Higher education safety

AN ACT Relating to improving safety at institutions of higher 1
education while supporting student survivors of sexual assault; 2
amending RCW 28B.112.040 and 28B.10.147; adding new sections to 3
chapter 28B.112 RCW; and creating a new section. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. The legislature recognizes that policies 6
concerning sex-based violence and harassment have evolved into a 7
survivor-focused, victim-centered approach on a state level. While 8
college campuses have been working in this area, this approach has 9
not been fully realized yet, and sex-based violence and harassment 10
remain a major barrier for students working to achieve their 11
educational goals.12
The legislature finds that, according to the rape, abuse, and 13
incest national network, postsecondary students are at high risk for 14
sex-based violence and harassment; among undergraduate and graduate 15
students, 13 percent experience sexual assault or rape during their 16
postsecondary schooling years. Undergraduate women in particular 17
experience even higher rates, with more than one in four experiencing 18
sexual assault or rape. 19
The legislature acknowledges that postsecondary students lack 20
adequate protections against sex-based violence and harassment as 21
S-0621.1
SENATE BILL 5355
State of Washington 69th Legislature 2025 Regular Session
By Senators Orwall, Slatter, Dhingra, Hasegawa, Nobles, Stanford,
Trudeau, Valdez, and C. Wilson
Read first time 01/20/25. Referred to Committee on Higher Education
& Workforce Development.
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well as avenues for justice, and that survivors need access to more 1
relevant, timely, and sensitive resources. Although the state has 2
invested in student safety on campus, the ongoing rates of sex-based 3
violence and harassment demand the legislature's action and attention 4
to protect students and ensure they are able to successfully achieve 5
their potential. 6
Therefore, the legislature intends to provide survivors at 7
postsecondary institutions with certain protections, resources, and 8
accommodations to help them navigate the aftermath of traumatic sex-9
based and gender-based violence and harassment. 10
NEW SECTION. Sec. 2. (1) In addition to all other rights 11
provided in law, a student at an institution of higher education in 12
Washington who is a survivor of sex-based violence and harassment has 13
the right to:14
(a) Engage with employees who have been trained in trauma-15
informed care. Institutions of higher education must clearly list on 16
their website the campus-based employees trained in trauma-informed 17
care. The employees are responsible for responding to survivor 18
disclosures. Title IX employees at each institution of higher 19
education who may interact with a survivor of sex-based violence and 20
harassment must receive at least three hours of training on 21
relationship violence, abuse dynamics, impacts of trauma on the body, 22
and other forms of violence. The institution of higher education must 23
provide the training in accordance with section 4 of this act;24
(b) A quick and timely institutional investigation process not to 25
exceed six months from the date an investigation is initiated, unless 26
extenuating circumstances exist. Students must be kept informed on 27
the status of the investigation throughout the entirety of the 28
process; 29
(c) Mental health or counseling services, on campus or off-site, 30
regardless of whether the student chooses to make a formal report 31
through the campus Title IX office or to law enforcement. The 32
institution of higher education must make a good faith effort to 33
ensure students have access to no less than eight visits with the 34
same mental health provider either in person or electronically via 35
telehealth; 36
(d) Access to confidential support services, which may include 37
peer advocates, campus-affiliated advocates, and gender-based 38
violence support groups. Beginning with the 2027-28 academic year, 39
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institutions of higher education must hire and train campus-1
affiliated advocates. A campus-affiliated advocate trained in trauma-2
informed care, consistent with the current standards for initial and 3
continuing education training of domestic violence program staff, 4
must be available within two business days of a report being made to 5
the Title IX office or campus-based advocacy office. Survivors must 6
have the option to be accompanied by a campus-affiliated advocate or 7
peer advocate trained in trauma-informed care, while engaged in 8
seeking support services or reporting concerns to an institution of 9
higher education related to sex-based or gender-based violence and 10
harassment. Peer advocates must be trained in trauma-informed care 11
consistent with current standards for initial and continuing 12
education training of domestic violence program staff. Campus-13
