If a student suffers direct or indirect harm as a result of a violation of § 13-67-1, that student has a private cause of action for injunctive, mandamus, and declaratory relief, against the accredited school, school district, activities association or organization, or institution of higher education under the control of either the Board of Regents or the Board of Technical Education that caused the harm.

If a student is subjected to retaliation or other adverse action by an accredited school, school district, activities association or organization, or institution of higher education as a result of reporting a violation of § 13-67-1 to an employee or representative of the school, school district, activities association or organization, institution of higher education, or to a state or federal governmental entity having oversight authority, that student has a private cause of action for injunctive, mandamus, and declaratory relief, against the school, school district, activities association or organization, or institution of higher education. In addition, no governmental entity may investigate a complaint or take any adverse action against an accredited school, school district, activities association or organization, or institution of higher education, or any employee or governing board member of the foregoing for compliance with § 13-67-1.

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Terms Used In South Dakota Codified Laws 13-67-2

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Oversight: Committee review of the activities of a Federal agency or program.

Source: SL 2022, ch 51, § 2.