Existing law requires the governing boards of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions, in order to receive state funds for student financial assistance, to adopt detailed and victim-centered policies and protocols regarding sexual assault, domestic violence, dating violence, and stalking involving a student that comport with best practices and current professional standards, covering specified topics, including a comprehensive, trauma-informed training program for campus officials involved in investigating and adjudicating sexual assault, domestic violence, dating violence, and stalking cases.

This bill would, commencing January 1, 2018, require those institutions, in order to receive state funds for student financial assistance, to conduct annual training of their respective employees, in addition to the training described above, on the employees obligations in responding to and reporting incidents of sexual assault, domestic violence, dating violence, and stalking involving students. The bill would provide that an employee trained pursuant to these provisions is deemed to have satisfied the annual training requirement for each campus or community college district, as applicable, within each segment that the employee is employed at for that year.

Existing law requires the governing boards of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions, in order to receive state funds for student financial assistance, to adopt detailed and victim-centered policies and protocols regarding sexual assault, domestic violence, dating violence, and stalking involving a student that comport with best practices and current professional standards, covering specified topics, including a comprehensive, trauma-informed training program for campus officials involved in investigating and adjudicating sexual assault, domestic violence, dating violence, and stalking cases.

This bill would would, commencing January 1, 2018, require those institutions, in order to receive state funds for student financial assistance, to conduct annual training of their respective employees, in addition to the training described above, on the employees obligations in responding to and reporting incidents of sexual assault, domestic violence, dating violence, and stalking involving students. The bill would provide that an employee trained pursuant to these provisions is deemed to have satisfied the annual training requirement for each campus or community college district, as applicable, within each segment that the employee is employed at for that year.

Existing law requires the governing boards of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions, in order to receive state funds for student financial assistance, to adopt detailed and victim-centered policies and protocols regarding sexual assault, domestic violence, dating violence, and stalking involving a student that comport with best practices and current professional standards, covering specified topics, including a comprehensive, trauma-informed training program for campus officials involved in investigating and adjudicating sexual assault, domestic violence, dating violence, and stalking cases.

This bill would require those institutions, in order to receive state funds for student financial assistance, to conduct annual training of their respective employees, in addition to the training described above, on the employees obligations in responding to and reporting incidents of sexual assault, domestic violence, dating violence, and stalking involving students.

GOVERNOR'S VETO

GV Bill Id:AB 1778

Author:(Quirk)

As Enrolled Ver:August 23, 2016

2/3 vote

SUMMARY: Requires, commencing January 1, 2018, in order to receive state funds for student financial assistance, the governing boards of the community colleges, the California State University (CSU) Trustees, the University of California (UC) Regents, and the governing boards of independent postsecondary institutions to conduct annual training of their employees on the employee's obligations in responding to and reporting incidents of sexual assault, domestic violence, dating violence, and stalking involving students, and provides that this training shall satisfy the annual training requirement for the employee.

FISCAL EFFECT: According to the Assembly Appropriations Committee:

1. No additional costs to CSU and UC, as their existing training practices appear to be consistent with the requirements in this bill.
2. This bill conditions receipt of state funds for student financial aid on community college districts providing the required training. If a community college district submits a claim for reimbursement, the Commission on State Mandates could determine activities related the training requirement to be a reimbursable based on practical compulsion – that there is no reasonable alternative but to comply with bill's requirement or that failure to comply with this activity will result in certain and severe penalties.

Though several districts already provide the required training, the bill's mandate means that the state could be liable to reimburse all districts for training costs at each of their campuses. Assuming costs averaging $2,000 per campus, ongoing statewide costs for the 113 campuses would be $226,000 (General Fund-Prop 98).

1. The California Student Aid Commission may require additional auditing resources to verify compliance with the training requirement as a condition on colleges' participation in the Cal Grant and other financial aid programs.

COMMENTS: Purpose of this bill. According to the author, "When students experience sexual violence they are likely to report the incident to a trusted coach or resident advisor at their campus, unaware that this person may not be adequately trained to appropriately report and support the victim. The unfortunate truth is that although certain staff is trained to respond to and report student incidents of sexual violence to the appropriate officials, not all college campuses suitably train every staff member who will interact with a student to do this. The lack of all-inclusive, annual training may lead to mismanagement of these incident reports, or worse, may inadvertently discourage students from reporting these incidents."

Background. In June 2014, the California State Auditor's 2013-124 report, entitled, Sexual Harassment and Sexual Violence: California Universities Must Better Protect Students by Doing More to Prevent, Respond to, and Resolve Incidents, concluded that California's educational institutions were not properly educating students and training faculty and staff sufficiently on response and reporting of incidents on campus as mandated by Title IX and the Clery Act. The auditor made a series of recommendations to include the expansion of staff training, the improvement of access and content for student education, the enhancement of communication with students, and the evaluation of summary data collected in order to better identify trends and inform strategies to address incidents on campus.

