NO SUSPENSION OR EXPULSION

FOR VICTIM OF SEXUAL ASSAULT

House Bill 4379 as introduced

Sponsor:  Rep. Yousef Rabhi

Committee:  Judiciary

Complete to 4-22-19

SUMMARY:

House Bill 4379 would amend the Revised School Code to prohibit the board of a school district or intermediate school district (ISD) or board of directors of a public school academy (PSA, or charter school) from taking certain actions toward a student for the student’s actions arising out of an incident in which the student reported, or a school official or staff member witnessed or received credible evidence that the student experienced, a sexual assault. In those instances, the board or board of directors would not be allowed to expel the student, or suspend the student for more than 10 school days, for actions the student took during the incident of sexual assault. The bill would encourage a board or board of directors to follow the recommendations of its Title IX coordinator in deciding whether to expel or suspend such a student.

           

Sexual assault would be defined as an act constituting criminal sexual conduct (CSC) in the first, second, third, or fourth degree or assault with intent to commit CSC in the first, second, or third degree.  

This prohibition would not apply if any of the following are met concerning the reported incident:

·         The student is convicted of, pleads guilty to, pleads responsible for, or is adjudicated responsible for aggravated assault, felonious assault, assault with intent to commit murder, assault with intent to do great bodily harm, assault with intent to maim, attempted murder, homicide, or manslaughter, or one of the offenses defined as sexual assault, above.

·         The student possessed a dangerous weapon in a weapon-free school zone (and was not able to establish mitigating factors), committed arson in a school building or on school grounds, or committed CSC in a school building or on school grounds.

·         A completed Title IX investigation determined by clear and convincing evidence that the report of sexual assault is conclusively false. 

 

The bill would take effect 90 days after enactment.

Proposed MCL 380.1310e

BACKGROUND:

House Bill 4379 is virtually identical to House Bill 5800 of the 2017-18 legislative session,[1] which was passed by the House of Representatives in May 2018 and reported from the Senate Judiciary committee, but was not considered by the full Senate.

FISCAL IMPACT:

House Bill 4379 would have no fiscal impact on the state or local units of government. 

                                                                                                           

The bill should not create additional costs for local school districts, IDSs, or PSAs because any entity receiving federal funds from the U.S. Department of Education already is required under Title IX to identify someone on staff to act as and carry out the duties of a Title IX coordinator.

                                                                                        Legislative Analyst:   Jenny McInerney

                                                                                               Fiscal Analysts:   Samuel Christensen

                                                                                                                           Jacqueline Mullen

■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.

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