1| STATE OF OKLAHOMA | | | 2| 1st Session of the 59th Legislature (2023) | | | 3|HOUSE BILL 1429 By: Vancuren | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to higher education; enacting the | | Campus Accountability and Safety Act; specifying | 8| applicability; defining terms; mandating state | | institution of higher education coordination with | 9| local law enforcement; directing the Oklahoma State | | Regents for Higher Education to create a Uniform | 10| Policy on Sexual Assault; directing that the Uniform | | Policy on Sexual Assault require memorandum of | 11| understanding be updated every two years; providing | | what shall be included in the memorandum of | 12| understanding; exempting institutions from liability | | for refusal by local law enforcement to enter | 13| memorandum of understanding; directing the State | | Regents to establish uniform policies and best | 14| practices to address sexually oriented criminal | | offenses; creating the role of confidential advisors; | 15| stating training and duties of the confidential | | advisor; directing institutions to list various | 16| resources on their website; authorizing institutions | | to provide online reporting system; establishing an | 17| amnesty policy for students who report in good faith; | | directing that the State Regents, in coordination | 18| with the Attorney General and local law enforcement, | | shall develop training program; mandating an | 19| inter-campus transfer policy to be created by the | | State Regents; directing for the administration by | 20| institution of an anonymous sexual assault climate | | survey; providing for codification; and declaring an | 21| emergency. | | | 22| | | | 23| | | | 24| | | | Req. No. 5804 Page 1 ___________________________________________________________________________
1|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 2| SECTION 1. NEW LAW A new section of law to be codified | | | 3|in the Oklahoma Statutes as Section 3260 of Title 70, unless there | | | 4|is created a duplication in numbering, reads as follows: | | | 5| This act shall be known and may be cited as the "Campus | | | 6|Accountability and Safety Act". | | | 7| SECTION 2. NEW LAW A new section of law to be codified | | | 8|in the Oklahoma Statutes as Section 3260.1 of Title 70, unless there | | | 9|is created a duplication in numbering, reads as follows: | | | 10| This act shall apply to each postsecondary education institution | | | 11|that receives any Title IV funding from the United States Department | | | 12|of Education. | | | 13| SECTION 3. NEW LAW A new section of law to be codified | | | 14|in the Oklahoma Statutes as Section 3260.2 of Title 70, unless there | | | 15|is created a duplication in numbering, reads as follows: | | | 16| For the purposes of this act, the following terms shall have the | | | 17|following meanings unless the context clearly indicates otherwise: | | | 18| 1. "Institution" means a state educational institution as | | | 19|defined in Section 3102 of Title 70 of the Oklahoma Statutes; | | | 20| 2. "President" means the president of the system of the | | | 21|respective institution; | | | 22| 3. "Sexually oriented criminal offense" means any sexual | | | 23|assault as defined in Section 112 of Title 21 of the Oklahoma | | | 24|Statutes; and | | | Req. No. 5804 Page 2 ___________________________________________________________________________
1| 4. "Title IX coordinator" means the individual designated as a | | | 2|responsible employee in Section 106.8(a) of Title 34, Code of | | | 3|Federal Regulations, as such section is in effect on the date of | | | 4|enactment of this act. | | | 5| SECTION 4. NEW LAW A new section of law to be codified | | | 6|in the Oklahoma Statutes as Section 3260.3 of Title 70, unless there | | | 7|is created a duplication in numbering, reads as follows: | | | 8| A. Each institution and law enforcement and criminal justice | | | 9|agency located within the county of the campus of the institution | | | 10|shall enter into a memorandum of understanding to clearly delineate | | | 11|responsibilities and share information in accordance with applicable | | | 12|federal and state confidentiality laws, including but not limited to | | | 13|trends about sexually oriented criminal offenses occurring against | | | 14|students of the institution. | | | 15| B. The Oklahoma State Regents for Higher Education Uniform | | | 16|Policy on Sexual Assault shall require that the memorandum of | | | 17|understanding, as described in subsection A of this section, be | | | 18|updated every two (2) years. | | | 19| C. Each memorandum of understanding entered into pursuant to | | | 20|this act shall include: | | | 21| 1. Delineation and sharing protocols of investigative | | | 22|responsibilities; | | | 23| | | | 24| | | | Req. No. 5804 Page 3 ___________________________________________________________________________
