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Code · Nebraska · Chapter 85 — State University, State Colleges, and Postsecondary Education

85-608. Report; contents; hearing.

423 words·~2 min read·/ne/chapter-85/85-608

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)On or before September 15, 2021, and September 15 of each odd-numbered year thereafter, each public postsecondary institution shall electronically submit a report regarding sexual harassment and Title IX compliance to the Clerk of the Legislature and the Education Committee of the Legislature. The report shall include:
(a)Results of any campus climate survey related to sexual harassment;
(b)Information related to the training provided to Title IX coordinators, investigators, and decisionmakers regarding sexual harassment;
(c)Any policies, initiatives, or grievance procedures the postsecondary institution has adopted to address sexual harassment;
(d)Information on where the postsecondary institution's students and employees may receive immediate emergency assistance to address instances of sexual harassment;
(e)Information on how the postsecondary institution's students and employees may report concerns of sexual harassment to the postsecondary institution;
(f)Information on resources, programs, and support available to the postsecondary institution's students and employees to address concerns of sexual harassment;
(g)Information on any of the postsecondary institution's student or employee-led organizations engaged in supporting victims of sexual harassment; and
(h)Any agreement between the postsecondary institution and a local law enforcement agency or the county attorney related to addressing instances of sexual harassment.
(2)The report shall not include any personally identifiable information, information that is subject to a privilege arising under state or federal law, or records that may be withheld from disclosure under section 84-712.05 .
(3)On or before December 15, 2021, and on or before December 15 of each odd-numbered year thereafter, the Education Committee of the Legislature shall hold a public hearing to review all reports submitted under this section.
(4)For purposes of this section:
(a)Postsecondary institution has the same meaning as in section 85-2403 ;
(b)Sexual harassment means conduct that satisfies one or more of the following:
(i)An employee conditioning the provision of an aid, benefit, or service on an individual's participation in unwelcome sexual conduct;
(ii)Unwelcome conduct on the basis of sex determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the education program or activity;
(iii)Sexual assault as defined in 20 U.S.C. 1092(f)(6)(A)(v);
(iv)Dating violence as defined in 34 U.S.C. 12291(a)(10);
(v)Domestic violence as defined in 34 U.S.C. 12291(a)(8); or
(vi)Stalking as defined in 34 U.S.C. 12291(a)(30); and
(c)Title IX means Title IX of the Education Amendments of 1972, Public Law 92-318 , 20 U.S.C. 1681 to 1688, and its accompanying regulations and guidance documents, as amended.
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