A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 4 TO CHAPTER 101, TITLE 59 SO AS TO REQUIRE EACH PUBLIC COLLEGE, UNIVERSITY, AND TECHNICAL COLLEGE IN THIS STATE TO IMPLEMENT A SAFETY TRAINING PROGRAM FOR ALL NEW STUDENTS, TO PROVIDE EXCLUSIONS FROM THE PROGRAMS, TO PROVIDE REQUIREMENTS OF THE PROGRAMS, TO REQUIRE EACH INSTITUTION TO COMPILE AND ANNUALLY REPORT CERTAIN CAMPUS CRIME STATISTICS, AMONG OTHER THINGS, TO PROVIDE ADDITIONAL REPORTING REQUIREMENTS, AND TO PROVIDE ENFORCEMENT MECHANISMS.

 

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

 

SECTION 1.  Chapter 101, Title 59 of the S.C. Code is amended by adding:

 

Article 4

 

College Safety Training Programs for Students

 

    Section 59-101-810.  As used in this article:

       (1) "Institution of higher learning" means each public college, public university, and technical college in this State.

       (2) "Public safety director" means the director or equivalent designated leader of a campus public safety department.

       (3) "Campus public safety department" means the division of an institution of higher learning that provides law enforcement and safety services to the institution.

       (4) "Affiliated" means anyone who possessed or possesses a valid campus identification at the time the alleged crime occurred including, but not limited to, students, faculty, staff, and contractors.

 

    Section 59-101-820.  (A) Each institution of higher learning shall develop and implement a safety training program for all new students. The training must be administered during the student's initial orientation or within the first thirty days of the student's arrival on campus. The provisions of this subsection apply to undergraduate and graduate students who are enrolled on a full-time or part-time basis and physically attend class on campus. The provisions of this subsection do not apply to:

       (1) students who are only enrolled in adult education, dual enrollment, or certificate programs;

       (2) continuing education students; and

       (3) transient students.

    (B)(1) The training program for an institution of higher learning to which the provisions of this article apply pursuant to subsection (A) must be developed by the institution's public safety director, in coordination with the institution's president and governing board. In the absence of a campus public safety department, a technical college shall contract with the security personnel that it uses on campus to develop and implement the student safety training in coordination with the president and governing board.

       (2) Notwithstanding the provisions of item (1), the president of the University of South Carolina system, in coordination with the governing board, shall work with the appropriate administrative personnel, public safety personnel, or both at each system institution to ensure that each campus implements a training program as required by this chapter.

        (3) The content, format, and delivery method of the training must be determined by each institution and may include orientation programs, first-year experience courses, online modules, or any other methods considered appropriate by the institution.

    (C) The student safety training program must include information and instruction on the following topics:

       (1) personal safety and situational awareness on campus;

       (2) emergency procedures, including evacuation, lockdown, and shelter-in-place protocols;

       (3) how to access campus security services, emergency alerts, and communication systems;

       (4) prevention of and response to sexual assault, dating violence, domestic violence, and stalking, including Title IX rights and reporting procedures;

       (5) the role and contact information of the institution's behavioral intervention team or threat assessment team, if applicable;

       (6) bystander intervention strategies and safe reporting practices; and

       (7) information on campus mental health resources and crisis response protocols.

    (D) Institutions may tailor their training to the unique needs, size, and resources of their campus, and may include additional topics as considered appropriate.

    (E)(1) Before January thirty-first of each academic year:

           (a) each public college and university shall submit an annual report to the Commission on Higher Education; and

           (b) each technical college shall submit an annual report to the State Board for Technical and Comprehensive Education.

       (2) The report required in item (1) must include a summary of the student safety training program, the methods of delivery, and any associated training materials.

