AB1053: Bill Text

LRB-5266/1

ARG:jld/kjf/emw

2017 - 2018 LEGISLATURE

2017 Assembly BILL 1053

March 22, 2018 - Introduced by Representatives C. Taylor, Subeck, Brostoff, Berceau, Spreitzer, Neubauer, Zamarripa, Sinicki, Billings, Sargent and Zepnick, cosponsored by Senators Schachtner, L. Taylor, Shilling and Johnson. Referred to Committee on Colleges and Universities.

AB1053,1,3 An Act to create 36.11 (22m) of the statutes; relating to: reasonable accommodations for University of Wisconsin System students who are victims of sexual violence and harassment.

Analysis by the Legislative Reference Bureau

This bill requires each University of Wisconsin System school to ensure the safety and continued access to education of student victims of sexual violence and harassment by providing these student victims with reasonable accommodations, including, to the extent they are reasonably available, housing and academic accommodations and campus escorts. The bill defines “sexual violence and harassment” to mean sexual harassment, sexual assault, stalking, or domestic abuse, as these terms are defined or prohibited under other provisions of current law. A UW System school must notify a student victim of the student's right to these accommodations as soon as the student reports the sexual violence and harassment, regardless of whether the student pursues a formal investigation through the UW System school or law enforcement, and must grant a student victim these accommodations upon the student's request. A UW System school may not impose any additional fees or academic penalties on a student victim in response to making these accommodations.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB1053,1 Section 1. 36.11 (22m) of the statutes is created to read:

AB1053,2,4 36.11 (22m) Reasonable accommodations for victims of sexual violence and harassment. (a) In this subsection, “sexual violence and harassment” means any of the following acts:

AB1053,2,5 1. Sexual harassment, as defined in s. 111.32 (13).

AB1053,2,6 2. Sexual assault, as prohibited under s. 940.225.

AB1053,2,7 3. Stalking, as prohibited under s. 940.32.

AB1053,2,8 4. Domestic abuse, as defined in s. 813.12 (1) (am).

AB1053,2,13 (b) The board shall direct each institution and college campus to ensure the safety and continued access to education of each student who has been a victim of sexual violence and harassment by providing student victims of sexual violence and harassment with reasonable accommodations. Accommodations must be offered in the following areas, to the extent that they are reasonably available:

AB1053,2,14 1. Housing or residential accommodations.

AB1053,2,15 2. Campus escorts.

AB1053,2,16 3. Academic accommodations.

AB1053,2,17 4. Transportation arrangements.

AB1053,2,18 5. Mental health and disability services.

AB1053,2,19 6. Student loan counseling, for a student who wishes to withdraw.

AB1053,2,20 7. Campus employment accommodations.

AB1053,3,2 8. Access or referral to emergency medical care either on campus or in the community.

AB1053,3,7 (c) 1. Each institution and college campus shall notify a student victim of his or her right to accommodations under par. (b) as soon as the student reports the sexual violence and harassment to the institution or college campus or to any law enforcement agency, regardless of whether the student victim pursues a formal investigation through the institution or college campus or a law enforcement agency.

AB1053,3,11 2. Each institution and college campus shall grant a student victim accommodations under par. (b) upon the student's request for such accommodations, regardless of whether the student victim pursues a formal investigation through the institution or college campus or a law enforcement agency.

AB1053,3,14 3. An institution or college campus may not impose any additional fees or academic penalties on a student victim in response to making accommodations under par. (b).

AB1053,3,16 (d) Each institution and college campus shall cooperate with the appropriate law enforcement authorities in fulfilling its responsibilities under this subsection.

AB1053,3,19 (e) Nothing in this subsection prevents an institution or college campus from imposing sanctions on a perpetrator as a result of disciplinary proceedings conducted by the institution or college campus.

AB1053,2 Section 2 . Initial applicability.

AB1053,3,22 (1) This act first applies to the academic year beginning after the effective date of this subsection.

AB1053,3,23 (End)