AB 2070: Postsecondary education: sexual assault and sexual violence prevention training: intimate partner and dating violence.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-07-05
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, among other things, detailed and victim-centered policies and protocols, and outreach programs, 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 provide that the outreach programming required by this provision would include informing students about specified topics relating to intimate partner and dating violence, as specified.
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, among other things, detailed and victim-centered policies and protocols, and outreach programs, 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 provide that the outreach programming required by this provision would include informing students about specified topics relating to domestic intimate partner and dating violence, as specified.
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, among other things, detailed and victim-centered policies and protocols, and outreach programs, 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 provide that the outreach programming required by this provision would include informing students about specified topics relating to domestic and dating violence, as specified.
(a)In order to receive state funds for student financial assistance, the governing board 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 shall adopt a policy concerning sexual assault, domestic violence, dating violence, and stalking, as defined in the federal Higher Education Act of 1965 (20 U.S.C. Sec. 1092(f)), involving a student, both on and off campus. The policy shall include all of the following:
(1)An affirmative consent standard in the determination of whether consent was given by both parties to sexual activity. Affirmative consent means affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that he or she has the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.
(2)A policy that, in the evaluation of complaints in any disciplinary process, it shall not be a valid excuse to alleged lack of affirmative consent that the accused believed that the complainant consented to the sexual activity under either of the following circumstances:
(A)The accuseds belief in affirmative consent arose from the intoxication or recklessness of the accused.
(B)The accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain whether the complainant affirmatively consented.
(3)A policy that the standard used in determining whether the elements of the complaint against the accused have been demonstrated is the preponderance of the evidence.
(4)A policy that, in the evaluation of complaints in the disciplinary process, it shall not be a valid excuse that the accused believed that the complainant affirmatively consented to the sexual activity if the accused knew or reasonably should have known that the complainant was unable to consent to the sexual activity under any of the following circumstances:
(A)The complainant was asleep or unconscious.
(B)The complainant was incapacitated due to the influence of drugs, alcohol, or medication, so that the complainant could not understand the fact, nature, or extent of the sexual activity.
(C)The complainant was unable to communicate due to a mental or physical condition.
(b)In order to receive state funds for student financial assistance, the governing board 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 shall 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. At a minimum, the policies and protocols shall cover all of the following:
(1)A policy statement on how the institution will provide appropriate protections for the privacy of individuals involved, including confidentiality.
(2)Initial response by the institutions personnel to a report of an incident, including requirements specific to assisting the victim, providing information in writing about the importance of preserving evidence, and the identification and location of witnesses.
(3)Response to stranger and nonstranger sexual assault.
(4)The preliminary victim interview, including the development of a victim interview protocol, and a comprehensive followup victim interview, as appropriate.
(5)Contacting and interviewing the accused.
(6)Seeking the identification and location of witnesses.
(7)Providing written notification to the victim about the availability of, and contact information for, on- and off-campus resources and services, and coordination with law enforcement, as appropriate.
(8)Participation of victim advocates and other supporting people.
(9)Investigating allegations that alcohol or drugs were involved in the incident.
(10)Providing that an individual who participates as a complainant or witness in an investigation of sexual assault, domestic violence, dating violence, or stalking will not be subject to disciplinary sanctions for a violation of the institutions student conduct policy at or near the time of the incident, unless the institution determines that the violation was egregious, including, but not limited to, an action that places the health or safety of any other person at risk or involves plagiarism, cheating, or academic dishonesty.
(11)The role of the institutional staff supervision.
(12)A comprehensive, trauma-informed training program for campus officials involved in investigating and adjudicating sexual assault, domestic violence, dating violence, and stalking cases.
(13)Procedures for confidential reporting by victims and third parties.
(c)In order to receive state funds for student financial assistance, the governing board 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 shall, to the extent feasible, enter into memoranda of understanding, agreements, or collaborative partnerships with existing on-campus and community-based organizations, including rape crisis centers, to refer students for assistance or make services available to students, including counseling, health, mental health, victim advocacy, and legal assistance, and including resources for the accused.
(d)In order to receive state funds for student financial assistance, the governing board 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 shall implement comprehensive prevention and outreach programs addressing sexual violence, domestic violence, dating violence, and stalking. A comprehensive prevention program shall include a range of prevention strategies, including, but not limited to, empowerment programming for victim prevention, awareness raising campaigns, primary prevention, bystander intervention, and risk reduction. Outreach programs shall be provided to make students aware of the institutions policy on sexual assault, domestic violence, dating violence, and stalking. At a minimum, an outreach program shall include a process for contacting and informing the student body, campus organizations, athletic programs, and student groups about the institutions overall sexual assault policy, the practical implications of an affirmative consent standard, and the rights and responsibilities of students under the policy.
(e)Outreach programming shall be included as part of every incoming students orientation.