 

    Section 59-101-830. (A)(1) Each institution shall submit its annual security report, which is required by the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 U.S.C. section 1092(f), and the summary analysis described in subsection (B) to the Commission on Higher Education or the State Board of Technical and Comprehensive Education, as appropriate, and the South Carolina Law Enforcement Division no later than October thirty-first of each year. The annual security report and the summary analysis described in subsection (B) shall cover the time period of January first through December thirty-first of the preceding calendar year. Each institution shall:

           (a) post direct access to its report and annual summary analysis on its internet website when it provides the report to the commission or state board and the South Carolina Law Enforcement Division no later than October thirty-first of each year; and

           (b) email direct access to the report and annual summary analysis to students before the first day of the class during the following fall semester, excluding students enumerated in Section 59-101-820(A)(1)-(3).

       (2) The commission, state board, and state law enforcement division shall:

           (a) make these reports and annual summary analyses publicly available on their respective websites by use of not more than three links and no later than November fifteenth of each year; and

           (b) provide a composite summary report of each of these reports to the respective chairs of the House Education and Public Works Committee and Senate Education Committee no later than December first of each year.

    (B) Each institution shall compile and report, as required in Section 59-101-830(A), an annual summary analysis including the number of criminal reports alleging homicide, sexual assault, robbery, aggravated assault, burglary, motor vehicle larceny, and arson reported to have occurred on property owned, leased, or controlled by the institution. The annual summary analysis shall, to the extent possible, report whether the alleged victim and alleged offender were affiliated with the institution at the time the crime was reported.

    (C) Although the reporting obligation under this section is annual, if the Speaker of the House, President of the Senate, Chairman of the House Education and Public Works Committee, or Chairman of the Senate Education Committee determines that concerns exist regarding campus safety or crime reporting, the Speaker of the House, President of the Senate, Chairman of the House Education and Public Works Committee, or Chairman of the Senate Education Committee may submit a written request for campus crime data at any time. Upon such a request, the institution must provide the requested data within thirty calendar days after receipt of the request.

    (D) Nothing in this section may be construed to require disclosure of personally identifiable information or information that would compromise an ongoing criminal investigation.

    (E) Nothing in this section may be construed to limit, modify, or otherwise affect the duties of institutions of higher learning under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 U.S.C. section 1092(f), or to relieve any institution from complying with all applicable federal reporting and disclosure requirements.

 

    Section 59-101-840.  (A) Each institution shall make publicly available on its website its campus safety plan or plans, to the extent that such plans are not confidential, sensitive, or otherwise protected from public disclosure under state or federal law.

    (B) If an institution does not currently have a campus safety plan, it shall develop and implement one in coordination with the institution's public safety director, president, and board of trustees. The institution shall then post the nonconfidential portions of the plan on its website.

    (C) Institutions must review and update their posted safety plans at least once per academic year. A posted safety plan must include the date of its issuance and most recent update if any update has been made.

 

    Section 59-101-850.  (A) The Commission on Higher Education and State Board for Technical and Comprehensive Education respectively shall maintain a record of institutions that submit the annual reports required pursuant to Section 59-101-820(E) and Section 59-101-830.

    (B) By December first of each year, the Commission on Higher Education and State Board for Technical and Comprehensive Education shall determine whether each institution under its respective purview has complied with the provisions of this article for that calendar year.

    (C) By January first of each year, the Commission on Higher Education and State Board for Technical and Comprehensive Education shall notify the respective chairmen of the House Education and Public Works Committee, the House Ways and Means Committee, the Senate Education Committee, and the Senate Finance Committee of any institution that is not in compliance with the provisions of this article. The House Education and Public Works Committee, the Senate Finance Committee, or both may:

       (1) recommend a reduction or suspension in institutional funding for the following fiscal year to the House Ways and Means Committee and the Senate Finance Committee; and

       (2) refer a finding of noncompliance to the Attorney General who may bring an enforcement action in the circuit court of appropriate jurisdiction.

 

SECTION 2.  This act takes effect upon approval by the Governor and first applies to students enrolling for the academic year beginning in the fall of 2027 with the annual summary analysis data being first produced in November 2027.

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