LB702 LB702
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LEGISLATURE OF NEBRASKA
ONE HUNDRED SIXTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 702
Introduced by Cavanaugh, 6.
Read first time January 23, 2019
Committee: Education
1 A BILL FOR AN ACT relating to education; to adopt the Campus Safety Act.
2 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Sections 1 to 19 of this act shall be known and may be
2 cited as the Campus Safety Act.
3 Sec. 2. (1) For purposes of the Campus Safety Act:
4 (a) Accused party means a student or employee of the postsecondary
5 institution alleged to have committed dating violence, domestic violence,
6 sexual assault, or stalking;
7 (b) Awareness program has the same meaning as in 34 C.F.R. 668.46,
8 as such regulation existed on January 1, 2019;
9 (c) Bystander intervention has the same meaning as in 34 C.F.R.
10 668.46, as such regulation existed on January 1, 2019;
11 (d) Commission means the Coordinating Commission for Postsecondary
12 Education;
13 (e) Postsecondary institution has the same meaning as in section
14 85-2403;
15 (f) Primary prevention program has the same meaning as in 34 C.F.R.
16 668.46, as such regulation existed on January 1, 2019;
17 (g) Reporting party means a student or employee of the postsecondary
18 institution reporting an alleged incident of dating violence, domestic
19 violence, sexual assault, or stalking;
20 (h) Responsible employee means an employee of a postsecondary
21 institution:
22 (i) Who has the authority to take action to redress sexual violence;
23 (ii) Who has been given the duty of reporting incidents of sexual
24 violence or other misconduct by students to the Title IX coordinator or
25 other appropriate school designee; or
26 (iii) Who a student could reasonably believe has the authority or
27 duty described in subdivision (1)(h)(i) or (1)(h)(ii) of this section;
28 (i) Sexual violence means sexual acts perpetrated against a person's
29 will or when a person is incapable of giving consent by reason of, but
30 not limited to, the following:
31 (i) Such person's age;
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1 (ii) Such person's use of drugs or alcohol; or
2 (iii) An intellectual or other disability that prevents such person
3 from having the capacity to give consent;
4 (j) Title IX means Title IX of the Education Amendments of 1972,
5 Public Law 92-318, 20 U.S.C. 1681 to 1688, and its accompanying
6 regulations and guidance documents, as such law, regulations, and
7 documents existed on January 1, 2019; and
8 (k) Trauma-informed response means a response to dating violence,
9 domestic violence, sexual assault, and stalking that involves an
10 understanding of the complexities of such matters through training
11 centered on the neurobiological impact of trauma, the influence of
12 societal myths and stereotypes surrounding the causes and impacts of
13 trauma, understanding the behavior of perpetrators, and conducting an
14 effective investigation on behalf of the reporting party who suffered the
15 trauma.
16 (2) For purposes of the Campus Safety Act, each postsecondary
17 institution shall adopt definitions of the following terms for use in the
18 institution's applicable policies. The definitions shall be consistent
19 with the purposes of the act, any rules or regulations of the commission,
20 and any applicable federal definitions. Such defined terms include:
21 (a) Dating violence;
22 (b) Domestic violence;
23 (c) On-campus, near-campus, and off-campus, with respect to the
24 locations of alleged acts of dating violence, domestic violence, sexual
25 assault, stalking, or sexual violence;
26 (d) Sexual assault; and
27 (e) Stalking.
