SF 1035 Minnesota Senate · 2025-2026 Regular Session

Provisions modification related to campus sexual misconduct

SF 1035 amends Minnesota's campus sexual misconduct policies by clarifying key definitions in statute 135A.15. It defines terms like "advisor" (a support person, potentially an attorney, for parties during investigations), "incident" (one report covering all related misconduct), and expands "sexual misconduct" to explicitly include nonconsensual deepfakes, stalking, and intimate partner violence. This bill directly affects Minnesota's public and private colleges/universities that handle sexual misconduct complaints under state law. The changes focus solely on terminology to ensure consistent application of existing procedures, without altering investigation or disciplinary processes.

Issues: ✓ Technology

Bill status in committee 1 of 4 stages cleared

Introduction

Feb 2025

Committee Review

Floor Vote

Governor

Introduced Feb 6, 2025 Last action Apr 7, 2025

Maddy AI version diff · 2 comparisons

What changed between versions

1st Engrossment → 2nd Engrossment · 5 edits · Apr 7, 2025

MODERATE

This bill updates campus sexual misconduct procedures to shift focus from the 'victim' to the 'reporting party,' ensuring supportive measures are requested by the person filing the report rather than the survivor. It mandates hearings only when requested by either party and clarifies that advisors cannot be attorneys, while allowing adjudicators to ask questions. The changes also restrict the use of medical information for sanctions to only the reporting party's records and require the use of the student grievance process for student reporting parties, even if they are employees.

Scope change

The bill's applicability now explicitly covers situations where a reporting party is a student, requiring the use of the student grievance process regardless of their employment status, and it alters the procedural requirements for hearings and evidence use.

REQUIREMENT

Changed the term 'victim' to 'reporting party' when requesting academic or residential supportive measures, broadening who can initiate these requests.

Added a requirement that postsecondary institutions must hold a hearing if requested by either the reporting or responding party.

Removed the ability for advisors to be attorneys and clarified that adjudicators, not parties, may ask questions during proceedings.

Restricted the consideration of medical and mental health information for sanctions to only the reporting party's records, excluding the responding party's records.

Added a mandate that if a reporting party is a student, the institution must use the student grievance process, even if the student is also an employee.

Introduction → 1st Engrossment · 7 edits · Mar 6, 2025

MODERATE

This bill updates Minnesota's campus sexual misconduct laws to modernize grievance procedures and enhance due process protections for all parties involved. The changes shift the focus from a victim-centric model to a balanced approach that includes 'alternative resolution options' and 'supportive measures' for both the accuser and the accused. It also expands the definition of who can serve as an advisor during hearings and clarifies rules regarding the admissibility of evidence, such as prior sexual behavior and mental health records.

Scope change

The scope of the bill applies to all postsecondary institutions in Minnesota, requiring them to adopt a new, more balanced grievance process that was previously missing for some institutions.

REQUIREMENT

Institutions must now offer equitable academic and residential supportive measures (like class extensions or housing changes) to both the reporting and responding parties.

Remedial actions for misconduct now include 'alternative resolution options' with consent from both parties, replacing the previous option of restorative justice services which only required the victim's consent.

Institutions must provide advisors (who can be attorneys) with a broader role, including participation in interviews and investigative processes, not just hearings.

Decisions on misconduct must be delivered no later than 24 hours before the outcome is released, and institutions must offer community mental health resources to both parties.

The ability to cross-examine witnesses was restricted; parties can no longer personally cross-examine each other or witnesses, and this must be done by an advisor or neutral third party.

Institutions must have a specific written policy on retaliation that defines what constitutes retaliation and outlines actions for students and employees.

DEFINITION

The rules for what evidence is admissible were clarified; for example, mental health records can now be considered if the reporting party signs a release, and questions about sexual preferences are allowed only to prove consent or that someone else committed the act.

Floor votes

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Full legislative history

Actions timeline

Total actions

Key actions

Committee

Apr 7, 2025

Upper · Passed

Comm report: To pass as amended and re-refer to Higher Education

upper

Mar 6, 2025

Upper · Passed

Comm report: To pass as amended and re-refer to Judiciary and Public Safety

upper

Feb 6, 2025

Committee

Referred to Higher Education

upper

Feb 6, 2025

Introduced

Introduction and first reading

upper

1 primary · 4 co-sponsors