Existing law, known as the Donahoe Higher Education Act, sets forth, among other things, the missions and functions of Californias public and independent segments of higher education and their respective institutions of higher education. A provision of the act applies to the University of California only to the extent that the Regents of the University of California, by appropriate resolution, act to make the provision applicable.

A portion of the Donahoe Education Act known as the Equity in Higher Education Act requires, among other things, each postsecondary educational institution in the State of California to have a written policy on sexual harassment. Existing law requires the postsecondary educational institutions written policy on sexual harassment to include information on where to obtain the specific rules and procedures for reporting charges of sexual harassment and for pursuing available remedies.

This bill would require a postsecondary educational institution to post its written policy on sexual harassment on its Internet Web site. The bill would require the policy to include information on the complaint process and the timeline for the complaint process. The bill would require the policy to include information on where to obtain the specific rules and procedures for pursuing available remedies and resources, both on and off campus. By requiring community colleges to include additional information in their written policies on sexual harassment and to post the policies on their Internet Web sites, 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, known as the Donahoe Higher Education Act, sets forth, among other things, the missions and functions of Californias public and independent segments of higher education and their respective institutions of higher education. A provision of the act applies to the University of California only to the extent that the Regents of the University of California, by appropriate resolution, act to make the provision applicable.

A portion of the Donahoe Education Act known as the Equity in Higher Education Act requires, among other things, each postsecondary educational institution in the State of California to have a written policy on sexual harassment. Existing law requires the postsecondary educational institutions written policy on sexual harassment to include information on where to obtain the specific rules and procedures for reporting charges of sexual harassment and for pursuing available remedies.

This bill would require a postsecondary educational institution to post its written policy on sexual harassment on its Internet Web site. The bill would require the policy to include information on the complaint process and the timeline for the complaint process. The bill would require the policy to include information on where to obtain the specific rules and procedures for pursuing available remedies and resources, both on and off campus. By requiring community colleges to include additional information in their written policies on sexual harassment and to post the policies on their Internet Web sites, 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, known as the Donahoe Higher Education Act, sets forth, among other things, the missions and functions of Californias public and independent segments of higher education and their respective institutions of higher education. A provision of the act applies to the University of California only to the extent that the Regents of the University of California, by appropriate resolution, act to make the provision applicable.

A portion of the Donahoe Education Act known as the Equity in Higher Education Act requires, among other things, each postsecondary educational institution in the State of California to have a written policy on sexual harassment. Existing law requires the postsecondary educational institutions written policy on sexual harassment to include information on where to obtain the specific rules and procedures for reporting charges of sexual harassment and for pursuing available remedies.

This bill would require a postsecondary educational institution to post its written policy on sexual harassment on its Internet Web site. The bill would require the policy to include information on the complaint process and the timeline for the complaint process. The bill would require the policy to include information on where to obtain the specific rules and procedures for pursuing available remedies and resources, both on and off campus. By requiring community colleges to include additional information in their written policy policies on sexual harassment and to post the policy policies on their Internet Web site, sites, 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, known as the Donahoe Higher Education Act, sets forth, among other things, the missions and functions of Californias public and independent segments of higher education and their respective institutions of higher education. A provision of the act applies to the University of California only to the extent that the Regents of the University of California, by appropriate resolution, act to make the provision applicable.

A portion of the Donahoe Education Act known as the Equity in Higher Education Act requires, among other things, each postsecondary educational institution in the State of California to have a written policy on sexual harassment. Existing law requires the postsecondary educational institutions written policy on sexual harassment to include information on where to obtain the specific rules and procedures for reporting charges of sexual harassment and for pursuing available remedies.

This bill would require a postsecondary educational institution to post its written policy on sexual harassment on its Internet Web site. The bill would require the policy to include specific rules and procedures for pursuing available remedies and resources, both on and off campus. By requiring community colleges to include additional information in their written policy on sexual harassment and to post the policy on their Internet Web site, 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.

 CONSENT  

Bill No: AB 2654

Author:

:

Vote:

SENATE EDUCATION COMMITTEE: 9-0, 6/8/16

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

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 78-0, 5/12/16 (Consent) - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST: This bill expands the information to be included in a postsecondary educational institutions’ written policy on sexual harassment to include information regarding complaint processes and timelines, and on and off-campus resources, and further requires that the written policy be made available on the institution’s Web site.

