Originally published: . Volume 12, No. 8. Source pages: 8.
Several Laws Enacted to Combat "Power-Based Violence" and Enforce Reporting on Louisiana's College Campuses
"This is an opportunity for legislators to take a stand to protect the women on our college campuses," Senator Beth Mizell, author SB 230, testified in the House Education Committee. "What has happened has been through the inner workings with everything with higher ed, the university systems, to the LSU admin, to the board of regents, It’s students themselves."
Mizell's SB 230, Rep. Aimee Adatto Freeman's HB 409, and Senator Regina Barrow's SB 232 have been signed by Gov. Edwards reflecting the issues having to do with the Louisiana State University scandal disclosed last year.
In November 2020 USA Today published an article titled “LSU mishandled sexual misconduct complaints against students, including top athletes” Louisiana State University was described as mishandling reports of sexual and related misconduct.
In that article, by Kenny Jacoby, Nancy Armour, and Jessica Luther, the authors said, "For more than a year, people at the highest levels of the Louisiana State University athletic department fielded complaints about their prized running back, Derrius Guice."
"LSU’s failure to adequately address sexual misconduct goes beyond one star running back, a USA TODAY investigation found. Officials in the university’s athletic department and broader administration repeatedly have ignored complaints against abusers, denied victims’ requests for protections and subjected them to further harm by known perpetrators."
The University retained Husch Blackwell to conduct an independent review of various Title IX-related incidents, In a March 3 report by Husch Blackwell, they found:
"1. The University did not handle various items identified in the USA Today article in a manner consistent with obligations under Title IX, widely recognized best practices, and/or University policy.
"2. Various incidents of athletics-related misconduct have not been appropriately reported to the University’s Title IX Coordinator. We are especially concerned about a lack of reporting prior to November 2016 […]. It is worth noting, though, that our concerns about reporting are not limited to Athletics. Institutional reporting policy and training have been unclear for years.
"3. The University’s Title IX Office has never been appropriately staffed or provided with the independence and resources to carry out Title IX’s mandates."
In response bills were submitted in the 2021 session and passed including the following:
ACT 472 (HB 409) ––Reporting abuse
Rep. Aimee Adatto Freeman's HB 409 has been signed by the Governor into Act 472. The new law uses the term "power-based violence" and provides the following: (1) Requires employees to report to the institution's Title IX coordinator upon witnessing or receiving a direct statement regarding an incident of power- based violence. Provides that reporting is not mandated if information is received during a public forum or awareness event, in the course of reviewing academic work, or indirectly, such as in the course of overhearing a conversation; (2) Requires the Title IX Coordinator to report to the chancellor; (3) Requires the chancellor to report to the management board; (4) Requires the system president to submit a system-wide summary report to the management board; (5) Requires the management board to submit a system-wide summary report to the Board of Regents; (6) Requires the Board of Regents to submit a report to the governor, House Speaker, Senate President, and House and Senate education committees.
ACT 439 (SB 230)–– Campus Accountability and Safety Act
Senator Mizell's Measure addresses power-based violence on college and university campuses and makes numerous changes to the law. For example, the new law requires each institution and law enforcement maintain a written memorandum of understanding to clearly delineate responsibilities and share information in accordance with applicable federal and state confidentiality laws, including but not limited to trends about power- based violence committed by or against students of the institution. It requires that each person designating a person as a confidential advisor under new law, shall complete a training program that includes information on power-based violence, trauma- informed interactions, Title IX requirements, state law on power-based violence, and resources for victims. It requires completion of annual training relative to power-based violence and Title IX developed by the attorney general in collaboration with the Board of Regents, and be provided through online training materials.
ACT 441 (SB 232) – Creates the "Louisiana Power-Based Violence Review Panel"
Senator Regina Barrow's SB 232 creates the Louisiana Power- Based Violence Review Panel under the jurisdiction of the Board of Regents composed of members that include a licensed psychologist with experience related to power-based violence, appointed by the chair of the Louisiana State Board of Examiners of Psychologists. Also included:
(1) The president of the Louisiana Senate or his designee. (2) The speaker of the Louisiana House of Representatives […] (3) The chair of the Louisiana Senate Select Committee on Women and Children or his designee. (4) The chair of the Louisiana House Select Committee on Women and Children or his designee. (5) The attorney general or his designee. (6) The commissioner of higher education or his designee. (7) The president of each public postsecondary education management board or his designee. (8) A student representative […] (9) The superintendent of the Louisiana State Police […] (10) The president of the Louisiana Association of Chiefs of Police or his designee. (11) A member of the Domestic Violence Prevention Commission appointed by the secretary of the Department of Children and Family Services. (12) A licensed social worker with experience related to power- based violence appointed by the president of the Board of Directors of the Louisiana Chapter, National Association of Social Workers. (13) A licensed psychologist with experience related to power- based violence, appointed by the chair of the Louisiana State Board of Examiners of Psychologists. (14) The executive director of the Louisiana Foundation Against Sexual Assault or his designee. (15) The president of Sexual Trauma Awareness and Response or his designee.
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