SB 1626
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ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fifth Legislature
Second Regular Session
Senate: ED DPA/SE 8-0-0-0 | 3rd Read 28-0-2-0
SB 1626: sexual misconduct; universities; community colleges
S/E: ABOR: community colleges; sexual misconduct
Sponsor: Senator Mesnard, LD 17
Committee on Education
Summary of the Strike-Everything Amendment to SB 1626
Overview
Requires the Arizona Board of Regents (ABOR) and each community college district (CCD) to
establish a respective prevention of sexual misconduct on campus task force (task force).
Establishes reporting requirements for universities under the jurisdiction of ABOR (universities)
and community colleges relating to sexual misconduct.
History
Arizona Board of Regents (ABOR) policy details a Student Code of Conduct policy to meet its
responsibilities under state law. The Student Code of Conduct prohibits sexual misconduct, which
is defined to mean sexual violence, sexual harassment or other unwanted or non-consensual
sexual conduct. ABOR policy authorizes the presidents of the universities to enforce the Student
Code of Conduct and permits the dean of students to take action against a student who violates
the Student Code of Conduct, including expulsion, suspension and restricted access to university
property (ABOR Policy 5-308).
A community college is an educational institution that provides program training in the arts,
sciences and humanities beyond the 12th grade. A community college is operated by a CCD
governing board (A.R.S. § 15-1401).
Title IX of the Education Amendments of 1972 prohibits sex discrimination in any education
program or activity that receives federal financial assistance (20 U.S.C. § 1681). Federal law
requires each recipient of federal financial assistance to designate and authorize at least one
employee to comply with the requirements of Title IX (34 C.F.R. § 106).
Provisions
Task Forces
1. Instructs ABOR to establish a task force that consists of nine specified members appointed
by ABOR. (Sec.1)
2. Requires each CCD to establish a task force that each consists of eight specified members
appointed by the respective CCD's governing board. (Sec. 1)
3. Directs the ABOR task force and each CCD task force to elect a chairperson from among its
members. (Sec. 1)
4. Details the ABOR task force and each CCD task force, respectively, must:
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a) Create a reporting outline the universities or community colleges must use for the required
sexual misconduct reports;
b) Review the required sexual misconduct reports submitted by the universities or community
colleges;
c) Review policies prohibiting sexual misconduct and policies providing supportive measures
for sexual misconduct victims that are in place at the universities or community colleges;
d) Make recommendations to ABOR and the universities or to the CCD governing boards on
actions relating to the prevention of sexual misconduct;
e) Develop and update a base survey to be administered by the universities or community
colleges to students;
f) Provide the universities or community colleges with recommendations regarding the
content and distribution of the base survey;
g) Determine the timing and distribution of the base survey and the due date for the required
sexual misconduct reports; and
h) Collaborate with the CCD task forces or the ABOR task force to ensure comparable data
and reporting outlines and to determine the first reporting year for the required sexual
misconduct reports. (Sec. 1)
5. Specifies the base survey must be able to be distributed online. (Sec. 1)
6. Requires the ABOR task force and each CCD task force to use best practices from peer-
reviewed research and consult with individuals with expertise in developing sexual misconduct
climate surveys. (Sec. 1)
7. Authorizes the ABOR task force and each CCD task force to use an existing survey tool that
has been previously developed, rather than developing a base survey. (Sec. 1)
8. Establishes that the base survey must be administered and the required sexual misconduct
reports must be due once every two years. (Sec. 1)
9. Mandates the due date for the required sexual misconduct reports be less than one year after
the completion of the base survey or November 1, whichever is earlier. (Sec. 1)
10. Details the first reporting year cannot be later than 2025 and subsequent reporting years must
occur every other year thereafter. (Sec. 1)
11. Instructs the ABOR task force and each CCD task force to distribute the base surveys to the
universities or community colleges, respectively. (Sec.1)
12. Requires each university and community college to:
a) Administer the base survey openly to all students;
b) Attempt to notify currently enrolled students and students who have been enrolled within
the past two years of when the base survey is distributed and invite these students to
participate in the base survey; and
c) Distribute the base survey online and in an accessible format to individuals with
disabilities. (Sec. 1)
13. Permits each university and community college to add questions to the base surveys and
adjust the base surveys to meet the university's or community college's needs. (Sec. 1)
14. Prohibits adjustments to the base survey from requiring any personally identifiable
information. (Sec. 1)
15. Requires each CCD task force, by December 1 of each reporting year, to compile the
information from the required sexual misconduct reports into a single report and transmit the
report to the ABOR task force. (Sec. 1) SB 1626
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16. Instructs the ABOR task force, by December 31 of each reporting year, to:
a) Compile all reports received from the universities and the CCD task forces into a statewide
report; and
b) Submit the statewide report to the Governor, President of the Senate and the Speaker of
the House of Representatives. (Sec.1)
Required Sexual Misconduct Reports
17. Directs each university and community college to submit a report to its respective task force
chairperson, by the date of each reporting year prescribed by the relevant task force, that
includes the following information for the academic year in which the base survey is
administered:
a) Relevant data regarding sexual misconduct incidents;
b) Policies in effect prohibiting sexual misconduct and policies providing supportive
measures;
c) Resources both at the university or community college and in the community for students
who have experienced sexual misconduct;
d) Steps the university or community college has taken to mitigate sexual misconduct risks;
e) The results and findings of the base survey; and
f) Any other relevant information. (Sec. 1)
18. States these reports must provide information in an anonymous manner that complies with
privacy laws. (Sec .1)
19. Requires the university and community colleges to post the reports on their websites. (Sec.1)
20. Specifies a university or community college is not required to submit a report until the first
reporting year as determined by the task forces. (Sec. 1)
Miscellaneous
21. Defines employee, institution, report of sexual misconduct, sexual misconduct, student and
Title IX. (Sec. 1)