Mississippi Safe Dormitories Act; enact.

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To: Universities and
Colleges
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Hill

SENATE BILL NO. 2345

AN ACT TO ENACT THE MISSISSIPPI SAFE DORMITORIES ACT; TO 1
PRESENT LEGISLATIVE FINDINGS; TO DEFINE TERMS; TO PROHIBIT CERTAIN 2
STUDENTS FROM RESIDING IN A LIVING FACILITY OWNED, MANAGED BY OR 3
UNDER THE AUTHORITY OF A STATE INSTITUTION OF HIGHER LEARNING; TO 4
PROHIBIT EMPLOYEES OF A STATE INSTITUTION FROM ENTERING INTO 5
ROMANTIC, SEXUAL OR INTIMATE RELATIONSHIPS WITH CERTAIN STUDENTS; 6
TO STIPULATE CERTAIN GUIDELINES CONCERNING ON-CAMPUS LIVING; TO 7
REQUIRE STATE INSTITUTIONS TO PROVIDE CERTAIN INFORMATION ABOUT 8
INSTITUTIONAL POLICIES TO INTERESTED PARTIES; TO CREATE A CIVIL 9
ACTION AND MONETARY PENALTY FOR VIOLATIONS OF THIS ACT; TO CREATE 10
A STATUTE OF LIMITATIONS FOR VIOLATIONS OF THIS ACT; TO PROVIDE 11
THAT STATE INSTITUTIONS OF HIGHER LEARNING ARE NOT IMMUNE FROM 12
SUIT OR LIABILITY UNDER THIS ACT; AND FOR RELATED PURPOSES. 13
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 14
SECTION 1. The title of this chapter shall be known and may 15
be cited as the "Mississippi Safe Dormitories Act." 16
SECTION 2. (1) The Legislature finds that: 17
(a) The Legislature is committed to upholding the 18
highest standards of safety and health for students attending our 19
state institutions of higher learning; 20
(b) The Equal Opportunity in Education Act, 20 USC § 21
1986, states that "nothing contained herein shall be construed to 22
prohibit any educational institution receiving funds under this 23
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act, from maintaining separate living facilities for the different 24
sexes"; 25
(c) The Fair Housing Act, 42 USC § 45, makes it 26
unlawful "to discriminate against any person in the terms, 27
conditions, or privileges of sale or rental of a dwelling, or in 28
the provision of services or facilities in connection therewith, 29
because of race, color, religion, sex, familial status, or 30
national origin"; 31
(d) Documented sexual assaults and rapes occur on 32
Mississippi's public university and college campuses that have the 33
"open bedroom" policy of allowing members of the opposite sex in 34
single-sex dorms; 35
(e) Visitation hours for members of the opposite sex 36
often exceed more than twelve (12) hours a day; 37
(f) As cited by multiple Annual Security and Fire 38
Safety Reports, as required under the Clery Act, 20 USC § 1092(f), 39
sexual assaults and rapes have occurred at state institutions of 40
higher learning, the most recent data showing that between 2022 41
and 2024, at least: 42
(i) Twenty-nine (29) rapes occurred at Mississippi 43
State University; 44
(ii) Thirty-eight (38) rapes occurred at the 45
University of Mississippi, twenty-three (23) of these in 46
dormitories; 47
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(iii) Thirteen (13) rapes occurred at Alcorn State 48
University, five (5) of these in dormitories; 49
(iv) Four (4) rapes occurred at the University of 50
Southern Mississippi, four (4) of these in dormitories; and 51
(v) Three (3) rapes occurred at Jackson State 52
University, one (1) of these in a dormitory; 53
(g) According to research by professor of law Andrea 54
Curcio, "Failure to alert students [as] to where they are at 55
greatest risk for an on-campus acquaintance sexual assault 56
illustrates a long-standing, and ongoing, institutional failure by 57
many schools to deal forthrightly with a problem they know, or 58
should know, exists ... [and that] ignoring where sexual assaults 59
occur means that many schools are not studying whether dorm-based 60
interventions can reduce acquaintance assault risks"; 61
(h) Campus reports collected under the Clery Act show 62
that eighty-two percent (82%) of all campus rapes occurred in 63
on-campus residential housing; 64
(i) A ten-year study by the Massachusetts Executive 65
Office of Public Safety and Security found similar results, 66
showing: "The greatest number of campus rapes and sexual assaults 67
occurred in a dormitory [at eighty-one percent (81%)], followed 68
next by a house/apartment [at nine percent (9%)] and then at a 69
fraternity [at four percent (4%)]"; 70
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(j) Ninety percent (90%) of sexual assault victims on 71
college campuses do not report the assault, according to the 72
National Sexual Violence Resource Center; and 73
(k) A 2003 meta-analysis found that academia at 74
fifty-eight percent (58%) is second only to the military at 75
sixty-nine percent (69%) in the incidence rate of work-related 76
sexual harassment. 77
(2) Therefore, it is the intent of the Legislature through 78
this act, and any regulations and policies promulgated hereunder, 79
to protect the safety and health of students at state institutions 80
of higher learning by requiring that public universities and 81
colleges employ policies that minimize the incidence of sexual 82
assault in dorms, classrooms and on campus. 83
SECTION 3. For the purposes of this act, the following words 84
