Postsecondary Campus Safety - Education Commission of the States

STATE	Does the state have a campus sexual assault policy?	Does the policy define affirmative consent?	Is local law enforcement involved in the creation or enforcement of the campus sexual assault policy?	Does the policy address transcription notations?	Does the policy address the role of legal counsel? arrow_downward	Does the policy address support services for victims?	Does the policy require institutions to provide regular training for students and staff?	Citation (Campus Safety)
South Carolina	Yes. Public and private* universities or colleges must establish a campus sexual assault policy. The Commission on Higher Education is directed to develop and distribute a model sexual assault policy. * "private colleges and universities" applies to those that chose to be governed by this section.	No.	No.	No.	Yes. The policy must include a statement clarifying that the accused and accuser have the same opportunities for support or legal counsel, if the institution's policy allows for outside legal counsel.	Yes. A policy must address the importance of preserving evidence of assault, and notification of existing medical, advocacy, counseling and mental health services. The policy must also address a student's options for changes to academic and residential situations after an alleged assault.	Yes. Each policy must address the institution's sexual assault awareness and prevention programs.	S.C. Code Ann. § 59-105-20 et. seq.
New Jersey	Yes. The Commission on Higher Education must appoint an advisory committee to develop a Campus Sexual Assault Victim's Bill of Rights.	No.	No.	No.	Yes. The Campus Sexual Assault Victim's Bill of Rights must affirm a reporting student's same right to legal assistance and to have others present, as the accused.	Yes. The Campus Sexual Assault Victim's Bill of Rights must affirm the right to access to counseling and medical assistance, and to require campus personnel to take reasonable action to prevent further unwanted contact between the reporting student and the accused.	Yes. Every public and independent institution is required to make reasonable efforts to provide a copy of the Campus Sexual Assault Victim's Bill of Rights to every student.	N.J. Stat. Ann. § 18A:61E-2
New York	Yes. State statute requires every postsecondary institution to adopt a statewide definition of affirmative consent, adopt a Students' Bill of Rights as part of its code of conduct and conduct, at least biennially, a campus climate assessment. Statute also outlines a required institutional response to reports.	Yes. The definition for affirmative consent is "a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant's sex, sexual orientation, gender identity, or gender expression.” The following principles must be reflected in the code of conduct: "a. Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act. b. Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol. c. Consent may be initially given but withdrawn at any time. d. Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent. e. Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm. f. When consent is withdrawn or can no longer be given, sexual activity must stop."	No.	Yes. If, after a conduct process, a student is found responsible for crimes of violence, including but not limited to sexual violence, a transcription notation of “suspended after a finding of responsibility for a code of conduct violation” or “expelled after a finding of responsibility for a code of conduct violation” will be made. If the accused student withdraws and declines to complete the conduct process, a notation of “withdrew with conduct charges pending" will be made.	Yes. Institutions will ensure the right of the respondent, accused, and reporting individuals to be accompanied by an advisor of choice who may assist and advise.	Yes. Reporting individuals have the right to be protected from retaliation for reporting an incident. Reporting individuals must be provided with information about resources including intervention, mental health counseling and medical services, including any associated costs or fees. When the accused or respondent is a student, the institution must accommodate reporting individuals by issuing a no contact order.	Yes. Every institution must adopt a student onboarding and ongoing education campaign about domestic violence, dating violence, stalking and sexual assault.	N.Y. Educ. Law § 6439 et. seq.
Maryland	Yes. Each institution must have a written and widely distributed policy on sexual assault that includes guidelines on the timeliness of reporting, disciplinary proceedings, and victim support services such as medical care, legal pursuits, mental health.	No.	No.	No.	Yes. Institutions must offer assistance by a licensed attorney, an advocate supervised by an attorney, or a trained advocate throughout the disciplinary proceedings and permit students to access counsel paid for by the Higher Education Commission.	Yes. Students must be informed of both campus and community supports services such as: hospital transportation and adequate medical attention including evidence collection, mental health counseling, and alternative housing options if relevant. The statute also offers protection from disciplinary action or retaliation for victims reporting a sexual assault.	No.	MD Code, Education, § 11-601
Tennessee	Yes. Statute outlines disciplinary procedures for alleged sexual misconduct, training for investigators of sexual misconduct, and student orientation sexual misconduct and violence training.	No.	Yes. Employees who investigate sexual misconduct must complete training developed or conducted by the Tennessee Law Enforcement Innovation Center. Tenn. Code Ann. § 49-7-122	No.	Yes. Institutions must inform students of the extent to which the institution allows attorneys or advisors to represent or advise the accused. Tenn. Code Ann. § 49-7-1703	Yes. The policy clarifies that institutions are not prohibited from providing victims with the same rights as the accused during the investigation, proceedings or appeal. Tenn. Code Ann. § 49-7-1704	Yes. Institutions are strongly encouraged to provide instruction on hate crime offenses, sexual assault, sexual battery, sexual harassment, and date rape awareness and prevention. Institutions are required to offer this instruction to students during orientation. Tenn. Code Ann. § 49-7-137 Employees who investigate sexual misconduct are required to annually complete training that meets federal requirements, or training developed or conducted by the Tennessee Law Enforcement Innovation Center. Tenn. Code Ann. § 49-7-122	Tenn. Code Ann. § 49-7-1701 et. seq; Tenn. Code Ann. § 49-7-137; Tenn. Code Ann. § 49-7-122
