HB-5800, As Passed House, May 29, 2018

SUBSTITUTE FOR

HOUSE BILL NO. 5800

     A bill to amend 1976 PA 451, entitled

"The revised school code,"

(MCL 380.1 to 380.1852) by adding section 1310e.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1310e. (1) Notwithstanding any other provision of this

act, except as otherwise provided in subsection (2), the board of a

school district or intermediate school district or board of

directors of a public school academy shall not expel a pupil, or

suspend a pupil for more than 10 school days, for an action that

the pupil took arising out of an incident in which the pupil

reports being sexually assaulted or an incident in which a school

official or staff member witnesses a sexual assault on the pupil or

receives credible evidence that the pupil has been sexually

assaulted. The board of a school district or intermediate school

district or board of directors of a public school academy is

encouraged to follow the recommendations or guidance of the title

IX coordinator for the school district, intermediate school

district, or public school academy in deciding to suspend a pupil

described in this subsection.

     (2) Subsection (1) does not apply to a pupil if any of the

following are met concerning an incident reported under subsection

(1):

     (a) The pupil is convicted of, pleads guilty to, pleads

responsible for, or is adjudicated responsible for aggravated

assault, felonious assault, assault with intent to commit murder,

assault with intent for great bodily harm, assault with intent to

maim, attempted murder, homicide, or manslaughter, in violation of

section 81a, 82, 83, 84, 86, 91, 316, 317, or 321 of the Michigan

penal code, 1931 PA 328, MCL 750.81a, 750.82, 750.83, 750.84,

750.86, 750.91, 750.316, 750.317, and 750.321, or an act

constituting criminal sexual assault in violation of section 520b,

520c, 520d, 520e, or 520g of the Michigan penal code, 1931 PA 328,

MCL 750.520b, 750.520c, 750.520d, 750.520e, and 750.520g in a court

of competent jurisdiction.

     (b) The pupil commits an act described under section 1311(2).

     (c) A completed title IX investigation determines by clear and

convincing evidence that the report of sexual assault is

conclusively false.

     (3) As used in this section:

     (a) "Sexual assault" means an act that constitutes criminal

sexual conduct in violation of section 520b, 520c, 520d, 520e, or

520g of the Michigan penal code, 1931 PA 328, MCL 750.520b,

750.520c, 750.520d, 750.520e, and 750.520g.

     (b) "Title IX coordinator" means the official responsible for

overseeing compliance with title IX of the education amendments of

1972, 20 USC 1681 to 1688.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.