SB 1191 — Summary (Torts: governmental immunity; liability for criminal sexual conduct)
Status: Enacted — Signed by Governor 2025-06-20; effective immediately
Statutory change: Amends section 7 of 1964 PA 170 (MCL 691.1407) and adds section 7d
Purpose
- To create a new exception to governmental immunity that allows public colleges, universities, and school districts to be sued for employee or agent criminal sexual misconduct in specified circumstances.
Key provisions
- Retains the general governmental immunity framework in MCL 691.1407 while adding a new section (7d) that narrows immunity for public higher-education institutions and school districts.
- Two principal bases for denying immunity:
1. Negligent hiring, supervision, or training: a public university/college or a school district is not immune if it was negligent in those employment practices with respect to an employee or agent who committed criminal sexual misconduct while acting in the course of employment or on behalf of the institution.
2. Knowledge plus failure to report or intervene:
- If the institution had actual or constructive knowledge of the criminal sexual misconduct and failed to report it to appropriate law enforcement, immunity does not apply.
- The bill also provides that an institution may be held liable for subsequent misconduct only if both (a) it had actual or constructive knowledge that the individual committed a prior act of criminal sexual misconduct (or had knowledge of a propensity to commit such acts) and (b) it failed to act or intervene to prevent the subsequent misconduct.
- Preserves other causes of action available to plaintiffs (i.e., does not limit suits against other individuals or different legal theories).
- Defines “criminal sexual conduct” by reference to Michigan Penal Code sections (e.g., MCL 750.520b, .520c, .520d, .520e, .520g).
- (Introduced versions included retroactivity language for certain claims; the enacted bill text should be consulted for any retroactive application or references to MCL 600.5851b.)
Who is affected
- Public colleges and universities, public school districts (including intermediate school districts) and their employees/agents.
- Survivors of criminal sexual conduct who may bring civil claims against these public entities.
- Government insurers and risk pools that cover educational institutions; may affect liability exposure, defense costs, and settlement risk.
- Administrators responsible for hiring, supervision, training, reporting, and campus safety policies.
Procedural / timeline notes
- Bill amends the Governmental Tort Liability Act (1964 PA 170).
- Enacted and effective immediately on 2025-06-20 (Governor’s signature recorded 2025-06-20).
- Because the new section conditions liability on knowledge and negligence standards, institutions’ past and future personnel, reporting, and corrective-action practices may determine exposure to litigation.
Potential impacts (practical)
- Expands circumstances under which plaintiffs can sue public educational entities for employee-perpetrated sexual offenses.
- Likely to increase emphasis on background checks, supervision, training, mandatory reporting to law enforcement, and documentation of corrective measures within institutions to reduce liability risk.
- Could increase claims against public institutions and influence insurance/policy decisions for schools and public universities.
For the precise statutory text and any retroactivity clause or limiting language, consult the enacted bill as codified in MCL 691.1407 and new MCL 691.1407d.
