District Of Columbia Council Bill B25-0436

District Of Columbia 2023-2024 Regular Session

• Introduced: 7/14/23
• Refer: 9/19/23

Caption

Institution of Higher Education Sexual Misconduct Reporting and Resource Accessibility Act of 2023

Impact

The bill incorporates several provisions that require institutions to adopt a more comprehensive approach to addressing sexual misconduct. This includes mandatory annual training in trauma-informed responses for personnel involved in the investigative and disciplinary processes, ensuring that they are equipped to handle complaints with sensitivity and respect for the victims. Moreover, institutions will be required to provide ongoing sexual misconduct prevention and awareness programming for all students, which will be characterized as trauma-informed and gender-inclusive.

Summary

B25-0436, known as the Institution of Higher Education Sexual Misconduct Reporting and Resource Accessibility Act of 2023, aims to enhance the support and protections for individuals reporting sexual misconduct in higher education institutions in the District of Columbia. The bill mandates the appointment of a confidential resource advisor at each institution to provide ongoing and emergency support to students and employees who report incidents of sexual misconduct. This resource advisor will not only assist in navigating institutional processes but will also offer access to necessary resources to ensure the well-being and safety of reporting parties.

Contention

A significant point of contention surrounding B25-0436 is the proposed amnesty protections for reporting parties. These protections would prevent institutions from disciplining individuals for minor violations occurring around the time of a sexual misconduct incident unless it's determined that the report was made in bad faith. While supporters believe this provision encourages reporting by reducing fears of punitive repercussions, critics may argue that it could potentially allow leniency for misconduct, thereby complicating enforcement of institutional policies. Additionally, the bill emphasizes data reporting requirements to the Higher Education Licensure Commission, mandating institutions to submit annual reports detailing allegations and outcomes related to sexual misconduct.