HOUSE DOCKET, NO. 3462        FILED ON: 1/20/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2998

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Lori A. Ehrlich

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act creating a sexual assault climate survey for Massachusetts colleges and universities.

_______________

PETITION OF:

HOUSE DOCKET, NO. 3462        FILED ON: 1/20/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2998

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninetieth General Court
(2017-2018)

_______________

An Act creating a sexual assault climate survey for Massachusetts colleges and universities.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

There shall be established a task force on sexual assault climate surveys on the campuses of public and private institutions of higher education in the Commonwealth. The task force shall consist of the following members: the commissioner of higher education or a designee, who shall serve as co-chair; the commissioner of public health or a designee, who shall serve as co-chair; the attorney general or a designee; and 14 members to be appointed by the governor, 1 of whom shall be a representative recommended by Jane Doe, Inc.: The Massachusetts Coalition Against Sexual Assault and Domestic Violence, 1 of whom shall be a student attending a public or private institution of higher education in the commonwealth, 1 of whom shall be a representative recommended by Victim Rights Law Center, Inc., 3 of whom shall be representatives of rape crisis and counseling centers located in different geographic regions of the commonwealth, 2 of whom shall be representatives of community-based sexual assault crisis service centers funded by the department of public health, 1 of whom shall be a representative of the University of Massachusetts recommended by the president of the university, 1 of whom shall be a representative of the state universities recommended by the council of presidents of the state  university system, 1 of whom shall be a representative of the community colleges recommended  by Massachusetts Community Colleges executive office and 3 of whom shall be representatives  of private colleges and universities recommended by Association of Independent Colleges and Universities in Massachusetts, Inc.

The task force shall develop a model sexual assault climate survey to be issued to students attending public and private institutions of higher education in the Commonwealth in order to determine the prevalence and perception of sexual assault on college and university campuses.

In developing the model survey, the task force shall: (i) in consultation with experts in the development and utilization of sexual assault climate surveys and institutions of higher education that have developed and utilized sexual assault climate surveys, design the questions and  recommended modes of implementation for the model survey; (ii) identify institutions of higher education to receive the model survey; (iii) consult with institutions of higher education officials  on how to optimize the effectiveness of the survey; and (iv) perform other roles that the task force deems necessary.

The task force shall develop the model survey using best practices from peer-reviewed research measuring sexual violence and harassment. In designing the model survey, the task  force may, if appropriate, utilize sexual assault climate surveys that have been developed and  utilized by institutions of higher education and shall seek input from current students enrolled in  institutions of higher education. The model survey shall be designed to optimize completion of the full survey instrument and to gather, to the extent possible, information on topics including, but not limited to: (A) the number of reported incidences of sexual violence, dating violence, domestic violence and stalking on campuses; (B) student knowledge of institutional policies and  procedures; (C) when a victim reported violence, to whom the victim reported such violence, the  response that the victim received and whether the victim was informed of or referred to local,  state, on-campus or other resources; (D) contextual factors, such as the involvement of force, incapacitation or coercion; (E) demographic factors that could be used to identify at-risk groups; and (F) whether an alleged assailant was a student. The task force shall issue the model survey not later than July 1, 2019.

The Commissioner of Higher Education shall ensure that the model survey is issued to an adequate, random and representative sample of students not later than 6 months after the task force has issued the model survey by selecting institutions of higher education throughout the Commonwealth to complete the model survey. The institutions completing the survey may, in addition to the standardized questions developed by the task force, request additional information from students to increase the institution’s understanding of school climate factors unique to the institution’s campus.

The model survey shall not require a student participant to provide a name or any personally identifiable information. An institution of higher education shall take reasonable steps to ensure the confidentiality of responses and shall not be required to report the results that are broken down by demographic unless there is a reasonable sample size of students surveyed.

Each institution of higher education shall provide student responses to the model campus climate survey to the task force not later than 120 days after completing the administration of the model survey. An institution of higher education that has also issued its own campus-specific survey shall provide student responses as requested by the task force.

The task force shall analyze the sexual assault incident data that it receives and publish a report based on the data and the task force’s deliberations. The report shall be made available for comment to participating institutions of higher education, the council of presidents of the state university system, the Massachusetts Community Colleges executive office and Association of Independent Colleges and Universities in Massachusetts, Inc. not less than 30 days prior to publication. The task force shall consider revision of the report in response to received comment and, after the report has been finalized, the task force shall file the report with the Commissioner of Higher Education.

Following the filing of the report, all public or private institutions of higher education in the Commonwealth shall be required to annually issue the model survey to all students attending the public or private institution, and shall submit model survey responses to the Commissioner of Higher Education no later than 120 days after completing the administration of the model survey.

An institution of higher education that has developed and issued its own campus-specific climate survey to a random and representative sample of students enrolled at the institution prior to this act, or develops and issues its own campus-specific climate survey after the effective date of this act, shall not be required to use the model survey if the institution of higher education can demonstrate that the institution’s campus-specific survey uses best practices from peer-reviewed research measuring sexual violence and harassment, and can demonstrate that the institution’s campus-specific survey optimizes completion of the full survey instrument to gather, to the extent possible, information on topics including, but not limited to: (A) the number of reported incidences of sexual violence, dating violence, domestic violence and stalking on campuses; (B) student knowledge of institutional policies and  procedures; (C) when a victim reported violence, to whom the victim reported such violence, the  response that the victim received and whether the victim was informed of or referred to local,  state, on-campus or other resources; (D) contextual factors, such as the involvement of force, incapacitation or coercion; (E) demographic factors that could be used to identify at-risk groups; and (F) whether an alleged assailant was a student. Provided that the conditions in this paragraph are met, the institution of higher education shall be required to annually issue the institution’s campus-specific survey to all students attending the public or private institution in lieu of the model survey, and shall submit the institution’s campus-specific survey responses to the Commissioner of Higher Education no later than 120 days after completing the administration of the model survey.