SF1035 (Legislative Session 94 (2025-2026))
Provisions modification related to campus sexual misconduct
Related bill: HF2008
AI Generated Summary
Senate File No. 1035 is a proposed bill in Minnesota that focuses on modifying existing laws concerning how sexual misconduct is handled on college campuses. Key updates include:
- Definitions: Adding clear definitions for terms like "advisor," "domestic violence," "intimate partner violence," "sexual extortion," and "stalking" to better guide campus procedures.
- Advisor Role: Advisors, including attorneys, can now support parties during the investigation and disciplinary processes, providing comfort, attending meetings, and helping in presenting cases.
- Sexual Misconduct Definitions: Expanding the definition of sexual misconduct to include a wider range of abusive behaviors like nonconsensual dissemination of sexual images and stalking.
- Investigation and Hearing Procedures: Institutions are required to provide a fair and thorough investigation process. Should sexual misconduct be confirmed, appropriate actions must be taken to stop the behavior, prevent its recurrence, and address its effects. Options include disciplinary action against the perpetrator or, with victim consent, restorative justice services.
- Due Process: Ensuring due process in hearings, including rights for both parties to present evidence, use advisors, and inspect evidence. Also, the presence of impartial decision-makers, separate from investigators, to ensure unbiased judgment.
- Cross-Examination and Information Protection: Procedures establish that personal cross-examination is not allowed; a neutral third-party or adjudicator must facilitate it. Prohibitions on using personal character or mental health information against the reporting party are enforced.
- Simultaneous Notifications: Both parties must receive outcomes of the grievance proceedings at the same time.
- Standards of Proof: The institution must use a 'preponderance of the evidence' standard when evaluating cases of sexual misconduct.
The bill aims to strengthen the framework for addressing campus sexual misconduct by providing clearer definitions, ensuring impartial and fair processes, and reinforcing protections for all parties involved.
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| February 05, 2025 | House | Floor | Action | Introduction and first reading | |
| February 05, 2025 | Senate | Floor | Action | Introduction and first reading | |
| February 05, 2025 | Senate | Floor | Action | Referred to | Higher Education |
| February 05, 2025 | House | Floor | Action | Referred to | Higher Education |
| March 05, 2025 | House | Floor | Action | Comm report: To pass as amended and re-refer to | Judiciary and Public Safety |
| March 05, 2025 | Senate | Floor | Action | Comm report: To pass as amended and re-refer to | Judiciary and Public Safety |
| March 05, 2025 | Senate | Floor | Action | Author added | |
| March 05, 2025 | House | Floor | Action | Author added | |
| April 06, 2025 | Senate | Floor | Action | Comm report: To pass as amended and re-refer to | Higher Education |
Citations
[
{
"analysis": {
"added": [
"Expanded definitions related to sexual misconduct and related terms."
],
"removed": [
""
],
"summary": "This bill modifies definitions related to campus sexual misconduct under section 135A.15.",
"modified": [
"Clarifies definitions of advisor and incident, among other terms."
]
},
"citation": "135A.15",
"subdivision": "subdivision 1a"
},
{
"analysis": {
"added": [
"New requirements for grievance process and due process protections."
],
"removed": [
""
],
"summary": "This legislation modifies campus investigation and disciplinary hearing procedures under section 135A.15.",
"modified": [
"Details the process for handling reports and investigations of sexual misconduct."
]
},
"citation": "135A.15",
"subdivision": "subdivision 2a"
},
{
"analysis": {
"added": [
""
],
"removed": [
""
],
"summary": "Reference to definition of domestic violence as provided in section 518B.01.",
"modified": [
"Clarifies that domestic violence is as defined in the existing statute."
]
},
"citation": "518B.01",
"subdivision": "subdivision 2"
},
{
"analysis": {
"added": [
""
],
"removed": [
""
],
"summary": "Reference to nonconsensual dissemination of sexual images as defined in section 617.261.",
"modified": [
"Incorporates existing legal definition into the context of campus misconduct."
]
},
"citation": "617.261",
"subdivision": ""
},
{
"analysis": {
"added": [
""
],
"removed": [
""
],
"summary": "Reference to sexual extortion as defined in section 609.3458.",
"modified": [
"Uses existing legal definition for clarity in misconduct cases."
]
},
"citation": "609.3458",
"subdivision": ""
},
{
"analysis": {
"added": [
""
],
"removed": [
""
],
"summary": "Reference to sex trafficking as defined in section 609.321.",
"modified": [
"Relies on existing definition to enhance legal understanding of misconduct."
]
},
"citation": "609.321",
"subdivision": "subdivision 7a"
},
{
"analysis": {
"added": [
""
],
"removed": [
""
],
"summary": "Sexual harassment definition reference as provided in section 363A.03.",
"modified": [
"Incorporates existing legal harassment definition into educational statutes."
]
},
"citation": "363A.03",
"subdivision": "subdivision 43"
},
{
"analysis": {
"added": [
""
],
"removed": [
""
],
"summary": "Reference to stalking as defined in section 609.749.",
"modified": [
"Integrates existing definition to align with misconduct processes."
]
},
"citation": "609.749",
"subdivision": ""
}
]