Arkansas	Yes. Statute outlines that the Arkansas Higher Education Coordinating Board work, in collaboration with institutions, to develop an action plan that addresses sexual assault prevention strategies and funding, and increased awareness about support services available to students.	No.	No.	No.	No.	Yes. Institutions shall identify opportunities to raise awareness of, and provide resources for the prevention of sexual assault across the entire student population.	Yes. Awareness and prevention plans should include: information about prevention for students through advising, student orientation, and academic courses when appropriate. The plan should also include funding opportunities available to address the prevention of sexual assault and to promote student success.	A.R. Stat. Ann. § 6-60-11
California	Yes. State statute offers a definition of affirmative consent and guidelines specific to student support services, detailed requirements for staff training and outreach programs, and a statement prohibiting punitive disciplinary treatment of those reporting instances of sexual assault.	Yes. “Affirmative consent” means affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that he or she has the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.	No.	No.	No.	Yes. Existing law requires, to the fullest extent possible, that students, faculty, and staff who are victims of sexual assault receive treatment and information. Outreach programs shall include a process for contacting and informing the student body, campus organizations, athletic programs, and student groups about the institution's overall sexual assault policy, the practical implications of an affirmative consent standard, and the rights and responsibilities of students under the policy. Initial response of the institution should include requirements specific to assisting the victim, providing information in writing about the importance of preserving evidence, and the identification and location of witnesses, as well as including the development of a victim interview protocol, and a comprehensive follow-up victim interview.	Yes. Statute outlines that an institution must implement a comprehensive prevention program. The prevention strategies must include empowerment programming for victim prevention, awareness raising campaigns, primary prevention, bystander intervention, and risk reduction. Institutions must also adopt detailed, victim-centered policies and protocols. Minimum requirements for policies and protocols are included.	West's Ann.Cal.Educ.Code § 67386
Colorado	Yes. State statute defines criteria for appropriate reporting of sexual assault incidencs and awareness programming.	No.	No.	Yes. When providing information regarding sexual assault or attempted sexual assault a state institution of higher education police department shall redact the victim's name and identifying information unless the victim agrees otherwise in writing with respect to each administrator or behavioral intervention task force to which the police department intends to release the information. Any personnel receiving this information shall make all reasonable efforts to ensure confidentiality or sharing of the information beyond what is necessary.	No.	No.	Yes. “Awareness programming” means institutional action designed to inform the campus community of the affirmative consent standard and communicate the prevalence of sexual assaults, stalking and intimate partner violence, including the nature and number of cases of sexual assault, stalking and intimate partner violence reported at or disclosed to each institution of higher education in the preceding three calendar years, including, but not limited to, poster and flyer campaigns, electronic communications, films, guest speakers, symposia, conferences, seminars or panel discussions.	C.R.S.A. § 23-5-141
Connecticut	Yes. State statute defines affirmative consent and outlines requirements for creating awareness and prevention programs. Institutions must also inform students and employees of resources available and work collaboratively with community partners to provide sufficient support both on and off campus.	Yes. “Affirmative consent” means an active, clear and voluntary agreement by a person to engage in sexual activity with another person.	No.	No.	No.	Yes. Institutions must notify students or employees who report being the victim of sexual assault of reasonable options for changing academic, living, working or transportation situtations in response to the incident. Institutions must also establish a memorandum of understanding with at least one community-based sexual assault crisis service center and at least one community-based domestic violence agency to ensure access to free and confidential disclosure, counseling and advocacy services, either on or off campus.	Yes. Each institution of higher education shall provide annual sexual assault, stalking and intimate partner violence primary prevention and awareness programming for all students and employees that includes an explanation of the definition of affirmative consent in sexual relationships, information concerning the reporting of incidences of such assaults, stalking and violence and strategies for bystander intervention and risk reduction, and ongoing sexual assault, stalking and intimate partner violence prevention and awareness campaigns.	C.G.S.A. § 10a-55m
