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Connecticut Senate Bill SB00019

Connecticut 2020 Regular Session

Connecticut Senate Bill SB00019 Compare Versions

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44 LCO No. 721 1 of 11
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66 General Assembly Raised Bill No. 19
77 February Session, 2020
88 LCO No. 721
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1010
1111 Referred to Committee on HIGHER EDUCATION AND
1212 EMPLOYMENT ADVANCEMENT
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1515 Introduced by:
1616 (HED)
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1919
2020
2121 AN ACT CONCERNING SE XUAL MISCONDUCT ON C OLLEGE
2222 CAMPUSES.
2323 Be it enacted by the Senate and House of Representatives in General
2424 Assembly convened:
2525
2626 Section 1. Subsections (a) and (b) of section 10a-55m of the 2020 1
2727 supplement to the general statutes are repealed and the following is 2
2828 substituted in lieu thereof (Effective July 1, 2020): 3
2929 (a) For purposes of this section, [and] sections 10a-55n to 10a-55q, 4
3030 inclusive, and sections 2 and 3 of this act: 5
3131 (1) "Affirmative consent" means an active, clear and voluntary 6
3232 agreement by a person to engage in sexual activity with another person; 7
3333 (2) "Awareness programming" means institutional action designed to 8
3434 inform the campus community of the affirmative consent standard used 9
3535 pursuant to subdivision (1) of subsection (b) of this section, and 10
3636 communicate the prevalence of sexual assaults, stalking and intimate 11
3737 partner violence, including the nature and number of cases of sexual 12
3838 assault, stalking and intimate partner violence reported at or disclosed 13 Raised Bill No. 19
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4444 to each institution of higher education in the preceding three calendar 14
4545 years, including, but not limited to, poster and flyer campaigns, 15
4646 electronic communications, films, guest speakers, symposia, 16
4747 conferences, seminars or panel discussions; 17
4848 (3) "Bystander intervention" means the act of challenging the social 18
4949 norms that support, condone or permit sexual assault, stalking and 19
5050 intimate partner violence; 20
5151 (4) "Institution of higher education" means an institution of higher 21
5252 education, as defined in section 10a-55, and a for-profit institution of 22
5353 higher education licensed to operate in this state, but shall not include 23
5454 Charter Oak State College for purposes of subsections (c) and (f) of this 24
5555 section and sections 10a-55n to 10a-55p, inclusive; 25
5656 (5) "Intimate partner violence" means any physical or sexual harm 26
5757 against an individual by a current or former spouse of or person in a 27
5858 dating relationship with such individual that results from any action by 28
5959 such spouse or such person that may be classified as a sexual assault 29
6060 under section 53a-70b of the general statutes, revision of 1958, revised 30
6161 to January 1, 2019, or section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 31
6262 53a-73a, stalking under section 53a-181c, 53a-181d or 53a-181e, or family 32
6363 violence as designated under section 46b-38h; 33
6464 (6) "Primary prevention programming" means institutional action 34
6565 and strategies intended to prevent sexual assault, stalking and intimate 35
6666 partner violence before it occurs by means of changing social norms and 36
6767 other approaches, including, but not limited to, poster and flyer 37
6868 campaigns, electronic communications, films, guest speakers, symposia, 38
6969 conferences, seminars or panel discussions; 39
7070 (7) "Sexual assault" means a sexual assault under section 53a-70, 53a-40
7171 70a, 53a-71, 53a-72a, 53a-72b or 53a-73a; 41
7272 (8) "Stalking" means stalking under section 53a-181c, 53a-181d or 53a-42
7373 181e; and 43 Raised Bill No. 19
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7979 (9) "Uniform campus crime report" means a campus crime report 44
8080 prepared by an institution of higher education pursuant to section 10a-45
8181 55a. 46
8282 (b) Each institution of higher education shall adopt and disclose in 47
8383 such institution's annual uniform campus crime report one or more 48
8484 policies regarding sexual assault, stalking and intimate partner violence. 49
8585 Such policy or policies shall include provisions for: 50
8686 (1) Informing students and employees that, in the context of an 51
8787 alleged violation of the policy or policies regarding sexual assault and 52
8888 intimate partner violence, (A) affirmative consent is the standard used 53
