N.J. Stat. § 18A:61E-1 Short title
1. This act shall be known and may be cited as the "New Jersey Campus Sexual Assault Victim's Bill of Rights Act." L.1994,c.160,s.1.
N.J. Stat. tit. 18A, ch. 61E
N.J. Stat. tit. 18A, ch. 61E
in effectN.J. Stat. § 18A:61E-2 "Campus Sexual Assault Victim's Bill of Rights"; development; content
2. The Commission on Higher Education shall appoint an advisory committee of experts which shall develop a "Campus Sexual Assault Victim's Bill of Rights" which affirms support for campus organizations which assist sexual assault victims and provides that the following rights shall be accorded to victims of sexual assaults that occur on the campus of any public or independent institution of higher education in the State and where the victim or alleged perpetrator is a student at the institution or when the victim is a student involved in an off-campus sexual assault. a. The right to have any allegation of sexual assault treated seriously; the right to be treated with dignity; and the right to be notified of existing medical, counseling, mental health or student services for victims of sexual assault, both on campus and in the community whether or not the crime is reported to campus or civil authorities. "Campus authorities" as used in this act shall mean any individuals or organizations specified in an institution's statement of campus security policy as the individuals or organizations to whom students and employees should report criminal offenses. b. The right to have any allegation of sexual assault investigated and adjudicated by the appropriate criminal and civil authorities of the jurisdiction in which the crime occurred, and the right to the full and prompt cooperation and assistance of campus personnel in notifying the proper authorities. The provisions of this subsection shall be in addition to any campus disciplinary proceedings which may take place. c. The right to be free from pressure from campus personnel to refrain from reporting crimes, or to report crimes as lesser offenses than the victims perceive the crimes to be, or to report crimes if the victim does not wish to do so. d. The right to be free from any suggestion that victims are responsible for the commission of crimes against them; to be free from any suggestion that victims were contributorily negligent or assumed the risk of being assaulted; to be free from any suggestion that victims must report the crimes to be assured of any other right guaranteed under this policy; and to be free from any suggestion that victims should refrain from reporting crimes in order to avoid unwanted personal publicity. e. The same right to legal assistance, and the right to have others present, in any campus disciplinary proceeding, that the institution permits to the accused; and the right to be notified of the outcome of any disciplinary proceeding against the accused. f. The right to full, prompt, and victim-sensitive cooperation of campus personnel in obtaining, securing, and maintaining evidence, including a medical examination if it is necessary to preserve evidence of the assault. g. The right to be informed of, and assisted in exercising, any rights to be confidentially or anonymously tested for sexually transmitted diseases or human immunodeficiency virus; the right to be informed of, and assisted in exercising, any rights that may be provided by law to compel and disclose the results of testing of sexual assault suspects for communicable diseases. h. The right to have access to counseling under the same terms and conditions as apply to other students seeking such counseling from appropriate campus counseling services. i. The right to require campus personnel to take reasonable and necessary action to prevent further unwanted contact of victims with their alleged assailants, including but not limited to, notifying the victim of options for and available assistance in changing academic and living situations after an alleged sexual assault incident if so requested by the victim and if such changes are reasonably available. L.1994,c.160,s.2.
N.J. Stat. § 18A:61E-3 Implementation of bill of rights
3. In developing the "Campus Sexual Assault Victim's Bill of Rights," established by P.L.1994, c.160 (C.18A:61E-1 et seq.), the committee created pursuant to section 2 of P.L.1994, c.160 (C.18A:61E-2) shall review existing policies and procedures of public and independent institutions of higher education within the State and shall, as appropriate, incorporate those policies into a proposed bill of rights. The committee shall make a recommendation to the commission which incorporates a proposed "Campus Sexual Assault Victim's Bill of Rights." The commission following consultation with the New Jersey Presidents' Council, established pursuant to section 7 of P.L.1994, c.48 (C.18A:3B-7), shall adopt a "Campus Sexual Assault Victim's Bill of Rights." The commission shall make the "Campus Sexual Assault Victim's Bill of Rights " available to each institution of higher education within the State. The governing boards of the institutions shall examine the resources dedicated to services required on each campus to guarantee that this bill of rights is implemented, and shall make appropriate requests to increase or reallocate resources where necessary to ensure implementation. L.1994,c.160,s.3.
N.J. Stat. § 18A:61E-4 Distribution to students
4. Every public and independent institution of higher education within the State shall make every reasonable effort to ensure that every student at that institution receives a copy of the "Campus Sexual Assault Victim's Bill of Rights." L.1994,c.160,s.4.
