H 4740 Session 112 (1997-1998)
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:
"CHAPTER 14
South Carolina School Sexual
Assault and Harassment Information Act
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.
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