House Substitute 1 for House Bill 1
148th General Assembly (2015 - 2016)
The General Assembly has ended, the current status is the final status.
AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SEXUAL ASSAULT REPORTING.
This bill will require responsible employees of institutions of higher education to offer to victims to report incidents of sexual assault perpetrated by or against a student to the law enforcement authorities or public safety officials serving the institution. Employees are also responsible for informing victims of their rights under the Victims’ Bill of Rights in Chapter 11, as well as available confidential medical, counseling, and advocacy services. Law enforcement agencies shall make reasonable efforts to ensure a victim's privacy when contacting a victim and are required to inform the victim of their rights under the Victims’ Bill of Rights, as well as available confidential medical, counseling, and advocacy services. Exceptions to the reporting requirement are made for persons with privilege against disclosing communications, as well as sexual assault victim advocates. There is also an exception for disclosures made at student-led speak out events. Institutions will be required to train all staff in the reporting requirement and the nature and prevalence of sexual assaults on campus, as well as their reporting requirements under Title IX. Staff must be trained in trauma-informed best practices with regard to responding to disclosures of sexual assault. Academic institutions will certify compliance with the training requirement to the Office of Higher Education and the Department of Justice. Training is also required for all students regarding sexual assault and the reporting requirement, as well as prevention and awareness training. Additional training is mandated for high risk student groups such as athletes, fraternities and sororities, and international students. The Department of Justice is empowered to fine academic institutions for failure to comply with the reporting and training requirements. Any penalty collected will go to the Criminal Justice Council, to be deposited in a fund for the benefit of sexual assault survivors at academic institutions, and for use in other sexual assault awareness and prevention programs. Academic institutions and law enforcement agencies are required to make annual reports to the Office of Higher Education and the Department of Justice. Schools will report the total number of sexual assault reports made to the institution’s Title IX coordinator including the aggregate data regarding the nature of the assault, outcomes of the investigations and penalties enforced by the school against the perpetrator of a sexual assault where the assault was found substantiated. Law enforcement agencies will convey the number and nature of college-related sexual assaults and criminal actions and outcomes related thereto. The Office of Higher Education and the Department of Justice will aggregate the data received and make a report to the General Assembly and the Governor. The training requirements will be effective one year after enactment and the remainder of the chapter will become effective two years after enactment.