California's postsecondary education institutions report that they have taken steps to address the concerns raised in the audit reports and to respond to statutory changes and regulatory guidance by improving processes and outcomes on their campuses. Both the UC and CSU have updated their sexual harassment and assault policies, initiated mandatory prevention and response trainings for all students and employees, and established confidential victim advocate offices on every campus. The CSU and UC have appointed systemwide officers charged with ensuring Title IX compliance.

UC policy appears consistent with this bill. The UC Policy on Sexual Violence and Sexual Harassment issued on January 1, 2016, requires, among other provisions, for each campus to conduct "mandatory annual training and education, about Prohibited Conduct and how conduct can be reported, to all students, faculty, and other academic appointees, and staff in accordance with applicable State and federal law, and University policies."

CSU policy appears consistent with this bill. CSU Executive Order 1096, revised June 23, 2015, requires, among other provisions, mandatory annual training for all employees that includes the rights and responsibilities of each employee relating to the CSU policy and the employee's duty to report.

CCC and independent college policies may differ among campuses. Committee staff was unable to verify whether this bill is consistent with existing community college or independent university policies. The CCC Chancellor's Office convened a Task Force on sexual assault in the spring of 2014, and in May of 2015 the Task Force reported to the Board of Governors (BOG) regarding the findings of a survey of CCC policies and practices. According to the information presented at the CCC BOG meeting, of 46 responses from colleges and districts, 56% reported that they provide ongoing sexual assault prevention and awareness programs for employees.

GOVERNOR'S VETO MESSAGE:

In 2014, I signed Senate Bill 967, making California the first state in the country to define the terms of sexual consent for college students. The bill also required all public and independent postsecondary institutions to adopt "detailed and victim-centered policies and protocols for sexual assault, domestic violence, dating violence and stalking."

AB 1778 attempts to build on this law by requiring public and independent postsecondary institutions to conduct annual training for all employees on their obligations relative to student reports of sexual assault, domestic violence, dating violence and stalking.

College campuses are already required to have clear policies and procedures to deal with these reports. The state, in this case, should not have to additionally mandate an annual training schedule for all college employees.

Analysis Prepared by: Laura Metune / HIGHER ED. / (916) 319-3960 FN: 0005137

 THIRD READING  

Bill No: AB 1778

Author:

:

Vote:

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

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

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/11/16

AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

ASSEMBLY FLOOR: 75-0, 6/2/16 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST: This bill requires the governing board of each community college district (CCD), the Trustees of the California State University (CSU), the Regents of the University of California (UC), and the governing board of independent postsecondary institutions to conduct annual training of their employees on their obligations in responding to and reporting incidents of sexual assault, domestic violence, dating violence, and stalking involving students.

ANALYSIS:

Existing law:

1. Requires the governing board of each CCD, the Trustees of the CSU, the Board of Directors of the Hastings College of the Law, and the Regents of the UC to each adopt, and implement at each campus or other facilities, a written procedure or protocols to ensure, to the fullest extent possible, that students, faculty and staff who are victims of sexual assault committed on grounds maintained by the institution or affiliated student organizations, receive treatment and information. The written procedures or protocols must contain specified information, including the college policy regarding sexual assault on campus and personnel on campus who should be notified, and procedures for notification, with the consent of the victim.
2. Provides that each victim of sexual assault should receive information about the existence of at least the following options: criminal prosecutions, civil prosecutions, the disciplinary process through the college, the availability of mediation, alternative housing assignments, and academic assistance alternatives. (Education Code § 67385)
3. Requires the governing board of each CCD, the Trustees of the CSU, the Regents of the UC, and the governing boards of independent postsecondary institutions, as specified, to adopt a policy concerning campus sexual violence, domestic violence, dating violence, and stalking that includes specified components and standards in order to receive state funds for student financial assistance. (EC § 67386)
4. Requires the governing board of each CCD and the Trustees of the CSU, and requests the Regents of the UC, in collaboration with campus- and community-based victim advocacy organizations, to provide as part of campus orientations, educational and preventive information about sexual violence.
5. Requires each campus of the California Community Colleges (CCCs) and the CSU, and requests each campus of the UC, to post sexual violence prevention and education information on its campus Web site. The information must include specific components including how to file a complaint, and the availability and contact information for resources for victims.
6. Requires each campus of the CCCs and the CSU, and requests each campus of the UC, to develop policies to encourage students to report any campus crimes involving sexual violence. (EC § 67385.7)

This bill requires, commencing January 1, 2018, in order to receive state funds for student financial assistance, the governing boards of the community colleges, the CSU Trustees, the UC Regents, and the governing boards of independent postsecondary institutions to conduct annual training of their employees on the employee's obligations in responding to and reporting incidents of sexual assault, domestic violence, dating violence, and stalking involving students, and provides that this training shall satisfy the annual training requirement for the employee.

