B 26-0029 — Institution of Higher Education Sexual Misconduct Reporting and Resource Accessibility Act of 2025

ENGROSSEDENROLLED ORIGINAL AANACT BILL___________ 3 26-29 6 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 9 ___________ To require institutions of higher education in the District to retain at least two2 confidential resource advisors, to require amnesty protections for student code of conduct violations under certain circumstances, to require institutions make reasonable efforts to require every undergraduate student to complete sexual misconduct trainings that conform with minimum criteria, to require institution personnel involved in an institution’s sexual misconduct investigative and disciplinary processes to receive annual training in handling sexual misconduct complaints and in the operations of the institution'sinstitution’s disciplinary process, to require confidential resource advisors, Title IX coordinators, and institution public safety personnel to be educated in trauma-informed responses, to establish minimum criteria for institutions’ sexual misconduct policies, to require institutions to prepare and submit to the Higher Education Licensure Commission and publish on their websites a report with data about confidential resource advisor and Title IX office outcomes at the institution, and to establish penalties for institutions that do not comply with this act;

(1) “Assisted party” means a student atat, or an employee ofof, an institution who seeks the services of a confidential resource advisor.

ENGROSSED ORIGINAL (2) “Confidential communication” means oral or written information exchanged between a confidential resource advisor and an assisted party while the confidential resource advisor is performing the duties required or authorized under this act.

(3) “Confidential resource advisor” means an individual whom an institution has designated to provide emergency and ongoing support to an assisted party pursuant to section 3 ENROLLED ORIGINAL and who is not empowered to institute corrective measures on behalf of the institution in response to a report of sexual misconduct.

(5) “Institution” means an entity or person incorporated, chartered, or established in the District, including by Council or congressional act, that offers postsecondary or graduate degreesdegrees, and that operates, keeps, or maintains a facility in the District.

(7) “Sexual misconduct” shall have the same meaning as sex-based harassment, as thethat term is defined in 34 C.F.R.

§ 106.2;

(A) Domestic violence counselor, as thethat term is defined in D.C.

(B) Human trafficking counselor, as thethat term is defined in D.C.

or ENGROSSED ORIGINAL (C) Sexual assault counselor, as thethat term is defined in D.C.

§ 106.2.

(12) “Trauma-informed response"response” means a response to a report of sexual misconduct involving an understanding of the complexities of sexual misconduct through training centered on the neurobiological impact of trauma, the influence of myths and stereotypes surrounding the causes and impacts of trauma, perpetration methodology pertaining to sexual misconduct, and methods to conduct investigations of sexual misconduct.

ENGROSSED ORIGINAL (b) Confidential resource advisors shall provide all institution students and employees with resources related to sexual misconduct in written or electronic format, which may include website links, pamphlets, handouts, and information packets.

An institution may authorize its ENROLLED ORIGINAL Title IX Coordinator to approve the resources to be provided by confidential resource providers before dissemination to ensure accuracy and institutional consistency.

(4) Information pertaining to the assisted party’s rights and the institution'sinstitution’s responsibilities regarding protection orders, no contact orders, and any other lawful orders issued by the institution or by a court of law;

ENGROSSED ORIGINAL (6) Medical and health services available through the institution and at facilities that are unaffiliated with the institution, including free medical forensic exams available through local sexual assault nurse examiner programs;

ENGROSSED ORIGINAL (d) Confidential resource advisors shall inform assisted parties of limitations in providing privacy or confidentiality, including informing the assisted party that information shared with the ENROLLED ORIGINAL confidential resource advisor could be disclosed in limited circumstances, including in response to a court order or subpoena.

Official Code § 4-1321.02), when an ENGROSSED ORIGINAL individual is acting in the individual’s capacity as a confidential resource advisor, an assisted party’s communications with the confidential resource advisor relating to an incident of sexual misconduct shall be confidential, may not be disclosed to the institution or law enforcement authorities, and shall be privileged against disclosure in any legal or administrative proceeding unless:

(A) Disclosure of information is necessary for the institution to comply with section 485(f) of the Higher Education Act of 1965, approved October 17, 1986 (104 Stat.

2385;1454;

20 USCU.S.C § 1092(f));

Official Code § 23- 1331(4), or a dangerous crime, as the term is defined in §D.C. 23-1331(3);

Official Code § 23-1331(3);

andor (E) Disclosure is otherwise required by a District or federal statute or by a court of law.

ENGROSSED ORIGINAL (2) To the extent the disclosure of information covered in paragraph (1) of this subsection would not be permitted under the Family Educational Rights and Privacy Act of ENROLLED ORIGINAL 1974, approved August 21, 1974 (88 Stat.

§ 1232g et seq.)seq.), and its implementing regulations (34 C.F.R Part 99), the exceptions to confidentiality in paragraph (1) of this subsection shall not apply.

(k)(1) An institution may contract with a victim advocacy organization to provide confidential resource advisoradvisors as required under this section.

ENGROSSED ORIGINAL (3) An institution shall ensure that any contract entered into under this subsection shall result in a confidential resource advisor being available within a reasonable distance from the institution or by electronic means.

ENGROSSEDENROLLED ORIGINAL (i) Sexual misconduct awareness and prevention;

and (2) Shall not:

ENGROSSED ORIGINAL (F) Be a member of the institution’s public safety personnel;

(a) A student or a witness to an incident of sexual misconduct who reports an incident of sexual misconduct to an institution or to local or federal law enforcement shall not be subject to a ENROLLED ORIGINAL disciplinary proceeding or sanction for a violation of the institution's policies governing students or the student code of conduct for voluntary use or possession of illegal drugs or alcohol or for ENGROSSED ORIGINAL consensual sexual activity that occurred immediately preceding, during, or immediately following the incident of sexual misconduct unless the institution determines that the report was not made in good faith or that the violation put at immediate risk the health and safety of other individuals.

(a) An institution that provides undergraduate education shall make reasonable efforts to require every undergraduate student to complete two2 sexual misconduct primary prevention and awareness trainings that are trauma-informed and gender-inclusive, one of which shall occur before the beginning of the 2nd year of a student’s undergraduate education, and the 2nd before the beginning of the 4th year of a student’s undergraduate education;

ENGROSSED ORIGINAL (1) An explanation of consent in reference to sexual activity and sexual relationships;

ENROLLED ORIGINAL (6) Safe and positive strategies for bystander intervention that may be carried out by an individual to prevent harm or reduce risk of sexual misconduct;

ENGROSSED ORIGINAL (7) The institution’s responsibilities regarding orders of protection, no contact orders, restraining orders, or similar orders issued by a criminal or civil court;

ENGROSSED ORIGINAL (3) Information about consent and the role drugs and alcohol may play in an individual's ability to consent;

ENROLLED ORIGINAL (A) The name, location, and contact information of medical facilities where an individual may request that a medical forensic exam be administered by a trained sexual assault forensic health care provider;

ENGROSSED ORIGINAL (C) The telephone number and website for a national and local 24-hour sexual misconduct response hotline;

(a) Beginning on June 30, 20292029, and every 3rd calendar year thereafter, institutions shall prepare and submit to the Higher Education Licensure Commission and publish on the institution’s website a report with data about confidential resource advisor and Title IX office outcomes for the previous 3 calendar years.