(1)For purposes of this section, outreach programming includes, but is not necessarily limited to, informing students about all of the following:
(A)The warning signs of intimate partner and dating violence.
(B)Campus policies and resources relating to intimate partner and dating violence.
(C)Off-campus resources and centers relating to intimate partner and dating violence.
(D)A focus on prevention and bystander intervention training as it relates to intimate partner and dating violence.
(2)For purposes of this subdivision, informing students about intimate partner and dating violence includes, but is not necessarily limited to, information about violence that occurs between individuals with a current or previous intimate or dating relationship.
(a)In order to receive state funds for student financial assistance, the governing board 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 shall adopt a policy concerning sexual assault, domestic violence, dating violence, and stalking, as defined in the federal Higher Education Act of 1965 (20 U.S.C. Sec. 1092(f)), involving a student, both on and off campus. The policy shall include all of the following:
(1)An affirmative consent standard in the determination of whether consent was given by both parties to sexual activity. Affirmative consent means affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that he or she has the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.
(2)A policy that, in the evaluation of complaints in any disciplinary process, it shall not be a valid excuse to alleged lack of affirmative consent that the accused believed that the complainant consented to the sexual activity under either of the following circumstances:
(A)The accuseds belief in affirmative consent arose from the intoxication or recklessness of the accused.
(B)The accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain whether the complainant affirmatively consented.
(3)A policy that the standard used in determining whether the elements of the complaint against the accused have been demonstrated is the preponderance of the evidence.
(4)A policy that, in the evaluation of complaints in the disciplinary process, it shall not be a valid excuse that the accused believed that the complainant affirmatively consented to the sexual activity if the accused knew or reasonably should have known that the complainant was unable to consent to the sexual activity under any of the following circumstances:
(A)The complainant was asleep or unconscious.
(B)The complainant was incapacitated due to the influence of drugs, alcohol, or medication, so that the complainant could not understand the fact, nature, or extent of the sexual activity.
(C)The complainant was unable to communicate due to a mental or physical condition.
(b)In order to receive state funds for student financial assistance, the governing board 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 shall 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. At a minimum, the policies and protocols shall cover all of the following:
(1)A policy statement on how the institution will provide appropriate protections for the privacy of individuals involved, including confidentiality.
(2)Initial response by the institutions personnel to a report of an incident, including requirements specific to assisting the victim, providing information in writing about the importance of preserving evidence, and the identification and location of witnesses.
(3)Response to stranger and nonstranger sexual assault.
(4)The preliminary victim interview, including the development of a victim interview protocol, and a comprehensive followup victim interview, as appropriate.
(5)Contacting and interviewing the accused.
(6)Seeking the identification and location of witnesses.
(7)Providing written notification to the victim about the availability of, and contact information for, on- and off-campus resources and services, and coordination with law enforcement, as appropriate.
(8)Participation of victim advocates and other supporting people.
(9)Investigating allegations that alcohol or drugs were involved in the incident.
(10)Providing that an individual who participates as a complainant or witness in an investigation of sexual assault, domestic violence, dating violence, or stalking will not be subject to disciplinary sanctions for a violation of the institutions student conduct policy at or near the time of the incident, unless the institution determines that the violation was egregious, including, but not limited to, an action that places the health or safety of any other person at risk or involves plagiarism, cheating, or academic dishonesty.
(11)The role of the institutional staff supervision.
(12)A comprehensive, trauma-informed training program for campus officials involved in investigating and adjudicating sexual assault, domestic violence, dating violence, and stalking cases.
(13)Procedures for confidential reporting by victims and third parties.
(c)In order to receive state funds for student financial assistance, the governing board 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 shall, to the extent feasible, enter into memoranda of understanding, agreements, or collaborative partnerships with existing on-campus and community-based organizations, including rape crisis centers, to refer students for assistance or make services available to students, including counseling, health, mental health, victim advocacy, and legal assistance, and including resources for the accused.
(d)In order to receive state funds for student financial assistance, the governing board 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 shall implement comprehensive prevention and outreach programs addressing sexual violence, domestic violence, dating violence, and stalking. A comprehensive prevention program shall include a range of prevention strategies, including, but not limited to, empowerment programming for victim prevention, awareness raising campaigns, primary prevention, bystander intervention, and risk reduction. Outreach programs shall be provided to make students aware of the institutions policy on sexual assault, domestic violence, dating violence, and stalking. At a minimum, an outreach program shall include a process for contacting and informing the student body, campus organizations, athletic programs, and student groups about the institutions overall sexual assault policy, the practical implications of an affirmative consent standard, and the rights and responsibilities of students under the policy.
(e)Outreach programming shall be included as part of every incoming students orientation.
