HB 1522 — Addressing sexual misconduct at scholarly or professional associations.

H-1099.4H-0409.1 SUBSTITUTE HOUSE BILL 1522 State of Washington 68th Legislature 2023 Regular Session By House Postsecondary Education & Workforce (originally sponsored by Representatives Pollet, Leavitt, Berry, and Macri)Macri READRead FIRSTfirst TIMEtime 02/16/23.01/23/23.

Referred to Committee on Postsecondary Education & Workforce.

In 2020 the legislature established RCW 28B.112.08028B.112.080, the "pass the harasser" law, requiring colleges and universities statewide, both public and private, to ask job applicants to declare whether they had been the subject of substantiated findings of sexual misconduct by a current or previous employer, whether they are the subject of current investigations of sexual misconduct by their employer, or whether they resigned employment during an ongoing investigation.

1 SHBHB 1522 legislature intends to expand the declaration required of applicants for employment to include substantiated findings or current investigations by scholarly associations.

"Employee" does not include a person who was employed by the institution in temporary student employment while the person was an enrolled student unless the student, at the time of employment, is or was a graduate student p.

2 SHBHB 1522 the student, at the time of employment, is or was a graduate student in a position in which the graduate student has or had a supervisory role or authority over other students.

(((4))) (5) "Investigation""Postsecondary educational institution" means an institution of higher education as defined in RCW 28B.10.016, a proceduredegree-granting initiatedinstitution as defined in responseRCW to28B.85.010, a formalprivate complaint,vocational school as defined in 34RCW C.F.R.28C.10.020, or school as defined in RCW 18.16.020, that participates in the state student financial aid program.

(((5))) (6) "Sexual misconduct" includes, but is not limited to, unwelcome sexual contact, unwelcome sexual advances, requests for sexual favors, other unwelcome verbal, nonverbal, electronic, or physical conduct of a sexual nature, sexual harassment, and any misconduct of a sexual nature that is in violation of the postsecondary educational institution's policies or has been determined to constitute sex discrimination pursuant to state or federal law.

(((6))) (7) "Student" means a person enrolled at a postsecondary educational institution and for whom educational records are maintained.

106.30, provided that the procedure fully complies with the provisions of 34 C.F.R.

Sec.

106.45.

(6) "Postsecondary educational institution" means an institution of higher education as defined in RCW 28B.10.016, a degree-granting institution as defined in RCW 28B.85.010, a private vocational school as defined in RCW 28C.10.020, or school as defined in RCW 18.16.020, that participates in the state student financial aid program.

(((5))) (7) "Sexual misconduct" includes, but is not limited to, unwelcome sexual contact, unwelcome sexual advances, requests for sexual favors, other unwelcome verbal, nonverbal, electronic, or physical conduct of a sexual nature, sexual harassment, and any misconduct of a sexual nature that is in violation of the postsecondary educational institution's policies or has been determined to constitute sex discrimination pursuant to state or federal law.

(((6))) (8) "Student" means a person enrolled at a postsecondary educational institution and for whom educational records are maintained.

(9) "Substantiated findings" means a written determination regarding responsibility as described in 34 C.F.R.

Sec.

106.45(b)(7) prepared at the conclusion of an investigation, as amended by any appeals process.

Sec.

p.(1) Beginning October 1, 2020, prior to an official offer of employment to an applicant, a postsecondary educational institution shall request the applicant to sign a statement:

3(a) SHBDeclaring 1522whether (1)the Beginningapplicant Octoberis 1,the 2020,subject priorof toany ansubstantiated officialfindings offer of sexual misconduct in any current or former employment toor anby applicant,any aassociation, postsecondaryis educationalcurrently institutionbeing shallinvestigated requestfor, theor applicanthas toleft signa position during an investigation into, a statement:violation p.

(a)3 DeclaringHB whether1522 the applicant is the subject of any substantiated findings of sexual misconduct inpolicy anyat currentthe orapplicant's formercurrent employmentand orpast byemployers, any association with which the applicant has, or has had, a professional relationship, is currently being investigated for, or has leftresigned amembership position during an investigation into, a violation of any sexual misconduct policy atby theany applicant'sassociation current and past employers, and, if so, an explanation of the situation;

and (b) Ask the applicant if the applicant is the subject of any substantiated findings of sexual misconduct, or is currently being investigated for, or has left a position during an investigation into, a violation of any sexual misconduct policy at the applicant's current and past employers, or is currently being investigated for, or has resigned membership during an investigation into, a violation of any sexual misconduct policy by any association and, if so, an explanation of the situation.

(3)(a) Pursuant to (c) of this subsection, after receiving a request under subsection (2)(a) of this section, a postsecondary educational institution shall provide the information requested and make available to the requesting institution copies of documents in p.the applicant's personnel record relating to substantiated findings of sexual misconduct.

4(b) SHBPursuant 1522to the(c) applicant'sof personnelthis recordsubsection, relatingif toa substantiatedpostsecondary findingseducational ofinstitution sexualhas misconduct.information about substantiated findings p.

(b)4 PursuantHB to1522 (c) of this subsection, if a postsecondary educational institution has information about substantiated findings of a current or former employee's sexual misconduct in the employee's personnel file or employment records, unless otherwise prohibited by law, the institution shall disclose that information to any employer conducting reference or background checks on the current or former employee for the purposes of potential employment, even if the employer conducting the reference or background check does not specifically ask for such information.

(7) Information received under this section may be used by a postsecondary educational institution only for the purpose of evaluating an applicant's qualifications for employment in the position for which the person has applied.

5 SHBHB 1522 (7)(8) InformationThis received under this section maydoes benot usedrestrict byexpungement from a postsecondarypersonnel educationalfile institutionor onlyemployment forrecords the purpose of evaluatinginformation anabout applicant'salleged qualificationssexual formisconduct employmentthat inhas thenot positionbeen forsubstantiated. which the person has applied.

(8) This section does not restrict expungement from a personnel file or employment records of information about alleged sexual misconduct that has not been substantiated.

(10) The student achievement council shall convene a work group and report to the legislature by November 30, 2024, regarding the ability of institutions of higher education to consider if applicants or current employees have committed sexual misconduct at meetings or conferences of academic and professional associations;

and, how institutions of higher education and Washington agencies may encourage adoption of policies and procedures regarding sexual misconduct committed at such association events.

6 SHBHB 1522