Delaware	Yes. The statute defines that institutions must be notified of their access to support services in cases of sexual assault incidents, and also outlines specific requirements regarding the content and timeliness of staff training on issues of sexual assault awareness, prevention, and reporting.	No.	No.	No.	No.	Yes. The responsible employee shall inform the victim that crime victims are afforded certain rights in criminal proceedings and provide or direct the victim to a copy of the Victims' Bill of Rights approved by the Department of Justice.	Yes. Academic institutions shall provide training to responsible employees regarding the prevalence and nature of sexual assaults on college campuses and disclosures of sexual assaults using best practices with regard to a victim-centered, trauma-informed approach. Initial training must be offered to new employees within 3 months of employment with a refresher scheduled at least every 2 years thereafter. Academic institutions shall also provide training for newly enrolled full-time students in sexual assault prevention and awareness.	14 Del.C. § 9002A et. seq.
Hawaii	Yes. State statute requires students and university employees receive training regarding awareness and prevention, and also multiple outlets of information sharing on support services and their rights.	No.	No.	No.	No.	Yes. At each campus of the University of Hawaii system, designate a confidential advocate for students to confidentially discuss incidents of, and obtain information on, sexual harassment, sexual assault, domestic violence, dating violence, stalking, and related issues. Provides that confidential advocates and communications received by confidential advocates shall not be exempt from any otherwise applicable mandatory reporting requirements. The University of Hawaii must also make available to students and employees written and electronic materials regarding support services.	Yes. The University of Hawaii shall train all students and employees, including security personnel, Title IX coordinators, and residential advisors on public law, Title IX of the federal Education Amendments, The Violence Against Women Act of 1994 and University of Hawaii executive policies on sexual harassment, sexual assault, domestic violence, dating violence, and stalking. Staff shall receive training within 30 days of employment and every two years thereafter, and student shall receive annual training.	HRS § 304A-120
Illinois	Yes. The state statute outlines the factors related to affirmative consent and also outlines intended collaboration to improve awareness, prevention, and wraparound student support services.	Yes. The definition of consent recognizes that at minimum: consent is a freely given agreement to sexual activity, a person's lack of verbal or physical resistance or submission resulting from the use or threat of force does not constitute consent, a person's manner of dress does not constitute consent, a person's consent to past sexual activity does not constitute consent to future sexual activity, a person's consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another, a person can withdraw consentat any time, and a person cannot consent to sexual activity if that person is unable to understand the nature of the activity or give knowing consent due to circumstances. Those circumstances, include without limitation, the following: the person is incapacitated due to the use or influence of alcohol or drugs, the person is asleep or unconscious, the person is under age, or the person is incapacitated due to a mental disability.	No.	No.	No.	No.	Yes. Each higher education institution shall provide sexual violence primary prevention and awareness programming for all students who attend one or more classes on campus, which shall include reporting to the higher education institution, campus law enforcement, and local law enforcement and reporting to the confidential advisor or other confidential resources. Each higher education institution shall either establish their own campus-wide task force or participate in a regional task force, composed of representatives of campus staff, campus students, community-based organizations, and law enforcement. The task forces shall work toward improving coordination between community leaders and service providers to prevent sexual violence, domestic violence, dating violence, and stalking and to ensure a coordinated response both in terms of law enforcement and victim services.	110 ILCS 12/10
Louisiana	Yes. Each public postsecondary institution that receives any Title IV funding from the United States Department of Education is required to follow the policy which outlines coordination with local law enforcement and provides guidelines specific to reporting, prevention, and student support services.	No.	Yes. Institutions must enter into a memorandum of understanding with local law enforcement which defines investigative and information sharing responsibilities and protocols for investigation. The MOU also must include training agreements for all signing parties on issues related to sexual assault offenses.	No.	No.	Yes. Victims are provided with a confidential advisor who advises the student of their legal rights and rights related to orders of protection, reporting options, the investigation and disciplinary process, the process of investigation and adjudication in the criminal justice system, jurisdiction of institutional disciplinary proceedings, reasonable accommodations the institution may provide,and hospital transportation and adequate medical attention including evidence collection.	Yes. Institutions must ensure that individuals and employees who are involved in the institution's student grievance procedures, including resolution of complaints alleging sexual assault or misconduct, and those involved in interviewing alleged victims receive training developed by the Board of Regents.	LSA-R.S. 17:3399
