Bill > S2635

Introduced Session

The sponsor of this bill intends it to extend the same protections from sexual predators offered to K-12 students by P.L.2018, c.5 (C.18A:6-7.6 et seq.) to college and graduate students, whose positions of vulnerability in the academic setting also can be exploited by predatory members of faculties, athletic departments, and administrations. The bill prohibits the governing body of an institution of higher education from employing a person serving in a position which involves regular contact with students unless the institution conducts a review of the applicant's employment history by obtaining from former and current employers information regarding child abuse and sexual misconduct allegations. The applicant is required to list employers from the prior twenty years that were institutions of higher education, schools, or places where the employment involved direct contact with children. The institution is required to ask those employers for a statement as to whether the applicant:· was the subject of any child abuse or sexual misconduct investigation by any employer, State licensing agency, law enforcement agency, or the Department of Children and Families;· was disciplined, discharged, nonrenewed, asked to resign from employment, resigned from or otherwise separated from any employment while allegations of child abuse or sexual misconduct were pending or under investigation, or due to an adjudication or finding of child abuse or sexual misconduct; or · has ever had a license, professional license or certificate suspended, surrendered, or revoked while allegations of child abuse or sexual misconduct were pending or under investigation, or due to an adjudication or finding of child abuse or sexual misconduct.The applicant is required to also provide a written statement disclosing any of the same matters. The applicant is required to provide a written authorization that consents to, and authorizes, disclosure of the information requested by the prospective employer and releases the applicant's former and current employers from any liability arising from the disclosure. On or after the effective date of this bill, the governing body of an institution of higher education may not enter into a collectively bargained or negotiated agreement, an employment contract, an agreement for resignation or termination, a severance agreement, or any other contract or agreement or take any action that:· has the effect of suppressing or destroying information relating to an investigation related to a report of suspected child abuse or sexual misconduct by a current or former employee;· affects the ability of the institution to report suspected child abuse or sexual misconduct to the appropriate authorities; or· requires the institution to expunge information about allegations or findings of suspected child abuse or sexual misconduct from any documents maintained by the institution, unless after investigation the allegations are found to be false or the alleged incident of child abuse or sexual misconduct has not been substantiated. An applicant who gives false information or willfully fails to disclose information required to be provided under the bill will be subject to discipline, including termination or denial of employment. The applicant also may be subject to certain civil penalties. The prospective employer is required to provide notification of these possible penalties to prospective employees in the employment application.

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Tony Bucco (R)*, 

Introduced in the Senate, Referred to Senate Higher Education Committee (on 02/08/2024)

Official Document