary, 
except with regard to reporting, cooperating in an investigation or giving evidence pursuant 
to Title 22, chapter 958-A or 1071, or except at the request or with the consent of a victim 
of sexual assault, a confidential resource advisor may not be required to testify in any civil 
or criminal action, suit or proceeding at law or in equity about any information that the 
confidential resource advisor may have acquired in providing sexual assault counseling 
services.  A confidential resource advisor or a rape crisis center may not be required to 
disclose to the court any records, notes, memoranda or documents containing confidential 
communications.  When a court in the exercise of sound discretion determines the 
disclosure necessary to the proper administration of justice, information communicated to, 
or otherwise learned by, that confidential resource advisor in connection with the provision 
of sexual assault counseling services is not privileged and disclosure may be required.  
Nothing in this subsection prohibits a confidential resource advisor from testifying in a 
civil or criminal proceeding involving a person to whom the confidential resource advisor 
has provided services if that person has provided specific written consent to that 
confidential resource advisor.
10.  Confidential criminal history record information.  Notwithstanding any 
provision of law to the contrary, a criminal justice agency, whether directly or through any 
intermediary, may disseminate confidential criminal history record information to a 
confidential resource advisor for the purpose of planning for the safety of a victim of sexual 
assault.  A confidential resource advisor who receives confidential criminal history record 
information pursuant to this subsection shall use it solely for the purpose authorized by this 
subsection and may not further disseminate the information.
§12957.  Awareness programming
An institution of higher education, with guidance from its Title IX coordinator, local 
law enforcement and the rape crisis center or the domestic violence support center 
identified in the institution's policy under section 12952, shall provide mandatory annual 
sexual misconduct prevention and awareness programming for all students and all 
employees of the institution that includes:
1.  Affirmative consent.  An explanation of affirmative consent as it applies to sexual 
activity and sexual relationships; 
2.  Affirmative consent; drugs and alcohol.  The role drugs and alcohol play in an 
individual's ability to provide affirmative consent;
3.  Options for reporting.  Information on options relating to the reporting of an 
incident of sexual misconduct, the probable effects of each option and the methods to report 
an incident of sexual misconduct, including confidential and anonymous disclosure;
4.  Institution's procedures; sanctions and penalties.  Information on the institution's 
procedures for resolving sexual misconduct complaints and the range of sanctions or 
penalties the institution may impose on students and employees found responsible for a 
violation;
5.  Contact information.  The name, contact information and role of the confidential 
resource advisor, as well as the name and contact information of all other confidential 
personnel at the institution;
6.  Bystander intervention and risk reduction.  Strategies for bystander intervention 
and risk reduction;
7.  Ongoing prevention and awareness.  Opportunities for ongoing sexual 
misconduct prevention and awareness programming, including through ongoing 
campaigns; and
8.  Sensitivity; marginalized groups.  An approach that recognizes and is sensitive to 
the fact that members of certain marginalized groups are more likely to experience sexual 
misconduct.
§12958.  Training for individuals involved in the disciplinary process
1.  General requirement.  Each institution of higher education shall ensure that its 
Title IX coordinator and members of its campus police force or campus safety personnel 
employed by the institution of higher education undergo annual training in awareness of 
sexual misconduct and trauma-informed responses.
2.  Requirements for involvement in disciplinary process.  Any individual who 
participates in the implementation of an institution's disciplinary process under this chapter, 
including but not limited to any individuals responsible for resolving complaints of 
reported incidents of sexual misconduct, must be trained or have experience in handling 
sexual misconduct complaints and the operations of the institution's disciplinary practice.  
The training must include, but is not limited to:
A.  Information about providing a trauma-informed response when working with and 
interviewing victims of an alleged incident of sexual misconduct;
B.  Information on particular types of conduct that constitute sexual misconduct, 
including same-sex dating violence, domestic violence, sexual assault and stalking;
C.  Information on affirmative consent and the role drugs and alcohol may play in an 
individual's ability to consent; 
D.  The effects of trauma, including any neurobiological impact on an individual; 
E.  Cultural competency training regarding how sexual misconduct may impact 
students differently depending on factors that contribute to a student's cultural 
background, including national origin, sex, ethnicity, religion, gender identity, gender 
expression and sexual orientation;
F.  Methods of communicating sensitively and compassionately with a reporting party 
including, but not limited to, an awareness of responding to a reporting party with 
consideration of that party's cultural background and providing services to or assisting 
in locating services for the reporting party and communicating an awareness of the 
emotional impact of being wrongly accused; and
G.  Training and information regarding how dating violence, domestic violence, sexual 
assault and stalking may impact students with developmental or intellectual 
disabilities.
§12959.  Reporting
1.  Report.  By October 1, 2021 and annually thereafter, an institution of higher 
education shall prepare and submit to the commissioner, the Commissioner of Health and 
Human Services and the joint standing committee of the Legislature having jurisdiction 
over higher education matters a report that includes the following:
A.  The total number of alleged incidents of sexual misconduct reported to the 
institution's Title IX coordinator by a student or employee of the institution against 
another student or employee of the institution;
B.  The number of law enforcement investigations initiated in response to complaints 
of sexual misconduct brought by students or employees of the institution against 
another student or employee of the institution, if known;
C.  The number of students found responsible for violating the institution's policy 
prohibiting sexual misconduct;
D.  The number of students found not responsible for violating the institution's policy 
prohibiting sexual misconduct;
E.  The number of sanctions or penalties imposed by the institution as a result of a 
finding of responsibility for violating the institution's policy prohibiting sexual 
misconduct.  The report must provide information in a manner that keeps confidential 
any personally identifiable information in compliance with state and federal privacy 
laws; and
F.  The number of students or employees who used a confidential resource advisor 
without instigating a Title IX investigation.  The report must provide information in a 
manner that keeps confidential any personally identifiable information in compliance 
with state and federal privacy laws.
