§3399.12. Definitions

            As used in this Part, the following terms have the following meanings unless the context clearly indicates otherwise:

            (1) "Chancellor" means the chief executive officer of a public postsecondary education institution.

            (2) "Confidential advisor" means a person designated by an institution to provide emergency and ongoing support to students who are alleged victims of power-based violence.

            (3) "Employee" means:

            (a)(i) An administrative officer, official, or employee of a public postsecondary education board or institution.

            (ii) Anyone appointed to a public postsecondary education board or institution.

            (iii) Anyone employed by or through a public postsecondary education board or institution.

            (iv) Anyone employed by a foundation or association related to a public postsecondary education management board or institution.

            (b) "Employee" does not include a student enrolled at a public postsecondary institution whose employment is contingent upon enrollment as a student, unless the student works for the institution in a position such as a teaching assistant or a residential advisor.

            (4) "Institution" means a public postsecondary education institution.

            (5) "Power-based violence" means any form of interpersonal violence intended to control or intimidate another person through the assertion of power over the person and shall include the following:

            (a) Dating violence (R.S. 46:2151).

            (b) Domestic abuse and family violence (R.S. 46:2121.1 and 2132). For the purposes of this Part, domestic abuse shall also include any act or threat to act that is intended to coerce, control, punish, intimidate, or exact revenge on the other party, for the purpose of preventing the victim from reporting to law enforcement or requesting medical assistance or emergency victim services, or for the purpose of depriving the victim of the means or ability to resist the abuse or escape the relationship.

            (c) Nonconsensual observation of another person's sexuality without the other person's consent, including voyeurism (R.S. 14:283.1), video voyeurism (R.S. 14:283), nonconsensual disclosure of a private image (R.S. 14:283.2), and peeping tom activities (R.S. 14:284).

            (d) Sexual assault (R.S. 14:41, 42 through 43.5, 89, 89.1, and 106).

            (e) "Sexual exploitation" which means an act attempted or committed by a person for sexual gratification, financial gain, or other advancement through the abuse of another person's sexuality including prostituting another person (R.S. 14:46.2 and 82 through 86).

            (f) "Sexual harassment" which means unwelcome sexual advances, requests for sexual favors, and other verbal, physical, or inappropriate conduct of a sexual nature when the conduct explicitly or implicitly affects an individual's employment or education, unreasonably interferes with an individual's work or educational performance, or creates an intimidating, hostile, or offensive work or educational environment and has no legitimate relationship to the subject matter of a course or academic research.

            (g) Stalking (R.S. 14:40.2) and cyberstalking (R.S. 14:40.3).

            (h) Unlawful communications (R.S. 14:285).

            (i) Unwelcome sexual or sex- or gender-based conduct that is objectively offensive, has a discriminatory intent, and lacks a bona fide academic purpose.

            (6) "Responsible employee" means an employee as defined in this Section who receives a direct statement regarding or witnesses an incident of power-based violence. "Responsible employee" does not include an employee designated as a confidential advisor pursuant to R.S. 17:3399.15(B) or an employee who has privileged communications with a student as provided by law.

            (7) "System president" means the president of a public postsecondary education system.

            (8) "Title IX coordinator" means the individual designated by a public postsecondary education institution as the institution's official for coordinating the institution's efforts to comply with and carry out its responsibilities under Title IX of the Education Amendments of 1972.

            Acts 2021, No. 439, §2, eff. June 21, 2021; Acts 2021, No. 441, §1, eff. June 22, 2021; Acts 2021, No. 472, §2, eff. June 29, 2021; Acts 2022, No. 374, §1; Acts 2022, No. 689, §1, eff. June 18, 2022.