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Senate
File
190
-
Introduced
SENATE
FILE
190
BY
PETERSEN
,
DONAHUE
,
BISIGNANO
,
TRONE
GARRIOTT
,
TOWNSEND
,
STAED
,
QUIRMBACH
,
WINCKLER
,
WEINER
,
DOTZLER
,
BLAKE
,
and
BENNETT
A
BILL
FOR
An
Act
establishing
certain
privileges
for
communications
1
made
regarding
incidents
of
sexual
assault,
harassment,
or
2
discrimination
and
creating
a
special
motion
for
expedited
3
relief
in
such
actions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
659B.1
Definitions.
1
For
the
purposes
of
this
chapter,
unless
the
context
2
otherwise
requires:
3
1.
“Communication”
means
factual
information
related
to
4
an
incident
of
sexual
assault,
harassment,
or
discrimination
5
experienced
by
the
individual
making
the
communication,
6
including
any
of
the
following:
7
a.
An
act
of
sexual
harassment,
as
described
in
section
8
708.7,
subsection
1,
paragraph
“a”
,
subparagraph
(5).
9
b.
An
act
of
workplace
harassment
or
discrimination,
failure
10
to
prevent
an
act
of
workplace
harassment
or
discrimination,
11
aiding,
abetting,
inciting,
compelling,
or
coercing
an
12
act
of
workplace
harassment
or
discrimination,
or
an
act
13
of
retaliation
against
a
person
for
reporting
or
opposing
14
workplace
harassment
or
discrimination.
15
c.
An
act
of
sexual
harassment.
16
d.
An
act
of
harassment
or
discrimination,
or
an
act
of
17
retaliation
against
a
person
for
reporting
harassment
or
18
discrimination.
19
e.
An
act
of
cyber
sexual
bullying.
20
2.
“Cyber
sexual
bullying”
means
the
dissemination
of,
or
21
the
solicitation
or
incitement
to
disseminate,
a
sexual
image
22
by
a
student
to
another
student
or
to
school
personnel
by
means
23
of
an
electronic
act
that
has
or
can
be
reasonably
predicted
to
24
have
one
or
more
of
the
following
effects:
25
a.
Placing
a
reasonable
student
in
fear
of
harm
to
that
26
student’s
person
or
property.
27
b.
Causing
a
reasonable
student
to
experience
a
28
substantially
detrimental
effect
on
the
student’s
physical
or
29
mental
health.
30
c.
Causing
a
reasonable
student
to
experience
substantial
31
interference
with
the
student’s
academic
performance.
32
d.
Causing
a
reasonable
student
to
experience
substantial
33
interference
with
the
student’s
ability
to
participate
in
or
34
benefit
from
the
services,
activities,
or
privileges
provided
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by
a
school.
1
3.
“Sexual
harassment”
means
unwelcome
sexual
advances,
2
requests
for
sexual
favors,
and
other
verbal,
visual,
or
3
physical
conduct
of
a
sexual
nature,
made
by
someone
from
or
4
in
the
work
or
educational
setting,
under
any
of
the
following
5
conditions:
6
a.
Submission
to
the
conduct
is
explicitly
or
implicitly
7
made
a
term
or
a
condition
of
an
individual’s
employment,
8
academic
status,
or
progress.
9
b.
Submission
to,
or
rejection
of,
the
conduct
by
the
10
individual
is
used
as
the
basis
of
employment
or
academic
11
decisions
affecting
the
individual.
12
c.
The
conduct
has
the
purpose
or
effect
of
having
a
13
negative
impact
upon
the
individual’s
work
or
academic
14
performance,
or
of
creating
an
intimidating,
hostile,
or
15
offensive
work
or
educational
environment.
16
d.
Submission
to,
or
rejection
of,
the
conduct
by
the
17
individual
is
used
as
the
basis
for
any
decision
affecting
18
the
individual
regarding
benefits
and
services,
honors,
19
programs,
or
activities
available
at
or
through
the
educational
20
institution.
21
Sec.
2.
NEW
SECTION
.
659B.2
Incidents
of
sexual
assault,
22
harassment,
or
discrimination
——
privileged
communications.
23
1.
