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General Assembly Raised Bill No. 6374
January Session, 2021
LCO No. 2616
Referred to Committee on HIGHER EDUCATION AND
EMPLOYMENT ADVANCEMENT
Introduced by:
(HED)
AN ACT CONCERNING SE XUAL MISCONDUCT ON C OLLEGE
CAMPUSES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsections (a) and (b) of section 10a-55m of the general 1
statutes are repealed and the following is substituted in lieu thereof 2
(Effective July 1, 2021): 3
(a) For purposes of this section, [and] sections 10a-55n to 10a-55q, 4
inclusive, and sections 2 and 3 of this act: 5
(1) "Affirmative consent" means an active, clear and voluntary 6
agreement by a person to engage in sexual activity with another person; 7
(2) "Awareness programming" means institutional action designed to 8
inform the campus community of the affirmative consent standard used 9
pursuant to subdivision (1) of subsection (b) of this section, and 10
communicate the prevalence of sexual assaults, stalking and intimate 11
partner violence, including the nature and number of cases of sexual 12
assault, stalking and intimate partner violence reported at or disclosed 13 Raised Bill No. 6374
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to each institution of higher education in the preceding three calendar 14
years, including, but not limited to, poster and flyer campaigns, 15
electronic communications, films, guest speakers, symposia, 16
conferences, seminars or panel discussions; 17
(3) "Bystander intervention" means the act of challenging the social 18
norms that support, condone or permit sexual assault, stalking and 19
intimate partner violence; 20
(4) "Institution of higher education" means an institution of higher 21
education, as defined in section 10a-55, and a for-profit institution of 22
higher education licensed to operate in this state, but shall not include 23
Charter Oak State College for purposes of subsections (c) and (f) of this 24
section and sections 10a-55n to 10a-55p, inclusive; 25
(5) "Intimate partner violence" means any physical or sexual harm 26
against an individual by a current or former spouse of or person in a 27
dating relationship with such individual that results from any action by 28
such spouse or such person that may be classified as a sexual assault 29
under section 53a-70b of the general statutes, revision of 1958, revised 30
to January 1, 2019, or section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 31
53a-73a, stalking under section 53a-181c, 53a-181d or 53a-181e, or family 32
violence as designated under section 46b-38h; 33
(6) "Primary prevention programming" means institutional action 34
and strategies intended to prevent sexual assault, stalking and intimate 35
partner violence before it occurs by means of changing social norms and 36
other approaches, including, but not limited to, poster and flyer 37
campaigns, electronic communications, films, guest speakers, symposia, 38
conferences, seminars or panel discussions; 39
(7) "Sexual assault" means a sexual assault under section 53a-70, 53a-40
70a, 53a-71, 53a-72a, 53a-72b or 53a-73a; 41
(8) "Stalking" means stalking under section 53a-181c, 53a-181d or 53a-42
181e; and 43 Raised Bill No. 6374
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(9) "Uniform campus crime report" means a campus crime report 44
prepared by an institution of higher education pursuant to section 10a-45
55a. 46
(b) Each institution of higher education shall adopt and disclose in 47
such institution's annual uniform campus crime report one or more 48
policies regarding sexual assault, stalking and intimate partner violence. 49
Such policy or policies shall include provisions for: 50
(1) Informing students and employees that, in the context of an 51
alleged violation of the policy or policies regarding sexual assault and 52
intimate partner violence, (A) affirmative consent is the standard used 53
in determining whether consent to engage in sexual activity was given 54
by all persons who engaged in the sexual activity, (B) affirmative 55
consent may be revoked at any time during the sexual activity by any 56
person engaged in the sexual activity, (C) it is the responsibility of each 57
person to ensure that he or she has the affirmative consent of all persons 58
engaged in the sexual activity to engage in the sexual activity and that 59
the affirmative consent is sustained throughout the sexual activity, (D) 60
it shall not be a valid excuse to an alleged lack of affirmative consent 61
that the student or employee responding to the alleged violation 62
believed that the student or employee reporting or disclosing the 63
alleged violation consented to the sexual activity (i) because the 64
responding student or employee was intoxicated or reckless or failed to 65
take reasonable steps to ascertain whether the student or employee 66
reporting or disclosing the alleged violation affirmatively consented, or 67
(ii) if the responding student or employee knew or should have known 68
that the student or employee reporting or disclosing the alleged 69
violation was unable to consent because such student or employee was 70
unconscious, asleep, unable to communicate due to a mental or physical 71
condition, or incapacitated due to the influence of drugs, alcohol or 72
medication, and (E) the existence of a past or current dating or sexual 73
