Substitute House Bill No. 6374
Public Act No. 21-81
AN ACT CONCERNING SEXUAL MISCONDUCT ON COLLEGE
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
statutes are repealed and the following is substituted in lieu thereof
(Effective July 1, 2021):
(a) For purposes of this section, [and] sections 10a-55n to 10a-55q,
inclusive, and sections 2 and 3 of this act:
(1) "Affirmative consent" means an active, clear and voluntary
agreement by a person to engage in sexual activity with another person;
(2) "Awareness programming" means institutional action designed to
inform the campus community of the affirmative consent standard used
pursuant to subdivision (1) of subsection (b) of this section, and
communicate the prevalence of sexual assaults, stalking and intimate
partner violence, including the nature and number of cases of sexual
assault, stalking and intimate partner violence reported at or disclosed
to each institution of higher education in the preceding three calendar
years, including, but not limited to, poster and flyer campaigns,
electronic communications, films, guest speakers, symposia,
conferences, seminars or panel discussions; Substitute House Bill No. 6374
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(3) "Bystander intervention" means the act of challenging the social
norms that support, condone or permit sexual assault, stalking and
intimate partner violence;
(4) "Institution of higher education" means an institution of higher
education, as defined in section 10a-55, and a for-profit institution of
higher education licensed to operate in this state, but shall not include
Charter Oak State College for purposes of subsections (c) and (f) of this
section and sections 10a-55n to 10a-55p, inclusive;
(5) "Intimate partner violence" means any physical or sexual 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-70b of the general statutes, revision of 1958, revised
to January 1, 2019, or section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or
53a-73a, stalking under section 53a-181c, 53a-181d or 53a-181e, or family
violence as designated under section 46b-38h;
(6) "Primary prevention programming" means institutional action
and strategies intended to prevent sexual assault, stalking and intimate
partner violence before it occurs by means of changing social norms and
other approaches, including, but not limited to, poster and flyer
campaigns, electronic communications, films, guest speakers, symposia,
conferences, seminars or panel discussions;
(7) "Sexual assault" means a sexual assault under section 53a-70, 53a-
70a, 53a-71, 53a-72a, 53a-72b or 53a-73a;
(8) "Stalking" means stalking under section 53a-181c, 53a-181d or 53a-
181e; and
(9) "Uniform campus crime report" means a campus crime report
prepared by an institution of higher education pursuant to section 10a-
55a. Substitute House Bill No. 6374
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(b) Each institution of higher education shall adopt and disclose in
such institution's annual uniform campus crime report one or more
policies regarding sexual assault, stalking and intimate partner violence.
Such policy or policies shall include provisions for:
(1) Informing students and employees that, in the context of an
alleged violation of the policy or policies regarding sexual assault and
intimate partner violence, (A) affirmative consent is the standard used
in determining whether consent to engage in sexual activity was given
by all persons who engaged in the sexual activity, (B) affirmative
consent may be revoked at any time during the sexual activity by any
person engaged in the sexual activity, (C) it is the responsibility of each
person to ensure that he or she has the affirmative consent of all persons
engaged in the sexual activity to engage in the sexual activity and that
the affirmative consent is sustained throughout the sexual activity, (D)
it shall not be a valid excuse to an alleged lack of affirmative consent
that the student or employee responding to the alleged violation
believed that the student or employee reporting or disclosing the
alleged violation consented to the sexual activity (i) because the
responding student or employee was intoxicated or reckless or failed to
take reasonable steps to ascertain whether the student or employee
reporting or disclosing the alleged violation affirmatively consented, or
(ii) if the responding student or employee knew or should have known
that the student or employee reporting or disclosing the alleged
violation was unable to consent because such student or employee was
unconscious, asleep, unable to communicate due to a mental or physical
condition, or incapacitated due to the influence of drugs, alcohol or
medication, and (E) the existence of a past or current dating or sexual
relationship between the student or employee reporting or disclosing