8989 in determining whether consent to engage in sexual activity was given 54
9090 by all persons who engaged in the sexual activity, (B) affirmative 55
9191 consent may be revoked at any time during the sexual activity by any 56
9292 person engaged in the sexual activity, (C) it is the responsibility of each 57
9393 person to ensure that he or she has the affirmative consent of all persons 58
9494 engaged in the sexual activity to engage in the sexual activity and that 59
9595 the affirmative consent is sustained throughout the sexual activity, (D) 60
9696 it shall not be a valid excuse to an alleged lack of affirmative consent 61
9797 that the student or employee responding to the alleged violation 62
9898 believed that the student or employee reporting or disclosing the 63
9999 alleged violation consented to the sexual activity (i) because the 64
100100 responding student or employee was intoxicated or reckless or failed to 65
101101 take reasonable steps to ascertain whether the student or employee 66
102102 reporting or disclosing the alleged violation affirmatively consented, or 67
103103 (ii) if the responding student or employee knew or should have known 68
104104 that the student or employee reporting or disclosing the alleged 69
105105 violation was unable to consent because such student or employee was 70
106106 unconscious, asleep, unable to communicate due to a mental or physical 71
107107 condition, or incapacitated due to the influence of drugs, alcohol or 72
108108 medication, and (E) the existence of a past or current dating or sexual 73
109109 relationship between the student or employee reporting or disclosing 74
110110 the alleged violation and the responding student or employee, in and of 75
111111 itself, shall not be determinative of a finding of affirmative consent; 76 Raised Bill No. 19
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117117 (2) Detailing the procedures that students and employees of the 77
118118 institution who report or disclose being the victim of sexual assault, 78
119119 stalking or intimate partner violence may follow after the commission 79
120120 of such assault, stalking or violence, regardless of where such incidences 80
121121 occurred, including persons or agencies to contact and information 81
122122 regarding the importance of preserving physical evidence of such 82
123123 assault, stalking or violence; 83
124124 (3) Providing students and employees of the institution who report 84
125125 or disclose being the victim of sexual assault, stalking or intimate 85
126126 partner violence both concise, written contact information for and, if 86
127127 requested, professional assistance in accessing and utilizing campus, 87
128128 local advocacy, counseling, health and mental health services, and 88
129129 concise information, written in plain language, concerning the rights of 89
130130 such students and employees to (A) notify law enforcement of such 90
131131 assault, stalking or violence and receive assistance from campus 91
132132 authorities in making any such notification, and (B) obtain a protective 92
133133 order, apply for a temporary restraining order or seek enforcement of 93
134134 an existing protective or restraining order, including, but not limited to, 94
135135 orders issued pursuant to section 46b-15, 46b-38c, 53a-40e, 54-1k, 54-82q 95
136136 or 54-82r, against the perpetrator of such assault, stalking or violence; 96
137137 (4) Notifying such students and employees of any reasonably 97
138138 available options for and available assistance from such institution in 98
139139 changing academic, living, campus transportation or working situations 99
140140 in response to [such] sexual assault, stalking or intimate partner 100
141141 violence; 101
142142 (5) Honoring any lawful protective or temporary restraining orders, 102
143143 including, but not limited to, orders issued pursuant to section 46b-15, 103
144144 46b-38c, 53a-40e, 54-1k, 54-82q or 54-82r; 104
145145 (6) Disclosing a summary of such institution's student investigation 105
146146 and disciplinary procedures, including clear statements advising that 106
147147 (A) a student or employee who reports or discloses being a victim of 107
148148 [such] sexual assault, stalking or intimate partner violence shall have the 108 Raised Bill No. 19
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154154 opportunity to request that an investigation begin promptly, (B) the 109
155155 investigation and any disciplinary proceedings shall be conducted by 110
156156 an official trained annually in issues relating to sexual assault, stalking 111
157157 and intimate partner violence and shall use the preponderance of the 112