Comments

Need for the bill. According to the author’s office, "when students experience sexual violence they are likely to report the incident to a trusted coach or resident advisor at their campus, unaware that this person may not be adequately trained to appropriately report and support the victim. The unfortunate truth is that although certain staff is trained to respond to and report student incidents of sexual violence to the appropriate officials, not all college campuses suitably train every staff member who will interact with a student to do this. The lack of all-inclusive, annual training may lead to mismanagement of these incident reports, or worse, may inadvertently discourage students from reporting these incidents."

California State Auditor report. The State Auditor released a report in June 2014, Sexual Harassment and Sexual Violence: California Universities Must Better Protect Students by Doing More to Prevent, Respond to, and Resolve Incidents, related to the handling of sexual harassment and sexual violence incidents at the state’s public postsecondary institutions. As part of this audit, the State Auditor reviewed UC Berkeley and UCLA’s sexual assault policies and procedures and concluded that California's educational institutions were not properly educating students and training faculty and staff sufficiently on response and reporting of incidents on campus as mandated by Title IX and the Clery Act. The State Auditor made a series of recommendations to include the expansion of staff training, the improvement of access and content for student education, the enhancement of communication with students, and the evaluation of summary data collected in order to better identify trends and inform strategies to address incidents on campus.

Campus policies consistent with this bill. California's postsecondary education institutions have taken steps to address the concerns raised in the audit reports and to respond to statutory changes and regulatory guidance by improving processes and outcomes on their campuses. Both the UC and CSU have updated their sexual harassment and assault policies, initiated mandatory prevention and response trainings for all students and employees, and established confidential victim advocate offices on every campus. The CSU and UC have appointed system wide officers charged with ensuring Title IX compliance.

The UC Policy on Sexual Violence and Sexual Harassment issued on January 1, 2016, requires, among other provisions, for each campus to conduct "mandatory annual training and education, about prohibited conduct and how conduct can be reported, to all students, faculty, and other academic appointees, and staff in accordance with applicable state and federal law, and University policies." Previously, the UC updated its policies relative to sexual harassment and violence effective February 25, 2014. These policies included a process for reporting incidents, identification of on- and off-campus resources for victims, and providing prompt and effective response to reports of incidents.

CSU Executive Order 1096, revised June 23, 2015, requires, among other provisions, mandatory annual training for all employees that includes the rights and responsibilities of each employee relating to the CSU policy and the employee's duty to report. Prior to that, the CSU updated its policies to reflect the changes to the federal Campus Sexual Violence Elimination Act and related guidance from the U.S. Department of Education, Office for Civil Rights.

Federal law. Federal statutes addressing sexual assault on or around institutions of higher education include Title IX and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act).

The Clery Act requires public and private postsecondary educational institutions that receive federal financial aid to disclose information about crimes on and around campuses as well as establish certain rights for victims of sexual assault. Those rights include notification to victims of the right to file criminal charges, available counseling services, the results of disciplinary proceedings, and the option for victims to change their academic schedule or living arrangements.

The federal Campus Sexual Violence Elimination Act amended the Clery Act to, among other things, require postsecondary institutions to offer prevention and awareness programs to new students and employees regarding rape, domestic and dating violence, sexual assault, and stalking. Programs must include a definition of those offenses and consent with reference to sexual offenses. Institutions are also required to compile statistics of incidents of sexual assault, domestic violence, dating violence and stalking. This Act also requires the Annual Security Report to contain additional information such as prevention programs, procedures once incidents are reported, and possible sanctions following an institutional disciplinary procedure.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee:

• Costs to the CCDs are unknown as they would vary depending upon current policies, whether training is in place that complies with the requirements of this bill, or if not, how each district would deliver the required training. The CCC Chancellor’s Office indicates costs could range from $4,000 to $40,000 per district depending upon how the training is delivered. Therefore statewide costs could range from low hundreds of thousands to low millions to train its staff of roughly 89,000. Costs may be reduced somewhat to the extent a significant number of staff are employed at multiple districts and receive training from one campus only. Whether these costs would be required to be reimbursed by the state would be determined by the Commission on State Mandates. Otherwise, these costs would present a cost pressure to the state as community colleges would be required to comply with these requirements in which case less discretionary state funds would be available to meet the existing needs of the colleges. (Proposition 98)
• The UC and CSU indicate no additional costs to implement this bill as their current policies already comply with the requirements of this bill.

SUPPORT: (Verified 8/12/16)

California State Student Association

OPPOSITION: (Verified 8/12/16)

None received

ASSEMBLY FLOOR: 75-0, 6/2/16

AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon

NO VOTE RECORDED: Bigelow, Brough, Eggman, Beth Gaines, Gallagher

Prepared by:

8/15/16 20:26:56

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 1778 (Quirk) - Postsecondary education: sexual assault and sexual violence training

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

Bill Summary:

This bill requires beginning January 1, 2018, as a condition of receiving student financial assistance, postsecondary institutions to conduct annual training of their employees on their obligations in responding to and reporting incidents of sexual assault, domestic violence, dating violence, and stalking involving students.

