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Louisiana Gov. Bobby Jindal, R-La., speaks at the 2014 Values Voter Summit in Washington, Friday, Sept. 26, 2014. On Monday, Jindal issued an
executive order aimed at better protecting Louisiana's sexual assault victims. (AP Photo/Manuel Balce Ceneta) (AP Photo/Manuel Balce Ceneta)
By Rebecca Catalanello, NOLA.com | The Times-Picayune
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on October 20, 2014 at 6:44 PM, updated October 21, 2014 at 6:29 AM
Gov. Bobby Jindal issued an executive order Monday evening (Oct. 20.) demanding the Louisiana Board of Regents and the Crime
Victims Reparations Board take immediate steps to better protect victims of sexual assault.
"Sexual assault is a heinous crime that causes a tremendous amount of suffering and we want to do everything we can to protect the
victims of these terrible acts," said Jindal spokesperson Shannon Bates. "We should not be victimizing people twice with hefty bills or
uncomfortable investigations."
Jindal's order came just hours after the conclusion of an often tense hearing between state lawmakers, university leaders, state
health officials, the agency that oversees the Crime Victims Reparations Fund regarding campus rape and billing of sexual assault
victims.
It requires that the Crime Victims Reparations Board, overseen by the Louisiana Commission on Law Enforcement, "immediately
revise" its rules regarding the eligibility of sexual assault victims to receive compensation for the expenses they incur in the process of
undergoing a forensic medical exam, including tests for pregnancy and HIV.
Victims, the order says, should no longer be excluded from compensation based on how they are dressed, where they were prior to the
assault, when the assault occurred, whether they were under the influence of alcohol and whether they had a prior relationship with the
victim.
Additionally, it instructs the Board of Regents, which oversees the state's post-secondary institutions, to "coordinate uniform policies and
best practices" among state's colleges and universities pertaining to reporting of campus sexual assaults and prevention and treatment
following those crimes.
The measures are stop-gap changes that can take place prior to legislative session in April, when lawmakers and the Department of
Health and Hospitals say they plan to make more drastic legal reforms.
During Monday's hearing, Uma Subramanian, deputy commissioner for legal and external affairs, told the Senate Select Committee on
Women and Children that it could take her agency three to six months to establish a uniform policy in concert with the state's colleges
and universities.
But Sen. Karen Carter Peterson, who called the meeting in her capacity as chairperson of the Senate Select Committee on Women
and Children, asked for more urgency.
Bates said the governor's staff took notes during the meeting and determined afterward that it was important to issue clear directives
to these two state agencies.
"The bottom line is we want to fix this," Bates said. "We want to make sure we put every piece of guidance out there so that they know
what their assignment is."
Jindal issues executive order aimed at providing better protection for rape
victims
what their assignment is."
Bob Wertz, who oversees the Crime Victims Reparations Fund at the Louisiana Commission on Law Enforcement, said the items in the
executive order appear to come from feedback he gave the governor's office last week about potential short-term remedies that
don't require legislation. He said that he expects his board will have to schedule an emergency meeting to consider the rule changes.
"It does add some momentum and some urgency to it," Wertz said of the order. "I now have something to back me up when I go back
and talk to the board."
Other provisions of the order pertaining to the Crime Victims Reparations Board require:
* That the board no longer require victims of sexual assaults to use the fund as a last resort after billing insurance or Medicaid. Instead,
the decision about whether or not to file for charges should reside with the victim.
* That agency review the eligibility of using non-governmental organizations as a partners to enable hospitals to use federal STOP grant
funds, available through the Violence Against Women Act, to help reimburse hospitals directly.
State Rep. Helena Moreno, D-New Orleans, has been working on the issue since she first read news in NOLA.com | The Times-
Picayune last month that rape victims were being billed by hospitals for their forensic medical exams and related services. She
also participated in Monday's meeting and said she felt exasperated at times with the agency leaders lack of urgency.
