Washington HB 2637: Concerning the treatment and handling of communications and records held by campus-affiliated advocates at institutions of higher education.

Bill Text

H-3159.4

HOUSE BILL 2637

State of Washington

65th Legislature

2018 Regular Session

By Representatives Holy, Pollet, and Van Werven

Read first time 01/11/18. Referred to Committee on Judiciary.

AN ACT Relating to the treatment and handling of communications and records held by campus-affiliated advocates at institutions of higher education; amending RCW 28B.112.030; reenacting and amending RCW 5.60.060; adding a new section to chapter 28B.112 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. The legislature recognizes that the state's public institutions of higher education play an important role in preventing campus sexual assaults and in providing support and assistance to students who have experienced campus sexual assault. The legislature recognizes that students are more likely to report sexual assault and seek assistance and advocacy if they trust that the institution will manage the survivor's reports and communications appropriately. In 2017, Substitute Senate Bill No. 5764 was enacted to ensure that sexual assault survivor communications and records maintained by campus-affiliated advocates remain confidential and not subject to public inspection, except under limited circumstances. The legislature intends to strengthen protections for sexual assault survivors on campus by: (1) Granting privilege to survivor communications made to campus-affiliated advocates, to the same extent communications are privileged when made to sexual assault advocates under current law; and (2) ensuring campus-affiliated advocates are trained on the confidentiality and privileged nature of communications.

Sec. 2. RCW 28B.112.030 and 2017 c 72 s 2 are each amended to read as follows:

(1) Survivor communications with, and records maintained by, campus-affiliated advocates, shall be confidential.

(2) Records maintained by a campus-affiliated advocate are not subject to public inspection and copying and are not subject to inspection or copying by an institution of higher education unless:

(a) The survivor consents to inspection or copying;

(b) There is a clear, imminent risk of serious physical injury or death of the survivor or another person;

(c) Inspection or copying is required by federal law; or

(d) A court of competent jurisdiction mandates that the record be available for inspection or copying.

(3) Communications made between a campus-affiliated advocate and a survivor are privileged to the extent provided under RCW 5.60.060.

(4) The definitions in this subsection apply throughout this section, section 3 of this act, and RCW 42.56.240(16) unless the context clearly requires otherwise.

(a) "Campus-affiliated advocate" means a "sexual assault advocate" or "domestic violence advocate" as defined in RCW 5.60.060 or a victim advocate, employed by or volunteering for an institution of higher education.

(b) "Survivor" means any student, faculty, staff, or administrator at an institution of higher education that believes they were a victim of a sexual assault, dating or domestic violence, or stalking.

NEW SECTION. Sec. 3. A new section is added to chapter 28B.112 RCW to read as follows:

(1) Before a campus-affiliated advocate may provide advocacy to a survivor, the institution of higher education must ensure that the campus-affiliated advocate has received training regarding the provisions on confidentiality and privilege under RCW 28B.112.030.

(2) Training must include the proper handling of communications and records received and maintained by the campus-affiliated advocates.

(3)(a) Campus-affiliated advocates must sign a form, created by the institutions of higher education, indicating that the advocate has received training, understands the circumstances and extent under which records and communications may be confidential or privileged, and is able to convey that information to survivors.

(b) Notwithstanding any other statute or policy governing an institution of higher education's records retention, an institution of higher education must retain a campus-affiliated advocate's signed form for a period of no less than sixty months after the signatory no longer serves in their capacity as a campus-affiliated advocate.

(c) The institutions of higher education, in consultation with the attorney general's office, must create a uniform form to be used statewide.

(4) "Campus-affiliated advocate" and "survivor" have the definitions in RCW 28B.112.030.

Sec. 4. RCW 5.60.060 and 2016 sp.s. c 29 s 402 and 2016 sp.s. c 24 s 1 are each reenacted and amended to read as follows:

(1) A spouse or domestic partner shall not be examined for or against his or her spouse or domestic partner, without the consent of the spouse or domestic partner; nor can either during marriage or during the domestic partnership or afterward, be without the consent of the other, examined as to any communication made by one to the other during the marriage or the domestic