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3309Ratification Number: 407Act Number: 310Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 20010123Primary Sponsor: Cobb-HunterAll Sponsors: Cobb-Hunter, McLeodDrafted Document Number: l:\council\bills\gjk\20111sd01.docDate Bill Passed both Bodies: 20020529Date of Last Amendment: 20020523Governor's Action: SDate of Governor's Action: 20020605Subject: Campus Sexual Assault Information Act; Campus Sex Crimes Prevention Act; registration of sex offenders enrolled or employed at institutions of higher learning; hazing prohibited at all public education institutionsHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20020618 Act No. A310 ------ 20020605 Signed by Governor ------ 20020530 Ratified R407 House 20020529 Concurred in Senate amendment, enrolled for ratification Senate 20020523 Amended, read third time, returned to House with amendment Senate 20020521 Read second time, notice of general amendments Senate 20020516 Committee report: Favorable 04 SED Senate 20010307 Introduced, read first time, 04 SED referred to Committee House 20010307 Read third time, sent to Senate House 20010306 Amended, read second time House 20010301 Co-Sponsor added (Rule 5.2) by Rep. McLeod ------ 20010301 Scrivener's error corrected House 20010228 Committee report: Favorable with 25 HJ amendment House 20010123 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill Revised on February 28, 2001 - Word format Revised on March 1, 2001 - Word format Revised on March 6, 2001 - Word format Revised on May 16, 2002 - Word format Revised on May 23, 2002 - Word format
(A310, R407, H3309)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 105 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA CAMPUS SEXUAL ASSAULT INFORMATION ACT" WHICH REQUIRES INSTITUTIONS OF HIGHER LEARNING TO DEVELOP, PUBLISH, AND IMPLEMENT POLICIES AND PRACTICES TO PROMOTE PREVENTION, AWARENESS, AND REMEDIES FOR CAMPUS SEXUAL ASSAULT; TO AMEND TITLE 59, BY ADDING CHAPTER 106 SO AS TO ENACT THE "SOUTH CAROLINA CAMPUS SEX CRIMES PREVENTION ACT" WHICH PROVIDES THAT EACH INSTITUTION OF HIGHER EDUCATION MUST INCLUDE A STATEMENT IN THEIR ANNUAL SECURITY REPORT WHICH ADVISES WHERE LAW ENFORCEMENT INFORMATION MAY BE OBTAINED CONCERNING REGISTERED SEX OFFENDERS; TO AMEND SECTION 23-3-460, AS AMENDED, RELATING TO REGISTRATION OF SEX OFFENDERS, SO AS TO REQUIRE OFFENDERS WHO ARE ENROLLED AT, EMPLOYED BY, OR CARRYING ON A VOCATION AT AN INSTITUTION OF HIGHER EDUCATION TO PROVIDE CERTAIN WRITTEN NOTICE OF A CHANGE IN STATUS; TO AMEND SECTION 16-3-510, AS AMENDED, RELATING TO UNLAWFUL HAZING WHILE INITIATING OR ADMITTING PERSONS INTO CERTAIN ORGANIZATIONS AND ENTITIES, SO AS TO REVISE THE ORGANIZATIONS AND ENTITIES TO WHICH THE SECTION APPLIES; AND TO ADD SECTION 59-63-275 SO AS TO PROHIBIT HAZING AT ALL PUBLIC EDUCATION INSTITUTIONS AND TO DEFINE HAZING FOR THIS PURPOSE.
Be it enacted by the General Assembly of the State of South Carolina:
Campus Sexual Assault Information Act
SECTION 1. Title 59 of the 1976 Code is amended by adding:
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 building or property:
(a) 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) owned or controlled by a student organization recognized by the institution including, but not limited to, fraternity, sorority, and cooperative houses;
(c) 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 two-year or four-year college, community or junior college, technical school, or university located in this State, and also any private two-year or four-year college, community or junior college, technical school, or university located in this State which elects to be governed by this chapter.
(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 59-105-60. The Commission on Higher Education shall develop, print, and distribute a model sexual assault policy for institutions of higher learning, which complies with the requirements herein. The model policy shall be distributed to all institutions of higher learning in the State for their use as a reference in formulating their sexual assault policy."
Campus Sex Crimes Prevention Act
SECTION 2. Title 59 of the 1976 Code is amended by adding:
Section 59-106-10. This act is known and may be cited as the 'South Carolina Campus Sex Crimes Prevention Act'.
Section 59-106-20. Each institution of higher education must include a statement in their annual security report which advises the campus community where law enforcement information concerning registered sex offenders may be obtained, such as the law enforcement office of the institution, a local law enforcement agency with jurisdiction for the campus, or a computer network address. For purposes of this chapter, the annual security report means the report published pursuant to Section 485 of the Higher Education Act of 1965 as amended (20 U.S.C. Section 1092(f)). This information must be included in reports beginning in 2003.
