RELATING TO CAMPUS SAFETY.

HB2441

HOUSE OF REPRESENTATIVES

H.B. NO.

2441

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to campus safety
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION 1.
The legislature finds that preventing gender-based violence and promoting
campus safety requires education, accountability, and cultural change.
�
A lack of campus safety can directly affect
students' ability to learn, thrive, and feel secure in their environment.

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The
legislature further finds that the university of Hawaii, as an educational
institution that receives federal funding, is subject to Title IX of the
federal Education Amendments of 1972 and the federal Violence Against Women Act
of 1994.
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However, data submitted
pursuant to section 368D-4, Hawaii Revised Statutes, which requires annual
reporting to the legislature on the number and types of Title IX cases received
by the university of Hawaii and other state educational institutions, reveals
inconsistent participation in required training and persistent under-reporting
of sexual harassment, sexual assault, and gender-based discrimination.

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The
legislature also finds that comprehensive, mandatory training for all students
is essential to preventing sexual misconduct and ensuring that survivors know
how to seek help.
�
Section 304A-120,
Hawaii Revised Statutes, requires training for students and staff of the
university of Hawaii regarding sexual misconduct to ensure campus safety and
accountability.
�
Such training includes
education on the rights and responsibilities established under Title IX of the
federal Education Amendments of 1972; the requirements of the Violence Against
Women Act of 1994; bystander intervention strategies; sexual violence
prevention; and the campus and community resources available to support victims
and survivors.

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The
legislature additionally finds that strengthening compliance and prevention
efforts to ensure that students are adequately protected from escalating
incidents of sexual misconduct is a matter of statewide concern.
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Accordingly, the purpose of this Act is to
strengthen compliance and prevention efforts by:

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(1)
�
Requiring every university of Hawaii student
to complete training on federal laws and university policies regarding sexual
misconduct prior to the completion of initial registration into the university
of Hawaii system; and

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(2)
�
Amending the frequency that training and
programming regarding sexual misconduct is provided to university of Hawaii
students and employees.

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SECTION
2
.
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Section 304A-120, Hawaii Revised Statutes, is
amended to read as follows:

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"
�304A-120
�

Campus safety and accountability.
�
(a)
�
The [
University
]
university

of Hawaii shall:

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(1)
�
Train
all
[
University
]
university
of Hawaii students enrolled at least part-time and employees,
including campus safety and security personnel, Title IX coordinators,
confidential advocates, and residential advisors, on:

���������
(A)
�
Public Law 92-318,
Title IX of the federal Education Amendments of 1972, as amended;

���������
(B)
�
The Violence
Against Women Act of 1994, as amended; and

���������
(C)
�
University of
Hawaii executive policies on sexual misconduct;

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provided
that university of Hawaii students, including students transferring into any
university of Hawaii campus, shall complete the training required pursuant to
this paragraph prior to the completion of initial registration into the
university of Hawaii system;

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(2)
�
Provide all
existing [
University
]
university
of Hawaii
employees with the training described in
paragraph (1) by December 31, 2023, and every two years thereafter;
provided
that training beginning December 31, 2026, training shall be conducted every
years thereafter;

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(3)
�
Provide all new [
University
]

university
of Hawaii
employees
with the training described in paragraph (1) no later than [
thirty
]

days after the date of first employment;

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(4)
�
Provide all
students with the training described in paragraph (1) [
annually;
]
every
years;

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(5)
�
Ensure that any
individual who participates in the implementation of the [
University
]
university

of Hawaii's disciplinary process, including confidential advocates; individuals
responsible for resolving complaints of reported incidents; and individuals
responsible for conducting a meeting, hearing, or other disciplinary proceeding
or informal resolution process, has training or experience in handling sexual
misconduct complaints and the university's disciplinary process; provided that
the training shall include:

���������
(A)
�
The effects of
trauma, including any neurobiological and physical impact trauma, on a person;

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(B)
�
Cultural
competence training regarding how sexual misconduct may impact individuals
differently depending on factors related to an individual's cultural
background, including race
;

color
;
national origin
;
ethnicity
;
religion
;
economic status
;
disability; and sex, which
includes gender identity, gender expression, sexual orientation, and pregnancy
or parenting status;

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(C)
�
Ways to
communicate sensitively and compassionately with a reporting party, including
an awareness of responding with consideration of the reporting party's cultural
background and providing services to the reporting party or assisting the
reporting party in locating services; and

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(D)
�
Training and
information regarding the possible impact of sexual misconduct on individuals
having disabilities;

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(6)
�
At e
ach campus of
the [
University
]
university
of Hawaii system, designate a
confidential advocate for students to confidentially discuss incidents of, and
obtain information on, sexual misconduct and related issues; provided that
confidential advocates and communications received by confidential advocates
shall not be exempt from any otherwise applicable mandatory reporting
requirements for child and vulnerable adult neglect and abuse as provided by
chapters 346 and 350;

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(7)
�
Publicize
the name, location, phone number, and electronic mail address of the
confidential advocate on the website of each respective campus;

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(8)
�
Make
available to students and employees
written and electronic materials and
training programs concerning Title IX of the federal Education Amendments of
1972, as amended; the Violence Against Women Act of 1994, as amended; and [
University
]

university
of Hawaii policies concerning sexual misconduct;

