PART I

SECTION 1. The legislature finds that the establishment of a graduation pathway system, with its potential to strengthen educational outcomes for higher education students across the State, is a matter of statewide concern.

The purpose of this part is to require the University of Hawaii to develop the graduation pathway system, including structured, default pathways to graduation, meta-majors, academic maps, cornerstone classes, and highly-structured options.

SECTION 2. Chapter 304A, Hawaii Revised Statutes, is amended by adding a new section to subpart A of part I to be appropriately designated and to read as follows:

"§304A- Graduation pathway system. (a) The university shall develop the graduation pathway system to ensure that students within the University of Hawaii system receive appropriate guidance and options to complete a major course of study, graduate within a reasonable period of time, and understand the dynamics of the local employment market.

(b) In developing the graduation pathway system, the university shall include the following elements:

(1) Structured, default pathways wherein upon choosing a major course of study, students are defaulted into the required classes they need to complete to graduate with a baccalaureate degree in that course of study;

(2) Meta-majors, which shall include broad clusters of majors and which shall include breadth requirements appropriate to the types of majors in each category;

(3) Academic maps, including a sequential, prescriptive schedule of classes for each meta-major and major course of study;

(4) Cornerstone classes that are prerequisites designated for each semester and which shall be taken in a recommended sequence and are guaranteed to be available in the sequence and terms designed in the academic maps;

(5) An intrusive advising model that includes the use of high school performance and other measures to recommend broad academic pathways and present default pathways;

(6) A highly-structured option including block schedules of classes and cohorts of students and where students choose programs or major courses of study with mandated class schedules, rather than individual classes; and

(7) Data on the dynamics of the local employment market, including employment availability.

(c) The university shall be responsible for the establishment of policies and procedures designed to implement and support the graduation pathway system."

SECTION 3. The graduation pathway system shall be implemented on all campuses of the University of Hawaii system no later than the fall semester of 2016. The University of Hawaii shall submit a report to the legislature, including updates on progress toward the development and implementation of the graduation pathway system, no later than twenty days prior to the convening of the regular session of 2016.

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2015-2016 and the same sum or so much thereof as may be necessary for fiscal year 2016-2017 for the development and implementation of the graduation pathway system.

The sums appropriated shall be expended by the University of Hawaii for the purposes of this part.

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2015-2016 and the same sum or so much thereof as may be necessary for fiscal year 2016-2017 for the establishment of full-time equivalent ( FTE) permanent positions in the University of Hawaii systems office to develop, implement, and oversee the graduation pathway system.

The sums appropriated shall be expended by the University of Hawaii for the purposes of this part.

PART II

SECTION 6. The legislature finds that the University of Hawaii center on aging is committed to improving the quality of life of all older adults in Hawaii and has the ability to be recognized locally and nationally for research and education endeavors. A permanent director and faculty specialist position with funding will better equip the center on aging in fulfilling its mission.

The purpose of this part is to fund a permanent director and a faculty specialist position within the University of Hawaii center on aging.

SECTION 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2015-2016 and the same sum or so much thereof as may be necessary for fiscal year 2016-2017 to fund full-time equivalent director ( FTE) of the University of Hawaii center on aging.

The sums appropriated shall be expended by the University of Hawaii for the purposes of this part.

SECTION 8. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2015-2016 and the same sum or so much thereof as may be necessary for fiscal year 2016-2017 to fund full-time equivalent faculty specialist position ( FTE) within the University of Hawaii center on aging.

The sums appropriated shall be expended by the University of Hawaii for the purposes of this part.

PART III

SECTION 9. Section 304A-2153, Hawaii Revised Statutes, is amended to read as follows:

"[[]§304A-2153[]] University of Hawaii tuition and fees special fund. (a) There is established the University of Hawaii tuition and fees special fund into which shall be deposited all revenue collected by the university for regular, summer, and continuing education credit tuition, tuition-related course and fee charges, and any other charges to students, except as provided by law. Moneys deposited into the fund shall be expended to maintain or improve the university's programs and operations and shall not be:

(1) Used as a justification for reducing any budget request or allotment to the university unless the university requests such a reduction;

(2) Transferred unless otherwise authorized by the legislature; and

(3) Restricted by the governor or the director of finance without the prior approval of the legislature.

