SB1626 - 552R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 15, chapter 14, Arizona Revised Statutes, is amended by adding article 9.2, to read:

ARTICLE 9.2. SEXUAL MISCONDUCT

START_STATUTE15-1893. Definitions

In this article, unless the context otherwise requires:

1. "Employee" means an individual who is employed full time or part time at an institution.

2. "Institution" means any university under the jurisdiction of the Arizona board of regents or community college as defined in section 15-1401.

3. "Reporting party" means a student or employee who reports having experienced an incident of sexual misconduct to the institution.

4. "Responding party" means a student or employee who has been accused of committing an alleged incident of sexual misconduct.

5. "Sexual misconduct" means an incident of any of the following:

(a) Sexual harassment. For the purposes of this subdivision, "sexual harassment" means sexual harassing as defined in section 32-3251, paragraph 16, subdivision (aa).

(b) Sexual violence. For the purposes of this subdivision, "sexual violence" means a physical sexual act perpetrated against a person's will or for which a person is incapable of giving consent.

(d) Stalking as prescribed in section 13-2923.

(e) Harassment or violence based on sexual orientation or gender.

(f) Any other sex-based harassment or violence.

6. "Student" means an individual who is participating or seeking to participate in a credit-bearing program through an institution, whether part time or full time or as an extension student, or who has taken a leave of absence or withdrawn from the institution due to being a victim of sexual misconduct. END_STATUTE

START_STATUTE15-1893.01. Prevention of sexual misconduct on campus task force; membership; duties; base survey

A. The prevention of sexual misconduct on campus task force is established consisting of the following members:

1. A licensed clinical social worker who has experience in assisting victims of rape and domestic violence and who is appointed by the speaker of the house of representatives.

2. An attorney who is licensed in this state, who specializes either in sexual assault and domestic violence or in women's advocacy and who is appointed by the president of the senate.

3. An attorney who is licensed in this state, who specializes in defending those accused of sexual misconduct and who is appointed by the speaker of the house of representatives.

4. A member of the senate who is appointed by the president of the senate.

5. A member of the house of representatives who is appointed by the speaker of the house of representatives.

6. A representative from the Arizona board of regents who is appointed by the president of the senate.

7. An executive representative from each university under the jurisdiction of the Arizona board of regents, each of whom is appointed by the governor.

8. An executive representative from a community college district in a county with a population of five hundred thousand or more persons who is appointed by the governor.

9. An executive representative from a community college district in a county with a population of less than five hundred thousand persons who is appointed by the governor.

10. A title IX coordinator from an institution who is appointed by the governor. For the purposes of this paragraph, "title IX" means title IX of the education amendments act of 1972.

11. A resident of this state who is employed by a public or private nonprofit organization that serves victims of sexual violence and who is appointed by the governor.

12. A resident of this state who is a researcher with experience in developing and designing sexual misconduct climate surveys and who is appointed by the governor.

13. A resident of this state who is a researcher with experience in statistics, data analytics or econometrics and who is appointed by the governor.

B. The task force shall elect a chairperson from among the members appointed pursuant to subsection A of this section.

C. The task force shall do all of the following:

1. Review annual reports submitted pursuant to section 15-1893.03.

2. Review policies prohibiting sexual misconduct that are in place at institutions.

3. Advise the Arizona board of regents and institutions on actions relating to the prevention of sexual misconduct to be taken by institutions.

4. Develop and annually update a base survey to be used by institutions and provide the institutions with recommendations regarding the content, timing and distribution of the survey. The base survey must be able to be distributed online. In developing the base survey, the task force shall use best practices from peer-reviewed research and consult with individuals with expertise in developing sexual misconduct climate surveys.

D. The base survey developed under subsection C, paragraph 4 of this section must gather at least the following information:

1. The number and type of incidents, whether officially reported or unreported, of sexual misconduct at the institution.

2. When each incident of sexual misconduct occurred. The survey may not require the disclosure of a specific date or time of an incident.

3. Where, in general terms, each incident of sexual misconduct occurred. The survey may not require the disclosure of the specific location of an incident.

