Text: SSB01107 Text: SSB01109 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 709.19 SEXUAL OFFENSE REPORTING.
1 2 1. For purposes of this section, "sexual offense" means
1 3 any offense proscribed under this chapter.
1 4 2. Any person, firm, association, or corporation
1 5 maintaining, advertising, or conducting in Iowa any course of
1 6 instruction for postsecondary students for profit or for a
1 7 tuition charge shall:
1 8 a. Comply with the provisions of 20 U.S.C. } 1092, as
1 9 applicable.
1 10 b. Prescribe policies and procedures relating to sexual
1 11 offenses committed on the premises of the postsecondary
1 12 institution, including but not limited to the following:
1 13 (1) Prescribing and publicizing procedures that students
1 14 should follow if a sexual offense is committed on the premises
1 15 of the postsecondary institution, including but not limited to
1 16 whom the sexual offense should be reported, who should
1 17 otherwise be contacted, and procedures relating to the timely
1 18 preservation of evidence necessary for proof of the sexual
1 19 offense.
1 20 (2) Informing students of their option to notify the
1 21 appropriate law enforcement authorities of the alleged sexual
1 22 offense. If the sexual offense occurred on the campus of a
1 23 postsecondary institution governed by the state board of
1 24 regents that employs full-time certified peace officers, the
1 25 student shall be informed that the department of public safety
1 26 has jurisdiction over the investigation of the sexual offense.
1 27 If the sexual offense occurred on the campus of a
1 28 postsecondary institution not governed by the state board of
1 29 regents, the student shall be informed that the local law
1 30 enforcement agency has jurisdiction over the investigation.
1 31 (3) Notifying students of existing counseling, mental
1 32 health, or other services available, either on campus or in
1 33 the community, for victims of sexual offenses.
1 34 (4) Notifying students of options for changing academic
1 35 and living situations after an alleged commission of a sexual
2 1 offense, and providing available assistance regarding such
2 2 changes if requested by the victim.
2 3 (5) Prescribing disciplinary procedures for sexual
2 4 offenses, and notifying students of the possible sanctions
2 5 that could be imposed following the final determination of
2 6 disciplinary procedures resulting from sexual offenses.
2 7 (6) Conducting education programs to promote the awareness
2 8 of sexual offenses.
2 9 3. Providers of medical treatment or counselors employed
2 10 by the postsecondary institution shall not be included within
2 11 the reporting requirement.
2 12 Sec. 2. Section 915.20, subsection 1, paragraph a, Code
2 13 2001, is amended to read as follows:
2 14 a. "Proceedings related to the offense" means any of the
2 15 following:
2 16 (1) Any activities engaged in or proceedings commenced by
2 17 a law enforcement agency, judicial district department of
2 18 correctional services, or a court pertaining to the commission
2 19 of a public offense against the victim, in which the victim is
2 20 present, as well as examinations of the victim in an emergency
2 21 medical facility due to injuries from the public offense which
2 22 do not require surgical procedures. "Proceedings related to
2 23 the offense" includes, but is not limited to, law enforcement
2 24 investigations, pretrial court hearings, trial and sentencing
2 25 proceedings, and proceedings relating to the preparation of a
2 26 presentence investigation report in which the victim is
2 27 present.
2 28 (2) Any investigation, meeting, or other proceeding
2 29 related to a sexual offense in which the victim is present,
2 30 and that is subject to a disciplinary proceeding by a person,
2 31 firm, association, or corporation maintaining, advertising, or
2 32 conducting in Iowa any course of instruction for postsecondary
2 33 students for profit or for a tuition charge pursuant to
2 34 section 709.19.
2 35 EXPLANATION
3 1 This bill creates new Code section 709.19 relating to
3 2 sexual offense reporting at postsecondary institutions.
3 3 The bill provides that any postsecondary institution shall
3 4 prescribe and publicize policies relating to sexual offenses
3 5 committed on campus. The policies include to whom a sexual
3 6 offense shall be reported and procedures relating to
3 7 preservation of evidence related to the offense. The bill
3 8 requires that the institution must inform a student of the
3 9 appropriate law enforcement agency to contact, where to obtain
3 10 counseling, and that the student can change existing academic
3 11 and living situations. The bill also requires that the
3 12 institution prescribe disciplinary procedures for students
3 13 accused of a sexual offense, and conduct educational programs
3 14 to increase awareness of sexual offenses.
3 15 Medical staff and counselors employed at an institution are
3 16 excluded from the reporting requirements of the bill.
3 17 The bill also provides that a victim counselor shall have
3 18 access to any investigation or meeting involving a
3 19 disciplinary proceeding related to the sexual offense in which
3 20 the victim is present.
3 21 LSB 2145SC 79
3 22 jm/gg/8
Text: SSB01107 Text: SSB01109 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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