HB 5452

Abstract

Amends the Preventing Sexual Violence in Higher Education Act. Provides that all higher education institutions shall include in the comprehensive policy concerning sexual violence, domestic violence, dating violence, and stalking, information about how the higher education institution protects individuals who report from retaliation. Provides that the higher education institutions procedure for responding to a report shall also include protecting the survivor from retaliation, including a policy and process for early dismissal of any retaliatory claim by a respondent against a survivor, including, but not limited to, claims of defamation, harassment, bullying, and any other violation of policy claims where the actions alleged by the respondent are related to the survivor's report. Makes related changes in provisions concerning student notification of rights and options, confidential advisors, complaint resolution procedures, and campus training. Amends the Citizen Participation Act. Provides that a court shall not permit any person to pursue a defamation action to silence or retaliate against, a person reporting gender-based violence, including cases where the alleged perpetrator is publicly named. Provides that the exception to motions under this Act are when the acts are not genuinely aimed at procuring favorable government action, result, or outcome or when the plaintiff presents clear and convincing evidence that the reporting of gender-based violence constituted speaking with actual malice. Makes related changes.