The bill sHB5340 File No. 234 proposes amendments to the security policies and procedures of higher education institutions, specifically addressing the reporting and handling of sexual assault, stalking, and intimate partner violence. It introduces the inclusion of "third parties" alongside students and employees, defining them as individuals involved in the institution's educational program or activity, or reporting victimhood under circumstances indicating an ongoing risk to the institution's environment. The bill mandates that institutions adopt and disclose policies regarding sexual misconduct, inform about the standard of affirmative consent, and ensure that victims are informed of the outcomes of investigations and disciplinary proceedings. It also requires institutions to provide prevention and awareness programming and clarifies their obligations under state or federal law to investigate such reports.

The bill expands the scope of sexual misconduct policies to include third-party victims, ensuring they receive the same support and resources as students and employees. It requires institutions to provide written information about rights and services, honor protective orders, and allow anonymous reporting. The bill also requires annual reporting on the policies and outcomes of disciplinary cases related to sexual misconduct. Set to take effect on July 1, 2024, the bill amends sections 10a-55c(a) and 10a-55m, with minimal fiscal impact expected for higher education institutions. The bill aligns with the 2020 Title IX final rule and has received a Joint Favorable Substitute from the Higher Education and Employment Advancement Committee.

Statutes affected:
Raised Bill:
HED Joint Favorable Substitute:
File No. 234: