Discipline prohibited for reporting party or witness; exceptions. (1)(a) A reporting party or a witness who requests an investigation of sexual misconduct may not be subjected to a disciplinary proceeding or sanction for violating the institution of higher education’s student conduct policy related to drug or alcohol use, trespassing or unauthorized entry of school facilities or other violations of a school policy or code of conduct that is discovered in connection with the alleged sexual misconduct unless the institution determines that the report was not made in good faith or that the violation of the policy was an egregious violation

(b) As used in this subsection, an “egregious violation” includes but is not limited to taking an action that places the health and safety of another individual at risk.

(2) If the code of conduct of an institution of higher education prohibits sexual activity or certain forms of sexual activity, including but not limited to same-gender relationships or sexual activity, the institution may not take disciplinary action against:

(a) Individuals who report sexual misconduct or nonharassing sexual activity related to sexual misconduct that is discovered during an investigation into reported sexual misconduct; or

(b) Other nonharassing sexual activity that is discovered during an investigation into an allegation of sexual misconduct.

(3) In any instance in which disciplinary action is taken against an individual who has reported sexual misconduct, the institution of higher education shall review the disciplinary action to determine if there is a link between the disclosed sexual misconduct and the misconduct that led to the reporting party’s being disciplined. [2023 c.550 §8]