Fiscal Impact:

• Costs to the California Community Colleges (CCC) districts are unknown as they would vary depending upon current policies, whether training is in place that complies with the requirements of this bill, or if not, how each district would deliver the required training. The CCC Chancellor’s Office indicates costs could range from $4,000 to $40,000 per district depending upon how the training is delivered. Therefore statewide costs could range from low hundreds of thousands to low millions to train its staff of roughly 89,000. Costs may be reduced somewhat to the extent a significant number of staff are employed at multiple districts and receive training from one campus only. Whether these costs would be required to be reimbursed by the state would be determined by the Commission on State Mandates. Otherwise, these costs would present a cost pressure to the state as community colleges would be required to comply with these requirements in which case less discretionary state funds would be available to meet the existing needs of the colleges. (Proposition 98)
• The University of California (UC) and the California State University (CSU) indicate no additional costs to implement this bill as their current policies already comply with the requirements of this bill.

Background:

Existing law requires postsecondary institutions to each adopt, and implement, a written procedure to ensure, to the fullest extent possible, that students, faculty, and staff who are victims of sexual assault committed on grounds maintained by the institution or affiliated student organizations, receive treatment and information. The written procedures must contain specified information, including the college policy regarding sexual assault on campus and personnel on campus who should be notified, and procedures for notification, with the consent of the victim.

Existing law also requires postsecondary institutions to adopt a policy concerning campus sexual violence, domestic violence, dating violence, and stalking that includes specified components and standards in order to receive state funds for student financial assistance. Institutions must also adopt detailed and victim-centered policies on these topics, including among others, a comprehensive, trauma-informed training program for campus officials involved in investigating and adjudicating sexual assault, domestic violence, dating violence, and stalking cases. Institutions must, to the extent feasible, enter into agreements with existing on-campus and community-based organizations to refer students for assistance and implement preventive outreach programs. Existing law also requires each campus of the CCCs and the CSU, and requests each campus of the UC, to develop policies to encourage students to report any campus crimes involving sexual violence.

The federal Clery Act requires postsecondary educational institutions that receive federal financial aid to disclose information about crimes on and around campuses as well as establish certain rights for victims of sexual assault. It also requires postsecondary institutions to offer prevention and awareness programs to new students and employees regarding rape, domestic and dating violence, sexual assault, and stalking.

Proposed Law:

This bill requires beginning January 1, 2018, as a condition of receiving student financial assistance, the governing board of each community college district, the CSU Trustees, the UC Regents, and the governing boards of independent postsecondary institution to conduct annual training of their respective employees on the employee’s obligations in responding to and reporting incidents of sexual assault, domestic violence, dating violence, and stalking involving students.

This bill also specifies that an employee trained must be deemed to have satisfied the annual training requirement for each campus or community college district within each segment that the employee is employed at for that year.

Related 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 is pending in this committee.

AB 2018 (Ridley-Thomas, 2016) requires annual training for each employee and administrator of a community college district who is a mandated reporter regarding the detection and reporting of child abuse. AB 2018 is pending in this committee.

Staff Comments: This bill conditions receipt of state financial aid to segments conducting required annual training. The Commission on State Mandates could determine the training requirement for the CCC to be a state reimbursable mandate based on practical compulsion – that there is no reasonable alternative but to comply. The UC and CSU are ineligible to submit a claim for reimbursement to the Commission on State Mandates.

-- END --

SENATE COMMITTEE ON EDUCATION

Senator Carol Liu, Chair

2015 - 2016 Regular

Bill No: AB 1778

Subject: Postsecondary education: sexual assault and sexual violence training

SUMMARY

This bill requires the governing board of each community college district (CCD), the Trustees of the California State University (CSU), the Regents of the University of California (UC), and the governing board of independent postsecondary institutions to conduct annual training of their employees on their obligations in responding to and reporting incidents of sexual assault, domestic violence, dating violence, and stalking involving students.

BACKGROUND

Existing law:

1. Requires the governing board of each community college district, the Trustees of the CSU, the Board of Directors of the Hastings College of the Law, and the Regents of the UC to each adopt, and implement at each campus or other facilities, a written procedure or protocols to ensure, to the fullest extent possible, that students, faculty and staff who are victims of sexual assault committed on grounds maintained by the institution or affiliated student organizations, receive treatment and information. The written procedures or protocols must contain specified information, including the college policy regarding sexual assault on campus and personnel on campus who should be notified, and procedures for notification, with the consent of the victim.
2. Provides that each victim of sexual assault should receive information about the existence of at least the following options: criminal prosecutions, civil prosecutions, the disciplinary process through the college, the availability of mediation, alternative housing assignments, and academic assistance alternatives. (Education Code § 67385)
3. Requires the governing board of each CCD, the Trustees of the CSU, the Regents of the UC, and the governing boards of independent postsecondary institutions, as specified, to adopt a policy concerning campus sexual violence, domestic violence, dating violence, and stalking that includes specified components and standards in order to receive state funds for student financial assistance. (Education Code § 67386)
4. Requires the governing board of each community college district and the Trustees of the California State University (CSU), and requests the Regents of the University of California (UC), in collaboration with campus- and community-based victim advocacy organizations, to provide as part of campus orientations, educational and preventive information about sexual violence.
5. Requires each campus of the California Community Colleges (CCCs) and the CSU, and requests each campus of the UC, to post sexual violence prevention and education information on its campus Web site. The information must include specific components including how to file a complaint, and the availability and contact information for resources for victims.
6. Requires each campus of the CCCs and the CSU, and requests each campus of the UC, to develop policies to encourage students to report any campus crimes involving sexual violence. (EC § 67385.7)