(1)For purposes of this section, outreach programming includes, but is not necessarily limited to, informing students about all of the following:
(A)The warning signs of domestic intimate partner and dating violence.
(B)Campus policies and resources relating to domestic intimate partner and dating violence.
(C)Off-campus resources and centers relating to domestic intimate partner and dating violence.
(D)A focus on prevention and bystander intervention training as it relates to intimate partner and dating violence.
(2)For purposes of this subdivision, informing students about dating and domestic intimate partner and dating violence includes, but is not necessarily limited to, information about short-term relationships, unofficial relationships, and other relationships within the context of the hook-up subculture. violence that occurs between individuals with a current or previous intimate or dating relationship.
(a)In order to receive state funds for student financial assistance, the governing board 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 shall adopt a policy concerning sexual assault, domestic violence, dating violence, and stalking, as defined in the federal Higher Education Act of 1965 (20 U.S.C. Sec. 1092(f)), involving a student, both on and off campus. The policy shall include all of the following:
(1)An affirmative consent standard in the determination of whether consent was given by both parties to sexual activity. Affirmative consent means affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that he or she has the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.
(2)A policy that, in the evaluation of complaints in any disciplinary process, it shall not be a valid excuse to alleged lack of affirmative consent that the accused believed that the complainant consented to the sexual activity under either of the following circumstances:
(A)The accuseds belief in affirmative consent arose from the intoxication or recklessness of the accused.
(B)The accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain whether the complainant affirmatively consented.
(3)A policy that the standard used in determining whether the elements of the complaint against the accused have been demonstrated is the preponderance of the evidence.
(4)A policy that, in the evaluation of complaints in the disciplinary process, it shall not be a valid excuse that the accused believed that the complainant affirmatively consented to the sexual activity if the accused knew or reasonably should have known that the complainant was unable to consent to the sexual activity under any of the following circumstances:
(A)The complainant was asleep or unconscious.
(B)The complainant was incapacitated due to the influence of drugs, alcohol, or medication, so that the complainant could not understand the fact, nature, or extent of the sexual activity.
(C)The complainant was unable to communicate due to a mental or physical condition.
(b)In order to receive state funds for student financial assistance, the governing board 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 shall 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. At a minimum, the policies and protocols shall cover all of the following:
(1)A policy statement on how the institution will provide appropriate protections for the privacy of individuals involved, including confidentiality.
(2)Initial response by the institutions personnel to a report of an incident, including requirements specific to assisting the victim, providing information in writing about the importance of preserving evidence, and the identification and location of witnesses.
(3)Response to stranger and nonstranger sexual assault.
(4)The preliminary victim interview, including the development of a victim interview protocol, and a comprehensive followup victim interview, as appropriate.
(5)Contacting and interviewing the accused.
(6)Seeking the identification and location of witnesses.
(7)Providing written notification to the victim about the availability of, and contact information for, on- and off-campus resources and services, and coordination with law enforcement, as appropriate.
(8)Participation of victim advocates and other supporting people.
(9)Investigating allegations that alcohol or drugs were involved in the incident.
(10)Providing that an individual who participates as a complainant or witness in an investigation of sexual assault, domestic violence, dating violence, or stalking will not be subject to disciplinary sanctions for a violation of the institutions student conduct policy at or near the time of the incident, unless the institution determines that the violation was egregious, including, but not limited to, an action that places the health or safety of any other person at risk or involves plagiarism, cheating, or academic dishonesty.
(11)The role of the institutional staff supervision.
(12)A comprehensive, trauma-informed training program for campus officials involved in investigating and adjudicating sexual assault, domestic violence, dating violence, and stalking cases.
(13)Procedures for confidential reporting by victims and third parties.
(c)In order to receive state funds for student financial assistance, the governing board 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 shall, to the extent feasible, enter into memoranda of understanding, agreements, or collaborative partnerships with existing on-campus and community-based organizations, including rape crisis centers, to refer students for assistance or make services available to students, including counseling, health, mental health, victim advocacy, and legal assistance, and including resources for the accused.
(d)In order to receive state funds for student financial assistance, the governing board 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 shall implement comprehensive prevention and outreach programs addressing sexual violence, domestic violence, dating violence, and stalking. A comprehensive prevention program shall include a range of prevention strategies, including, but not limited to, empowerment programming for victim prevention, awareness raising campaigns, primary prevention, bystander intervention, and risk reduction. Outreach programs shall be provided to make students aware of the institutions policy on sexual assault, domestic violence, dating violence, and stalking. At a minimum, an outreach program shall include a process for contacting and informing the student body, campus organizations, athletic programs, and student groups about the institutions overall sexual assault policy, the practical implications of an affirmative consent standard, and the rights and responsibilities of students under the policy.
(e)Outreach programming shall be included as part of every incoming students orientation.