Minnesota	Yes. State statute outlines the definition of consent and specific guidelines around sexual assault training, prevention, and awareness.	Yes. “Consent” is defined as words or overt actions by a person indicating a freely given present agreement to perform a particular sexual act with the actor. Consent does not mean the existence of a prior or current social relationship between the actor and the complainant or that the complainant failed to resist a particular sexual act.	No.	No.	No.	No.	Yes. Training for campus administrators responsible for investigating or adjudicating complaints on sexual assault shall include presentations on preventing sexual assault, responding to incidents of sexual assault, the dynamics of sexual assault, neurobiological responses to trauma, and compliance with state and federal laws on sexual assault. The training shall include information about topics including but not limited to the legal definition of sexual assault, preventing and reducing the prevalence of sexual assault; procedures for reporting campus sexual assault; and campus resources on sexual assault, including organizations that support victims of sexual assault.	M.S.A. § 135A.15
Missouri	Yes. The governing board of each public postsecondary institution must develop and enter into a memorandum of understanding with local law enforcement agencies. The MOU must contain detailed policies and protocols regarding sexual assault, domestic violence, dating violence and stalking involving a student that comport with best practices and current professional practices. At minimum, the MOU must set out procedural requirements for the reporting of an offense, protocol for establishing who has jurisdiction over an offense, and criteria for determining when an offense is to be reported to law enforcement.	No.	Yes. Local law enforcement must be involved in creating the MOU.	No.	No.	No.	No.	Mo. Ann. Stat. § 173.2050
Oregon	Yes. Each public and private university or college must adopt a protocol to ensure victims of sexual assault receive necessary services and assistance. The policy outlines what information must be provided to the victim.	No.	No.	No.	No.	Yes. Students must be informed of campus-based services available. Institutions may not use the threat of student discipline or other sanction to influence whether or not the victim will report an incident.	No.	Or. Rev. Stat. Ann. § 350.255; Or. Rev. Stat. Ann. § 350.257
Pennsylvania	Yes. Public and private higher education institutions are required to establish a sexual violence awareness education program.	No.	No.	No.	No.	Yes. The educational program must include information on where and how to get assistance, including the importance of medical treatment and evidence collection, and how to report sexual violence to campus authorities and local law enforcement. The program also must include introduction to the following members of the community: campus police and local law enforcement, campus health center, women's center and rape crisis center, and campus counseling services.	Yes. Institutions must provide follow up programming for the duration of the school year for new students.	24 Pa. Stat. Ann. § 20-2001-G et. seq.
Rhode Island	Yes. Every higher education institution is required to develop a policy to respond to sexual harassment.	No.	No.	No.	No.	No.	No.	16 R.I. Gen. Laws Ann. § 16-76-1 et. seq.
Texas	Yes. Public and private universities or colleges must adopt a sexual assault policy that defines prohibited behavior, sanctions for violations, protocols for reporting and responding to reports. Institutions must also provide an opportunity for students and staff to submit an electronic report of an allegation of sexual harassment, sexual assault, dating violence, or stalking.	No.	No.	No.	No.	Yes. To the extent possible, institutions will ensure that all individuals involved have access to a counselor who is not counseling the other individuals. The alleged victim and accused may drop a course in which both are enrolled without penalty.	Yes. First-year and transfer students must attend an orientation that covers the institution's sexual assault policy. Institutions must develop and offer a public awareness campaign on the sexual assault policy.	Tex. Educ. Code Ann. § 51.9363; Tex. Educ. Code Ann. § 51.9365
Virginia	Yes. Reporting requirements for institutional employees are outlined. Statute requires each public and nonprofit private higher education institution to enter into a memorandum of understanding with a crisis center or other victim support service. Statute requires the State Board to adopt a policy requiring the same MOU at each community college.	No.	Yes. Reports of sexual violence must be reviewed by a committee, of which one member must be a representative of law enforcement. Additionally, institutions may request or establish an MOU with a law enforcement agency.	No.	No.	Yes. Institutions must inform victims of the importance of seeking medical attention, available options for a protective order and their legal options for an investigation and prosecution.	No.	Va. Code Ann. § 23.1-806, 807 and 808
Washington	Yes. State statute establishes minimum standards for campus sexual violence policies.	No.	No.	No.	No.	Yes. Institutions must make relevant information and support available to sexual assault survivors. Institutions should endeavor to prevent retaliation towards victims, and not subject them to unnecessary or duplicative retellings of the incident. Institutions of higher education may not establish different disciplinary responses for different characteristics of involved students, such as student athlete status or fraternity or sorority membership.	Yes. Institutions must make relevant information available on a annual basis to students and staff.	Wash. Rev. Code Ann. § 28B.112.005 et. seq.
Alabama	No policy identified.
Alaska	No policy identified.
Arizona	No policy identified.
District of Columbia	No policy identified.
Florida	No policy identified.
Georgia	No policy identified.
Idaho	No policy identified.
Indiana	No policy identified.
Iowa	No policy identified.
Kansas	No policy identified.
Kentucky	No policy identified.
Maine	No policy identified.
Massachusetts	No policy identified.
Michigan	No policy identified.
Mississippi	No policy identified.
Montana	No policy identified.
Nebraska	No policy identified.
Nevada	No policy identified.
New Hampshire	No policy identified.
New Mexico	No policy identified.
North Carolina	No policy identified.
North Dakota	No policy identified.
Ohio	No policy identified.
Oklahoma	No policy identified.
Puerto Rico	No policy identified.
South Dakota	No policy identified.
Utah	No policy identified.
Vermont	No policy identified.
West Virginia	No policy identified.
Wisconsin	No policy identified.
Wyoming	No policy identified.

