Existing law establishes the segments of postsecondary education in this state, including the University of California administered by the Regents of the University of California, the California State University administered by the Trustees of the California State University, the California Community Colleges administered by the Board of Governors of the California Community Colleges, and independent institutions of higher education.

This bill would require the board, the trustees, and the governing body of each independent institution of higher education, as defined, and encourage each University of California campus, to each generate a report once every biennium of the legislative session, commencing with the 201718 Regular Session, that includes specified information related to the respective institutions campus climate, as defined, post the report on the respective institutions Internet Web site, and submit the report to specified state bodies. For the purposes of the boards report, the bill would require the board to request certain information from community college districts, and would provide that the boards report shall be based on data available from participating community college districts. The bill would require the board, the trustees, and the governing body of each independent institution of higher education, and would encourage the regents, to create, review every 2 years thereafter, and, as necessary, update protocols, policies, and procedures regarding compliance with the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act and the Violence Against Women Reauthorization Act of 2013.

Existing law establishes the segments of postsecondary education in this state, including the University of California administered by the Regents of the University of California, the California State University administered by the Trustees of the California State University, the California Community Colleges administered by the Board of Governors of the California Community Colleges, and independent institutions of higher education.

This bill would require the board, the trustees, and the governing body of each independent institution of higher education, as defined, and encourage each University of California campus, to each generate a report once every biennium of the legislative session, commencing with the 201718 Regular Session, that includes specified information related to the respective institutions campus climate, as defined, post the report on the respective institutions Internet Web site, and submit the report to specified state bodies. For the purposes of the boards report, the bill would require the board to request certain information from community college districts, and would provide that the boards report shall be based on data available from participating community college districts. The bill would require the board, the trustees, and the governing body of each independent institution of higher education, and would encourage the regents, to create, review every 2 years thereafter, and, as necessary, update protocols, policies, and procedures regarding compliance with the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act and the Violence Against Women Reauthorization Act of 2013.

Existing law establishes the segments of postsecondary education in this state, including the University of California administered by the Regents of the University of California, the California State University administered by the Trustees of the California State University, the California Community Colleges administered by the Board of Governors of the California Community Colleges, and private postsecondary educational institutions. independent institutions of higher education.

This bill would require the board, the trustees, and the governing body of each private postsecondary educational institution, independent institution of higher education, as defined, and encourage each University of California campus, to each generate a report once every biennium of the legislative session, commencing with the 201718 Regular Session, that includes specified information related to the respective institutions campus climate, as defined, post the report on the respective institutions Internet Web site, and submit the report to specified state bodies. For the purposes of the boards report, the bill would require the board to request certain information from community college districts, and would provide that the boards report shall be based on data available from participating community college districts. The bill would require the board, the trustees, and the governing body of each private postsecondary educational institution, independent institution of higher education, and would encourage the regents, to create, review every 2 years thereafter, and, as necessary, update protocols, policies, and procedures regarding compliance with the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act and the Violence Against Women Reauthorization Act of 2013.

Existing law requests the trustees, the regents, and the governing board of each community college district to adopt and publish policies on harassment, intimidation, and bullying to be included within the rules and regulations governing student behavior, as provided.

This bill would require the trustees and the governing board of each community college district, if they expend funds to support activities related to campus climate, as defined, to adopt and publish the above-described policies. By requiring community college districts to adopt and publish these policies, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Existing law establishes the segments of postsecondary education in this state, including the University of California administered by the Regents of the University of California, the California State University administered by the Trustees of the California State University, the California Community Colleges administered by the Board of Governors of the California Community Colleges, and private postsecondary educational institutions.

This bill would require the board, the trustees, and the governing body of each private postsecondary educational institution, as defined, and encourage the regents, each University of California campus, to each generate a report once every biennium of the legislative session, commencing with the 201718 Regular Session, that includes specified information related to the respective institutions campus climate, as defined, post the report on its the respective institutions Internet Web site, and submit the report to specified state bodies. For the purposes of the boards report, the bill would require the board to request certain information from community college districts, and would provide that the boards report shall be based on data available from participating community college districts. The bill would require the Department of Justice to provide guidance to the board, the trustees, the regents, and the governing body of each private postsecondary educational institution on institution, and would encourage the regents, to create, review every 2 years thereafter, and, as necessary, update protocols, policies, and procedures regarding compliance with the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act and the Violence Against Women Reauthorization Act of 2013.

Existing law requests the trustees, the regents, and the governing board of each community college district to adopt and publish policies on harassment, intimidation, and bullying to be included within the rules and regulations governing student behavior, as provided.

This bill would require the trustees and the governing board of each community college district, if they expend funds to support activities related to campus climate, as defined, to adopt and publish the above-described policies. By requiring community college districts to adopt and publish these policies, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Existing law establishes the segments of postsecondary education in this state, including the University of California administered by the Regents of the University of California, the California State University administered by the Trustees of the California State University, the California Community Colleges administered by the Board of Governors of the California Community Colleges, and private postsecondary educational institutions.

This bill would require the board, the trustees, and the governing body of each private postsecondary educational institution, as defined, and encourage the regents, to each generate a report once every biennium of the legislative session, commencing with the 201718 Regular Session, that includes specified information related to the institutions campus climate, as defined, post the report on its Internet Web site, and submit the report to specified state bodies. For the purposes of the boards report, the bill would require the board to request certain information from community college districts, and would provide that the boards report shall be based on data available from participating community college districts. The bill would require the Department of Justice to provide guidance to the board, the trustees, the regents, and the governing body of each private postsecondary educational institution on compliance with the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act and the Violence Against Women Reauthorization Act of 2013.

Existing law requests the trustees, the regents, and the governing board of each community college district to adopt and publish policies on harassment, intimidation, and bullying to be included within the rules and regulations governing student behavior, as provided.

This bill would require the trustees and the governing board of each community college district, if they expend funds to support activities related to campus climate, as defined, to adopt and publish the above-described policies. By requiring community college districts to adopt and publish these policies, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

GOVERNOR'S VETO

GV Bill Id:AB 1653

Author:(Weber)

As Enrolled Ver:September 2, 2016

2/3 vote

Original Committee Reference: HIGHER ED.

SUMMARY: Requires the California Community Colleges (CCC) Board of Governors (BOG), the California State University (CSU) Trustees, the governing body of each private postsecondary educational institution in the state, and encourages each University of California (UC) campus, to generate a report every two years, as specified, pertaining campus climate.

The Senate amendments delete the requirement for specified public and private postsecondary educational institutions to adopt and publish policies on harassment, intimidation, and bullying; and, make technical clarifying changes.

EXISTING LAW:

1. Declares it a goal of public higher education that educational equity be achieved through educational environments in which each person, regardless of race, gender, gender identity, gender expression, sexual orientation, age, disability or economic circumstances has a reasonable chance to fully develop his or her potential (Education Code (EC) Section 66010.2).
2. Provides that it is the policy of the State of California to afford all persons, regardless of disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other basis that is contained in the prohibition of hate crimes set forth in Penal Code Section 422.6(a), equal rights and opportunities in the postsecondary institutions of the state (EC Section 66251).
3. Provides that all students have the right to participate fully in the educational process, free from discrimination and harassment and that California's postsecondary educational institutions have an affirmative obligation to combat racism, sexism, and other forms of bias, and a responsibility to provide equal educational opportunity; and declares the Legislature's intent that each postsecondary educational institution undertake educational activities to counter discriminatory incidents on school grounds and, within constitutional bounds, to minimize and eliminate a hostile environment on school grounds that impairs the access of students to equal educational opportunities (EC Section 66252).
4. Requests the UC Regents, CSU Trustees, and the governing board of each community college district to adopt and publish policies on harassment, intimidation, and bullying to be included within the rules and regulations governing student behavior within their respective segments of public postsecondary education (EC Section 66302).