A
communication
made
by
a
person
who
has
or
had
a
24
reasonable
basis
to
file
a
complaint
of
sexual
assault,
25
harassment,
or
discrimination
regarding
the
communication,
26
whether
or
not
the
complaint
was
filed,
shall
not
be
liable
for
27
libel
or
slander
if
the
communication
was
made
without
malice.
28
2.
If
a
defamation
action
is
brought
against
a
person
who
29
made
such
a
privileged
communication,
the
defendant
may
apply
30
for
expedited
review
pursuant
to
section
659B.3.
31
3.
A
prevailing
defendant
in
any
civil
action
brought
32
pursuant
to
chapter
659
for
making
a
communication
that
33
is
privileged
under
this
section
is
entitled
to
all
of
the
34
following:
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a.
Reasonable
attorney
fees
and
costs.
1
b.
Noneconomic
damages
for
any
harm
caused
to
the
defendant
2
by
the
libel
or
slander
action.
3
c.
Punitive
damages.
4
d.
Any
other
relief
otherwise
permitted
by
law.
5
Sec.
3.
NEW
SECTION
.
659B.3
Special
motion
for
expedited
6
relief.
7
Not
later
than
sixty
days
after
a
party
is
served
with
a
8
petition,
crossclaim,
counterclaim,
third-party
claim,
or
other
9
pleading
that
asserts
a
cause
of
action
to
which
this
chapter
10
applies,
or
at
a
later
time
on
a
showing
of
good
cause,
the
11
party
may
file
a
special
motion
for
expedited
relief
to
dismiss
12
the
cause
of
action
or
part
of
the
cause
of
action.
13
Sec.
4.
NEW
SECTION
.
659B.4
Stay.
14
1.
Except
as
otherwise
provided
in
subsections
4
through
15
7,
on
the
filing
of
a
motion
under
section
659B.3,
all
of
the
16
following
apply:
17
a.
All
other
proceedings
between
the
moving
party
and
18
responding
party,
including
discovery
and
a
pending
hearing
or
19
motion,
are
stayed.
20
b.
On
motion
by
the
moving
party,
the
court
may
stay
a
21
hearing
or
motion
involving
another
party,
or
discovery
by
22
another
party,
if
the
hearing
or
ruling
on
the
motion
would
23
adjudicate,
or
the
discovery
would
relate
to,
an
issue
material
24
to
the
motion
under
section
659B.3.
25
2.
A
stay
under
subsection
1
remains
in
effect
until
entry
26
of
an
order
ruling
on
the
motion
under
section
659B.3
and
27
expiration
of
the
time
under
section
659B.9
for
the
moving
28
party
to
appeal
the
order.
29
3.
Except
as
otherwise
provided
in
subsections
5,
6,
and
30
7,
if
a
party
appeals
from
an
order
ruling
on
a
motion
under
31
section
659B.3,
all
proceedings
between
all
parties
in
the
32
action
are
stayed.
The
stay
remains
in
effect
until
the
33
conclusion
of
the
appeal.
34
4.
During
a
stay
under
subsection
1,
the
court
may
allow
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limited
discovery
if
a
party
shows
that
specific
information
is
1
necessary
to
establish
whether
a
party
has
satisfied
or
failed
2
to
satisfy
a
burden
under
section
659B.7,
subsection
1,
and
3
the
information
is
not
reasonably
available
unless
discovery
4
is
allowed.
5
5.
A
motion
under
section
659B.10
for
costs,
attorney
fees,
6
and
expenses
is
not
subject
to
a
stay
under
this
section.
7
6.
A
stay
under
this
section
does
not
affect
a
party’s
8
ability
to
voluntarily
dismiss
a
cause
of
action
or
part
of
a
9
cause
of
action
or
move
to
sever
a
cause
of
action.
10
7.
During
a
stay
under
this
section,
the
court
for
good
11
cause
may
hear
and
rule
on
all
of
the
following:
12
a.
A
motion
unrelated
to
the
motion
under
section
659B.3.
13
b.
A
motion
seeking
a
special
or
preliminary
injunction
to
14
protect
against
an
imminent
threat
to
public
health
or
safety.
15
Sec.
5.
NEW
SECTION
.
659B.5
Hearing.
16
1.
