Bill 4383

                    Current Status

Bill Number:                       4383
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19980113
Primary Sponsor:                   Cobb-Hunter 
All Sponsors:                      Cobb-Hunter, Canty, McLeod and
                                   Moody-Lawrence
Drafted Document Number:           gjk\20970sd.98
Residing Body:                     Senate
Current Committee:                 Education Committee 04
                                   SED
Subject:                           Campus Sexual Assault
                                   Information Act, Crimes and
                                   Offenses, sex offenses; Colleges and
                                   Universities

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

Senate  19980224  Introduced, read first time,             04 SED
                  referred to Committee
House   19980220  Read third time, sent to Senate
House   19980219  Read second time, unanimous consent
                  for third reading on the next
                  Legislative day
House   19980218  Committee report: Favorable              21 HEPW
House   19980113  Introduced, read first time,             21 HEPW
                  referred to Committee
House   19971217  Prefiled, referred to Committee          21 HEPW

COMMITTEE REPORT

February 18, 1998

H. 4383

Introduced by Reps. Cobb-Hunter, Canty, McLeod and Moody-Lawrence

S. Printed 2/18/98--H.

Read the first time January 13, 1998.

THE COMMITTEE ON EDUCATION AND PUBLIC WORKS

To whom was referred a Bill (H. 4383), to amend the Code of Laws of South Carolina, 1976, by adding Chapter 105 to Title 59, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass:

RONALD P. TOWNSEND, for Committee.

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES IS:

The Commission on Higher Education states that a review of public higher education institutions revealed that programs to address campus sexual assault are currently in place. A minimal cost to the General Fund of the State may be incurred in the production of written campus policies and the reproduction of admissions and employment applications so as to include language that such policies exist and are available upon request.

Private higher education institutions would absorb any and all cost associated with the implementation of this legislation.

Approved By:

Frank A. Rainwater

Office of State Budget

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 105 TO TITLE 59 SO AS TO REQUIRE AN INSTITUTION OF HIGHER LEARNING TO DEVELOP, PUBLISH, AND IMPLEMENT POLICIES AND PRACTICES TO PROMOTE PREVENTION AND AWARENESS OF CAMPUS SEXUAL ASSAULT.

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

SECTION 1. Title 59 of the 1976 Code is amended to read:

Section 59-105-10. This act is known and may be cited as the 'South Carolina Campus Sexual Assault Information Act'.

Section 59-105-20. As used in this act:

(1) 'Campus' means:

(a) a building or property owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of, or in a manner related to, the institution's educational purposes;

(b) a building or property owned or controlled by a student organization recognized by the institution including, but not limited to, fraternity, sorority, and cooperative houses;

(c) a building or property controlled by the institution but owned by a third party.

(2) 'Campus sexual assault' means a sexual assault that occurs on campus.

(3) 'Institution of higher learning' or 'institution' means a public or private two-year or four-year college, community or junior college, technical school, or university located in this State.

(4) 'Student' means an individual who is enrolled in an institution of higher learning on a full-time or part-time basis.

Section 59-105-30. The serious nature and consequences of sexual assault and the particular problems caused by sexual assault within a campus community prompt the General Assembly to encourage institutions of higher learning to develop, with input from students, faculty, and staff, a comprehensive sexual assault policy to address prevention and awareness of sexual assault and to establish procedures that address campus sexual assaults. The General Assembly further encourages institutions of higher learning to make all reasonable efforts to support a student who is the victim of a sexual assault in a full report of the sexual assault to appropriate law enforcement authorities, including institutional and 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 59-105-40. (A) Not later than one hundred twenty days after the effective date of this act, each institution of higher learning must establish and implement a written campus sexual assault policy regarding at least:

(1) the institution's campus sexual assault programs, aimed at prevention and awareness of sexual assaults; and

(2) the procedures followed by the institution once a sexual assault occurs and is reported.

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

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

(2) possible sanctions following the final determination of an institutional disciplinary procedure regarding a sexual assault;

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

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

(i) have the same opportunities to have support persons or legal counsel, if the institution's policy allows the presence of outside legal counsel, present during an institutional disciplinary proceeding; and

(ii) must be informed of the outcome of an institutional disciplinary proceeding brought alleging a sexual assault.

(5) notification to a student of the right to notify proper law enforcement authorities, including institutional and local police, and of the option to be assisted by representatives of the institution 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, 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 sexual assault, if requested by the victim and if the changes are reasonably available.

(C) This action does not expand or reduce a private right of action of a person to enforce the provisions of this act.

(D) Each institution of higher learning must distribute to students, faculty, and staff the written campus sexual assault policy required by this chapter by printing the policy in one or more of the institution's publications made widely available to students, such as the institution's catalog, student handbook, or staff handbook. Each institution of higher learning must include on admissions and employment applications a notification that a copy of the institution's campus sexual assault policy is available upon request. In addition, the institution's law enforcement personnel, security personnel, and counseling center must make the written policy available to a student who reports being a victim of a sexual assault involving another student or occurring on campus.

Section 59-105-50. In addition to the publication required by Section 59-105-40, each institution of higher learning must make available to all students a description of the jurisdiction, procedures, and time deadlines of institutional disciplinary proceedings."

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