March 15, 2018, Introduced by Senator JONES and referred to the Committee on Judiciary.
A bill to require certain individuals to report suspected
sexual assaults of postsecondary students; to provide for the
protection of postsecondary students who are sexually assaulted;
and to prescribe penalties.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"postsecondary student protection act".
Sec. 2. As used in this act:
(a) "Postsecondary educational institution" means a degree- or
certificate-granting public or private college or university,
junior college, or community college that is located in this state.
(b) "Postsecondary interscholastic athletic activity" means a
program or event offered by a postsecondary educational
institution, including practice and competition, during which
athletes participate or practice to participate in an organized
athletic game or competition against another school, team, club,
entity, or individual.
(c) "Sexual assault" means an act, attempted act, or
conspiracy to engage in an act of criminal conduct as defined in
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.
(d) "Student" means an individual who is 18 years of age or
more and who is enrolled in an educational program at a
postsecondary educational institution or is a participant in a
postsecondary interscholastic athletic activity.
Sec. 3. If an individual who is employed in a professional
capacity at a postsecondary educational institution or is paid or
volunteers to conduct postsecondary interscholastic athletic
activities has reasonable cause to suspect that a student has been
the victim of a sexual assault at the institution or while
attending or participating in any program, activity, or event
sponsored or otherwise provided or supported by the institution,
that individual shall make an immediate report of the facts giving
rise to that suspicion to a law enforcement agency in the county in
which the incident is suspected to have occurred. If the reporting
individual is a member of the staff of the institution, he or she
shall notify the individual in charge of the institution of his or
her finding and that the report has been made. A notification to
the individual in charge of the institution does not relieve the
member of the staff of the institution of the obligation of
reporting to a law enforcement agency as required by this section.
One report from the institution is adequate to meet the reporting
requirement. A member of the institution shall not be dismissed or
otherwise penalized for making a report required by this act or for
cooperating in an investigation.
Sec. 4. (1) An individual who is required by this act to
report an instance of suspected sexual assault and who fails to do
so is civilly liable for the damages proximately caused by the
failure.
(2) An individual who by his or her paid employment is
required by this act to report an instance of suspected sexual
assault, who has direct knowledge of the nature of the suspected
sexual assault, and who willfully and knowingly fails to report is
guilty of a felony punishable by imprisonment for not more than 2
years or a fine of not less than $1,000.00, or not more than
$5,000.00, or both.
(3) An individual who is a volunteer required by this act to
report an instance of suspected sexual assault, who has direct
knowledge of the nature of the suspected sexual assault, and who
willfully and knowingly fails to report is guilty of a misdemeanor
punishable by imprisonment for not more than 1 year or a fine of
not more than $1,000.00, or both.
(4) If an individual described in subsection (2) or (3)
commits a second or subsequent offense as described in subsection
(2) or (3), the individual is guilty of a felony punishable by
imprisonment for not more than 7 years or a fine of not more than
$15,000.00, or both.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.
Enacting section 2. This act does not take effect unless
Senate Bill No. 904
of the 99th Legislature is enacted into law.