FISCAL EFFECT: According to the Senate Appropriations Committee:

1. Likely minor costs to the CCC and the CSU to implement this bill.
2. One-time cost pressure to UC of up to $100,000 update the campus climate reporting portal to collect data and allow for data analysis to the extent it chooses to comply with the requirements of the bill. In addition, UC indicates that every two years it would incur costs of $420,000 system wide related to collecting and analyzing data to generate a campus climate report (General Fund).

COMMENTS: Background. Out of concern regarding recent campus climate issues at various campuses of higher education, in the past few years there have been several oversight hearings convened by this Committee to look at campus climate issues. Additionally, in the 2013-14 Legislative Session, the Speaker of the Assembly created the Assembly Select Committee on Campus Climate; which convened several hearings in 2014 and 2015, with the goal of continuing to strengthen overall campus climate for our postsecondary institutions of higher learning. The Select Committee issued a report in October of 2014. Additionally, released in July of 2015, Report 2015-032 by the State Auditor recommended that the Legislature should require the Department of Justice (DOJ) to provide guidance regarding compliance with the requirements of the Clery Act and the Violence Against Women Act (VAWA) Reauthorization of 2013.

This measure is the result of recommendations from the two aforementioned reports.

Public postsecondary institutions of higher learning response to campus climate. The UC seeks to create and nurture an atmosphere of respect and inclusion for all; in March 2014 the UC (after a two-year systemwide survey), released its campus climate study. The study found many things, including, but not limited to the following: 1) 79% of all respondents were comfortable or very comfortable with the campus climate at UC, while 7% were uncomfortable or very uncomfortable; 2) more than half of all respondents thought that the overall campus climate was very respectful or respectful of various races/ethnicities at UC; and, 3) more work must be done to address issues faced by certain groups – underrepresented minority respondents were less comfortable with the overall climate and workplace climate than were white respondents and other people of color and transgender respondents were less comfortable with the overall climate at their campus than were men and women respondents.

To note: 1) many UC campuses have hired staff focused on campus climate issues; 2) many programs are offered to reduce the impact of unconscious bias in hiring and promotions, and to identify and remove institutional barriers to inclusion an career development; 3) resource and student service centers have been established at many campuses for certain populations (such as undocumented students, veteran students, and LGBT (Lesbian, Gay, Bisexual, and Transgender) students); 4) anti-hate initiatives exist at many UC campuses that seek to educate students; and, 5) many UC campuses have student-led and cultural activities.

The CSU is committed to maintaining an inclusive community that values diversity and fosters tolerance and mutual respect. It is CSU policy to provide equal opportunity for all persons regardless of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, and veteran status.

The CSU has policies in place to help ensure that their students and faculty are protected; campuses must implement preventative education programs and make available victim resources, including comprehensive victim services. Information regarding these programs must be included in: 1) orientation programs for new students, faculty and staff; 2) training for students who serve as advisors in residence halls; and, 3) training for student athletes and coaches.

Additionally, on a campus by campus basis, the CSU has created an advisory body of non-CSU experts to advise and opine to the CSU how to strengthen and enforce existing polices, as well as advise if there is a need to create more policies that will allow the CSU to maintain its policy of protection for all.

Purpose of this measure. According to the author, "With the lack of involvement, and funding of the California Postsecondary Education Commission, coordination between segments of higher education has diminished." The author contends that each campus handles campus climate in different methods; some campuses have successful programs that other campuses may want to replicate on their respective campus.

The author states, "By requiring a report on recent developments on campus climate, California's higher education institutions would keep key policymakers informed about new and ongoing endeavors and developments in regards to campus climate. This bill would also allow the general public (students, community organizations, staff, and faculty) to have additional information to help navigate and find information as well as resources to succeed in higher education."

Previous and related legislation. AB 1654 (Santiago), Chapter 222, Statutes of 2016, would, among others, task the DOJ to provide guidance to colleges on the Clery Act.

AB 340 (Weber) of 2015, which was vetoed by the Governor, was similar in nature to the provisions contained in this measure.

GOVERNOR'S VETO MESSAGE:

I am returning Assembly Bill 1653 without my signature.

The bill requires public and independent postsecondary governing boards to generate a report on campus climate and update policies related to compliance with the federal Clery Act every two years.

I vetoed AB 340 last year, which is virtually identical to this bill.

My views have not changed.

Analysis Prepared by: Jeanice Warden / HIGHER ED. / (916) 319-3960 FN: 0005093

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1653

Author:(Weber)

As Amended Ver:August 15, 2016

Majority vote

Original Committee Reference: HIGHER ED.

SUMMARY: Requires the California Community Colleges (CCC) Board of Governors (BOG), the California State University (CSU) Trustees, the governing body of each private postsecondary educational institution in the state, and encourages each University of California (UC) campus, to generate a report every two years, as specified, pertaining campus climate.

The Senate amendments delete the requirement for specified public and private postsecondary educational institutions to adopt and publish policies on harassment, intimidation, and bullying; and, make technical clarifying changes.

EXISTING LAW:

1. Declares it a goal of public higher education that educational equity be achieved through educational environments in which each person, regardless of race, gender, gender identity, gender expression, sexual orientation, age, disability or economic circumstances has a reasonable chance to fully develop his or her potential (Education Code (EC) Section 66010.2).
2. Provides that it is the policy of the State of California to afford all persons, regardless of disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other basis that is contained in the prohibition of hate crimes set forth in Penal Code Section 422.6(a), equal rights and opportunities in the postsecondary institutions of the state (EC Section 66251).
3. Provides that all students have the right to participate fully in the educational process, free from discrimination and harassment and that California's postsecondary educational institutions have an affirmative obligation to combat racism, sexism, and other forms of bias, and a responsibility to provide equal educational opportunity; and declares the Legislature's intent that each postsecondary educational institution undertake educational activities to counter discriminatory incidents on school grounds and, within constitutional bounds, to minimize and eliminate a hostile environment on school grounds that impairs the access of students to equal educational opportunities (EC Section 66252).
4. Requests the UC Regents, CSU Trustees, and the governing board of each community college district to adopt and publish policies on harassment, intimidation, and bullying to be included within the rules and regulations governing student behavior within their respective segments of public postsecondary education (EC Section 66302).

FISCAL EFFECT: According to the Senate Appropriations Committee:

1. Likely minor costs to the CCC and the CSU to implement this bill.
2. One-time cost pressure to UC of up to $100,000 update the campus climate reporting portal to collect data and allow for data analysis to the extent it chooses to comply with the requirements of the bill. In addition, UC indicates that every two years it would incur costs of $420,000 system wide related to collecting and analyzing data to generate a campus climate report (General Fund).

COMMENTS: Background. Out of concern regarding recent campus climate issues at various campuses of higher education, in the past few years there have been several oversight hearings convened by this Committee to look at campus climate issues. Additionally, in the 2013-14 Legislative Session, the Speaker of the Assembly created the Assembly Select Committee on Campus Climate; which convened several hearings in 2014 and 2015, with the goal of continuing to strengthen overall campus climate for our postsecondary institutions of higher learning. The Select Committee issued a report in October of 2014. Additionally, released in July of 2015, Report 2015-032 by the State Auditor recommended that the Legislature should require the Department of Justice (DOJ) to provide guidance regarding compliance with the requirements of the Clery Act and the Violence Against Women Act (VAWA) Reauthorization of 2013.

