ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

Senate: ED DPA/SE 8-0-0-0 | 3rd Read 28-0-2-0

SB 1626: sexual misconduct; universities; community colleges

S/E: ABOR: community colleges; sexual misconduct

Sponsor: Senator Mesnard, LD 17

Committee on Education

 

Summary of the Strike-Everything Amendment to SB 1626

Overview

Requires the Arizona Board of Regents (ABOR) and each community college district (CCD) to establish a respective prevention of sexual misconduct on campus task force (task force). Establishes reporting requirements for universities under the jurisdiction of ABOR (universities) and community colleges relating to sexual misconduct.

History

Arizona Board of Regents (ABOR) policy details a Student Code of Conduct policy to meet its responsibilities under state law. The Student Code of Conduct prohibits sexual misconduct, which is defined to mean sexual violence, sexual harassment or other unwanted or non-consensual sexual conduct. ABOR policy authorizes the presidents of the universities to enforce the Student Code of Conduct and permits the dean of students to take action against a student who violates the Student Code of Conduct, including expulsion, suspension and restricted access to university property (ABOR Policy 5-308).

A community college is an educational institution that provides program training in the arts, sciences and humanities beyond the 12th grade. A community college is operated by a CCD governing board (A.R.S. § 15-1401).

Title IX of the Education Amendments of 1972 prohibits sex discrimination in any education program or activity that receives federal financial assistance (20 U.S.C. § 1681). Federal law requires each recipient of federal financial assistance to designate and authorize at least one employee to comply with the requirements of Title IX (34 C.F.R. § 106).

Provisions

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteTask Forces

1.   Instructs ABOR to establish a task force that consists of nine specified members appointed by ABOR. (Sec.1)

2.   Requires each CCD to establish a task force that each consists of eight specified members appointed by the respective CCD's governing board. (Sec. 1)

3.   Directs the ABOR task force and each CCD task force to elect a chairperson from among its members. (Sec. 1)

4.   Details the ABOR task force and each CCD task force, respectively, must:

a)   Create a reporting outline the universities or community colleges must use for the required sexual misconduct reports;

b)   Review the required sexual misconduct reports submitted by the universities or community colleges;

c)   Review policies prohibiting sexual misconduct and policies providing supportive measures for sexual misconduct victims that are in place at the universities or community colleges;

d)   Make recommendations to ABOR and the universities or to the CCD governing boards on actions relating to the prevention of sexual misconduct;

e)   Develop and update a base survey to be administered by the universities or community colleges to students;

f) Provide the universities or community colleges with recommendations regarding the content and distribution of the base survey;

g)   Determine the timing and distribution of the base survey and the due date for the required sexual misconduct reports; and

h)   Collaborate with the CCD task forces or the ABOR task force to ensure comparable data and reporting outlines and to determine the first reporting year for the required sexual misconduct reports. (Sec. 1)

5.   Specifies the base survey must be able to be distributed online. (Sec. 1)

6.   Requires the ABOR task force and each CCD task force to use best practices from peer-reviewed research and consult with individuals with expertise in developing sexual misconduct climate surveys. (Sec. 1)

7.   Authorizes the ABOR task force and each CCD task force to use an existing survey tool that has been previously developed, rather than developing a base survey. (Sec. 1)

8.   Establishes that the base survey must be administered and the required sexual misconduct reports must be due once every two years. (Sec. 1)

9.   Mandates the due date for the required sexual misconduct reports be less than one year after the completion of the base survey or November 1, whichever is earlier. (Sec. 1)

10.  Details the first reporting year cannot be later than 2025 and subsequent reporting years must occur every other year thereafter. (Sec. 1)

11.  Instructs the ABOR task force and each CCD task force to distribute the base surveys to the universities or community colleges, respectively. (Sec.1)

12.  Requires each university and community college to:

a)   Administer the base survey openly to all students;

b)   Attempt to notify currently enrolled students and students who have been enrolled within the past two years of when the base survey is distributed and invite these students to participate in the base survey; and

c)   Distribute the base survey online and in an accessible format to individuals with disabilities. (Sec. 1)

13.  Permits each university and community college to add questions to the base surveys and adjust the base surveys to meet the university's or community college's needs. (Sec. 1)

14.  Prohibits adjustments to the base survey from requiring any personally identifiable information. (Sec. 1)

15.  Requires each CCD task force, by December 1 of each reporting year, to compile the information from the required sexual misconduct reports into a single report and transmit the report to the ABOR task force. (Sec. 1)

16.  Instructs the ABOR task force, by December 31 of each reporting year, to:

a)   Compile all reports received from the universities and the CCD task forces into a statewide report; and

b)   Submit the statewide report to the Governor, President of the Senate and the Speaker of the House of Representatives. (Sec.1)

Required Sexual Misconduct Reports

17.  Directs each university and community college to submit a report to its respective task force chairperson, by the date of each reporting year prescribed by the relevant task force, that includes the following information for the academic year in which the base survey is administered:   

a)   Relevant data regarding sexual misconduct incidents;

b)   Policies in effect prohibiting sexual misconduct and policies providing supportive measures;

c)   Resources both at the university or community college and in the community for students who have experienced sexual misconduct;

d)   Steps the university or community college has taken to mitigate sexual misconduct risks;

e)   The results and findings of the base survey; and

f) Any other relevant information. (Sec. 1)

18.  States these reports must provide information in an anonymous manner that complies with privacy laws. (Sec .1)

19.  Requires the university and community colleges to post the reports on their websites. (Sec.1)

20.  Specifies a university or community college is not required to submit a report until the first reporting year as determined by the task forces. (Sec. 1)

Miscellaneous

21.  Defines employee, institution, report of sexual misconduct, sexual misconduct, student and Title IX. (Sec. 1)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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                        SB 1626

Initials CH       Page 0 Education

 

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