HB 3689

Abstract

Amends the Preventing Sexual Violence in Higher Education Act. Makes changes concerning definitions. Requires a higher education institution's comprehensive policy to include digital sexual harassment and doxing. Makes changes concerning the components of the comprehensive policy and the notification of a survivor's rights and options, including providing a summary of the higher education institution's process for protecting survivors from retaliation. Provides that a confidential advisor is separate from the advisor specific to a complaint resolution procedure, and makes other changes concerning advisors. Makes changes concerning complaint resolution procedures, including prohibiting a higher education institution from distributing any evidence that includes a private or intentionally digitally altered sexual image by physical or electronic means and requiring a higher education institution to enact and implement a policy and process for early resolution of any retaliatory report, claim, counterclaim, or complaint made to the higher education institution by a respondent or any other individual against a survivor. Makes changes concerning training. Provides that a survivor has a cause of action against any higher education institution that fails to exercise due diligence in responding to sexual violence, domestic violence, dating violence, stalking, doxing, digital sexual harassment, or any other sex-based harassment that the higher education institution knew or should have known about. Sets forth the relief a prevailing survivor is entitled to. Effective immediately.