South Carolina

Yes. Public and private* universities or colleges must establish a campus sexual assault policy. The Commission on Higher Education is directed to develop and distribute a model sexual assault policy.

* "private colleges and universities" applies to those that chose to be governed by this section.

No.

Yes. The policy must include a statement clarifying that the accused and accuser have the same opportunities for support or legal counsel, if the institution's policy allows for outside legal counsel.

Yes. A policy must address the importance of preserving evidence of assault, and notification of existing medical, advocacy, counseling and mental health services. The policy must also address a student's options for changes to academic and residential situations after an alleged assault.

Yes. Each policy must address the institution's sexual assault awareness and prevention programs.

S.C. Code Ann. § 59-105-20 et. seq.

New Jersey

Yes. The Commission on Higher Education must appoint an advisory committee to develop a Campus Sexual Assault Victim's Bill of Rights.

No.

Yes. The Campus Sexual Assault Victim's Bill of Rights must affirm a reporting student's same right to legal assistance and to have others present, as the accused.

Yes. The Campus Sexual Assault Victim's Bill of Rights must affirm the right to access to counseling and medical assistance, and to require campus personnel to take reasonable action to prevent further unwanted contact between the reporting student and the accused.

Yes. Every public and independent institution is required to make reasonable efforts to provide a copy of the Campus Sexual Assault Victim's Bill of Rights to every student.

N.J. Stat. Ann. § 18A:61E-2

New York

Yes. State statute requires every postsecondary institution to adopt a statewide definition of affirmative consent, adopt a Students' Bill of Rights as part of its code of conduct and conduct, at least biennially, a campus climate assessment. Statute also outlines a required institutional response to reports.

Yes. The definition for affirmative consent is "a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant's sex, sexual orientation, gender identity, or gender expression.”

The following principles must be reflected in the code of conduct: "a. Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act. b. Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol. c. Consent may be initially given but withdrawn at any time. d. Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent. e. Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm. f. When consent is withdrawn or can no longer be given, sexual activity must stop."

No.

Yes. If, after a conduct process, a student is found responsible for crimes of violence, including but not limited to sexual violence, a transcription notation of “suspended after a finding of responsibility for a code of conduct violation” or “expelled after a finding of responsibility for a code of conduct violation” will be made. If the accused student withdraws and declines to complete the conduct process, a notation of “withdrew with conduct charges pending" will be made.

Yes. Institutions will ensure the right of the respondent, accused, and reporting individuals to be accompanied by an advisor of choice who may assist and advise.

Yes. Reporting individuals have the right to be protected from retaliation for reporting an incident. Reporting individuals must be provided with information about resources including intervention, mental health counseling and medical services, including any associated costs or fees. When the accused or respondent is a student, the institution must accommodate reporting individuals by issuing a no contact order.

Yes. Every institution must adopt a student onboarding and ongoing education campaign about domestic violence, dating violence, stalking and sexual assault.

N.Y. Educ. Law § 6439 et. seq.

Maryland

Yes. Each institution must have a written and widely distributed policy on sexual assault that includes guidelines on the timeliness of reporting, disciplinary proceedings, and victim support services such as medical care, legal pursuits, mental health.

No.

Yes. Institutions must offer assistance by a licensed attorney, an advocate supervised by an attorney, or a trained advocate throughout the disciplinary proceedings and permit students to access counsel paid for by the Higher Education Commission.

Yes. Students must be informed of both campus and community supports services such as: hospital transportation and adequate medical attention including evidence collection, mental health counseling, and alternative housing options if relevant. The statute also offers protection from disciplinary action or retaliation for victims reporting a sexual assault.

No.

MD Code, Education, § 11-601

Tennessee

Yes. Statute outlines disciplinary procedures for alleged sexual misconduct, training for investigators of sexual misconduct, and student orientation sexual misconduct and violence training.

No.

Yes. Employees who investigate sexual misconduct must complete training developed or conducted by the Tennessee Law Enforcement Innovation Center. Tenn. Code Ann. § 49-7-122

No.