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(9)
�
Inform
victims in writing of the right to file a police report with the appropriate
county police department for investigation and assist victims in submitting the
police report; and

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(10)
�
With guidance from
the office of institutional equity, confidential advocates, prevention
educators, local law enforcement, and local sexual and domestic violence
advocacy organizations,
provide mandatory [
annual
]
trauma-informed, gender-inclusive, LGBTQ+-inclusive sexual misconduct primary
prevention and awareness programming
every
years
for all students enrolled at least part-time and employees of the
university; provided that the programming shall include:

���������
(A)
�
An explanation of
consent as it applies to sexual activity and sexual relationships;

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(B)
�
The effect of
drugs and alcohol on an individual's ability to consent;

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(C)
�
Strategies for
bystander and upstander intervention and risk reduction education that include
recognition of individual biases and attitudes;

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(D)
�
Methods to access
supportive measures for reporting parties; and

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(E)
�
Culturally responsive
methods to address the unique experiences and challenges faced by individuals
based on race; color; national origin; ethnicity; religion; economic status;
disability; and sex, which includes gender identity, gender expression, sexual
orientation, and pregnancy or parenting status.

����
(b)
�
All [
University
]
university

of Hawaii faculty members are designated as "responsible employees"
under Public Law 92-318, Title IX of the federal Education Amendments of 1972,
as amended, and shall report any violations of [
University
]
university

of Hawaii executive policies regarding sexual misconduct to the Title IX
coordinator of the faculty member's campus; provided that any faculty member
designated as a confidential advocate pursuant to subsection (a)(6) shall not
be a "responsible employee"; provided further that the confidential
advocate shall annually provide general statistics to the Title IX coordinator
about the number and type of incidents received by the confidential advocate.

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(c)
�
All [
University
]
university
of
Hawaii students and employees shall complete the training required under
subsection (a)(1), (a)(2), (a)(3), (a)(4), and (a)(10) or may be subject to
fines, sanctions, or other discipline, as deemed appropriate by the [
University
]

university
of Hawaii.
�
The
university of Hawaii shall ensure that a university of Hawaii student's
registration shall not proceed until completion of the required training under
subsection (a)(1) and (a)(10) has been verified by the university's Title IX
office.

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(d)
�

The [
University
]
university
of Hawaii shall not subject a
reporting party or witness who asks for an investigation of sexual misconduct
to a disciplinary proceeding or sanction for a violation of the university's
policy related to drug or alcohol use unless the university determines that the
report of sexual misconduct was not made in good faith.

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(e)
�

If the [
University
]
university
of Hawaii's code of conduct
prohibits sexual activity or certain forms of sexual activity, including
same-gender relationships or sexual activity, the university shall not take
disciplinary action against individuals reporting sexual misconduct or non-harassing
sexual activity related to the incident or other non-harassing sexual activity
discovered during an investigation into the reported incident.

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(f)
�

The [
University
]
university
of Hawaii shall review any
disciplinary action taken against a reporting party to determine if there is a
link between the disclosed sexual misconduct and the misconduct that led to the
reporting party being disciplined.

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(g)
�

Nothing in this section shall be construed to limit the [
University
]

university
of Hawaii's ability to establish an immunity policy for
student conduct violations not mentioned in this section.

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(h)
�

No later than March 31, 2017, and every two years thereafter, the [
University
]

university
of Hawaii shall conduct a campus climate survey of all
students.
�
The [
University
]
university

of Hawaii shall submit a report to the legislature no later than twenty days
before the convening of each regular session that includes:

����
(1)
�
A summary of the
most recent campus climate survey results;

����
(2)
�
Information on the
number of sexual assaults that occurred on a [
University
]
university

of Hawaii system campus within the past five years; and

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(3)
�
Recommendations
and efforts to improve campus safety and accountability.

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(i)
�

The [
University
]
university
of Hawaii shall establish
policies and procedures to effectuate this section.

����
(j)
�

For purposes of this section:

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"Reporting party" means a
student or employee who reports to the [
University
]
university
of
Hawaii as having experienced an incident of sexual misconduct.

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"Sexual harassment" means
unwelcome conduct of a sexual nature.

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"Sexual misconduct" means
an incident of sex-based discrimination, sexual harassment, sexual violence,
intimate partner violence, domestic violence, dating violence, sexual
exploitation, or violence based on sexual orientation or gender identity or
expression.

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"Trauma-informed" means an
understanding of the complexities of sexual misconduct through training
centered on the neurobiological impact of trauma, symptoms of trauma, effective
and supportive techniques to address trauma, the influence of societal myths
and stereotypes surrounding the causes and impacts of trauma, perpetration
methodology, and techniques for conducting an effective investigation."

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SECTION
3.
�
Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.

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SECTION 4.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

University
of Hawaii; Campus Safety; Title IX; Registration; Training; Programming

Description:

Requires students of the University of Hawaii, including
transfer students, to complete training on federal laws and University policies
regarding sexual misconduct prior to the completion of initial registration
into the university of Hawaii system.
�

Amends the frequency that training and programming regarding sexual
misconduct is provided to university of Hawaii students and employees.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.