Bill Text: MI HB4381 | 2019-2020 | 100th Legislature | Introduced


Bill Title: Higher education: other; campus sexual assault response improvement plan and grant act; create. Creates new act.

Spectrum: Moderate Partisan Bill (Democrat 39-6)

Status: (Introduced - Dead) 2019-03-19 - Bill Electronically Reproduced 03/14/2019 [HB4381 Detail]

Download: Michigan-2019-HB4381-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4381

 

 

March 14, 2019, Introduced by Reps. Hoadley, Pagan, Hornberger, Glenn, Alexander, Witwer, Pohutsky, Anthony, Brixie, Clemente, Ellison, Guerra, Hammoud, Garza, Manoogian, Whiteford, LaGrand, Love, Rendon, Kuppa, Bolden, Sabo, Elder, Sowerby, Camilleri, Whitsett, Cynthia Johnson, Neeley, Hertel, Koleszar, Sneller, Kennedy, Tyrone Carter, Shannon, Hauck, Tate, Lasinski, Greig, Byrd, Garrett, Warren, Rabhi, Jones, Wittenberg and Gay-Dagnogo and referred to the Committee on Judiciary.

 

     A bill to create the campus sexual assault response

 

improvement plan and grant act; to require certain reporting; to

 

create the campus sexual assault response improvement grant fund;

 

to provide for the use of the fund; and to provide for the powers

 

and duties of certain state officers and entities.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"campus sexual assault response improvement plan and grant act".

 

     Sec. 3. As used in this act:

 

     (a) "Department" means the department of health and human

 

services.

 

     (b) "Fund" means the campus sexual assault response


improvement grant fund created in section 7.

 

     (c) "Institution of higher education" means an institution of

 

higher education, a public community college, or a public junior

 

college described in sections 4 to 7 of article VIII of the state

 

constitution of 1963.

 

     (d) "Interim measures specialist" means an employee who

 

oversees the implementation of interim measures to ensure continued

 

participation in education by, and the safety of, a student who has

 

filed an initial complaint of sexual assault until a final

 

resolution of the complaint.

 

     (e) "Title IX" means title IX of Public Law 92-318.

 

     (f) "Title IX report" means the report described in section

 

274d of the state school aid act of 1979, 1979 PA 94, MCL

 

388.1874d.

 

     Sec. 5. An institution of higher education is strongly

 

encouraged to do the following:

 

     (a) Develop a 5-year campus sexual assault improvement plan

 

after conducting the meetings described in subdivision (b) that

 

identifies the specific steps necessary for that institution to

 

improve responses to campus sexual assault. A plan developed under

 

this subdivision may include, but need not be limited to, the

 

following:

 

     (i) Specific data points in the annual title IX report issued

 

by the institution of higher education.

 

     (ii) Methods to improve counseling services, including, but

 

not limited to, hiring additional counseling staff or providing

 

additional resources to counseling staff.


     (iii) Training for title IX investigators and hiring

 

additional title IX investigators.

 

     (iv) Education for students and employees regarding sexual

 

assault, bystander intervention, and reporting.

 

     (v) Hiring interim measures specialists.

 

     (b) Conduct not less than 2 public meetings regarding the

 

development of the 5-year campus sexual assault improvement plan

 

described in subdivision (a).

 

     (c) Not later than January 1, 2020, submit the 5-year campus

 

sexual assault improvement plan developed under subdivision (a) to

 

the department and the Michigan domestic and sexual violence

 

prevention and treatment board and make the plan available to the

 

public on that institution's website.

 

     (d) Not later than January 1, 2025, submit a final report to

 

the department and the Michigan domestic and sexual violence

 

prevention and treatment board that details the specific steps

 

identified in the plan submitted under subdivision (c) that the

 

institution of higher education implemented and any resulting

 

improvements to responses to campus sexual assault.

 

     Sec. 7. (1) The campus sexual assault response improvement

 

grant fund is created within the department of treasury.

 

     (2) The state treasurer may receive money or other assets from

 

any source for deposit into the fund, including general fund

 

appropriations, gifts, state and federal grants, and bequests. The

 

state treasurer shall direct the investment of the fund. The state

 

treasurer shall credit to the fund interest and earnings from fund

 

investments.


     (3) Money in the fund at the close of the fiscal year shall

 

remain in the fund and not lapse to the general fund.

 

     (4) The department is the administrator of the fund for

 

auditing purposes.

 

     (5) The department shall expend money from the fund, upon

 

appropriation, only to provide grants to eligible institutions of

 

higher education as provided in section 9.

 

     Sec. 9. (1) The campus sexual assault response improvement

 

grant program is established in the department. Beginning October

 

1, 2020, the department, in consultation with the department of

 

state police and the Michigan domestic and sexual violence

 

prevention and treatment board, shall assist institutions of higher

 

education in implementing improvement measures for campus sexual

 

assault response by providing funding to do so to eligible

 

institutions of higher education from the fund created in section

 

7. The department shall develop guidelines and procedures for the

 

program, create evaluation measures for the use of the fund, and

 

make the evaluation measures available to institutions of higher

 

education that participate in the program.

 

     (2) An institution of higher education may apply to the

 

department as provided in this section to participate in the

 

program and is not prohibited from applying to the program if that

 

institution has been or is awarded a different grant to improve the

 

safety and security of students, faculty, and staff by addressing

 

campus sexual assault issues.

 

     (3) An institution of higher education that has developed a 5-

 

year campus sexual assault improvement plan described in section 5


is eligible to participate in the program.

 

     (4) An eligible institution of higher education may apply to

 

participate in the program by providing the department with the 5-

 

year sexual assault improvement plan submitted under section 5 in

 

the manner required by the department.

 

     (5) A grant awarded to an institution of higher education

 

under this section is for a period of 5 years.

 

     (6) An institution of higher education awarded a grant under

 

this section must provide an annual report on the progress of the

 

5-year campus sexual assault improvement plan provided under

 

subsection (4) to the department and to the Michigan domestic and

 

sexual violence prevention and treatment board, and may use the

 

grant funds for any of the following:

 

     (a) To improve counseling services by hiring additional

 

counseling staff or providing additional resources to counseling

 

staff.

 

     (b) To train title IX investigators and hire additional title

 

IX investigators.

 

     (c) To educate students and employees regarding sexual

 

assault, bystander intervention, and reporting.

 

     (d) To hire interim measures specialists.

 

     (e) To implement any other measure that the institution of

 

higher education has identified as a necessary step to improve

 

responses to campus sexual assault.

 

     (7) The Michigan domestic and sexual violence prevention and

 

treatment board shall monitor, review, and evaluate the program by

 

doing the following each year:


     (a) Provide technical assistance to each institution of higher

 

education participating in the program.

 

     (b) Rate each 5-year campus sexual assault improvement plan by

 

identifying the steps implemented as a result of participation in

 

the program to improve responses to campus sexual assault.

 

     (c) Provide other assistance in implementing the program, as

 

appropriate.

 

     Sec. 11. After receiving a final report under section 5(d) or

 

an annual report under section 9(6), and once every 5 years after

 

that, the department, in consultation with the Michigan domestic

 

and sexual violence prevention and treatment board, shall compile a

 

report of best practices for responses to campus sexual assault. A

 

report compiled under this section must be submitted to the

 

legislature and made available to the public on the internet on the

 

department's website.

 

     Enacting section 1. This act takes effect 90 days after the

 

date it is enacted into law.

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