Any rule, policy, or action of any agency or individual in contravention of this subsection shall be void as against public policy.

(b) Any law to the contrary notwithstanding, the board of regents may authorize expenditures of up to $3,000,000 annually, excluding in-kind services, from this fund for the purposes of promoting alumni relations and generating private donations for deposit into the University of Hawaii Foundation for the purposes of the university. Any expenditure authorized pursuant to this subsection shall be for a public purpose and shall not be subject to chapters 42F, 103, 103D, and 103F. The university shall submit a comprehensive report to the legislature detailing the use of any funds authorized by the board under this subsection no later than twenty days prior to the convening of each regular session.

The report shall:

(1) Identify each department of the University of Hawaii Foundation supported by moneys from the fund;

(2) Describe the purposes and activities of each department identified in paragraph (1) and how it participates in fundraising activities and benefits the university;

(3) Provide the total expenditures of each department identified in paragraph (1) by primary expense categories;

(4) Identify all moneys from the fund transferred to any fund of the university and provide a justification of how these moneys are used to benefit the university;

(5) Provide a financial summary of the operating activities of the University of Hawaii Foundation, including revenues and expenditures by major reporting categories; and

(6) Identify amounts and purposes of all expenditures from the University of Hawaii support fund.

(c) Any law to the contrary notwithstanding, the university may transfer funds from the University of Hawaii tuition and fees special fund into the scholarship and assistance special fund established pursuant to section [[]304A-2159[]].

(d) In estimating its quarterly budget requirements, each campus of the University of Hawaii shall prepare a plan for the fiscal year for the operation of each of the programs that it is responsible for administering. The operations plan shall be:

(1) In such form and content as the vice president for budget and finance and chief financial officer of the University of Hawaii may prescribe; and

(2) Submitted, together with the estimated quarterly budget requirements, to the vice president for budget and finance and chief financial officer on such date as the vice president for budget and finance and chief financial officer may prescribe.

(e) At the end of each fiscal year, the moneys in the University of Hawaii tuition and fees special fund for each campus shall lapse to the credit of program identification number UH900 (University of Hawaii, system wide support). The president and vice president for budget and finance and chief financial officer of the University of Hawaii shall:

(1) Review the operations plan for each campus to determine if:

(A) It is consistent with the policy decisions of the board of regents and appropriations by the legislature;

(B) It reflects proper planning and efficient management methods; and

(2) Approve the operations plan for each campus if they determine that the operations plan meets the requirements of paragraph (1); or

(3) Modify or withhold the planned expenditures at any time during the appropriations period."

PART IV

SECTION 10. Chapter 304A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§304A- University of Hawaii; office of the ombuds. (a) There is established at the University of Hawaii the office of the ombuds, which shall be attached administratively to the University of Hawaii system office.

(b) The office of the ombuds shall provide assistance to, and enhance the communication of, the views and voices of faculty, students, staff, and the surrounding community through investigation, analysis, mediation, and public reporting. Assistance provided by the office of the ombuds shall include:

(1) Providing an office to register confidential complaints, problems, or issues; provided that:

(A) Confidentiality shall be granted upon request, unless disclosure is otherwise required by law or there exists an imminent risk of serious harm; and

(B) Ombuds staff shall not disclose the identity of persons who seek assistance, and the contents of communications with those persons, or third parties the person requesting assistance authorizes ombuds staff to contact, shall be privileged. The privilege may be waived only by the office of the ombuds;

(2) Providing impartial and neutral advocacy for fair processes, considering the rights of all parties, and taking no personal stake in the outcome of any matter brought to the attention of the office of the ombuds; and

(3) Operating as an independent office not directed or limited by the chancellor of the University of Hawaii at Manoa in the course of providing assistance in any particular matter and observing the confidentiality required by paragraph (1) in any communications with the chancellor regarding its handling of matters, generally.

