April 12, 2018, Introduced by Reps. Singh, Clemente, Pagan, Hoadley, Iden, Greimel, Hauck, Geiss, Chang and Kesto and referred to the Committee on Law and Justice.
A bill to create the office of the higher education sexual
assault ombudsman within the department of civil rights; to
prescribe the powers and duties of the office, the ombudsman, and
certain state governmental officers and entities; and to provide
for an appropriation.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"higher education sexual assault ombudsman act".
Sec. 2. As used in this act:
(a) "Department" means the department of civil rights.
(b) "Institution of higher education" means a degree- or
certificate-granting public or private college or university,
junior college, or community college in this state.
(c) "Office" means the office of the higher education sexual
assault ombudsman created under this act.
(d) "Ombudsman" means the higher education sexual assault
ombudsman.
(e) "Sexual assault" means a violation or attempted violation
of section 520b, 520c, 520d, 520e, or 520g of the Michigan penal
code, 1931 PA 328, MCL 750.520b, 750.520c, 750.520d, 750.520e, and
750.520g.
Sec. 3. (1) The office of the higher education sexual assault
ombudsman is created within the department.
(2) The principal executive officer of the office of the
higher education sexual assault ombudsman is the higher education
sexual assault ombudsman who shall be appointed by and serve at the
pleasure of the department.
Sec. 4. Under the supervision of the department, the ombudsman
shall do all of the following:
(a) Advocate for students at institutions of higher education
who may be victims of sexual assaults committed on the campuses of
those institutions or at programs, activities, or events sponsored
or otherwise provided or supported by those institutions.
(b) Encourage institutions of higher education to improve the
quality and coordination of services they provide to assist
students who may be victims of sexual assaults on their campuses or
at programs, activities, or events that they sponsor or otherwise
provide or support.
(c) Encourage institutions of higher education to improve the
quality and coordination of preventive and corrective measures
taken by those institutions to mitigate the likelihood and effects
of sexual assaults on their campuses or at programs, activities, or
events that they sponsor or otherwise provide or support,
including, but not limited to, all of the following:
(i) Institutional policies, procedures, and protocols for
responding to and reporting incidents of sexual assaults of
students.
(ii) Sexual assault prevention and response training for
institutional personnel.
(iii) Sexual assault prevention and response presentations or
courses for students.
(iv) Publication of information about campus and community
resources available to student-victims of sexual assaults.
(d) Promote public awareness of the issue of sexual assault at
institutions of higher education.
(e) Provide information and referral services to students who
may be victims of sexual assaults at institutions of higher
education to ensure that their rights are protected.
(f) Provide information to students who may be victims of
sexual assaults at institutions of higher education regarding
programs and services provided for them by each level of
government.
(g) Promote new services, when necessary, for student-victims
of sexual assaults at institutions of higher education.
(h) Maintain statistics, facts, and data pertaining to the
incidence and nature of sexual assaults of students at institutions
of higher education.
(i) Provide technical assistance to institutions of higher
education regarding preventive and corrective measures to mitigate
the likelihood and effects of sexual assaults on their campuses or
at programs, activities, or events that they sponsor or otherwise
provide or support.
(j) Make recommendations to state agencies, the legislature,
and the governor regarding proposed legislation, rules, hearings,
and investigations considered necessary or proper to promote
student safety at institutions of higher education.
Sec. 5. Under the supervision of the department, the ombudsman
may do any of the following:
(a) Except as otherwise provided by law, upon request and
without the requirement of any release, obtain access to all
information, records, and documents in the possession of an
institution of higher education that the ombudsman considers
necessary in the performance of his or her duties.
(b) Request and receive from an institution of higher
education a progress report concerning the processing of any report
of sexual assault made to the institution by a student.
Sec. 6. The ombudsman shall submit an annual report on the
conduct of the office to the department and the chairpersons of all
committees in both houses of the legislature responsible for the
oversight of institutions of higher education. A report under this
section must be posted to the department's website and must address
specific issues as prescribed by the department.
Sec. 7. Any record owned, used, possessed, or retained by the
office in the performance of an official function of the office,
and all records kept by the ombudsman, are exempt from disclosure
under the freedom of information act, 1976 PA 442, MCL 15.231 to
15.246.
Sec. 8. The department shall promulgate rules to implement
this act pursuant to the administrative procedures act of 1969,
1969 PA 306, MCL 24.201 to 24.328.
Sec. 9. The legislature shall annually appropriate a sum
sufficient to implement this act.