LB534 LB534
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LEGISLATURE OF NEBRASKA
ONE HUNDRED SIXTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 534
FINAL READING
Introduced by Cavanaugh, 6; Howard, 9; Hansen, M., 26; Blood, 3.
Read first time January 22, 2019
Committee: Education
1 A BILL FOR AN ACT relating to postsecondary education; to require public
2 postsecondary institutions to submit reports regarding sexual
3 violence, dating violence, domestic violence, and stalking; to
4 require public hearings as prescribed; and to define terms.
5 Be it enacted by the people of the State of Nebraska,
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1 Section 1. (1) On or before September 15, 2020, and September 15 of
2 each even-numbered year thereafter, each public postsecondary institution
3 shall electronically submit a report regarding sexual violence, dating
4 violence, domestic violence, and stalking to the Clerk of the Legislature
5 and the Education Committee of the Legislature. The report shall include:
6 (a) Results of any campus climate survey related to sexual violence,
7 dating violence, domestic violence, and stalking;
8 (b) Information related to the training provided to Title IX
9 coordinators, investigators, and decisionmakers regarding sexual
10 violence, dating violence, domestic violence, and stalking;
11 (c) Any policies, initiatives, or grievance procedures the
12 postsecondary institution has adopted to address sexual violence, dating
13 violence, domestic violence, and stalking;
14 (d) Information on where students and employees may receive
15 immediate emergency assistance to address instances of sexual violence,
16 dating violence, domestic violence, and stalking;
17 (e) Information on how students and employees may report concerns of
18 sexual violence, dating violence, domestic violence, and stalking to the
19 postsecondary institution;
20 (f) Information on resources, programs, and support available to
21 students and employees to address concerns of sexual violence, dating
22 violence, domestic violence, and stalking;
23 (g) Information on any student or employee-led organizations engaged
24 in supporting victims of sexual violence, dating violence, domestic
25 violence, and stalking; and
26 (h) Any agreement between the postsecondary institution and a local
27 law enforcement agency or county attorney's office related to addressing
28 instances of sexual violence, dating violence, domestic violence, and
29 stalking.
30 (2) The report shall not include any personally identifiable
31 information, information that is subject to a privilege arising under
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1 state or federal law, or records that may be withheld from disclosure
2 under section 84-712.05.
3 (3) On or before December 15, 2020, and on or before December 15 of
4 each even-numbered year thereafter, the Education Committee of the
5 Legislature shall hold a public hearing to review all reports submitted
6 under this section.
7 (4) For purposes of this section:
8 (a) Postsecondary institution has the same meaning as in section
9 85-2403;
10 (b) Sexual violence means sexual acts perpetrated against a person's
11 will or when a person is incapable of giving consent by reason of, but
12 not limited to, the following:
13 (i) Such person's age;
14 (ii) Such person's use of drugs or alcohol; or
15 (iii) An intellectual or other disability that prevents such person
16 from having the capacity to give consent;
17 (c) Title IX means Title IX of the Education Amendments of 1972,
18 Public Law 92-318, 20 U.S.C. 1681 to 1688, and its accompanying
19 regulations and guidance documents, as such law, regulations, and
20 documents existed on January 1, 2020; and
21 (d) The terms dating violence, domestic violence, and stalking have
22 the same meaning as defined in a postsecondary institution's policies.
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