MS Safe Dormitories Act; establish.

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To: Universities and
Colleges; Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Hobgood-Wilkes

HOUSE BILL NO. 1200

AN ACT TO ESTABLISH THE "MISSISSIPPI SAFE DORMS ACT"; TO 1
DECLARE LEGISLATIVE FINDINGS REGARDING STUDENT SAFETY AT STATE 2
INSTITUTIONS OF HIGHER LEARNING; TO DEFINE RELEVANT TERMS; TO 3
PROHIBIT STUDENTS REGISTERED UNDER THE SEX OFFENDER REGISTRATION 4
LAWS FROM RESIDING IN ON-CAMPUS HOUSING; TO PROHIBIT EMPLOYEES OF 5
STATE INSTITUTIONS OF HIGHER LEARNING FROM ENTERING INTO 6
CONSENSUAL RELATIONSHIPS WITH STUDENTS OVER WHOM THEY HAVE 7
AUTHORITY; TO REQUIRE STATE INSTITUTIONS OF HIGHER LEARNING TO 8
PROVIDE SINGLE-SEX LIVING FACILITIES AND REQUIRE FIRST-YEAR 9
STUDENTS TO RESIDE IN SUCH FACILITIES; TO ESTABLISH EXCEPTIONS FOR 10
CERTAIN PERSONS ENTERING SINGLE-SEX FACILITIES; TO REQUIRE 11
INSTITUTIONS TO DEVELOP MATERIALS AND PROCEDURES TO EDUCATE 12
STUDENTS AND STAFF ABOUT POLICIES TO REDUCE SEXUAL ASSAULT RISKS; 13
TO AUTHORIZE STUDENTS AGGRIEVED BY VIOLATIONS OF THIS ACT TO FILE 14
CIVIL ACTIONS FOR RELIEF AND DAMAGES; TO SPECIFY A ONE-YEAR 15
LIMITATION PERIOD FOR FILING SUCH SUITS; TO WAIVE IMMUNITY FOR 16
STATE INSTITUTIONS OF HIGHER LEARNING THAT VIOLATE THIS ACT; TO 17
PROVIDE FOR THE SEVERABILITY OF THIS ACT; AND FOR RELATED 18
PURPOSES. 19
WHEREAS, the Legislature is committed to upholding the 20
highest standards of safety and health for students attending our 21
state institutions of higher learning; and 22
WHEREAS the Equal Opportunity in Education Act (Title IX), 20 23
USCS Section 1986, states that "nothing contained herein shall be 24
construed to prohibit any educational institution receiving funds 25
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under this Act, from maintaining separate living facilities for 26
the different sexes"; and 27
WHEREAS, the Fair Housing Act (Title XIII of the Civil Rights 28
Act of 1968), 42 USCS Section 45, makes it unlawful "to 29
discriminate against any person in the terms, conditions, or 30
privileges of sale or rental of a dwelling, or in the provision of 31
services or facilities in connection therewith, because of race, 32
color, religion, sex, familial status, or national origin"; and 33
WHEREAS, documented sexual assaults and rapes occur on 34
Mississippi's public university and college campuses that have the 35
"open bedroom" policy of allowing members of the opposite sex in 36
single-sex dorms; and 37
WHEREAS, visitation hours for members of the opposite sex 38
often exceed more than twelve (12) hours a day (for example, from 39
10 a.m. to 2 a.m.); and 40
WHEREAS, as cited by multiple Annual Security and Fire Safety 41
Reports, as required under the Clery Act, 20 USCS Section 1092(f), 42
sexual assaults and rapes have occurred at state institutions of 43
higher learning, the most recent data showing: 44
(a) Twenty-nine (29) sexual assaults occurred at 45
Mississippi State University between 2022 and 2024; 46
(b) Thirty-eight (38) sexual assaults occurred at the 47
University of Mississippi between 2022 and 2024; 48
(c) Thirteen (13) sexual assaults occurred at Alcorn 49
State University between 2022 and 2024; 50
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(d) Four (4) sexual assaults occurred at the University 51
of Southern Mississippi between 2022 and 2024; and 52
(e) Three (3) sexual assaults occurred at Jackson State 53
University between 2022 and 2024; and 54
WHEREAS, according to research by professor of law Andrea 55
Curcio: "Failure to alert students [as] to where they are at 56
greatest risk for an on-campus acquaintance sexual assault 57
illustrates a long-standing, and ongoing, institutional failure by 58
many schools to deal forthrightly with a problem they know, or 59
should know, exists. … [and that] ignoring where sexual assaults 60
occur means that many schools are not studying whether dorm-based 61
interventions can reduce acquaintance assault risks"; and 62
WHEREAS, campus reports collected under the Clery Act show 63
that 82% of all campus rapes occurred in on-campus residential 64
housing; and 65
WHEREAS, a 10-year study by the Massachusetts Executive 66
Office of Public Safety and Security found similar results, 67
showing: "The greatest number of campus rapes and sexual assaults 68
occurred in a dormitory (81%), followed next by a house/apartment 69
(9%) and then at a fraternity (4%)"; and 70
WHEREAS, a 2003 meta-analysis (Ilies et al., p. 622) found 71
that academia (58%) is second only to the military (69%) in the 72
incidence rate of work-related sexual harassment. 73
WHEREAS, it is the intent of the Legislature through this 74
act, and any regulations and policies promulgated hereunder, to 75
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protect the safety and health of students at state institutions of 76
higher learning by requiring that public universities and colleges 77
employ policies that minimize the incidence of sexual assault in 78
dorms, classrooms and on campus; NOW, THEREFORE, 79
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 80
SECTION 1. The title of this chapter shall be known and may 81
be cited as the "Mississippi Safe Dorms Act." 82
SECTION 2. For purposes of this act, these following terms 83
shall have the meanings ascribed herein, unless context of use 84
clearly requires otherwise: 85
(a) "Student" means any person enrolled on a full-time 86
or part-time basis in a state institution of higher learning. 87
