HB-5792, As Passed House, May 24, 2018
SUBSTITUTE FOR
HOUSE BILL NO. 5792
A bill to create the campus sexual assault response
improvement plan and grant act; to require certain reporting; to
create the campus sexual assault response improvement grant fund;
to provide for the use of the fund; and to provide for the powers
and duties of certain state officers and entities.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"campus sexual assault response improvement plan and grant act".
Sec. 3. As used in this act:
(a) "Department" means the department of health and human
services.
(b) "Fund" means the campus sexual assault response
improvement fund created in section 7.
(c) "Institution of higher education" means an institution of
higher education, a public community college, or a public junior
college created under or established by law under sections 4 to 7
of article VIII of the state constitution of 1963.
(d) "Interim measures specialist" means an employee who
oversees the implementation of interim measures to ensure continued
participation in education by and the safety of a student that has
filed an initial complaint of sexual assault until the final
resolution of the complaint.
(e) "Title IX" means title IX of Public Law 92-318.
(f) "Title IX report" means the report described in section
274d of the state school aid act of 1979, 1979 PA 94, MCL
388.1874d.
Sec. 5. Each institution of higher education is strongly
encouraged to do the following:
(a) Develop a 5-year campus sexual assault improvement plan
after conducting the meetings described in subdivision (b) that
identifies the specific steps necessary for that institution to
improve responses to campus sexual assault. A plan developed under
this subdivision may include the following:
(i) Specific data points in the annual title IX report issued
by the institution of higher education.
(ii) Methods to improve counseling services, including, but
not limited to, hiring additional counseling staff or providing
additional resources to counseling staff.
(iii) Training for title IX investigators and hiring
additional title IX investigators.
(iv) Education for students and employees regarding sexual
assault, bystander intervention, and reporting.
(v) Hiring interim measures specialists.
(b) Conduct not less than 2 public meetings regarding the
development of the 5-year campus sexual assault improvement plan
described in subdivision (a).
(c) Not later than January 1, 2019, submit the 5-year campus
sexual assault improvement plan developed under subdivision (a) to
the department and the Michigan domestic and sexual violence
prevention and treatment board and make the report available to the
public on that institution's website.
(d) Not later than January 1, 2024, submit a final report to
the department and the Michigan domestic and sexual violence
prevention and treatment board that details the specific steps
identified in the report developed under subdivision (a) that the
institution of higher education implemented and any improvements to
responses to campus sexual assault.
Sec. 7. (1) The campus sexual assault response improvement
grant fund is created within the department of treasury.
(2) The state treasurer may receive money or other assets from
any source for deposit into the fund, including general fund
appropriations, gifts, state and federal grants, and bequests. The
state treasurer shall direct the investment of the fund. The state
treasurer shall credit to the fund interest and earnings from fund
investments.
(3) Money in the fund at the close of the fiscal year shall
remain in the fund and not lapse to the general fund.
(4) The department is the administrator of the fund for
auditing purposes.
(5) The department shall expend money from the fund, upon
appropriation, only to provide grants to eligible institutions of
higher education as provided in section 9.
Sec. 9. (1) The campus sexual assault response improvement
grant program is established in the department. Beginning October
1, 2019, the department, in consultation with the department of
state police and the Michigan domestic and sexual violence
prevention and treatment board, shall assist institutions of higher
education in implementing improvement measures for campus sexual
assault response by providing funding to do so to eligible
institutions of higher education from the fund created in section
7. The department shall develop guidelines and procedures for the
program, create evaluation measures for the use of the fund, and
make the evaluation measures available to institutions of higher
education that participate in the program.
(2) An institution of higher education may apply to the
department as provided in this section to participate in the
program and is not prohibited from applying to the program if that
institution has been or is awarded a different grant to improve the
safety and security of students, faculty, and staff by addressing
campus sexual assault issues.
(3) An institution of higher education that has developed a 5-
year campus sexual assault improvement plan described in section 5
is eligible to participate in the program.
(4) An eligible institution of higher education may apply to
participate in the program by providing the department with the 5-
year sexual assault improvement plan described in section 5 in the
manner required by the department.
(5) A grant awarded to an institution of higher education
under this section is for a period of 5 years.
(6) An institution of higher education awarded a grant under
this section must provide an annual report on the progress of the
5-year campus sexual assault improvement plan provided under
subsection (4) to the department and to the Michigan domestic and
sexual violence prevention and treatment board, and may use the
grant funds for any of the following:
(a) To improve counseling services by hiring additional
counseling staff or providing additional resources to counseling
staff.
(b) To train title IX investigators and hire additional title
IX investigators.
(c) To educate students and employees regarding sexual
assault, bystander intervention, and reporting.
(d) To hire interim measures specialists.
(e) To implement any other measure that the institution of
higher education identified as a necessary step to improve
responses to campus sexual assault.
(7) The Michigan domestic and sexual violence prevention and
treatment board shall monitor, review, and evaluate the program by
doing the following each year:
(a) Provide technical assistance to each institution of higher
education participating in the program.
(b) Rate each 5-year campus sexual assault improvement plan by
identifying the steps implemented as a result of participation in
the program to improve responses to campus sexual assault.
(c) Provide other assistance in implementing the program, as
appropriate.
Sec. 11. After receiving a final report under section 5(d) or
an annual report under section 9(6), and once every 5 years after
that, the department, in consultation with the domestic and sexual
violence prevention and treatment board, shall compile a report of
best practices for responses to campus sexual assault. A report
compiled under this section must be submitted to the legislature
and made available to the public on the internet on the
department's website.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.