affiliated advocates may include personnel from the institution or 14
from a partnership with a community-based victim's advocacy 15
organization; 16
(e) Request supportive measures. Supportive measures must be 17
nondisciplinary, nonpunitive individualized services and must be 18
offered as appropriate, as reasonably available, and without fee or 19
charge, regardless of whether a formal complaint has been filed. 20
Supportive measures must aim to restore or preserve a student's 21
access to the institution of higher education's programs and 22
activities without unreasonably burdening the other party, and to 23
provide support during the institution of higher education's informal 24
resolution or formal complaint processes, as determined through an 25
interactive process between the campus Title IX office, the student, 26
and relevant employees, such as faculty when an academic adjustment 27
is requested. No information about the survivor's experience may be 28
shared in the course of facilitating supportive measures with 29
relevant employees or other third parties, unless specifically 30
requested by the survivor. Supportive measures may include, but are 31
not limited to: 32
(i) Counseling and other medical assistance; 33
(ii) Extensions of deadlines or other academic adjustments;34
(iii) Modifications of on-campus work or class schedules;35
(iv) Leaves of absence; 36
(v) Increased security or monitoring of certain areas of campus; 37
and 38
(vi) Directives prohibiting the parties from contacting one 39
another in housing or work situations; 40
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(f) Have court-issued no-contact and restraining orders honored 1
and reported to university police and security services by a trained 2
employee, such as a campus-affiliated advocate when requested to do 3
so by the survivor; 4
(g) Be made aware by a campus-based employee if the employee is a 5
Title IX required reporter and to which office the employee will 6
share the information provided by the survivor; and7
(h) Access to a no-fee attorney through an organization that 8
serves the entire state and is focused on sexual assault.9
(2) For purposes of this section, "institutions of higher 10
education" include (a) the state universities, the regional 11
universities, and the state college as defined in RCW 28B.10.016, and 12
(b) all community and technical colleges that serve 8,000 or more 13
students. 14
NEW SECTION. Sec. 3. (1) The state university located in 15
Pullman, the state university located in Seattle, the regional 16
university in Ellensburg, the regional university in Bellingham, and 17
all community and technical colleges that serve 8,000 or more 18
students shall establish or expand an existing committee to include a 19
student health and safety committee that includes representatives 20
from various groups, such as admissions, counseling, health care, 21
violence prevention, health promotion, students, campus-affiliated 22
advocates, and faculty and other academic personnel. The committee 23
shall evaluate barriers that impact survivors of sex-based and 24
gender-based violence and harassment and their ability to access 25
services and obtain supportive measures at institutions of higher 26
education, and will collaborate with outside organizations and 27
entities focused on survivors of sex-based and gender-based violence 28
and harassment.29
(2) The student health and safety committee shall:30
(a) Evaluate existing supportive measures and make 31
recommendations on how to facilitate existing processes to better 32
serve survivors in requesting supportive measures;33
(b) Form relationships with local victims' advocacy 34
organizations; and 35
(c) Assess various institutional staffing models of campus-36
affiliated advocates and make recommendations. 37
(3) The student health and safety committee shall annually report 38
its recommendations developed under subsection (2) of this section to 39
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the appropriate committees of the legislature in accordance with RCW 1
43.01.036. 2
(4) Beginning with the 2026-27 academic year, the state college, 3
the state universities, and the regional universities as defined in 4
RCW 28B.10.016 that serve 8,000 or more students shall work with the 5
student health and safety committee to develop questions for student 6
feedback on relevant issues on sex-based and gender-based violence 7
and harassment and students' ability to access services for the 8
campus climate assessment required in RCW 28B.10.147.9
NEW SECTION. Sec. 4. (1) Beginning in the 2026 fall academic 10
term, the state university located in Pullman, the state university 11
located in Seattle, the regional university in Ellensburg, the 12
regional university in Bellingham, and all community and technical 13
colleges that serve 8,000 or more students, shall collaborate with a 14
community-based organization focused on survivors of sexual assault, 15
