PRINTER'S NO. 1875
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1496
Session of
2019
INTRODUCED BY FRANKEL, KINSEY, SCHLOSSBERG, BOBACK, ZABEL,
FIEDLER, WILLIAMS, ROZZI, YOUNGBLOOD, A. DAVIS, FREEMAN,
SAPPEY, DeLUCA, DALEY, HILL-EVANS, McCLINTON, ULLMAN, CIRESI,
BRIGGS, WEBSTER, MARKOSEK, T. DAVIS, READSHAW, SHUSTERMAN AND
MERSKI, MAY 22, 2019
REFERRED TO COMMITTEE ON EDUCATION, MAY 22, 2019
AN ACT
Requiring postsecondary institutions to establish and maintain
sexual harassment and sexual violence online reporting
systems; and prescribing a penalty.
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 Postsecondary
Institution Online Reporting System Act.
Section 2. 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:
"Online reporting system." A system established under this
act.
"Postsecondary institution." Any of the following:
(1) A community college as defined under section 1901-A
of the act of March 10, 1949 (P.L.30, No.14), known as the
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Public School Code of 1949.
(2) A university under the jurisdiction of the State
System of Higher Education.
(3) A university located in this Commonwealth that
receives a nonpreferred appropriation.
(4) A private postsecondary institution.
"Secretary." The Secretary of the Budget of the
Commonwealth.
Section 3. Online reporting system.
(a) Establishment.--
(1) A postsecondary institution shall establish and
maintain an online reporting system to receive complaints of
sexual harassment and sexual violence from students and
employees.
(2) A postsecondary institution shall investigate a
complaint received by the online reporting system. The
investigation shall be conducted in accordance with the
process established in the postsecondary institution's sexual
harassment and sexual violence policy.
(3) A postsecondary institution may not fail or refuse
to investigate a complaint solely for the reason that the
complaint was submitted anonymously.
(b) Anonymous reports.--An online reporting system shall
permit anonymous complaints to be reported and the complaints
shall be investigated in accordance with subsection (a).
(c) Required information.--A postsecondary institution shall
provide an individual who reports a complaint under this section
with the following:
(1) Information regarding who will receive and have
access to the complaint.
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(2) How information gathered through the online
reporting system will be used.
(3) Contact information for on-campus and off-campus
organizations serving victims of sexual harassment and sexual
violence.
(d) Statement.--The online reporting system shall
prominently display the following statement:
It is important to note that while the (name of the
postsecondary institution) will evaluate all reports of
sexual assault and sexual harassment, the ability of the
(name of the postsecondary institution) to investigate
and respond to allegations and provide feedback to an
individual reporting a complaint may be limited depending
on the information provided in the complaint. Individuals
are encouraged to review the policy of the (name of the
postsecondary institution) for investigating reports of
sexual violence for more information about procedures and
resources.
(e) Access to data.--A postsecondary institution shall limit
access to the data collected, created or maintained under
subsection (a) to only the data as follows:
(1) Only individuals with explicit authorization from
the postsecondary institution may enter, update, access,
share or disseminate electronic data relating to an incident
of sexual harassment or sexual violence collected, created or
maintained under this section.
(2) The ability of an authorized individual to enter,
update, access, share or disseminate data shall be limited
through the use of role-based access that corresponds to the
official duties or training level of the individual and the
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institutional authorization that grants access for that
purpose.
(3) Actions in which the data relates to an incident of
sexual harassment or sexual violence are entered, updated,
accessed, shared or disseminated outside of the postsecondary
institution shall be recorded in a data audit trail.
(4) The postsecondary institution shall immediately and
permanently revoke the authorization of an individual
determined to have willfully entered, updated, accessed,
shared or disseminated data in violation of this section.
Section 4. Penalty.
(a) Withholding of appropriations.--The secretary shall
withhold money appropriated to or on behalf of a postsecondary
institution that fails to establish and maintain an online
reporting system as required under this act.
(b) Lapsing.--Money withheld by the secretary under this
section shall lapse to the General Fund at the end of the fiscal
year for which they are appropriated, unless the postsecondary
institution demonstrates to the satisfaction of the secretary
that the postsecondary institution has complied with the
requirements of this act.
Section 5. Effective date.
This act shall take effect in one year.
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