(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:

Terms Used In Nebraska Statutes 85-608

  • Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
  • Domestic: when applied to corporations shall mean all those created by authority of this state. See Nebraska Statutes 49-801
  • Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
  • Year: shall mean calendar year. See Nebraska Statutes 49-801

(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.

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