1| 2. Protocols for investigations, including standards for | | | 2|notification and communication and measures to promote evidence | | | 3|preservation; | | | 4| 3. Agreed-upon training and requirements for the parties to the | | | 5|memorandum of understanding on issues related to sexually oriented | | | 6|criminal offenses for the purpose of sharing information and | | | 7|coordinating training to the extent possible; and | | | 8| 4. A method of sharing general information about sexually | | | 9|oriented criminal offenses occurring within the jurisdiction of the | | | 10|parties to the memorandum of understanding in order to improve | | | 11|campus safety. | | | 12| D. The local law enforcement agency shall include information | | | 13|on its police report regarding the status of the alleged victim as a | | | 14|student at an institution as defined in this act. | | | 15| E. The institution shall not be held liable if the local law | | | 16|enforcement agency refuses to enter into a memorandum of | | | 17|understanding as required by this section. | | | 18| SECTION 5. NEW LAW A new section of law to be codified | | | 19|in the Oklahoma Statutes as Section 3260.4 of Title 70, unless there | | | 20|is created a duplication in numbering, reads as follows: | | | 21| A. 1. The Oklahoma State Regents for Higher Education shall | | | 22|establish the Uniform Policy on Sexual Assault, which shall include | | | 23|uniform policies and best practices to implement measures to address | | | 24|the reporting of sexually oriented criminal offenses on institution | | | Req. No. 5804 Page 4 ___________________________________________________________________________
1|campuses, the prevention of such crimes, and the medical and mental | | | 2|health care needed for these alleged victims that includes | | | 3|confidential advisors. The institution shall designate individuals | | | 4|who shall serve as confidential advisors, such as health care staff, | | | 5|clergy, staff of a women's center, or other such categories. Such | | | 6|designation shall not preclude the institution from partnering with | | | 7|national, state, or local victim services organizations to serve as | | | 8|confidential advisors or to serve in other confidential roles. | | | 9| 2. The confidential advisor shall complete the training | | | 10|requirements as provided in this act. | | | 11| 3. Not later than January 1, 2024, the Attorney General, in | | | 12|collaboration with the State Regents, shall develop online training | | | 13|materials, in addition to the training required under this act, for | | | 14|the training of confidential advisors. | | | 15| 4. The confidential advisor shall inform the alleged victim of | | | 16|the following: | | | 17| a. the rights of the alleged victim under federal and | | | 18| state law and the policies of the institution, | | | 19| b. the alleged victim's reporting options, including the | | | 20| option to notify the institution, the option to notify | | | 21| local law enforcement, and any other reporting | | | 22| options, | | | 23| c. if reasonably known, the potential consequences of | | | 24| the reporting options provided in this act, | | | Req. No. 5804 Page 5 ___________________________________________________________________________
1| d. the process of investigation and disciplinary | | | 2| proceedings of the institution, | | | 3| e. the process of investigation and adjudication of the | | | 4| criminal justice system, | | | 5| f. the limited jurisdiction, scope, and available | | | 6| sanctions of the institutional student disciplinary | | | 7| proceeding, and that it should not be considered a | | | 8| substitute for the criminal justice process, | | | 9| g. potential reasonable accommodations that the | | | 10| institution may provide to an alleged victim, and | | | 11| h. the name and location of the nearest medical facility | | | 12| where an alleged victim may have a rape kit | | | 13| administered by an individual trained in sexual | | | 14| assault forensic medical examination and evidence | | | 15| collection, and information on transportation options | | | 16| and available reimbursement for a visit to such | | | 17| facility. | | | 18| 5. The confidential advisor may, as appropriate, serve as a | | | 19|liaison between an alleged victim and the institution or local law | | | 20|enforcement, when directed to do so in writing by an alleged victim | | | 21|who has been fully and accurately informed about what procedures | | | 22|shall occur if information is shared, and assist an alleged victim | | | 23|in contacting and reporting to a responsible employee or local law | | | 24|enforcement. | | | Req. No. 5804 Page 6 ___________________________________________________________________________
