SB19-007: Prevention of Sexual Misconduct on Higher Education Campuses

• Each Colorado institution of higher education must adopt a comprehensive sexual misconduct policy by August 1, 2020, with required elements including confidential and non-confidential reporting options, fair investigation procedures completed within 60-90 days, and use of preponderance of evidence standard for student respondents.

• Institutions must designate confidential support resources, provide sexual misconduct awareness and prevention training annually to all incoming students and newly employed faculty and staff, and prominently display their sexual misconduct policy and a 24-hour hotline on their websites.

• Investigation procedures must provide complainants and responding parties equal opportunities for advisors, regular status updates, concurrent notification of outcomes, and prohibit consideration of prior sexual conduct except for relevant prior relationships; complainants, reporting parties, and witnesses are protected from disciplinary action for policy violations related to the incident.

• The Department of Higher Education must post all institutional sexual misconduct policies on its website starting October 1, 2020, host biennial summits on sexual misconduct prevention, and include information about these reports in the annual State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act hearing.

• A Sexual Misconduct Advisory Committee is created to make recommendations on federal Title IX rule changes and institutional policies; the committee consists of 11 members representing institutions, Title IX coordinators, victim advocacy organizations, and trauma-informed care specialists, and is scheduled for repeal on September 1, 2023.