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House narrows government-immunity protections to require school policies addressing sexual abuse
Summary
First Substitute HB 391 passed the House 78-0 after sponsors said the measure responds to appellate-court guidance and requires schools to adopt and implement policies reasonably calculated to protect students from sexual abuse; supporters cited survivor testimony in committee.
The Utah House unanimously passed First Substitute House Bill 391 on March 4, a measure that modifies governmental-immunity provisions to require schools and certain public institutions to adopt, implement and enforce policies aimed at preventing sexual abuse by employees.
Representative Ivory, sponsor, told the House the bill places the burden of protecting students from sexual abuse on institutions that have custody and control of students during the school day. "Students deserve to be safe from sexual abuse in schools," Ivory said on the floor, citing appellate-court decisions that left some plaintiffs without civil remedies and urging legislative correction.
The bill requires institutions to adopt policies reasonably calculated to protect students, to take reasonable measures to implement and enforce those policies, and clarifies treatment for higher-education trust relationships. Sponsors and supporters said the bill responds to survivor testimony and appellate guidance; opponents were not recorded on the floor. The House passed the bill 78-0 and transmitted it to the Senate.
Provenance: floor presentation, debate and final recorded vote on HB 391 on March 4, 2019.
