IHE POLICIES SEXUAL ASSAULT/SEXUAL CONSENT.

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View NCGA Bill Details2017-2018 Session
House Bill 793 (Public) Filed Tuesday, April 11, 2017
AN ACT TO DIRECT THE STATE BOARD OF COMMUNITY COLLEGES AND THE BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA TO DEVELOP SYSTEMWIDE POLICIES AND PREVENTION AND OUTREACH PROGRAMS CONCERNING SEXUAL ASSAULT, DOMESTIC VIOLENCE, DATING VIOLENCE, AND STALKING AND TO ENCOURAGE PRIVATE INSTITUTIONS OF HIGHER EDUCATION TO ADOPT SIMILAR POLICIES AND PREVENTION AND OUTREACH PROGRAMS.
Intro. by Meyer.

Status: Ref to the Com on Education - Universities, if favorable, Education - Community Colleges, if favorable, Judiciary II (House Action) (Apr 13 2017)
H 793

Bill Summaries:

  • Summary date: Apr 12 2017 - View Summary

    Requires the State Board of Community Colleges to adopt a systemwide policy to be implemented at each community college concerning sexual assault, domestic violence, dating violence, and stalking involving a student, both on and off a community college campus. Requires that the policy include at least the following: (1) establish an affirmative consent standard that includes specified items, to be applied in the determination of whether consent was given by all parties to sexual activity, with affirmative consent defined to mean an affirmative, conscious, and voluntary agreement to engage in sexual activity; (2) address circumstances in which affirmative consent cannot be assumed, including specified instances, including intoxication; (3) provide that the standard used in determining whether the elements of a complaint are demonstrated concerning sexual assault, domestic violence, dating violence, and stalking is the preponderance of the evidence; (4) detailed procedures, that include specified elements, regarding sexual assault, domestic violence, dating violence, and stalking involving a student that comport with best practices and current professional standards and take into account the victim's circumstances. 

    Requires the State Board of Community Colleges to direct each community college enter into memoranda of understanding, agreements, or collaborative partnerships with existing on‑campus and community‑based organizations, including rape crisis centers, and providing support services and resources for both the victim and the accused, as appropriate, including counseling, health care, victim advocacy, and legal assistance.

    Requires the State Board of Community Colleges to direct each community college to develop prevention strategies and outreach programs to be included as part of every incoming student's orientation and to continue to be offered throughout the academic year. Specifies what is to be included in the prevention and outreach strategies. 

    Requires, by February 1, 2018, the State Board of Community Colleges to report to the Joint Legislative Education Oversight Committee on the development of the policy and the plan for implementation of the policy at each community college beginning with the 2018‑19 academic year, including in the report the implementation of victim assistance programs and prevention and outreach programs.

    Sets out identical requirements of the UNC Board of Governors, with the policy to be implemented at each constituent institution.

    Sets out identical requirements for nonprofit postsecondary institutions of higher education, but does not require reporting to the Joint Legislative Education Oversight Committee.