First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 15-0800.01 Michael Dohr x4347 HOUSE BILL 15-1296 HOUSE SPONSORSHIP Fields and Priola, Landgraf, Arndt, Becker K., Buckner, Court, Danielson, Dore, Esgar, Foote, Garnett, Ginal, Hullinghorst, Lawrence, Lebsock, Lee, Lontine, McCann, Melton, Mitsch Bush, Moreno, Pabon, Pettersen, Primavera, Rosenthal, Ryden, Salazar, Singer, Tyler, Vigil, Williams, Wilson, Windholz, Winter, Young SENATE SPONSORSHIP Hill and Newell, House Committees Senate Committees Public Health Care & Human Services A BILL FOR AN ACT Concerning creation of a task force to study campus sexual assault policies. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill creates a higher education sexual assault task force. The task force includes students, administrators, victim advocates, and higher education law enforcement officers. The task force will study affirmative consent and other sexual assault policies. The task force shall submit a report to the department of higher education and the general assembly by July 1, 2016. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) The general assembly hereby finds and declares that: (a) The state of Colorado is home to over 470 colleges and universities, educating a total population of approximately 400,000 students annually; (b) Colleges and universities serve Colorado by providing higher education to today's and tomorrow's leaders and contributing to the greater good of society; (c) Sexual assault is a social problem that must be addressed; (d) Sexual activity without consent has been recognized as particularly problematic between and among traditional college-aged individuals; (e) An institution of higher education has a duty to investigate and adjudicate sexual misconduct that affects students' educational opportunities and must discharge that duty regardless of any criminal investigation or prosecution that local law enforcement might pursue; (f) Institutions of higher education have confronted challenges in drafting appropriate sexual consent requirements and in communicating those requirements to their students; (g) Institutions of higher education have adopted a wide range of sexual consent standards by which they judge sexual misconduct, in some cases leading to confusion among victims, respondents, and the general student population; and (h) The General Assembly recognizes a need to continue evaluating and developing best practices for sexual consent definitions and applications for college and university campuses. SECTION 2. In Colorado Revised Statutes, add section 23-5-143 as follows: 23-5-143. Higher education sexual assault task force - repeal. (1) The executive director of the department of higher education shall establish a task force of stakeholders constituting an equal number of students and administrators, including those with experience with sexual assault issues, from each sector of public and private Colorado institutions of higher education that are eligible to receive state funds for student financial assistance, as well as two representatives each from the victim advocacy and higher education law enforcement communities, which representatives shall be selected with input from institutions of higher education, to conduct a study of the experiences of institutions of higher education in implementing and enforcing differing standards of sexual consent and other sexual assault policies, including how such standards affect campus culture, victim reporting, deterrence, prosecution, civil rights, and civil litigation. (2) The task force shall submit a written report summarizing its findings to the Colorado department of higher education and the general assembly no later than July 1, 2016. (3) This section is repealed effective July 1, 2017. SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.