Bill > HB5555

This bill amends the Persons with Disabilities Civil Rights Act to provide enhanced protections against harassment by educational institutions, defining "harassment" as unwelcome communication or conduct based on an individual's actual or perceived disability that interferes with their educational experience or creates a hostile environment, including through electronic means. Educational institutions are now explicitly prohibited from discriminating in the use of their services or benefits due to a disability, and this prohibition includes harassment. The bill outlines specific conditions under which an institution is considered to have received notice of harassment, particularly when an agent, employee, or authorized individual knew or should have known about it and had the authority or responsibility to report it. To avoid liability, institutions must demonstrate reasonable care by publicizing and enforcing harassment prevention policies, having a complaint procedure, and promptly providing supportive measures to preserve equal access to education, such as adapting schedules, issuing no-contact orders, or offering counseling. The bill also mandates the designation of confidential employees who can receive harassment reports without needing to disclose them to the institution, and requires civil rights coordinators to inform individuals of available resources and services, including community-based support and reasonable accommodations for disabilities. Furthermore, educational institutions are prohibited from retaliating against individuals who report harassment or are witnesses, and from taking disciplinary action for certain related conduct, such as self-defense or good-faith disclosures of non-harassing sexual activity. Finally, the bill expands the definition of "damages" in civil actions to include emotional distress and punitive damages, and allows courts to award litigation costs, including attorney fees, to complainants.

Government Affairs

https://legislature.mi.gov/Bills/Bill?ObjectName=2026-HB-5555