the alleged violation and the responding student or employee, in and of
itself, shall not be determinative of a finding of affirmative consent;
(2) Detailing the procedures that students and employees of the Substitute House Bill No. 6374
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institution who report or disclose being the victim of sexual assault,
stalking or intimate partner violence may follow after the commission
of such assault, stalking or violence, regardless of where such incidences
occurred, including persons or agencies to contact and information
regarding the importance of preserving physical evidence of such
assault, stalking or violence;
(3) Providing students and employees of the institution who report
or disclose being the victim of sexual assault, stalking or intimate
partner violence both concise, written contact information for and, if
requested, professional assistance in accessing and utilizing campus,
local advocacy, counseling, health and mental health services, and
concise information, written in plain language, concerning the rights of
such students and employees to (A) notify law enforcement of such
assault, stalking or violence and receive assistance from campus
authorities in making any such notification, 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 section 46b-15, 46b-38c, 53a-40e, 54-1k, 54-82q
or 54-82r, against the perpetrator of such assault, stalking or violence;
(4) Notifying such students and employees of any reasonably
available options for and available assistance from such institution in
changing academic, living, campus transportation or working situations
in response to [such] sexual assault, stalking or intimate partner
violence;
(5) Honoring any lawful protective or temporary restraining orders,
including, but not limited to, orders issued pursuant to section 46b-15,
46b-38c, 53a-40e, 54-1k, 54-82q or 54-82r;
(6) Disclosing a summary of such institution's student investigation
and disciplinary procedures, including clear statements advising that
(A) a student or employee who reports or discloses being a victim of Substitute House Bill No. 6374
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[such] sexual assault, stalking or intimate partner violence shall have the
opportunity to request that an investigation begin promptly, (B) the
investigation and any disciplinary proceedings shall be conducted by
an official trained annually in issues relating to sexual assault, stalking
and intimate partner violence and shall use the preponderance of the
evidence standard in making a determination concerning the alleged
assault, stalking or violence, (C) both the student or employee who
reports or discloses the alleged assault, stalking or violence and the
student responding to such report or disclosure (i) are entitled to be
accompanied to any meeting or proceeding relating to the allegation of
such assault, stalking or violence by an advisor or support person of
their choice, provided the involvement of such advisor or support
person does not result in the postponement or delay of such meeting as
scheduled, and (ii) shall have the opportunity to present evidence and
witnesses on their behalf during any disciplinary proceeding, (D) both
the student or employee reporting or disclosing the alleged assault
stalking or violence and such responding student 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, (E)
the institution of higher education shall not disclose the identity of any
party to an investigation or disciplinary proceeding, except as necessary
to carry out the investigation or disciplinary proceeding or as permitted
under state or federal law, [and] (F) a standard of affirmative consent is
used in determining whether consent to engage in sexual activity was
given by all persons who engaged in the sexual activity, and (G) a
student or employee who reports or discloses the alleged assault,
stalking or violence shall not be subject to disciplinary action by the
institution of higher education for violation of a policy of such
institution concerning the use of drugs or alcohol if (i) the report or
disclosure was made in good faith, and (ii) the violation of such policy
did not place the health or safety of another person at risk;
(7) Disclosing a summary of such institution's employee investigation Substitute House Bill No. 6374
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and disciplinary procedures, including clear statements advising that a
standard of affirmative consent is used in determining whether consent
to engage in sexual activity was given by all persons who engaged in
the sexual activity; and
(8) Disclosing the range of sanctions that may be imposed following
the implementation of such institution's student and employee
disciplinary procedures in response to such assault, stalking or violence.
