Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Higher Education Committee

SSB 5518

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Creating procedures to address campus sexual violence.

Sponsors: Senate Committee on Higher Education (originally sponsored by Senators Kohl-Welles, Litzow, Frockt, Darneille, McAuliffe, Liias, Dammeier, Fain, Keiser, Hasegawa and Habib).

Brief Summary of Substitute Bill

  • Prohibits the institutions of higher education from establishing different disciplinary processes for a matter of sexual violence on the same campus, based on the status or characteristics of the student involved.

  • Requires the institutions to develop and distribute policies and procedures for handling complaints of sexual violence.

  • Specifies that the institutions must make information available annually regarding their compliance with campus sexual violence confidentiality and reporting requirements.

  • Directs the institutions to conduct a campus climate assessment to gauge the prevalence of sexual assault on their campuses and report their findings to the Governor and the Legislature by December 31, 2016.

  • Requires the public institutions and the Independent Colleges of Washington to submit reports to the Governor and the Legislature by July 1, 2016, on steps taken to enter into memoranda of understanding with local law enforcement related to the prevention and response to sexual assault.

Hearing Date: 3/24/15

Staff: Megan Wargacki (786-7194).

Background:

Sexual Violence.

Sexual violence, generally, refers to physical sexual acts perpetrated against a person’s will or when a person is incapable of giving consent. These acts include rape, sexual assault, sexual battery, sexual abuse, and sexual coercion. Sexual violence can be carried out by school employees, other students, or third parties. All such acts of sexual violence are considered forms of sex discrimination that are prohibited under Title IX of the Education Amendments of 1972 (Title IX).

Federal Laws Related to Sexual Violence and Campus Safety.

Title IX is a federal civil rights law that prohibits discrimination based on sex in federally funded education programs and activities. Under Title IX, a public or private institution of higher education receiving federal financial assistance must respond promptly and effectively to reports of sexual violence. Title IV of the 1964 Civil Rights Act also requires public schools to respond to sexual assaults committed against their students.

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) requires federally funded institutions of higher education to provide current and prospective students and employees, the public, and the Department of Education with crime statistics and information about campus crime prevention programs and policies. Among other crimes, the Clery Act requires that institutions report forcible sex offenses including sexual assault and rape.

The Violence Against Women Reauthorization Act of 2013 amended the Violence Against Women Act and the Clery Act to provide new requirements for schools to prevent and respond to sexual violence, domestic violence, dating violence, and stalking. These requirements include: providing primary prevention education and awareness programs for all incoming students and employees; collecting statistics on domestic violence, dating violence, and stalking, in addition to current requirements to collect sexual assault statistics; issuing complainants a written notice of their rights; and adopting grievance policies that are prompt, fair, and impartial, as well as administered by trained officials. These updates are sometimes referred to as the Campus Sexual Violence Elimination Act or Campus SaVE Act.

White House Task Force to Protect Students from Sexual Assault.

In April 2014, the White House Task Force to Protect Students from Sexual Assault issued its first report, which includes the following action steps and recommendations:

  1. Campus climate surveys will name and determine the extent of the problem.

  2. Prevention programs can change attitudes and behavior, then culture; to be most effective, these programs need to engage men.

  3. Effective response to sexual assault on campus includes having a confidential place victims can go to report the assault, comprehensive sexual misconduct policies, trauma-informed training for school officials, better school disciplinary systems, and partnerships with the community.

  4. Enforcement efforts must be improved and must be more transparent.

State Laws Related to Campus Safety.

Prior to 2012, public institutions of higher education in Washington were required to:

In 2012 Substitute House Bill 2259 repealed these requirements. The stated intent was to remove requirements that were duplicative of federal reporting requirements.

Public institutions of higher education are required to develop and distribute policies and procedures for handling complaints of sexual harassment, as part of an overall effort to eliminate possible gender discrimination to students.

Summary of Bill:

Disciplinary Process.

Public institutions of higher education must not establish different disciplinary processes for a matter of sexual violence on the same campus, based on the status or characteristics of the student involved in that disciplinary proceeding, including membership on an athletic team, membership in a fraternity or sorority, or academic year.

Sexual Violence Policies.

Public institutions of higher education must develop and distribute policies and procedures for handling complaints of sexual violence, which should include information about the institution's Title IX compliance office or other individuals responsible for handling sexual violence violations and potential criminal conduct. Institutions must annually distribute these policies and procedures in writing or electronically to all students and employees.

Notification of Policies, Procedures, and Compliance.

Public institutions of higher education must make information available on an annual basis to all current and prospective students and employees regarding:

This information and other information and support must be made available on a confidential basis to all campus sexual assault survivors, regardless of whether the survivor chooses to proceed with a formal report of sexual assault.

Campus Climate Assessment.

The public four-year institutions of higher education must conduct a campus climate assessment to gauge the prevalence of sexual assault on their campuses. The State Board for Community and Technical Colleges (SBCTC) must conduct a uniform campus climate assessment of community and technical colleges to gauge the prevalence of sexual assault on community and technical college campuses. The campus climate assessment should include:

The public four-year institutions and the SBCTC must report their findings to the Governor and the Legislature by December 31, 2016. The report must also include a plan or proposal to undertake a statewide public awareness campaign on campus sexual violence. The findings must include an evaluation of student and employee attitudes and awareness of campus sexual violence issues and, if needed, should provide recommendations for making improvements in addressing and preventing sexual violence on and off campus. An assessment conducted to comply with new federal requirements pertaining to campus climate assessments fulfills these requirements.

This section expires July 1, 2017.

Memoranda of Understanding.

The SBCTC, the Council of Presidents, and the Independent Colleges of Washington must submit reports to the Governor and the Legislature by July 1, 2016, on steps taken by their institutions to enter into memoranda of understanding with local law enforcement describing each party's respective roles and responsibilities related to the prevention and response to sexual assault.

This section expires December 31, 2016.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.