Reference is to the bill as introduced.
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. This act must be known and may be cited as the "Tucker Hipps Transparency Act".
SECTION 2. Article 1, Chapter 101, Title 59 of the 1976 Code is amended by adding:
"Section 59-101-210.
(A)(1) Beginning with the 2016-2017
academic year, a public institution of higher learning shall
maintain a report of actual findings of violations of the
institution's Student Code of Conduct by fraternity and sorority
organizations formally affiliated with the institution and
actual findings of student misconduct that the university is
made aware of, committed by a person who is both:
(a)
affiliated formally with fraternity or sorority registered
as a student organization with the university at the time of
alleged misconduct; and
(b)
engaged in an activity associated with a fraternity or
sorority registered as a student organization with the
university.
(2)
A report of a violation of a Student Code of Conduct is
required for offenses involving:
(a)
alcohol;
(b)
drugs;
(c)
sexual assault;
(d)
harm to others;
(e)
threats;
(f)
endangerment; and
(g)
hazing.
(3)
A report must contain two components:
(a)
information concerning the alleged organizational
misconduct, including:
(i)
the name of the organization;
(ii)
when the organization was charged with misconduct;
(iii)
the dates on which the citation was issued or the event
occurred;
(iv)
the date the investigation was initiated;
(v)
a general description of the incident, the charges,
findings and sanctions placed on the organization; and
(vi)
the date on which matter was resolved; and
(b)
aggregate data of charges against individual members of
the organization when members are charged with Student Conduct
Code violations outlined in items (1) and (2);
(4)
In addition to the components required in item (3), a
report also must:
(a)
be in descending order from most charges to least;
(b)
include no personal identifying information of the
individuals, but must include the name of the respective social
organizations to which the parties are affiliated;
(c)
include any law enforcement report associated with the
alleged misconduct which is in the possession of the
institution; provided, however, disclosure of this report is
governed by the South Carolina Freedom of Information Act.
(5)
The institution shall update this report at least
forty-five calendar days before the start of the fall and spring
academic semesters.
(6)
An ongoing investigation of an unresolved incident of a
violation that occurred within forty-five calendar days after
the last day of that academic semester clearly must be
identified as 'pending' and included in the report that is due
forty-five calendar days before the start of the following
semester required in item (4).
(7)
The institution shall provide reports required under this
section on its internet website in a prominent location. The
webpage that contains this report must include a statement
notifying the public:
(a)
of the availability of additional information related to
findings, sanctions, and organizational sanction completion;
(b)
where a member of the public may obtain the additional
information that is not protected under the Family Education
Rights and Privacy Act (FERPA) upon request; and
(c)
that the institution is required to provide this
additional information pursuant to the South Carolina Freedom of
Information Act.
(7)
The institution shall furnish a printed notice of the
nature and availability of this report and the website address
where it can be found to attendees at student orientation.
(8)
The institutional shall maintain reports as they are
updated for seven years. Information that is seven years old may
be removed from the record by the institution as it updates its
records.
(B) A public
institution of higher learning shall submit to the Commission on
Higher Education a statement within fourteen calendar days that
the reports have been updated as required in subsection (A)(4).
The commission shall publish on their webpage a link to the
institutions' updated reports.
(C) A member of the
public who believes that an institution is not complying with
the information disclosure required under this section may seek
relief as provided for under the South Carolina Freedom of
Information Act."
SECTION 3. Each public institution of higher learning shall compile an initial report and make it available to the public and online before the beginning of the 2016-2017 academic year. This initial report must include the information outlined in Section 59-101-210 beginning with data after December 31, 2010. If a university cannot comply with this requirement by the 2016-2017 academic year, they may apply for a one-year waiver but all public institutions must be compliant by the 2017-2018 academic year.
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.