Yes. Institutions must inform students of the extent to which the institution allows attorneys or advisors to represent or advise the accused. Tenn. Code Ann. § 49-7-1703

Yes. The policy clarifies that institutions are not prohibited from providing victims with the same rights as the accused during the investigation, proceedings or appeal. Tenn. Code Ann. § 49-7-1704

Yes. Institutions are strongly encouraged to provide instruction on hate crime offenses, sexual assault, sexual battery, sexual harassment, and date rape awareness and prevention. Institutions are required to offer this instruction to students during orientation. Tenn. Code Ann. § 49-7-137

Employees who investigate sexual misconduct are required to annually complete training that meets federal requirements, or training developed or conducted by the Tennessee Law Enforcement Innovation Center. Tenn. Code Ann. § 49-7-122

Tenn. Code Ann. § 49-7-1701 et. seq; Tenn. Code Ann. § 49-7-137; Tenn. Code Ann. § 49-7-122

Arkansas

Yes. Statute outlines that the Arkansas Higher Education Coordinating Board work, in collaboration with institutions, to develop an action plan that addresses sexual assault prevention strategies and funding, and increased awareness about support services available to students.

No.

Yes. Institutions shall identify opportunities to raise awareness of, and provide resources for the prevention of sexual assault across the entire student population.

Yes. Awareness and prevention plans should include: information about prevention for students through advising, student orientation, and academic courses when appropriate. The plan should also include funding opportunities available to address the prevention of sexual assault and to promote student success.

A.R. Stat. Ann. § 6-60-11

California

Yes. State statute offers a definition of affirmative consent and guidelines specific to student support services, detailed requirements for staff training and outreach programs, and a statement prohibiting punitive disciplinary treatment of those reporting instances of sexual assault.

Yes. “Affirmative consent” means affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that he or she has the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.

No.

Yes. Existing law requires, to the fullest extent possible, that students, faculty, and staff who are victims of sexual assault receive treatment and information. Outreach programs shall include a process for contacting and informing the student body, campus organizations, athletic programs, and student groups about the institution's overall sexual assault policy, the practical implications of an affirmative consent standard, and the rights and responsibilities of students under the policy. Initial response of the institution should include requirements specific to assisting the victim, providing information in writing about the importance of preserving evidence, and the identification and location of witnesses, as well as including the development of a victim interview protocol, and a comprehensive follow-up victim interview.

Yes. Statute outlines that an institution must implement a comprehensive prevention program. The prevention strategies must include empowerment programming for victim prevention, awareness raising campaigns, primary prevention, bystander intervention, and risk reduction. Institutions must also adopt detailed, victim-centered policies and protocols. Minimum requirements for policies and protocols are included.

West's Ann.Cal.Educ.Code § 67386

Colorado

Yes. State statute defines criteria for appropriate reporting of sexual assault incidencs and awareness programming.

No.

Yes. When providing information regarding sexual assault or attempted sexual assault a state institution of higher education police department shall redact the victim's name and identifying information unless the victim agrees otherwise in writing with respect to each administrator or behavioral intervention task force to which the police department intends to release the information. Any personnel receiving this information shall make all reasonable efforts to ensure confidentiality or sharing of the information beyond what is necessary.

No.

Yes. “Awareness programming” means institutional action designed to inform the campus community of the affirmative consent standard and communicate the prevalence of sexual assaults, stalking and intimate partner violence, including the nature and number of cases of sexual assault, stalking and intimate partner violence reported at or disclosed to each institution of higher education in the preceding three calendar years, including, but not limited to, poster and flyer campaigns, electronic communications, films, guest speakers, symposia, conferences, seminars or panel discussions.

C.R.S.A. § 23-5-141

Connecticut

Yes. State statute defines affirmative consent and outlines requirements for creating awareness and prevention programs. Institutions must also inform students and employees of resources available and work collaboratively with community partners to provide sufficient support both on and off campus.

Yes. “Affirmative consent” means an active, clear and voluntary agreement by a person to engage in sexual activity with another person.

No.

Yes. Institutions must notify students or employees who report being the victim of sexual assault of reasonable options for changing academic, living, working or transportation situtations in response to the incident. Institutions must also establish a memorandum of understanding with at least one community-based sexual assault crisis service center and at least one community-based domestic violence agency to ensure access to free and confidential disclosure, counseling and advocacy services, either on or off campus.

Yes. Each institution of higher education shall provide annual sexual assault, stalking and intimate partner violence primary prevention and awareness programming for all students and employees that includes an explanation of the definition of affirmative consent in sexual relationships, information concerning the reporting of incidences of such assaults, stalking and violence and strategies for bystander intervention and risk reduction, and ongoing sexual assault, stalking and intimate partner violence prevention and awareness campaigns.

C.G.S.A. § 10a-55m

Delaware

Yes. The statute defines that institutions must be notified of their access to support services in cases of sexual assault incidents, and also outlines specific requirements regarding the content and timeliness of staff training on issues of sexual assault awareness, prevention, and reporting.

No.