(b) "State institution of higher learning" means any 88
public technical institute, public junior college, public senior 89
college or university, law school, medical or dental school, 90
public state college, or other agency of higher education. 91
(c) "Living facility" means a structure or part of a 92
structure owned, managed by, or under the authority of a state 93
institution of higher learning that is used as a residence or 94
sleeping place by one or more students. 95
(d) "Guest" is a person or student not assigned to 96
reside in the living facility owned, managed by, or under the 97
authority of the state institution of higher learning. 98
SECTION 3. A student subject to the registration 99
requirements under Section 45-33-21 through 45-33-63 may not 100
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reside in a living facility owned, managed by or under the 101
authority of a state institution of higher learning. 102
SECTION 4. No employee of a state institution of higher 103
learning shall enter into a consensual sexual, romantic or 104
intimate social or personal relationship with a student over whom 105
he or she exercises, has exercised or may exercise in the future, 106
direct or otherwise significant academic, administrative, 107
supervisory, evaluative, counseling or extracurricular authority 108
or influence. 109
SECTION 5. (1) State institutions of higher learning shall: 110
(a) Provide every student the choice of residing in a 111
single-sex living facility in which members of the opposite 112
biological sex are not allowed as guests or visitors and are not 113
allowed entry at any time, except in a designated public visiting 114
room in the living facility; and 115
(b) Require all first-year students, who are not 116
married and under the age of twenty-one (21), to reside in a 117
single-sex living facility in which members of the opposite 118
biological sex are not allowed as guests or visitors and are not 119
allowed entry at any time, except in a designated public visiting 120
room in the living facility. 121
(2) This chapter shall not apply to: 122
(a) State institutions of higher learning employees, 123
including members of campus security, engaged in the exercise of 124
their normal duties; 125
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(b) A firefighter, law enforcement officer, or any 126
emergency medical personnel acting within the scope and duty of 127
their office; or 128
(c) The direct family members or grandparents of 129
students during select hours or events and activities, such as 130
moving in or out of the residence, subject to the policies 131
determined by each state institution of higher learning. 132
SECTION 6. State institutions of higher learning shall 133
develop materials, programs and procedures to ensure that 134
students, administrators, campus police officers, residence life 135
officials, and professors, understand the policies, regulations 136
and duties of state institutions of higher learning regarding the 137
policies set forth herein, including any data that demonstrates a 138
reduced incidence of sexual assault in single-sex living 139
facilities that do not allow guests of the opposite biological 140
sex. 141
SECTION 7. (1) Any student aggrieved by a violation of this 142
act may bring a civil action against the state institution of 143
higher learning and its employees acting in their official 144
capacities, responsible for violation of this chapter, as 145
determined by a preponderance of the evidence, and seek 146
appropriate relief, including, but not limited to, injunctive 147
relief, monetary damages, reasonable attorneys' fees and court 148
costs. If a court should find a violation of this act, it shall 149
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issue an award of at least Ten Thousand Dollars ($10,000.00) per 150
violation. 151
(2) Any student aggrieved by a violation of this act may 152
assert such violation as a defense or counter claim in any 153
disciplinary action or in any civil or administrative proceedings 154
brought against such student. Nothing in this section shall be 155
interpreted to limit any other remedies available to any student. 156
SECTION 8. A student shall be required to bring suit for 157
violation of this section not later than one (1) year after the 158
day the cause of action accrues. For purposes of calculating the 159
one-year limitation period, each day that the violation persists, 160
and each day that a policy in violation of this section remains in 161
effect, shall constitute a new day that the cause of action has 162
accrued. 163
SECTION 9. A state institution of higher learning that 164
violates this act is not immune from suit or liability for the 165
violation. 166
SECTION 10. Any provision of this act held to be invalid or 167
unenforceable by its terms, or as applied to any person or 168
circumstance, shall be construed so as to give it the maximum 169
effect permitted by law, unless such holding shall be one of utter 170
invalidity or unenforceability, in which event such provision 171
shall be deemed severable and shall not affect the remainder 172
hereof or the application of such provision to other persons not 173
similarly situated or to other, dissimilar circumstances. 174
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ST: MS Safe Dormitories Act; establish.
SECTION 11. This act shall take effect and be in force from 175
and after its passage. 176