(1)For purposes of this section, outreach programming includes, but is not necessarily limited to, informing students about all of the following:
(A)The warning signs of domestic and dating violence.
(B)Campus policies and resources relating to domestic and dating violence.
(C)Off-campus resources and centers relating to domestic and dating violence.
(2)For purposes of this subdivision, informing students about dating and domestic violence includes, but is not necessarily limited to, information about short-term relationships, unofficial relationships, and other relationships within the context of the hook-up subculture.
|
Date
|
Status
|
|---|---|
| Aug 6, 2018 | Consideration of Governor's veto pending. |
| Jul 18, 2018 | Vetoed by Governor. |
| Jul 10, 2018 | Enrolled and presented to the Governor at 3 p.m. |
| Jul 3, 2018 | In Assembly. Ordered to Engrossing and Enrolling. |
| Jul 2, 2018 | Read third time. Passed. Ordered to the Assembly. |
| Jun 26, 2018 | Read second time. Ordered to Consent Calendar. |
| Jun 25, 2018 | From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar. |
| Jun 6, 2018 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 6. Noes 0.) (June 6). Re-referred to Com. on APPR. |
| May 24, 2018 | Referred to Com. on ED. |
| May 10, 2018 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 10, 2018 | Read third time. Passed. Ordered to the Senate. |
| May 3, 2018 | Read second time. Ordered to Consent Calendar. |
| May 2, 2018 | From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (May 2). |
| Apr 18, 2018 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 0.) (April 17). Re-referred to Com. on APPR. |
| Apr 10, 2018 | Re-referred to Com. on HIGHER ED. |
| Apr 9, 2018 | From committee chair, with author's amendments: Amend, and re-refer to Com. on HIGHER ED. Read second time and amended. |
| Mar 22, 2018 | Referred to Com. on HIGHER ED. |
| Feb 8, 2018 | From printer. May be heard in committee March 10. |
| Feb 7, 2018 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jul 2, 2018 | Consent Calendar AB2070 | Senate Floor |
Passed |
|
| Jun 6, 2018 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Education |
Passed |
|
| May 10, 2018 | AB 2070 REYES Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 2, 2018 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 17, 2018 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Higher Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| American Association of University Women | ** Support | Jun 27, 2018 |
| California Partnership To End Domestic Violence | ** Support | Jun 27, 2018 |
| California State Student Association | ** Support | Jun 27, 2018 |
| California Student Aid Commission | ** Support | Jun 27, 2018 |
| Los Angeles County Board of Supervisors | ** Support | Jun 27, 2018 |
| National Association Of Social Workers, California Chapter | ** Support | Jun 27, 2018 |
| Student Senate for California Community Colleges | ** Support | Jun 27, 2018 |
| University Of California Student Association | ** Support | Jun 27, 2018 |
GOVERNOR'S VETO
GV Bill Id:AB 2070
Author:(Reyes)
As Enrolled Ver:July 5, 2018
2/3 vote
ASSEMBLY: | 73-0 | (May 10, 2018) | SENATE: | 37-0 | (July 2, 2018) |
SUBJECT: Postsecondary education: sexual assault and sexual violence prevention training: intimate partner and dating violence
SUMMARY: Requires that outreach programming provided to students during their orientation would include informing students about specified topics relating to intimate partner and dating violence. Specifically, this bill:
- Establishes that outreach programing pursuant to Education Code (EDC) Section 67386 includes, but is not necessarily limited to, informing students about all of the following:
- The warning signs of intimate partner and dating violence.
- Campus policies and resources relating to intimate partner and dating violence.
- Off-campus resources relating to intimate partner and dating violence.
- A focus on prevention and bystander intervention training as it relates to intimate partner and dating violence.
- Specifies that, for the purposes of his bill, informing students about "intimate partner and dating violence" includes, but is not necessarily limited to, information about violence that occurs between individuals with a current or previous intimate or dating relationship.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: Need for the bill. According to the author, "…mandated programming [in current law] is currently not required to include key aspects to the conversations centered around dating and domestic violence, which often leads to greater forms of physical and sexual assault. This omission leads to a greater misunderstanding of what constitutes dating violence and can discourage victims from seeking assistance."
The author continues that, "…[while] some college campuses certainly include interpersonal violence and dating violence education as a part of their orientation and outreach programming, it has yet to be something that is widely done by all campuses across California. Including [language] to mandate resource education and prevention training specific to these issues alongside the already state mandated sexual assault education will help alleviate many of the problems and ensure consistency in education on the issues of interpersonal violence."
Background. College students who are victims of sexual assault are entitled to the protections and services provided to victims of the general population (law enforcement investigations, rape crisis center services, district attorney criminal prosecutions, etc.) and to the protections and services required to be provided by colleges and universities under existing state and federal laws.
