SB 977 — AN ACT PROTECTING PARTICIPANTS IN TITLE IX PROCEEDINGS AT INSTITUTIONS OF HIGHER EDUCATION.

Senate General Assembly FileSubstitute Bill No.

373977 January Session, 2025 SubstituteAN SenateACT BillPROTECTING No.PARTICIPANTS IN TITLE IX PROCEEDINGS AT INSTITUTIONS OF HIGHER EDUCATION.

977 Senate, April 1, 2025 The Committee on Higher Education and Employment Advancement reported through SEN.

SLAP of the 5th Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.

AN ACT PROTECTING PARTICIPANTS IN TITLE IX PROCEEDINGS AT INSTITUTIONS OF HIGHER EDUCATION.

sSB977This /act Fileshall No.take effect as follows and shall amend the following sections:

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373 This act shall take effect as follows and shall amend the following sections:

sSB977JUD /Joint FileFavorable LCO 1 of 2 Substitute Bill No.

373977 LCO 2 sSB977of File2 No.

373 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

None Municipal Impact:

None Explanation The billhasno fiscalimpact.It establishescivil immunity for students and employees of institutions of higher education who report or participate in investigations of sexual assault, stalking, or intimate partner violence.

The bill does not change current law regarding any potentialliability ofthestate or theconstituentunitsofhigher education in such proceedings.

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373 OLR Bill Analysis sSB 977 AN ACT PROTECTING PARTICIPANTS IN TITLE IX PROCEEDINGS AT INSTITUTIONS OF HIGHER EDUCATION.

SUMMARY This bill gives civil immunity to a higher education institution student or employee who reports or discloses to the institution having been a victim of sexual assault, stalking, or intimate partner violence and participates in the institution’s investigation or disciplinary procedures.

The immunity applies to the student’s or employee’s report or disclosure and participation or testimony in the institution’s procedures but does not apply to perjury or if the student or employee acted in bad faith or maliciously.

EFFECTIVE DATE:

July 1, 2025 BACKGROUND Related Case In Khan v.

Yale University, 347 Conn.

1 (2023), the Connecticut Supreme Court concluded that statements made in the university’s disciplinary proceeding regarding an alleged sexual assault were not entitled to absolute immunity.

The court stated that absolute immunity appliesto statementsmadeinajudicialor quasi-judicialproceeding and ruled that the university’s proceeding did not qualify as quasi-judicial because it lacked adequate procedural safeguards to ensure the reliability of statements made in the proceeding.

The court also found that public policy supports a qualified privilege for statements made by individuals alleging sexual assault to proper authorities at higher education institutions.

A qualified privilege protects statements that are not made maliciously.

Based on the stage of the case before the court at that time, the court did not determine sSB977 / File No.

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373 whether it was appropriate to apply qualified immunity in the case.

COMMITTEE ACTION Higher Education and Employment Advancement Committee Joint Favorable Substitute Yea 18 Nay 0 (03/13/2025) sSB977 / File No.

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