By GARRY RAYNO, InDepthNH.org
CONCORD — Two bills to curb sexual assaults between students and teachers were signed into law Monday by Gov. Chris Sununu.
One bill results from an incident involving a Concord School District teacher and the other concerns professors or other mentors and college students.
Former Concord middle school student Ana Goble, who alerted school administrators to concerns about special education teacher Howie Leung, was at the bill signing ceremony in Executive Council Chambers at the State House.
Goble was suspended by school officials for “spreading rumors,” but Leung was later arrested for sexual contract with a student.
The Concord School Board and administration has been criticized for its handling of the incident.
At the signing ceremony Goble thanked Sununu and Sen. Jeb Bradley, R-Wolfeboro, for helping to make House Bill 1240 law.
“It ensures the safety of my classmates,” she said, “and that’s all we ever wanted, for my classmates to be safe, no matter how old they are.”
The legislature approved two bills dealing with sexual relations between students and teachers, mentors and others in position of authority.
The other bill, House Bill 705, was an omnibus bill enhancing protections for sexual assault victim-survivors including eliminating the civil statute of limitations for sexual assault, requiring colleges and universities to adopt policies on sexual misconduct and to share them with students, to remove the rape exemption for married minors, and to increase the cap on assistance for crime victims and to clarify crime victims’ rights.
“The bills signed today represent the most sweeping collective improvements to laws regarding child abuse and domestic and sexual assault in recent history,” said Amanda Grady Sexton, Director of Public Affairs for the New Hampshire Coalition Against Domestic and Sexual Assault.
Sununu said HB 1240 will allow law enforcement to move against those who use their authority to prey on children.
“We know that unfortunately there are people out there who will use a power disparity to try and take advantage of others,” Sununu said in a statement. “It is important that school be a place of trust and responsibility. If someone violates the trust and authority we place in them and takes advantage of a child, we are now able to act appropriately.”
State Sen. Martha Hennessey, D-Hanover, was the prime sponsor of the bill dealing with colleges and universities.
“The safety of our students is now, and always will be, a bipartisan priority,” said Hennessey. “When a teacher or a coach engages in sexual contact with a student, that is a gross misuse of power. I am proud of the work done this session not only to
close the loophole used by Howie Leung to abuse his position of authority, but to create a funding avenue for domestic violence programs.”
The Chair of the House Criminal Justice and Public Safety Committee, Rep. Renny Cushing, D-Hampton, said removing the archaic deadline for seeking justice in civil cases of sexual assault will give voice to victims.
“The Democratic sponsored legislation signed into law today is significant for victims of sexual assault. Victims deserve the space to seek justice without being constrained to an archaic, mandated timeline,” he said. “We heard from health experts and victims alike that the psychological impacts and processing of assault is not limited to a set timeline and is unique to the person and the situation.
“Removing the civil statute of limitations for sexual assault gives victims a voice at any point throughout their healing rather than stifling their stories.”
HB 1240 also includes provisions creating a special marriage officiant license and updating licensing and policy and fees.
Sen. Cindy Rosenwald, D-Nashua, said the licensing provision will prevent a $700,000 negative budget impact and increase administrative efficiency.
The two bills dealing with sexual assault in educational institutions had passed the House or the Senate but were in limbo in the final days of the 2020 session after House Republicans refused to change bill deadlines that had passed when legislative leaders suspended legislative activity until June due to the coronavirus pandemic.
Without changing the deadlines, House bills yet to have final House action or bills approved by the Senate but not acted on by the House were essentially dead.
Passing the bills would have required a two-thirds majority which was not likely.
The Senate took House Bills and created omnibus legislation made up of many Senate and House bills that were in limbo but Senate Democrats and Republicans believed were important to including criminal justice reform, child protection, COVID-19 related issues, and others.
The procedure meant the House could agree to the Senate changes to the bills with a simple majority and send them to the governor’s desk.
Sununu criticized lawmakers at a press conference in June for not “even taking up” the sexual assault bills, although the two bills had been approved by either the House or the Senate.
His criticism resulted in the resurrection of HB 1240. The Senate had already approved HB 705 and sent it to the House, which approved it on the last day of the session June 30.
Lawmakers will return in the fall to attempt to override a number of bills Sununu has vetoed.
Garry Rayno may be reached at garry.rayno@yahoo.com.