The
court
shall
hear
a
motion
under
section
659B.3
not
17
later
than
sixty
days
after
filing
of
the
motion,
unless
the
18
court
orders
a
later
hearing
for
any
of
the
following:
19
a.
To
allow
discovery
under
section
659B.4,
subsection
4.
20
b.
For
other
good
cause.
21
2.
If
the
court
orders
a
later
hearing
under
subsection
1,
22
paragraph
“a”
,
the
court
shall
hear
the
motion
under
section
23
659B.3
not
later
than
sixty
days
after
the
court
order
allowing
24
the
discovery,
unless
the
court
orders
a
later
hearing
under
25
subsection
1,
paragraph
“b”
.
26
Sec.
6.
NEW
SECTION
.
659B.6
Proof.
27
In
ruling
on
a
motion
under
section
659B.3,
the
court
shall
28
consider
the
pleadings,
the
motion,
any
reply
or
response
to
29
the
motion,
and
any
evidence
that
could
be
considered
in
ruling
30
on
a
motion
for
summary
judgment
under
rule
of
civil
procedure
31
1.981.
32
Sec.
7.
NEW
SECTION
.
659B.7
Dismissal
of
cause
of
action
33
in
whole
or
part.
34
1.
In
ruling
on
a
motion
under
section
659B.3,
the
court
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shall
dismiss
with
prejudice
a
cause
of
action,
or
part
of
a
1
cause
of
action,
if
any
of
the
following
are
true:
2
a.
The
responding
party
fails
to
establish
a
prima
facie
3
case
as
to
each
essential
element
of
the
cause
of
action.
4
b.
The
moving
party
establishes
that
any
of
the
following:
5
(1)
The
responding
party
failed
to
state
a
cause
of
action
6
upon
which
relief
can
be
granted.
7
(2)
There
is
no
genuine
issue
as
to
any
material
fact
and
8
the
moving
party
is
entitled
to
judgment
as
a
matter
of
law
on
9
the
action
or
part
of
an
action.
10
2.
A
voluntary
dismissal
without
prejudice
of
a
responding
11
party’s
cause
of
action,
or
part
of
a
cause
of
action,
that
is
12
the
subject
of
a
motion
under
section
659B.3
does
not
affect
a
13
moving
party’s
right
to
obtain
a
ruling
on
the
motion
and
seek
14
costs,
attorney
fees,
and
expenses
under
section
659B.10.
15
3.
A
voluntary
dismissal
with
prejudice
of
a
responding
16
party’s
cause
of
action,
or
part
of
a
cause
of
action,
that
is
17
the
subject
of
a
motion
under
section
659B.3
establishes
for
18
the
purpose
of
section
659B.10
that
the
moving
party
prevailed
19
on
the
motion.
20
Sec.
8.
NEW
SECTION
.
659B.8
Ruling.
21
The
court
shall
rule
on
a
motion
under
section
659B.3
not
22
later
than
sixty
days
after
a
hearing
under
section
659B.5.
23
Sec.
9.
NEW
SECTION
.
659B.9
Appeal.
24
A
moving
party
may
appeal
as
a
matter
of
right
from
an
order
25
denying,
in
whole
or
in
part,
a
motion
under
section
659B.3.
26
The
appeal
must
be
filed
not
later
than
thirty
days
after
entry
27
of
the
order.
28
Sec.
10.
NEW
SECTION
.
659B.10
Costs,
attorney
fees,
and
29
expenses.
30
On
a
motion
under
section
659B.3,
the
court
shall
award
court
31
costs,
reasonable
attorney
fees,
and
reasonable
litigation
32
expenses
related
to
the
motion
in
the
following
circumstances:
33
1.
To
the
moving
party
if
the
moving
party
prevails
on
the
34
motion.
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2.
To
the
responding
party
if
the
responding
party
prevails
1
on
the
motion
and
the
court
finds
that
the
motion
was
frivolous
2
or
filed
solely
with
intent
to
delay
the
proceeding.
3
EXPLANATION
4
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
5
the
explanation’s
substance
by
the
members
of
the
general
assembly.