"I think it's a great action by the governor," Moreno said. "I'm sure his staff heard the same things that we heard today. The executive
order says, 'Ok, set the standard... Change the rules.' It's kind of sets the wheels in motion much faster than some of the conversations
that we were hearing coming out of that hearing."
Peterson said word of the executive order made her proud of the work Moreno and state Sen. J.P. Morrell, D-New Orleans, have
brought to issues facing sexual assault victims in Louisiana.
Morrell in July directed the Board of Regents to conduct an investigation in sexual assault and rape at the state's public higher education
institutions. The report revealed inconsistencies in the way colleges and universities, handle, treat and report sexual assaults.
"We have to be pleased that there is action," Peterson said, "and that action is the result of pure civic engagement of everyday citizens."
Ebony Tucker, executive director of the Louisiana Foundation Against Sexual Assault, said she was grateful for the governor's swift
action on these matters. But she cautioned against any plan that would use STOP grant funds to directly pay for rape exams. The state
has received $17.5 million in STOP money since 2005.
Currently, the STOP funds are doled out by the Louisiana Commission on Law Enforcement to a host of governmental and nonprofit
agencies, including LAFASA, to help care for victims of sexual assault and domestic violence.
"In a state where we don't receive state funding for sex assault services," Tucker said, "this federal funding is where we receive our
victim services money."
She said that as state leaders continue to explore solutions, they need to think about finding a permanent means of supporting sexual
assault victims at every level without taking away from the good services they already receive through advocacy organizations.
Here is the full order, sent out at 6:30 p.m. Check back with NOLA.com | The Times-Picayune as we update the story with more
information:
EXECUTIVE ORDER NO. BJ 2014 14
UNIFORMITY OF POLICIES RELATED TO THE CRIME OF SEXUAL ASSAULT
WHEREAS, Article I, Section 1 of the Louisiana Constitution is titled "Origin and Purpose of Government", and provides
"All government, of right, originates with the people, is founded on their will alone, and is instituted to protect the rights of the
individual and for the good of the whole. Its only legitimate ends are to secure justice for all, preserve peace, protect the rights, and
promote the happiness and general welfare of the people. The rights enumerated in this Article are inalienable by the state and shall
be preserved inviolate by the state.";
WHEREAS, Article IV, Section 5 establishes the governor as the chief executive officer of the State and charged with the duty to
faithfully support the constitution and laws of the State and see that the laws are faithfully executed;
WHEREAS, sexual assault is a horrendous crime that creates physical and emotional damage to victims, for which special measures
must be taken by every public officer and agency in this state in order to bring the perpetrators to justice and assist the victims in their
recovery;
WHEREAS, within the executive branch, Article VIII, Section 5 creates the Board of Regents with responsibilities to plan, coordinate,
and have budgetary responsibilities for all public postsecondary education institutions;
WHEREAS, public postsecondary education institutions under the Board of Regents in this state have separately implemented
measures to address the reporting of sexual assault on their campuses, and the prevention of such crimes;
WHEREAS, these separate measures implemented by the individual public postsecondary education institutions, while well-
intentioned, are in some cases outdated and create a fractured approach to this critical issue that would benefit from a statewide
uniformity of best practices that can be provided by the Board of Regents exercising its constitutional authority to coordinate among
these institutions;
WHEREAS, the Crime Victims Reparations Board, created in statute under the jurisdiction of the Louisiana Commission on Law
Enforcement and Administration of Criminal Justice, is responsible for assisting victims of crime with the financial losses caused by the
crime, and is charged with administering this vital program in accordance with law and the administrative rules which it has
promulgated;
WHEREAS, reports indicate the existence of discrepancies between the enabling statutes of the Crime Victims Reparations Board and
the rules it has promulgated, and that such discrepancies should be identified and eliminated immediately;
WHEREAS, reports indicate that, in some parts of this state, victims of sexual assault are requested or required to submit to polygraph
examination as part of the law enforcement investigation of the crime;
WHEREAS, La. R.S. 15:241 plainly prohibits such a request or requirement, and states "No law enforcement officer, prosecutor, or
other governmental official shall request or require any victim, regardless of age, of an alleged sex offense as defined in R.S. 15:541 to
submit to a polygraph examination or other device used to measure the truthfulness of the victim as a condition of proceeding with
the investigation of the offense.";
WHEREAS, it is the goal of this administration that a victim of sexual assault not be billed for the financial cost of forensic or other
testing incident to the crime whether the victim reports the crime to law enforcement or not, that such bills be sent for payment directly
to the Crime Victims Reparations Board, and that this outcome will require a change in statutory law;
WHEREAS, it is incumbent upon the public officers and agencies, with a role to play in bringing the perpetrators to justice and assisting
the victims in their recovery, to coordinate their efforts to ensure that this vital issue is addressed immediately.