This measure is the result of recommendations from the two aforementioned reports.

Public postsecondary institutions of higher learning response to campus climate. The UC seeks to create and nurture an atmosphere of respect and inclusion for all; in March 2014 the UC (after a two-year systemwide survey), released its campus climate study. The study found many things, including, but not limited to the following: 1) 79% of all respondents were comfortable or very comfortable with the campus climate at UC, while 7% were uncomfortable or very uncomfortable; 2) more than half of all respondents thought that the overall campus climate was very respectful or respectful of various races/ethnicities at UC; and, 3) more work must be done to address issues faced by certain groups – underrepresented minority respondents were less comfortable with the overall climate and workplace climate than were white respondents and other people of color and transgender respondents were less comfortable with the overall climate at their campus than were men and women respondents.

To note: 1) many UC campuses have hired staff focused on campus climate issues; 2) many programs are offered to reduce the impact of unconscious bias in hiring and promotions, and to identify and remove institutional barriers to inclusion an career development; 3) resource and student service centers have been established at many campuses for certain populations (such as undocumented students, veteran students, and LGBT students); 4) anti-hate initiatives exist at many UC campuses that seek to educate students; and, 5) many UC campuses have student-led and cultural activities.

The CSU is committed to maintaining an inclusive community that values diversity and fosters tolerance and mutual respect. It is CSU policy to provide equal opportunity for all persons regardless of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, and veteran status.

The CSU has policies in place to help ensure that their students and faculty are protected; campuses must implement preventative education programs and make available victim resources, including comprehensive victim services. Information regarding these programs must be included in: 1) orientation programs for new students, faculty and staff; 2) training for students who serve as advisors in residence halls; and, 3) training for student athletes and coaches.

Additionally, on a campus by campus basis, the CSU has created an advisory body of non-CSU experts to advise and opine to the CSU how to strengthen and enforce existing polices, as well as advise if there is a need to create more policies that will allow the CSU to maintain its policy of protection for all.

Purpose of this measure. According to the author, "With the lack of involvement, and funding of the California Postsecondary Education Commission, coordination between segments of higher education has diminished." The author contends that each campus handles campus climate in different methods; some campuses have successful programs that other campuses may want to replicate on their respective campus.

The author states, "By requiring a report on recent developments on campus climate, California's higher education institutions would keep key policymakers informed about new and ongoing endeavors and developments in regards to campus climate. This bill would also allow the general public (students, community organizations, staff, and faculty) to have additional information to help navigate and find information as well as resources to succeed in higher education."

Previous and related legislation. AB 1654 (Santiago) of the current legislative session, which is awaiting action by the Governor, would, among others, task the DOJ to provide guidance to colleges on the Clery Act.

AB 340 (Weber) of 2015, which was vetoed by the Governor, was similar in nature to the provisions contained in this measure.

Analysis Prepared by: Jeanice Warden / HIGHER ED. / (916) 319-3960 FN: 0004213

 THIRD READING  

Bill No: AB 1653

Author:

:

Vote:

SENATE EDUCATION COMMITTEE: 9-0, 6/22/16

AYES: Liu, Block, Hancock, Huff, Leyva, Mendoza, Monning, Pan, Vidak

SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/11/16

AYES: Lara, Beall, Hill, McGuire, Mendoza

NOES: Bates, Nielsen

ASSEMBLY FLOOR: 59-17, 6/2/16 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST: This bill requires the California Community Colleges (CCC) Board of Governors (BOG), the California State University (CSU) Trustees, the governing body of each independent institution of higher education in the state and encourages each University of California (UC) campus, to generate a report every two years, as specified, pertaining to campus climate.

ANALYSIS:

Existing law:

1) Declares it a shared goal of public education and independent institutions of higher education to achieve educational equity not only through a diverse and representative student body and faculty, but also through educational environments in which each person, regardless of race, gender, gender identity, gender expression, sexual orientation, age, disability or economic circumstances has a reasonable change to fully develop his or her potential. (Education Code § 66010.2)

2) Provides that it is the policy of the State of California to afford all persons, regardless of disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other basis that is contained in the prohibition of hate crimes, as specified, equal rights and opportunities in the postsecondary institutions of the state. (EC § 66251)

3) Declares that, consistent with specified federal law provisions, all students have the right to participate fully in the educational process, free from discrimination and harassment and that California's postsecondary educational institutions have an affirmative obligation to combat racism, sexism, and other forms of bias, and a responsibility to provide equal educational opportunity. It also declares the Legislature’s intent that each postsecondary educational institution undertake educational activities to counter discriminatory incidents on school grounds and, within constitutional bounds, to minimize and eliminate a hostile environment on school grounds that impair the access of students to equal educational opportunities. (EC § 66252)

4) Requests the UC Regents, CSU Trustees, and the governing board of each community college district to adopt and publish policies on harassment, intimidation, and bullying to be included within the rules and regulations governing student behavior within their respective segments of public postsecondary education. (EC § 66302)

5) Requires, through the federal law, colleges and universities, as a condition of federal student aid program participation, to publish annual campus security reports, maintain crime logs, provide timely warnings of crimes that present a public safety risk, and maintain ongoing crime statistics. (20 United States Code § 1092(f))

6) Requires, beginning no later than January 1, 2004, the State Auditor to audit at least six colleges every three years to evaluate the accuracy of their statistics and procedures for complying with the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act’s (Clery) crime statistics reporting requirements. The State Auditor is required to report the audit results to the respective Chairs of the Assembly Committee on Higher Education and the Senate Committee on Education. (EC § 67382)

This bill:

1. Requires the CCC BOG and the CSU Trustees, the governing body of each independent institution of higher education in the state and encourages each UC campus, to generate a report once every biennium of the legislative session, beginning with the 2017-2018 Regular Session that include, but is not limited to, the following elements:
   1. New and recent administrative efforts intended to affect campus climate, reduce food insecurity and student homelessness.
   2. Recent campus program developments related to gender, race, ethnicity, national origin, religion, sexual orientation, disability, and gender identity that impact campus climate.
2. Requires the CCC BOG and the CSU Trustees, the governing body of each Independent institution of higher education in the state and encourages UC campuses, to:
   1. Each post the report on their respective Internet Web sites.
   2. Send the report to the Governor, the Attorney General, and the appropriate policy committees of the Legislature.
   3. Create, review every two years thereafter, and, as necessary, update protocols, policies, and procedures regarding compliance with Clery and the federal Violence Against Women Reauthorization Act of 2013.
3. Requires CCC BOG to request, but not require, specified campus climate information from community college districts and base its report on data available from participating community college districts.
4. Defines "campus climate" to mean a measure of an individual's experience within a learning environment, specifically on the current attitudes, practices, policies, and behaviors of campus life that impact the success and retention of all members of a campus community.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local: No

According to the Senate Appropriations Committee:

• Likely minor costs to the CCC and the CSU to implement this bill.
• One-time cost pressure to UC of up to $100,000 update the campus climate reporting portal to collect data and allow for data analysis to the extent it chooses to comply with the requirements of the bill. In addition, the UC indicates that every two years it would incur costs of $420,000 system wide related to collecting and analyzing data to generate a campus climate report. (General Fund)

SUPPORT: (Verified 8/15/16)

Arc and United Cerebral Palsy California Collaboration

California State Conference of the National Association for the Advancement of Colored People

OPPOSITION: (Verified 8/12/16)

None received

ASSEMBLY FLOOR: 59-17, 6/2/16

AYES: Achadjian, Alejo, Arambula, Atkins, Baker, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Hadley, Roger Hernández, Holden, Irwin, Jones-Sawyer, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mayes, McCarty, Medina, Mullin, Nazarian, O'Donnell, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Wilk, Williams, Wood, Rendon

NOES: Travis Allen, Brough, Chang, Chávez, Dahle, Beth Gaines, Gallagher, Grove, Harper, Jones, Mathis, Melendez, Obernolte, Patterson, Steinorth, Wagner, Waldron

NO VOTE RECORDED: Bigelow, Frazier, Kim, Olsen

Prepared by:

8/15/16 20:33:19

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 1653 (Weber) - Postsecondary education: campus climate

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on August 11, 2016

Bill Summary:

This bill requires the California Community Colleges (CCC) Board of Governors (BOG), the California State University (CSU) Trustees, the governing body of each private postsecondary educational institution in the state and encourages each University of California (UC) campus, to generate a report every two years, as specified, pertaining campus climate.

