Bill Text: MI HB5603 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Higher education; other; office of higher education ombudsman; create. Creates new act.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-03-11 - Bill Electronically Reproduced 03/11/2020 [HB5603 Detail]
Download: Michigan-2019-HB5603-Introduced.html
HOUSE BILL NO. 5603
March 10, 2020, Introduced by Reps. Reilly,
Hornberger, Leutheuser, Sneller and Jones and referred to the Committee on
Education.
the people of the state of michigan enact:
Sec. 1. This act shall be known and may be cited as the "oversight of higher education act".
(a) "Administrative act" includes an action, omission, decision, recommendation, practice, or other procedure of the governing board of a public university.
(b) "Complainant" means a legislator, or a current or former student or member of the faculty or staff of a public university, who files a complaint under section 5.
(c) "Department" means the department of education.
(d) "Legislator" means a member of the senate or the house of representatives of this state.
(e) "Office" means the office of the higher education ombudsman created under this act.
(f) "Ombudsman" means the higher education ombudsman.
(g) "Public university" means an institution of higher education described in section 4, 5, or 6 of article VIII of the state constitution of 1963.
Sec. 3. (1) The office of the higher education ombudsman is created within the department.
(2) The principal executive officer of the office is the higher education ombudsman, who is appointed by and serves at the pleasure of the governor.
(3) The office shall serve as a resource for students, faculty, and staff to report problems with a public university or any of its employees, agents, or officials. The office may assist, through mediation or other voluntary action, individuals and organizations with resolving conflicts they may have with an agent of a public university. The office shall coordinate with the United States Department of Justice, the department, the attorney general of this state, and other relevant agencies and shall and refer cases when appropriate.
Sec. 4. The department shall establish procedures for approving the budget of the office, for expending funds of the office, and for the employment of personnel for the office.
Sec. 5. (1) The ombudsman may commence an investigation upon his or her own initiative or upon receipt of a complaint from a complainant concerning an administrative act or an allegation of a civil rights violation, sexual misconduct, or any other violation of the law for which a public university or any of its employees, agents, or officials, acting in the scope of their duties, may be directly or indirectly responsible. The ombudsman may interview any individual whom the ombudsman considers necessary in an investigation, including, but not limited to:
(a) An individual employed by or retained under contract by a public university.
(b) A past, present, or prospective student of a public university.
(2) Subject to approval of the department, the ombudsman shall establish procedures for receiving and processing complaints, conducting investigations, holding hearings, and reporting the findings resulting from the investigations.
Sec. 6. (1) Upon request and without the requirement of any release, a public university shall provide the ombudsman access to all information, records, and documents in the possession of the public university that the ombudsman considers necessary in an investigation.
(2) Upon request and without notice, a public university shall grant the ombudsman entrance to inspect at any time the premises of the public university.
(3) The ombudsman may hold informal hearings and may request that any person appear before the ombudsman or at a hearing and give testimony or produce documentary or other evidence that the ombudsman considers relevant to an investigation.
Sec. 7. (1) Upon the request of the ombudsman, a public university shall provide a progress report concerning the administrative processing of a complaint. After administrative action on a complaint, the ombudsman may conduct further investigation on the request of a complainant or on his or her own initiative.
(2) The ombudsman is not required to conduct an investigation or hold a hearing on a complaint brought before the ombudsman.
Sec. 8. Upon receiving a complaint under section 5 and deciding to investigate the complaint, within 10 business days the ombudsman shall notify the complainant. If the ombudsman declines to investigate, the ombudsman shall notify the complainant within 10 business days, in writing, and inform the complainant of the reasons for the ombudsman's decision.
Sec. 9. Upon request of the ombudsman, the department may hold a hearing. The department may administer oaths, subpoena witnesses, and examine the books and records of a public university in a matter that is or was a proper subject of investigation by the ombudsman.
Sec. 10. (1) Correspondence between the ombudsman and a complainant is confidential and is privileged communication.
(2) A report prepared and recommendations made by the ombudsman and submitted to the department under section 11 and any record of the ombudsman are exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
Sec. 11. (1) The ombudsman shall prepare and submit a report of the findings of an investigation and make recommendations to the department within 10 business days after completing the investigation if the ombudsman finds any of the following:
(a) A matter that should be considered by the governing board of a public university.
(b) An administrative act that should be modified or canceled.
(c) Administrative acts for which justification is necessary.
(d) Significant health and safety issues for students attending a public university.
(e) Any other significant concerns.
(2) Subject to section 12, the department shall forward the report prepared and submitted under this section to the public university and to the complainant who requested the report.
Sec. 12. Before submitting a report with a conclusion or recommendation that expressly or by implication criticizes a person or a public university, the ombudsman shall consult with that person or the governing board of that public university. When publishing an opinion adverse to a person or public university, the ombudsman shall include in that publication a statement of reasonable length made to the ombudsman by that person or the governing board of that public university in defense or mitigation of the finding if that statement is provided within a reasonable period of time as determined by the department. The ombudsman may request to be notified by a person or the governing board of a public university, within a specified time, of any action taken on any recommendation presented. The ombudsman shall notify the complainant of the actions taken by the person or the governing board of the public university.
Sec. 13. The ombudsman shall submit to the department and the legislature an annual report on the conduct of the office. A report under this section must include all of the following information for each public university during the immediately preceding 12 months, at a minimum:
(a) The number of complaints received and demographic information of complainants, persons accused, and other involved parties.
(b) The number of complaints concerning each of the following categories:
(i) The modification or cancellation of, or justification for, an administrative act.
(ii) Significant student health issues.
(iii) Significant student safety issues.
(c) The number of complaints resulting in the initiation of an investigation.
(d) The number of investigations initiated by the ombudsman, categorized by the nature of the underlying complaint.
(e) The number of hearings.
(f) The number of reports of findings issued.
Sec. 14. (1) The office shall compile a campus climate survey every 3 years and report its findings to the legislature.
(2) The campus climate survey is an anonymous survey issued to at least 20% of all students, 20% of all staff, and 20% of all faculty at each public university, chosen at random.
(3) The campus climate survey must include questions on the quality of classroom experiences, usage of student services, crimes committed on campus, student demographics, discrimination, and other questions to be determined by the ombudsman.
Sec. 15. (1) A public university shall not penalize in any way a student, employee, agent, or official who communicates a complaint to a legislator or cooperates with the ombudsman in investigating a complaint.
(2) A public university or an employee, agent, or official of a public university shall not hinder the lawful actions of the ombudsman or employees of the office or willfully refuse to comply with any lawful demand of the office.
Sec. 16. The authority granted the ombudsman under this act is in addition to the authority granted under any other act or rule under which a remedy or right of appeal or objection is provided for a complainant, or any procedure provided for the inquiry into or investigation of any matter concerning a public university. The authority granted the ombudsman under this act does not limit or affect any other remedy or right of appeal or objection and is not exclusionary of any other remedy or right of appeal or objection.