NOW THEREFORE, I, BOBBY JINDAL, Governor of the State of Louisiana, by virtue of the authority vested by the Constitution
and laws of the State of Louisiana, do hereby order and direct as follows:
SECTION 1: The Board of Regents shall coordinate uniform policies and best practices among the public postsecondary education
institutions to implement measures to address the reporting of sexual assault on their campuses, the prevention of such crimes, and the
medical and mental health care needed for these victims;
SECTION 2: A. The Crime Victims Reparations Board is directed to immediately revise such administrative rules, policies and
practices under R.S. 46: 1809 as they pertain to victims of sexual assault that take into account prior behavior of the victim at the time
of the crime giving rise to the claim was such that the victim bears some measure of responsibility for the crime that caused the physical
injury, death, or catastrophic property loss or for the physical injury, death, or catastrophic property loss to eliminate any such that
contain determinations made based on any of the following:
1. The manner in which the victim was dressed at the time of the assault;
2. Where the victim was prior to the sexual assault;
3. The time of the sexual assault;
4. Whether the victim was or may have been under the influence of alcohol or drugs;
5. Whether the victim had a previous sexual relationship with the offender;
6. Whether the victim was married to the offender;
7. Whether the victim was dating the offender;
8. Whether the victim consented to prior sexual activity with the offender;
9. The occupation of the victim;
10. Whether the victim has a history of prior sexual assaults;
11. Whether the victim has a criminal record;
Lawmakers target commission's role in overseeing state's compliance with federal rape laws
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12. Whether the victim consented to the sexual act if the victim is below the age of consent mentally defective, mentally incapacitated or
physically helpless;
13. Whether the victim continued to live with the offender after the assault; and
14. Whether the victim has a familial relationship to the offender.
B. The Crime Victims Reparations Board is further directed to review and evaluate the eligibility of non-governmental organizations to
serve as a partner or as a sub-grantee of the federal STOP grant program or other federal grant programs within its purview, in order to
reimburse hospitals for victim services and offset programmatic costs.
C. The Crime Victims Reparations Board is further directed to immediately revise such administrative rules, policies and practices
under R.S. 46:1809 as they pertain to victims of sexual assault that take into account the extent that the pecuniary loss is recouped from
collateral or other sources to clarify that the victim has the discretion to choose whether or not to file for private insurance or Medicaid
coverage of associated charges.
SECTION 3: All departments, budget units, agencies, offices, entities, and officers of the executive branch of the State of Louisiana are
authorized and directed to cooperate in the implementation of the provisions of this Order.
SECTION 4: Nothing in this Order shall be applied in a manner which violates, or is contrary to, the Fair Labor Standards Act (FLSA),
the Family and Medical Leave Act (FMLA), the Health Insurance Portability and Accountability Act (HIPAA), or any other applicable
federal or state law, rule, or regulation.
SECTION 5: The Order is effective October 20, 2014 and shall remain in effect modified, terminated, or rescinded by the Governor, or
terminated by operation of law.
IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of Louisiana, at the Capitol, in the City
of Baton Rouge, on this 20th day of October, 2014.
/s/ Bobby Jindal_____________
GOVERNOR OF LOUISIANA
ATTEST BY
THE GOVERNOR
/s/ Tom Schedler_________
SECRETARY OF STATE
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