General Assembly Substitute Bill No. 847
January Session, 2011 *_____SB00847APP___051111____*
General Assembly
Substitute Bill No. 847
January Session, 2011
*_____SB00847APP___051111____*
AN ACT CONCERNING SEXUAL VIOLENCE ON COLLEGE CAMPUSES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective July 1, 2011) (a) For purposes of this section:
(1) "Awareness programming" means programming designed to communicate the prevalence of sexual assaults and intimate partner violence, including the nature and number of cases of sexual assault and intimate partner violence reported at each institution of higher education in the preceding three calendar years;
(2) "Institution of higher education" means an institution of higher education as defined in section 10a-55 of the general statutes;
(3) "Intimate partner violence" means any physical, sexual or psychological harm against an individual by a current or former spouse of or person in a dating relationship with such individual that results from any action by such spouse or such person that may be classified as a sexual assault under section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-72b or 53a-73a of the general statutes, stalking under section 53a-181c, 53a-181d or 53a-181e of the general statutes, or domestic violence as designated under section 46b-38h of the general statutes;
(4) "Primary prevention programming" means programming and strategies intended to prevent sexual assault and intimate partner violence before it occurs by means of changing social norms and other approaches;
(5) "Sexual assault" means a sexual assault under section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a of the general statutes; and
(6) "Uniform campus crime report" means a campus crime report prepared by an institution of higher education pursuant to section 10a-55a of the general statutes.
(b) Each institution of higher education shall adopt and disclose in such institution's annual uniform campus crime report a policy regarding sexual assault and intimate partner violence. Such policy shall include provisions for (1) providing students and employees of the institution who report being the victim of sexual assault or intimate partner violence both contact information for and, if requested, professional assistance in accessing and utilizing campus, local advocacy, counseling, health, mental health and legal assistance services, and written information concerning the rights of such students and employees to (A) notify law enforcement of such assault or violence and to receive assistance from campus authorities, and (B) obtain a protective order, apply for a temporary restraining order or seek enforcement of an existing protective or restraining order, including, but not limited to, orders issued pursuant to sections 46b-15, 46b-38c, 53a-40e, 54-1k, 54-82q and 54-82r of the general statutes, against the perpetrator of such assault or violence; (2) notifying such students and employees of the reasonably available options for and available assistance from such institution in changing academic, living, transportation or working situations in response to such assault or violence; (3) honoring any lawful protective or temporary restraining orders, including, but not limited to, orders issued pursuant to sections 46b-15, 46b-38c, 53a-40e, 54-1k, 54-82q and 54-82r of the general statutes; (4) disclosing the range of sanctions that may be imposed following the implementation of such institution's disciplinary procedures in response to such assault or violence; (5) detailing the procedures that such students and employees should follow after the commission of such violence, including persons or agencies to contact and information regarding the importance of preserving physical evidence of such assault or violence; and (6) disclosing a summary of such institution's disciplinary procedures, including clear statements advising such students and employees that (A) accusers of such assault or violence shall have the opportunity to request that disciplinary proceedings begin promptly, (B) disciplinary proceedings shall be conducted by an official trained in issues relating to sexual assault or intimate partner violence and shall use the preponderance of the evidence standard in making a determination concerning the alleged assault or violence, (C) both the accuser of such assault or violence and the accused perpetrator are entitled to be accompanied to any meeting or proceeding relating to the allegation of such assault or violence by an advisor of their choice and that such accuser and accused shall have the opportunity to present evidence and witnesses on their behalf during any disciplinary proceeding, (D) both such accuser and accused are entitled to be informed in writing of the results of any disciplinary proceeding not later than one business day after the conclusion of such proceeding, and (E) the identity of both such accuser and accused shall be kept confidential by the institution of higher education, provided such confidentiality does not violate state law.
(c) Each institution of higher education shall, within existing budgetary resources, offer (1) sexual assault and intimate partner violence primary prevention and awareness programming for all students and employees that includes an explanation of the definition of consent in sexual relationships and information concerning the reporting of incidences of such assaults and violence, bystander intervention and risk reduction; and (2) ongoing sexual assault and intimate partner violence prevention and awareness campaigns.
This act shall take effect as follows and shall amend the following sections:
Section 1 July 1, 2011 New section
This act shall take effect as follows and shall amend the following sections:
Section 1
July 1, 2011
New section
APP Joint Favorable Subst.
APP
Joint Favorable Subst.