6
This
bill
establishes
certain
privileges
for
communications
7
made
regarding
incidents
of
sexual
assault,
harassment,
or
8
discrimination
and
creates
a
special
motion
for
expedited
9
relief
in
those
actions
involving
defamation,
libel,
and
10
slander.
The
bill
provides
definitions.
11
The
bill
applies
to
a
cause
of
action
asserted
in
a
civil
12
action
against
a
person
involving
communications
about
sexual
13
assault,
harassment,
or
discrimination
are
not
actionable
14
under
Code
chapter
659
unless
made
with
malice.
The
bill
only
15
applies
to
a
person
that
has,
or
at
any
time
had,
a
reasonable
16
basis
to
file
a
complaint
of
sexual
abuse,
harassment,
or
17
discrimination,
whether
the
complaint
is,
or
was,
filed
or
not.
18
The
bill
provides
for
attorney
fees
and
damages
available
to
19
a
prevailing
defendant
in
any
action
brought
under
Code
chapter
20
659
(libel
and
slander)
against
that
defendant
for
making
that
21
communication.
The
bill
allows
a
defendant
in
an
action
of
22
such
privileged
communication
to
request
an
expedited
review.
23
The
bill
further
provides
for
a
prevailing
defendant
in
any
24
libel
or
slander
action
to
recover
(1)
reasonable
attorney
fees
25
and
costs,
(2)
noneconomic
damages,
(3)
punitive
damages,
and
26
(4)
any
other
relief
otherwise
permitted
by
law.
27
The
bill
provides
that
no
later
than
60
days
after
being
28
served
with
a
cause
of
action
to
which
the
bill
applies,
or
29
at
a
later
time
upon
showing
of
good
cause,
a
party
may
file
30
a
special
motion
for
expedited
relief
to
dismiss
the
cause
31
of
action
or
part
of
the
cause
of
action.
The
filing
of
32
the
special
motion
stays
all
other
proceedings
between
the
33
parties,
and
the
court
has
discretion
to
stay
a
proceeding
34
involving
another
party
if
the
hearing
or
ruling
on
motion
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would
adjudicate
an
issue
material
to
the
motion.
A
hearing
1
shall
be
held
no
later
than
60
days
after
filing
the
motion,
2
unless
the
court
orders
a
later
hearing
to
allow
discovery
3
or
for
good
cause.
A
stay
remains
in
effect
until
an
order
4
ruling
on
the
motion
is
entered
and
the
30-day
appeal
period
5
following
the
order
has
concluded.
During
a
stay,
the
court
6
may
allow
limited
discovery
if
a
party
shows
the
information
7
is
not
reasonably
available
and
that
specific
information
8
is
necessary
to
establish
whether
a
party
has
satisfied
the
9
party’s
burden
under
the
bill.
The
court
may
also,
for
good
10
cause,
hear
and
rule
on
motions
unrelated
to
the
special
motion
11
and
a
motion
seeking
an
injunction.
The
bill
provides
that
a
12
motion
for
costs,
attorney
fees,
and
expenses
is
not
subject
13
to
the
special
motion
for
expedited
relief
stay.
The
parties’
14
ability
to
voluntarily
dismiss
or
move
to
sever
is
not
affected
15
by
the
special
motion
for
expedited
relief
stay.
16
The
bill
provides
that
in
ruling
on
a
special
motion
for
17
expedited
relief,
the
court
shall
dismiss
with
prejudice
a
18
cause
of
action,
or
part
of
a
cause
of
action,
if
the
moving
19
party
establishes
that
either
the
responding
party
fails
to
20
establish
a
prima
facie
case
as
to
each
essential
element
of
21
the
cause
of
action
or
the
moving
party
establishes
that
the
22
responding
party
failed
to
state
a
cause
of
action
upon
which
23
relief
can
be
granted
or
there
is
no
genuine
issue
as
to
any
24
material
fact
and
the
moving
party
is
entitled
to
judgment
as
25
a
matter
of
law
on
the
cause
of
action
or
part
of
the
cause
of
26
action.
27
The
bill
provides
that
the
court
may
award
court
costs,
28
reasonable
attorney
fees,
and
reasonable
litigation
fees
29
relating
to
the
special
motion
to
the
prevailing
party.
30
-7-
LSB
1568XS
(3)
91
cm/jh
7/
7