relationship between the student or employee reporting or disclosing 74
the alleged violation and the responding student or employee, in and of 75
itself, shall not be determinative of a finding of affirmative consent; 76 Raised Bill No. 6374
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(2) Detailing the procedures that students and employees of the 77
institution who report or disclose being the victim of sexual assault, 78
stalking or intimate partner violence may follow after the commission 79
of such assault, stalking or violence, regardless of where such incidences 80
occurred, including persons or agencies to contact and information 81
regarding the importance of preserving physical evidence of such 82
assault, stalking or violence; 83
(3) Providing students and employees of the institution who report 84
or disclose being the victim of sexual assault, stalking or intimate 85
partner violence both concise, written contact information for and, if 86
requested, professional assistance in accessing and utilizing campus, 87
local advocacy, counseling, health and mental health services, and 88
concise information, written in plain language, concerning the rights of 89
such students and employees to (A) notify law enforcement of such 90
assault, stalking or violence and receive assistance from campus 91
authorities in making any such notification, and (B) obtain a protective 92
order, apply for a temporary restraining order or seek enforcement of 93
an existing protective or restraining order, including, but not limited to, 94
orders issued pursuant to section 46b-15, 46b-38c, 53a-40e, 54-1k, 54-82q 95
or 54-82r, against the perpetrator of such assault, stalking or violence; 96
(4) Notifying such students and employees of any reasonably 97
available options for and available assistance from such institution in 98
changing academic, living, campus transportation or working situations 99
in response to [such] sexual assault, stalking or intimate partner 100
violence; 101
(5) Honoring any lawful protective or temporary restraining orders, 102
including, but not limited to, orders issued pursuant to section 46b-15, 103
46b-38c, 53a-40e, 54-1k, 54-82q or 54-82r; 104
(6) Disclosing a summary of such institution's student investigation 105
and disciplinary procedures, including clear statements advising that 106
(A) a student or employee who reports or discloses being a victim of 107
[such] sexual assault, stalking or intimate partner violence shall have the 108 Raised Bill No. 6374
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opportunity to request that an investigation begin promptly, (B) the 109
investigation and any disciplinary proceedings shall be conducted by 110
an official trained annually in issues relating to sexual assault, stalking 111
and intimate partner violence and shall use the preponderance of the 112
evidence standard in making a determination concerning the alleged 113
assault, stalking or violence, (C) both the student or employee who 114
reports or discloses the alleged assault, stalking or violence and the 115
student responding to such report or disclosure (i) are entitled to be 116
accompanied to any meeting or proceeding relating to the allegation of 117
such assault, stalking or violence by an advisor or support person of 118
their choice, provided the involvement of such advisor or support 119
person does not result in the postponement or delay of such meeting as 120
scheduled, and (ii) shall have the opportunity to present evidence and 121
witnesses on their behalf during any disciplinary proceeding, (D) both 122
the student or employee reporting or disclosing the alleged assault 123
stalking or violence and such responding student are entitled to be 124
informed in writing of the results of any disciplinary proceeding not 125
later than one business day after the conclusion of such proceeding, (E) 126
the institution of higher education shall not disclose the identity of any 127
party to an investigation or disciplinary proceeding, except as necessary 128
to carry out the investigation or disciplinary proceeding or as permitted 129
under state or federal law, [and] (F) a standard of affirmative consent is 130
used in determining whether consent to engage in sexual activity was 131
given by all persons who engaged in the sexual activity, and (G) a 132
student or employee who reports or discloses the alleged assault, 133
stalking or violence shall not be subject to disciplinary action for 134
violation of a policy of the institution of higher education prohibiting 135
the use of drugs or alcohol if (i) the report or disclosure was made in 136
good faith, and (ii) the violation of such policy did not place the health 137
or safety of another person at risk; 138
(7) Disclosing a summary of such institution's employee investigation 139
and disciplinary procedures, including clear statements advising that a 140
standard of affirmative consent is used in determining whether consent 141
to engage in sexual activity was given by all persons who engaged in 142 Raised Bill No. 6374
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the sexual activity; and 143
(8) Disclosing the range of sanctions that may be imposed following 144
the implementation of such institution's student and employee 145
disciplinary procedures in response to such assault, stalking or violence. 146
