HB 369

Abstract

Institutions of higher education; sexual misconduct policies; civil penalty. Requires the State Council of Higher Education for Virginia to appoint and convene a task force on combating sexual violence for the purpose of developing a base sexual misconduct campus climate survey to be distributed to institutions of higher education no less than annually. The bill defines "institution of higher education" as any public institution of higher education or any private institution of higher education. The bill permits each institution of higher education to append campus-specific questions to the base survey and, within 120 days after completion of the survey, requires each institution to submit a summary of the results to the Director of the Council and post a summary of the results on the institution's website in an easily accessible manner. The bill also requires survey data to be posted on the Council's website. The bill directs each institution of higher education to establish a written memorandum of understanding with a sexual assault crisis center, domestic violence center, or other victim support service in order to provide sexual assault victims with immediate access to a confidential, independent advocate who can provide a trauma-informed response that includes an explanation of options for moving forward. Currently, only Richard Bland College and each baccalaureate public institution of higher education and nonprofit private institution of higher education are required to enter into such agreements. The bill requires each institution of higher education to include in its campus security policy the designation of at least one confidential resource advisor whose role shall be to serve as a confidential resource for students and employees to discuss alleged acts of sexual misconduct and receive information on resources available to such students or employees. The bill creates a statutory privilege between the confidential resource advisor and a student or employee who is sharing information with such confidential resource advisor. The bill sets out required awareness programming and training for students and employees to be conducted each year by each institution of higher education. The bill also requires each institution of higher education to adopt a policy on sexual misconduct that includes information set out in the bill and provides information that the institution shall provide to parties involved in an alleged incident of sexual misconduct. The bill sets forth data reporting requirements of sexual misconduct incidences and investigations that each institution of higher education shall prepare annually. After reasonable notice and opportunity for a hearing, upon determination that an institution of higher education has violated or failed to carry out any provision or any rule adopted under the bill, the Director of the Council may impose a civil penalty upon such institution for each violation not to exceed $150,000, which shall be adjusted for inflation annually, or one percent of an institution's annual operating budget, whichever is lower.

A BILL to amend and reenact §§ 23.1-806 and 23.1-807 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 8.01-400.3 and by adding in Title 23.1 a chapter numbered 9.1, containing articles numbered 1 through 4, consisting of sections numbered 23.1-910 through 23.1-919, relating to institutions of higher education; sexual misconduct policies; civil penalty. 24101931D