HB 18-1391: Sexual Misconduct in Higher Education

• Each institution of higher education must adopt, periodically review, and update a sexual misconduct policy by August 1, 2019, with minimum requirements including definitions consistent with federal law (Title IX, Clery Act, Violence Against Women Act), confidential and non-confidential reporting options, and procedures for investigation and adjudication.

• Investigation and adjudication procedures must be fair and impartial, use preponderance of evidence standard, complete within 60-90 days, provide both parties equal opportunities to have an advisor present, give regular written status updates, and notify both parties concurrently of outcomes.

• Institutions must provide students access to confidential support resources for sexual misconduct issues, promote awareness and prevention through website postings and annual policy distribution, and offer annual training to incoming students and new staff covering awareness, prevention, consent, bystander intervention, and trauma effects.

• Institutions must report their sexual misconduct policies and training descriptions to the Department of Higher Education by January 1, 2019, and annually thereafter, with information posted on the department's website.

• The Department of Higher Education shall host biennial summits on sexual misconduct with a planning committee composed of representatives from various institution types, students, victim advocates, and affected individuals to facilitate communication and share information.