Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 326 (2017GS)

Sponsor

Rep. Coleman, K.

Final action

House/ filed 3/9/2017

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• enacts provisions that prohibit an institution of higher education from imposing a sanction on a student for violating the institution's code of conduct under certain circumstances;
• enacts provisions allowing an institution of higher education to report an allegation of sexual violence to a law enforcement agency under certain circumstances; and
• enacts other provisions related to the duties of an institution of higher education in circumstances related to sexual violence.

Every vote on this bill

Bill text

This document includes House Floor Amendments incorporated into the bill on Wed, Mar 8, 2017 at 2:55 PM by jeyring.
CAMPUS SEXUAL VIOLENCE PROTECTION ACT
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kim F. Coleman
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill enacts provisions related to sexual violence and institutions of higher
education.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ enacts provisions that prohibit an institution of higher education from imposing a
sanction on a student for violating the institution's code of conduct under certain
circumstances;
▸ enacts provisions allowing an institution of higher education to report an allegation
of sexual violence to a law enforcement agency under certain circumstances; and
▸ enacts other provisions related to the duties of an institution of higher education in
circumstances related to sexual violence.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
53B-27-101
, Utah Code Annotated 1953
53B-27-102
, Utah Code Annotated 1953
53B-27-201
, Utah Code Annotated 1953
53B-27-202
, Utah Code Annotated 1953
53B-27-203
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53B-27-101
 is enacted to read:
CHAPTER 27. CAMPUS INDIVIDUAL RIGHTS ACT
Part 1. General Provisions
 53B-27-101.
Title.
This chapter is known as the "Campus Individual Rights Act."
Section 2. Section 
53B-27-102
 is enacted to read:
 53B-27-102.
Definitions.
As used in this chapter, "institution" means an institution of higher education listed in
Section 
53B-1-102
.
Section 3. Section 
53B-27-201
 is enacted to read:
Part 2. Campus Sexual Violence Protection Act
 53B-27-201.
Definitions.
As used in this part:
(1) "Alleged perpetrator" means an individual whom an alleged victim alleges
committed an act of sexual violence against the alleged victim.
(2) "Alleged victim" means a student of an institution who alleges that the student was
a victim of sexual violence.
(3) "Code of conduct" means an institution's student code of conduct, student code of
ethics, honor code, or other policy under which the institution may sanction a student.
(4) "Covered allegation" means an allegation made to an institution that an individual
committed an act of sexual violence.
(5) "Institution" means a public or private postsecondary institution located in Utah,
including an institution of higher education listed in Section 
53B-1-102
.
(6) "Law enforcement agency" means the off-campus law enforcement agency of the
unit of local government with jurisdiction to respond to a covered allegation.
(7) "Sexual violence" means:
(a) sexual abuse as described in 18 U.S.C. Sec. 2242;
(b) aggravated sexual abuse as described in 18 U.S.C. Sec. 2241;
(c) assault resulting in substantial bodily injury as described in 18 U.S.C. Sec.
113(a)(7);
(d) sexual assault;
(e) dating violence;
(f) domestic violence; or
(g) stalking.
(8) "Student" means an individual enrolled in an institution.
Section 4. Section 
53B-27-202
 is enacted to read:
 53B-27-202.
Code of conduct violation -- Report of sexual violence.
(1) An institution may not sanction a student for a code of conduct violation related to
the use of drugs or alcohol if:
(a) the student is:
(i) an alleged victim of an act of sexual violence; or
(ii) a witness to an act of sexual violence;
(b) the student reports to the institution, in good faith, a covered allegation related to
the act of sexual violence described in Subsection (1)(a); and
(c) the institution learns of the student's code of conduct violation due to the student's
report described in Subsection (1)(b).
(2) An institution may refrain from sanctioning a student for a code of conduct
violation other than a violation described in Subsection (1) if:
(a) the criteria described in Subsections (1)(a) through (c) are met; and
(b) the institution determines that the interests of protecting the student from a sanction
outweigh the egregiousness of the violation.
Section 5. Section 
53B-27-203
 is enacted to read:
 53B-27-203.
Institution reporting of a covered allegation to a law enforcement
agency -- Articulable and significant threat -- Notification.
(1) (a) The alleged victim of a covered allegation may request that the institution not
report the covered allegation to a law enforcement agency.
(b) Except as provided in Subsection (1)(c), an institution shall comply with a request
described in Subsection (1)(a).
(c) An institution that receives a request described in Subsection (1)(a) may report the
covered allegation to a law enforcement agency if the institution determines, in accordance
with Subsection (2), that the information in the covered allegation creates an articulable and
significant threat to campus safety at the institution.
(2) To determine whether the information in a covered allegation creates an articulable
and significant threat described in Subsection (1)(c), the institution shall consider, if the
information is known to the institution, at least the following factors:
(a) whether the circumstances of the covered allegation suggest an increased risk that
the alleged perpetrator will commit an additional act of sexual violence or other violence;
(b) whether the alleged perpetrator has a history of arrests that indicates a history of
sexual violence or other violence;
(c) whether records from the alleged perpetrator's previous institution of higher
education indicate that the alleged perpetrator has a history of sexual violence or other
violence;
(d) whether the alleged perpetrator is alleged to have threatened further sexual violence
or other violence against the alleged victim or another individual;
(e) whether the act of sexual violence was committed by more than one alleged
perpetrator;
(f) whether the circumstances of the covered allegation suggest there is an increased
risk of future acts of sexual violence under similar circumstances;
(g) whether the act of sexual violence was perpetrated with a weapon; and
(h) the age of the alleged victim.
(3) (a) In accordance with Subsection (3)(b), an institution that reports a covered
allegation to a law enforcement agency in accordance with Subsection (1)(c) shall notify, in
writing
Ĥ→ [
,
] 
:
116a 
 (i)
 ←Ĥ
the individual from whom the institution received the report of the covered
116b 
allegation
Ĥ→ [
.
] 
; and
116c 
 (ii) the alleged victim of the covered allegation.
 ←Ĥ
(b) Within 24 hours of an institution's report to a law enforcement agency described in
Subsection (1)(c), the institution shall notify the
Ĥ→ [
individual
] 
individuals
 ←Ĥ
described in
118a 
Subsection (3)(a) of
the institution's report and the institution's reason for reporting the covered allegation.
(4) Nothing in this section supersedes an individual's obligation described in Section
62A-3-305
, 
62A-4a-403
, or 
78B-3-502
.
Legislative Review Note
Office of Legislative Research and General Counsel