(1) Communicating the views and voices of students, faculty, and staff to decision makers;

(2) Harassment or discrimination;

(3) Violations of University of Hawaii policy;

(4) Professional and organizational disputes;

(5) Ethical dilemmas;

(6) Cultural misunderstandings;

(7) Conflicts of interest;

(8) Student employment issues and disputes;

(9) Assistance to administrators and regents in analyzing and framing difficult issues;

(10) Disputes between the university and the community at large;

(11) Health and safety concerns;

(12) Availability and transparency of public information regarding university policies, finances, decisions, and programs;

(13) Academic freedom; and

(14) Threats or retaliation.

(d) When responding to requests for assistance under this section, the office of the ombuds:

(1) May:

(A) Offer information about University of Hawaii policies and procedures;

(B) Identify a range of options for resolving a particular matter;

(D) Facilitate communication, whether directly or indirectly; and

(E) Provide other services, including mediation, reasonably necessary to fulfill the purposes of this section; and

(2) May not:

(A) Make policy or administrative decisions on behalf of administrators or staff;

(B) Establish, change, or set aside policies of the University of Hawaii;

(D) Participate in grievances or other formal dispute resolution processes; or

(E) Serve as an agent of notice for the University of Hawaii or as an advocate for any person seeking assistance.

(e) Subject to subsection (b)(3), the office of the ombuds shall have access to and have authority to track statistics regarding requests for assistance received by the office and may communicate perceived issues and trends, and make recommendations for institutional improvements, to the chancellors of the University of Hawaii and other appropriate officials.

(f) All offices and employees of the University of Hawaii shall timely respond to and provide assistance as reasonably requested by the office of the ombuds."

SECTION 11. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2015-2016 and the same sum or so much thereof as may be necessary for fiscal year 2016-2017 to establish and operate the office of the ombuds at the University of Hawaii.

The sums appropriated shall be expended by the University of Hawaii for the purposes of this part.

PART V

SECTION 12. Although data on sexual violence on college campuses is not widely available and incidents are under reported, it is evident that Hawaii's college students are not unaffected by this problem. For example, in 2011, the University of Hawaii at Manoa alone reported twelve forcible sex offense occurrences on campus. In 2012 the campus reported eleven occurrences, and in 2013 the campus reported eight occurrences. In addition, in the Hawaii commission on the status of women's survey on sexual and relationship violence, conducted during the 2010 academic year, thirty-nine female respondents reported being sexually assaulted since starting school at the University of Hawaii at Manoa. Three of these respondents did not tell anyone about the sexual assault immediately after it happened. Fifteen respondents reported being raped since starting school at the University of Hawaii at Manoa.

The legislature finds that compliance with federal mandates to effectively address campus sexual violence is a matter of statewide concern and requires additional resources as follows:

(1) Staff, including investigators, coordinators, educational specialists, and trainers; and

(2) Materials, including online training materials for staff and students and professional development and operating supplies.

The purpose of this part is to:

(1) Provide sufficient resources to the University of Hawaii to ensure compliance with federal mandates to address campus sexual violence;

(2) Transfer the office of gender equity from the University of Hawaii at Manoa to the University of Hawaii system office; and

(3) Create Title IX coordinator positions at the University of Hawaii at Manoa, University of Hawaii at Hilo, and community colleges.

SECTION 13. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2015-2016 and the same sum or so much thereof as may be necessary for fiscal year 2016-2017 for staff and materials to comply with Title IX of the Education Amendments of 1972 and the Violence Against Women Reauthorization Act of 2013 at each of the University of Hawaii system campuses.

The sums appropriated shall be expended by the University of Hawaii for the purposes of this part.

SECTION 14. (a) The office of gender equity shall be transferred from the University of Hawaii at Manoa to the University of Hawaii system office.

(b) There are transferred from the University of Hawaii at Manoa to the University of Hawaii system office:

(1) full-time equivalent ( FTE) permanent position (position no. 85485) for the director of the office of gender equity; and

(2) full-time equivalent ( FTE) permanent positions (position nos. 78412 and 78606) for Title IX senior investigators for the office of gender equity.

(c) There are transferred from the University of Hawaii at Hilo to the University of Hawaii system office half-time equivalent ( FTE) permanent positions (position nos. 86409 and 45123) for Title IX junior investigators for the office of gender equity.