1| 6. The confidential advisor shall be authorized by the | | | 2|institution to liaise with appropriate staff at the institution to | | | 3|arrange reasonable accommodations through the institution to allow | | | 4|the alleged victim to change living arrangements or class schedules, | | | 5|obtain accessibility services, or arrange other accommodations. | | | 6| 7. The confidential advisor shall be authorized to accompany | | | 7|the alleged victim, when requested to do so by the alleged victim, | | | 8|to interviews and other proceedings of a campus investigation and | | | 9|institutional disciplinary proceedings. | | | 10| 8. The confidential advisor shall advise the alleged victim of, | | | 11|and provide written information regarding, both the alleged victim's | | | 12|rights and the institution's responsibilities regarding orders of | | | 13|protection, no-contact orders, restraining orders, or similar lawful | | | 14|orders issued by a court of competent jurisdiction or by the | | | 15|institution. | | | 16| 9. The confidential advisor shall not be obligated to report | | | 17|crimes to the institution or law enforcement in a way that | | | 18|identifies an alleged victim or an accused individual, unless | | | 19|otherwise required to do so by law. The confidential advisor shall, | | | 20|to the extent authorized under law, provide confidential services to | | | 21|students. Any requests for accommodations, as provided in paragraph | | | 22|6 of this subsection, made by a confidential advisor shall not | | | 23|trigger an investigation by the institution. | | | 24| | | | Req. No. 5804 Page 7 ___________________________________________________________________________
1| 10. No later than the beginning of the 2023-2024 academic year, | | | 2|the institution shall appoint an adequate number of confidential | | | 3|advisors. The State Regents shall determine the adequate number of | | | 4|confidential advisors for an institution, based upon its size, no | | | 5|later than January 1, 2024. | | | 6| 11. Each institution that enrolls fewer than five thousand | | | 7|(5,000) students may partner with another institution in its system | | | 8|or region to provide the services described in this subsection. | | | 9|However, this paragraph shall not absolve the institution of its | | | 10|obligations under this act. | | | 11| 12. Each institution may offer the same accommodations to the | | | 12|accused that are hereby required to be offered to the alleged | | | 13|victim. | | | 14| B. The institution shall list on its website: | | | 15| 1. The contact information for obtaining a confidential | | | 16|advisor; | | | 17| 2. Reporting options for alleged victims of a sexually oriented | | | 18|criminal offense; | | | 19| 3. The process of investigation and disciplinary proceedings of | | | 20|the institution; | | | 21| 4. The process of investigation and adjudication of the | | | 22|criminal justice system; | | | 23| 5. Potential reasonable accommodations that the institution may | | | 24|provide to an alleged victim; | | | Req. No. 5804 Page 8 ___________________________________________________________________________
1| 6. The telephone number and website address for a local, state, | | | 2|or national hotline providing information to sexual violence | | | 3|victims, which shall be updated on a timely basis; and | | | 4| 7. The name and location of the nearest medical facility where | | | 5|an individual may have a rape kit administered by an individual | | | 6|trained in sexual assault forensic medical examination and evidence | | | 7|collection, and information on transportation options and available | | | 8|reimbursement for a visit to such facility. | | | 9| C. The institution may provide an online reporting system to | | | 10|collect anonymous disclosures of crimes and track patterns of crime | | | 11|on campus. An individual may submit a confidential report about a | | | 12|specific crime to the institution using the online reporting system. | | | 13|If the institution uses an online reporting system, the online | | | 14|system shall also include