SENATE BILL No. 903

 

 

March 15, 2018, Introduced by Senator JONES and referred to the Committee on Judiciary.

 

 

     A bill to require certain individuals to report suspected

 

sexual assaults of postsecondary students; to provide for the

 

protection of postsecondary students who are sexually assaulted;

 

and to prescribe penalties.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"postsecondary student protection act".

 

     Sec. 2. As used in this act:

 

     (a) "Postsecondary educational institution" means a degree- or

 

certificate-granting public or private college or university,

 

junior college, or community college that is located in this state.

 

     (b) "Postsecondary interscholastic athletic activity" means a

 

program or event offered by a postsecondary educational

 

institution, including practice and competition, during which

 

athletes participate or practice to participate in an organized

 

athletic game or competition against another school, team, club,

 

entity, or individual.

 

     (c) "Sexual assault" means an act, attempted act, or

 

conspiracy to engage in an act of criminal conduct as defined in

 

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.

 

     (d) "Student" means an individual who is 18 years of age or

 

more and who is enrolled in an educational program at a

 

postsecondary educational institution or is a participant in a

 

postsecondary interscholastic athletic activity.

 

     Sec. 3. If an individual who is employed in a professional

 

capacity at a postsecondary educational institution or is paid or

 

volunteers to conduct postsecondary interscholastic athletic

 

activities has reasonable cause to suspect that a student has been

 

the victim of a sexual assault at the institution or while

 

attending or participating in any program, activity, or event

 

sponsored or otherwise provided or supported by the institution,

 

that individual shall make an immediate report of the facts giving

 

rise to that suspicion to a law enforcement agency in the county in

 

which the incident is suspected to have occurred. If the reporting

 

individual is a member of the staff of the institution, he or she

 

shall notify the individual in charge of the institution of his or

 

her finding and that the report has been made. A notification to

 

the individual in charge of the institution does not relieve the

 

member of the staff of the institution of the obligation of

reporting to a law enforcement agency as required by this section.

 

One report from the institution is adequate to meet the reporting

 

requirement. A member of the institution shall not be dismissed or

 

otherwise penalized for making a report required by this act or for

 

cooperating in an investigation.

 

     Sec. 4. (1) An individual who is required by this act to

 

report an instance of suspected sexual assault and who fails to do

 

so is civilly liable for the damages proximately caused by the

 

failure.

 

     (2) An individual who by his or her paid employment is

 

required by this act to report an instance of suspected sexual

 

assault, who has direct knowledge of the nature of the suspected

 

sexual assault, and who willfully and knowingly fails to report is

 

guilty of a felony punishable by imprisonment for not more than 2

 

years or a fine of not less than $1,000.00, or not more than

 

$5,000.00, or both.

 

     (3) An individual who is a volunteer required by this act to

 

report an instance of suspected sexual assault, who has direct

 

knowledge of the nature of the suspected sexual assault, and who

 

willfully and knowingly fails to report is guilty of a misdemeanor

 

punishable by imprisonment for not more than 1 year or a fine of

 

not more than $1,000.00, or both.

 

     (4) If an individual described in subsection (2) or (3)

 

commits a second or subsequent offense as described in subsection

 

(2) or (3), the individual is guilty of a felony punishable by

 

imprisonment for not more than 7 years or a fine of not more than

 

$15,000.00, or both.

     Enacting section 1. This act takes effect 90 days after the

 

date it is enacted into law.

 

     Enacting section 2. This act does not take effect unless

 

Senate Bill No. 904                                                 

 

of the 99th Legislature is enacted into law.