HB691

SECTION 1. The legislature finds that college campuses should be safe from sexual and domestic violence. According to the Rape, Abuse & Incest National Network, the nation's largest anti-sexual violence organization, thirteen per cent of all college students experience rape or sexual assault through physical force, violence, or incapacitation. Among undergraduate students, 26.4 per cent of females and 6.8 per cent of males experience rape or sexual assault through physical force, violence, or incapacitation.

The legislature further finds that incidents of sexual and domestic violence are also pervasive on college campuses in Hawaii. More than nineteen per cent of students who were in a partnered relationship while enrolled at the University of Hawaii reported having experienced dating or domestic violence. In addition, about ten per cent said they had been sexually harassed or stalked and 6.3 per cent reported nonconsensual sexual contact, according to a survey of students released by the university in January 2018.

The legislature additionally finds that a study released in the journal Radiology in August 2020 found a higher incidence of physical intimate partner violence, both in numbers and proportion, and that the injuries that victims suffered was much more severe.

Given the already elevated prevalence of sexual and domestic violence on college campuses, the legislature finds that strengthening campus safety protocols to ensure that students are adequately protected from escalating incidents of abuse is a matter of statewide concern.

The purpose of this Act is to expand protections for victims of sexual and domestic violence at Hawaii's institutions of higher education by:

(1) Improving access to confidential support services;

(2) Requiring that all students receive information about sexual and domestic violence prevention and disclosure protocols; and

(3) Requiring training on the impact of trauma for university and college employees responsible for investigating incidents and assisting victims of sexual and domestic violence.

SECTION 2. Section 304A-120, Hawaii Revised Statutes, is amended by amending subsections (a) through (c) to read as follows:

"(a) The University of Hawaii shall:

(1) Train all University of Hawaii students and employees, including security personnel, Title IX coordinators, and residential advisors, on:

(A) Public Law 92-318, Title IX of the federal Education Amendments of 1972, as amended;

(B) The Violence Against Women Act of 1994, as amended; and

(C) University of Hawaii executive policies on sexual harassment, sexual assault, domestic violence, dating violence, and stalking;

(2) Provide all existing University of Hawaii employees with the training described in paragraph (1) by July 1, 2017, and every two years thereafter;

(3) Provide all new University of Hawaii employees with the training described in paragraph (1) no later than thirty days after the date of first employment;

(4) Provide all students with the training described in paragraph (1) annually;

(5) Provide employees involved in investigating incidents or assisting victims of sexual harassment, sexual assault, domestic violence, dating violence, stalking, and related issues with training on the neurobiological and psychological impact of trauma, social stigmas, and stereotypes surrounding the causes and impact of trauma, and the components of trauma-informed care;

[~~(5)~~] (6) At each campus of the University of Hawaii system, designate a confidential advocate for students to confidentially discuss incidents of, and obtain information on, sexual harassment, sexual assault, domestic violence, dating violence, stalking, and related issues; provided that confidential advocates and communications received by confidential advocates shall not be exempt from any otherwise applicable mandatory reporting requirements for child and vulnerable adult neglect and abuse as provided by chapters 346 and 350;

[~~(6)~~] (7) Publicize the name, location, phone number, and e-mail address of the confidential advocate on the website of each respective campus;

[~~(7)~~ ~~Make available~~] (8) Distribute annually to all students and employees written and electronic materials and training programs concerning Title IX of the Higher Education Amendments of 1972; the Violence Against Women Act of 1994; and University of Hawaii policies concerning sexual harassment, sexual assault, domestic violence, dating violence, and stalking; [~~and~~]

[~~(8)~~] (9) Inform victims in writing of the right to file a police report with the appropriate county police department for investigation and assist victims in submitting the police report[.]; and

(10) Enter into and maintain a memorandum of understanding with a service provider for victims of sexual assault and sexual harassment to assist in developing and implementing the university's policies, programs, and training regarding sexual harassment, sexual assault, domestic violence, dating violence, stalking, and related issues; provided that the memorandum of understanding may also authorize the service provider to provide an off-campus alternative for students and employees of the university to receive free and confidential services related to sexual and domestic violence.

(b) All University of Hawaii faculty members are designated as "responsible employees" under Public Law 92-318, Title IX of the federal Education Amendments of 1972, as amended, and shall report any violations of University of Hawaii executive policies regarding sexual harassment, sexual assault, domestic violence, dating violence, and stalking to the Title IX coordinator of the faculty member's campus; provided that any faculty member designated as a confidential advocate pursuant to subsection [~~(a)(5)~~] (a)(6) shall not be a "responsible employee"; provided further that the confidential advocate shall annually provide general statistics to the Title IX coordinator about the number and type of incidents received by the confidential advocate.

(c) All University of Hawaii students and employees shall complete the training required under subsection (a)(1), (a)(2), (a)(3), [~~and~~] (a)(4), and (a)(5) or may be subject to fines, sanctions, or other discipline, as deemed appropriate by the University of Hawaii."

SECTION 3. Section 305J-8, Hawaii Revised Statutes, is amended to read as follows:

"§305J-8 Authorization to operate in the State; private college or university. (a) To operate in the State, a private college or university shall:

(1) Be party to a reciprocity agreement to which the State is a member; or

(2) Apply for, on a form prescribed by the department, and receive authorization from the director; provided that the private college or university meets the requirements of section 305J-14; provided further that a private college or university shall apply for and obtain a separate authorization for each campus, branch, or site that is separately accredited. A separate authorization shall not be required for additional professional accreditations. A private, nonprofit college or university shall submit verification of its nonprofit status with its application.

(b) Upon receiving an application for authorization, the director shall review the application to confirm that the private college or university is accredited. The director shall not approve an application from a private college or university that, in the two years preceding submission of the application, has:

(1) Had its accreditation suspended or withdrawn;

(2) Been prohibited from operating in another state; or

(3) Substantially the same owners, governing board, or principal officers as a private college or university that has:

(A) Had its accreditation suspended or withdrawn; or

(B) Been prohibited from operating in another state.

(c) To operate in the State, a private college or university shall be accredited on the basis of an on-site review; provided that a candidate for accreditation seeking authorization to operate may be issued a provisional authorization to operate on an annual basis without accreditation subject to a determination by the director that issuance is in accordance with administrative rules, policies, or procedures adopted by the director. A candidate for accreditation may annually renew its provisional authorization for a period not to exceed five years, unless an extension is granted by the director for good cause.

(d) A private college or university shall notify the department within thirty days of any material information related to an action by the institution's accrediting body concerning the institution's accreditation status, including but not limited to reaffirmation or loss of accreditation, approval of a request for change, a campus evaluation visit, a focused visit, or approval of additional locations. In addition, the institution shall immediately notify the department if the institution's accrediting body is no longer recognized by the United States Department of Education.

(e) A private college or university under the jurisdiction of the department shall notify the department at least one year prior to its ceasing [of] operations in the State.

(f) A private college or university authorized pursuant to this chapter shall pay any and all fees established pursuant to section 305J-18.

(g) A private college or university authorized pursuant to this chapter shall, to the maximum extent possible, implement the procedures and protocols identified in section 304A-120 (a)(10) with respect to campus safety and accountability."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	691
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII