Bill Text: HI SB3119 | 2016 | Regular Session | Introduced

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Bill Title: Affirmative Consent Task Force; Campus Safety; Sexual Assault

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-29 - Referred to HEA, JDL. [SB3119 Detail]

Download: Hawaii-2016-SB3119-Introduced.html

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THE SENATE	S.B. NO.	3119
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to campus safety and accountability.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that the affirmative consent task force, established by Act 222, Session Laws of Hawaii 2015, reviewed and made preliminary recommendations on the University of Hawaii executive policy regarding sexual harassment, sexual assault, domestic violence, dating violence, and stalking adopted by the board of regents in February 2015.  The legislature finds that this is a matter of statewide concern.

     The purpose of this Act is to adopt the preliminary recommendations of the affirmative consent task force.

     SECTION 2.  Chapter 304A, Hawaii Revised Statutes, is amended by adding a new section to subpart A of part I to be appropriately designated and to read as follows:

     "§304A-     Campus safety and accountability.  (a)  The University of Hawaii shall adopt policies and procedures:

     (1)  Requiring training for all University of Hawaii students and employees, including security personnel, Title IX coordinators, and residential advisors, on:

         (A)  Public Law 92-318, Title IX of the federal Education Amendments of 1972, as amended;

         (B)  The Violence Against Women Act of 1994, as amended; and

         (C)  University of Hawaii executive policies on sexual harassment, sexual assault, domestic violence, dating violence, and stalking;

     (2)  Requiring that all existing University of Hawaii employees receive the training described in paragraph (1) by December 31, 2016, and every two years thereafter;

     (3)  Requiring that all new University of Hawaii employees receive the training in paragraph (1) no later than thirty days after the date of first employment;

     (4)  Requiring that students receive the training described in paragraph (1) annually;

     (5)  Requiring that any student who does not complete the training described in paragraph (1) as required by paragraph (4) shall be prohibited from registering for classes the next semester or from graduating;

     (6)  Requiring each campus of the University of Hawaii system to designate a confidential advocate for students to confidentially discuss incidents of, and obtain information on, sexual harassment, sexual assault, domestic violence, dating violence, stalking, and related issues;

     (7)  Requiring that the name, location, phone number, and email address of the confidential advocate be publicized on the respective campus website;

     (8)  Requiring all faculty members to be "responsible employees" under Public Law 92-318, Title IX of the federal Education Amendments of 1972, as amended, with mandated reporting to the Title IX coordinator of any violations of University of Hawaii policies regarding sexual harassment, sexual assault, domestic violence, dating violence, and stalking;

     (9)  Prohibiting any romantic relationship between a:

         (A)  Student and a faculty member;

         (B)  Graduate student assistant and a faculty member; and

         (C)  Graduate student assistant and a staff member;

    (10)  Providing protection from disciplinary action to a student that reports an incident of sexual assault, including incidents where the student reporting is under the age of twenty-one and has consumed alcohol; and

    (11)  Requiring that all reported sexual assault cases be reported to the county police department for investigation.

     (b)  Starting no later than December 31, 2016, the University of Hawaii shall conduct a campus climate survey of all students every two years.  The University of Hawaii shall submit a report to the legislature no later than twenty days before the convening of each regular session that shall include:

     (1)  A summary of the most recent campus climate survey results;

     (2)  Information on the number of sexual assaults that occurred on a University of Hawaii system campus within the past five years; and

     (3)  Recommendations and efforts to improve campus safety and accountability."

     SECTION 3.  (a)  No later than December 31, 2016, the University of Hawaii shall revise, as necessary, all University of Hawaii policies regarding:

     (1)  Student conduct;

     (2)  Nondiscrimination;

     (3)  Complaint procedures;

     (4)  Campus security;

     (5)  Alcohol consumption;

     (6)  Housing; and

     (7)  Workplace non-violence,

that conflict with any University of Hawaii policy regarding sexual harassment, sexual assault, domestic violence, dating violence, and stalking, including University of Hawaii executive policy number 1.204.

     (b)  The University of Hawaii shall enter into memoranda of understanding with all county police departments by December 31, 2016, to govern communications and procedures for addressing sexual assaults that occur on University of Hawaii system campuses.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Affirmative Consent Task Force; Campus Safety; Sexual Assault

 

Description:

Requires the UH to adopt policies preliminarily recommended by the affirmative consent task force.

 

 

 

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