HB-5040, As Passed House, June 12, 2012

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5040

 

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to protect the right of a student to assert

 

conscientious objection to providing certain counseling or other

 

services; to prohibit certain actions by institutions of higher

 

education; and to provide remedies.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the "Julea

 

Ward freedom of conscience act".

 

     Sec. 3. A public degree or certificate granting college,

 

university, junior college, or community college of this state

 

shall not discipline or discriminate against a student in a

 

counseling, social work, or psychology program because the student

 

refuses to counsel or serve a client as to goals, outcomes, or

 

behaviors that conflict with a sincerely held religious belief of


 

the student, if the student refers the client to a counselor who

 

will provide the counseling or services.

 

     Sec. 5. (1) A person who alleges a violation of this act may

 

bring a civil action for appropriate injunctive relief, or actual

 

damages, or both within 90 days after the occurrence of the alleged

 

violation of this act.

 

     (2) An action commenced under subsection (1) may be brought in

 

the circuit court for the county where the alleged violation

 

occurred, the county where the complainant resides, or the county

 

where the educational institution is located.

 

     (3) As used in this section, "damages" means compensation for

 

injury or loss caused by each violation of this act, including

 

reasonable attorney fees.