PRINTER'S NO. 975
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
730
Session of
2021
INTRODUCED BY CAPPELLETTI, COLLETT, MUTH, KANE, KEARNEY,
SANTARSIERO, FONTANA, HAYWOOD AND COSTA, JULY 1, 2021
REFERRED TO EDUCATION, JULY 1, 2021
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in sexual violence education at
institutions of higher education, further providing for scope
of article, for definitions and for education program,
providing for affirmative consent to sexual activity, further
providing for follow-up and for report and providing for
memoranda of understanding and for community partnerships;
and making an editorial change.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Article XX-G heading and sections 2001-G, 2002-G
and 2003-G of the act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, are amended to read:
ARTICLE XX-G
SEXUAL VIOLENCE, DATING VIOLENCE, DOMESTIC
VIOLENCE AND STALKING EDUCATION, PREVENTION AND
RESPONSE AT INSTITUTIONS OF HIGHER EDUCATION
Section 2001-G. Scope of article.
This article relates to college and university sexual
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violence, dating violence, domestic violence and stalking
education, prevention and response.
Section 2002-G. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Affirmative consent." A conscious, voluntary and mutual
agreement, by words or action, among all participants to engage
in sexual activity, provided that the words or action convey
clear permission regarding willingness to engage in the sexual
activity. The term applies regardless of a participant's sex,
sexual orientation, gender identity or gender expression or the
existence of a present or past romantic, intimate or dating
relationship between the participants involved. The term does
not include silence or lack of protest to engage in sexual
activity.
"Community entity." Local law enforcement, campus public
safety, a rape crisis center, a community and campus health care
professional, a domestic violence program or an organization
providing legal assistance or immigration services and any
entity identified as part of an institution of higher
education's multidisciplinary sexual assault response team or
similar group.
"Dating violence." As defined in section 1553(f).
"Department." The Department of Education of the
Commonwealth.
"Domestic violence." As defined in section 2333(e) of the
act of April 9, 1929 (P.L.177, No.175), known as The
Administrative Code of 1929 .
"Domestic violence program." As defined in 23 Pa.C.S. § 6102
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(relating to definitions).
"Education program." [A] An evidence-based sexual violence,
dating violence, domestic violence and stalking awareness
education program under this article.
"Independent institution of higher education." As defined in
the act of November 29, 2004 (P.L.1383, No.180), known as the
Uniform Crime Reporting Act.
"Institution of higher [education."] education" or
"institution." 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.
"Rape crisis center." As defined in 42 Pa.C.S. § 5945.1
(relating to confidential communications).
"Sexual violence." An act of sexual violence as defined in
42 Pa.C.S. § 6402 (relating to definitions).
"Stalking." Engaging in a course of conduct directed at a
specific person that would cause a reasonable person to:
(1) fear for the person's safety or the safety of
others; or
(2) suffer substantial emotional distress.
"Student." A person who is enrolled on a full-time basis at
an institution of higher education or private licensed school.
Section 2003-G. Education program.
(a) [General rule] Establishment.--Institutions of higher
education and private licensed schools shall establish [a sexual
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violence awareness educational program. Institutions] an
education program for all students. In developing or
implementing an education 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.] shall consult
with a local rape crisis center and domestic violence program,
as well as community entities, as appropriate.
(a.1) Online clearinghouse.--Within 120 days of the
effective date of this subsection, the department, in
consultation with the Pennsylvania Coalition Against Rape and
the Pennsylvania Coalition Against Domestic Violence, shall
develop an online clearinghouse of model education programs and
other resources to aid institutions of higher education and
private licensed schools in fulfilling this requirement.
(a.2) Requirements of program.--Each education program shall
provide the following:
(1) A discussion of sexual violence, dating violence,
domestic violence and stalking.
(2) A discussion of affirmative 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
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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] Information regarding
confidential resources and services available for victims of
sexual assault, dating violence, domestic violence and
stalking, including confidential resource advisors, if
applicable.
[(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.]
(c) Written notification of rights, accommodations and
protective measures.--An institution of higher education shall
develop a concise, written notification of rights,
accommodations, and protective measures and make the
notification available to students and employees, including
victims of dating violence, domestic violence, sexual assault,
and stalking, regardless of where the incidences occurred,
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including information regarding:
(1) Existing counseling, mental health, healthcare,
victim advocacy, legal assistance, visa and immigration
assistance, student financial aid and other services
available for victims, both within the institution and in the
community.
(2) Available options and assistance regarding how to
report to the institution, how to report to law enforcement,
obtain protections from abuse and sexual violence protection
orders, file for crime victims' compensation and assistance
program, request protective measures or changes to academic,
living, transportation, working situations or other
educational activities.
(d) Compliance.-- The written notification of rights,
accommodations, and protective measures required under the
Higher Education Act of 1965 (Public Law 89-329, 79 Stat. 1219)
shall satisfy the requirements of subsection (c).
(e) Accommodations and protective measures.--The institution
shall make such accommodations or provide protective measures if
the victim requests them and if they are reasonably available,
regardless of whether the victim chooses to report the crime to
campus police or local law enforcement, and regardless of where
the incidences occur.
Section 2. The act is amended by adding a section to read:
Section 2003.1-G. Affirmative consent to sexual activity.
(a) General rule.--An institution of higher education and
private licensed school shall adopt the definition of
"affirmative consent" from section 2002-G as part of the
institution's or school's code of conduct.