28 Sec. 3. (1) Each postsecondary institution shall adopt a policy on
29 dating violence, domestic violence, sexual assault, and stalking that
30 shall be made easily available, upon request, to an applicant, student,
31 or employee of the institution. The policy shall include, but not be
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1 limited to:
2 (a) The procedures by which students and employees at the
3 institution may report or disclose incidents of dating violence, domestic
4 violence, sexual assault, or stalking regardless of where the offense
5 occurred;
6 (b) Information on where to receive immediate emergency assistance
7 following an incident of dating violence, domestic violence, sexual
8 assault, or stalking. This shall include, but not be limited to, contact
9 information for seeking medical treatment on-campus, if available, and
10 off-campus and information relating to preserving evidence based on the
11 type of offense;
12 (c) Descriptions of the types of counseling, health, safety,
13 academic, and other support services available from the institution,
14 within the local community or region, or through a local community-based
15 rape crisis center or domestic violence program, including contact
16 information;
17 (d) The rights of students and employees to:
18 (i) Notify law enforcement, including campus, local, and state law
19 enforcement agencies, of an alleged incident of dating violence, domestic
20 violence, sexual assault, or stalking;
21 (ii) Receive assistance from campus authorities in making any
22 notification;
23 (iii) Decline to notify campus or law enforcement authorities; and
24 (iv) Obtain a protective order or seek enforcement of an existing
25 protective order against a perpetrator of the assault, stalking, or
26 violence;
27 (e) The responsibilities of the institution upon receipt of
28 notification that a protective order has been issued under state law;
29 (f) A summary of the institution's procedures for resolving
30 complaints against students alleged to have engaged in dating violence,
31 domestic violence, sexual assault, or stalking, including clear
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1 statements advising students of the rights and procedures developed under
2 section 4 of this act;
3 (g) Information regarding the institution's obligations under state
4 and federal law to:
5 (i) Investigate or address, to the extent possible, any act of
6 alleged dating violence, domestic violence, sexual assault, or stalking,
7 including when the alleged act was reported anonymously;
8 (ii) Assess whether any act of alleged dating violence, domestic
9 violence, sexual assault, or stalking triggers the need for a timely
10 warning or emergency notification under 34 C.F.R. 668.46(e), the
11 obligations of which may, in limited circumstances, result in the release
12 of the reporting party's identity; and
13 (iii) Disclose the identity of a reporting party to another student,
14 an employee, or a third party;
15 (h) A summary of the institution's employee disciplinary process;
16 and
17 (i) The range of sanctions or penalties the institution may impose
18 on students and employees found responsible for a violation of the
19 applicable institutional policy prohibiting acts of dating violence,
20 domestic violence, sexual assault, or stalking.
21 (2) On or before October 1, 2019, and on or before each October 1
22 thereafter, each postsecondary institution shall transmit to all students
23 via email a copy of the policy described in subsection (1) of this
24 section.
25 Sec. 4. (1) Each postsecondary institution shall establish rules
26 and procedures for resolving allegations of dating violence, domestic
27 violence, sexual assault, or stalking by students and employees. Such
28 procedures and rules shall meet the requirements set forth in this
29 section.
30 (2) An investigation, including any hearing and resulting
31 disciplinary proceeding, shall be conducted by an official who receives
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1 not less than annual training on issues relating to dating violence,
2 domestic violence, sexual assault, or stalking and investigatory
3 procedures and hearing procedures to protect the safety and rights of
4 students and to promote accountability.
5 (3)(a) Except as provided in subdivision (3)(b) of this section, the
6 reporting party and the accused party may be accompanied by an advisor or
7 support person of their choice to meet with the institution's
8 investigator or other factfinder and may consult with an advisor or
9 support person during a meeting, including any disciplinary proceeding.
10 The institution shall adopt reasonable measures to provide for the
11 involvement of the advisor or support person for each party.
12 (b) The institution may establish rules regarding how the proceeding
13 will be conducted. This may include guidelines on the extent to which an
14 advisor or support person for each party may participate in the meeting
15 or disciplinary proceeding. Any limitations on participation shall apply
16 equally to both parties. The availability of an advisor or support person
17 shall not significantly delay a meeting or disciplinary proceeding.
18 (4) Complaints by a reporting party shall be resolved using a
19 preponderance of the evidence standard.
20 (5) The reporting party and the accused party shall be provided the
21 institution's policies regarding the submission and consideration of
22 categories of evidence that may be used during a disciplinary proceeding
23 and shall have equal opportunity to present evidence and witnesses on
24 their behalf during disciplinary proceedings. The reporting party and the
25 accused party shall be provided with timely and equal access to
26 information or relevant evidence that shall be used in the determination
27 of a discipline.