Sec. 2. (NEW) (Effective July 1, 2021) (a) There is established a Council
on Sexual Misconduct Climate Assessments, which shall be part of the
Legislative Department. The council shall have the following powers
and duties: (1) Develop a list of data points to be collected by institutions
of higher education through student responses to sexual misconduct
climate assessments. Such data points shall include, but not be limited
to, data regarding (A) student awareness of institutional policies and
procedures related to sexual assault, stalking and intimate partner
violence, (B) if a student reported sexual assault, stalking or violence to
an institution of higher education or law enforcement, the response to
and results of such report, and (C) student perceptions of campus safety;
(2) recommend one or more sexual misconduct climate assessments that
collect the data points identified by the council; (3) recommend
guidelines for the implementation of such assessments, which shall
include, but need not be limited to, procedures for (A) achieving a high
rate of response to such assessments to ensure statistically accurate
survey results, (B) protecting the confidentiality of respondents to such
assessments, and (C) receiving responses to such assessments from as
broad and diverse a segment of the student population as possible; and
(4) perform such other acts as may be necessary and appropriate to carry
out the duties described in this section.
(b) The council shall consist of the following members:
(1) The cochairpersons of the joint standing committee of the General Substitute House Bill No. 6374
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Assembly having cognizance of matters relating to higher education
and employment advancement;
(2) One appointed by the speaker of the House of Representatives,
who has expertise in the development and design of sexual misconduct
climate assessments;
(3) One appointed by the president pro tempore of the Senate, who
has expertise in statistics, data analytics or econometrics related to
higher education assessments;
(4) One appointed by the minority leader of the House of
Representatives, who shall be a representative of the Victim Rights
Center of Connecticut;
(5) One appointed by the minority leader of the Senate, who shall be
a Title IX coordinator at an institution of higher education in the state;
(6) The Commissioner of Public Health, or the commissioner's
designee;
(7) The president of The University of Connecticut, or the president's
designee;
(8) Two designated by the Board of Regents for Higher Education,
one of whom represents the Connecticut State University System and
one of whom represents the regional community-technical college
system;
(9) One designated by the Connecticut Conference of Independent
Colleges, who represents the independent institutions of higher
education in the state;
(10) Three designated by the Connecticut Alliance to End Sexual
Violence, one of whom is a victim of sexual assault or intimate partner
violence who resides in a rural community in the state, one of whom is Substitute House Bill No. 6374
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a victim of sexual assault or intimate partner violence who resides in an
urban community in the state and at least one of whom is a person who
is black, indigenous or a person of color;
(11) One designated by the Connecticut Coalition Against Domestic
Violence, who is a victim of intimate partner violence;
(12) One designated by True Colors, Inc., who identifies as lesbian,
gay, bisexual, transgender or a queer;
(13) The staff director of the Every Voice Coalition of Connecticut, or
the staff director's designee; and
(14) Three students, designated by the Every Voice Coalition of
Connecticut, one of whom is enrolled at a public institution of higher
education, one of whom is enrolled at an independent institution of
higher education and at least one of whom is a person who is black,
indigenous or a person of color.
(c) Any member of the council appointed or designated under
subsection (b) of this section may be a member of the General Assembly.
(d) All initial appointments to the council shall be made not later than
sixty days after the effective date of this section and shall terminate on
June 30, 2026, regardless of when the initial appointment or designation
was made. Any member of the council may serve more than one term.
(e) The cochairpersons of the joint standing committee of the General
Assembly having cognizance of matters relating to higher education
shall jointly select the chairperson of the council from among the
members of the council. The chairperson of the council shall schedule
the first meeting of the council, which shall be held not later than sixty
days after the effective date of this section.
(f) The administrative staff of the joint standing committee of the Substitute House Bill No. 6374
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General Assembly having cognizance of matters relating to higher
education shall serve as administrative staff of the council.
(g) Members of the council who are appointed or designated shall
serve for four-year terms, which shall commence on the date of
appointment, except as provided in subsection (d) of this section.
Members shall continue to serve until their successors are appointed or
designated.
(h) Any vacancy shall be filled by the appointing or designating
authority not later than thirty days after the vacancy occurs. Any
vacancy occurring other than by expiration of term shall be filled for the
balance of the unexpired term.
