HB554

SECTION 1. The legislature finds that college campuses should be safe from sexual and domestic violence. According to the Rape, Abuse & Incest National Network, the nation's largest anti-sexual violence organization, thirteen per cent of all college students experience rape or sexual assault through physical force, violence, or incapacitation. Among undergraduate students, 26.4 per cent of females and 6.8 per cent of males experience rape or sexual assault through physical force, violence, or incapacitation.

The legislature further finds that incidents of sexual and domestic violence are also pervasive on college campuses in Hawaii. More than nineteen per cent of students who were in a partnered relationship while enrolled at the University of Hawaii reported having experienced dating violence or domestic violence. In addition, about ten per cent said they had been sexually harassed or stalked, and 6.3 per cent reported nonconsensual sexual contact, according to a survey of students released by the university in January 2018.

The legislature additionally finds that a study released in the journal Radiology in August 2020 found a higher incidence of physical intimate partner violence, both in numbers and proportion, and that the injuries that victims suffered were much more severe.

Given the already elevated prevalence of sexual and domestic violence on college campuses, the legislature finds that strengthening campus safety protocols to ensure that students are adequately protected from escalating incidents of abuse is a matter of statewide concern.

The purpose of this Act is to expand protections for victims of sexual and domestic violence at the University of Hawaii by:

(1) Requiring that University of Hawaii students and employees receive training on sexual misconduct awareness and trauma informed responses;

(2) Requiring the university to ensure that any individual who participates in implementing the university's disciplinary process has training or experience in handling sexual misconduct complaints and the university's disciplinary process;

(3) Requiring that the university provide mandatory annual, trauma informed, gender inclusive, LGBTQ+ inclusive sexual misconduct primary prevention and awareness programming for all students and employees of the university; and

(4) Prohibiting the university from taking disciplinary action against individuals reporting sexual misconduct unless certain exceptions apply.

SECTION 2. Section 304A-120, Hawaii Revised Statutes, is amended to read as follows:

"§304A-120 Campus safety and accountability. (a) The University of Hawaii shall:

(1) Train University of Hawaii students enrolled at least part time and employees, including campus safety and security personnel, Title IX coordinators, confidential advocates, 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 [~~July 1, 2017,~~] December 31, 2023, and every two years thereafter;

(3) Provide all new University of Hawaii employees with [~~the~~]:

(A) The training described in paragraph (1) no later than thirty days after the date of first employment; or

(B) If the date of first employment is before December 31, 2023, the training described in paragraph (1) except paragraph (1)(D) no later than thirty days after the date of first employment and the training described in paragraph (1)(D) no later than December 31, 2023;

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

(5) Ensure that any individual who participates in the implementation of the University of Hawaii's disciplinary process, including confidential advocates, individuals responsible for resolving complaints of reported incidents, and individuals responsible for conducting a meeting, hearing, or other disciplinary proceeding or informal resolution process, has training or experience in handling sexual misconduct complaints and the university's disciplinary process to include:

(A) The effects of trauma, including any neurobiological and physical impact trauma has on a person;

(B) Cultural competence training regarding how sexual misconduct may impact students differently depending on factors that contribute to a student's cultural background, including race, color, national origin, ethnicity, religion, economic status, and sex (including gender identity, gender expression, sexual orientation, and pregnancy or parenting status);

(C) Ways to communicate sensitively and compassionately with a reporting party, including an awareness of responding with consideration of the reporting party's cultural background and providing services to the reporting party or assisting the reporting party in locating services; and

(D) Training and information regarding how dating violence, domestic violence, sexual assault, and stalking may impact students with disabilities;

[~~(5)~~] (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; provided that confidential advocates and communications received by confidential advocates shall not be exempt from any otherwise applicable mandatory reporting requirements for child and vulnerable adult neglect and abuse as provided by chapters 346 and 350;

[~~(6)~~] (7) Publicize the name, location, phone number, and e-mail address of the confidential advocate on the website of each respective campus;

[~~(7)~~] (8) Make available to students and employees written and electronic materials and training programs concerning Title IX of the Higher Education Amendments of 1972; the Violence Against Women Act of 1994; and University of Hawaii policies concerning sexual harassment, sexual assault, domestic violence, dating violence, and stalking; [~~and~~]

[~~(8)~~] (9) 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[.]; and

(10) With guidance from the office of institutional equity, confidential advocates and prevention educators, local law enforcement, and local sexual and domestic violence advocacy organizations, provide mandatory annual trauma informed, gender inclusive, LGBTQ+ inclusive sexual misconduct primary prevention and awareness programming for all students enrolled at least part time and employees of the university to include:

(A) An explanation of consent as it applies to sexual activity and sexual relationships;

(B) The role drugs and alcohol play in an individual's ability to consent;

(C) Strategies for bystander and upstander intervention and risk reduction education that include recognition of individual biases and attitudes;

(D) How to access supportive measures for reporting parties; and

(E) Culturally responsive methods to address the unique experiences and challenges faced by students based on race, color, ethnicity, national origin, religion, economic status, disability, and sex (including sexual orientation, gender identity, and pregnancy or parenting status).

(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)(5) shall not be a "responsible employee"; provided further that the confidential advocate shall annually provide general statistics to the Title IX coordinator about the number and type of incidents received by the confidential advocate.

(c) All University of Hawaii students and employees shall complete the training required under subsection (a)(1), (a)(2), (a)(3), [~~and~~] (a)(4), and (a)(10) or may be subject to fines, sanctions, or other discipline, as deemed appropriate by the University of Hawaii.

(d) The university shall not subject a reporting party or witness who asks for an investigation of sexual misconduct to a disciplinary proceeding or sanction for a violation of the university's policy related to drug or alcohol use, trespassing, unauthorized entry of university facilities, or other violations of university policy or code of conduct unless the university determines that the report of sexual misconduct was not made in good faith or the violation was egregious.

(e) If the university's code of conduct prohibits sexual activity or certain forms of sexual activity, including same-gender relationships or sexual activity, the university shall not take disciplinary action against individuals reporting sexual misconduct or non-harassing sexual activity related to the incident or other non-harassing sexual activity discovered during an investigation into the reported incident.

(f) The university shall review any disciplinary action taken against a reporting party to determine if there is a link between the disclosed sexual misconduct and the misconduct that led to the reporting party being disciplined.

(g) This section shall not be construed to limit the university's ability to establish an immunity policy for student conduct violations not mentioned in this section.

[~~(d)~~] (h) No later than March 31, 2017, and every two years thereafter, the University of Hawaii shall conduct a campus climate survey of all students. 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.

[~~(e)~~] (i) The University of Hawaii shall establish policies and procedures to effectuate this section.

(j) For purposes of this section:

"Reporting party" means a student or employee who reports having experienced an incident of sexual misconduct to the university.

"Responding party" means a student or employee who has been accused of an alleged incident of sexual misconduct.

"Sexual harassment" means unwelcome conduct of a sexual nature.

"Sexual misconduct" means an incident of sex-based discrimination, sexual harassment, sexual violence, intimate partner violence, domestic violence, sexual exploitation, stalking, harassment, or violence based on sexual orientation or gender identity or expression, or other gender-based harassment or violence.

"Trauma informed response" means a response understanding of the complexities of intimate partner violence, domestic violence, sexual assault, or stalking through training centered on the neurobiological impact of trauma, symptoms of trauma, effective and supportive techniques to address trauma, the influence of societal myths and stereotypes surrounding the causes and impacts of trauma, perpetration methodology, and how to conduct an effective investigation."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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HOUSE OF REPRESENTATIVES	H.B. NO.	554
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII