| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| INTRODUCED BY CONKLIN, SIPTROTH, KIRKLAND, K. SMITH, DePASQUALE, KORTZ, BRENNAN, McGEEHAN, CASORIO, BELFANTI, SWANGER, CREIGHTON, VULAKOVICH, MANN, REICHLEY, MELIO, KULA, BOYLE, MURT, O'NEILL, DONATUCCI, M. O'BRIEN, YOUNGBLOOD, CRUZ, WALKO, READSHAW, SONNEY, STURLA, McILVAINE SMITH, McCALL, GIBBONS, MAHONEY, GEIST, FREEMAN AND THOMAS, FEBRUARY 4, 2009 |
| |
| |
| REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 4, 2009 |
| |
| |
| |
| AN ACT |
| |
1 | Providing for sexual violence awareness education programs for |
2 | new students matriculating to institutions of higher |
3 | education or private licensed schools that receive public |
4 | funding and for duties of the Department of Education. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Short title. |
8 | This act shall be known and may be cited as the College and |
9 | University Sexual Violence Education Act. |
10 | Section 2. Legislative findings. |
11 | The General Assembly finds and declares as follows: |
12 | (1) It is in the interest of the Commonwealth to |
13 | facilitate the education of its young people. |
14 | (2) Awareness and education are the beginning steps to |
15 | prevention. |
16 | (3) Education is imperative to promoting safety and |
17 | raising awareness of sexual violence among young people. |
|
1 | (4) The first few months of the freshman year are the |
2 | most dangerous for new female and male college students |
3 | because of the availability of drugs and alcohol, the absence |
4 | of parental supervision and a lack of awareness of sexual |
5 | violence. |
6 | Section 3. Definitions. |
7 | The following words and phrases when used in this act shall |
8 | have the meanings given to them in this section unless the |
9 | context clearly indicates otherwise: |
10 | "Department." The Department of Education of the |
11 | Commonwealth. |
12 | "Education program." A sexual violence education program |
13 | under this act. |
14 | "Institution of higher education." An independent |
15 | institution of higher education, a community college, a State- |
16 | related institution or a member institution of the State System |
17 | of Higher Education. |
18 | "Matriculating." Enrolling in an institution of higher |
19 | education or private licensed school. |
20 | "Private licensed school." As defined in the act of December |
21 | 15, 1986 (P.L.1585, No.174), known as the Private Licensed |
22 | Schools Act. |
23 | "Sexual Violence." As defined in 42 Pa.C.S. § 6402 (relating |
24 | to definitions). |
25 | "Student." A person who is enrolled on a full-time basis at |
26 | an institution of higher education or private licensed school. |
27 | Section 4. Purpose. |
28 | The purpose of the education program is to increase awareness |
29 | of and improve every student's understanding of sexual violence |
30 | and to reduce the likelihood of sexual violence. |
|
1 | Section 5. Education program. |
2 | (a) General rule.--Institutions of higher education and |
3 | private licensed schools shall establish a sexual violence |
4 | awareness educational program. Institutions of higher education |
5 | and private licensed schools may collaborate with a Statewide |
6 | nonprofit organization, local rape crisis center or local sexual |
7 | assault program that arranges for the provision of services to |
8 | sexual violence and rape victims in the development of a sexual |
9 | violence awareness education program. Each education program |
10 | shall provide the following: |
11 | (1) A discussion of sexual violence. |
12 | (2) A discussion of consent, including an explanation |
13 | that the victim is not at fault. |
14 | (3) A discussion of drug and alcohol-facilitated sexual |
15 | violence. |
16 | (4) Information relating to risk education and personal |
17 | protection. |
18 | (5) Information on where and how to get assistance, |
19 | including the importance of medical treatment and evidence |
20 | collection, and how to report sexual violence to campus |
21 | authorities and local law enforcement. |
22 | (6) The possibility of pregnancy and transmission of |
23 | sexual diseases. |
24 | (7) Introduction of members of the educational community |
25 | from: |
26 | (i) Campus police or security and local law |
27 | enforcement. |
28 | (ii) Campus health center, women's center and rape |
29 | crisis center. |
30 | (iii) Campus counseling service or any service |
|
1 | responsible for psychological counseling and student |
2 | affairs. |
3 | (8) A promise of discretion and dignity. |
4 | (9) A promise of confidentiality for victims of sexual |
5 | assault. |
6 | (b) Student bill of rights.--Consistent with the campus |
7 | sexual assault victims' bill of rights under section 485(f)(8) |
8 | of the Higher Education Act of 1965 (Public Law 89-329, 20 |
9 | U.S.C. § 1092(f)(8)), a student bill of rights shall be made |
10 | available to students. |
11 | Section 6. Follow-up. |
12 | An institution of higher education and private licensed |
13 | school shall conduct a follow-up program for the duration of the |
14 | school year for new students. The program may consist of the |
15 | following: |
16 | (1) Lecturers relating to sexual violence prevention and |
17 | awareness. |
18 | (2) Institutional activities relating to sexual violence |
19 | prevention and awareness. |
20 | (3) Videos and other educational materials relating to |
21 | sexual violence prevention and awareness. |
22 | Section 7. Duties of department. |
23 | The department shall: |
24 | (1) Ensure compliance with this act. |
25 | (2) Solicit the cooperation of other agencies, |
26 | institutions and organizations, both public and private, in |
27 | carrying out the provisions of this act. |
28 | (3) Otherwise administer the provisions of this act. |
29 | Section 8. Report. |
30 | An institution of higher education and a private licensed |
|
1 | school shall report to the department on the implementation of |
2 | the education program by the institution or school. |
3 | Section 9. Effective date. |
4 | This act shall take effect in 120 days. |
|