Senate Passes An Act Relative to sexual violence on higher education campuses

On December 17, 2020, the Massachusetts State Senate passed S.2978, An act relative to sexual violence on higher education campuses.

The legislation seeks to decrease the barriers that discourage students from reporting incidents of sexual violence, while working to change the culture on higher education campuses through improved training, transparency and the enforcement of policies. It complements federal requirements while establishing new state requirements, resources and support services for students.

“This week, the Senate again asserted that it will always stand for the rights of survivors of sexual violence across our state,” stated Senate President Karen E. Spilka (D-Ashland). “I am proud of the efforts this legislation makes to enhance the safety on our campuses, while offering flexibility so that colleges and university may adapt to future federal regulatory changes. I want to thank Senators Moore, Gobi and Rodrigues for helping to move this bill forward and look forward to seeing it advance in the legislative process.”

“Making sure that colleges and universities in the Commonwealth are as best equipped as possible to handle cases of sexual assault has been one of my top priorities,” said Senator Michael Moore. “By providing a comprehensive framework for our higher education institutions, we will ensure that alleged instances of sexual assault properly handled. I would like to all my colleagues who helped put this legislation together, as well as Senate leadership for getting this bill over the line this session.”

"I am glad to see this body engross this legislation before the end of the legislative session, giving direction to our colleges and universities to collect data and develop comprehensive sexual misconduct policies and make them known to their employees and students," commented Senator Anne Gobi (D-Spencer), Senate Chair of the Joint Committee on Higher Education. "Having worked with victims of abuse in the past, I know the importance of having extensive support networks in place, and this bill will ensure that students and employees at our institutions of higher education will have access to the support they need."

"Making sure students have the resources and support they need to be protected on campus is of utmost importance," said Senate Chair of Ways and Means Michael J. Rodrigues (D-Westport). "Thank you to Senate President Spilka, Senator Moore, and Senator Gobi for their hard work on this bill and for supporting survivors."

Through the bill, students will have access to confidential resources to learn about their options regarding incidents of sexual violence. Students will also be trained on sexual violence prevention and bystander strategies. Additionally, students will be made aware of the resources available to them on and off-campus through emails and the school website. Students will also be made aware of the rights of the reporting party and the accused during the disciplinary process and the sanctions that may be imposed by the school.

This legislation also requires that schools adopt policies and procedures with local law enforcement agencies to establish their respective roles and responsibilities in cases of sexual violence. Schools must also enter into a memorandum of understanding with a sexual assault crisis service center and domestic violence agency and must train employees and individuals involved in the school’s disciplinary process, while also training campus police officers on the handling of dating violence, domestic violence, sexual assault and stalking complaints.

The bill now moves to the House of Representatives for consideration.