Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

College & Workforce Development Committee

HB 1998

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 a task force on sexual violence at institutions of higher education.

Sponsors: Representatives Pellicciotti, Leavitt, Jinkins, Callan, Stonier, Valdez, Frame, Stanford, Pollet, Tarleton, Bergquist, Santos, Macri and Doglio.

Brief Summary of Bill

  • Creates a joint legislative task force on Title IX protections and compliance, to examine options, develop model policies, and recommend oversight on campus sexual violence at institutions of higher education.

Hearing Date: 2/19/19

Staff: Trudes Tango (786-7384).

Background:

Title IX refers to the federal law that prohibits discrimination on the basis of sex in federally funded educational benefits, programing, or activities. Every institution of higher education that accepts federal funds must comply with Title IX. Under Title IX, institutions of higher education must adopt grievance procedures providing for the "prompt and equitable" resolution of sex discrimination complaints.

In September 2017, the U.S. Department of Education (DOE) issued new guidance regarding how institutions of higher education address sexual harassment and sexual violence under Title IX. The DOE rescinded policies previously published in 2014 and is in engaged in new rulemaking.

In addition to Title IX, there are other federal laws, such as the Clery Act and the Violence Against Women Act, that require institutions of higher education to report on campus sexual violence and develop policy statements on preventing sexual violence. State laws also require institutions of higher education to develop regulations and guidelines to eliminate sex discrimination.

In 2015, the Legislature created a campus sexual violence prevention task force to, among other things, develop best practices and recommendations to promote awareness of campus sexual violence, enhance student safety, improve institutions' policies, and improve collaboration between institutions and law enforcement. The task force issued a final report in 2016 with recommendations on funding, prevention education, training, communications, and other issues.

Summary of Bill:

The Legislature recognizes that institutions of higher education must have policies that are consistent with overlapping state and federal laws and that Title IX regulations are subject to changes. The Legislature intends to create a task force to analyze and recommend changes to state laws, regulations, policies, and procedures to ensure institutions of higher education have robust, trauma-informed, and survivor-centered policies in the event federal regulations under Title IX erode.

A joint legislative task force on Title IX protections and compliance (task force) is established. Members of the task force consist of:

The task force must choose its chair from among its legislative membership and the chair must convene the first meeting by July 1, 2019.

The task force must:

The Washington Student Achievement Council must provide staff support for the task force. The expenses of the task force must be paid jointly by the Senate and the House. The task force must report its findings and recommendations to the appropriate committees of the Legislature by December 1, 2019.

The task force expires January 1, 2021.

Appropriation: None.

Fiscal Note: Requested on February 14, 2019.

Effective Date: The bill contains an emergency clause and takes effect immediately.