TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO AFFIRMATIVE CONSENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in education programs and activities that receive any federal funds. In 2002, Congress renamed Title IX the Patsy Takemoto Mink Equal Opportunity in Education Act in recognition of the late United States Representative Patsy Mink's tireless efforts to develop and pass Title IX.
The Violence Against Women Act is aimed at ending violence against women and girls and remedying laws and social practices that, in the past, have fostered and justified violence against women and girls. There has been increasing media attention surrounding allegations of sexual misconduct on college campuses focusing on universities' perceived "deliberate indifference" and lack of institutional response to a growing number of incidents and allegations of sexual violence and sexual harassment.
The University of Hawaii is committed to maintaining and promoting safe, respectful campus environments that are free from discrimination, harassment, and sexual violence. The University of Hawaii prohibits and does not tolerate sexual harassment, sexual assault, domestic violence, dating violence, and stalking. The University of Hawaii board of regents currently has an executive policy in place concerning incidents of sexual assault, domestic violence, dating violence, and stalking that are subject to the data collection requirements of the federal Higher Education Act of 1965, 20 United States Code section 1092(f), and involve a student, faculty member, or staff member, whether on or off campus. The University of Hawaii board of regents understands and appreciates the need for a review of all of its policies, including the executive policy on sexual assault and sexual harassment.
The purpose of this Act is to provide for a review of this policy.
SECTION 2. (a) There is established the affirmative consent task force to review and make recommendations on the University of Hawaii's executive policy on domestic violence, dating violence, sexual assault, and stalking.
(b) The task force shall comprise:
(1) The president of the University of Hawaii, or the president's designee;
(2) The vice president for community colleges, or the vice president's designee;
(3) The chancellor of the University of Hawaii at Manoa, or the chancellor's designee;
(4) The chancellor of the University of Hawaii at Hilo, or the chancellor's designee;
(5) The chancellor of the University of Hawaii at West Oahu, or the chancellor's designee;
(6) The executive director of the Hawaii state commission on the status of women, or the executive director's designee;
(7) The chair of the University of Hawaii commission on the status of women, or the chair's designee;
(8) A student at the University of Hawaii;
(9) The executive director of the Sex Abuse Treatment Center;
(10) A member of the American Civil Liberties Union;
(11) A member of the National Association of Social Workers;
(12) A representative of the Hawaii State Coalition Against Domestic Violence;
(13) A representative of the Honolulu police department; and
(14) A member of the women's legislative caucus of the legislature.
(c) The members of the task force shall elect a chairperson from among themselves.
(d) No member of the task force shall be made subject to chapter 84, Hawaii Revised Statutes, solely because of that member's participation as a member of the task force.
(e) The task force shall consider the following concepts when reviewing and revising the University of Hawaii's current policy:
(1) Affirming the University of Hawaii's commitment to increasing resources and strengthening the institutional infrastructure of all of its campuses to more effectively address the issue of affirmative consent;
(2) Considering best practices and current professional standards in reviewing and revising the current policy; and
(3) Using contemporary corrective actions consistent with academic environments, standard business practices, and the laws of the State.
(f) The task force shall take into consideration that the University of Hawaii's policy shall provide guidance for the following at each campus within the University of Hawaii system:
(1) Comprehensive education and prevention programs that inform the University of Hawaii community about the policies, resources, complaint options, remedies, and the risks and myths that contribute to sexual harassment, sexual assault, domestic violence, dating violence, and stalking;
(2) Information and assistance for individuals who report alleged sexual harassment and sexual violence, including informing individuals about their right to file criminal charges as well as the availability of on- and off-campus resources (e.g., medical, counseling, advocacy, legal, and other support services, including confidential options) and alternative remedies, such as housing, academic, or workplace accommodations, if appropriate and reasonably available, regardless of whether the individual chooses to file a complaint with or report a crime to campus security or a local law enforcement agency;
(3) Prompt and equitable complaint procedures for students and employees that are accessible and widely publicized on a regular basis;
(4) Information for both respondents and complainants regarding their rights during a student disciplinary hearing or investigation, including the right to a fair and impartial process; to be accompanied by an advisor; to give their side of the story and present all relevant evidence; to receive simultaneous updates on the status of the investigation and written notice of the outcome, including relevant sanctions imposed on student respondents; and to appeal; and
(5) Provisions for corrective actions that the campuses will implement or instill, including remedies and disciplinary sanctions, to end incidents of harassment or sexual violence and to prevent their recurrence.
(g) The task force shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2016.
(h) The task force shall cease to exist on June 30, 2017.
SECTION 2. This Act shall take effect upon its approval.
Affirmative Consent; University of Hawaii; Task Force
Establishes a task force to review and make recommendations on the University of Hawaii's executive policy on domestic violence, dating violence, sexual assault, and stalking. (SB387 HD1)
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