HB 7100 — AN ACT REQUIRING INSTITUTIONS OF HIGHER EDUCATION IN THE STATE TO DISCLOSE CERTAIN INFORMATION TO VICTIMS IN TITLE IX PROCEEDINGS.

House of Representatives General Assembly RaisedFile Bill No.

7100250 January Session, 2025 LCOHouse Bill No.

55027100 ReferredHouse toof Representatives, March 25, 2025 The Committee on HIGHERHigher EDUCATIONEducation ANDand EMPLOYMENTEmployment ADVANCEMENTAdvancement Introducedreported by:through REP.

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AN ACT REQUIRING INSTITUTIONS OF HIGHER EDUCATION IN THE STATE TO DISCLOSE CERTAIN INFORMATION TO VICTIMS IN TITLE IX PROCEEDINGS.

(1) Informing students and employees that, in the context of an alleged violation of the policy or policies regarding sexual assault and intimate partner violence, (A) affirmative consent is the standard used in determining whether consent to engage in sexual activity was given by all persons who engaged in the sexual activity, (B) affirmative consentHB7100 may/ beFile revoked at any time during the sexual activity by any LCO 5502 1 of 5 Raised Bill No.

7100250 person1 engagedHB7100 inFile theNo. sexual activity, (C) it is the responsibility of each person to ensure that he or she has the affirmative consent of all persons engaged in the sexual activity to engage in the sexual activity and that the affirmative consent is sustained throughout the sexual activity, (D) it shall not be a valid excuse to an alleged lack of affirmative consent that the student or employee responding to the alleged violation believed that the student or employee reporting or disclosing the alleged violation consented to the sexual activity (i) because the responding student or employee was intoxicated or reckless or failed to take reasonable steps to ascertain whether the student or employee reporting or disclosing the alleged violation affirmatively consented, or (ii) if the responding student or employee knew or should have known that the student or employee reporting or disclosing the alleged violation was unable to consent because such student or employee was unconscious, asleep, unable to communicate due to a mental or physical condition, or incapacitated due to the influence of drugs, alcohol or medication, and (E) the existence of a past or current dating or sexual relationship between the student or employee reporting or disclosing the alleged violation and the responding student or employee, in and of itself, shall not be determinative of a finding of affirmative consent;

250 consent may be revoked at any time during the sexual activity by any person engaged in the sexual activity, (C) it is the responsibility of each person to ensure that he or she has the affirmative consent of all persons engaged in the sexual activity to engage in the sexual activity and that the affirmative consent is sustained throughout the sexual activity, (D) it shall not be a valid excuse to an alleged lack of affirmative consent that the student or employee responding to the alleged violation believed that the student or employee reporting or disclosing the alleged violation consented to the sexual activity (i) because the responding student or employee was intoxicated or reckless or failed to take reasonable steps to ascertain whether the student or employee reporting or disclosing the alleged violation affirmatively consented, or (ii) if the responding student or employee knew or should have known that the student or employee reporting or disclosing the alleged violation was unable to consent because such student or employee was unconscious, asleep, unable to communicate due to a mental or physical condition, or incapacitated due to the influence of drugs, alcohol or medication, and (E) the existence of a past or current dating or sexual relationship between the student or employee reporting or disclosing the alleged violation and the responding student or employee, in and of itself, shall not be determinative of a finding of affirmative consent;

(3) Providing students and employees of the institution who report or disclose being the victim of sexual assault, stalking or intimate partner violence both concise, written contact information for and, if requested, professional assistance in accessing and utilizing campus, local advocacy, counseling, health and mental health services, and concise information, written in plain language, concerning the rights of suchHB7100 students/ andFile employees to (A) notify law enforcement of such LCO 5502 2 of 5 Raised Bill No.

7100250 assault,2 stalkingHB7100 orFile violenceNo. and receive assistance from campus authorities in making any such notification, and (B) obtain a protective order, apply for a temporary restraining order or seek enforcement of an existing protective or restraining order, including, but not limited to, orders issued pursuant to section 46b-15, 46b-38c, 53a-40e, 54-1k, 54-82q or 54-82r, against the perpetrator of such assault, stalking or violence;

250 such students and employees to (A) notify law enforcement of such assault, stalking or violence and receive assistance from campus authorities in making any such notification, and (B) obtain a protective order, apply for a temporary restraining order or seek enforcement of an existing protective or restraining order, including, but not limited to, orders issued pursuant to section 46b-15, 46b-38c, 53a-40e, 54-1k, 54-82q or 54-82r, against the perpetrator of such assault, stalking or violence;

