S.C. Code § 59-101-210

Current through 2024 Act No. 225.

Section 59-101-210 - Institutional reports of certain violations; contents; availability; redress for violations

(A)

(1) Beginning with the 2016-2017 academic year, a public institution of higher learning, excluding technical colleges, shall maintain a report of actual findings of violations of the institution's Conduct of Student Organizations by fraternity and sorority organizations formally affiliated with the institution.

(2) The report of actual findings of violations of the Conduct of Student Organizations is required for offenses involving:

(a) alcohol;

(b) drugs;

(c) sexual assault;

(d) physical assault; and

(e) hazing.

(3) The report of actual findings of violations must contain:

(a) the name of the organization;

(b) when the organization was charged with misconduct;

(c) the dates on which the citation was issued or the event occurred;

(d) the date the investigation was initiated;

(e) a general description of the incident, the charges, findings, and sanctions placed on the organization; and

(f) the date on which the matter was resolved.

(4) The report must include no personal identifying information of the individual members and shall be subject to the requirements of the Family Education Rights and Privacy Act (FERPA), 20 U.S.C. 1232g.

(5) The institution shall update this report at least forty-five calendar days before the start of the fall and spring academic semesters.

(6) The institution shall provide reports required under this section on its Internet website in a prominent location. The webpage that contains this report must include a statement notifying the public:

(a) of the availability of additional information related to findings, sanctions, and organizational sanction completion;

(b) where a member of the public may obtain the additional information that is not protected under the Family Education Rights and Privacy Act (FERPA), 20 U.S.C. 1232g; and

(c) that the institution is required to provide this additional information pursuant to the South Carolina Freedom of Information Act.

(7) The institution shall furnish a printed notice of the nature and availability of this report and the website address where it can be found to attendees at student orientation.

(8) The institution shall maintain reports as they are updated for four years. Information that is four years old may be removed from the record by the institution as it updates its records.

(B) A public institution of higher learning shall submit to the Commission on Higher Education a statement within fourteen calendar days that the reports have been updated as required in subsection (A)(4). The commission shall publish on their webpage a link to the institution's updated reports.

(C) A member of the public who believes that an institution is not complying with the information disclosure required under this section may seek relief as provided for under the South Carolina Freedom of Information Act.

S.C. Code § 59-101-210

Amended with no change by 2019 S.C. Acts, Act No. 24 (HB 3398),s 1, eff. 4/26/2019.

Added by 2016 S.C. Acts, Act No. 265 (HB 4521), s 2, eff. 6/9/2016.

2019 Act No. 24, preamble, and Sections 1 to 3, provide as follows:

"Whereas, in 2016, the General Assembly enacted the "Tucker Hipps Transparency Act" in Act 265 of 2016, requiring public institutions of higher learning in this State to maintain reports of actual findings of certain misconduct by fraternity and sorority organizations, among other things; and

"Whereas, the sunset provision of Act 265 of 2016 will result in the expiration of the act on June 29, 2019, unless the provisions of the act are extended or reenacted by the General Assembly; and

Whereas, the General Assembly finds that the success of the "Tucker Hipps Transparency Act" merits its permanent continuation, making it necessary to eliminate this sunset provision. Now, therefore, [text of Act].

"SECTION 1. The 'Tucker Hipps Transparency Act', as established by Act 265 of 2016 and contained in Section 59-101-210, is permanently enacted by the provisions of this act.

"SECTION 2. SECTION 4 of Act 265 of 2016 is repealed.

"SECTION 3. This act takes effect upon approval by the Governor [April 26, 2019]."