MI SB1191

Amends the Governmental Tort Liability Act (1964 PA 170) to remove governmental immunity for public universities, colleges, and school districts in cases involving criminal sexual misconduct by employees or agents.

Public universities, colleges, and school districts can be held liable if they were negligent in hiring, supervision, or training of the person who committed sexual misconduct, or if they had knowledge of the misconduct and failed to report it to law enforcement.

Liability also applies if the institution had actual or constructive knowledge of a prior act of criminal sexual misconduct or propensity for such conduct by the employee or agent, and failed to act or intervene to prevent subsequent misconduct.

Criminal sexual conduct is defined as conduct prohibited under specified sections of the Michigan Penal Code (MCL 750.520b, 750.520c, 750.520d, 750.520e, 750.520g) and does not require a criminal conviction or adjudication to establish liability.

The provision applies retroactively to actions commenced under the revised judicature act and takes effect only if Senate Bill No. 1187 of the 102nd Legislature is enacted into law.