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Bill 3368

                    Current Status

Bill Number:                      3368
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990127
Primary Sponsor:                  Inabinett
All Sponsors:                     Inabinett, Moody-Lawrence, J.H. Neal, 
                                  Mack, Clyburn, M. Hines, Phillips, Seithel, 
                                  Davenport, Lee, Hayes, Scott, Whipper, Harvin 
Drafted Document Number:          l:\council\bills\gjk\20159sd99.doc
Residing Body:                    House
Current Committee:                Education and Public Works Committee 21 
                                  HEPW
Subject:                          School Sexual Assault and Harassment 
                                  Information Act, Crimes, Sex offenses, School 
                                  Districts


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990127  Introduced, read first time,           21 HEPW
                  referred to Committee


                             Versions of This Bill

TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 SO AS TO ENACT THE "SOUTH CAROLINA SCHOOL SEXUAL ASSAULT AND HARASSMENT INFORMATION ACT" WHICH REQUIRES THE STATE DEPARTMENT OF EDUCATION TO DEVELOP AND THE SCHOOL DISTRICTS OF THIS STATE TO IMPLEMENT POLICIES AND PRACTICES TO PROVIDE TO STUDENTS AT THEIR LEVEL OF UNDERSTANDING WITH PREVENTION INFORMATION REGARDING, AND REMEDIES FOR SEXUAL ASSAULT AND HARASSMENT ON SCHOOL CAMPUSES AND AT SCHOOL-SPONSORED FUNCTIONS AWAY FROM SCHOOL CAMPUSES.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Title 59 of the 1976 Code is amended by adding:

Section 59-14-10. This chapter is known and may be cited as the 'South Carolina School Sexual Assault and Harassment Information Act'.

Section 59-14-20. As used in this chapter:

(1) 'Campus' means a building or property owned or controlled by a school district of this State and used by the district in direct support of, or in a manner related to, the purposes of schools within the district. Campus for purposes of this chapter only also includes locations not owned or controlled by a school district where school-sponsored events or functions are held.

(2) 'Campus sexual assault or harassment' means a sexual assault that occurs on campus or harassment of a sexual nature that constitutes a violation of state or federal law if committed by an adult.

(3) 'Student' means an individual who is enrolled in a school of the district.

Section 59-14-30. The serious nature and consequences of sexual assault and harassment and the particular problems caused by sexual assault and harassment within a public school setting require the General Assembly to encourage the State Department of Education to develop and school districts to implement, with input from students, faculty, and staff, a comprehensive sexual assault and harassment policy to address prevention and awareness of sexual assault and harassment and to establish procedures that address campus sexual assaults and harassment. The General Assembly further encourages school districts to make all reasonable efforts to support a student who is the victim of a sexual assault or harassment by requiring full report of a sexual assault or harassment to law enforcement authorities if appropriate, including local police, and to make all reasonable efforts to provide assistance to and to cooperate with the student as the report is investigated and resolved.

Section 59-14-40. (A) By the beginning of school year 1999-2000, the State Department of Education shall develop and each school district board of trustees based thereon must establish and implement a written campus sexual assault and harassment policy providing at a minimum for:

(1) a sexual assault and harassment program for each middle and high school of the district, aimed at prevention and awareness of sexual assaults and harassment; and

(2) the procedures followed by each middle and high school once sexual assault and harassment occur and are reported.

(B) The policy described in subsection (A) must address at least the following areas:

(1) education programs to promote the prevention and awareness of sexual assault and harassment;

(2) possible sanctions following the final determination of a violation of the district's policy regarding sexual assault and harassment;

(3) procedures a student follows if sexual assault and harassment occur, including the persons to be contacted, the importance of preserving evidence of the criminal sexual assault and harassment, and the authorities to which the alleged offense must be reported;

(4) procedures for the district's disciplinary action in cases of alleged sexual assault and harassment, including a clear statement that both the accuser and the accused:

(a) have the same opportunities to have support persons or legal counsel, if the district's policy allows the presence of outside legal counsel, present during a school disciplinary proceeding; and

(b) must be informed of the outcome of a school disciplinary proceeding brought alleging sexual assault or harassment;

(5) notification to a student of the right to notify proper law enforcement authorities, including local police, and of the option to be assisted by representatives of the district in notifying law enforcement authorities if the student chooses;

(6) notification of a student of existing medical, advocacy, counseling, mental health, and student services for victims of sexual assault and harassment, both on campus and in the community;

(7) notification of a student of options for, and available assistance in, changing academic and living situations after an alleged campus or sexual assault and harassment, if requested by the victim and if the changes are reasonably available.

(C) This chapter does not expand or reduce any private right of action of a person to avail themselves of any other remedies provided by law.

(D) Each school district must distribute to students, faculty, and staff of middle and high schools the written campus sexual assault and harassment policy required by this chapter. Each school district must include on employment applications a notification that a copy of the district's campus sexual assault and harassment policy is available upon request. In addition, the district's security personnel and school counselors must make the written policy available to a student who reports being a victim of sexual assault and harassment occurring on campus.

(E) The campus sexual assault and harassment policies required by this chapter shall be designed for the collective levels of understanding of the particular students for whom the policy is to be provided.

Section 59-14-50. In addition to the requirements of Section 59-14-40, each school district must make available to all middle and high school students a description of the jurisdiction, procedures, and time deadlines of the district's disciplinary policy and procedures relating to sexual assaults and harassment."

SECTION 2. This act takes effect upon approval by the Governor.

This web page was last updated on Wednesday, December 9, 2009 at 9:14 A.M.