Bill Text: MI HB6091 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Education: other; protections against harassment by an educational institution; provide for. Amends secs. 401 & 402 of 1976 PA 453 (MCL 37.2401 & 37.2402).
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced) 2024-11-14 - Bill Electronically Reproduced 11/14/2024 [HB6091 Detail]
Download: Michigan-2023-HB6091-Introduced.html
HOUSE BILL NO. 6091
A bill to amend 1976 PA 453, entitled
"Elliott-Larsen civil rights act,"
by amending sections 401 and 402 (MCL 37.2401 and 37.2402), section 402 as amended by 2023 PA 6.
the people of the state of michigan enact:
Sec. 401. As used in this article: , "educational institution"
(a) "Educational institution" means a public or private institution, or a separate school or department thereof, and includes an academy, college, elementary or secondary school, extension course, kindergarten, nursery, local school system, university, or a business, nursing, professional, secretarial, technical, or vocational school; and includes an agent of an educational institution.
(b) Discrimination because of religion, race, color, national origin, sexual orientation, or gender identity or expression includes harassment.
(c) "Harassment" means either of the following:
(i) Unwelcome communication or conduct on the basis of a person's actual or perceived characteristic or an individual's association with another individual's actual or perceived characteristic, regardless of whether the communication or conduct is direct or indirect or verbal or nonverbal, including, but not limited to, communication or conduct that is undertaken in whole or in part through the use of electronic messaging services, commercial mobile services, electronic communications, or other technology, that is intended to or in fact does substantially interfere with an individual's ability to participate in or receive any aid, benefit, service, or opportunity from an education program or activity, or that creates an intimidating, hostile, or offensive environment.
(ii) An agent, employee, or other person authorized by an educational institution to provide an aid, benefit, service, or opportunity under the educational institution's education program or activity, including, but not limited to, a vendor, contractor, school board member, volunteer, or guest speaker, explicitly or impliedly conditioning the provision of, or threatening a detriment to, the aid, benefit, service, or opportunity on an individual's participation in sexual conduct, regardless of whether the individual submits to or rejects the sexual conduct.
Sec. 402. (1) An educational institution shall not do any of the following:
(a) Discriminate against an individual in the full utilization of or benefit from the institution, or the services, activities, or programs provided by the institution because of religion, race, color, national origin, sex, sexual orientation, or gender identity or expression.
(b) Exclude, expel, limit, or otherwise discriminate against an individual seeking admission as a student or an individual enrolled as a student in the terms, conditions, or privileges of the institution, because of religion, race, color, national origin, sex, sexual orientation, or gender identity or expression.
(c) For purposes of admission only, make or use a written or oral inquiry or form of application that elicits or attempts to elicit information concerning the religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression, or marital status of an individual, except as permitted by rule of the commission or as required by federal law, rule, or regulation, or pursuant to an affirmative action program.
(d) Print or publish or cause to be printed or published a catalog, notice, or advertisement indicating a preference, limitation, specification, or discrimination based on the religion, race, color, national origin, sex, sexual orientation, or gender identity or expression, of an applicant for admission to the educational institution.
(e) Announce or follow a policy of denial or limitation through a quota or otherwise of educational opportunities of a group or its members because of religion, race, color, national origin, sex, sexual orientation, or gender identity or expression.
(2) Subject to subsection (5), an educational institution violates subsection (1)(a) if its agent, employee, or other person authorized by the educational institution to provide an aid, a benefit, a service, or an opportunity under the educational institution's program or activity, including, but not limited to, a vendor, contractor, school board member, volunteer, or guest speaker, engages in harassment against an individual who participates in or receives an aid, a benefit, a service, or an opportunity from the educational institution's program or activity, or who attempts to do so, regardless of where the harassment occurs, if either of the following applies:
(a) The harassment is enabled or assisted by the authority exercised as an agent, employee, or other authorized individual of the educational institution.
(b) The harassment is not enabled or assisted by the authority exercised as an agent, employee, or other authorized individual of the educational institution and the educational institution receives notice of the harassment as described in subsection (4).
(3) Subject to subsection (5), an educational institution violates subsection (1)(a) if an individual who is not its agent, employee, or other authorized individual engages in harassment against an individual who participates in or receives an aid, a benefit, a service, or an opportunity from the educational institution's program or activity, or who attempts to do so, regardless of where the harassment occurs, if the educational institution receives notice of the harassment as described in subsection (4).
(4) An educational institution receives notice of harassment if an agent, employee, or other authorized individual of the educational institution, including, but not limited to, a vendor, contractor, school board member, volunteer, or guest speaker, knew, or in the exercise of reasonable care should have known, about the harassment and both of the following apply:
(a) Any of the following apply:
(i) The individual has the authority to take action to redress the harassment.
(ii) The individual has the responsibility to report to an administrator harassment or similar misconduct by others.
(iii) The individual receives a report of the harassment from an individual who could reasonably believe that the agent, employee, or other authorized individual is an individual described in subparagraph (i) or (ii).
(b) The individual's communications are not privileged or confidential under law.
(5) An educational institution does not violate subsection (1)(a) if the educational institution demonstrates that it exercised reasonable care to prevent the harassment and promptly remedied the effects of the harassment at issue, including through a demonstration by the educational institution that it did all of the following:
(a) Established, adequately publicized, and enforced all of the following:
(i) A comprehensive harassment prevention policy.
(ii) An annual training for all students and all employees on harassment, including, but not limited to, training on sexual harassment for students that includes the information described in section 1508 of the revised school code, 1976 PA 451, MCL 380.1508, and training on sexual harassment for employees as described in section 1526b of the revised school code, 1976 PA 451, MCL 380.1526b.
(iii) A harassment complaint procedure that is likely to provide redress and to avoid harm without exposing an individual subjected to harassment to unreasonable risk, effort, or expense.
(b) Provided supportive measures as that term is defined in 34 CFR part 106, that preserve and restore the aggrieved individual's equal access to the educational institution's education program or activity, regardless of whether the individual requests an investigation, not later than 3 school days after receiving notice of the harassment.
(c) If requested by an aggrieved individual subjected to harassment or the parent or legal guardian of the individual if the individual is a minor, or if otherwise necessary to protect the aggrieved individual or other individuals in such program or activity from a significant ongoing threat of harm, undertook a prompt, thorough, and impartial investigation of the harassment.
(d) If voluntary informed consent is obtained from an aggrieved individual subjected to harassment and from the alleged harasser or the parent or legal guardian of each individual if the individual is a minor, facilitated a process in accordance with restorative practices as that term is defined in section 1310c of the revised school code, 1976 PA 451, MCL 380.1310c.
(e) Took other necessary, prompt, and appropriate corrective action designed to stop the harassment, prevent its recurrence, and remedy its effects.
(6) For purposes of subsection (5), an educational institution must establish reasonable care as required under subsection (5) even if further harassment did not occur after the educational institution received notice of the initial harassment.
