A5597

An Act concerning the campus climate survey administered by institutions of higher education and amending and supplementing P.L.2019, c.299.

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

1. Section 4 of P.L.2019, c.299 (C.18A:61E-10) is amended to read as follows:

4. It shall be the responsibility of the commission to further the work of the Task Force on Campus Sexual Assault established pursuant to P.L.2015, c.165. In particular, the commission shall:

a. study and evaluate emerging issues, policies, and practices concerning campus sexual assault, dating and domestic violence, and stalking on college campuses;

b. monitor the response to, and implementation of, the recommendations put forth in the report issued by the task force established pursuant to P.L.2015, c.165 and the Working Group on Safe and Inclusive Learning Environments established pursuant to Executive Order No. 61 of 2019;

c. supplement the findings and recommendations, as necessary, of the report issued by the task force established pursuant to P.L.2015, c.165;

d. monitor the progress of, and offer technical assistance to, institutions of higher education in implementing a uniform campus climate survey, which shall be developed by the Secretary of Higher Education pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill). An institution of higher education shall conduct a uniform campus climate survey at intervals no longer than four years and submit the de-identified survey data to the Office of the Secretary of Higher Education. The Office of the Secretary of Higher Education shall share the findings with the commission; and

e. develop an action plan that includes policies, programs, or procedures responsive to the issues and needs identified by institutions of higher education from [their] the uniform campus climate survey.

(cf: P.L.2020, c.104, s.3)

2. (New section) a. The Secretary of Higher Education shall establish a uniform campus climate survey instrument.

b. The uniform campus climate survey instrument developed by the secretary shall be designed to help campus leaders better understand the experiences and attitudes of students with regard to campus sexual assault and misconduct and shall:

(1) focus on collecting data that will better facilitate the efforts of institutions of higher education to address, prevent, and respond to campus sexual assault and misconduct;

(2) collect data on respondents’ direct and indirect experiences with nonconsensual sexual contact, threats of sexual violence, and sexual assaults occurring on the campus of the institution of higher education;

(3) measure each institution’s response to sexual assault and misconduct;

(4) collect data on student attitudes towards sexual assault and misconduct;

(5) collect data on bystander attitudes and behavior in relation to sexual assault and misconduct;

(6) evaluate the experiences of sexual assault victims enrolled in the institution as it relates to meeting their physical health, mental health, and academic needs; and

(7) evaluate student awareness and access to institution and community resources for victims of sexual assault and misconduct.

c. In addition to conducting the campus climate survey using the instrument developed by the secretary, an institution of higher education may tailor additional questions to meet the specific needs of the institution. The responses to these questions shall not be submitted to the Campus Sexual Assault Commission or the Secretary of Higher Education.

d. The Campus Sexual Assault Commission shall annually conduct a comparative analysis using the information submitted to the commission pursuant to subsection d. of section 4 of P.L.2019, c.299 (C.18A:81E-10). The comparative analysis shall identify Statewide or sector-specific trends and track institutional and Statewide progress over time.

3. (New section) An institution of higher education shall publish the results of its most recent uniform campus climate survey on the Internet website of the institution in a manner that protects student privacy and prevents the sharing of personally-identifiable information.

4. (New section) a. The Legislature shall provide funding to the Office of the Secretary of Higher Education and the Campus Sexual Assault Commission in such amounts and with such frequency as may be necessary for the development and administration of the uniform campus climate survey required pursuant to section 4 of P.L.2019, c.299 (C.18A:61E-10) and section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).

b. The Secretary of Higher Education shall use a portion of the funds to develop:

(1) the uniform campus climate survey instrument required pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill); and

(2) such technical assistance documents and trainings as may be necessary to ensure the successful administration and analysis of the survey at each institution of higher education.

c. The commission shall use a portion of the funds to conduct the comparative analysis required pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).

d. The secretary shall distribute the remaining funds to institutions of higher education for the administration and analysis of the survey.

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

STATEMENT

This bill concerns the campus climate survey conducted by institutions of higher education.

Current law requires each institution of higher education to conduct a campus climate survey every four years. Each institution has met this requirement using a different survey instrument. Consequently, the ability to compare data across institutions is limited. This bill requires each institution to administer a uniform campus climate survey.

The bill requires each institution of higher education to conduct a uniform campus climate survey developed by the Secretary of Higher Education. The uniform campus climate survey instrument will: (1) focus on collecting data that will better facilitate the efforts of institutions of higher education to address, prevent, and respond to campus sexual assault and misconduct; (2) collect data on respondents’ direct and indirect experiences with nonconsensual sexual contact, threats of sexual violence, and sexual assaults occurring on the campus of the institution of higher education; (3) measure each institution’s response to sexual assault and misconduct; (4) collect data on student attitudes towards sexual assault and misconduct; (5) collect data on bystander attitudes and behavior in relation to sexual assault and misconduct; (6) evaluate the experiences of sexual assault victims enrolled in the institution as it relates to meeting their physical health, mental health, and academic needs; and (7) evaluate student awareness and access to institution and community resources for victims of sexual assault and misconduct.

In addition to conducting the campus climate survey using the instrument developed by the secretary, an institution may tailor additional questions to meet the needs of the institution or address institutional-specific concerns. The responses to those questions will not be submitted to the Campus Sexual Assault Commission or the Secretary of Higher Education. The commission is required to annually conduct a comparative analysis using the information submitted to the commission. The comparative analysis will identify Statewide or sector-specific needs and track institutional and Statewide progress over time.

Under the bill, an institution of higher education will publish the results of its most recent uniform campus climate survey on the Internet website of the institution in a manner that protects student privacy and prevents the sharing of personally-identifiable information.

This bill directs the Legislature to provide funding to the Office of the Secretary of Higher Education and the Campus Sexual Assault Commission in such amounts and with such frequency as may be necessary for the development and administration of the uniform campus climate survey. The bill requires the Secretary of Higher Education to use a portion of the funds to develop: (1) a uniform campus climate survey instrument; and (2) such technical assistance documents and trainings as may be necessary to ensure the successful administration and analysis of the survey at each institution of higher education. The bill requires the commission to use a portion of the funds to conduct the comparative analysis required under the bill. Finally, the bill directs the secretary to distribute the remaining funds to institutions of higher education for the administration and analysis of the survey.