Fiscal Impact:

• Likely minor costs to the CCC and the CSU to implement this bill.
  
• One-time cost pressure to UC of up to $100,000 update the campus climate reporting portal to collect data and allow for data analysis to the extent it chooses to comply with the requirements of the bill. In addition, UC indicates that every two years it would incur costs of $420,000 system wide related to collecting and analyzing data to generate a campus climate report. (General Fund)

Author Amendments:

Deletes the requirement for segments to adopt and publish policies on harassment, intimidation, and bullying.

-- END --

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 1653 (Weber) - Postsecondary education: campus climate

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

This bill requires the California Community Colleges (CCC) Board of Governors (BOG), the California State University (CSU) Trustees, the governing body of each private postsecondary educational institution in the state and encourages each University of California (UC) campus, to generate a report every two years, as specified, pertaining campus climate. This bill also requires the CSU Trustees and community college district governing boards, and requests the UC Regents, to adopt and publish policies on harassment, intimidation, and bullying, as specified.

Fiscal Impact:

• The CCC indicates that costs related to reporting are anticipated to be minor. Additional costs would be incurred of up to $216,000 system wide to adopt and publish policies on harassment, intimidation, and bullying. These costs could be interpreted by the Commission on State Mandates to impose a reimbursable state mandate. See staff comments. (Proposition 98)
  
• One-time cost pressure to UC of up to $100,000 update the campus climate reporting portal to collect data and allow for data analysis to the extent they choose to comply with the requirements of the bill. In addition, every two years the UC would incur costs of $420,000 system wide related to collecting and analyzing data to generate a campus climate report. (General Fund)
  
• CSU anticipates costs to implement this bill would be minor.

Background:

Existing law provides that it is the state’s policy to afford all persons, regardless of disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other basis that is contained in the prohibition of hate crimes, as specified, equal rights and opportunities in the postsecondary institutions of the state. (Education Code § 66251)

Existing law also declares that, consistent with specified federal law provisions, all students have the right to participate fully in the educational process, free from discrimination and harassment. In addition, it declares that the state’s postsecondary educational institutions have an affirmative obligation to combat racism, sexism, and other forms of bias, and a responsibility to provide equal educational opportunity. It declares the Legislature’s intent that each postsecondary educational institution undertake educational activities to counter discriminatory incidents on school grounds and, within constitutional bounds, to minimize and eliminate a hostile environment on school grounds that impair access to equal educational opportunities. (EC § 66252)

Existing law requires under the federal Title IX and the Jeanne Clery Act (Clery Act), colleges and universities, as a condition of federal student aid program participation, to publish annual campus security reports, maintain crime logs, provide timely warnings of crimes that present a public safety risk, maintain ongoing crime statistics, establish certain rights for victims of sexual assault, and include certain security policies. The Violence Against Women Reauthorization Act amended the Clery Act to provide additional rights to campus victims of sexual assault, domestic violence, dating violence, and stalking. Part of the changes include expanding the campus crime statistics required to be reported beyond the Clery Act, to include domestic violence, dating violence and stalking, and crimes motivated by gender identity or national origin.

This bill is reflective of the efforts of the Assembly Select Committee on Campus Climate. The committee issued a report with its recommendations in October 2014 which included that the UC, CSU, and CCC provide an annual report to the Legislature on recent challenges and developments related to campus climate. This bill implements the 2014 report recommendations and information from two follow-up hearings in 2015 with the intent that there be a certain level of oversight and that the Legislature be kept informed of any major changes at California colleges and universities. Also, the author indicates that, existing law does not specifically address campus climate and that this measure would be the appropriate next step in creating some type of oversight of campus climate.

Proposed Law:

This bill requires the CCC Board of Governors, the CSU Trustees, and the governing body of each private postsecondary educational institution in the state, and encourages each UC campus, to each generate and post online a report, as specified, pertaining to campus climate. This report is required to be submitted to the Governor, Attorney General, and the Legislature.

The biennial report must include:

• Recent administrative efforts intended to affect campus climate;
• Recent campus program developments that impact campus climate related to gender, race, ethnicity, national origin, religion, sexual orientation, disability, and gender identity; and
• Recent administrative efforts to reduce student food insecurity and student homelessness.

In addition, this bill requires the CCC Board of Governors, CSU Trustees, and the governing body of each independent institution of higher education, and encourages the UC Regents to create, review every two years, and update as necessary, policies regarding compliance with the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics and the federal Violence Against Women Reauthorization Act.

This bill defines “campus climate” as a measure of an individual’s experience within a learning environment, specifically focusing on the current attitudes, practices, policies, and behaviors of campus life that impact the success and retention of all members of a campus community. This bill also requires that if the CSU Trustees and the governing board of each community college district expend funds to support campus climate, they are required to adopt and publish policies on harassment, intimidation, and bullying to be included within the rules governing student behavior within their respective segments. The UC Regents are requested to adopt such policies.

Related Legislation:

AB 340 (Weber, 2015) similar to this bill, would have also required the CSU and the CCC, and encouraged the UC to report on campus climate efforts. AB 340 was vetoed by the Governor whose veto message indicated that the segments are already taking steps aimed at achieving the goals of the bill and that codifying a biennial report is not necessary.

Staff Comments:

This bill requires each segment to generate a biennium report on campus climate. It specifically requires the BOG to only request, not require, information from community college districts, making any information provided to the BOG voluntary and therefore not a reimbursable activity under state mandate law.

This bill also requires that if community college districts and the CSU expend funds to support activities related to campus climate, they must adopt and publish policies on harassment, intimidation, and bullying. Campus climate is defined in the bill as a measure of an individual’s experience within a learning environment, specifically focusing on the current attitudes, practices, policies, and behaviors of campus life that impact the success and retention of all members of a campus community. This broad definition could capture a wide range of activities for which community college districts expend funds which would trigger the requirement to adopt and publish required policies. If enacted, the requirements included in this bill could be viewed as “activities related to campus climate”. Therefore, it is possible that the Commission on State Mandates could determine this to be a reimbursable state mandate based on practical compulsion – that there is no reasonable alternative but to comply. At an estimated cost of $2,000 to $3,000 per district to develop required policies, reimbursable state mandated costs could be $144,000 to $216,000 statewide.

-- END --

SENATE COMMITTEE ON EDUCATION

Senator Carol Liu, Chair

2015 - 2016 Regular

Bill No:

Subject:

NOTE: This bill has been referred to the Committees on Education and Business Professions and Economic Development. A "do pass" motion should include referral to the Committee on Business Professions and Economic Development.

