2020 Nebraska Revised Statutes
Chapter 85 - State University, State Colleges, and Postsecondary Education
85-608 Report; contents; hearing.

85-608. Report; contents; hearing.

(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.

Source

• Laws 2020, LB534, § 1.
• Effective Date: November 14, 2020