HOUSE BILL No. 4380

 

 

March 14, 2019, Introduced by Reps. Anthony, Pagan, Hornberger, Glenn, Alexander, Witwer, Pohutsky, Brixie, Clemente, Ellison, Guerra, Hammoud, Hoadley, Garza, Whiteford, LaGrand, Rendon, Kuppa, Sabo, Bolden, Cynthia Johnson, Elder, Camilleri, Sowerby, Whitsett, Hertel, Koleszar, Sneller, Kennedy, Tyrone Carter, Shannon, Tate, Lasinski, Greig, Byrd, Warren, Jones, Rabhi, Wittenberg and Gay-Dagnogo and referred to the Committee on Judiciary.

 

     A bill to create the office of the higher education sexual

 

assault prevention, advocacy, and resource officer within the

 

department of civil rights; to prescribe the powers and duties of

 

the office, the advocacy officer, and certain state governmental

 

officers and entities; and to provide for an appropriation.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"higher education sexual assault prevention, advocacy, and resource

 

officer act".

 

     Sec. 2. As used in this act:

 

     (a) "Advocacy officer" means the higher education sexual

 

assault prevention, advocacy, and resource officer.

 

     (b) "Department" means the department of civil rights.

 

     (c) "Institution of higher education" means a degree- or


certificate-granting public or private college or university,

 

junior college, or community college in this state.

 

     (d) "Office" means the office of the higher education sexual

 

assault prevention, advocacy, and resource officer created under

 

this act.

 

     (e) "Sexual assault" means a violation or attempted violation

 

of section 520b, 520c, 520d, 520e, or 520g of the Michigan penal

 

code, 1931 PA 328, MCL 750.520b, 750.520c, 750.520d, 750.520e, and

 

750.520g.

 

     Sec. 3. (1) The office of the higher education sexual assault

 

prevention, advocacy, and resource officer is created within the

 

department.

 

     (2) The principal executive officer of the office of the

 

higher education sexual assault prevention, advocacy, and resource

 

officer is the higher education sexual assault prevention,

 

advocacy, and resource officer who shall be appointed by and serve

 

at the pleasure of the department. An individual appointed to serve

 

as the higher education sexual assault prevention, advocacy, and

 

resource officer must be qualified by training and experience to

 

perform the duties and exercise the powers of the higher education

 

sexual assault prevention, advocacy, and resource officer and the

 

office of the higher education sexual assault prevention, advocacy,

 

and resource officer as provided in this act.

 

     Sec. 4. Under the supervision of the department, exercised in

 

consultation with experts on sexual assault and sexual harassment,

 

including, but not limited to, the Michigan domestic and sexual

 

violence prevention and treatment board created under Executive


Order No. 2012-17, the advocacy officer shall do all of the

 

following:

 

     (a) Advocate for students at institutions of higher education

 

who may be victims of sexual assaults committed on the campuses of

 

those institutions or at programs, activities, or events sponsored

 

or otherwise provided or supported by those institutions.

 

     (b) Encourage institutions of higher education to improve the

 

quality and coordination of services they provide to assist

 

students who may be victims of sexual assaults on their campuses or

 

at programs, activities, or events that they sponsor or otherwise

 

provide or support.

 

     (c) Encourage institutions of higher education to improve the

 

quality and coordination of preventive and corrective measures

 

taken by those institutions to mitigate the likelihood and effects

 

of sexual assaults on their campuses or at programs, activities, or

 

events that they sponsor or otherwise provide or support,

 

including, but not limited to, all of the following:

 

     (i) Institutional policies, procedures, and protocols for

 

responding to and reporting incidents of sexual assaults of

 

students.

 

     (ii) Sexual assault prevention and response training for

 

institutional personnel.

 

     (iii) Sexual assault prevention and response presentations or

 

courses for students.

 

     (iv) Publication of information about campus and community

 

resources available to student-victims of sexual assaults.

 

     (d) Promote public awareness of the issue of sexual assault at


institutions of higher education.

 

     (e) Provide information and referral services to students who

 

may be victims of sexual assaults at institutions of higher

 

education to ensure that their rights are protected.

 

     (f) Provide information to students who may be victims of

 

sexual assaults at institutions of higher education regarding

 

programs and services provided for them by each level of

 

government.

 

     (g) Promote new services, when necessary, for student-victims

 

of sexual assaults at institutions of higher education.

 

     (h) Maintain statistics, facts, and data pertaining to the

 

incidence and nature of sexual assaults of students at institutions

 

of higher education.

 

     (i) Provide technical assistance to institutions of higher

 

education regarding preventive and corrective measures to mitigate

 

the likelihood and effects of sexual assaults on their campuses or

 

at programs, activities, or events that they sponsor or otherwise

 

provide or support.

 

     (j) Coordinate efforts to identify campus sexual assault

 

systems' response practices in order to remove barriers to victims

 

receiving helping services and reporting, and, as needed, convene

 

working group and campus response experts to identify gaps and

 

solutions.

 

     (k) Coordinate and collaborate with the department of state

 

police, the department of health and human services, and any other

 

state agency with responsibilities that include preventing sexual

 

assault on college campuses to review and evaluate the use of state


funds dedicated to sexual assault prevention, including, but not

 

limited to, grants awarded under the campus sexual assault grant

 

program administered by the Michigan state police, and make

 

recommendations to state agencies, the legislature, and the

 

governor regarding proposed legislation, rules, hearings, future

 

funding allocations, and investigations considered necessary or

 

proper to promote student safety at institutions of higher

 

education.

 

     Sec. 5. Under the supervision of the department, the advocacy

 

officer may do any of the following:

 

     (a) Except as otherwise provided by law and with the written

 

consent of a student who may be a victim of sexual assault, obtain

 

access to all information, records, and documents in the possession

 

of an institution of higher education pertaining to the possible

 

sexual assault and that the advocacy officer considers necessary in

 

the performance of his or her duties set forth in section 4.

 

     (b) Request and receive from an institution of higher

 

education a progress report concerning the processing of any report

 

of sexual assault made to the institution by a student.

 

     Sec. 6. (1) The advocacy officer shall submit an annual report

 

on the conduct of the office to the department and the chairpersons

 

of all committees in both houses of the legislature responsible for

 

the oversight of institutions of higher education. A report under

 

this section must be posted to the department's website, must

 

address specific issues as prescribed by the department, and must

 

not disclose the identity of any individual who may have been

 

involved in any way, as a complainant, respondent, witness, or


otherwise, in any alleged sexual assault.

 

     (2) In addition to the annual report described in subsection

 

(1), the office may, as needed, provide intermediate reports

 

relating to specific matters of concern.

 

     Sec. 7. Except as provided in section 11 of the child

 

protection law, 1975 PA 238, MCL 722.631, any communication between

 

the advocacy officer and any person regarding a possible sexual

 

assault shall be treated as confidential.

 

     Sec. 8. Any record owned, used, possessed, or retained by the

 

office in the performance of an official function of the office,

 

and all records kept by the advocacy officer, are exempt from

 

disclosure under the freedom of information act, 1976 PA 442, MCL

 

15.231 to 15.246.

 

     Sec. 9. The department shall promulgate rules to implement

 

this act pursuant to the administrative procedures act of 1969,

 

1969 PA 306, MCL 24.201 to 24.328.

 

     Sec. 10. The legislature shall annually appropriate a sum

 

sufficient to implement this act.

 

     Enacting section 1. This act takes effect 90 days after the

 

date it is enacted into law.