HB2772 HD1.DOC

SECTION 1. The legislature finds that the affirmative consent task force, established by Act 222, Session Laws of Hawaii 2015, reviewed and made preliminary recommendations on the University of Hawaii executive policy regarding sexual harassment, sexual assault, domestic violence, dating violence, and stalking.

The legislature finds that this issue is a matter of statewide concern that falls under its purview pursuant to article X, section 6, of the Hawaii State Constitution.

The purpose of this Act is to adopt the preliminary recommendations of the affirmative consent task force.

SECTION 2. Chapter 304A, Hawaii Revised Statutes, is amended by adding a new section to subpart A of part I to be appropriately designated and to read as follows:

"§304A- Campus safety and accountability. (a) The University of Hawaii shall:

(1) Train all University of Hawaii students and employees, including security personnel, Title IX coordinators, and residential advisors, on:

(A) Public Law 92-318, Title IX of the federal Education Amendments of 1972, as amended;

(B) The Violence Against Women Act of 1994, as amended; and

(C) University of Hawaii executive policies on sexual harassment, sexual assault, domestic violence, dating violence, and stalking;

(2) Provide all existing University of Hawaii employees with the training described in paragraph (1) by December 31, 2016, and every two years thereafter;

(3) Provide all new University of Hawaii employees with the training described in paragraph (1) no later than thirty days after the date of first employment;

(4) Provide all students with the training described in paragraph (1) annually;

(5) Prohibit any student who does not complete the training described in paragraph (1), as required by paragraph (4), from registering for classes the next semester and from graduating;

(6) At each campus of the University of Hawaii system, designate a confidential advocate for students to confidentially discuss incidents of, and obtain information on, sexual harassment, sexual assault, domestic violence, dating violence, stalking, and related issues;

(7) Publicize the name, location, phone number, and email address of the confidential advocate on the website of each respective campus; and

(8) Inform victims in writing of the right to file a police report with the appropriate county police department for investigation and assist victims in submitting the police report.

(b) All University of Hawaii faculty members are designated as "responsible employees" under Public Law 92-318, Title IX of the federal Education Amendments of 1972, as amended, and shall report any violations of University of Hawaii executive policies regarding sexual harassment, sexual assault, domestic violence, dating violence, and stalking to the Title IX coordinator of the faculty member's campus; provided that any faculty member designated as a confidential advocate pursuant to subsection (a)(6) shall not be a "responsible employee"; provided further that the confidential advocate shall provide general statistics to the Title IX coordinator on an annual basis about the number and type of incidents received by the confidential advocate.

(1) Between a University of Hawaii student and a University of Hawaii faculty member;

(2) Between a University of Hawaii graduate student assistant and a University of Hawaii faculty member; and

(3) Between a University of Hawaii graduate student assistant and a University of Hawaii staff member,

are prohibited.

(d) Any student who reports an incident of sexual assault, including incidents in which the student making the report is under the age of twenty-one and has consumed alcohol, shall not be subject to disciplinary action by the University of Hawaii for acts evidenced by information provided by the student or information obtained based upon information provided by the student.

(e) Starting no later than December 31, 2016, the University of Hawaii shall conduct a campus climate survey of all students every two years. The University of Hawaii shall submit a report to the legislature no later than twenty days before the convening of each regular session that shall include:

(1) A summary of the most recent campus climate survey results;

(2) Information on the number of sexual assaults that occurred on a University of Hawaii system campus within the past five years; and

(3) Recommendations and efforts to improve campus safety and accountability.

(f) The University of Hawaii shall establish policies and procedures to effectuate this section."

SECTION 3. (a) No later than December 31, 2016, the University of Hawaii shall revise, as necessary, all University of Hawaii executive policies regarding:

(1) Student conduct;

(2) Nondiscrimination;

(3) Complaint procedures;

(4) Campus security;

(5) Alcohol consumption;

(6) Housing; and

(7) Workplace nonviolence,

that conflict with any University of Hawaii executive policy regarding sexual harassment, sexual assault, domestic violence, dating violence, and stalking, including University of Hawaii executive policy number 1.204.

(b) The University of Hawaii shall enter into memoranda of understanding with all county police departments by December 31, 2016, to govern communications and procedures for addressing sexual assaults that occur on University of Hawaii system campuses.

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2525.

HOUSE OF REPRESENTATIVES	H.B. NO.	2772
TWENTY-EIGHTH LEGISLATURE, 2016		H.D. 1
STATE OF HAWAII