shall have the meanings ascribed herein unless context clearly 85
requires otherwise: 86
(a) "Student" means any person enrolled on a full-time 87
or part-time basis in a state institution of higher learning. 88
(b) "State institution of higher learning" means any 89
public technical institute, public junior or community college, 90
public senior college or university, law school, medical or dental 91
school, public state college or other agency of higher education. 92
(c) "Living facility" means a structure or part of a 93
structure owned, managed by or under the authority of a state 94
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institution of higher learning that is used as a residence or 95
sleeping place by one or more students. 96
(d) "Guest" means a person or student not assigned to 97
reside in the living facility owned, managed by or under the 98
authority of the state institution of higher learning. 99
SECTION 4. A student subject to the registration 100
requirements in Sections 45-33-21 through 45-33-63 may not reside 101
in a living facility owned, managed by or under the authority of a 102
state institution of higher learning. 103
SECTION 5. No employee of a state institution of higher 104
learning shall enter into a consensual sexual, romantic, and/or 105
intimate social or personal relationship with a student over whom 106
he or she exercises, has exercised or may exercise in the future, 107
direct or otherwise significant academic, administrative, 108
supervisory, evaluative, counseling, or extracurricular authority 109
or influence. 110
SECTION 6. (1) State institutions of higher learning shall 111
provide every student who lives on campus a single-sex living 112
facility in which members of the opposite biological sex are not 113
allowed as guests or visitors and are not allowed entry at any 114
time, except in a designated public visiting room in the living 115
facility. 116
(2) State institutions of higher learning shall require all 117
first-year students, who are not married and under the age of 118
twenty-one (21), to reside in a single-sex living facility in 119
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which members of the opposite biological sex are not allowed as 120
guests or visitors and are not allowed entry at any time, except 121
in a designated public visiting room in the living facility. 122
(3) This chapter shall not apply to state institution of 123
higher learning employees, including members of campus security, 124
engaged in the exercise of their normal duties. 125
(4) This chapter shall not apply to a firefighter, law 126
enforcement officer, or any emergency medical personnel acting 127
within the scope and duty of their office. 128
(5) This chapter shall not apply to the direct family 129
members or grandparents of students during select hours or events 130
and activities, such as moving in or out of the residence, subject 131
to the policies determined by each state institution of higher 132
learning. 133
SECTION 7. State institutions of higher learning shall 134
develop materials, programs and procedures to ensure that 135
students, administrators, campus police officers, residence life 136
officials, and professors understand the policies, regulations and 137
duties of state institutions of higher learning regarding the 138
policies set forth in this act, including any data that 139
demonstrates a reduced incidence of sexual assault in single-sex 140
living facilities that do not allow guests of the opposite 141
biological sex. 142
SECTION 8. Any student aggrieved by a violation of this act 143
may bring a civil action against the state institution of higher 144
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learning and its employees acting in their official capacities who 145
are responsible for violation of this chapter as determined by a 146
preponderance of the evidence and seek appropriate relief, 147
including, but not limited to, injunctive relief, monetary 148
damages, reasonable attorneys' fees and court costs. If a court 149
should find a violation of this act, it shall issue an award of at 150
least Ten Thousand Dollars ($10,000.00) per violation. Any 151
student aggrieved by a violation of this act may assert such 152
violation as a defense or counter claim in any disciplinary action 153
or in any civil or administrative proceedings brought against such 154
student. Nothing in this section shall be interpreted to limit 155
any other remedies available to any student. 156
SECTION 9. 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 10. A state institution of higher learning that 164
violates this act is not immune from suit or liability for the 165
violation. 166
SECTION 11. If any provision of this act or any application 167
of such provision to any person or circumstance is held to be 168
unconstitutional, the remainder of this act and the application of 169
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ST: Mississippi Safe Dormitories Act; enact.
the provision to any other person or circumstance shall not be 170
affected. 171
SECTION 12. This act shall take effect and be in force from 172
and after its passage. 173