sexual harassment, and sex-based violence to provide:16
(a) Employee-specific training for the employees specified in 17
subsection (3) of this section, on sensitivity in interacting with 18
survivors of sexual assault, sexual harassment, and sex-based 19
violence; and 20
(b) Sex-based and gender-based violence and harassment education 21
to students specified in subsection (4) of this section, including:22
(i) How to access support services regardless of whether a formal 23
complaint is filed; 24
(ii) The availability and role of confidential resources 25
including counseling and campus-affiliated advocates;26
(iii) How to file a formal complaint with the campus' Title IX 27
office and the applicable law enforcement agency; 28
(iv) Affirmative consent; 29
(v) What conduct constitutes a violation of the institution of 30
higher education's sex-based discrimination policy;31
(vi) Bystander intervention; 32
(vii) Employee-required reporting; 33
(viii) How to provide support to survivors of sexual violence as 34
a peer; and 35
(ix) Information on services available to survivors on and off 36
campus, including: 37
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(A) Those offered by a regional community-based organization 1
providing 24/7 support for survivors of sexual assault, sexual 2
harassment, and sex-based and gender-based violence;3
(B) Costs associated with submitting a sexual assault kit;4
(C) Transportation for medical exams; 5
(D) Free counseling services; and 6
(E) How to obtain legal counsel at any administrative hearing for 7
the survivor at no cost to the student or institution.8
(2) Institutions must make a good-faith effort to include 9
perspectives from sexual assault survivors in the training and 10
education required under subsection (1) of this section.11
(3) The training required in subsection (1)(a) of this section 12
must be provided to: 13
(a) All campus-based employees identified by the institution of 14
higher education as having job duties that include interacting with a 15
survivor of sex-based violence and harassment as provided in section 16
2(1)(a) of this act; and 17
(b) All other campus-based employees, not already identified in 18
this section, whose education may be in-person or via electronic 19
means annually. 20
(4) The education required in subsection (1)(b) of this section 21
must be provided to: 22
(a) All newly matriculated students, including transfer students 23
and graduate students; 24
(b) Student athletes as defined in RCW 19.225.010, who must 25
receive and attend the education in person; 26
(c) Resident advisors, prior to the start of the academic year, 27
who must receive and attend the education in person;28
(d) Students planning on pledging membership to a social 29
fraternity and sorority organization, who must receive and attend the 30
education in person prior to pledging; and 31
(e) Other student groups as identified by the institution of 32
higher education that historically have had unique adjustment issues 33
to campus or have been shown to be important messengers for 34
affirmative consent, who must receive and attend the education in 35
person. 36
(5) Unless otherwise specified, the education established in this 37
section may be provided online, or by other means.38
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NEW SECTION. Sec. 5. Beginning in the 2027 fall academic term, 1
each state university, regional university, and the state college, as 2
defined in RCW 28B.10.016, must include the phone number of a 3
regional community-based organization focused on survivors of sexual 4
assault, sexual harassment, and sex-based and gender-based violence 5
that provides 24/7 support on the back of each student's 6
identification card.7
NEW SECTION. Sec. 6. Postsecondary educational institutions may 8
not propose, request, or pressure a student reporting sexual 9
misconduct in a complaint filed with the institution under Title IX 10
or otherwise, with law enforcement, or in a civil court action to 11
enter into a nondisclosure agreement relating to the alleged sexual 12
misconduct by another student or employee of the institution.13
NEW SECTION. Sec. 7. (1) The Title IX process may not exceed 14
180 business days from the date a decision is made to proceed with an 15
investigation report unless extenuating circumstances exist. The 16
timeline for each step of the Title IX process is as follows:17
(a) The institution of higher education must provide to the 18
student information on available resources, including information on 19
the Title IX process, counseling services, and campus-affiliated 20
advocates, within two business days of the Title IX office receiving 21
a report, unless extenuating safety factors exist for the survivor;22
(b) The initial assessment must be completed within 10 business 23
days of the student meeting with the Title IX employee and providing 24
the necessary information to complete an assessment, including 25
whether the investigation will proceed under Title IX or the 26