ANALYSIS:

Existing law:

1. Establishes the Equity in Higher Education Act to prohibit a person from being subjected to discrimination on the basis of disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the statutory definition of hate crimes, in any program or activity conducted by an educational institution that receives, or benefits from, state financial assistance or enrolls pupils who receive state student financial aid. (Education Code § 66270)
2. Establishes state policy that all persons, regardless of their sex should enjoy freedom from discrimination of any kind in the postsecondary educational institution of the state and requires each such institution to have a written policy on sexual harassment, to display the policy in a prominent location, as specified, to provide the policy to students and faculty, as specified, and to require that the policy appear in any publication of the institution setting forth the rules, regulations, procedures and standards of conduct for the institution. (Education Code § 66281.5)

This bill:

1) Expands the notice requirements relative to written policies on sexual harassment required of postsecondary educational institutions in California. It requires that the written policy:

a) Include information on the complaint process.

b) Include information on the timeline for the complaint process.

c) Include information on resources both on and off campus.

d) Be available on the institution’s Internet Web site.

2) Identifies potential mandated costs, likely associated with the application of the bill’s provisions to the California Community Colleges.

Comments

1) Need for the bill. According to the author, it is important that students and faculty have easy access to each higher education institution’s policy. A simple posting of such policies online can markedly improve access. This bill also recognizes that students should be made aware of community resources and organizations which assist with issues of sexual harassment. This is especially important in the event that a student does not feel comfortable pursuing campus established remedies or finds those avenues ineffective. According to the author, in light of recent incidences of sexual misconduct at the University of California (UC), it is important that both students and employees are aware of campus harassment policies and resources.

2) Related state audit. In June 2014, the Bureau of State Audits (BSA) issued a report, Sexual Harassment and Sexual Violence: California Universities Must Better Protect Students by Doing More to Prevent, Respond to, and Resolve Incidents. The BSA examined two UC (UC Berkeley and UCLA) and two California State University (CSU) (CSU Chico and CSU San Diego) campuses and found that while staff in key roles receive adequate training on this topic, other employees who may be the first point of contact do not. In addition, none of the universities provided its sexual harassment policy to all employees at the start of each year nor is the policy posted where large numbers of students can see them. The report included recommendations that the universities post their policies in additional prominent locations frequented by students and properly distribute and post their policy on sexual harassment.

This bill specifically requires posting of the sexual harassment policy on the institution’s Web site and the provision of information on related complaint processes, timelines and on and off-campus resources.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 6/27/16)

UAW Local 5810

OPPOSITION: (Verified 6/27/16)

None received

ASSEMBLY FLOOR: 78-0, 5/12/16

AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, 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: Burke, Jones-Sawyer

Prepared by:

6/29/16 15:50:50

**** END ****

SENATE COMMITTEE ON EDUCATION

Senator Carol Liu, Chair

2015 - 2016 Regular

Bill No: AB 2654

Subject: Postsecondary education: Equity in Higher Education Act

SUMMARY

This bill expands the information to be included in a postsecondary educational institutions’ written policy on sexual harassment to include information regarding complaint processes and timelines, and on and off-campus resources, and further requires that the written policy be made available on the institution’s website.

BACKGROUND

Existing state law establishes the Equity in Higher Education Act (Act) to prohibit a person from being subjected to discrimination on the basis of disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the statutory definition of hate crimes, in any program or activity conducted by an educational institution that receives, or benefits from, state financial assistance or enrolls pupils who receive state student financial aid. (Education Code § 66270)

Existing law also establishes state policy that all persons, regardless of their sex should enjoy freedom from discrimination of any kind in the postsecondary educational institution of the state and requires each such institution to have a written policy on sexual harassment, to display the policy in a prominent location, as specified, to provide the policy to students and faculty, as specified, and to require that the policy appear in any publication of the institution setting for the rules, regulations, procedures and standards of conduct for the institution. (Education Code § 66281.5)

ANALYSIS

This bill:

1. Expands the notice requirements relative to written policies on sexual harassment required of postsecondary educational institutions in California. It requires that the written policy:
   1. Include information on the complaint process.
   2. Include information on the timeline for the complaint process.
   3. Include information on resources both on and off campus.
   4. Be available on the institution’s Internet website.
2. Identifies potential mandated costs, likely associated with the application of the bill’s provisions to the California Community Colleges.

