SF1035 (Legislative Session 94 (2025-2026))
Provisions modification related to campus sexual misconduct
Related bill: HF2008
AI Generated Summary
Senate File No. 1035 is a proposed bill in Minnesota that focuses on modifying existing laws concerning how sexual misconduct is handled on college campuses. Key updates include:
- Definitions: Adding clear definitions for terms like "advisor," "domestic violence," "intimate partner violence," "sexual extortion," and "stalking" to better guide campus procedures.
- Advisor Role: Advisors, including attorneys, can now support parties during the investigation and disciplinary processes, providing comfort, attending meetings, and helping in presenting cases.
- Sexual Misconduct Definitions: Expanding the definition of sexual misconduct to include a wider range of abusive behaviors like nonconsensual dissemination of sexual images and stalking.
- Investigation and Hearing Procedures: Institutions are required to provide a fair and thorough investigation process. Should sexual misconduct be confirmed, appropriate actions must be taken to stop the behavior, prevent its recurrence, and address its effects. Options include disciplinary action against the perpetrator or, with victim consent, restorative justice services.
- Due Process: Ensuring due process in hearings, including rights for both parties to present evidence, use advisors, and inspect evidence. Also, the presence of impartial decision-makers, separate from investigators, to ensure unbiased judgment.
- Cross-Examination and Information Protection: Procedures establish that personal cross-examination is not allowed; a neutral third-party or adjudicator must facilitate it. Prohibitions on using personal character or mental health information against the reporting party are enforced.
- Simultaneous Notifications: Both parties must receive outcomes of the grievance proceedings at the same time.
- Standards of Proof: The institution must use a 'preponderance of the evidence' standard when evaluating cases of sexual misconduct.
The bill aims to strengthen the framework for addressing campus sexual misconduct by providing clearer definitions, ensuring impartial and fair processes, and reinforcing protections for all parties involved.
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| February 05, 2025 | Senate | Floor | Action | Introduction and first reading | |
| February 05, 2025 | Senate | Floor | Action | Referred to | Higher Education |
| March 05, 2025 | Senate | Floor | Action | Comm report: To pass as amended and re-refer to | Judiciary and Public Safety |
| March 05, 2025 | Senate | Floor | Action | Author added |
Citations
[
{
"analysis": {
"added": [],
"removed": [],
"summary": "Defines domestic violence for the context of campus sexual misconduct proceedings.",
"modified": [
"Domestic violence has the meaning given in section 518B.01 subdivision 2."
]
},
"citation": "518B.01"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Provides the definition for nonconsensual dissemination of sexual images.",
"modified": [
"Nonconsensual dissemination of sexual images has the meaning given in section 617.261."
]
},
"citation": "617.261"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Defines sexual extortion in the context of campus sexual misconduct.",
"modified": [
"Sexual extortion has the meaning given in section 609.3458."
]
},
"citation": "609.3458"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Provides definition for sex trafficking as part of the misconduct covered under the bill.",
"modified": [
"Sex trafficking has the meaning given in section 609.321 subdivision 7a."
]
},
"citation": "609.321"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Defines sexual harassment as part of the misconduct addressed in the bill.",
"modified": [
"Sexual harassment has the meaning given in section 363A.03 subdivision 43."
]
},
"citation": "363A.03"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Defines stalking within the scope of campus sexual misconduct.",
"modified": [
"Stalking has the meaning given in section 609.749."
]
},
"citation": "609.749"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Uses federal regulations to define terms related to sexual assault.",
"modified": [
"Sexual assault includes definitions from Code of Federal Regulations title 34 part 668 subpart D appendix A as amended."
]
},
"citation": "Code of Federal Regulations title 34 part 668 subpart D appendix A"
}
]