(b) Code of conduct.--The code of conduct of an institution
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of higher education and a private licensed school shall include
the following principles:
(1) It is the responsibility of each individual who
wants to engage in sexual activity with another individual to
obtain affirmative consent from the other individual.
(2) Affirmative consent to a sexual act does not imply
affirmative consent to other sexual acts or other forms of
sexual activity now or in the future.
(3) Affirmative consent is required regardless of
whether the person initiating the act is under the influence
of drugs or alcohol.
(4) Affirmative consent may be withdrawn at any time.
(5) Affirmative consent cannot be given when an
individual is incapacitated. For purposes of this paragraph,
incapacitation occurs when an individual lacks the ability to
knowingly choose to participate in sexual activity.
Incapacitation may be caused by the lack of consciousness or
by being asleep, being involuntarily restrained or if an
individual otherwise cannot give affirmative consent, such as
an individual who has a physical or cognitive or
developmental disability. Depending on the degree of
intoxication, someone who is under the influence of alcohol,
drugs or other intoxicants may be incapacitated and unable to
give affirmative consent.
(6) Affirmative consent cannot be given when it is the
result of coercion, intimidation, force or threat of harm.
(7) When affirmative consent is withdrawn or can no
longer be given, sexual activity must cease.
Section 3. Sections 2004-G and 2006-G of the act are amended
to read:
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Section 2004-G. Follow-up.
An institution of higher education and private licensed
school shall conduct [a] at least one follow-up program for [the
duration of the school year for new] students participating in
the education program. The follow-up program may consist of the
following:
(1) Lecturers and interactive learning programs relating
to sexual violence, dating violence, domestic violence and
stalking prevention and awareness.
(2) Institutional activities relating to sexual
violence, dating violence, domestic violence and stalking
prevention and awareness.
(3) Videos and other educational materials relating to
sexual violence, dating violence, domestic violence and
stalking prevention and awareness.
Section 2006-G. Report.
An institution of higher education and a private licensed
school shall report to the department on the implementation of
the education program under section 2003-G, the memoranda of
understanding under section 2007-G and the community
partnerships under section 2008-G by the institution or school.
Section 4. The act is amended by adding sections to read:
Section 2007-G. Memoranda of understanding.
(a) General rule.--An institution of higher education shall
enter into and maintain a memorandum of understanding with at
least one rape crisis center and one domestic violence program
to:
(1) Assist in developing the institution's policies,
programming and training regarding sexual misconduct and
other prohibited behavior, such as sexual assault, dating
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violence, domestic violence and stalking, involving students
and employees.
(2) Provide an off-campus alternative for students and
employees of the institution to receive free and confidential
services:
(i) to address sexual harassment and assault and
dating and domestic violence, including crisis and
longer-term counseling;
(ii) for support in navigating campus and community
reporting options;
(iii) for access to legal assistance, sexual
violence protection and protection from intimidation
orders, crime victims' compensation, a forensic rape exam
conducted by a sexual assault nurse examiner, if
available, and other services.
(3) Ensure that a student or employee of the institution
is notified of free and confidential sources of support,
counseling and advocacy services and how to access the
services both on-campus and off-campus.
(4) Ensure cooperation and cross-training between the
institution and the rape crisis center and domestic violence
center to ensure an understanding of the roles that each
respectively should play in responding to reports and
disclosures of sexual misconduct and other prohibited
behavior, such as dating violence, domestic violence and
stalking, against students and employees of the institution
and the institution's protocols for investigating and
adjudicating the misconduct and for providing support and
services to students and employees.
(5) Consult in the development or implementation of an
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education program under section 2003-G.
(b) Confidential victim services.--Each memorandum of
understanding may include an agreement, including a fee
structure, between the rape crisis center and domestic violence
program and the institution of higher education to provide
confidential victim services. Confidential victim services may
include:
(1) Consultation fees for the development and
implementation of student education and prevention programs.
(2) The development of staff training and prevention
curriculum.
(3) Confidential on-site office space for an advocate
from a rape crisis center and domestic violence program to
meet with students or employees.
(c) Waiver.--The department may waive the requirements of
this section in the case of an institution that demonstrates
that the institution acted in good faith but was unable to
obtain a signed memorandum.
Section 2008-G. Community partnerships.
(a) General rule.--An institution of higher education may
establish a partnership with community entities to assist
students who have experienced sexual violence, dating violence,
domestic violence or stalking.
(b) Consultation.--In establishing a community partnership
under subsection (a), an institution of higher education shall
consult the following in the development of the partnership:
(1) The institution's Title IX coordinator.
(2) The institution's public safety or law enforcement
officials, if applicable.
(3) Students, including representatives from student
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leadership organizations. Representatives from student
leadership organizations may include representatives of
student government, resident assistants, members of
fraternities or sororities, student athletes or
representatives from student conduct boards.
(4) Faculty representatives.
(5) The institution's counseling or mental health
professionals.
(c) Multidisciplinary sexual assault response teams.--An
institution of higher education may establish and utilize a
multidisciplinary sexual assault response team or similar group
comprised of on-campus and community-based representatives that
convenes regularly to monitor and provide a coordinated response
to incidents of sexual violence, dating violence, domestic
violence and stalking.
Section 5. The addition of section 2003.1-G of the act shall
apply to school years that begin after the effective date of
this section.
Section 6. This act shall take effect as follows:
(1) The addition of section 2007-G of the act and this
section shall take effect immediately.
(2) The remainder of this act shall take effect August
1, 2022.
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