28 (6) The institution shall place restrictions on evidence that may be
29 considered by the factfinder, including, but not limited to, the use of
30 evidence of prior sexual activity of the parties or witnesses.
31 (7) The reporting party and the accused party shall not directly
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1 question each other during disciplinary proceedings. If the reporting
2 party requests, reasonable accommodations for separate proceedings shall
3 be made available.
4 (8) The reporting party and the accused party shall be notified in
5 writing of the results of a disciplinary proceeding not later than seven
6 business days after a final determination of a complaint, not including
7 any time for appeal, unless good cause for additional time is shown. The
8 notice shall include information on any process for appealing the
9 decision.
10 (9) The institution shall not disclose the identity of the reporting
11 party or the accused party, except as necessary to carry out a
12 disciplinary process or as otherwise permitted or required under state or
13 federal law.
14 Sec. 5. (1) Each postsecondary institution shall adopt detailed and
15 trauma-informed policies regarding dating violence, domestic violence,
16 sexual assault, and stalking involving students and employees of the
17 institution. Such policies shall comport with the best practices and
18 current professional standards. The institution shall establish
19 procedures for regularly reviewing and updating the policies and
20 procedures.
21 (2) Each postsecondary institution shall apply the same policies
22 relating to claims of dating violence, domestic violence, sexual assault,
23 and stalking to all students.
24 (3) Each postsecondary institution shall adopt policies and
25 procedures with local law enforcement agencies to establish the
26 respective roles and responsibilities of the institution and such
27 agencies related to the prevention of and response to campus and near-
28 campus sexual assaults. Such policies and procedures shall comply with
29 all applicable confidentiality and privacy laws. Such policies and
30 procedures shall:
31 (a) Set out the jurisdiction of the local law enforcement agencies
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1 based on criteria such as location and type of incident and provide for
2 cross or multi-jurisdictional response and investigation, as appropriate;
3 (b) Establish the methods for facilitating the issuance of timely
4 warnings and emergency notifications about crimes that may pose a serious
5 threat to the campus or near-campus communities required by the federal
6 Jeanne Clery Disclosure of Campus Security Policy and Campus Crime
7 Statistics Act or Clery Act, 20 U.S.C. 1092(f) and such act's
8 implementing regulations, as such act and regulations existed on January
9 1, 2019;
10 (c) Establish protocols, as permitted by federal and state law, for
11 cases where a student consents to the release of relevant documentation
12 and information created during law enforcement investigations;
13 (d) Include provisions for the sharing of data as required by the
14 federal Clery Act and identifying trends, patterns, and research-informed
15 strategies to prevent sexual assaults; and
16 (e) Include methods for notifying the office of the prosecutor
17 having jurisdiction where the alleged offense occurred.
18 (4) All policies adopted by a postsecondary institution under this
19 section shall comply with federal law, including the following acts and
20 laws and their implementing regulations and accompanying guidance
21 documents, as such acts, laws, regulations, and documents existed on
22 January 1, 2019:
23 (a) Title IX;
24 (b) The Clery Act;
25 (c) Title IV of the Civil Rights Act of 1964, 42 U.S.C. 2000d et
26 seq.; and
27 (d) The Family Educational Rights and Privacy Act of 1974, 20 U.S.C.
28 1232g.
29 (5) A postsecondary institution shall develop the policies required
30 by this section in coordination with the institution's Title IX
31 coordinator. The institution shall seek input from interested parties and
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1 organizations, including, but not limited to, institutional
2 administrators, personnel affiliated with on-campus and off-campus health
3 care centers, personnel affiliated with any on-campus or local,
4 community-based rape crisis center and domestic violence program,
5 confidential resource advisors, residence life, students, state and local
6 law enforcement, and prosecutors. The institution shall allow a
7 reasonable period of time for review and comment on the policies by such
8 interested parties and organizations. Following an institution's adoption<