HIGHER ED-PREVENT SEX VIOLENCE

Reinserts the provisions of the bill as amended by Senate Amendment No. 1 with the following changes. Provides that, beginning August 1, 2027, any party that is aggrieved by a material failure of a higher education institution to substantially comply with (rather than conduct of a higher education institution that violates) provisions concerning the comprehensive policy may bring a civil lawsuit. Provides that the lawsuit must be brought no later than 4 years after the alleged violation (rather than 4 years after the alleged violation or 4 years after the date the aggrieved party becomes aware of the alleged violation, whichever is later). Requires that, to award actual and punitive damages, the court has to find that a higher education institution acted with deliberate indifference in violating the provisions or in disregarding the safety of the aggrieved party by a preponderance of the evidence. Provides that punitive damages may be awarded only if there is evidence of intentional misconduct or deliberate indifference regarding student safety. Requires that, except where emergency injunctive relief is sought, an aggrieved party must provide written notice to the higher education institution identifying the alleged violation and allow the higher education institution 30 days to cure or address the alleged noncompliance prior to filing a civil action, and that emergency injunctive relief shall be limited to ongoing or imminent violations. In provisions concerning complaint resolution procedures, provides that the higher education institution shall provide or facilitate reasonable protective and supportive measures within the scope of services, programs, and accommodations reasonably available through the higher education institution and bear the cost of those reasonable protective and supportive measures. Further amends the Preventing Sexual Violence in Higher Education Act by adding provisions allowing the Attorney General to impose a civil penalty on a higher education institution for failure to submit a complete annual report. Sets forth requirements for the imposition of the civil penalty. Makes other changes. Effective July 1, 2027.

Status

Engrossed

Passed its first chamber

Status date

Apr 17, 2026

209 days ago

Current chamber

House of Representatives

Session

2025-2026 Regular Session