Yes. The responsible employee shall inform the victim that crime victims are afforded certain rights in criminal proceedings and provide or direct the victim to a copy of the Victims' Bill of Rights approved by the Department of Justice.

Yes. Academic institutions shall provide training to responsible employees regarding the prevalence and nature of sexual assaults on college campuses and disclosures of sexual assaults using best practices with regard to a victim-centered, trauma-informed approach. Initial training must be offered to new employees within 3 months of employment with a refresher scheduled at least every 2 years thereafter. Academic institutions shall also provide training for newly enrolled full-time students in sexual assault prevention and awareness.

14 Del.C. § 9002A et. seq.

Hawaii

Yes. State statute requires students and university employees receive training regarding awareness and prevention, and also multiple outlets of information sharing on support services and their rights.

No.

Yes. At each campus of the University of Hawaii system, designate a confidential advocate for students to confidentially discuss incidents of, and obtain information on, sexual harassment, sexual assault, domestic violence, dating violence, stalking, and related issues. Provides that confidential advocates and communications received by confidential advocates shall not be exempt from any otherwise applicable mandatory reporting requirements. The University of Hawaii must also make available to students and employees written and electronic materials regarding support services.

Yes. The University of Hawaii shall train all students and employees, including security personnel, Title IX coordinators, and residential advisors on public law, Title IX of the federal Education Amendments, The Violence Against Women Act of 1994 and University of Hawaii executive policies on sexual harassment, sexual assault, domestic violence, dating violence, and stalking. Staff shall receive training within 30 days of employment and every two years thereafter, and student shall receive annual training.

HRS § 304A-120

Illinois

Yes. The state statute outlines the factors related to affirmative consent and also outlines intended collaboration to improve awareness, prevention, and wraparound student support services.

Yes. The definition of consent recognizes that at minimum: consent is a freely given agreement to sexual activity, a person's lack of verbal or physical resistance or submission resulting from the use or threat of force does not constitute consent, a person's manner of dress does not constitute consent, a person's consent to past sexual activity does not constitute consent to future sexual activity, a person's consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another, a person can withdraw consentat any time, and a person cannot consent to sexual activity if that person is unable to understand the nature of the activity or give knowing consent due to circumstances. Those circumstances, include without limitation, the following: the person is incapacitated due to the use or influence of alcohol or drugs, the person is asleep or unconscious, the person is under age, or the person is incapacitated due to a mental disability.

No.

Yes. Each higher education institution shall provide sexual violence primary prevention and awareness programming for all students who attend one or more classes on campus, which shall include reporting to the higher education institution, campus law enforcement, and local law enforcement and reporting to the confidential advisor or other confidential resources. Each higher education institution shall either establish their own campus-wide task force or participate in a regional task force, composed of representatives of campus staff, campus students, community-based organizations, and law enforcement. The task forces shall work toward improving coordination between community leaders and service providers to prevent sexual violence, domestic violence, dating violence, and stalking and to ensure a coordinated response both in terms of law enforcement and victim services.

110 ILCS 12/10

Louisiana

Yes. Each public postsecondary institution that receives any Title IV funding from the United States Department of Education is required to follow the policy which outlines coordination with local law enforcement and provides guidelines specific to reporting, prevention, and student support services.

No.

Yes. Institutions must enter into a memorandum of understanding with local law enforcement which defines investigative and information sharing responsibilities and protocols for investigation. The MOU also must include training agreements for all signing parties on issues related to sexual assault offenses.

No.

Yes. Victims are provided with a confidential advisor who advises the student of their legal rights and rights related to orders of protection, reporting options, the investigation and disciplinary process, the process of investigation and adjudication in the criminal justice system, jurisdiction of institutional disciplinary proceedings, reasonable accommodations the institution may provide,and hospital transportation and adequate medical attention including evidence collection.

Yes. Institutions must ensure that individuals and employees who are involved in the institution's student grievance procedures, including resolution of complaints alleging sexual assault or misconduct, and those involved in interviewing alleged victims receive training developed by the Board of Regents.

LSA-R.S. 17:3399

Minnesota

Yes. State statute outlines the definition of consent and specific guidelines around sexual assault training, prevention, and awareness.

Yes. “Consent” is defined as words or overt actions by a person indicating a freely given present agreement to perform a particular sexual act with the actor. Consent does not mean the existence of a prior or current social relationship between the actor and the complainant or that the complainant failed to resist a particular sexual act.

No.

Yes. Training for campus administrators responsible for investigating or adjudicating complaints on sexual assault shall include presentations on preventing sexual assault, responding to incidents of sexual assault, the dynamics of sexual assault, neurobiological responses to trauma, and compliance with state and federal laws on sexual assault. The training shall include information about topics including but not limited to the legal definition of sexual assault, preventing and reducing the prevalence of sexual assault; procedures for reporting campus sexual assault; and campus resources on sexual assault, including organizations that support victims of sexual assault.