4. Who perpetrated the sexual misconduct, such as student, employee or third-party vendor or someone else.

5. Student and employee awareness of the institution's policies and procedures related to sexual misconduct.

6. If an incident of sexual misconduct was reported to the institution, to whom it was reported.

7. If an incident of sexual misconduct was not reported to the institution, why the individual chose not to report.

8. Whether an incident of sexual misconduct was reported to a teacher, friend, peer or family member.

9. If a student or employee reported an incident of sexual misconduct, whether the individual was informed of or referred to local, state, campus or other resources, or victim support services, such as counseling or medical care.

10. Demographic information that could be used to identify groups that are at risk of sexual misconduct, including race, nationality, sex, sexual orientation, disability status or immigration status.

11. Whether a student decided to withdraw, transfer or take a leave of absence from the institution, or considered doing so, as a result of being a reporting party.

12. Whether a student decided to withdraw, transfer or take a leave of absence from the institution, or considered doing so, as a result of being a responding party.

13. Community attitudes toward sexual misconduct, including the willingness of bystanders to intervene.

E. The task force shall distribute the base survey developed under subsection C, paragraph 4 of this section to the institutions for use by the institutions. An institution:

1. May add additional questions to the base survey.

2. May not force any student or employee to participate in the base survey.

3. Shall administer the base survey openly to all students and employees.

4. Shall notify all students and employees of and invite them to participate in the base survey.

5. Shall distribute the base survey online and provide reasonable accommodations to individuals with disabilities to take the survey. END_STATUTE

START_STATUTE15-1893.02. Sexual misconduct information; availability to students and employees

A. Each institution shall make all of the following information regarding sexual misconduct available to students and employees:

1. How to anonymously report information about an incident of sexual misconduct without giving specifics or filing an official report.

2. The institution's policies regarding sexual misconduct and reporting.

3. Existing laws relating to sexual misconduct and the rights of reporting parties and responding parties.

4. The institution's annual report submitted pursuant to section 15-1893.03.

5. Who to contact during or immediately following an emergency situation involving sexual misconduct.

6. Who to contact to make a report following an incident of sexual misconduct.

B. Each institution shall make the information prescribed in subsection A of this section available by both:

1. Posting the information in a clear and easily accessible location on the institution's website.

2. Displaying in congregate areas, including common spaces, bathrooms and dormitories, a website address that includes the information or directions on how to access the information. END_STATUTE

START_STATUTE15-1893.03. Annual report; posting

A. On or before November 1 of each year, each institution shall submit a report to the president of the senate, the speaker of the house of representatives and the prevention of sexual misconduct on campus task force established by section 15-1893.01, and shall submit a copy of the report to the secretary of state, that includes all of the following information:

1. The total number of allegations of sexual misconduct reported to the institution's title IX coordinator by a student or employee of the institution against another student or employee of the institution. For the purposes of this paragraph, "title IX" means title IX of the education amendments act of 1972.

2. The number of students and employees found to be responsible for violating the institution's policies prohibiting sexual misconduct and the number of students and employees who faced disciplinary action.

3. The number of students and employees found to be not responsible for violating the institution's policies prohibiting sexual misconduct.

4. The number of disciplinary actions imposed by the institution as a result of a finding of responsibility for violating an institution's policies prohibiting sexual misconduct. The report shall provide information in an anonymous manner that complies with state and federal privacy laws.

5. The number of law enforcement investigations initiated in response to reports of sexual misconduct brought forward by students and employees of the institution against another student or employee of the institution, if known.

6. The number of students who reported sexual misconduct and who took a leave of absence, transferred, withdrew or were expelled from the institution.

7. Steps the institution has taken to mitigate risks of sexual misconduct, provide resources to affected students and employees and communicate with students and employees.

8. The results and findings of the base survey administered under section 15-1893.01, subsection E.

9. Any other relevant information the institution wishes to provide.

B. The institution must post the report required by subsection A of this section on the institution's website so that it is publicly available and easily accessible to students and employees. END_STATUTE