(d) There is transferred from the University of Hawaii community colleges to the University of Hawaii system office full-time equivalent ( FTE) permanent position (position no. 96662F) for a Title IX junior investigator for the office of gender equity.

(e) There is established full-time equivalent ( FTE) permanent position for a Title IX coordinator at each of the following:

(1) The University of Hawaii at Manoa (position no. 81321);

(2) The University of Hawaii at Hilo (position no. 84499); and

(3) The University of Hawaii community colleges (position no. 96661F).

PART VI

SECTION 15. The legislature finds that a 1973 audit by the auditor of the University of Hawaii's management of faculty workload found the absence of clear and specific policies governing the utilization of faculty resources and the inefficient use of faculty resources. Accordingly, the auditor's report recommended that the University of Hawaii develop policies to govern faculty workload.

The legislature further finds that a 1997 audit of the University of Hawaii's management of faculty workload found inadequate utilization of instructional faculty contributing to the improper compensation of faculty. The auditor's report recommended that the board of regents of the University of Hawaii clarify its requirements for the instructional, research, and service components of instructional faculty workload; establish minimum teaching assignments for all instructional faculty; and ensure that equivalencies across campuses are equitable and that faculty overload requests are processed in compliance with the contractual agreement between the board of regents and the University of Hawaii Professional Assembly. Considering the unfavorable findings and the recommendations of the previous audits, the legislature believes that an updated audit of the university's management of faculty workload is needed.

The purpose of this part is to direct the auditor to conduct audits of the University of Hawaii's management of faculty workload.

SECTION 16. Chapter 23, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§23- University of Hawaii; faculty workload audit. (a) The auditor shall conduct an audit of the University of Hawaii's management of faculty workload no less than one year prior to the expiration of each faculty union collective bargaining agreement.

(b) The auditor shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session in the year in which each faculty union collective bargaining agreement expires."

SECTION 17. (a) The auditor shall conduct an updated audit of the University of Hawaii's management of faculty workload.

(b) The auditor shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature not later than twenty days prior to the convening of the regular session of 2016.

PART VII

SECTION 18. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2015-2016 and the same sum or so much thereof as may be necessary for fiscal year 2016-2017 for the establishment of full-time equivalent ( FTE) graduate assistant positions at the Hawaii educational policy center at the University of Hawaii.

The sums appropriated shall be expended by the University of Hawaii for the purposes of this part.

PART VIII

SECTION 19. The legislature finds that the equitable provision of employee benefits by the University of Hawaii is a matter of statewide concern. Currently, the University of Hawaii provides its faculty with educational benefits, but those same benefits are not afforded to nonsupervisory employees in blue-collar positions and some similarly situated officers and employees.

The purpose of this part is to require the University of Hawaii to provide nonsupervisory employees in blue-collar positions and similarly situated officers and employees who are excluded from collective bargaining with the same educational benefits provided to faculty of the University of Hawaii and the community college system.

SECTION 20. Chapter 304A, Hawaii Revised Statutes, is amended by adding a new section to subpart A of part III to be appropriately designated and to read as follows:

"§304A- Educational benefits for nonsupervisory employees in blue collar positions. The board of regents shall adopt rules to provide:

(1) The officers and employees of the University of Hawaii assigned to the collective bargaining unit established pursuant to section 89-6(a)(1) (nonsupervisory employees in blue collar positions); and

(2) The officers and employees of the University of Hawaii who are excluded from collective bargaining and belong to the same compensation plans as the officers and employees within the collective bargaining unit established pursuant to section 89-6(a)(1),

with the same educational benefits provided to the officers and employees of the University of Hawaii assigned to the collective bargaining unit established pursuant to section 89-6(a)(7) (faculty of the University of Hawaii and the community college system).

For purposes of this section, "educational benefits" shall include tuition waivers, reduced tuition, and tuition benefits for the employee or officer and the spouse, domestic partner, and children of the employee or officer."

PART IX

SECTION 21. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 22. This Act shall take effect on July 1, 2525.

THE SENATE	S.B. NO.	325
TWENTY-EIGHTH LEGISLATURE, 2015		S.D. 1
STATE OF HAWAII		H.D. 2