ANALYSIS

This bill requires, commencing January 1, 2018, in order to receive state funds for student financial assistance, the governing boards of the community colleges, the CSU Trustees, the UC Regents, and the governing boards of independent postsecondary institutions to conduct annual training of their employees on the employee's obligations in responding to and reporting incidents of sexual assault, domestic violence, dating violence, and stalking involving students, and provides that this training shall satisfy the annual training requirement for the employee.

STAFF COMMENTS

1. Need for the bill. According to the author’s office, "when students experience sexual violence they are likely to report the incident to a trusted coach or resident advisor at their campus, unaware that this person may not be adequately trained to appropriately report and support the victim. The unfortunate truth is that although certain staff is trained to respond to and report student incidents of sexual violence to the appropriate officials, not all college campuses suitably train every staff member who will interact with a student to do this. The lack of all-inclusive, annual training may lead to mismanagement of these incident reports, or worse, may inadvertently discourage students from reporting these incidents."
2. California State Auditor report. The State Auditor released a report in June 2014, Sexual Harassment and Sexual Violence: California Universities Must Better Protect Students by Doing More to Prevent, Respond to, and Resolve Incidents, related to the handling of sexual harassment and sexual violence incidents at the state’s public postsecondary institutions. As part of this audit, the State Auditor reviewed UC Berkeley and UCLA’s sexual assault policies and procedures and concluded that California's educational institutions were not properly educating students and training faculty and staff sufficiently on response and reporting of incidents on campus as mandated by Title IX and the Clery Act. The State Auditor made a series of recommendations to include the expansion of staff training, the improvement of access and content for student education, the

enhancement of communication with students, and the evaluation of summary data collected in order to better identify trends and inform strategies to address incidents on campus.

1. Campus policies consistent with this bill. California's postsecondary education institutions have taken steps to address the concerns raised in the audit reports and to respond to statutory changes and regulatory guidance by improving processes and outcomes on their campuses. Both the University of California (UC) and California State University (CSU) have updated their sexual harassment and assault policies, initiated mandatory prevention and response trainings for all students and employees, and established confidential victim advocate offices on every campus. The CSU and UC have appointed system wide officers charged with ensuring Title IX compliance.

The UC Policy on Sexual Violence and Sexual Harassment issued on January 1, 2016, requires, among other provisions, for each campus to conduct "mandatory annual training and education, about prohibited conduct and how conduct can be reported, to all students, faculty, and other academic appointees, and staff in accordance with applicable state and federal law, and University policies." Previously, the UC updated its policies relative to sexual harassment and violence effective February 25, 2014. These policies included a process for reporting incidents, identification of on- and off-campus resources for victims, and providing prompt and effective response to reports of incidents.

CSU Executive Order 1096, revised June 23, 2015, requires, among other provisions, mandatory annual training for all employees that includes the rights and responsibilities of each employee relating to the CSU policy and the employee's duty to report. Prior to that, the CSU updated its policies to reflect the changes to the federal Campus Sexual Violence Elimination Act and related guidance from the U.S. Department of Education, Office for Civil Rights.

1. Federal law. Federal statutes addressing sexual assault on or around institutions of higher education include Title IX and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act).

The Clery Act requires public and private postsecondary educational institutions that receive federal financial aid to disclose information about crimes on and around campuses as well as establish certain rights for victims of sexual assault. Those rights include notification to victims of the right to file criminal charges, available counseling services, the results of disciplinary proceedings, and the option for victims to change their academic schedule or living arrangements.

The federal Campus Sexual Violence Elimination Act amended the Clery Act to, among other things, require postsecondary institutions to offer prevention and awareness programs to new students and employees regarding rape, domestic and dating violence, sexual assault, and stalking. Programs must include a definition of those offenses and consent with reference to sexual offenses. Institutions are also required to compile statistics of incidents of sexual assault, domestic violence, dating violence and stalking. This Act also requires the Annual Security Report to contain additional information such as prevention programs, procedures once incidents are reported, and possible sanctions following an institutional disciplinary procedure.