institution of higher education's internal process or if the concern 27
will be addressed in a different manner; 28
(c) The investigation must be completed within 120 business days 29
of the initial report or disclosure. This process includes the final 30
decision and subsequent hearings; and 31
(d) If a sanction is issued it must be determined and 32
administered within 10 business days of the final decision.33
(2) If the process will take longer than 180 business days due to 34
extenuating circumstances, the institution of higher education must 35
provide a written explanation to the student, including the reason 36
for the delay and when the process is expected to be completed.37
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(3) Students must be kept informed on the status of the 1
investigation and, if conducted, the hearing, throughout the entirety 2
of the Title IX process. 3
(4) Beginning with the 2028-29 academic year, the state 4
university located in Pullman, the state university located in 5
Seattle, the regional university in Ellensburg, the regional 6
university in Bellingham, and all community and technical colleges 7
that serve 8,000 or more students shall provide an option online for 8
students to report a Title IX violation. All institutions of higher 9
education are also encouraged to provide the online tracking tool, so 10
a student may track the Title IX process. 11
NEW SECTION. Sec. 8. Sections 2 through 7 of this act are each 12
added to chapter 28B.112 RCW.13
Sec. 9. RCW 28B.112.040 and 2023 c 79 s 2 are each amended to 14
read as follows: 15
The definitions in this section apply throughout this ((section 16
and RCW 28B.112.050 through 28B.112.080)) chapter unless the context 17
clearly requires otherwise. 18
(1) "Applicant" means a person applying for employment as 19
faculty, instructor, staff, advisor, counselor, coach, athletic 20
department staff, and any position in which the applicant will likely 21
have direct ongoing contact with students in a supervisory role or 22
position of authority. "Applicant" does not include enrolled students 23
who are applying for temporary student employment with the 24
postsecondary educational institutions, unless the student is a 25
graduate student applying for a position in which the graduate 26
student will have a supervisory role or position of authority over 27
other students. "Applicant" does not include a person applying for 28
employment as medical staff or for employment with an affiliated 29
organization, entity, or extension of a postsecondary educational 30
institution, unless the applicant will have a supervisory role or 31
position of authority over students. 32
(2) "Association" means a scholarly or professional organization 33
or learned society that sponsors activities or events for the benefit 34
of individuals affiliated with postsecondary educational 35
institutions, with a code of conduct forbidding sexual misconduct at 36
such activities or events, and established investigative procedures 37
for allegations that the code of conduct has been violated.38
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(3) "Campus-affiliated advocate" has the same meaning as defined 1
in RCW 28B.112.030.2
(4) "Employee" means a person who is receiving or has received 3
wages as an employee from the postsecondary educational institutions 4
and includes current and former workers, whether the person is 5
classified as an employee, independent contractor, or consultant, and 6
is in, or had, a position with direct ongoing contact with students 7
in a supervisory role or position of authority. "Employee" does not 8
include a person who was employed by the institution in temporary 9
student employment while the person was an enrolled student unless 10
the student, at the time of employment, is or was a graduate student 11
in a position in which the graduate student has or had a supervisory 12
role or authority over other students. "Employee" does not include a 13
person employed as medical staff or with an affiliated organization, 14
entity, or extension of a postsecondary educational institution, 15
unless the employee has or had a supervisory role or position of 16
authority over students. A person who would be considered an 17
"employee" under this subsection, remains an "employee" even if the 18
person enrolls in classes under an institution's employee tuition 19
waiver program or similar program that allows faculty, staff, or 20
other employees to take classes. 21
(((4))) (5) "Employer" includes postsecondary educational 22
institutions in this or any other state. 23
(((5))) (6) "Investigation" means a procedure initiated in 24
response to a formal complaint, as defined in 34 C.F.R. Sec. 106.30, 25
provided that the procedure fully complies with the provisions of 34 26
C.F.R. Sec. 106.45. 27
(((6))) (7) "Postsecondary educational institution" means an 28
institution of higher education as defined in RCW 28B.10.016, a 29
