C.R.S. Section 23-5-147
Sexual misconduct advisory committee

  • membership
  • duties
  • report
  • legislative declaration
  • definitions

(1)

Intentionally left blank —Ed.

(a)

The general assembly finds and declares that in November of 2018, the federal department of education issued new, proposed rules on Title IX dealing with sexual misconduct.

(b)

The draft rules included changes in how educational institutions were to handle:

(I)

Allegations of off-campus sexual misconduct; and

(II)

Cross-examination of parties and witnesses during hearings.

(c)

In response to the proposed rules, the federal department of education received numerous comments and has not yet adopted the final rules.

(d)

Institutions of higher education will need to respond to the new federal rules quickly.

(e)

Therefore, the state should have in place an advisory committee to quickly make recommendations to the general assembly and institutions of higher education on the proposed rules.

(2)

As used in this section, unless the context otherwise requires:

(a)

“Advisory committee” means the sexual misconduct advisory committee created pursuant to subsection (3) of this section.

(b)

“Department” means the department of higher education created and existing pursuant to section 24-1-114.

(c)

“Institution of higher education” or “institution” means a state institution of higher education, as defined in section 23-18-102 (7), or any accredited campus of a state institution of higher education; a participating private institution of higher education, as defined in section 23-18-102 (8); a local district college, as defined in section 23-71-102 (1)(a); and an area technical college, as defined in section 23-60-103 (1).

(3)

There is created in the department the sexual misconduct advisory committee to make recommendations to the general assembly and to institutions of higher education concerning sexual misconduct policies and methods to reduce sexual misconduct at institutions of higher education.

(4)

Intentionally left blank —Ed.

(a)

The advisory committee consists of the following eleven persons appointed by the executive director of the department:

(I)

Three representatives from institutions of higher education;

(II)

Two Title IX coordinators from institutions of higher education;

(III)

Three persons who are representatives of organizations that advocate on behalf of or provide services to victims of sexual misconduct;

(IV)

An attorney who has experience representing victims of sexual misconduct at institutions of higher education;

(V)

An attorney who has experience representing persons accused of sexual misconduct at institutions of higher education; and

(VI)

A person with experience providing trauma-informed care.

(b)

Members of the advisory committee serve four-year terms and may be reappointed.

(c)

Members of the advisory committee serve without compensation or reimbursement of expenses.

(5)

After the final federal rules on Title IX sexual misconduct are adopted, the advisory committee shall study, examine best practices, and make recommendations to the general assembly and to institutions of higher education on issues related to sexual misconduct at institutions of higher education including:

(a)

How to handle incidents of sexual misconduct that occur outside of an institution’s programs, activities, or property;

(b)

How to conduct cross-examination of parties and witnesses at hearings;

(c)

Whether a standard of reasonableness should be included in an institution’s sexual misconduct policy; and

(d)

Can and should institutions of higher education have higher standards than are required by federal law and regulation.

(6)

Intentionally left blank —Ed.

(a)

Within ninety days after the final federal rules on Title IX sexual misconduct are adopted, the advisory committee shall submit a report to the education committees of the senate and house of representatives, or any successor committees, on suggested changes to institutions’ policies of sexual misconduct due to the new federal rules.

(b)

On or before January 15, 2021, and each January 15 thereafter, the advisory committee shall submit a report to the education committees of the senate and house of representatives, or any successor committees, including recommendations for changes to statutes and policies of institutions of higher education.

(7)

Repealed.

Source: Section 23-5-147 — Sexual misconduct advisory committee - membership - duties - report - legislative declaration - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-23.­pdf (accessed Oct. 20, 2023).

23‑5‑101.5
Enterprise status of auxiliary facilities - definitions 23‑5‑101.7
Enterprise status of institutions of higher education 23‑5‑102
Funding for auxiliary facilities - institutions of higher education - loans - bonds 23‑5‑103
Pledge of income 23‑5‑104
No property lien 23‑5‑105
Tax exemption 23‑5‑105.5
State board for community colleges and occupational education - authority to create financial obligations 23‑5‑106
Authority of governing boards - general - health-care insurance - contracts of indemnity 23‑5‑106.5
Authority of governing boards - student applications - criminal and disciplinary history inquiry - exceptions - definitions 23‑5‑107
Authority of governing boards - parking 23‑5‑108
Governing boards authorized to cede jurisdiction for enforcement of traffic laws 23‑5‑109
Identification - suicide and crisis prevention - rules 23‑5‑110
Medical personnel 23‑5‑112
Gifts and bequests to institutions of higher education - venture development investment funds 23‑5‑113
Collection of loans and outstanding obligations - state educational institutions 23‑5‑113.5
Prohibition on withholding transcripts and diplomas - postsecondary institution - remedy - definitions 23‑5‑114
National direct student loans - authority to separately collect advances 23‑5‑115
Loans or outstanding obligations offset 23‑5‑116
Governing boards - authority to provide out-of-state courses 23‑5‑117
Governing boards - delegation of personnel power 23‑5‑118
Selective service registration information 23‑5‑119.5
Student fees - legislative declaration - definitions - institutional plans - fee information - reporting 23‑5‑120
Student fees - deposit - interest 23‑5‑121
Governing boards - authority to establish nonprofit corporations for developing discoveries and technology 23‑5‑122
Intrainstitutional and intrasystem transfers - course scheduling 23‑5‑123
Sabbatical leave - policy - production of records - legislative declaration - definition 23‑5‑124
Student enrollment - prohibition - public peace and order convictions - definitions 23‑5‑125
Campus sex offender information 23‑5‑126
Governing boards - anti-terrorism measures 23‑5‑127
Unique student identifying number - social security number - prohibition 23‑5‑128
Meningococcal disease - information - immunity - definitions 23‑5‑131
Governing boards - tuition - fixed rate contract - definitions 23‑5‑132
Governing boards - travel policies - exemption from state travel rules 23‑5‑134
Appointments to governing boards - considerations 23‑5‑136
Governing boards - online textbook program 23‑5‑137
Loan repayment assistance - legislative declaration - definitions 23‑5‑138
Textbooks - academic freedom - definitions 23‑5‑139
Higher education revenue bond intercept program - definitions 23‑5‑140
Lifesaving school safety information - legislative declaration - definitions 23‑5‑140.5
Employee information - student loan repayment and forgiveness programs 23‑5‑140.7
Calculation of full-time employment of teachers for purposes of the federal public loan forgiveness program - definitions 23‑5‑141
Campus police information sharing - legislative declaration - definitions 23‑5‑142
Institution law enforcement agencies to provide identification cards to retired peace officers upon request - definitions 23‑5‑143
Sexual assault victim care - memorandum of understanding - training - definitions 23‑5‑144
Students’ right to speak in a public forum - legislative declaration - violations - court actions - free speech zones - definitions 23‑5‑145
Credit for military education and training - policy - definition 23‑5‑145.5
Credit for work-related experience - plan - report - definitions - repeal 23‑5‑145.6
Opportunities for credential attainment - fund - report - definitions - repeal 23‑5‑145.7
Funding for nondegree credential programs - duty - policy - appropriation - report - definitions - repeal 23‑5‑146
Sexual misconduct - policies - confidential resources - training - reports - definitions 23‑5‑147
Sexual misconduct advisory committee - membership - duties - report - legislative declaration - definitions 23‑5‑148
Dental therapy training programs - authorization to grant advanced standing - definition 23‑5‑149
Epinephrine auto-injectors at institutions of higher education - immunity - short title
Green check means up to date. Up to date

Current through Fall 2024

§ 23-5-147’s source at colorado​.gov