SUMMARY

This bill requires the California Community Colleges (CCC) Board of Governors (BOG) and the California State University (CSU) Trustees, the governing body of each private postsecondary educational institution in the state and encourages each University of California (UC) campus, to each generate a report, as specified, pertaining campus climate.

BACKGROUND

Existing law:

1) Declares it a shared goal of public education and independent institutions of higher education to achieve educational equity not only through a diverse and

representative student body and faculty, but also through educational

environments in which each person, regardless of race, gender, gender identity,

gender expression, sexual orientation, age, disability or economic circumstances

has a reasonable change to fully develop his or her potential.

(Education Code § 66010.2)

2) Provides that it is the policy of the State of California to afford all persons,

regardless of disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other basis that is contained in the prohibition of hate crimes, as specified, equal rights and opportunities in the postsecondary institutions of the state. (EC § 66251)

3) Declares that, consistent with specified federal law provisions, all students have the right to participate fully in the educational process, free from discrimination and harassment and that California's postsecondary educational institutions have an affirmative obligation to combat racism, sexism, and other forms of bias, and a responsibility to provide equal educational opportunity. It also declares the Legislature’s intent that each postsecondary educational institution undertake educational activities to counter discriminatory incidents on school grounds and, within constitutional bounds, to minimize and eliminate a hostile environment on school grounds that impair the access of students to equal educational opportunities. (EC § 66252)

4) Requests the UC Regents, CSU Trustees, and the governing board of each community college district to adopt and publish policies on harassment, intimidation, and bullying to be included within the rules and regulations governing student behavior within their respective segments of public postsecondary education. (EC § 66302)

5) Requires, through the federal law, colleges and universities, as a condition of federal student aid program participation, to publish annual campus security reports, maintain crime logs, provide timely warnings of crimes that present a public safety risk, and maintain ongoing crime statistics.

(20 United States Code § 1092(f))

6) Requires, beginning no later than January 1, 2004, the State Auditor to audit at least six colleges every three years regarding to evaluate the accuracy of their statistics and procedures for complying with the Clery Act’s crime statistics reporting requirements. The State Auditor is required to report the audit results to the respective Chairs of the Assembly Committee on Higher Education and the Senate Committee on Education. (EC § 67382)

ANALYSIS

This bill:

1. Requires the California Community Colleges (CCC) Board of Governors (BOG) and the California State University (CSU) Trustees, the governing body of each private postsecondary educational institution in the state and encourages each University of California (UC) campus, to generate a report once every biennium of the legislative session, beginning with the 2017-2018 Regular Session that include, but is not limited to the following elements:
2. New and recent administrative efforts intended to affect campus climate, reduce food insecurity and student homelessness.
3. Recent campus program developments related to gender, race, ethnicity,

national origin, religion, sexual orientation, disability, and gender identity that impact campus climate.

1. Requires the CCC BOG and the CSU Trustees, the governing body of each

private postsecondary educational institution in the state and encourages UC campuses, to:

1. Each post the report on their respective Internet Web sites.
2. Send the report to the Governor, the Attorney General, and the appropriate policy committees of the Legislature.
3. Create, review every two years thereafter, and, as necessary, update protocols, policies, and procedures regarding compliance with the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery) and federal the Violence Against Women Reauthorization Act of 2013 (VAWR).

3) Requires California Community Colleges Board of Governors to request, but not require, specified campus climate information from community college districts and base its report on data available from participating community college districts.

4) Defines "campus climate" to mean a measure of an individual's experience within a learning environment, specifically on the current attitudes, practices, policies, and behaviors of campus life that impact the success and retention of all members of a campus community.

5) Deletes the request that the California State University (CSU) Trustees and each community college district governing board adopt and publish policies on harassment, intimidation, and bullying as part of their rules and regulations governing student behavior and instead, requires such action if the governing body expends funds to support activities related to campus climate, as defined.

6) Requests the University of California (UC) Regent adopt and publish policies on harassment, intimidation, and bullying to be included within their rules and regulations governing student behavior.

10) Establishes if the Commission on State Mandates determines that this act contains costs mandated by the state, the state will reimburse applicable entities.

STAFF COMMENTS

1. Source of the bill. This bill is a result of the efforts of the Assembly Select Committee on Campus Climate. According to the author, “The select committee sought to examine public safety protocols and practices of California’s higher education institutions while exploring solutions to encourage campus safety and promote healthier campus climates. The select committee’s mission was to ensure that the state’s college campuses are safe and welcoming environments for all students.” The author contends that, existing law does not specifically address campus climate and that this measure would be the appropriate next step in creating some type of oversight of campus climate. According to the author, the UC recently conducted a systemwide campus climate survey which revealed that every campus handles related situations differently. As California’s higher education systems continue to grow and become increasingly diverse, students need to feel safe on campus and knowledgeable about campus procedures, policies, and services.
2. Assembly Select Committee on Campus Climate. Created by former Speaker John Perez in 2014, the select committee was a result of a number of incidents such as a 2013 case involving an African-American student who experienced on-campus racial bullying at San Jose State. The committee held four hearings throughout the state and heard from systemwide representatives, university administrators, faculty, university staff, students, community organizations and policy experts. The committee issued a report with its recommendations in October 2014. Among other things, the committee recommended that the University of California (UC), California State University (CSU) and California Community College (CCC) provide an annual report to the Legislature on recent challenges and developments in regards to campus climate. In 2015 the select committee held two follow-up hearings. The first hearing, in collaboration with the Joint Legislative Audit Committee and the Assembly Higher Education Committee, focused on sexual assaults and sexual violence on college campuses. The second hearing provided insight into student food insecurity as well as student homelessness issues. This bill implements the 2014 report recommendations and information from the 2015 hearings with the intent that there be a certain level of oversight and that the Legislature be kept informed of any major changes at California colleges and universities.
3. Related state audit. In July 2015, the Bureau of State Audits (BSA) issued a report, California’s Postsecondary Educational Institutions: More Guidance Is Needed to Increase Compliance with Federal Crime Reporting Requirements. The BSA visited six institutions to determine whether their annual security reports issued in 2014 contained all required security policies and accurate crime statistics for 2013. These included Fresno City College, San Francisco State University, Shasta College, Stanford University, University of California at San Diego, and University of Redlands. They also surveyed 79 of the 573 campuses that reported no Clery Act crimes for 2013 to determine whether their institutions’ procedures for compiling and distributing the statistics were sufficient.

The BSA found that none of the six institutions were in full compliance with the Clery Act requirements. In addition, of the 79 campuses surveyed, while most indicated that they have sufficient processes in place to help ensure that they report accurate crime statistics, the BSA felt that some institutions needed to strengthen their practices for notifying students and employees of the availability of their annual security reports.

Among other things, the Auditor recommended the institutions correctly report all applicable crimes and disclose the required campus security policies by reviewing and adhering to applicable guidance related to the Clery Act, creating written procedures that clearly describe the review process for reporting, and ensuring that they include all crimes in their daily crime log. This bill would require institutions to create and review policies, and procedures regarding compliance with the federal Clery Act and federal the Violence Against Women Reauthorization Act.

1. Technical Amendment. This bill is intended to capture private non-profit higher education institutions, as written the bill inadvertently references Education Code (EC) section 94858 related to private for-profit institutions. Consistent with the author’s request staff recommends that the bill be amended to reference the appropriate EC section (66010(b)) for private nonpublic higher education institutions rather than EC section 94858 as currently referenced in the bill.
2. Related and prior legislation.

