New JerseyColleges would face fines for mishandling sexual assault complaints between students
New Jersey’s higher education secretary would impose a $10,000 penalty on colleges found to have mishandled sexual assault allegations between students enrolled at the same institution.
What it does
Colleges and universities would face a $10,000 penalty if the higher education secretary finds they mishandled a sexual assault allegation between students enrolled at the same institution.
State and local police would notify county prosecutors within 24 hours of learning of sexual assaults in their jurisdiction. Campus police with officers appointed under state law would have this duty with victims’ written consent.
Supervisors would review and approve final decisions in sexual assault cases. When prosecutors decline to bring charges, victims would receive an opportunity to meet in person and hear why.
Argument forThe $10,000 penalty could encourage colleges to investigate sexual assault complaints between their students carefully and discipline students when evidence supports the claims.
Argument againstColleges could face uncertainty about the $10,000 penalty because the bill leaves appropriate investigations and discipline open to interpretation.
More detail
The higher education secretary would impose a $10,000 penalty on a college or university for mishandling a covered sexual assault allegation. The allegation must be made by an enrolled student against another student enrolled at the same institution. The secretary must find a failure to respond and investigate appropriately or to impose appropriate discipline when an allegation is substantiated. The penalty provision would take effect immediately upon enactment.
Police would notify county prosecutors within 24 hours of learning of a sexual assault in their jurisdiction. This covers state and local police and campus departments with officers appointed under New Jersey’s campus police law. Campus police would have this duty only with the victim’s written consent. County prosecutors would set procedures to help police comply. The reporting rules would take effect immediately upon enactment.
County prosecutors would require supervisor approval of final sexual assault case decisions and offer victims an in-person explanation when prosecution is declined. A supervisor in the Special Victims Unit, Juvenile Unit, or an equivalent unit would review and approve final decisions, including whether to bring charges. The assigned assistant prosecutor would offer the meeting and explain the reason for declining prosecution. These requirements would take effect immediately upon enactment.
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Where it stands
- Introduced
- Passed 1st Chamber
- Passed 2nd Chamber
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Oct 22Reported from Assembly Comm. as a Substitute, 2nd ReadingLatest
- Jan 13Introduced, Referred to Assembly Higher Education CommitteeIntroduced
EducationCriminal Justice