THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CONKLIN, SIPTROTH, KIRKLAND, K. SMITH, DePASQUALE, KORTZ, BRENNAN, McGEEHAN, CASORIO, BELFANTI, SWANGER, CREIGHTON, VULAKOVICH, MANN, REICHLEY, MELIO, KULA, BOYLE, MURT, O'NEILL, DONATUCCI, M. O'BRIEN, YOUNGBLOOD, CRUZ, WALKO, READSHAW, SONNEY, STURLA, McILVAINE SMITH, McCALL, GIBBONS, MAHONEY, GEIST, FREEMAN AND THOMAS, FEBRUARY 4, 2009

REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 4, 2009  

AN ACT

Providing for sexual violence awareness education programs for

new students matriculating to institutions of higher

education or private licensed schools that receive public

funding and for duties of the Department of Education.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the College and

University Sexual Violence Education Act.

Section 2.  Legislative findings.

The General Assembly finds and declares as follows:

(1)  It is in the interest of the Commonwealth to

facilitate the education of its young people.

(2)  Awareness and education are the beginning steps to

prevention.

(3)  Education is imperative to promoting safety and

raising awareness of sexual violence among young people.

(4)  The first few months of the freshman year are the

most dangerous for new female and male college students

because of the availability of drugs and alcohol, the absence

of parental supervision and a lack of awareness of sexual

violence.

Section 3.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Department."  The Department of Education of the

Commonwealth.

"Education program."  A sexual violence education program

under this act.

"Institution of higher education."  An independent

institution of higher education, a community college, a State-

related institution or a member institution of the State System

of Higher Education.

"Matriculating."  Enrolling in an institution of higher

education or private licensed school.

"Private licensed school."  As defined in the act of December

15, 1986 (P.L.1585, No.174), known as the Private Licensed

Schools Act.

"Sexual Violence."  As defined in 42 Pa.C.S. § 6402 (relating

to definitions).

"Student."  A person who is enrolled on a full-time basis at

an institution of higher education or private licensed school.

Section 4.  Purpose.

The purpose of the education program is to increase awareness

of and improve every student's understanding of sexual violence

and to reduce the likelihood of sexual violence.

Section 5.  Education program.

(a)  General rule.--Institutions of higher education and

private licensed schools shall establish a sexual violence

awareness educational program. Institutions of higher education

and private licensed schools may collaborate with a Statewide

nonprofit organization, local rape crisis center or local sexual

assault program that arranges for the provision of services to

sexual violence and rape victims in the development of a sexual

violence awareness education program. Each education program

shall provide the following:

(1)  A discussion of sexual violence.

(2)  A discussion of consent, including an explanation

that the victim is not at fault.

(3)  A discussion of drug and alcohol-facilitated sexual

violence.

(4)  Information relating to risk education and personal

protection.

(5)  Information on where and how to get assistance,

including the importance of medical treatment and evidence

collection, and how to report sexual violence to campus

authorities and local law enforcement.

(6)  The possibility of pregnancy and transmission of

sexual diseases.

(7)  Introduction of members of the educational community

from:

(i)  Campus police or security and local law

enforcement.

(ii)  Campus health center, women's center and rape

crisis center.

(iii)  Campus counseling service or any service

responsible for psychological counseling and student

affairs.

(8)  A promise of discretion and dignity.

(9)  A promise of confidentiality for victims of sexual

assault.

(b)  Student bill of rights.--Consistent with the campus

sexual assault victims' bill of rights under section 485(f)(8)

of the Higher Education Act of 1965 (Public Law 89-329, 20

U.S.C. § 1092(f)(8)), a student bill of rights shall be made

available to students.

Section 6.  Follow-up.

An institution of higher education and private licensed

school shall conduct a follow-up program for the duration of the

school year for new students. The program may consist of the

following:

(1)  Lecturers relating to sexual violence prevention and

awareness.

(2)  Institutional activities relating to sexual violence

prevention and awareness.

(3)  Videos and other educational materials relating to

sexual violence prevention and awareness.

Section 7.  Duties of department.

The department shall:

(1)  Ensure compliance with this act.

(2)  Solicit the cooperation of other agencies,

institutions and organizations, both public and private, in

carrying out the provisions of this act.

(3)  Otherwise administer the provisions of this act.

Section 8.  Report.

An institution of higher education and a private licensed

school shall report to the department on the implementation of

the education program by the institution or school.

Section 9.  Effective date.

This act shall take effect in 120 days.