HOUSE DOCKET, NO. 2132        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3383

The Commonwealth of Massachusetts

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PRESENTED BY:

Paul W. Mark

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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 relative to neutral investigations at public higher education institutions.

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PETITION OF:

HOUSE DOCKET, NO. 2132        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3383

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act relative to neutral investigations at public higher education institutions.

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

SECTION 1. Chapter 151B of the General Laws is hereby amended in Section 1 by inserting the following:

The term “student” includes any person enrolled in classes at a public or private higher education institution.

The term “higher education institution” includes any public or private degree-granting college or university which is accredited by a Regional Board or Association of Institutions of higher education approved by the Council on Post Secondary Education of the United States Department of Education, or which is chartered to grant degrees by the Commonwealth.

SECTION 2. Chapter 151B of the General Laws is hereby amended by inserting after Section 3A the following section:

Section 3B. (a) All institutions of higher education shall promote an environment free of sexual harassment for their students.

(b) Every higher education institution shall:

(1) adopt a policy against sexual harassment which shall include:

(i) a statement that sexual harassment of students by employees or other students is unlawful;

(ii) a statement that it is unlawful to retaliate against a student for filing a complaint of sexual harassment or for cooperating in an investigation of a complaint for sexual harassment;

(iii) a description and examples of sexual harassment;

(iv) a statement of the range of consequences for employees or students who are found to have committed sexual harassment;

(v) a description of the process for filing internal and external complaints about sexual harassment and the work addresses and telephone numbers of the person or persons to whom complaints should be made;

(vi) the identity of the appropriate state and federal employment discrimination enforcement agencies, and directions as to how to contact such agencies.

(2) provide annually to all employees and students an individual written copy of the employer’s policy against sexual harassment; provided, however, that a new employee or student shall be provided such a copy at the time of their employment or matriculation.

(c) The commission shall prepare and provide to higher education institutions subject to this section a model policy and poster consistent with federal and state statutes and regulations, which may be used by higher education institutions for the purposes of this section.

(d) A higher education institution’s failure to provide the information required to be provided by this section shall not, in and of itself, result in the liability of said higher education institution to any current or former student or applicant in any section alleging harassment.  A higher education institution’s compliance with the notice requirements of this section shall not, in and of itself, protect the institution from liability for sexual harassment of any current or former student.

SECTION 3. Chapter 151B of the General Laws is hereby amended in Section 4 by inserting the following:

20. For a higher education institution, personally or through its agents, to sexually harass any student or prospective student.