1. Fiscal impact. According to the Assembly Appropriations Committee on the previous version of the bill, there would be no additional costs to the California State University (CSU) and University of California (UC), as their existing training practices appear to be consistent with the requirements in this bill. Additionally, this bill conditions receipt of state funds for student financial aid on community college districts providing the required training. If a community college district submits a claim for reimbursement, the Commission on State Mandates could determine activities related the training requirement to be a reimbursable based on practical compulsion – that there is no reasonable alternative but to comply with bill's requirement or that failure to comply with this activity will result in certain and severe penalties. Though several districts already provide the required training, the bill's mandate means that the state could be liable to reimburse all districts for training costs at each of their campuses. Assuming costs averaging $2,000 per campus, ongoing statewide costs for the 113 campuses would be $226,000 (General Fund-Prop 98). The California Student Aid Commission may require additional auditing resources to verify compliance with the training requirement as a condition on colleges' participation in the Cal Grant and other financial aid programs.
2. Related 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 passed this committee on June 15, 2016 and is now pending in the Senate Appropriations Committee.

SB 967 (De Leon, Chapter 748, Statutes of 2014) requires the governing board of each community college district, the Trustees of the CSU, the Regents of the UC, and the governing boards of independent postsecondary institutions, as specified, to adopt a policy concerning campus sexual violence, domestic violence, dating violence, and stalking that includes specified components and standards in order to receive state funds for student financial assistance.

AB 1433 (Gatto, Chapter 798, Statutes of 2014) requires governing boards of each public and private postsecondary educational institution to adopt and implement policies and procedures governing the reporting of specified crimes to law enforcement agencies.

SUPPORT

California State Student Association

OPPOSITION

None received.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:

Author:(Quirk)

As Introduced Ver:May 31, 2016

Majority vote

SUMMARY: Requires, commencing January 1, 2018, in order to receive state funds for student financial assistance, the governing boards of the community colleges, the California State University (CSU) Trustees, the University of California (UC) Regents, and the governing boards of independent postsecondary institutions to conduct annual training of their employees on the employee's obligations in responding to and reporting incidents of sexual assault, domestic violence, dating violence, and stalking involving students, and provides that this training shall satisfy the annual training requirement for the employee.

FISCAL EFFECT: According to the Assembly Appropriations Committee:

1. No additional costs to CSU and UC, as their existing training practices appear to be consistent with the requirements in this bill.
2. This bill conditions receipt of state funds for student financial aid on community college districts providing the required training. If a community college district submits a claim for reimbursement, the Commission on State Mandates could determine activities related the training requirement to be a reimbursable based on practical compulsion – that there is no reasonable alternative but to comply with bill's requirement or that failure to comply with this activity will result in certain and severe penalties.

Though several districts already provide the required training, the bill's mandate means that the state could be liable to reimburse all districts for training costs at each of their campuses. Assuming costs averaging $2,000 per campus, ongoing statewide costs for the 113 campuses would be $226,000 (General Fund-Prop 98).

1. The California Student Aid Commission may require additional auditing resources to verify compliance with the training requirement as a condition on colleges' participation in the Cal Grant and other financial aid programs.

COMMENTS: Purpose of this bill. According to the author, "When students experience sexual violence they are likely to report the incident to a trusted coach or resident advisor at their campus, unaware that this person may not be adequately trained to appropriately report and support the victim. The unfortunate truth is that although certain staff is trained to respond to and report student incidents of sexual violence to the appropriate officials, not all college campuses suitably train every staff member who will interact with a student to do this. The lack of all-inclusive, annual training may lead to mismanagement of these incident reports, or worse, may inadvertently discourage students from reporting these incidents."

Background. In June 2014, the California State Auditor's 2013-124 report, entitled, Sexual Harassment and Sexual Violence: California Universities Must Better Protect Students by Doing More to Prevent, Respond to, and Resolve Incidents, concluded that California's educational institutions were not properly educating students and training faculty and staff sufficiently on response and reporting of incidents on campus as mandated by Title IX and the Clery Act. The auditor made a series of recommendations to include the expansion of staff training, the improvement of access and content for student education, the enhancement of communication with students, and the evaluation of summary data collected in order to better identify trends and inform strategies to address incidents on campus.

California's postsecondary education institutions report that they have taken steps to address the concerns raised in the audit reports and to respond to statutory changes and regulatory guidance by improving processes and outcomes on their campuses. Both the UC and CSU have updated their sexual harassment and assault policies, initiated mandatory prevention and response trainings for all students and employees, and established confidential victim advocate offices on every campus. The CSU and UC have appointed systemwide officers charged with ensuring Title IX compliance.

UC policy appears consistent with this bill. The UC Policy on Sexual Violence and Sexual Harassment issued on January 1, 2016, requires, among other provisions, for each campus to conduct "mandatory annual training and education, about Prohibited Conduct and how conduct can be reported, to all students, faculty, and other academic appointees, and staff in accordance with applicable State and federal law, and University policies."