Sec. 2. (NEW) (Effective July 1, 2021) (a) There is established a Council 147
on Sexual Misconduct Climate Surveys, which shall be part of the 148
Legislative Department. 149
(b) The council shall consist of the following members: 150
(1) The cochairpersons of the joint standing committee of the General 151
Assembly having cognizance of matters relating to higher education 152
and employment advancement; 153
(2) One appointed by the speaker of the House of Representatives, 154
who has expertise in the development and design of sexual misconduct 155
climate surveys; 156
(3) One appointed by the president pro tempore of the Senate, who 157
shall be a student enrolled in a public institution of higher education in 158
the state; 159
(4) One appointed by the majority leader of the House of 160
Representatives, who has expertise in statistics, data analytics or 161
econometrics related to higher education surveys; 162
(5) One appointed by the majority leader of the Senate, who shall be 163
a student enrolled in an independent institution of higher education in 164
the state; 165
(6) One appointed by the minority leader of the House of 166
Representatives, who shall be a representative of the Victim Rights 167
Center of Connecticut; 168
(7) One appointed by the minority leader of the Senate, who shall be 169
a Title IX coordinator at an institution of higher education in the state; 170 Raised Bill No. 6374
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(8) The Commissioner of Public Health, or the commissioner's 171
designee; 172
(9) The president of The University of Connecticut, or the president's 173
designee; 174
(10) A representative of the Connecticut State University System, who 175
shall be appointed by the Board of Regents for Higher Education; 176
(11) A representative of the regional community-technical college 177
system, who shall be appointed by the Board of Regents for Higher 178
Education; 179
(12) A representative of the independent institutions of higher 180
education in the state, who shall be appointed by the Connecticut 181
Conference of Independent Colleges; 182
(13) Three representatives of victims of sexual assault or intimate 183
partner violence, who shall be appointed by the Connecticut Alliance to 184
End Sexual Violence, one of whom shall represent such victims in rural 185
communities and one of whom shall represent such victims in urban 186
communities; 187
(14) A representative of victims of intimate partner violence, who 188
shall be appointed by the Connecticut Coalition Against Domestic 189
Violence; 190
(15) A representative of lesbian, gay, bisexual, transgender and queer 191
persons, who shall be appointed by True Colors, Inc.; and 192
(16) A person appointed by the Every Voice Coalition. 193
(c) Any member of the council appointed under subsection (b) of this 194
section may be a member of the General Assembly. 195
(d) All initial appointments to the council shall be made not later than 196
sixty days after the effective date of this section and shall terminate on 197
June 30, 2026, regardless of when the initial appointment was made. 198 Raised Bill No. 6374
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Any member of the council may serve more than one term. 199
(e) The speaker of the House of Representatives and the president pro 200
tempore of the Senate shall select the chairperson of the council from 201
among the members of the council. Such chairperson shall schedule the 202
first meeting of the council, which shall be held not later than sixty days 203
after the effective date of this section. 204
(f) The administrative staff of the joint standing committee of the 205
General Assembly having cognizance of matters relating to higher 206
education shall serve as administrative staff of the council. 207
(g) Appointed members of the council shall serve for four-year terms, 208
which shall commence on the date of appointment, except as provided 209
in subsection (d) of this section. Members shall continue to serve until 210
their successors are appointed. 211
(h) Any vacancy shall be filled by the appointing authority not later 212
than thirty days after the vacancy occurs. Any vacancy occurring other 213
than by expiration of term shall be filled for the balance of the unexpired 214
term. 215
(i) A majority of the council shall constitute a quorum for the 216
transaction of any business. 217
(j) The members of the council shall serve without compensation, but 218
shall, within the limits of available funds, be reimbursed for expenses 219
necessarily incurred in the performance of their duties. 220
(k) The council shall have the following powers and duties: (1) 221
Identify and approve one or more sexual misconduct climate surveys 222
developed by an institution of higher education or a national association 223
for use by institutions of higher education for the purpose of assessing 224
the climate on college campuses related to sexual assault, stalking and 225
intimate partner violence, which selected surveys shall yield results that 226
may be compared to each other and may include, but not be limited to, 227
questions regarding (A) student awareness of institutional policies and 228 Raised Bill No. 6374
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procedures related to sexual assault, stalking and intimate partner 229