information regarding how to report a | | | 15|crime to a responsible employee and law enforcement and how to | | | 16|contact a confidential advisor. | | | 17| D. The institution shall provide an amnesty policy for any | | | 18|student who reports, in good faith, sexual violence to the | | | 19|institution. Such student shall not be sanctioned by the | | | 20|institution for a nonviolent student conduct violation, such as | | | 21|underage drinking, that is revealed in the course of such a report. | | | 22| E. Not later than January 1, 2024, the Oklahoma State Regents | | | 23|for Higher Education, in coordination with the Attorney General and | | | 24|in consultation with state or local victim services organizations, | | | Req. No. 5804 Page 9 ___________________________________________________________________________
1|shall develop a program for training for each individual who is | | | 2|involved in implementing an institution's student grievance | | | 3|procedures, including each individual who is responsible for | | | 4|resolving complaints of reported sex offenses or sexual misconduct | | | 5|policy violations, and each employee of an institution who has | | | 6|responsibility for conducting an interview with an alleged victim of | | | 7|a sexually oriented criminal offense. Each institution shall ensure | | | 8|that the individuals and employees receive the training described in | | | 9|this subsection no later than the beginning of the 2024-2025 | | | 10|academic year. | | | 11| F. The Oklahoma State Regents for Higher Education Uniform | | | 12|Policy on Sexual Assault shall require that institutions communicate | | | 13|with each other regarding transfer of students against whom | | | 14|disciplinary action has been taken because of a code of conduct | | | 15|violation relating to sexually oriented criminal offenses. The | | | 16|State Regents' Uniform Policy on Sexual Assault shall require that | | | 17|institutions withhold transcripts of students seeking a transfer | | | 18|with pending disciplinary action relative to sexually oriented | | | 19|criminal offenses, until such investigation and adjudication is | | | 20|complete. | | | 21| SECTION 6. NEW LAW A new section of law to be codified | | | 22|in the Oklahoma Statutes as Section 3260.5 of Title 70, unless there | | | 23|is created a duplication in numbering, reads as follows: | | | 24| | | | Req. No. 5804 Page 10 ___________________________________________________________________________
1| A. When funding is made available, each state educational | | | 2|institution shall administer an annual, anonymous sexual assault | | | 3|climate survey to its students. | | | 4| B. Participation in the sexual assault climate survey shall be | | | 5|voluntary. No student shall be required or coerced to participate | | | 6|in the survey nor shall any student face retribution or negative | | | 7|consequence of any kind for declining to participate. | | | 8| C. The Oklahoma State Regents for Higher Education shall | | | 9|develop the survey and establish procedures for the administration | | | 10|of the survey and shall use the survey developed by the Center on | | | 11|Violence Against Women and Children at the Rutgers University School | | | 12|of Social Work as a model. | | | 13| D. Each state educational institution shall: | | | 14| 1. Administer the survey to students who choose to participate; | | | 15|and | | | 16| 2. Report school-specific results of the survey to the Board of | | | 17|Regents. | | | 18| E. The Oklahoma State Regents for Higher Education shall: | | | 19| 1. Submit a written report not later than September 1 of each | | | 20|year regarding the survey results of each state educational | | | 21|institution and the state as a whole to the Governor and the Senate | | | 22|and House of Representatives committees on education for the | | | 23|previous academic year; and | | | 24| | | | Req. No. 5804 Page 11 ___________________________________________________________________________
1| 2. Publish the survey results on the State Regents' website and | | | 2|in any other location or venue the State Regents deem necessary or | | | 3|appropriate. | | | 4| SECTION 7. It being immediately necessary for the preservation | | | 5|of the public peace, health or safety, an emergency is hereby | | | 6|declared to exist, by reason whereof this act shall take effect and | | | 7|be in full force from and after its passage and approval. | | | 8| | | | 9| 58-1-5804 MJ 12/08/22 | | | 10| | | | 11| | | | 12| | | | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 5804 Page 12