degree-granting institution as defined in RCW 28B.85.010, a private 30
vocational school as defined in RCW 28C.10.020, or school as defined 31
in RCW 18.16.020, that participates in the state student financial 32
aid program. 33
(((7))) (8) "Sex-based and gender-based violence and harassment" 34
includes all forms of sex-based harassment including, but not limited 35
to:36
(a) Hostile environment;37
(b) Quid pro quo;38
(c) Sexual assault;39
(d) Domestic violence;40
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(e) Dating violence;1
(f) Stalking;2
(g) Voyeurism;3
(h) Indecent exposure; and4
(i) Sexual exploitation.5
(9) "Sexual misconduct" includes, but is not limited to, 6
unwelcome sexual contact, unwelcome sexual advances, requests for 7
sexual favors, other unwelcome verbal, nonverbal, electronic, or 8
physical conduct of a sexual nature, sexual harassment, and any 9
misconduct of a sexual nature that is in violation of the 10
postsecondary educational institution's policies or has been 11
determined to constitute sex discrimination pursuant to state or 12
federal law. 13
(((8))) (10) "Student" means a person enrolled at ((a 14
postsecondary educational )) an institution and for whom educational 15
records are maintained. 16
(((9))) (11) "Substantiated findings" means a written 17
determination regarding responsibility as described in 34 C.F.R. Sec. 18
106.45(b)(7) prepared at the conclusion of an investigation, as 19
amended by any appeals process. 20
Sec. 10. RCW 28B.10.147 and 2021 c 275 s 3 are each amended to 21
read as follows: 22
(1)(a) The institutions of higher education as defined in RCW 23
28B.10.016 shall each conduct a campus climate assessment to 24
understand the current state of diversity, equity, and inclusion in 25
the learning, working, and living environment on campus for students, 26
faculty, and staff. The assessment shall occur, at minimum, every 27
five years. Institutions of higher education shall use the results of 28
the campus climate assessment to inform the professional development, 29
established in RCW 28B.10.145, and program, established in RCW 30
28B.10.149. Institutions may use an existing campus climate 31
assessment to meet this requirement. 32
(b) The state board for community and technical colleges shall 33
develop a model campus climate assessment for the community and 34
technical colleges that the colleges may use or modify to meet the 35
requirements of this section. 36
(2) The design of an existing or new campus climate assessment 37
must involve, at minimum, students, college and university diversity 38
officers, faculty, and staff. The campus climate assessment must 39
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include, at minimum, an evaluation of student and employee attitudes 1
and awareness of campus diversity, equity, and inclusion issues. The 2
campus climate assessment ((may also )) must include questions 3
evaluating the prevalence of discrimination, sexual assault, 4
harassment, and retaliation on and off campus, in addition to 5
student, faculty, and staff knowledge of campus policies and 6
procedures addressing discrimination, sexual assault, harassment, and 7
retaliation. Questions related to sexual assault must include those 8
developed by the student health and safety committee on sex-based and 9
gender-based violence and harassment and students' ability to access 10
services required in section 3 (3) of this act. College and university 11
diversity officers and students must be consulted in the development 12
of recommendations. 13
(3) Institutions of higher education must, at minimum, conduct 14
annual listening and feedback sessions for diversity, equity, and 15
inclusion for the entire campus community during periods between 16
campus climate assessments. Institutions of higher education must, to 17
the maximum extent practicable, compensate students for their 18
participation in the annual listening and feedback sessions.19
(4) Beginning July 1, 2022, the institutions of higher education 20
shall report findings or progress in completing their campus climate 21
assessment and, when applicable, information on their listening and 22
feedback sessions annually to either the state board for community 23
and technical colleges or an organization representing the presidents 24
of the public four-year institutions of higher education. The 25
institutions of higher education must also publish annually on the 26
institution's public website the results of either the campus climate 27
assessment or listening and feedback sessions. 28
(5) The state board for community and technical colleges may 29
require colleges to repeat their campus climate assessment. An 30
organization representing the presidents of the public four-year 31
institutions of higher education may also request state universities, 32
regional universities, and The Evergreen State College to repeat 33
their campus climate assessment. 34
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