(i) A majority of the council shall constitute a quorum for the
transaction of any business.
(j) The members of the council shall serve without compensation, but
shall, within the limits of available funds, be reimbursed for expenses
necessarily incurred in the performance of their duties.
(k) The council shall meet as often as deemed necessary by the
chairperson or a majority of the council. Any appointed or designated
member who fails to attend three consecutive meetings or who fails to
attend fifty per cent of all meetings held during any calendar year shall
be deemed to have resigned from the council.
(l) Not later than January 1, 2022, and every two years thereafter, the
council shall submit, in accordance with the provisions of section 11-4a
of the general statutes, to the joint standing committee of the General
Assembly having cognizance of matters relating to higher education
and to each institution of higher education in the state the (1) list of data
points developed by the council, and (2) recommended sexual
misconduct climate assessments and guidelines for the implementation
of such assessments. Substitute House Bill No. 6374
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Sec. 3. (NEW) (Effective July 1, 2021) (a) On or before March 1, 2023,
and every two years thereafter, each institution of higher education in
the state shall conduct a sexual misconduct climate assessment that
collects the data points developed by the Council on Sexual Misconduct
Climate Assessments, pursuant to section 2 of this act, and distribute
such assessment to each enrolled student in accordance with the
guidelines recommended by said council. An institution may use any
sexual misconduct climate assessment, including, but not limited to, one
recommended by the council or developed by an institution of higher
education or a national association, provided such assessment collects
all of the data points developed by the council.
(b) Each institution of higher education shall include with the sexual
misconduct climate assessment a statement that (1) the identity of
assessment respondents shall be confidential, (2) students should not
disclose personally identifying information with their assessment
responses, and (3) no assessment responses may be used as a basis of
disciplinary action or legal proceeding.
(c) Not later than six months after the distribution of the sexual
misconduct climate assessment pursuant to subsection (a) of this
section, and every two years thereafter, each institution of higher
education in the state shall post on its Internet web site (1) the campus-
level results of the sexual misconduct climate assessment, (2) its uniform
campus crime report prepared pursuant to section 10a-55a of the
general statutes, and (3) an Internet link to the report submitted to the
joint standing committee of the General Assembly having cognizance of
matters relating to higher education pursuant to subsection (f) of section
10a-55m of the general statutes, as amended by this act.
Sec. 4. Subsection (f) of section 10a-55m of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021): Substitute House Bill No. 6374
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(f) Not later than October 1, 2015, and annually thereafter, each
institution of higher education shall report to the joint standing
committee of the General Assembly having cognizance of matters
relating to higher education, in accordance with the provisions of
section 11-4a, concerning, for the immediately preceding calendar year,
(1) a copy of its most recent policies regarding sexual assault, stalking
and intimate partner violence adopted in accordance with subsection (b)
of this section, or any revisions thereto, (2) a copy of its most recent
concise written notification of the rights and options of a student or
employee who reports or discloses an alleged violation of its sexual
assault, stalking and intimate partner violence policy or policies
required pursuant to subsection (e) of this section, (3) the number and
type of sexual assault, stalking and intimate partner violence
prevention, awareness and risk reduction programs at the institution,
(4) the type of sexual assault, stalking and intimate partner violence
prevention and awareness campaigns held by the institution, (5) the
number of incidences of sexual assault, stalking and intimate partner
violence reported or disclosed to such institution, (6) the number of
confidential or anonymous reports or disclosures to the institution of
sexual assault, stalking and intimate partner violence, (7) the number of
disciplinary cases at the institution related to sexual assault, stalking
and intimate partner violence, [and] (8) the final outcome of all
disciplinary cases at the institution related to sexual assault, stalking
and intimate partner violence, including, but not limited to, the outcome
of any appeals of such final outcome, to the extent reporting on such
outcomes does not conflict with federal law, and (9) on a biennial basis,
the summary results of the sexual misconduct climate assessment
conducted by the institution pursuant to section 3 of this act.