SPONSOR: |
Sen. Sorenson & Sen. Cloutier & Sen. Blevins
& Rep. Barbieri & Rep. Hudson |
|
Sens.
Connor, Ennis, Henry, Sokola; Reps. Bennett, Briggs King, Hocker, Jaques,
Peterman, Walker, Manolakos |
DELAWARE STATE SENATE 146th GENERAL ASSEMBLY |
SENATE BILL NO. 206 |
AN ACT AMENDING TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL TEEN DATING VIOLENCE AND SEXUAL ASSAULT. |
Section 1. Amend Title 14 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
§4112E. School Teen Dating Violence and Sexual
Assault Act
(a) Definitions. -- The following words, terms
and phrases when used in this section shall have the meaning ascribed to them
except where the context clearly indicates a different meaning;
1.
“Teen Dating Violence” - As
used in this section, Teen Dating Violence means assaultive, threatening or
controlling behavior, including stalking as defined in § 1312 of Title 11, that one person uses against another person
in order to gain or maintain power or control in a current or past
relationship. The behavior can occur in
both heterosexual and same sex relationships, and in serious or casual
relationships.
2. “Sexual Assault” - As used in this section,
Sexual Assault means any unwanted sexual behavior committed by a perpetrator
who is a stranger to the victim or by a perpetrator who is known by the victim
or related to the victim by blood or marriage.
Behaviors that fall under this definition include but are not limited
to: sexual harassment as defined in §
763 of Title 11; sexual contact as defined in § 761(f) Title 11; sexual
intercourse as defined in §761(g) of Title 11; sexual penetration as defined in
§ 761(i) of Title 11 and child sexual abuse as defined in §901 of Title 10.
(b) Teen Dating Violence and Sexual Assault
Policies. - Each school district and
charter school shall establish a policy for responding to Teen Dating Violence
and Sexual Assault, which at a minimum, shall include the following components:
(1)
Definitions of Teen Dating Violence and Sexual
Assault, the behaviors which constitute each and the consequences for
committing offenses;
(2)
Guidelines on Mandatory Reporting and
Confidentiality as required by statute, district policy, and charter school
policy;
(3)
A Protocol for responding to incidents of Teen
Dating Violence and Sexual Assault which shall include, but is not limited to:
a. Procedures
regarding initial response;
b. Procedures
for reporting incidents of Teen Dating Violence and Sexual Assault when a
report is required;
c. Procedures
for the documentation of incidents;
d. Procedures
for working with victims;
e. Procedures
for working with perpetrators.
(c) Each school district and charter school shall
provide training for teachers, administrators, coaches and counselors on Teen
Dating Violence and Sexual Assault, annually.
(d) Each school district and charter school shall
add comprehensive healthy relationships programming as part of the student
health classes. The Domestic Violence Coordinating Council shall have the authority
to review and advise on the implementation of school district policies and
charter school policies related to Teen Dating Violence and Sexual Assault.
(e) Dissemination of policy and accountability. –
(1)
Each school district and charter school shall adopt
a policy consistent with subsection (c) of this section. Following review by
the Domestic Violence Coordinating Council, each school district and charter
school shall submit a copy to the Delaware Department of Education by January
5, 2015.
(2)
The policy shall appear in the student and staff
handbook and if no handbook is available, or it is not practical to reprint new
handbooks, a copy of the policy shall be distributed annually to all students,
parents, faculty and staff.
(3)
The Delaware Department of Education shall prepare
an annual report, which shall include a summary of reported incidences of Teen
Dating Violence and Sexual Assault. The
report shall be submitted to the Domestic Violence Coordinating Council by August
1st each year.
(f) Immunity.
- A person reporting incidents of
Teen Dating Violence and/or Sexual
Assault in good faith is individually immune from a civil cause of
action for damages arising from reporting.
(g) Relationship to school crime reporting. –
Nothing in this section or in the policies promulgated as a result
thereof shall prevent school officials from fulfilling all of the reporting
requirements of § 4112 of this title, or from reporting probable crimes that
occur on school property or at a school function which are not required to be
reported under that section.
(h) Nothing in this section shall abrogate the
reporting requirements for child abuse or sexual abuse set forth in Chapter 9
of Title 16, or any other reporting requirement under state or federal law.
(i) Rules and regulations. – Notwithstanding any
provisions to the contrary, the Delaware Department of Education may promulgate
rules and regulations necessary to implement this section.
SYNOPSIS
This Bill requires school districts and charter schools to establish a policy on responding to Teen Dating Violence and Sexual Assault, including guidelines on mandatory reporting and confidentiality, a protocol for responding to incidents of Teen Dating Violence and Sexual Assault and training on the issue. School districts and charter schools shall add comprehensive healthy relationships programming as part of the student health classes. |
AUTHOR: Sen. Sorenson