2016 -- H 7865

========

LC004744

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

____________

A N   A C T

RELATING TO EDUCATION - ALCOHOL AND/OR DRUG USE AMNESTY FOR

     REPORTERS OF VIOLENCE AT INSTITUTIONS OF HIGHER EDUCATION

     Introduced By: Representatives Ackerman, Fogarty, Naughton, Blazejewski, and Costa

     Date Introduced: March 04, 2016

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended

by adding thereto the following chapter:

CHAPTER 76.2

ALCOHOL AND/OR DRUG USE AMNESTY FOR REPORTERS OF INCIDENTS OF

VIOLENCE AT INSTITUTIONS OF HIGHER EDUCATION

     16-76.2-1. "Incident of violence" defined. -- As used in this chapter, the term "incident

of violence" shall include any event or occurrence where any person abuses or causes physical

injury, to another person or threatens to abuse or to cause physical injury to another person.

Incidents of violence shall include, but not be limited to, domestic violence, dating violence,

stalking and sexual assault.

     16-76.2-2. Policies for drug/alcohol amnesty for individuals reporting incidents of

violence. -- (a) Every institution of higher education in the state shall adopt and implement the

following policy as part of its code of conduct:

     "The health and safety of every student at the (name of institution) is of utmost

importance. (Name of institution) recognizes that students who have been drinking and/or using

drugs (whether such use is voluntary or involuntary) at the time that an incident of violence

occurs, including, but not limited to, domestic violence, dating violence, stalking, or sexual

assault may be hesitant to report such incidents due to fear of potential consequences for their

own conduct. (Name of institution) strongly encourages students to report incidents of violence to

institution officials. A bystander acting in good faith or a reporting individual acting in good faith

that discloses any incident of violence to (name of institution)'s officials or law enforcement will

not be subject to (name of institution)'s code of conduct action for violations of alcohol and/or

drug use policies occurring at or near the time of the commission of the incident of violence."

     (b) Nothing in this chapter shall be construed to limit an institution's ability to provide

amnesty in additional circumstances.

     SECTION 2. This act shall take effect upon passage.

========

LC004744

========

LC004744 - Page 2 of 3

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION - ALCOHOL AND/OR DRUG USE AMNESTY FOR

     REPORTERS OF VIOLENCE AT INSTITUTIONS OF HIGHER EDUCATION

***

     This act would require institutions of higher learning to adopt a policy which grants

amnesty for violations of drug/alcohol policies for those who report incidents of violence,

including domestic violence, dating violence, stalking and sexual assault.

     This act would take effect upon passage.

========

LC004744

========

LC004744 - Page 3 of 3