158158 evidence standard in making a determination concerning the alleged 113
159159 assault, stalking or violence, (C) both the student or employee who 114
160160 reports or discloses the alleged assault, stalking or violence and the 115
161161 student responding to such report or disclosure (i) are entitled to be 116
162162 accompanied to any meeting or proceeding relating to the allegation of 117
163163 such assault, stalking or violence by an advisor or support person of 118
164164 their choice, provided the involvement of such advisor or support 119
165165 person does not result in the postponement or delay of such meeting as 120
166166 scheduled, and (ii) shall have the opportunity to present evidence and 121
167167 witnesses on their behalf during any disciplinary proceeding, (D) both 122
168168 the student or employee reporting or disclosing the alleged assault 123
169169 stalking or violence and such responding student are entitled to be 124
170170 informed in writing of the results of any disciplinary proceeding not 125
171171 later than one business day after the conclusion of such proceeding, (E) 126
172172 the institution of higher education shall not disclose the identity of any 127
173173 party to an investigation or disciplinary proceeding, except as necessary 128
174174 to carry out the investigation or disciplinary proceeding or as permitted 129
175175 under state or federal law, [and] (F) a standard of affirmative consent is 130
176176 used in determining whether consent to engage in sexual activity was 131
177177 given by all persons who engaged in the sexual activity, and (G) a 132
178178 student or employee who reports or discloses the alleged assault, 133
179179 stalking or violence shall not be subject to disciplinary action for 134
180180 violation of a policy of the institution of higher education if (i) the report 135
181181 or disclosure was made in good faith, and (ii) the violation of such policy 136
182182 did not place the health or safety of another person at risk, including, 137
183183 but not limited to, when the violation of such policy involves the use of 138
184184 alcohol, drugs or other banned substances that does not place the health 139
185185 or safety of another person at risk; 140
186186 (7) Disclosing a summary of such institution's employee investigation 141
187187 and disciplinary procedures, including clear statements advising that a 142 Raised Bill No. 19
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193193 standard of affirmative consent is used in determining whether consent 143
194194 to engage in sexual activity was given by all persons who engaged in 144
195195 the sexual activity; and 145
196196 (8) Disclosing the range of sanctions that may be imposed following 146
197197 the implementation of such institution's student and employee 147
198198 disciplinary procedures in response to such assault, stalking or violence. 148
199199 Sec. 2. (NEW) (Effective July 1, 2020) (a) There is established a Council 149
200200 on Sexual Misconduct Climate Survey, which shall be part of the 150
201201 Legislative Department. 151
202202 (b) The council shall consist of the following members: 152
203203 (1) The cochairpersons of the joint standing committee of the General 153
204204 Assembly having cognizance of matters relating to higher education 154
205205 and employment advancement; 155
206206 (2) One appointed by the speaker of the House of Representatives, 156
207207 who has expertise in development and design of sexual misconduct 157
208208 climate surveys; 158
209209 (3) One appointed by the president pro tempore of the Senate, who 159
210210 shall be a student enrolled in a public institution of higher education in 160
211211 the state; 161
212212 (4) One appointed by the majority leader of the House of 162
213213 Representatives, who has expertise in statistics, data analytics or 163
214214 econometrics related to higher education surveys; 164
215215 (5) One appointed by the majority leader of the Senate, who shall be 165
216216 a student enrolled in an independent institution of higher education in 166
217217 the state; 167
218218 (6) A representative of the Victim Rights Center of Connecticut, who 168
219219 shall be appointed by the minority leader of the House of 169
220220 Representatives; 170 Raised Bill No. 19
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226226 (7) One appointed by the minority leader of the Senate, who shall be 171
227227 a Title IX coordinator at an institution of higher education in the state; 172
228228 (8) The Commissioner of the Department of Public Health, or the 173
229229 commissioner's designee; 174
230230 (9) The president of The University of Connecticut, or the president's 175
