Bill Text: HI HR53 | 2015 | Regular Session | Introduced

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Bill Title: University of Hawaii; Affirmative Consent Task Force

Spectrum: Strong Partisan Bill (Democrat 18-1)

Status: (Introduced - Dead) 2015-03-16 - Referred to HED, JUD, FIN, referral sheet 33 [HR53 Detail]

Download: Hawaii-2015-HR53-Introduced.html

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HOUSE OF REPRESENTATIVES	H.R. NO.	53
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII

HOUSE RESOLUTION

 

 

REQUESTING THE UNIVERSITY OF HAWAII TO CONVENE A TASK FORCE TO REVIEW its CURRENT POLICY ON AFFiRMATIVE CONSENT.

 

 

     WHEREAS, Title IX of the Education Amendments of 1972 ("Title IX") prohibits discrimination on the basis of sex in education programs and activities that receive any federal funds; and

 

     WHEREAS, Title IX protects all individuals, regardless of their gender or gender identity, from sexual harassment and violence, which are forms of discrimination; and

 

     WHEREAS, Title IX has been renamed the Patsy Takemoto Mink Equal Opportunity in Education Act in recognition of the late United States Representative Patsy Mink's tireless efforts to develop and pass Title IX; and

 

     WHEREAS, the Violence Against Women Act ("VAWA") is aimed at ending violence against women and girls and remedying laws and social practices that, in the past, have fostered and justified violence against women and girls; and

 

     WHEREAS, the provisions of VAWA have been carefully crafted with the input and assistance of more than 2,000 advocates and experts from around the nation; and

 

     WHEREAS, VAWA ensures that survivors of sexual assault have access to necessary services; improves institutional responses to violence; provides access to services for gay, lesbian, bisexual, and transgender survivors who frequently are excluded from services; and ensures that survivors of sexual assault in Native American communities and in the United States Territories have access to justice; and

 

     WHEREAS, there has been increasing media attention surrounding allegations of sexual misconduct on college campuses focusing on universities' perceived "deliberate indifference" and lack of institutional response to a growing number of incidents and allegations of sexual violence and sexual harassment; and

 

     WHEREAS, many universities across the nation have implemented organizational and policy changes to better address concerns from a variety of sources that include students, parents, and educators; and

 

     WHEREAS, the University of Hawaii is committed to maintaining and promoting safe, respectful campus environments that are free from discrimination, harassment, and sexual violence; and

 

     WHEREAS, the University of Hawaii prohibits and does not tolerate sexual harassment, sexual assault, domestic violence, dating violence, and stalking; and

 

     WHEREAS, the University of Hawaii Board of Regents currently has an executive policy in place concerning incidents of sexual assault, domestic violence, dating violence, and stalking that are subject to the data collection requirements of the federal Higher Education Act of 1965, 20 United States Code section 1092(f), and involve a student, faculty member, or staff member, whether on or off campus; and

 

     WHEREAS, the University of Hawaii Board of Regents understands and appreciates the need to review all policies, including the executive policy on sexual assault and sexual harassment; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-eighth Legislature of the State of Hawaii, Regular Session of 2015, that various stakeholders are requested to convene an Affirmative Consent Task Force (Task Force) to review and make recommendations on the University of Hawaii's Executive Policy on Domestic Violence, Dating Violence, Sexual Assault, and Stalking; and
     BE IT FURTHER RESOLVED that the Task Force shall comprise:

 

     (1)  The President of the University of Hawaii, or the President's designee;

 

     (2)  The Vice President for Community Colleges, or the Vice President's designee;

 

     (3)  The Chancellor of the University of Hawaii at Manoa, or the Chancellor's designee;

 

     (4)  The Chancellor of the University of Hawaii at Hilo, or the Chancellor's designee;

 

     (5)  The Chancellor of the University of Hawaii at West Oahu, or the Chancellor's designee;

 

     (6)  The Executive Director of the Hawaii State Commission on the Status of Women, or the Executive Director's designee;

 

     (7)  The Chair of the University of Hawaii Commission on the Status of Women, or the Chair's designee;

 

     (8)  The Executive Director of the Sex Abuse Treatment Center;

 

     (9)  A member of the American Civil Liberties Union; and

 

    (10)  A member of the Women's Legislative Caucus of the Legislature; and

 

     BE IT FURTHER RESOLVED that the Task Force is requested to consider the following concepts when reviewing and revising the current policy:

 

     (1)  Affirming the University of Hawaii's commitment to increasing resources and strengthening the institutional infrastructure of all of its campuses to more effectively address the issue of affirmative consent;

 

     (2)  Considering best practices and current professional standards in reviewing and revising the current policy; and

 

     (3)  Using contemporary corrective actions consistent with academic environments, standard business practices, and the laws of the State; and

 

     BE IT FURTHER RESOLVED that the Task Force shall take into consideration that the policy shall provide guidance for the following at each campus within the University of Hawaii system:

 

     (1)  Comprehensive education and prevention programs that inform the University of Hawaii community about the policies, resources, complaint options, remedies, and the risks and myths that contribute to sexual harassment, sexual assault, domestic violence, dating violence, and stalking;

 

     (2)  Information and assistance for individuals who report alleged sexual harassment and sexual violence, including informing individuals about their right to file criminal charges as well as the availability of on- and off-campus resources (e.g., medical, counseling, advocacy, legal, and other support services, including confidential options) and alternative remedies, such as housing, academic, or workplace accommodations, if appropriate and reasonably available, regardless of whether the individual chooses to file a complaint with or report a crime to campus security or a local law enforcement agency;

 

     (3)  Prompt and equitable complaint procedures for students and employees that are accessible and widely publicized on a regular basis;

 

     (4)  Information for both respondents and complainants that they have the same rights during a student disciplinary hearing or investigation, including the right to a fair and impartial process; to be accompanied by an advisor; to give their side of the story and present all relevant evidence; to receive simultaneous updates on the status of the investigation and written notice of the outcome, including relevant sanctions imposed on student respondents; and to appeal; and

 

     (5)  Provisions for corrective actions that the campuses will implement or instill, including remedies and disciplinary sanctions, to end incidents of harassment or sexual violence and to prevent their recurrence; and

 

     BE IT FURTHER RESOLVED that the Task Force is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than 20 days prior to the convening of the Regular Session of 2016; and

 

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Board of Regents of the University of Hawaii, President of the University of Hawaii, and each Chancellor on the Council of Chancellors of the University of Hawaii system.

 

 

 

	OFFERED BY:	_____________________________

Report Title: 

University of Hawaii; Affirmative Consent Task Force