AB 1654 (Santiago, 2016), expands existing audit requirements regarding the reporting of crime statistics by California postsecondary education institutions by requiring the State Auditor to include an evaluation of institutions’ compliance with state law governing crime reporting and the development and implementation of student safety policies and procedures. AB 1654 was heard and approved by this Committee with a vote of 9-0.

AB 340 (Weber, 2015) similar to this bill, would have required California State University and California Community College and encouraged University of California to report on campus climate efforts and submit the report to the Governor, the Office of the Attorney General, and the appropriate policy committees of the California Legislature. AB 340 was vetoed by the Governor whose veto message read:

“While I understand the desire to create a more vibrant, intellectually serious and inclusive campus environment at UC, CSU and the community colleges, each of their governing boards has already taken steps aimed at achieving these important goals. I believe the leaders of these institutions are committed to providing updates on current and future developments.

Codifying a biennial report, as provided in this bill, is not necessary.”

SUPPORT

California Faculty Association (CFA)

California State Conference of the National Association for the Advancement of Colored

People

California State Student Association (CSSA)

National Association of Social Workers, California Chapter

United Black Student Unions of California

OPPOSITION

None received.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1653

Author:(Weber)

As Amended Ver:

Majority vote

SUMMARY: Requires the California Community Colleges (CCC) Board of Governors (BOG), the California State University (CSU) Trustees, and the governing body of each private postsecondary educational institution in the state, and encourages each campus of the University of California (UC), to each generate a report, as specified, pertaining to campus climate. Specifically, this bill:

1. Requires the CCC BOG and the CSU Trustees, and the governing body of each private postsecondary educational institution, as defined, and encourages each UC campus, to generate a report once every biennium of the legislative session, beginning with the 2017-18 Regular Session.
2. Specifies that the report shall include, all of the following as to the respective segment:
   1. New and recent administrative efforts intended to affect campus climate;
   2. Recent campus program developments that impact campus climate related to the following: i) Gender, ii) Race, iii) Ethnicity, iv) National origin, v) Religion, vi) Sexual orientation, vii) Disability, and viii) Gender identity; and,
   3. New and recent administrative efforts to reduce student food insecurity and student homelessness.
3. Requires the CCC BOG, the CSU Trustees, and the governing body of each private postsecondary educational institution, as defined, and encourages each UC campus, to each post the respective segment’s report on its Internet Web site; and, to send said report to the Governor, the Attorney General, and the appropriate policy committees of the Legislature.
4. Specifies that the CCC BOG shall request the information, as specified for the report, from community college districts and that the CCC BOG report shall be based on data made available from participating community college districts.
5. Requires the CCC BOG, the CSU Trustees, and the governing body of each private postsecondary educational institution, as defined, and encourages the UC Regents, to create, review every two years thereafter, and, as necessary, update protocols, policies, and procedures regarding compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics (Clery) Act and the Violence Against Women Act (VAWA) Reauthorization of 2013.
6. Specifies that if the CSU Trustees and the governing board of each community college district expend funds to support activities related to campus climate, as defined, the Trustees and the governing board of each community college district shall adopt and publish policies on harassment, intimidation, and bullying to be included within the rules and regulations governing student behavior within their respective segments of public postsecondary education.
7. Requests the UC Regents to adopt and publish policies on harassment, intimidation, and bullying to be included within their rules and regulations governing student behavior.
8. Declares that the Legislature intends that rules and regulations governing student conduct be published, at a minimum, on the Internet Web site of each public postsecondary educational campus and as part of any printed material covering those rules and regulations within the respective public postsecondary education system.
9. Defines "campus climate" to mean a measure of an individual's experience within a learning environment, specifically on the current attitudes, practices, policies, and behaviors of campus life that impact the success and retention of all members of a campus community.
10. Specifies that if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made, as specified.

EXISTING LAW:

1. Declares it a goal of public higher education that educational equity be achieved through educational environments in which each person, regardless of race, gender, gender identity, gender expression, sexual orientation, age, disability or economic circumstances has a reasonable chance to fully develop his or her potential (Education Code (EC) Section 66010.2).
2. Provides that it is the policy of the State of California to afford all persons, regardless of disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other basis that is contained in the prohibition of hate crimes set forth in Penal Code Section 422.6(a), equal rights and opportunities in the postsecondary institutions of the state (Education Code (EC) Section 66251).
3. Provides that all students have the right to participate fully in the educational process, free from discrimination and harassment and that California's postsecondary educational institutions have an affirmative obligation to combat racism, sexism, and other forms of bias, and a responsibility to provide equal educational opportunity; and declares the Legislature's intent that each postsecondary educational institution undertake educational activities to counter discriminatory incidents on school grounds and, within constitutional bounds, to minimize and eliminate a hostile environment on school grounds that impairs the access of students to equal educational opportunities (EC Section 66252).
4. Requests the UC Regents, CSU Trustees, and the governing board of each community college district to adopt and publish policies on harassment, intimidation, and bullying to be included within the rules and regulations governing student behavior within their respective segments of public postsecondary education (EC Section 66302).
5. The Clery Act requires colleges and universities, as a condition of federal student aid program participation, to publish annual campus security reports, maintain crime logs, provide timely warnings of crimes that present a public safety risk, and maintain ongoing crime statistics.
6. The VAWA Reauthorization of 2013 recognizes native tribes' inherent power to exercise "special domestic violence criminal jurisdiction" over certain defendants, regardless of their Indian or non-Indian status, who commit acts of domestic violence or dating violence or violate certain protection orders in Indian country.

FISCAL EFFECT: According to the Assembly Appropriations Committee, reporting costs for the UC, CSU, and the CCC should be absorbable.

COMMENTS: Background. Out of concern regarding recent campus climate issues at various campuses of higher education, in the past few years there have been several oversight hearings convened by this Committee to look at campus climate issues. Additionally, in the 2013-14 Legislative Session, the Speaker of the Assembly created the Assembly Select Committee on Campus Climate; which convened several hearings in 2014 and 2015, with the goal of continuing to strengthen overall campus climate for our postsecondary institutions of higher learning. The Select Committee issued a report in October of 2014. Additionally, released in July of 2015, Report 2015-032 by the State Auditor recommended that the Legislature should require the DOJ to provide guidance regarding compliance with the requirements of the Clery Act and the VAWA Reauthorization of 2013.

This measure is the result of recommendations from the two aforementioned reports.

Public postsecondary institutions of higher learning response to campus climate. The UC seeks to create and nurture an atmosphere of respect and inclusion for all; in March 2014 the UC (after a two-year systemwide survey), released its campus climate study. The study found many things, including, but not limited to the following: 1) 79% of all respondents were comfortable or very comfortable with the campus climate at UC, while 7% were uncomfortable or very uncomfortable; 2) more than half of all respondents thought that the overall campus climate was very respectful or respectful of various races/ethnicities at UC; and, 3) more work must be done to address issues faced by certain groups – underrepresented minority respondents were less comfortable with the overall climate and workplace climate than were white respondents and other people of color and transgender respondents were less comfortable with the overall climate at their campus than were men and women respondents.

To note: 1) many UC campuses have hired staff focused on campus climate issues; 2) many programs are offered to reduce the impact of unconscious bias in hiring and promotions, and to identify and remove institutional barriers to inclusion an career development; 3) resource and student service centers have been established at many campuses for certain populations (such as undocumented students, veteran students, and LGBT students); 4) anti-hate initiatives exist at many UC campuses that seek to educate students; and, 5) many UC campuses have student-led and cultural activities.