N.J. Stat. § 18A:61E-5 Reports of suspected offenses
5. Nothing in this act or in any "Campus Assault Victim's Bill of Rights" developed in accordance with the provisions of this act, shall be construed to preclude or in any way to restrict any public or independent institution of higher education in the State from reporting any suspected crime or offense to the appropriate law enforcement authorities. L.1994,c.160,s.5.
N.J. Stat. § 18A:61E-6 Immunity
6. Notwithstanding any other provision of law to the contrary, no public or independent institution of higher education or its employees shall be liable for damages resulting from any exercise of judgment or discretion in connection with the performance of their duties unless the actions evidence a reckless disregard for the duties imposed by this act. Nothing in this section shall be deemed to grant immunity to any person causing damage by his willful, wanton or grossly negligent act of commission or omission. L.1994,c.160,s.6.
N.J. Stat. § 18A:61E-7 Campus Sexual Assault Commission.
1. a. There is established a Campus Sexual Assault Commission in, but not of, the Department of State. The commission shall consist of 12 members including: (1) the Secretary of Higher Education, the Attorney General, and the Director of the Division on Women in the Department of Children and Families, or their designees, who shall serve ex officio; (2) five public members appointed by the Governor, including a representative of the State colleges and universities established pursuant to chapter 64 of Title 18A of the New Jersey Statutes, a representative of the public research universities, a representative of the county colleges, a representative of the independent colleges and universities, and a representative of the New Jersey Coalition Against Sexual Assault; and (3) four public members with demonstrated research or practitioner experience in issues related to campus sexual violence, including at least one student who is currently involved in campus sexual assault education or advocacy. The President of the Senate, the Speaker of the General Assembly, the Minority Leader of the Senate, and the Minority Leader of the General Assembly shall each appoint one of these public members. b. The public members shall serve for a term of three years, but of the members first appointed: three of the members appointed by the Governor shall serve for a term of three years; one of the members appointed by the Governor, the member appointed by the President of the Senate, and the member appointed by the Speaker of the General Assembly shall serve for a term of two years; and one of the members appointed by the Governor, the member appointed by the Minority Leader of the Senate, and the member appointed by the Minority Leader of the General Assembly shall serve for a term of one year. c. Vacancies in the membership of the commission shall be filled in the same manner as the original appointments are made and a member may be eligible for reappointment. Vacancies occurring other than by expiration of a term shall be filled for the unexpired term. d. The members of the commission shall serve without compensation but shall be reimbursed for reasonable expenses necessarily incurred in the performance of their duties within the limits of funds appropriated or otherwise made available to the commission for its purposes. L.2019, c.299, s.1; amended 2020, c.104,s.1.
N.J. Stat. § 18A:61E-8 Organization, meetings.
2. The commission shall organize as soon as practicable following the appointment of its members, which shall take place between 30 and 60 days after the issuance of the final report of the Working Group on Safe and Inclusive Learning Environments established pursuant to Executive Order No. 61 of 2019. The commission shall choose a chairperson from among its members and shall appoint a secretary who need not be a member of the commission. The commission shall meet quarterly, at a minimum. L.2019, c.299, s.2; amended 2020, c.104, s.2.
N.J. Stat. § 18A:61E-9 Provision of assistance.
3. The Office of the Secretary of Higher Education shall provide such stenographic, clerical, and other administrative assistants, and such professional staff as the commission requires to carry out its work. The commission also shall be entitled to call to its assistance and avail itself of the services of the employees of any State, county, or municipal department, board, bureau, commission, or agency as it may require and as may be available for its purposes. L.2019, c.299, s.3.
N.J. Stat. § 18A:61E-10 Responsibility of commission.
4. It shall be the responsibility of the commission to further the work of the Task Force on Campus Sexual Assault established pursuant to P.L.2015, c.165. In particular, the commission shall: a. study and evaluate emerging issues, policies, and practices concerning campus sexual assault, dating and domestic violence, and stalking on college campuses; b. monitor the response to, and implementation of, the recommendations put forth in the report issued by the task force established pursuant to P.L.2015, c.165 and the Working Group on Safe and Inclusive Learning Environments established pursuant to Executive Order No. 61 of 2019; c. supplement the findings and recommendations, as necessary, of the report issued by the task force established pursuant to P.L.2015, c.165; d. monitor the progress of, and offer technical assistance to, institutions of higher education in implementing a campus climate survey. An institution of higher education shall conduct a campus climate survey at intervals no longer than four years and submit the de-identified survey data to the Office of the Secretary of Higher Education. The Office of the Secretary of Higher Education shall share the findings with the commission; and e. develop an action plan that includes policies, programs, or procedures responsive to the issues and needs identified by institutions of higher education from their campus climate survey. L.2019, c.299, s.4; amended 2020, c.104, s.3.
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