231231 designee; 176
232232 (10) A representative of the Connecticut State University System, who 177
233233 shall be appointed by the Board of Regents for Higher Education; 178
234234 (11) A representative of the regional community-technical college 179
235235 system, who shall be appointed by the Board of Regents for Higher 180
236236 Education; 181
237237 (12) A representative of the independent institutions of higher 182
238238 education in the state, who shall be appointed by the Connecticut 183
239239 Conference of Independent Colleges; 184
240240 (13) Three representatives of victims of sexual assault or intimate 185
241241 partner violence, who shall be appointed by the Connecticut Alliance to 186
242242 End Sexual Violence, one of whom shall represent such victims in rural 187
243243 communities and one of whom shall represent such victims in urban 188
244244 communities; 189
245245 (14) A representative of victims of intimate partner violence, who 190
246246 shall be appointed by the Connecticut Coalition Against Domestic 191
247247 Violence; 192
248248 (15) A representative of lesbian, gay, bisexual, transgender and queer 193
249249 persons, who shall be appointed by True Colors, Inc.; and 194
250250 (16) A person appointed by the Every Voice Coalition. 195
251251 (c) Any member of the council appointed under subsection (b) of this 196
252252 section may be a member of the General Assembly. 197
253253 (d) All initial appointments to the council shall be made not later than 198 Raised Bill No. 19
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259259 sixty days after the effective date of this section and shall terminate on 199
260260 June 30, 2022, regardless of when the initial appointment was made. 200
261261 Any member of the council may serve more than one term. 201
262262 (e) The speaker of the House of Representatives and the president pro 202
263263 tempore of the Senate shall select the chairperson of the council from 203
264264 among the members of the council. Such chairperson shall schedule the 204
265265 first meeting of the council, which shall be held not later than sixty days 205
266266 after the effective date of this section. 206
267267 (f) The administrative staff of the joint standing committee of the 207
268268 General Assembly having cognizance of matters relating to higher 208
269269 education shall serve as administrative staff of the council. 209
270270 (g) Appointed members of the council shall serve for two-year terms 210
271271 which shall commence on the date of appointment, except as provided 211
272272 in subsection (d) of this section. Members shall continue to serve until 212
273273 their successors are appointed. 213
274274 (h) Any vacancy shall be filled by the appointing authority. Any 214
275275 vacancy occurring other than by expiration of term shall be filled for the 215
276276 balance of the unexpired term. 216
277277 (i) A majority of the council shall constitute a quorum for the 217
278278 transaction of any business. 218
279279 (j) The members of the council shall serve without compensation, but 219
280280 shall, within the limits of available funds, be reimbursed for expenses 220
281281 necessarily incurred in the performance of their duties. 221
282282 (k) The council shall have the following powers and duties: (1) 222
283283 Develop and update a sexual misconduct climate survey for use by 223
284284 institutions of higher education for the purpose of assessing the climate 224
285285 on college campuses related to sexual assault, stalking and intimate 225
286286 partner violence, which survey may include, but not be limited to, 226
287287 questions regarding (A) student awareness of institutional policies and 227
288288 procedures related to sexual assault, stalking and intimate partner 228 Raised Bill No. 19
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294294 violence, (B) if a student reported sexual assault, stalking or violence to 229
295295 an institution of higher education or law enforcement, the response to 230
296296 and results of such report, the facts surrounding such assault, stalking 231
297297 or violence and the demographic information of the victim, and (C) 232
298298 student perceptions of campus safety; (2) recommend guidelines for the 233
299299 implementation of such survey, which shall include, but need not be 234
300300 limited to, the goal of (A) achieving a high rate of response to such 235
301301 survey to ensure statistically accurate survey results, (B) protecting the 236
302302 anonymity of respondents to such survey, and (C) receiving responses 237
303303 to such survey from as broad and diverse a segment of the student 238
