A4858

An Act concerning sexual harassment and sexual violence at institutions of higher education and supplementing chapter 3B of Title 18A of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. An institution of higher education that receives State operating aid shall provide annual training to employees designated by the institution as “responsible employees.” The training shall address how to respond to and report an allegation of sexual harassment or sexual violence made by a student enrolled in the institution. Responsible employees shall include:

(1) designated faculty and other instructional staff of the institution;

(2) all employees of the campus police and campus security units;

(3) all administrators of the institution;

(4) all employees of the office of the general counsel of the institution;

(5) designated health personnel;

(6) all resident advisors; and

(7) any other personnel designated by the institution as being likely to witness or receive a report of an act of sexual harassment or sexual violence made by a student enrolled in the institution.

b. The training required pursuant to subsection a. of this section shall provide a responsible employee with information on:

(1) the duty of the responsible employee to promptly disclose the limits of the employee’s confidentiality to a victim who initiates a report of an act of sexual harassment or sexual violence;

(2) how to respond appropriately to a report of an act of sexual harassment or sexual violence; and

(3) the responsible employee’s duty to report an act of sexual harassment or sexual violence to the appropriate institutional authorities.

c. A responsible employee shall report an alleged act of sexual harassment or sexual violence to the appropriate institution authorities. A responsible employee shall report an alleged act that occurred:

(1) on campus;

(2) at off-campus locations where significant institution activities take place, including private housing, study abroad and other remote educational programs, campus transportation vehicles and facilities, or at classes, programs, or events sponsored by the institution; or

(3) via electronic communication, including texting and the use of social media platforms, during class or institution activities.

d. Nothing in this section shall be construed to restrict a student’s rights under the “Campus Sexual Assault Victim’s Bill of Rights,” established pursuant to P.L.1994, c.160 (C.18A:61E-1 et seq.).

e. In the event that an institution of higher education that receives State operating aid receives a report of an act of sexual harassment or sexual violence made by a student enrolled in the institution, the institution shall investigate to determine what occurred and take appropriate steps to resolve the situation.

f. As used in this section:

“Sexual harassment” means unwelcome conduct of a sexual nature, including unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature.

“Sexual violence” means physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to the person’s age or use of drugs or alcohol, or because an intellectual or other disability prevents the student from having the capacity to give consent.

2. This act shall take effect immediately and shall first apply to the first full academic year following the date of enactment.

STATEMENT

On May 6, 2020, the United States Department of Education released rules on the reporting and investigation of sexual harassment and sexual violence in educational institutions. These rules withdrew the guidance documents on the subject from President Barack Obama’s administration. Among numerous other changes, the new federal rules limited who in the higher education community is required to report an observation or allegation of an incident of sexual harassment or sexual violence that would trigger an investigation by an institution of higher education. This bill will place greater responsibility on an institution of higher education that receives State operating aid to report and respond to incidents of sexual harassment or sexual violence in a manner similar to the requirements under the Obama-era guidance documents.

This bill requires an institution of higher education that receives State operating aid to provide annual training to employees designated by the institution as “responsible employees.” Under the bill, the training will address how to respond to and report an allegation of sexual harassment or sexual violence made by a student enrolled in the institution. Under the bill, responsible employees include: designated faculty and other instructional staff of the institution; all employees of the campus police and campus security units; all administrators of the institution; all employees of the office of the general counsel of the institution; designated health personnel; all resident advisors; and any other institution personnel designated as being likely to witness or receive a report of an act of sexual harassment or sexual violence made by a student enrolled in the institution.

Under the bill, the required training will provide responsible employees with information on:

· the duty of the responsible employees to promptly disclose the limits of their confidentiality to a victim who initiates a report of an act of sexual harassment or sexual violence;

· how to respond appropriately to a report of an act of sexual harassment or sexual violence; and

· the duty to report an act of sexual harassment or sexual violence to the appropriate institution authorities.

The bill requires a responsible employee to report an alleged act of sexual harassment or sexual violence to the appropriate institution authorities. Under the bill, a responsible employee is required to report an alleged act that occurred on campus, off campus, or via electronic communication.

The bill further requires that, in the event that an institution of higher education that receives State operating aid receives a report of an act of sexual harassment or sexual violence made by a student, the institution must investigate to determine what occurred and take appropriate steps to resolve the situation.