M.S.A. § 135A.15

Missouri

Yes. The governing board of each public postsecondary institution must develop and enter into a memorandum of understanding with local law enforcement agencies. The MOU must contain detailed policies and protocols regarding sexual assault, domestic violence, dating violence and stalking involving a student that comport with best practices and current professional practices. At minimum, the MOU must set out procedural requirements for the reporting of an offense, protocol for establishing who has jurisdiction over an offense, and criteria for determining when an offense is to be reported to law enforcement.

No.

Yes. Local law enforcement must be involved in creating the MOU.

No.

Mo. Ann. Stat. § 173.2050

Oregon

Yes. Each public and private university or college must adopt a protocol to ensure victims of sexual assault receive necessary services and assistance. The policy outlines what information must be provided to the victim.

No.

Yes. Students must be informed of campus-based services available. Institutions may not use the threat of student discipline or other sanction to influence whether or not the victim will report an incident.

No.

Or. Rev. Stat. Ann. § 350.255;
Or. Rev. Stat. Ann. § 350.257

Pennsylvania

Yes. Public and private higher education institutions are required to establish a sexual violence awareness education program.

No.

Yes. The educational program must include information on where and how to get assistance, including the importance of medical treatment and evidence collection, and how to report sexual violence to campus authorities and local law enforcement. The program also must include introduction to the following members of the community: campus police and local law enforcement, campus health center, women's center and rape crisis center, and campus counseling services.

Yes. Institutions must provide follow up programming for the duration of the school year for new students.

24 Pa. Stat. Ann. § 20-2001-G et. seq.

Rhode Island

Yes. Every higher education institution is required to develop a policy to respond to sexual harassment.

No.

16 R.I. Gen. Laws Ann. § 16-76-1 et. seq.

Texas

Yes. Public and private universities or colleges must adopt a sexual assault policy that defines prohibited behavior, sanctions for violations, protocols for reporting and responding to reports. Institutions must also provide an opportunity for students and staff to submit an electronic report of an allegation of sexual harassment, sexual assault, dating violence, or stalking.

No.

Yes. To the extent possible, institutions will ensure that all individuals involved have access to a counselor who is not counseling the other individuals. The alleged victim and accused may drop a course in which both are enrolled without penalty.

Yes. First-year and transfer students must attend an orientation that covers the institution's sexual assault policy. Institutions must develop and offer a public awareness campaign on the sexual assault policy.

Tex. Educ. Code Ann. § 51.9363; Tex. Educ. Code Ann. § 51.9365

Virginia

Yes. Reporting requirements for institutional employees are outlined. Statute requires each public and nonprofit private higher education institution to enter into a memorandum of understanding with a crisis center or other victim support service. Statute requires the State Board to adopt a policy requiring the same MOU at each community college.

No.

Yes. Reports of sexual violence must be reviewed by a committee, of which one member must be a representative of law enforcement. Additionally, institutions may request or establish an MOU with a law enforcement agency.

No.

Yes. Institutions must inform victims of the importance of seeking medical attention, available options for a protective order and their legal options for an investigation and prosecution.

No.

Va. Code Ann. § 23.1-806, 807 and 808

Washington

Yes. State statute establishes minimum standards for campus sexual violence policies.

No.

Yes. Institutions must make relevant information and support available to sexual assault survivors. Institutions should endeavor to prevent retaliation towards victims, and not subject them to unnecessary or duplicative retellings of the incident. Institutions of higher education may not establish different disciplinary responses for different characteristics of involved students, such as student athlete status or fraternity or sorority membership.

Yes. Institutions must make relevant information available on a annual basis to students and staff.

Wash. Rev. Code Ann. § 28B.112.005 et. seq.

Alabama

No policy identified.

Alaska

No policy identified.

Arizona

No policy identified.

District of Columbia

No policy identified.

Florida

No policy identified.

Georgia

No policy identified.

Idaho

No policy identified.

Indiana

No policy identified.

Iowa

No policy identified.

Kansas

No policy identified.

Kentucky

No policy identified.

Maine

No policy identified.

Massachusetts

No policy identified.

Michigan

No policy identified.

Mississippi

No policy identified.

Montana

No policy identified.

Nebraska

No policy identified.

Nevada

No policy identified.

New Hampshire

No policy identified.

New Mexico

No policy identified.

North Carolina

No policy identified.

North Dakota

No policy identified.

Ohio

No policy identified.

Oklahoma

No policy identified.

Puerto Rico

No policy identified.

South Dakota

No policy identified.

Utah

No policy identified.

Vermont

No policy identified.

West Virginia

No policy identified.

Wisconsin

No policy identified.

Wyoming

No policy identified.