S2775

An Act concerning bias intimidation at public institutions of higher education and supplementing Title 18A of the New Jersey Statutes.

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

1. As used in this act:

“Bias intimidation” shall have the same meaning as set forth in N.J.S.2C:16-1.

“Campus authorities” means any individuals or organizations specified in an institution's statement of campus security policy as the individuals or organizations to whom students and employees should report criminal offenses.

“Law enforcement agency” means a department, division, bureau, commission, board or other authority of the State or of any political subdivision thereof which employs law enforcement officers.

2. a. In order to receive State funds for student assistance programs, a public institution of higher education shall post on the institution’s Internet website the institution’s crime statistics for each campus and annual security report as required pursuant to the “Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act” (20 U.S.C. s.1092(f)).

b. The information required pursuant to subsection a. of this section shall be posted on the Internet website in a prominent and easily accessible location.

c. A public institution of higher education shall ensure that the page of the institution’s Internet website required pursuant to subsection a. of this section includes:

(1) the institution’s policy prohibiting bias intimidation as required pursuant to section 4 of this act;

(2) a link to the United States Department of Education’s Internet website for campus safety and security;

(3) a link to the institution’s crime statistics for each campus as required pursuant to subsection (12) of 20 U.S.C. s.1092(f); and

(4) statistics related to bias intimidation incidents and offenses as required pursuant to subparagraph (ii) of paragraph (F) of subsection (1) of 20 U.S.C. s.1092(f).

d. A public institution of higher education shall inform every student and incoming student of the information required to be included on the institution’s Internet website pursuant to subsection a. of this section, the institution’s policy established pursuant to section 4 of this act, and the statistics related to bias intimidation incidents as required pursuant to paragraph (4) of subsection c. of this section.

3. A public institution of higher education shall incorporate a course module on bias intimidation into the institution’s first-year student programming. The course module shall include, but not be limited to: the institution’s policy prohibiting bias intimidation as required pursuant to section 4 of this act; the nature and circumstances relating to bias intimidation on campuses; the statistics related to bias intimidation incidents at each campus of the institution; and bias related prevention measures established by the institution.

4. a. The governing board of a public institution of higher education shall adopt a policy prohibiting bias intimidation. The policy shall contain, at a minimum:

(1) a statement prohibiting bias intimidation, and affirming the institution’s values of diversity and inclusion;

(2) disciplinary actions which may result if a person commits an act of bias intimidation;

(3) a definition of bias intimidation that includes any offense as set forth in N.J.S.2C:16-1;

(4) a description of the institution’s programs to combat bias intimidation, which shall be aimed at the prevention of bias intimidation;

(5) a procedure for a student to internally report an incident of bias intimidation to campus authorities;

(6) a procedure that the institution shall follow once an incident of bias intimidation has been reported, including:

(a) a requirement for campus authorities to investigate a reported incident of bias intimidation;

(b) a requirement to alert a law enforcement agency of a reported incident of bias intimidation; and

(c) a clear statement that the accuser and the accused shall be informed of the outcome of any disciplinary proceedings in response to an allegation of bias intimidation;

(7) the identification of a designated employee or office at the institution that shall be responsible for receiving and tracking each report of bias intimidation; and

(8) a description of existing counseling, mental health, or student services, both on campus and in the community, for victims or persons who commit acts of bias intimidation.

b. The institution shall distribute the policy by email or other appropriate means to each student and employee within seven days of the start of each semester and shall post the policy on its Internet website.

5. This act shall take effect immediately.

STATEMENT

This bill requires a public institution of higher education to post bias intimidation and crime statistics on the institution’s Internet website. The bill also requires a public institution of higher education to adopt a bias intimidation policy.

The “Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act” (Clery Act) requires institutions of higher education that participate in Title IV student financial assistance programs to disclose information about crime on and around the institution’s campuses to students and the public. Specifically, the Clery Act requires institutions of higher education to release statistics, for the previous three years, related to bias intimidation and hate crimes for the following offenses: murder; sex offenses; robbery; aggravated assault; burglary; motor vehicle theft; manslaughter; arson; arrests or persons referred for campus disciplinary action for liquor law violations, drug-related violations, and weapons possession; larceny-theft; simple assault; intimidation; and destruction, damage, or vandalism of property, and any other crimes that involve bodily injury to any person. These statistics are currently publicly available on the United States Department of Education’s Campus Safety and Security Internet website.

Additionally, New Jersey law criminalizes acts of bias intimidation, defined as certain offenses committed with the purpose to intimidate or with the knowledge that the offense would intimidate an individual or group of individuals because of, protected characteristics, such as race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity.

This bill requires public institutions of higher education to post the statistics required under the Clery Act at a publicly accessible location on the institution’s Internet website. Specifically, the bill requires an institution to post: (1) the institution’s policy prohibiting bias intimidation; (2) a link to the United States Department of Education’s Internet website for campus safety and security; (3) a link to the institution’s crime statistics for each campus; and (4) statistics related to bias intimidation incidents at each of the institution’s campuses.

The bill requires the institution to inform every student and incoming student of the institution’s Internet website. Additionally, the bill requires a public institution of higher education to incorporate a course module on bias intimidation into the institution’s first-year student programming.

Finally, the bill requires the governing board of each public institution of higher education to adopt a policy prohibiting bias intimidation. Under the bill, the policy is required to include: (1) a statement prohibiting bias intimidation and affirming the institution’s values to diversity and inclusion; (2) disciplinary actions if a person commits an act of bias intimidation; (3) a definition of bias intimidation; (4) a description of the institution’s programs to combat bias intimidation; (5) a procedure for a student to internally report an incident; (6) a procedure that the institution is to follow once an incident has been reported; (7) the identification of a designated employee or office at the institution that is to be responsible for receiving and tracking each report; and (8) a description of existing counseling options available to victims and perpetrators.