The CSU is committed to maintaining an inclusive community that values diversity and fosters tolerance and mutual respect. It is CSU policy to provide equal opportunity for all persons regardless of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, and veteran status.

The CSU has policies in place to help ensure that their students and faculty are protected; campuses must implement preventative education programs and make available victim resources, including comprehensive victim services. Information regarding these programs must be included in: 1) orientation programs for new students, faculty and staff; 2) training for students who serve as advisors in residence halls; and, 3) training for student athletes and coaches.

Additionally, on a campus by campus basis, the CSU has created an advisory body of non-CSU experts to advise and opine to the CSU how to strengthen and enforce existing polices, as well as advise if there is a need to create more policies that will allow the CSU to maintain its policy of protection for all.

Purpose of this measure. According to the author, "With the lack of involvement, and funding of the California Postsecondary Education Commission, coordination between segments of higher education has diminished." The author contends that each campus handles campus climate in different methods; some campuses have successful programs that other campuses may want to replicate on their respective campus.

The author states, "By requiring a report on recent developments on campus climate, California's higher education institutions would keep key policymakers informed about new and ongoing endeavors and developments in regards to campus climate. This bill would also allow the general public (students, community organizations, staff, and faculty) to have additional information to help navigate and find information as well as resources to succeed in higher education."

Previous and related legislation. AB 1654 (Santiago) of the current legislative session, which is awaiting a vote on the Assembly Floor, would, among others, task the DOJ to provide guidance to colleges on the Clery Act.

AB 340 (Weber) of 2015, which was vetoed by the Governor, was similar in nature to the provisions contained in this measure.

Analysis Prepared by: Jeanice Warden / HIGHER ED. / (916) 319-3960 FN: 0003255

Date of Hearing: April 6, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 1653

Author:(Weber) – As Introduced Ver:January 13, 2016

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

The bill requires the governing boards of the California Community Colleges (CCC), the California State University (CSU), and every private postsecondary institution, and encourages the University of California (UC) Regents, to report on the campus climate at their respective systems and post these report on their respective websites. Specifically, this bill:

1. Defines campus climate as a measure of an individual's experience within the learning environment, specifically focusing on the current attitudes, practices, policies, and behaviors of campus life that impact the success and retention of all members of a campus community.
2. Requires the reports to include: administrative efforts to effect campus climate and to reduce student food insecurity and student homelessness; recent campus program developments impacting campus climate with respect to gender, race, ethnicity, national origin, religion, sexual orientation, disability, and gender identity; student demographic data; and crime data, as specified.
3. Stipulates that the Board of Governors of the CCC shall request, but not require, community colleges to provide the information specified in (2), and that the board's report shall be based on the data made available by the districts.
4. Requires the reports to be submitted once every biennium session of the Legislature, beginning in 2017-18, to the Governor, the Attorney General (AG), and the Legislature, and to be posted on the segments' websites.
5. Requires the AG to provide guidance to the respective governing boards regarding compliance with the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) and the federal Violence Against Women Reauthorization Act (VAWA Reauthorization).
6. Requires the CSU Trustees and community college district governing boards, if spending funds for activities related to campus climate, to adopt and publish policies on harassment , intimidation, and bullying for inclusion in rules governing student behavior, and requests the UC Regents to follow this requirement.

FISCAL EFFECT:

1. The AG could incur GF costs up to almost $1 million annually for up to three attorney positions and two support positions, and related travel costs, for evaluating legal responsibilities and advising higher education institutions on compliance with the federal laws.
2. UC and CSU indicate that they can absorb any cost associated with this bill, as it is generally consistent with their existing efforts in this regard.
3. Costs to the CCC Chancellor's Office would also be minor and absorbable. Costs to community college districts on campus climate activities to adopt and publish the appropriate policies would average about $2,000 per district. These costs would not be state reimbursable.

COMMENTS:

1. Background and Purpose. Out of concern regarding recent campus climate issues at various campuses of higher education, the Assembly Higher Education Committee has convened several oversight hearings to look at campus climate issues. In 2014, the Assembly Select Committee on Campus Climate convened several hearings examining how to strengthen overall campus climate at the state's postsecondary educational institutions of higher learning.

In addition to the above, in a July 2015 report, the State Auditor recommended that the Legislature should require the DOJ to provide guidance regarding compliance with the requirements of the Clery Act and the VAWA Reauthorization. The auditor contemplated that the AG could conduct periodic reviews of a selection of institutions’ crime statistics and annual security reports for federal compliance and provide necessary feedback, establish a help desk for institutions to call when they have compliance questions, compile a comprehensive list converting crimes defined in California’s law to Clery Act reportable crimes, and develop and disseminate training materials and conduct trainings at the institutions’ request.

The author states, "By requiring a report on recent developments on campus climate, the three segments of higher education would keep key policymakers informed about new and ongoing endeavors and developments in regards to campus climate. This bill would also allow the general public (students, community organizations, staff, and faculty) to have additional information to help navigate and find information as well as resources to succeed in higher education."

1. Related Legislation. AB 1654 (Santiago), also on today's committee agenda, requires the DOJ to provide guidance to and develop model protocols for the state's public and private higher education institutions and the systemwide offices of UC, CSU, and the CCC regarding the state's student safety laws.
2. Prior Legislation. AB 340 (Weber) of 2015, which was substantially similar to this bill, was vetoed by the Governor, who argued that the biennial reporting mandate on the higher education segments was unnecessary.

Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081

Date of Hearing: March 15, 2016

ASSEMBLY COMMITTEE ON HIGHER EDUCATION

Jose Medina, Chair

ABPCA Bill Id:AB 1653 (

Author:Weber) – As Introduced Ver:January 13, 2016

SUBJECT: Postsecondary education: campus climate

SUMMARY: Requires the California Community Colleges (CCC) Board of Governors (BOG), the California State University (CSU) Trustees, and the governing body of each private postsecondary educational institution in the state, and encourages the University of California (UC) Regents, to each generate a report, as specified, pertaining to campus climate; and, requires the California Department of Justice (DOJ) to provide guidance to the governing bodies of the specified postsecondary institutions on compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) and the Violence Against Women Act (VAWA) Reauthorization of 2013. Specifically, this bill:

1. Requires the CCC BOG and the CSU Trustees, and the governing body of each private postsecondary educational institution, as defined, and encourages the UC Regents, to generate a report once every biennium of the legislative session, beginning with the 2017-2018 Regular Session.
2. Specifies that the report shall include, all of the following as to the respective segment:
   1. New and recent administrative efforts intended to affect campus climate;
   2. Recent campus program developments that impact campus climate related to the following: i) Gender, ii) Race, iii) Ethnicity, iv) National origin, v) Religion, vi) Sexual orientation, vii) Disability, and viii) Gender identity;
   3. New and recent administrative efforts to reduce student food insecurity and student homelessness; and,
   4. Data, including, but not limited to, both of the following: i) Student demographic data, and ii) Crime data, including, but not limited to, the data required to be kept and disclosed in accordance with the Clery Act (20 U.S.C. Sec. 1092(f)) and the VAWA Reauthorization of 2013 (20 U.S.C. Sec. 1092(f)(8)), and other hate crime statistics.
3. Requires the CCC BOG, the CSU Trustees, and the governing body of each private postsecondary educational institution, as defined, and encourages the UC Regents, to each post the respective segment’s report on its Internet Web site; and, to send said report to the Governor, the Attorney General, and the appropriate policy committees of the Legislature.
4. Specifies that the CCC BOG shall request the information, as specified for the report, from community college districts and that the CCC BOG report shall be based on data made available from participating community college districts.
5. Requires the DOJ to provide guidance to the CCC BOG, the CSU Trustees, the UC Regents, and the governing body of each private postsecondary educational institution, as defined, on compliance with the Clery Act and the VAWA Reauthorization of 2013.
6. Specifies that if the CSU Trustees and the governing board of each community college district expend funds to support activities related to campus climate, as defined, the Trustees and the governing board of each community college district shall adopt and publish policies on harassment, intimidation, and bullying to be included within the rules and regulations governing student behavior within their respective segments of public postsecondary education.
7. Requests the UC Regents to adopt and publish policies on harassment, intimidation, and bullying to be included within their rules and regulations governing student behavior.
8. Declares that the Legislature intends that rules and regulations governing student conduct be published, at a minimum, on the Internet Web site of each public postsecondary educational campus and as part of any printed material covering those rules and regulations within the respective public postsecondary education system.
9. Defines "campus climate" to mean a measure of an individual's experience within a learning environment, specifically on the current attitudes, practices, policies, and behaviors of campus life that impact the success and retention of all members of a campus community.
10. Specifies that if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made, as specified.