While existing law requires new student orientation to address sexual violence, domestic violence, dating violence, and stalking, and requires campuses to post sexual violence prevention and education information their Web sites (including dating violence, rape, sexual assault, domestic violence, stalking crimes, and the availability of, and contact information for, campus and community resources for students who are victims of sexual violence), this bill expands the required components of student orientation to specifically include information about intimate partner and dating violence.
Prior legislation. Over the span of the last several years, the Legislature has introduce multiple bills to address Title IX concerns and provide protections to victims of sexual harassment and assault, including, but not limited not:
SB 169 (Jackson) of 2017, required K-12 schools to use a "preponderance of evidence" standard to decide whether an incident of sexual harassment or violence occurred; required higher education institutions to, among other things, adopt rules and procedures for the prevention of sexual harassment, and adopt and post on their Web sites the grievance and investigation procedures to resolve complaints of sexual harassment. SB 169 was vetoed by the Governor.
SB 1375 (Jackson), Chapter 655, Statutes of 2016 required all schools receiving federal funding post the following information on their Web site: the name and contact information of their Title IX Coordinator; the rights of a pupil and the public, and the responsibilities of the school under Title IX; a description of how to file a complaint under Title IX. SB 1375 also required the State Superintendent of Public Instruction to electronically send an annual letter to all schools notifying them of this responsibility.
AB 2654 (Bonilla), Chapter 107, Statutes of 2016 required postsecondary educational institutions to post their written policy on sexual harassment on their Internet Web sites. AB 2654 also required the policy to include information on the complaint process and the timeline for the complaint process. The policy must include information on where to obtain the specific rules and procedures for pursuing available remedies and resources, both on and off campus.
SB 967 (DeLeón), Chapter 748, Statutes of 2014 required the governing boards of California community college districts, the Trustees of the CSU system, and the Regents of the UC, as well as the governing boards of independent postsecondary institutions in California to adopt victim-centered sexual assault, domestic violence, dating violence, and stalking policies as a condition of receiving state funds for student financial assistance.
Last year, following the veto of Senate Bill 169, I convened a small panel of experts to review state and federal law and regulations on sexual assault and sexual harassment at postsecondary institutions, in order to better understand what more, if anything, was needed in our state laws.
I would like to see the panel's review and recommendations before considering additional changes to existing law. Parenthetically, I would note that the essential elements of AB 2070 appear to be covered by existing law.
Analysis Prepared by: Kevin J. Powers / HIGHER ED. / (916) 319-3960 FN: 0003762
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
CONSENT
Bill No: AB 2070
:
SENATE EDUCATION COMMITTEE: 6-0, 6/6/18
AYES: Allen, Wilk, Galgiani, Leyva, Pan, Vidak
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 73-0, 5/10/18 (Consent) - See last page for vote
DIGEST:
This bill requires outreach programming that is part of every incoming postsecondary education institution student’s orientation to include informing students about specific topics relating to intimate partner and dating violence.
Existing law:
- Requires, as a condition of receiving state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University (CSU), the Regents of the University of California (UC), and the governing boards of independent postsecondary institutions to:
- Adopt a policy concerning sexual assault, domestic violence, dating violence, and stalking involving a student, both on and off campus. Existing law requires the policy to include specified components, including an affirmative consent standard in the determination of whether consent was given by both parties to sexual activity. (Education Code § 67386)
- Adopt a 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.
(EC § 67386) - Implement comprehensive prevention and outreach programs addressing sexual violence, domestic violence, dating violence, and stalking. Existing law requires outreach programming to be included as part of every incoming student’s orientation. (EC § 67386)
- 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 of their respective campuses 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 at or upon the grounds of, or upon off-campus grounds or facilities maintained by the institution, or upon grounds or facilities maintained by affiliated student organizations, shall receive treatment and information. (EC § 67385)
- Requires the governing board of each community college district and the Trustees of the CSU, and requests the Regents of the UC to provide, as part of established campus orientations, educational and preventive information about sexual violence to students at all campuses of their respective segments. For a campus with an existing on-campus orientation program, this information must be provided, in addition to the required sexual harassment information, during the regular orientation for incoming students. (EC § 67385.7)
- Requires each campus of the California Community Colleges and the CSU, and requests each campus of the UC, to post sexual violence prevention and education information on its campus website. Existing law requires the educational and preventive information to include all of the following:
- Common facts and myths about the causes of sexual violence.
- Dating violence, rape, sexual assault, domestic violence, and stalking crimes, including information on how to file internal administrative complaints with the institution of higher education and how to file criminal charges with local law enforcement officials.
- The availability of, and contact information for, campus and community resources for students who are victims of sexual violence.
- Methods of encouraging peer support for victims and the imposition of sanctions on offenders.
