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Replaces everything after the enacting clause. Creates the Preventing Sexual Violence in Higher Education Act. Requires public universities, public community colleges, and independent, not-for-profit or for-profit higher education institutions to adopt a comprehensive policy to address student allegations of sexual violence, domestic violence, dating violence, and stalking. Requires each higher education institution, upon being notified of a violation of the comprehensive policy, to provide the student survivor with a concise notification of the survivor's rights and options. Requires each higher education institution to provide students with access to confidential advisors to provide emergency and ongoing support to survivors of sexual violence. Requires each higher education institution to adopt one procedure to resolve complaints of student violations of the comprehensive policy. Sets forth provisions concerning campus training, education, and awareness. Amends the Campus Security Enhancement Act of 2008. Requires each public university, public community college, and independent, not-for-profit or for-profit higher education institution (instead of just public institutions of higher education) to either establish their own campus-wide task force or participate in a regional task force; makes other changes concerning the task forces. Amends the Board of Higher Education Act, with respect to programs to improve human relations, to require an annual (rather than monthly) report to the Department of Human Rights and the Attorney General concerning racial, ethnic, or religious intimidation and sexual harassment cases and to require each public university, public community college, and independent, not-for-profit or for-profit higher education institution to provide an annual report concerning sexual violence, domestic violence, dating violence, and stalking to the Department of Human Rights and the Attorney General. Amends the Code of Civil Procedure with respect to privileged communications between a confidential advisor and a student survivor pertaining to an incident of sexual violence. Effective immediately.
Senate Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the contents of the bill as engrossed, with the following changes. With respect to the Preventing Sexual Violence in Higher Education Act, changes certain terminology and makes changes concerning the definitions of "respondent" and "trauma-informed response"; the components of the comprehensive policy; student notification of rights and options; confidential advisor training and duties; complaint resolution procedures; and campus training, education, and awareness. With respect to the Campus Security Enhancement Act of 2008, requires the task forces to work toward improving coordination between (instead of with) community leaders and service providers and changes terminology. With respect to the Board of Higher Education Act, requires the annual report to include the number of attendees (instead of the attendance) of primary prevention and awareness programming at a higher education institution and changes terminology. With respect to the Code of Civil Procedure, provides for the confidentiality of communications (rather than statements) made to confidential advisors; changes definitions and terminology; provides that communications may be disclosed if the court finds, among other findings, that the communication is relevant, probative, and not unduly prejudicial or inflammatory or is otherwise clearly admissible (instead of finding that it is relevant, probative, not unduly prejudicial or inflammatory, or otherwise clearly admissible); and provides that the privilege shall not preclude an individual from asserting a greater privilege under federal or State law that applies. Effective immediately.
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