Bill Text: NJ A2118 | 2014-2015 | Regular Session | Amended

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Bill Title: Authorizes Attorney General to impose a fine against institution of higher education that fails to appropriately respond to a student's allegation of sexual assault by another student.*

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Engrossed - Dead) 2014-12-15 - Received in the Senate, Referred to Senate Higher Education Committee [A2118 Detail]

Download: New_Jersey-2014-A2118-Amended.html

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[First Reprint]

ASSEMBLY, No. 2118

STATE OF NEW JERSEY

216th LEGISLATURE

INTRODUCED JANUARY 16, 2014

 

 

Sponsored by:

Assemblyman  REED GUSCIORA

District 15 (Hunterdon and Mercer)

Assemblywoman  BONNIE WATSON COLEMAN

District 15 (Hunterdon and Mercer)

Assemblyman  UPENDRA J. CHIVUKULA

District 17 (Middlesex and Somerset)

Assemblywoman  VALERIE VAINIERI HUTTLE

District 37 (Bergen)

 

Co-Sponsored by:

Assemblywomen Stender, Pinkin and Assemblyman Benson

 

 

 

 

SYNOPSIS

     Authorizes Attorney General to impose fine against institution of higher education that fails to appropriately respond to student's allegation of sexual assault by another student.

 

CURRENT VERSION OF TEXT

     As amended by the General Assembly on June 26, 2014.

 

An Act concerning sexual assault at institutions of higher education and supplementing chapter 61E of Title 18A of the New Jersey Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  The ¹[Secretary of Higher Education] Attorney General¹ shall impose a penalty of ¹[$10,000] up to $50,000¹ against an institution of higher education in the event that the ¹[secretary] Attorney General¹ determines that the institution failed to appropriately respond to and investigate an allegation of sexual assault made by a student enrolled in the institution against another such student, and to impose appropriate disciplinary action against the perpetrator if the allegation is substantiated. ¹The Attorney General shall determine the amount of the fine in accordance with criteria that he shall establish. The Attorney General shall increase the amount of the fine imposed for each repeated violation by an institution, except that a fine shall not exceed $50,000.¹

     b.    ¹At the beginning of each academic year, an institution of higher education shall communicate to each student, via regular or electronic mail, its policies and procedures concerning the reporting and investigation of an allegation of sexual assault made by a student enrolled in the institution against another student, and shall provide for public inspection on its website the "Campus Sexual Assault Victim's Bill of Rights" established pursuant to P.L.1994, c.160 (C.18A:61E-1 et seq.).

     c.¹   The civil penalty prescribed by subsection a. of this section shall be collected and enforced by summary proceedings pursuant to the provisions of the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).

     2.    This act shall take effect immediately.