violence, (B) if a student reported sexual assault, stalking or violence to 230
an institution of higher education or law enforcement, the response to 231
and results of such report, the facts surrounding such assault, stalking 232
or violence and the demographic information of the victim, and (C) 233
student perceptions of campus safety; (2) recommend guidelines for the 234
implementation of such surveys, which shall include, but need not be 235
limited to, procedures for (A) achieving a high rate of response to such 236
surveys to ensure statistically accurate survey results, (B) protecting the 237
anonymity of respondents to such surveys, and (C) receiving responses 238
to such surveys from as broad and diverse a segment of the student 239
population as possible; (3) not later than six months after receiving the 240
results of such surveys from each institution of higher education 241
pursuant to subsection (c) of section 3 of this act, recommend best 242
practices to such institutions in addressing such results; (4) obtain from 243
any executive department, board, commission or other agency of the 244
state such assistance and data as necessary and available to carry out the 245
purposes of this section; (5) accept any gift, donation or bequest for the 246
purpose of performing the duties described in this section; and (6) 247
perform such other acts as may be necessary and appropriate to carry 248
out the duties described in this section. 249
(l) The council shall meet as often as deemed necessary by the 250
chairperson or a majority of the council. Any appointed member who 251
fails to attend three consecutive meetings or who fails to attend fifty per 252
cent of all meetings held during any calendar year shall be deemed to 253
have resigned from the council. 254
(m) Not later than January 1, 2022, and every two years thereafter, the 255
council shall submit a report, in accordance with the provisions of 256
section 11-4a of the general statutes, to the joint standing committee of 257
the General Assembly having cognizance of matters relating to higher 258
education and to each institution of higher education in the state on the 259
sexual misconduct climate surveys approved by the council which shall 260
include, but need not be limited to, (1) a copy of each approved sexual 261
misconduct climate survey; and (2) recommended guidelines for the 262 Raised Bill No. 6374
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implementation of such surveys. 263
Sec. 3. (NEW) (Effective July 1, 2021) (a) On or before March 1, 2023, 264
and every two years thereafter, each institution of higher education in 265
the state shall select one of the sexual misconduct climate surveys 266
approved by the Council on Sexual Misconduct Climate Surveys, 267
pursuant to section 2 of this act, and distribute such survey to each 268
enrolled student in accordance with the guidelines recommended by 269
said council. Any institution may append to the sexual misconduct 270
climate survey additional institution or campus-specific questions, 271
provided such additional questions, if any, (1) do not require the 272
disclosure of personal identifying information, or (2) are not 273
unnecessarily traumatizing to victims of sexual assault, stalking or 274
violence. 275
(b) Each institution of higher education shall distribute with the 276
sexual misconduct climate survey a statement that (1) the anonymity of 277
survey respondents shall be protected, (2) students should not disclose 278
personal identifying information with their survey responses, and (3) no 279
survey responses may be used as a basis of investigation, disciplinary 280
action or legal proceeding. 281
(c) Not later than six months after the distribution of the sexual 282
misconduct climate survey pursuant to subsection (a) of this section, 283
and every two years thereafter, each institution of higher education in 284
the state shall (1) submit a report, in accordance with the provisions of 285
section 11-4a of the general statutes, to the joint standing committee of 286
the General Assembly having cognizance of matters relating to higher 287
education and to the Council on Sexual Misconduct Climate Surveys on 288
the summary results for each question of the sexual misconduct climate 289
survey, and (2) post on its Internet web site the campus-level results of 290
the sexual misconduct climate survey, its uniform campus crime report 291
prepared pursuant to section 10a-55a of the general statutes and an 292
Internet link to the summary results of such survey reported to the joint 293
standing committee of the General Assembly having cognizance of 294
matters relating to higher education. 295 Raised Bill No. 6374
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This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2021 10a-55m(a) and (b)
Sec. 2 July 1, 2021 New section
Sec. 3 July 1, 2021 New section
Statement of Purpose:
To (1) protect students who report being a victim or witness of sexual
assault, stalking or violence from disciplinary action by an institution of
higher education, and (2) establish a Council on Sexual Misconduct
Climate Survey to approve sexual misconduct climate surveys for use
by institutions of higher education in the state.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]