(6) Disclosing a summary of such institution's student investigation and disciplinary procedures, including clear statements advising that (A) a student or employee who reports or discloses being a victim of sexual assault, stalking or intimate partner violence shall have the opportunity to request that an investigation begin promptly, (B) the investigation and any disciplinary proceedings shall be conducted by an official trained annually in issues relating to sexual assault, stalking and intimate partner violence and shall use the preponderance of the evidence standard in making a determination concerning the alleged assault, stalking or violence, (C) both the student or employee who reports or discloses the alleged assault, stalking or violence and the student responding to such report or disclosure (i) are entitled to be accompanied to any meeting or proceeding relating to the allegation of such assault, stalking or violence by an advisor or support person of their choice, provided the involvement of such advisor or support person does not result in the postponement or delay of such meeting as scheduled, and (ii) shall have the opportunity to present evidence and witnesses on their behalf during any disciplinary proceeding, (D) both the student or employee reporting or disclosing the alleged assault, stalkingHB7100 or/ violenceFile or a victim reporting or disclosing the alleged LCO 5502 3 of 5 Raised Bill No.

7100250 assault,3 stalkingHB7100 orFile violenceNo. pursuant to subdivision (9) of this subsection and such responding student are entitled to be informed in writing of the results of any disciplinary proceeding not later than one business day after the conclusion of such proceeding in a manner that complies with the requirements of the Family Educational Rights and Privacy Act, 20 USC 1232g, as amended from time to time, (E) the institution of higher education shall not disclose the identity of any party to an investigation or disciplinary proceeding, except as necessary to carry out the investigation or disciplinary proceeding or as permitted under state or federal law, (F) a standard of affirmative consent is used in determining whether consent to engage in sexual activity was given by all persons who engaged in the sexual activity, and (G) a student or employee who reports or discloses the alleged assault, stalking or violence shall not be subject to disciplinary action by the institution of higher education for violation of a policy of such institution concerning the use of drugs or alcohol if (i) the report or disclosure was made in good faith, and (ii) the violation of such policy did not place the health or safety of another person at risk;

250 stalking or violence or a victim reporting or disclosing the alleged assault, stalking or violence pursuant to subdivision (9) of this subsection and such responding student are entitled to be informed in writing of the results of any disciplinary proceeding not later than one business day after the conclusion of such proceeding in a manner that complies with the requirements of the Family Educational Rights and Privacy Act, 20 USC 1232g, as amended from time to time, (E) the institution of higher education shall not disclose the identity of any party to an investigation or disciplinary proceeding, except as necessary to carry out the investigation or disciplinary proceeding or as permitted under state or federal law, (F) a standard of affirmative consent is used in determining whether consent to engage in sexual activity was given by all persons who engaged in the sexual activity, and (G) a student or employee who reports or discloses the alleged assault, stalking or violence shall not be subject to disciplinary action by the institution of higher education for violation of a policy of such institution concerning the use of drugs or alcohol if (i) the report or disclosure was made in good faith, and (ii) the violation of such policy did not place the health or safety of another person at risk;

and (9) Establishing a process by which a victim who (A) is not a student or employee of such institution, and (B) alleges sexual assault, stalking or intimate partner violence by a student or employee of such institution, may report such sexual assault, stalking or intimate partner violence to such institution and detailing the procedures such victim mayHB7100 follow/ toFile initiate or participate in such institution's investigation LCO 5502 4 of 5 Raised Bill No.

7100250 and4 disciplinaryHB7100 proceeding.File No.

250 may follow to initiate or participate in such institution's investigation and disciplinary proceeding.

Section 1 July 1, 2025 10a-55m(b) HED Joint Favorable LCOHB7100 5502/ 5File ofNo. 5

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250 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 fiscal impact.It requirestheconstituent unitsofhigher education to develop policies concerning certain violent crimes alleged against students or employees and made by victims who do not live on campus.

It is anticipated that the constituent units can develop these policies with existing resources.

HB7100 / File No.

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250 OLR Bill Analysis HB 7100 AN ACT REQUIRING INSTITUTIONS OF HIGHER EDUCATION IN THE STATE TO DISCLOSE CERTAIN INFORMATION TO VICTIMS IN TITLE IX PROCEEDINGS.

SUMMARY This bill requires higher education institutions to add provisions to their policies on sexual assault, stalking, and intimate partner violence on how a victim who is not an institution student or employee can:

1.

report an allegation of sexual assault, stalking, or intimate partner violence by an institution student or employee and 2.

initiate or participate in the institution’s investigation and disciplinary proceedings.

Existing law requires these policies to address these topics for victims who are students or institution employees.

Current law entitles a student or employee reporting or disclosing an alleged sexual assault, stalking, or intimate partner violence, and the responding student, to the written results of any disciplinary hearing within one business day after it ends.

The bill also entitles a victim who is not a student or employee to the results.

It requires that these written disclosures comply with the federal Family Educational Rights and Privacy Act (FERPA).

EFFECTIVE DATE:

July 1, 2025 BACKGROUND FERPA With certain exceptions, FERPA requires federally funded institutions to keep personally identifying information in a student’s HB7100 / File No.

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