THE SENATE

S.B. NO.

2311

THIRTIETH LEGISLATURE, 2020

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to campus safety.

 

 

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

 


SECTION 1. The legislature finds that college campuses should be safe from sexual and domestic violence. According to the Rape, Abuse & Incest National Network, the nation's largest anti-sexual violence organization, 11.2 per cent of all college students experience rape or sexual assault through physical force, violence, or incapacitation. Among undergraduate students, 23.1 per cent of females experience rape or sexual assault through physical force, violence, or incapacitation.

The legislature further finds that incidents of sexual and domestic violence are also pervasive on college campuses in Hawaii. More than 22 per cent of female students at the University of Hawaii have experienced dating or domestic violence and about 12 per cent have been sexually harassed or stalked during their time at the university, according to a survey of students released in 2018.

The purpose of this Act is to expand protections for victims of sexual and domestic violence at Hawaii's institutions of higher education by:

(1) Strengthening access to confidential support services;

(2) Requiring that all students receive information about sexual and domestic violence prevention and disclosure protocols; and

(3) Requiring training on the impact of trauma for university and college employees responsible for investigating incidents and assisting victims of sexual and domestic violence.

SECTION 2. Section 304A-120, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The University of Hawaii shall:

(1) Train 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) Provide all existing University of Hawaii employees with the training described in paragraph (1) by July 1, 2017, and every two years thereafter;

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

(4) Provide all students with the training described in paragraph (1) annually;

(5) Provide employees involved in investigating incidents or assisting victims of sexual harassment, sexual assault, domestic violence, dating violence, stalking, and related issues with training on the neurobiological and psychological impact of trauma, social stigmas, and stereotypes surrounding the causes and impact of trauma, and the components of trauma-informed care;

[(5)] (6) At each campus of the University of Hawaii system, 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; provided that confidential advocates and communications received by confidential advocates shall not be exempt from any otherwise applicable mandatory reporting requirements for child and vulnerable adult neglect and abuse as provided by chapters 346 and 350;

(7) Designate at least one confidential resource advisor to provide information to students and employees regarding:

(A) Options for reporting incidents of sexual harassment, sexual assault, domestic violence, dating violence, stalking, and related issues;

(B) Counseling services available on campus and through off-campus victim-services providers for survivors of sexual and domestic violence;

(C) Medical and health services available on campus and off campus;

(D) Campus security escort services;

(E) Academic and residential life accommodations;

(F) Student loan counseling for students considering temporary or permanent withdrawal or half-time enrollment as a result of sexual or domestic violence;

(G) The university's investigative and disciplinary processes with regard to sexual harassment, sexual assault, domestic violence, dating violence, stalking, and related issues;

(H) Legal processes carried out through local, state, and federal law enforcement agencies with regard to sexual harassment, sexual assault, domestic violence, dating violence, stalking, and related issues; and

(I) Any limits on the ability of the confidential resource advisor to provide privacy or confidentiality to the student;

provided that the confidential resource advisor may assist a student or employee in contacting or reporting an incident of sexual harassment, sexual assault, domestic violence, dating violence, stalking, or a related issue to university officials or law enforcement agencies; provided further that the confidential resource advisor shall not be required to report an incident of sexual harassment, sexual assault, domestic violence, dating violence, stalking, or a related issue to the university or a law enforcement agency unless otherwise required to do so by state or federal law, and shall not disclose confidential information without the prior written consent of the student or employee who shared the information;

[(6)] (8) Publicize the name, location, phone number, and e-mail address of the confidential advocate and confidential resource adviser on the website of each respective campus;

[(7)] (9) [Make available] Distribute annually to all students and employees written and electronic materials and training programs concerning Title IX of the Higher Education Amendments of 1972; the Violence Against Women Act of 1994; and University of Hawaii policies concerning sexual harassment, sexual assault, domestic violence, dating violence, and stalking; [and

(8)] (10) Inform victims in writing of the right to file a police report with the appropriate county police department for investigation and assist victims in submitting the police report[.]; and

(11) Enter into and maintain a memorandum of understanding with a victim services provider for victims of sexual assault and sexual harassment to assist in developing and implementing the university's policies, programs, and training regarding sexual harassment, sexual assault, domestic violence, dating violence, stalking, and related issues; provided that the memorandum of understanding may also authorize the victim-services provider to provide an off-campus alternative for students and employees of the university to receive free and confidential services related to sexual and domestic violence."

SECTION 2. Section 305J-8, Hawaii Revised Statutes, is amended to read as follows:

"305J-8 Authorization to operate in the State; private college or university. (a) To operate in the State, a private college or university shall:

(1) Be party to a reciprocity agreement to which the State is a member; or

(2) Apply for, on a form prescribed by the department, and receive authorization from the director; provided that the private college or university meets the requirements of section 305J-14; provided further that a private college or university shall apply for and obtain a separate authorization for each campus, branch, or site that is separately accredited. A separate authorization shall not be required for additional professional accreditations. A private, nonprofit college or university shall submit verification of its nonprofit status with its application.

(b) Upon receiving an application for authorization, the director shall review the application to confirm that the private college or university is accredited. The director shall not approve an application from a private college or university that, in the two years preceding submission of the application, has:

(1) Had its accreditation suspended or withdrawn;

(2) Been prohibited from operating in another state; or

(3) Substantially the same owners, governing board, or principal officers as a private college or university that has:

(A) Had its accreditation suspended or withdrawn; or

(B) Been prohibited from operating in another state.

(c) To operate in the State, a private college or university shall be accredited on the basis of an on-site review; provided that a candidate for accreditation seeking authorization to operate may be issued a provisional authorization to operate on an annual basis without accreditation subject to a determination by the director that issuance is in accordance with administrative rules, policies, or procedures adopted by the director. A candidate for accreditation may annually renew its provisional authorization for a period not to exceed five years, unless an extension is granted by the director for good cause.

(d) A private college or university shall notify the department within thirty days of any material information related to an action by the institution's accrediting body concerning the institution's accreditation status, including but not limited to reaffirmation or loss of accreditation, approval of a request for change, a campus evaluation visit, a focused visit, or approval of additional locations. In addition, the institution shall immediately notify the department if the institution's accrediting body is no longer recognized by the United States Department of Education.

(e) A private college or university under the jurisdiction of the department shall notify the department at least one year prior to its ceasing of operations in the State.

(f) A private college or university authorized pursuant to this chapter shall pay any and all fees established pursuant to section 305J-18.

(g) A private college or university authorized pursuant to this chapter shall, to the greatest extent possible, implement the procedures and protocols identified in section 304A-120 with respect to campus safety and accountability."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

UH; Private Colleges and Universities; Campus Safety and Accountability; Women's Legislative Caucus

 

Description:

Strengthens campus safety and accountability procedures and protocols, including those relating to sexual harassment, sexual assault, domestic violence, dating violence, stalking, and related issues, at the University of Hawaii. Takes steps to extend those procedures and protocols to private institutions of higher education in Hawaii.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.