§12960.  Immunity
A reporting party or a witness who requests an investigation of sexual misconduct may 
not be subject to a disciplinary proceeding or sanction or penalty for a violation of the 
institution's student conduct policy related to drug or alcohol use, trespassing or 
unauthorized entry of the institution's facilities or violation of the institution's policy under 
section 12952 unless the institution determines that the report was not made in good faith 
or that the violation was egregious.  An egregious violation must include, but not be limited 
to, taking an action that places the health and safety of another person at risk.
§12961.  Memoranda of understanding
1.  Requirement.  An institution of higher education shall enter into and maintain a 
memorandum of understanding with a Department of Health and Human Services-funded 
rape crisis center or domestic violence support center to:
A.  Assist in developing the institution's policy under section 12952, programming and 
trauma-informed response training regarding sexual misconduct involving students or 
employees;
B.  Provide an off-campus option for students and employees of the institution to 
receive free and confidential sexual assault crisis services, including access to a sexual 
assault nurse examiner, if available, or free and confidential domestic violence crisis 
services in response to sexual misconduct;
C.  Ensure that a student or employee of the institution may access free and confidential 
counseling and advocacy services either on campus or off campus;
D.  Ensure that a student or employee of the institution has access to free transportation 
provided by the institution when seeking off-campus confidential counseling and 
advocacy services; and
E.  Ensure cooperation and training between the institution and the rape crisis center or 
domestic violence support center regarding the roles that the institution, rape crisis 
center and domestic violence support center should play in responding to reports and 
disclosures of sexual misconduct against students and employees of the institution and 
the institution's protocols for providing support and services to such students and 
employees.
2.  Confidential victim services; fees.  A memorandum of understanding may include 
an agreement, including a fee structure, between the rape crisis center or domestic violence 
support center under subsection 1 and the institution of higher education to provide 
confidential victim services.  Confidential victim services may include case consultation 
and training fees for confidential resource advisors, consultation fees for the development 
and implementation of sexual misconduct education and prevention programs for students, 
the development of trauma-informed response staff training and prevention curricula and 
private on-site office space for an advocate from the rape crisis center or domestic violence 
support center to meet with students or employees.
3.  Waiver of requirements.  The department may waive the requirements of this 
section in the case of an institution that demonstrates that it acted in good faith to enter into 
and maintain a memorandum of understanding pursuant to this section but was unable to 
obtain a signed memorandum.  In the event that an institution is unable to enter into and 
maintain a memorandum of understanding pursuant to this section, the institution must 
provide contact information for local rape crisis centers or domestic violence support 
centers on its publicly accessible website.
§12962.  Enforcement; penalty; appeal
An institution may not overturn or readjudicate a Title IX decision without the approval 
of the commissioner.
Upon a determination by the commissioner that an institution of higher education has 
violated or failed to carry out any provision of this chapter or any rule adopted under this 
chapter and after reasonable notice and opportunity for a hearing, the commissioner may 
impose an administrative penalty for each violation not to exceed $150,000, adjusted 
annually for inflation by rule, or 1% of the institution's annual operating budget, whichever 
is lower.
There is established within the department the Sexual Misconduct Response Fund, 
referred to in this section as "the fund."  The fund is nonlapsing.  The commissioner shall 
deposit any administrative penalties collected under this section into the fund.  All funds in 
the fund must be used exclusively to implement this chapter.
§12963.  Rulemaking
The commissioner shall adopt rules to implement this chapter, including but not limited 
to deadlines for dissemination of sexual misconduct climate surveys and collection of 
survey information, solicitation methods designed to achieve the highest practicable 
response rate and collection and publication of statistical information gathered from 
institutions of higher education.  The commissioner shall also adopt rules to establish the 
inflation adjustment for the cap on the administrative penalty under section 12962.  Rules 
adopted pursuant to this chapter are routine technical rules as defined in Title 5, chapter 
375, subchapter 2-A.
SUMMARY
This bill does the following.
1. It requires institutions of higher education in the State to adopt sexual misconduct 
policies.
2. It creates the Higher Education Sexual Misconduct Advisory Commission to develop 
a biennial sexual misconduct climate survey to be provided to the Commissioner of 
Education and disseminated to institutions of higher education to conduct the surveys on 
each of their campuses.
3. It requires institutions of higher education to designate confidential resource advisors 
and provides confidential resource advisors with qualified privilege;
4. It requires training for confidential resource advisors and individuals involved in the 
institution's disciplinary process.
5. It requires institutions of higher education to report to the joint standing committee 
of the Legislature having jurisdiction over education matters, the Commissioner of 
Education and the Commissioner of Health and Human Services on incidents of sexual 
misconduct on their campuses.
6. It provides certain specific immunity to students who report or request investigations 
into incidents of sexual misconduct.
7. It requires institutions of higher education to enter into memoranda of understanding 
with Department of Health and Human Services-funded rape crisis centers or domestic 
violence support centers; this requirement may be waived upon a showing of a good faith 
effort to comply.
8. Provides the Commissioner of Education enforcement authority and provides that a 
civil penalty of not more than $150,000 or 1% of an institution's operating budget, 
whichever is lower, may be adjudged for a violation.