- Information regarding campus, criminal, and civil consequences of committing acts of sexual violence. (EC § 67385.7)
This bill requires outreach programming that is part of every incoming postsecondary education institution student’s orientation to include informing students about specific topics relating to intimate partner and dating violence. Specifically, this bill:
- Provides that “outreach programming” includes, but is not limited to, informing students about all of the following:
- The warning signs of intimate partner and dating violence.
- Campus policies and resources relating to intimate partner and dating violence.
- Off-campus resources and centers relating to intimate partner and dating violence.
- A focus on prevention and bystander intervention training as it relates to intimate partner and dating violence.
- Provides that informing students about “intimate partner and dating violence” includes, but is not limited to, information about violence that occurs between individuals with a current or previous intimate or dating relationship.
Comments
What’s the difference? Existing law requires public postsecondary education institutions to:
- Implement comprehensive prevention and outreach programs addressing sexual violence, domestic violence, dating violence, and stalking. Existing law requires outreach programming to be included as part of every incoming student’s orientation.
- Provide, as part of established campus orientations, educational and preventive information about sexual violence to students at all campuses of their respective segments. (The UC is requested to comply.)
- Post sexual violence prevention and education information on its campus website, including dating violence, rape, sexual assault, domestic violence, and stalking crimes, and the availability of, and contact information for, campus and community resources for students who are victims of sexual violence. (The UC is requested to comply.)
While existing law requires new student orientation to address sexual violence, domestic violence, dating violence, and stalking, and requires campuses to post sexual violence prevention and education information their Web sites (including dating violence, rape, sexual assault, domestic violence, stalking crimes, and the availability of, and contact information for, campus and community resources for students who are victims of sexual violence), this bill expands the required components of student orientation to specifically include information about intimate partner and dating violence.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
American Association of University Women
California Partnership to End Domestic Violence
California State Student Association
California Student Aid Commission
Los Angeles County Board of Supervisors
National Association of Social Workers, California Chapter
Student Senate for California Community Colleges
University of California Student Association
OPPOSITION: (Verified 6/26/18)
ASSEMBLY FLOOR: 73-0, 5/10/18
AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Travis Allen, Cooley, Friedman, Cristina Garcia, Obernolte
6/27/18 9:35:00
**** END ****
SENATE COMMITTEE ON EDUCATION
Senator Benjamin Allen, Chair
2017 - 2018 Regular
Bill No: AB 2070 Hearing Date: June 6, 2018
Author: | |||
Version: | April 9, 2018 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Lynn Lorber | ||
Subject: Postsecondary education: sexual assault and sexual violence prevention training: intimate partner and dating violence.
SUMMARY
This bill requires outreach programming that is part of every incoming postsecondary education institution student’s orientation to include informing students about specific topics relating to intimate partner and dating violence.
BACKGROUND
Existing law requires, as a condition of receiving state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University (CSU), the Regents of the University of California (UC), and the governing boards of independent postsecondary institutions to:
- Adopt a policy concerning sexual assault, domestic violence, dating violence, and stalking involving a student, both on and off campus. Existing law requires the policy to include specified components, including an affirmative consent standard in the determination of whether consent was given by both parties to sexual activity. (Education Code § 67386)
- Adopt a 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.
(EC § 67386) - Implement comprehensive prevention and outreach programs addressing sexual violence, domestic violence, dating violence, and stalking. Existing law requires outreach programming to be included as part of every incoming student’s orientation. (EC § 67386)
Existing law:
- 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 of their respective campuses 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 at or upon the grounds of, or upon off-campus grounds or facilities maintained by the institution, or upon grounds or facilities maintained by affiliated student organizations, shall receive treatment and information.
(EC § 67385) - 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) to provide, as part of established campus orientations, educational and preventive information about sexual violence to students at all campuses of their respective segments. For a campus with an existing on-campus orientation program, this information must be provided, in addition to the required sexual harassment information, during the regular orientation for incoming students. (EC § 67385.7)
- Requires each campus of the California Community Colleges and the CSU, and requests each campus of the UC, to post sexual violence prevention and education information on its campus website. Existing law requires the educational and preventive information to include all of the following:
- Common facts and myths about the causes of sexual violence.
- Dating violence, rape, sexual assault, domestic violence, and stalking crimes, including information on how to file internal administrative complaints with the institution of higher education and how to file criminal charges with local law enforcement officials.
- The availability of, and contact information for, campus and community resources for students who are victims of sexual violence.
- Methods of encouraging peer support for victims and the imposition of sanctions on offenders.
- Information regarding campus, criminal, and civil consequences of committing acts of sexual violence. (EC § 67385.7)
- Common facts and myths about the causes of sexual violence.
ANALYSIS
This bill requires outreach programming that is part of every incoming postsecondary education institution student’s orientation to include informing students about specific topics relating to intimate partner and dating violence. Specifically, this bill:
- Provides that “outreach programming” includes, but is not limited to, informing students about all of the following:
- The warning signs of intimate partner and dating violence.
