HOUSE BILL REPORT

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.

As Reported by House Committee On:

College & Workforce Development

Title: An act relating to creating a task force to provide more certainty and clarity for institutions of higher education and our communities regarding campus sexual violence policies and procedures.

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 History:

Committee Activity:

College & Workforce Development: 2/19/19, 2/20/19 [DPS].

Brief Summary of Substitute 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.

HOUSE COMMITTEE ON COLLEGE & WORKFORCE DEVELOPMENT

Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 16 members: Representatives Hansen, Chair; Leavitt, Vice Chair; Van Werven, Ranking Minority Member; Gildon, Assistant Ranking Minority Member; Graham, Assistant Ranking Minority Member; Bergquist, Kraft, Mead, Paul, Pollet, Ramos, Rude, Sells, Slatter, Sutherland and Young.

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 United States 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 The DOE rescinded policies previously published in 2014 and is in engaged in new rulemaking.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.

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Summary of Substitute 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 change. 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 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 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.

Substitute Bill Compared to Original Bill:

The substitute bill: (1) specifies that the task force must include a representative from the state sexual assault coalition, rather than a "sexual assault advocate;" (2) adds the Superintendent of Public Instruction to the list of task force members; and (3) removes the term "joint legislative task force" from the title of the task force, and removes the requirement that the House of Representatives and Senate pay for the expenses of the task force. 

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Appropriation: None.

Fiscal Note: Requested on February 14, 2019.

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

Staff Summary of Public Testimony:

(In support) It is possible there will be a number of changes to Title IX. The goal of the bill is to maintain current protections for survivors.  The task force will look at issues of federal preemption and find a consistent legal framework under state law.  The changes being proposed on the federal level would make schools less safe for all students and could potentially discourage assault victims from reporting.  The federal law provides the "floor" and states should be able to provide more protections.  Schools need to have stronger protections and clear guidelines.  The task force is a first step.

(Opposed) None.

Persons Testifying: Representative Pellicciotti, prime sponsor; Andrea Piper-Wentland, Washington Coalition of Sexual Assault Programs; Paul Francis, Council of Presidents; Joe Holliday, State Board of Community and Technical Colleges; Fajer Saeed Ebrahim, Legal Voice; Scarlett Dahl; Maya Greenberg; and Zackary Turner, Washington Students Association.

Persons Signed In To Testify But Not Testifying: None.