Bill Text For HB1429 - Introduced

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