Florida Senate - 2019                                     SB 238
       
       
        
       By Senator Book
       
       
       
       
       
       32-00290-19                                            2019238__
    1                        A bill to be entitled                      
    2         An act relating to sexual misconduct; creating s.
    3         1004.098, F.S.; defining terms; requiring that a
    4         postsecondary educational institution include a
    5         notation on a student’s academic transcript if the
    6         student has been dismissed from the institution for a
    7         sexual misconduct offense; requiring that the
    8         institution notify the student of such notation;
    9         requiring that institutions adopt procedures for
   10         removing a notation from a student’s academic
   11         transcript under certain circumstances; requiring that
   12         an institution remove the notation on a student’s
   13         academic transcript if the student fulfills certain
   14         requirements; specifying a requirement for the
   15         notation delineating a sexual misconduct offense on a
   16         student’s academic transcript; requiring the State
   17         Board of Education to adopt rules and the Board of
   18         Governors to adopt regulations; providing an effective
   19         date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Section 1004.098, Florida Statutes, is created
   24  to read:
   25         1004.098 Sexual misconduct transcript notation; public and
   26  independent colleges and universities; authority to adopt rules
   27  and regulations.—
   28         (1) DEFINITIONS.—As used in this section, the term:
   29         (a) “Postsecondary educational institution” means a Florida
   30  College System institution, a state university, or an
   31  independent college or university that is eligible to
   32  participate in the William L. Boyd, IV, Effective Access to
   33  Student Education Grant Program under s. 1009.89.
   34         (b) “Sexual misconduct” means fondling the genital area,
   35  groin, inner thighs, buttocks, or breasts of a person; the oral,
   36  anal, or vaginal penetration by or union with the sexual organ
   37  of another; or the anal or vaginal penetration of another by any
   38  other object.
   39         (2) TRANSCRIPT NOTATION REQUIREMENT.—Each postsecondary
   40  educational institution shall:
   41         (a) Include a prominent notation on the academic transcript
   42  of each student who is permanently dismissed, pursuant to s.
   43  1006.60, for an offense involving sexual misconduct under the
   44  institution’s code of conduct.
   45         (b) Notify the student that the permanent dismissal will be
   46  documented on the student’s academic transcript.
   47         (3) NOTATION REMOVAL.—Each postsecondary educational
   48  institution shall:
   49         (a) Adopt a procedure in the institution’s code of conduct
   50  for removing a notation delineating a sexual misconduct offense
   51  from the academic transcript of any student who is permanently
   52  dismissed and is subsequently found not to have committed the
   53  sexual misconduct offense.
   54         (b) Remove the notation for a sexual misconduct offense
   55  placed on a student’s academic transcript if the student
   56  fulfills the conditions for removal pursuant to the
   57  postsecondary educational institution’s notation removal
   58  procedure.
   59         (4) NOTATION.—The notation delineating a sexual misconduct
   60  offense on a student’s academic transcript must be in
   61  substantially the following form: “Dismissed for a sexual
   62  misconduct violation of (Name of institution’s code of
   63  conduct).”
   64         (5) RULEMAKING AUTHORITY.—The State Board of Education
   65  shall adopt rules, and the Board of Governors shall adopt
   66  regulations, consistent with this section.
   67         Section 2. This act shall take effect July 1, 2019.