ASSEMBLY, No. 2062

STATE OF NEW JERSEY

217th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION

 


 

Sponsored by:

Assemblyman  REED GUSCIORA

District 15 (Hunterdon and Mercer)

Assemblywoman  VALERIE VAINIERI HUTTLE

District 37 (Bergen)

Assemblywoman  L. GRACE SPENCER

District 29 (Essex)

 

Co-Sponsored by:

Assemblywoman Pinkin, Assemblyman Benson and Assemblywoman Caride

 

 

 

 

SYNOPSIS

     Authorizes Attorney General to impose fine against institution of higher education that fails to appropriately respond to student’s allegation of sexual assault by another student.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  


An Act concerning sexual assault at institutions of higher education and supplementing chapter 61E of Title 18A of the New Jersey Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  The Attorney General shall impose a penalty of up to $50,000 against an institution of higher education in the event that the Attorney General determines that the institution failed to appropriately respond to and investigate an allegation of sexual assault made by a student enrolled in the institution against another such student, and to impose appropriate disciplinary action against the perpetrator if the allegation is substantiated.  The Attorney General shall determine the amount of the fine in accordance with criteria that he shall establish. The Attorney General shall increase the amount of the fine imposed for each repeated violation by an institution, except that a fine shall not exceed $50,000.

     b.    At the beginning of each academic year, an institution of higher education shall communicate to each student, via regular or electronic mail, its policies and procedures concerning the reporting and investigation of an allegation of sexual assault made by a student enrolled in the institution against another student, and shall provide for public inspection on its website the “Campus Sexual Assault Victim’s Bill of Rights” established pursuant to P.L.1994, c.160 (C.18A:61E-1 et seq.).

     c.     The civil penalty prescribed by subsection a. of this section shall be collected and enforced by summary proceedings pursuant to the provisions of the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.).

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill provides that the Attorney General will impose a penalty against an institution of higher education that fails to appropriately respond to and investigate an allegation of sexual assault made by a student up to a maximum of $50,000; and requires the Attorney General to increase the amount of the fine imposed for each repeated violation be the institution.  The bill also requires each institution of higher education to communicate to each student at the beginning of the academic year, via regular or electronic mail, its policies and procedures concerning the reporting and investigation of an allegation of sexual assault, and to provide for public inspection on its website the “Campus Sexual Assault Victim’s Bill of Rights.”