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§ 20-2003-J. Online reporting system

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 24 P.S. EducationEffective: June 29, 2020

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 24 P.S. Education
Chapter 1. Public School Code of 1949 (Refs & Annos)
Article XX-J. Postsecondary Institution Sexual Harassment and Sexual Violence Policy and Online Reporting System
Effective: June 29, 2020
24 P.S. § 20-2003-J
§ 20-2003-J. Online reporting system
(a) Establishment of online reporting system.--A postsecondary institution shall establish and maintain an online reporting system to receive complaints of sexual harassment and sexual violence from students and employees. A report shall be investigated through the process established in the postsecondary institution's sexual harassment and sexual violence policy. A postsecondary institution may not fail or refuse to investigate an anonymous report because it is anonymous.
(b) Anonymous reports.--The online reporting system shall permit anonymous reports, which shall be investigated in accordance with subsection (a).
(c) Required information.--A postsecondary institution shall provide students and employees making reports under this section with the following:
(1) Information regarding who will receive and have access to the reports filed.
(2) How information gathered through the online reporting system will be used.
(3) Contact information for on-campus and off-campus organizations serving victims of sexual harassment and sexual violence.
(d) Statement.--The online reporting system shall prominently post the online system's policy regarding reports and investigations of sexual harassment and sexual violence and shall encourage individuals to review the policy for more information about procedures and resources.
(e) Access to data.--A postsecondary institution shall limit access to the data collected, created or maintained under subsection (a) to only the data subject and as follows:
(1) Only individuals with explicit authorization from a postsecondary institution may enter, update, access, share or disseminate electronic data related to an incident of sexual harassment or sexual violence collected, created or maintained under this section.
(2) The ability of an authorized individual to enter, update, access, share or disseminate data must be limited through the use of role-based access that corresponds to the official duties or training level of the individual and the institutional authorization that grants access for that purpose.
(3) Actions in which the data related to an incident of sexual harassment or sexual violence are entered, updated, accessed, shared or disseminated outside the postsecondary institution must be recorded in a data audit trail.
(4) An institution shall immediately and permanently revoke the authorization of an individual determined to have willfully entered, updated, accessed, shared or disseminated data in violation of this section.
(5) An institution or individual implementing, operating or working for the program may not be compelled to produce a record except pursuant to a court order.

Credits

1949, March 10, P.L. 30, No. 14, art. XX-J, § 2003-J, added 2019, June 28, P.L. 117, No. 16, § 16, effective in 365 days [June 29, 2020].
24 P.S. § 20-2003-J, PA ST 24 P.S. § 20-2003-J
Current through Act 4 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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