(1) (a) The general assembly finds and declares that in November of 2018, the federal department of education issued new, proposed rules on Title IX dealing with sexual misconduct.
(b) The draft rules included changes in how educational institutions were to handle:
Allegations of off-campus sexual misconduct; and
Cross-examination of parties and witnesses during hearings.
In response to the proposed rules, the federal department of education received numerous comments and has not yet adopted the final rules.
Institutions of higher education will need to respond to the new federal rules quickly.
Therefore, the state should have in place an advisory committee to quickly makerecommendations to the general assembly and institutions of higher education on the proposed rules.
(2) As used in this section, unless the context otherwise requires:
"Advisory committee" means the sexual misconduct advisory committee created pursuant to subsection (3) of this section.
"Department" means the department of higher education created and existing pursuant to section 24-1-114.
"Institution of higher education" or "institution" means a state institution of highereducation, as defined in section 23-18-102 (7), or any accredited campus of a state institution of higher education; a participating private institution of higher education, as defined in section 2318-102 (8); a local district college, as defined in section 23-71-102 (1)(a); and an area technical college, as defined in section 23-60-103 (1).
There is created in the department the sexual misconduct advisory committee to make recommendations to the general assembly and to institutions of higher education concerning sexual misconduct policies and methods to reduce sexual misconduct at institutions of higher education.
(a) The advisory committee consists of the following eleven persons appointed by the executive director of the department:
Three representatives from institutions of higher education;
Two Title IX coordinators from institutions of higher education;
Three persons who are representatives of organizations that advocate on behalf ofor provide services to victims of sexual misconduct;
An attorney who has experience representing victims of sexual misconduct at institutions of higher education;
An attorney who has experience representing persons accused of sexual misconductat institutions of higher education; and
A person with experience providing trauma-informed care.
Members of the advisory committee serve four-year terms and may be reappointed.
Members of the advisory committee serve without compensation or reimbursementof expenses.
(5) After the final federal rules on Title IX sexual misconduct are adopted, the advisory committee shall study, examine best practices, and make recommendations to the general assembly and to institutions of higher education on issues related to sexual misconduct at institutions of higher education including:
How to handle incidents of sexual misconduct that occur outside of an institution'sprograms, activities, or property;
How to conduct cross-examination of parties and witnesses at hearings;
Whether a standard of reasonableness should be included in an institution's sexualmisconduct policy; and
Can and should institutions of higher education have higher standards than are required by federal law and regulation.
(6) (a) Within ninety days after the final federal rules on Title IX sexual misconduct are adopted, the advisory committee shall submit a report to the education committees of the senate and house of representatives, or any successor committees, on suggested changes to institutions' policies of sexual misconduct due to the new federal rules.
(b) On or before January 15, 2021, and each January 15 thereafter, the advisory committee shall submit a report to the education committees of the senate and house of representatives, or any successor committees, including recommendations for changes to statutes and policies of institutions of higher education.
(7) This section is repealed, effective September 1, 2023. Before the repeal, this section is scheduled for review in accordance with section 2-3-1203.
Source: L. 2019: Entire section added, (SB 19-007), ch. 401, p. 3555, § 1, effective May 31.