2016 Hawaii Revised Statutes
TITLE 18. EDUCATION
304A. University of Hawaii System
304A-120 Campus safety and accountability.
[§304A-120] Campus safety and accountability. (a) The University of Hawaii shall:
(1) Train all University of Hawaii students and employees, including security personnel, Title IX coordinators, and residential advisors, on:
(A) Public Law 92-318, Title IX of the federal Education Amendments of 1972, as amended;
(B) The Violence Against Women Act of 1994, as amended; and
(C) University of Hawaii executive policies on sexual harassment, sexual assault, domestic violence, dating violence, and stalking;
(2) Provide all existing University of Hawaii employees with the training described in paragraph (1) by July 1, 2017, and every two years thereafter;
(3) Provide all new University of Hawaii employees with the training described in paragraph (1) no later than thirty days after the date of first employment;
(4) Provide all students with the training described in paragraph (1) annually;
(5) At each campus of the University of Hawaii system, designate a confidential advocate for students to confidentially discuss incidents of, and obtain information on, sexual harassment, sexual assault, domestic violence, dating violence, stalking, and related issues; provided that confidential advocates and communications received by confidential advocates shall not be exempt from any otherwise applicable mandatory reporting requirements for child and vulnerable adult neglect and abuse as provided by chapters 346 and 350;
(6) Publicize the name, location, phone number, and e-mail address of the confidential advocate on the website of each respective campus;
(7) Make available to students and employees written and electronic materials and training programs concerning Title IX of the Higher Education Amendments of 1972; the Violence Against Women Act of 1994; and University of Hawaii policies concerning sexual harassment, sexual assault, domestic violence, dating violence, and stalking; and
(8) Inform victims in writing of the right to file a police report with the appropriate county police department for investigation and assist victims in submitting the police report.
(b) All University of Hawaii faculty members are designated as "responsible employees" under Public Law 92-318, Title IX of the federal Education Amendments of 1972, as amended, and shall report any violations of University of Hawaii executive policies regarding sexual harassment, sexual assault, domestic violence, dating violence, and stalking to the Title IX coordinator of the faculty member's campus; provided that any faculty member designated as a confidential advocate pursuant to subsection (a)(5) shall not be a "responsible employee"; provided further that the confidential advocate shall annually provide general statistics to the Title IX coordinator about the number and type of incidents received by the confidential advocate.
(c) All University of Hawaii students and employees shall complete the training required under subsection (a)(1), (a)(2), (a)(3), and (a)(4) or may be subject to fines, sanctions, or other discipline, as deemed [appropriate] by the University of Hawaii.
(d) No later than March 31, 2017, and every two years thereafter, the University of Hawaii shall conduct a campus climate survey of all students. The University of Hawaii shall submit a report to the legislature no later than twenty days before the convening of each regular session that shall include:
(1) A summary of the most recent campus climate survey results;
(2) Information on the number of sexual assaults that occurred on a University of Hawaii system campus within the past five years; and
(3) Recommendations and efforts to improve campus safety and accountability.
(e) The University of Hawaii shall establish policies and procedures to effectuate this section. [L 2016, c 208, §2]
Revision of University of Hawaii executive policies, as necessary, regarding student conduct, nondiscrimination, etc. no later than December 31, 2016; memoranda of understanding with county police departments by December 31, 2016, regarding sexual assaults on university system campuses. L 2016, c 208, §3.
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