CSU policy appears consistent with this bill. CSU Executive Order 1096, revised June 23, 2015, requires, among other provisions, mandatory annual training for all employees that includes the rights and responsibilities of each employee relating to the CSU policy and the employee's duty to report.

CCC and independent college policies may differ among campuses. Committee staff was unable to verify whether this bill is consistent with existing community college or independent university policies. The CCC Chancellor's Office convened a Task Force on sexual assault in the spring of 2014, and in May of 2015 the Task Force reported to the Board of Governors (BOG) regarding the findings of a survey of CCC policies and practices. According to the information presented at the CCC BOG meeting, of 46 responses from colleges and districts, 56% reported that they provide ongoing sexual assault prevention and awareness programs for employees.

Analysis Prepared by: Laura Metune / HIGHER ED. / (916) 319-3960 FN: 0003135

Date of Hearing: April 6, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 1778

Author:(Quirk) – As Introduced Ver:February 3, 2016

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

SUMMARY:

This requires the governing boards of the community colleges, the California State University (CSU) Trustees, the University of California (UC) Regents, and the governing boards of independent postsecondary institutions, in order to receive state funds for student financial assistance, to conduct annual training of their employees on the employees' obligations in responding to and reporting incidents of sexual assault, domestic violence, dating violence, and stalking involving students.

FISCAL EFFECT:

1. No additional costs to CSU and UC, as their existing training practices appear to be consistent with the requirements in this bill.
2. This bill conditions receipt of state funds for student financial aid on community college districts providing the required training. If a community college district submits a claim for reimbursement, the Commission on State Mandates could determine activities related the training requirement to be a reimbursable based on practical compulsion – that there is no reasonable alternative but to comply with bill's requirement or that failure to comply with this activity will result in certain and severe penalties.

Though several districts already provide the required training, the bill's mandate means that the state could be liable to reimburse all districts for training costs at each of their campuses. Assuming costs averaging $2,000 per campus, ongoing statewide costs for the 113 campuses would be $226,000 (GF-Prop 98).

1. The California Student Aid Commission may require additional auditing resources to verify compliance with the training requirement as a condition on colleges' participation in the Cal Grant and other financial aid programs.

COMMENTS:

1. Purpose. SB 967 (De Leon), Chapter 748, Statutes of 2014, in part required the higher education segments to provide training for campus officials involved in investigating and adjudicating sexual assault, domestic violence, dating violence, and stalking cases. According to the author, "when students experience sexual violence they are likely to report the incident to a trusted coach or resident advisor at their campus, unaware that this person may not be adequately trained to appropriately report and support the victim. The unfortunate truth is that although certain staff is trained to respond to and report student incidents of sexual violence to the appropriate officials, not all college campuses suitably train every staff member who will interact with a student to do this. The lack of all-inclusive, annual training may lead to mismanagement of these incident reports, or worse, may inadvertently discourage students from reporting these incidents."
2. Support, if Amended. The California Federation of Teachers requests amendments to: a) clarify that employees will be compensated for their time in the mandated training; and b) specify that training completed at one campus or district is transferable to another campus or district.

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 1778 (

Author:Quirk) – As Introduced Ver:February 3, 2016

SUBJECT: Postsecondary education: sexual assault and sexual violence training

SUMMARY: Requires, in order to receive state funds for student financial assistance, the governing boards of the community colleges, the California State University (CSU) Trustees, the University of California (UC) Regents, and the governing boards of independent postsecondary institutions to conduct annual training of their employees on the employee's obligations in responding to and reporting incidents of sexual assault, domestic violence, dating violence, and stalking involving students.

EXISTING LAW:

1. Requires the governing board of public, private, and independent postsecondary educational institution that receives public funds for student financial assistance to compile records of crimes on campus, make crime records available upon request, and to disclose a reported Part 1 violent crime, sexual assault, or hate crime, to the local law enforcement agency where the campus is located. (Education Code Section 67380, 67383)
2. Requires, under the Kristen Smart Campus Safety Act, UC Regents, CSU Trustees, CCD governing boards, and independent colleges that meet specified conditions to enter into specific written agreements with local law enforcement agencies regarding the coordination and responsibilities for investigating Part 1 violent crimes which occur on campus. (EDC Section 67381)
3. Requires public postsecondary educational institutions to each adopt, and implement at each campus or other facilities, a written procedure or protocols to ensure, to the fullest extent possible, that students, faculty and staff who are victims of sexual assault committed on grounds maintained by the institution or affiliated student organizations, receive treatment and information. The written procedures or protocols must contain specified information. (EDC Section 67385.)
4. Requires public postsecondary educational institutions, and requests UC, in collaboration with campus- and community-based victim advocacy organizations, to provide as part of campus orientations, educational and preventive information about sexual violence and to develop policies to encourage students to report any campus crimes involving sexual violence. (EDC Section 67385.7.)
5. Requires public and independent postsecondary institutions, as a condition of receipt of student aid funds, to adopt a policy concerning campus sexual violence, domestic violence, dating violence, and stalking that includes specified components and standards, including an "affirmative consent" standard for determining whether consent was given by both parties to sexual activity. Establishes a preponderance of evidence as the evidentiary standard for determining if sexual violence/harassment occurred. (EDC Section 67386)
6. Requires, under the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act), public and private postsecondary educational institutions that participate in the federal financial aid program to disclose information about crimes on and around campuses. (20 U.S.C. section 1092(f))
7. Requires, under federal Title IX (20 U.S.C. sections 1681-1688), public and private postsecondary educational institutions that participate in the federal financial aid program to establish certain rights for victims of sexual assault, including:
   1. Institutions are responsible for immediately and effectively responding to any sexual harassment or violence that creates a hostile environment. The institution must eliminate the harassment or violence, prevent its recurrence, and address its effects. Regardless of whether a student chooses to file a complaint with the institution, the institution is responsible for investigating and taking appropriate steps to resolve the situation. A criminal investigation does not relieve the school of its duty under Title IX.
   2. Institutions must have and distribute policies against sex discrimination; the policy must state that inquiries concerning Title IX may be referred to the institution's Title IX coordinator or to the Office of Civil Rights (OCR).
   3. Institutions must have a designated Title IX coordinator and notify students and employees of the name and contact information for the Title IX coordinator. The coordinator is responsible for overseeing all complaints of sex discrimination, which include harassment and assault, and identifying and addressing patterns or systemic problems.
   4. Institutions are required to have and make known the procedures for students to file complaints of sex discrimination, and procedures must provide for prompt and equitable resolution of sex discrimination complaints. All complainants must have the right to present his or her case, including the right to a full investigation, to present witnesses and evidence, and to an appeal process (available to both parties).
   5. Establishes a preponderance of the evidence standard (more likely than not) when determining if sexual harassment or violence occurred.
   6. Provides complainants the right to be notified of the outcome of the complaint, including the sanction. Complainants cannot be required to abide by a nondisclosure agreement.
   7. Authorizes grievance procedures to include voluntary informal methods (such as mediation) for resolving some types of sexual harassment complaints. However, mediation is not appropriate in cases involving allegations of sexual assault.

FISCAL EFFECT: Unknown.

COMMENTS: Purpose of this bill. According to the author, "when students experience sexual violence they are likely to report the incident to a trusted coach or resident advisor at their campus, unaware that this person may not be adequately trained to appropriately report and support the victim. The unfortunate truth is that although certain staff is trained to respond to and report student incidents of sexual violence to the appropriate officials, not all college campuses suitably train every staff member who will interact with a student to do this. The lack of all-inclusive, annual training may lead to mismanagement of these incident reports, or worse, may inadvertently discourage students from reporting these incidents."

Background. In June 2014, the California State Auditor's 2013-124 report, entitled, Sexual Harassment and Sexual Violence: California Universities Must Better Protect Students by Doing More to Prevent, Respond to, and Resolve Incidents, concluded that California’s educational institutions were not properly educating students and training faculty and staff sufficiently on response and reporting of incidents on campus as mandated by Title IX and the Clery Act. The auditor made a series of recommendations to include the expansion of staff training, the improvement of access and content for student education, the enhancement of communication with students, and the evaluation of summary data collected in order to better identify trends and inform strategies to address incidents on campus.

California's postsecondary education institutions report that they have taken steps to address the concerns raised in the audit reports and to respond to statutory changes and regulatory guidance by improving processes and outcomes on their campuses. Both the UC and CSU have updated their sexual harassment and assault policies, initiated mandatory prevention and response trainings for all students and employees, and established confidential victim advocate offices on every campus. The CSU and UC have appointed systemwide officers charged with ensuring Title IX compliance. .

UC policy appears consistent with this bill. The UC Policy on Sexual Violence and Sexual Harassment issued on January 1, 2016, requires, among other provisions, for each campus to conduct "mandatory annual training and education, about Prohibited Conduct and how conduct can be reported, to all students, faculty, and other academic appointees, and staff in accordance with applicable State and federal law, and University policies."

CSU policy appears consistent with this bill. CSU Executive Order 1096, revised June 23, 2015, requires, among other provisions, mandatory annual training for all employees that includes the rights and responsibilities of each employee relating to the CSU policy and the employee's duty to report.

CCC and independent college policies may differ among campuses. Committee staff was unable to verify whether this bill is consistent with existing community college or independent university policies. The CCC Chancellor's Office convened a Task Force on sexual assault in the spring of 2014, and in May of 2015 the Task Force reported to the Board of Governors (BOG) regarding the findings of a survey of CCC policies and practices. According to the information presented at the CCC BOG meeting, of 46 responses from colleges and districts, 56% reported that they provide ongoing sexual assault prevention and awareness programs for employees.

REGISTERED SUPPORT / OPPOSITION:

Support

None on File

Opposition

None on File

Analysis Prepared by: Laura Metune / HIGHER ED. / (916) 319-3960