HF2008 (Legislative Session 94 (2025-2026))

Higher education campus sexual misconduct provisions modified.

Related bill: SF1035

AI Generated Summary

This bill modifies provisions related to campus sexual misconduct at higher education institutions in Minnesota. It amends Minnesota Statutes 2024, section 135A.15, subdivisions 1a and 2a, by updating definitions related to sexual misconduct and establishing guidelines for campus investigation and disciplinary procedures.

Key provisions of the bill include: 1. Expanded Definitions: The bill adds and clarifies definitions for terms such as "advisor," "incident," "intimate partner violence," "sexual extortion," "sex trafficking," "sexual misconduct," and "retaliation." 2. Sexual Misconduct Grievance Process: Postsecondary institutions must implement a formal sexual misconduct grievance process, ensuring impartial, timely, and thorough investigations. 3. Due Process Protections: The bill outlines procedural protections for both the reporting party (victim) and the responding party (accused), including: - Equal opportunity to present evidence and witnesses. - The right to have an advisor (including an attorney). - The ability to review and respond to evidence. - Safeguards against direct cross-examination between parties. 4. Hearing Procedures: If a disciplinary hearing occurs, institutions must: - Provide equal opportunities for both parties to question evidence and credibility. - Ensure decision-makers are separate from investigators. - Allow parties to provide testimony without direct confrontation. - Proceed with campus processes regardless of any concurrent criminal investigations. 5. Prohibition of Retaliation: The bill explicitly forbids retaliation against any party or witness participating in the investigation or hearings.

The bill aims to enhance protections for victims of sexual misconduct while ensuring fairness in campus disciplinary proceedings.

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
March 05, 2025HouseFloorActionIntroduction and first reading, referred toHigher Education Finance and Policy
March 05, 2025HouseFloorActionIntroduction and first reading, referred toHigher Education Finance and Policy

Citations

 
[
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "The bill clarifies the definition of domestic violence as outlined in section 518B.01, subdivision 2.",
      "modified": []
    },
    "citation": "518B.01",
    "subdivision": "subdivision 2"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "The bill references the definition of nonconsensual dissemination of sexual images according to section 617.261.",
      "modified": []
    },
    "citation": "617.261",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "The bill uses the definition of sexual extortion found in section 609.3458.",
      "modified": []
    },
    "citation": "609.3458",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "The definition of sex trafficking is taken from section 609.321, subdivision 7a.",
      "modified": []
    },
    "citation": "609.321",
    "subdivision": "subdivision 7a"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Section 363A.03, subdivision 43, is cited for the definition of sexual harassment.",
      "modified": []
    },
    "citation": "363A.03",
    "subdivision": "subdivision 43"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "The meaning of stalking as used in this bill is aligned with the definition in section 609.749.",
      "modified": []
    },
    "citation": "609.749",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "The regulations for sexual assault are aligned with the Code of Federal Regulations title 34 part 668, subpart D appendix A.",
      "modified": []
    },
    "citation": "668",
    "subdivision": ""
  }
]