H 4740 General Bill, By Inabinett, Bailey, Battle, Breeland, J. Brown, 
A.W. Byrd, Cave, Cobb-Hunter, Davenport, Gourdine, Govan, J. Hines, Lee, Lloyd, 
Mack, Martin, Mason, Miller, J.H. Neal, Neilson, Pinckney, Robinson, Scott, 
Seithel, Simrill, J. Smith and Stuart
 A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
 CHAPTER 14 SO AS TO ENACT THE "SOUTH CAROLINA SCHOOL SEXUAL ASSAULT AND
 HARASSMENT INFORMATION ACT" WHICH SHALL REQUIRE SCHOOL DISTRICTS TO DEVELOP,
 PUBLISH, AND IMPLEMENT POLICIES AND PRACTICES TO PROVIDE PREVENTION,
 AWARENESS, AND REMEDIES FOR SEXUAL ASSAULT AND HARASSMENT ON SCHOOL GROUNDS
 AND PROPERTY.

   03/03/98  House  Introduced and read first time HJ-1
   03/03/98  House  Referred to Committee on Education and Public
                     Works HJ-2

A BILL

TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 SO AS TO ENACT THE "SOUTH CAROLINA SCHOOL SEXUAL ASSAULT AND HARASSMENT INFORMATION ACT" WHICH SHALL REQUIRE SCHOOL DISTRICTS TO DEVELOP, PUBLISH, AND IMPLEMENT POLICIES AND PRACTICES TO PROVIDE PREVENTION, AWARENESS, AND REMEDIES FOR SEXUAL ASSAULT AND HARASSMENT ON SCHOOL GROUNDS AND PROPERTY.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Title 59 of the 1976 Code is amended to read:

Section 59-14-10. This chapter is known and may be cited as the 'South Carolina School Sexual Assault and Harassment Information Act'.

Section 59-14-20. As used in this chapter:

(1) 'Campus' means a building or property owned or controlled by a school district of this State and used by the district in direct support of, or in a manner related to, the purposes of schools within the district.

(2) 'Campus sexual assault or harassment' means a sexual assault that occurs on campus or harassment of a sexual nature that constitutes a violation of state or federal law if committed by an adult.

(3) 'Student' means an individual who is enrolled in a school of the district.

Section 59-14-30. The serious nature and consequences of sexual assault and harassment and the particular problems caused by sexual assault and harassment within a public school setting require the General Assembly to encourage school districts to develop, with input from students, faculty, and staff, a comprehensive sexual assault and harassment policy to address prevention and awareness of sexual assault and harassment and to establish procedures that address campus sexual assaults and harassment. The General Assembly further encourages school districts to make all reasonable efforts to support a student who is the victim of a sexual assault or harassment by requiring full report of a sexual assault or harassment to law enforcement authorities if appropriate, including local police, and to make all reasonable efforts to provide assistance to and to cooperate with the student as the report is investigated and resolved.

Section 59-14-40. (A) Each school district board of trustees by the beginning of school year 1998-99 must establish and implement a written campus sexual assault and harassment policy providing at a minimum for:

(1) a sexual assault and harassment program for each middle and high school of the district, aimed at prevention and awareness of sexual assaults and harassment; and

(2) the procedures followed by each middle and high school once sexual assault and harassment occur and are reported.

(B) The policy described in subsection (A) must address at least the following areas:

(1) education programs to promote the prevention and awareness of sexual assault and harassment;

(2) possible sanctions following the final determination of a violation of the district's policy regarding sexual assault and harassment;

(3) procedures a student follows if sexual assault and harassment occur, including the persons to be contacted, the importance of preserving evidence of the criminal sexual assault and harassment, and the authorities to whom the alleged offense must be reported;

(4) procedures for the district's disciplinary action in cases of alleged sexual assault and harassment, including a clear statement that both the accuser and the accused:

(a) have the same opportunities to have support persons or legal counsel, if the district's policy allows the presence of outside legal counsel, present during a school disciplinary proceeding; and

(b) must be informed of the outcome of a school disciplinary proceeding brought alleging sexual assault or harassment;

(5) notification to a student of the right to notify proper law enforcement authorities, including local police, and of the option to be assisted by representatives of the district in notifying law enforcement authorities if the student chooses;

(6) notification of a student of existing medical, advocacy, counseling, mental health, and student services for victims of sexual assault and harassment, both on campus and in the community;

(7) notification of a student of options for, and available assistance in, changing academic and living situations after an alleged campus sexual assault and harassment, if requested by the victim and if the changes are reasonably available.

(C) This chapter does not expand or reduce any private right of action of a person to avail themselves of any other remedies provided by law.

(D) Each school district must distribute to students, faculty, and staff of middle and high schools the written campus sexual assault and harassment policy required by this chapter. Each school district must include on employment applications a notification that a copy of the district's campus sexual assault and harassment policy is available upon request. In addition, the district's security personnel and school counselors must make the written policy available to a student who reports being a victim of sexual assault and harassment occurring on campus.

Section 59-14-50. In addition to the requirements of Section 59-14-40, each school district must make available to all middle and high school students a description of the jurisdiction, procedures, and time deadlines of the district's disciplinary policy and procedures relating to sexual assaults and harassment."

SECTION 2. This act takes effect upon approval by the Governor.