304304 population as possible; (3) obtain from any executive department, 239
305305 board, commission or other agency of the state such assistance and data 240
306306 as necessary and available to carry out the purposes of this section; (4) 241
307307 accept any gift, donation or bequest for the purpose of performing the 242
308308 duties described in this section; and (5) perform such other acts as may 243
309309 be necessary and appropriate to carry out the duties described in this 244
310310 section. 245
311311 (l) The council shall meet as often as deemed necessary by the 246
312312 chairperson or a majority of the council. Any appointed member who 247
313313 fails to attend three consecutive meetings or who fails to attend fifty per 248
314314 cent of all meetings held during any calendar year shall be deemed to 249
315315 have resigned from the council. 250
316316 (m) Not later than July 1, 2021, and biennially thereafter, the council 251
317317 shall submit a report, in accordance with the provisions of section 11-4a 252
318318 of the general statutes, to the joint standing committee of the General 253
319319 Assembly having cognizance of matters relating to higher education 254
320320 and to each institution of higher education in the state on the sexual 255
321321 misconduct climate survey developed by the council which shall 256
322322 include, but need not be limited to, (1) a copy of the sexual misconduct 257
323323 climate survey; and (2) recommend ed guidelines for the 258
324324 implementation of such survey. 259
325325 Sec. 3. (NEW) (Effective July 1, 2020) (a) Not later than October 1, 2021, 260
326326 and biennially thereafter, each institution of higher education in the 261 Raised Bill No. 19
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332332 state shall distribute the sexual misconduct climate survey developed 262
333333 by the Council on Sexual Misconduct Climate Survey, pursuant to 263
334334 section 2 of this act, to each student enrolled at such institution in 264
335335 accordance with the guidelines recommended by said council. Any 265
336336 institution may append to the sexual misconduct climate survey 266
337337 additional institution or campus-specific questions, provided such 267
338338 additional questions, if any, (1) do not require the disclosure of personal 268
339339 identifying information, or (2) are not unnecessarily traumatizing to 269
340340 victims of sexual assault, stalking or violence. 270
341341 (b) Each institution of higher education shall distribute with the 271
342342 sexual misconduct climate survey a statement that (1) the anonymity of 272
343343 survey respondents shall be protected, (2) students should not disclose 273
344344 personal identifying information with their survey responses, and (3) 274
345345 the responses to the survey may not be used as a basis of investigation, 275
346346 disciplinary action or legal proceeding. 276
347347 (c) Not later than March 1, 2022, and biennially thereafter, each 277
348348 institution of higher education in the state shall (1) submit a report, in 278
349349 accordance with the provisions of section 11-4a of the general statutes, 279
350350 to the joint standing committee of the General Assembly having 280
351351 cognizance of matters relating to higher education on the summary 281
352352 results for each question of the sexual misconduct climate survey, and 282
353353 (2) post on its Internet web site the campus level results of the sexual 283
354354 misconduct climate survey, the uniform campus crime report required 284
355355 pursuant to section 10a-55a of the general statutes and an Internet link 285
356356 to the summary results of such survey reported to the joint standing 286
357357 committee of the General Assembly having cognizance of matters 287
358358 relating to higher education. 288
359359 This act shall take effect as follows and shall amend the following
360360 sections:
361361
362362 Section 1 July 1, 2020 10a-55m(a) and (b)
363363 Sec. 2 July 1, 2020 New section
364364 Sec. 3 July 1, 2020 New section
365365 Raised Bill No. 19
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371371 Statement of Purpose:
372372 To (1) establish a Council on Sexual Misconduct Climate Survey to
373373 create a sexual misconduct climate survey for use by institutions of
374374 higher education in the state, and (2) protect students who report being
375375 a victim or witness of sexual assault, stalking or violence from
376376 disciplinary action by the institution of higher education.
377377 [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
378378 that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
379379 underlined.]
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