STAFF COMMENTS

1. Need for the bill. According to the author, it is important that students and faculty have easy access to each higher education institution’s policy. A simple posting of such policies online can markedly improve access. The bill also recognizes that students should be made aware of community resources and organizations which assist with issues of sexual harassment. This is especially important in the event that a student does not feel comfortable pursuing campus established remedies or finds those avenues ineffective. According to the author, in light of recent incidences of sexual misconduct at the University of California, it is important that both students and employees are aware of campus harassment policies and resources.
2. Related state audit. In June 2014, the Bureau of State Audits (BSA) issued a report, Sexual Harassment and Sexual Violence: California Universities Must Better Protect Students by Doing More to Prevent, Respond to, and Resolve Incidents. The BSA examined two University of California (UC) (UC Berkeley and UCLA), and two California State University (CSU) (CSU Chico and CSU San Diego) campuses and found that while staff in key roles receive adequate training on this topic, other employees who may be the first point of contact do not. In addition, none of the universities provided its sexual harassment policy to all employees at the start of each year nor is the policy posted where large numbers of students can see them. The report included recommendations that the universities post their policies in additional prominent locations frequented by students and properly distribute and post their policy on sexual harassment.

This bill would specifically require posting of the sexual harassment policy on the institution’s website and the provision of information on related complaint processes, timelines and on and off-campus resources.

SUPPORT

UAW Local 5810

OPPOSITION

None received.

-- END --

Date of Hearing: May 4, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 2654

Author:(Bonilla) – As Amended Ver:March 28, 2016

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

SUMMARY:

This bill requires each postsecondary educational institution in the State of California to include in its written policy on sexual harassment information on the complaint process and the timeline for the complaint process, and to make the policy available on its website.

FISCAL EFFECT:

Minor absorbable costs to the University of California, the California State University, and the community colleges.

COMMENTS:

Purpose. Under the state's Equity in Higher Education Act, each postsecondary educational institution is required to have a written policy on sexual harassment that includes information on where to obtain specific rules and procedures for reporting charges. According to the author, in light of recent incidences of sexual misconduct at University of California, it is important that both students and employees are aware of campus harassment policies and resources.

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

Date of Hearing: April 19, 2016

ASSEMBLY COMMITTEE ON HIGHER EDUCATION

Jose Medina, Chair

ABPCA Bill Id:AB 2654 (

Author:Bonilla) – As Amended Ver:March 28, 2016

SUBJECT: Postsecondary education: Equity in Higher Education Act

SUMMARY: Requires each postsecondary educational institution in the State of California to include in its written policy on sexual harassment information on the complaint process and the timeline for the complaint process, and make the policy available on its website.

EXISTING LAW:

1. Establishes the Equity in Higher Education Act (Act) and outlines various requirements and policies in order to ensure all persons, regardless of disability, gender, gender identity, gender expression, race or ethnicity, religion, sexual orientation, or any other protected class equal rights and opportunities in the postsecondary educational institutions of California. (Education Code 66250 et seq.)
2. Provides, within the Act, that each postsecondary educational institution shall have a written policy on sexual harassment that includes information on where to obtain specific rules and procedures for reporting charges. Provides that the policy shall be provided to each faculty member, all administrative staff, and all members of support staff at the beginning of the first quarter or semester of the school year, or at the time of new hire. Provides that the policy shall appear in any publication of the institution that sets forth comprehensive rules, regulations, procedures or standards of conduct for the institution. (EC Sec. 66281.5)
3. Provides an exemption to the Act, including the rules governing sexual harassment policies, for educational institutions that are controlled by a religious organization, if the application would not be consistent with the religious tenets of the organization. (EC Sec. 66271)

FISCAL EFFECT: Unknown

COMMENTS: Purpose of this bill. According to the author, in light of recent incidences of sexual misconduct at University of California, it is important that both students and employees are aware of campus harassment policies and resources. The author points to the UC Berkeley example of four highly paid employees who violated the University of California’s sexual misconduct policy. The harassment incidences involved an astronomy professor, the dean of the law school, a vice chancellor, and an assistant coach. AB 2654 updates California law to ensure that the written sexual harassment policy is available on college and university websites. The sexual harassment policy also provides guidance to college campus communities on how they can access on and off campus resources.

According to the author, it is important that students and faculty have easy access to each higher education institution’s policy. A simple posting of such policies on-line can markedly improve access. AB 2654 also recognizes that students should be made aware of community resources and organizations which assist with issues of sexual harassment. This is especially important in the event that a student does not feel comfortable pursuing campus established remedies or finds those avenues ineffective.

Exemption for religious institutions. As noted, under Existing Law, religious institutions are provided an exemption to the requirements of the Act, and therefore also the requirements of this bill. Moving forward, the author and committee may wish to consider whether exemptions to these requirements are necessary and appropriate.

REGISTERED SUPPORT / OPPOSITION:

Support

National Association of Social Workers, California Chapter

Opposition

None on File

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