Section 59-106-30. For purposes of this chapter, 'institution of higher education' means any two-year or four-year college, community or junior college, technical school, or university located in this State."
Notice of change in status
SECTION 3. Section 23-3-460 of the 1976 Code, as last amended by Act 107 of 2001, is further amended to read:
"Section 23-3-460. Any person required to register under this article shall be required to register annually for life. For purposes of this article, 'annually' means each year within thirty days after the anniversary date of the offender's last registration. The offender shall register at the sheriff's department in the county where he resides. A person determined by a court to be a sexually violent predator pursuant to state law is required to verify registration and be photographed every ninety days by the sheriff's department in the county in which he resides unless the person is committed to the custody of the State, whereby verification shall be held in abeyance until his release.
If any person required to register under this article changes his address within the same county, that person must send written notice of the change of address to the county sheriff within ten days of establishing the new residence.
If any person required to register under this article changes his address into another county in South Carolina, the person must register with the county sheriff in the new county within ten days of establishing the new residence. The person must also provide written notice within ten days of the change of address in the previous county to the county sheriff with whom the person last registered.
Any person required to register under this article and who is employed by, enrolled at, or carries on a vocation at an institution of higher education must provide written notice within ten days of each change in enrollment, employment, or vocation status at an institution of higher education in this State. For purposes of this section: 'employed and carries on a vocation' means employment that is full-time or part-time for a period of time exceeding fourteen days or for an aggregate period of time exceeding thirty days during any calendar year, whether financially compensated, volunteered, or for the purpose of government or educational benefit; and 'student' means a person who is enrolled on a full-time or part-time basis, in any public or private educational institution, including any secondary school, trade, professional institution, or institution of higher education.
If any person required to register under this article moves outside of South Carolina, the person must provide written notice within ten days of the change of address to a new state to the county sheriff with whom the person last registered.
Any person required to register under this article who moves to South Carolina from another state and is not under the jurisdiction of the Department of Corrections, the Department of Probation, Parole and Pardon Services, or the Department of Juvenile Justice at the time of moving to South Carolina must register within ten days of establishing residence in this State.
The sheriff of the county in which the person resides must forward all changes to any information provided by a person required to register under this article to SLED within five business days.
The South Carolina Department of Public Safety, Division of Motor Vehicles, shall inform, in writing, any new resident who applies for a driver's license, chauffeur's license, vehicle tag, or state identification card of the obligation of sex offenders to register. The department also shall inform, in writing, a person renewing a driver's license, chauffeur's license, vehicle tag, or state identification card of the requirement for sex offenders to register."
Organizations and entities revised
SECTION 4. Section 16-3-510 of the 1976 Code, as added by Act 73 of 1987, is amended to read:
"Section 16-3-510. It is unlawful for a person to intentionally or recklessly engage in acts which have a foreseeable potential for causing physical harm to a person for the purpose of initiation or admission into or affiliation with a chartered or nonchartered student, fraternal, or sororal organization. Fraternity, sorority, or other organization for purposes of this section means those chartered and nonchartered fraternities, sororities, or other organizations operating in connection with a school, college, or university. This section does not include customary athletic events or similar contests or competitions, or military training whether state, federal, or educational."
Student hazing prohibited
SECTION 5. The 1976 Code is amended by adding:
"Section 59-63-275. (A) For purposes of this section:
(1) 'Student' means a person enrolled in a public education institution.
(2) 'Superior student' means a student who has attended a state university, college, or other public education institution longer than another student or who has an official position giving authority over another student.
(3) 'Subordinate student' means a person who attends a public education institution who is not defined as a 'superior student' in item (2).
(4) 'Hazing' means the wrongful striking, laying open hand upon, threatening with violence, or offering to do bodily harm by a superior student to a subordinate student with intent to punish or injure the subordinate student, or other unauthorized treatment by the superior student of a subordinate student of a tyrannical, abusive, shameful, insulting, or humiliating nature.
(B) Hazing at all public education institutions is prohibited. When an investigation has disclosed substantial evidence that a student has committed an act or acts of hazing, the student may be dismissed, expelled, suspended, or punished as the principal considers appropriate.
(C) The provisions of this section are in addition to the provisions of Article 6, Chapter 3 of Title 16."
SECTION 6. This act takes effect upon approval by the Governor.
Ratified the 30th day of May, 2002.
Approved the 5th day of June, 2002.
This web page was last updated on Tuesday, December 8, 2009 at 11:20 A.M.