- Campus policies and resources relating to intimate partner and dating violence.
- Off-campus resources and centers relating to intimate partner and dating violence.
- A focus on prevention and bystander intervention training as it relates to intimate partner and dating violence.
- The warning signs of intimate partner and dating violence.
- Provides that informing students about “intimate partner and dating violence” includes, but is not limited to, information about violence that occurs between individuals with a current or previous intimate or dating relationship.
STAFF COMMENTS
- Need for this bill. According to the author, “Current law requires college campuses in the State of California, as part of their outreach and orientation programming, to discuss issues relating to sexual misconduct. These include, but are not limited to, the campus sexual assault policy, the affirmative consent standard, the rights and responsibilities of the student, and the variety of resources available. This mandated programming is currently not required to include key aspects to the conversations centered around dating and domestic violence, which often leads to greater forms of physical and sexual assault. This omission leads to a greater misunderstanding of what constitutes dating violence and can discourage victims from seeking assistance. While some college campuses certainly include interpersonal violence and dating violence education as a part of their orientation and outreach programming, it has yet to be something that is widely done by all campuses across California. Including code to mandate resource education and prevention training specific to these issues alongside the already state mandated sexual assault education, will help alleviate many of the problems and ensure consistency in education on the issues of interpersonal violence.”
- What’s the difference? As noted in Comment # 1, existing law requires public postsecondary education institutions to:
- Implement comprehensive prevention and outreach programs addressing sexual violence, domestic violence, dating violence, and stalking. Existing law requires outreach programming to be included as part of every incoming student’s orientation.
- Provide, as part of established campus orientations, educational and preventive information about sexual violence to students at all campuses of their respective segments. (The University of California is requested to comply.)
- Post sexual violence prevention and education information on its campus website, including dating violence, rape, sexual assault, domestic violence, and stalking crimes, and the availability of, and contact information for, campus and community resources for students who are victims of sexual violence. (The University of California is requested to comply.)
- Implement comprehensive prevention and outreach programs addressing sexual violence, domestic violence, dating violence, and stalking. Existing law requires outreach programming to be included as part of every incoming student’s orientation.
While existing law requires new student orientation to address sexual violence, domestic violence, dating violence, and stalking, and requires campuses to post sexual violence prevention and education information their websites (including dating violence, rape, sexual assault, domestic violence, stalking crimes, and the availability of, and contact information for, campus and community resources for students who are victims of sexual violence), this bill expands the required components of student orientation to specifically include information about intimate partner and dating violence.
- Fiscal impact. According to the Assembly Appropriations Committee, this bill would impose:
- Minor ongoing Proposition 98 General Fund (GF) cost pressures to California Community College campuses, and minor ongoing GF cost pressures to California State University and University of California campuses, to include information about intimate partner and dating violence in student orientation programming.
- Minor ongoing costs to independent postsecondary institution campuses to include information about intimate partner and dating violence in student orientation programming.
- Minor ongoing Proposition 98 General Fund (GF) cost pressures to California Community College campuses, and minor ongoing GF cost pressures to California State University and University of California campuses, to include information about intimate partner and dating violence in student orientation programming.
SUPPORT
American Association of University Women
California Partnership to End Domestic Violence
California State Student Association
California Student Aid Commission
Los Angeles County Board of Supervisors
National Association of Social Workers, California Chapter
Student Senate for California Community Colleges
University of California Student Association
OPPOSITION
None received
-- END --
Date of Hearing: May 2, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 2070
Author:(Reyes) – As Amended Ver:April 9, 2018
Policy Committee: | Higher Education | Vote: | 13 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY: Existing law requires institutions of higher education to provide orientation programming to new students as a condition of certain state funding. The law specifies types of information the educational institutions must include in such orientation. This bill requires the new student orientation to also include information on intimate partner violence and dating violence.
FISCAL EFFECT:
- Minor ongoing Proposition 98 General Fund (GF) cost pressures to California Community College (CCC) campuses, and minor ongoing GF cost pressures to California State University (CSU) and University of California (UC) campuses, to include information about intimate partner and dating violence in student orientation programming.
- Minor ongoing costs to independent postsecondary institution campuses to include information about intimate partner and dating violence in student orientation programming.
COMMENTS:
- Current Law. State law requires CCC, CSU, UC, and independent postsecondary institutions, as a condition of receiving certain state funding, to provide to every incoming student orientation programming regarding sexual assault, domestic violence, dating violence, and stalking.
- Purpose. According to the author:
…Mandated programming [in current law] is currently not required to include key aspects to the conversations centered around dating and domestic violence…[while] some college campuses certainly include interpersonal violence and dating violence education as a part of their orientation and outreach programming, it has yet to be something that is widely done by all campuses across California.
Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081
Date of Hearing: April 17, 2018
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Jose Medina, Chair
ABPCA Bill Id:AB 2070 (
Author:Reyes) – As Amended Ver:April 9, 2018
SUBJECT: Postsecondary education: sexual assault and sexual violence prevention training: intimate partner and dating violence
SUMMARY: Requires that outreach programming provided to students during their orientation would include informing students about specified topics relating to intimate partner and dating violence. Specifically, this bill:
- Establishes that outreach programing pursuant to Section 67386 of the Education Code (EDC) includes, but is not necessarily limited to, informing students about all of the following:
- The warning signs of intimate partner and dating violence.
- Campus policies and resources relating to intimate partner and dating violence.
- Off-campus resources relating to intimate partner and dating violence.
- A focus on prevention and bystander intervention training as it relates to intimate partner and dating violence.
- Specifies that, for the purposes of his bill, informing students about “intimate partner and dating violence” includes, but is not necessarily limited to, information about violence that occurs between individuals with a current or previous intimate or dating relationship.
EXISTING LAW:
- 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. (EDC Sections 67380, 67383)
- Requires, under the Kristen Smart Campus Safety Act, University of California (UC) Regents, California State University (CSU) Trustees, California Community College (CCC) District 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)
- 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. (EDC Section 67385)
- 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.)
- 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)
- 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))
- Provides, under Title IX of the federal Education Amendments of 1972, that no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. (20 U.S.C. Section 1681 et seq.)
FISCAL EFFECT: Unknown.
COMMENTS: Need for the bill. According to the author, “…mandated programming [in current law] is currently not required to include key aspects to the conversations centered around dating and domestic violence, which often leads to greater forms of physical and sexual assault. This omission leads to a greater misunderstanding of what constitutes dating violence and can discourage victims from seeking assistance.”
The author continues that, “…[while] some college campuses certainly include interpersonal violence and dating violence education as a part of their orientation and outreach programming, it has yet to be something that is widely done by all campuses across California. Including [language] to mandate resource education and prevention training specific to these issues alongside the already state mandated sexual assault education will help alleviate many of the problems and ensure consistency in education on the issues of interpersonal violence.”
Background. College students who are victims of sexual assault are entitled to the protections and services provided to victims of the general population (law enforcement investigations, rape crisis center services, district attorney criminal prosecutions, etc.) and to the protections and services required to be provided by colleges and universities under state and federal laws (see: Existing Law).
In recent years, there has been an increasing public awareness of sexual violence occurring on and near college campuses. State and federal governments have responded through laws and regulations that seek to strengthen partnerships between colleges and local law enforcement agencies (criminal investigations) and to improve campus handling of sexual assault complaints (Title IX responsibilities).
Prior legislation. Over the span of the last several years, the Legislature has introduce multiple bills to address Title IX concerns and provide protections to victims of sexual harassment and assault, including, but not limited not:
SB 169 (Jackson) of 2017, required K-12 schools to use a “preponderance of evidence” standard to decide whether an incident of sexual harassment or violence occurred; required higher education institutions to, among other things, adopt rules and procedures for the prevention of sexual harassment, and adopt and post on their Web sites the grievance and investigation procedures to resolve complaints of sexual harassment. SB 169 was vetoed by the Governor.
SB 1375 (Jackson), Chapter 655, Statutes of 2016 required all schools receiving federal funding post the following information on their Web site: the name and contact information of their Title IX Coordinator; the rights of a pupil and the public, and the responsibilities of the school under Title IX; a description of how to file a complaint under Title IX. SB 1375 also required the State Superintendent of Public Instruction to electronically send an annual letter to all schools notifying them of this responsibility.
AB 2654 (Bonilla, Chapter 107, Statutes of 2016) required postsecondary educational institutions to post their written policy on sexual harassment on their Internet Web sites. AB 2654 also required the policy to include information on the complaint process and the timeline for the complaint process. The policy must include information on where to obtain the specific rules and procedures for pursuing available remedies and resources, both on and off campus.
SB 967 (DeLeón, Chapter 748, Statutes of 2014) required the governing boards of California community college districts, the Trustees of the CSU system, and the Regents of the UC, as well as the governing boards of independent postsecondary institutions in California to adopt victim-centered sexual assault, domestic violence, dating violence, and stalking policies as a condition of receiving state funds for student financial assistance.
REGISTERED SUPPORT / OPPOSITION:
Support
American Association of University Women-California
California Partnership to End Domestic Violence (CPEDV)
California State Student Association (CSSA)
Student Senate for California Community Colleges (SSCCC)
California Student Aid Commission (CSAC)
Opposition
None on file
Analysis Prepared by: Kevin J. Powers / HIGHER ED. / (916) 319-3960
Bill Author
Bill Co-Author(s):