EXISTING LAW:

1. Declares it a goal of public higher education that educational equity be achieved through educational environments in which each person, regardless of race, gender, gender identity, gender expression, sexual orientation, age, disability or economic circumstances has a reasonable chance to fully develop his or her potential (Education Code (EC) Section 66010.2).
2. Provides that it is the policy of the State of California to afford all persons, regardless of disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other basis that is contained in the prohibition of hate crimes set forth in Penal Code Section 422.6(a), equal rights and opportunities in the postsecondary institutions of the state (EC Section 66251).
3. Provides that all students have the right to participate fully in the educational process, free from discrimination and harassment and that California's postsecondary educational institutions have an affirmative obligation to combat racism, sexism, and other forms of bias, and a responsibility to provide equal educational opportunity; and declares the Legislature's intent that each postsecondary educational institution undertake educational activities to counter discriminatory incidents on school grounds and, within constitutional bounds, to minimize and eliminate a hostile environment on school grounds that impairs the access of students to equal educational opportunities (EC Section 66252).
4. Requests the UC Regents, CSU Trustees, and the governing board of each community college district to adopt and publish policies on harassment, intimidation, and bullying to be included within the rules and regulations governing student behavior within their respective segments of public postsecondary education (EC Section 66302).
5. The Clery Act requires colleges and universities, as a condition of federal student aid program participation, to publish annual campus security reports, maintain crime logs, provide timely warnings of crimes that present a public safety risk, and maintain ongoing crime statistics.
6. The VAWA Reauthorization of 2013 recognizes native tribes' inherent power to exercise "special domestic violence criminal jurisdiction" over certain defendants, regardless of their Indian or non-Indian status, who commit acts of domestic violence or dating violence or violate certain protection orders in Indian country.

FISCAL EFFECT: Unknown

COMMENTS: Background. Out of concern regarding recent campus climate issues at various campuses of higher education, in the past few years there have been several oversight hearings convened by this Committee to look at campus climate issues. Additionally, in the 2013-14 Legislative Session, the Speaker of the Assembly created the Assembly Select Committee on Campus Climate; which convened several hearings in 2014 and 2015, with the goal of continuing to strengthen overall campus climate for our postsecondary institutions of higher learning. The Select Committee issued a report in October of 2014. Additionally, released in July of 2015, Report 2015-032 by the State Auditor recommended that the Legislature should require the DOJ to provide guidance regarding compliance with the requirements of the Clery Act and the VAWA Reauthorization of 2013.

This measure is the result of recommendations from the two aforementioned reports.

Public postsecondary institutions of higher learning response to campus climate. The UC seeks to create and nurture an atmosphere of respect and inclusion for all; in March 2014 the UC (after a two-year systemwide survey), released its campus climate study. The study found many things, including, but not limited to the following: 1) 79% of all respondents were comfortable or very comfortable with the campus climate at UC, while 7% were uncomfortable or very uncomfortable; 2) more than half of all respondents thought that the overall campus climate was very respectful or respectful of various races/ethnicities at UC; and, 3) more work must be done to address issues faced by certain groups – underrepresented minority respondents were less comfortable with the overall climate and workplace climate than were white respondents and other people of color and transgender respondents were less comfortable with the overall climate at their campus than were men and women respondents.

To note: 1) many UC campuses have hired staff focused on campus climate issues; 2) many programs are offered to reduce the impact of unconscious bias in hiring and promotions, and to identify and remove institutional barriers to inclusion an career development; 3) resource and student service centers have been established at many campuses for certain populations (such as undocumented students, veteran students, and LGBT students); 4) anti-hate initiatives exist at many UC campuses that seek to educate students; and, 5) many UC campuses have student-led and cultural activities.

The CSU is committed to maintaining an inclusive community that values diversity and fosters tolerance and mutual respect. It is CSU policy to provide equal opportunity for all persons regardless of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, and veteran status.

The CSU has policies in place to help ensure that their students and faculty are protected; campuses must implement preventative education programs and make available victim resources, including comprehensive victim services. Information regarding these programs must be included in: 1) orientation programs for new students, faculty and staff; 2) training for students who serve as advisors in residence halls; and, 3) training for student athletes and coaches.

Additionally, on a campus by campus basis, the CSU has created an advisory body of non-CSU experts to advise and opine to the CSU how to strengthen and enforce existing polices, as well as advise if there is a need to create more policies that will allow the CSU to maintain its policy of protection for all.

Purpose of this measure. According to the author, "With the lack of involvement, and funding of the California Postsecondary Education Commission, coordination between segments of higher education has diminished." The author contends that each campus handles campus climate in different methods; some campuses have successful programs that other campuses may want to replicate on their respective campus.

The author states, "By requiring a report on recent developments on campus climate, California's higher education institutions would keep key policymakers informed about new and ongoing endeavors and developments in regards to campus climate. This bill would also allow the general public (students, community organizations, staff, and faculty) to have additional information to help navigate and find information as well as resources to succeed in higher education."

Policy consideration. To note, in recent years, California student safety laws, as outlined in EC Sections 67380 – 67386, have increased various reporting obligations to the postsecondary institutions of higher learning (segments). According to the public segments, neither the Legislature nor any appropriate state agencies have provided the segments any guidance on the meaning of the various terms and reporting mandates, as contained in said code sections.

The continued changes to the state student safety laws pose potential implementation problems for the segments. Committee staff understands that the segments have understanding of the various reporting requirements set forth in the Clery Act, but not necessarily recent changes to the state student safety laws.

Moving forward, instead of mandating DOJ to provide guidance on the Clery Act and the VAWA Reauthorization of 2013 to the segments, the author may wish to instead mandate that the DOJ provide guidance to the segments on the state imposed laws.

Previous and related legislation. AB 1654 (Santiago) of 2016, which passed out of the Assembly Public Safety Committee with a vote of 7 – 0 on March 1, 2016, would, among others, task the DOJ to provide guidance to colleges on the Clery Act.

AB 340 (Weber) of 2015, which was vetoed by the Governor, was similar in nature to the provisions contained in this measure.

REGISTERED SUPPORT / OPPOSITION:

Support

Asian Pacific Islander American Public Affairs Association

Black Parallel School Board of Sacramento

California Federation of Teachers

The Arc and United Cerebral Palsy California Collaboration

Opposition

None on file.

Analysis Prepared by: Jeanice Warden / HIGHER ED. / (916) 319-3960