AB 1138: Postsecondary education: sexual assault and sexual violence prevention: medical examinations transportation services.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-10-08
Current Status:
Passed
(2023-10-08: Chaptered by Secretary of State - Chapter 564, Statutes of 2023.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
Existing law requires 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, in order to receive state funds for student financial assistance, to enter into memoranda of understanding, agreements, or collaborative partnerships with existing on-campus and community-based organizations, to the extent feasible, 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.
As a condition of receiving state funds for student financial assistance, this bill would require the trustees and the regents to ensure, to the extent feasible, that a student who seeks support after experiencing sexual violence receives information about the students options and rights to obtain a sexual assault forensic medical examination, as specified, and commencing with the 202526 school year, to the extent practicable and necessary, to provide to their students without charge and in a manner that protects student confidentiality, transportation to and from a local Sexual Assault Forensic Examination (SAFE) or Sexual Abuse Response Team (SART) exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit, as provided. The bill would require, on or before June 30, 2026, and biennially thereafter, as a condition of receiving state financial assistance funds, the trustees and the regents to submit a report to the Legislature on whether their respective institutions have provided transportation for students to and from a local SAFE or SART exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit and the manner in which students received the transportation.
Existing law requires 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, in order to receive state funds for student financial assistance, to enter into memoranda of understanding, agreements, or collaborative partnerships with existing on-campus and community-based organizations, to the extent feasible, 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.
As a condition of receiving state funds for student financial assistance, this bill would require the trustees and the regents to ensure, to the extent feasible, that a student who seeks support after experiencing sexual violence receives information about the students options and rights to obtain a sexual assault forensic medical examination, as specified, and commencing with the 202526 school year, to the extent practicable and necessary, to provide to their students without charge and in a manner that protects student confidentiality, transportation to and from a local Sexual Assault Forensic Examination (SAFE) or Sexual Abuse Response Team (SART) exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit, as provided. The bill would require, on or before June 30, 2026, and biennially thereafter, as a condition of receiving state financial assistance funds, the trustees and the regents to submit a report to the Legislature on whether their respective institutions have provided transportation for students to and from a local SAFE or SART exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit and the manner in which students received the transportation.
Existing law requires 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, in order to receive state funds for student financial assistance, to enter into memoranda of understanding, agreements, or collaborative partnerships with existing on-campus and community-based organizations, to the extent feasible, 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.
As a condition of receiving state funds for student financial assistance, this bill would require the trustees and the regents to ensure, to the extent feasible, that a student who seeks support after experiencing sexual violence receives information about the students options and rights to obtain a sexual assault forensic medical examination, as specified, and commencing with the 202526 school year, to the extent practicable and necessary, to provide to their students without charge and in a manner that protects student confidentiality, transportation to and from a local Sexual Assault Forensic Examination (SAFE) or Sexual Abuse Response Team (SART) exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit, as provided. The bill would require, on or before June 30, 2026, and biennially thereafter, as a condition of receiving state financial assistance funds, the trustees and the regents to submit a report to the Legislature on whether their respective institutions have provided transportation for students to and from a local SAFE or SART exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit and the manner in which students received the transportation.
Existing law requires 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, in order to receive state funds for student financial assistance, to enter into memoranda of understanding, agreements, or collaborative partnerships with existing on-campus and community-based organizations, to the extent feasible, 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.
As a condition of receiving state funds for student financial assistance, this bill would require the trustees and the regents to ensure, to the extent feasible, that a student who seeks support after experiencing sexual violence receives information about the students options and rights to obtain a sexual assault forensic medical examination, as specified, and commencing with the 202526 school year, to the extent practicable and necessary, to provide to their students free of charge and, to the extent possible, without charge and in a manner that protects student confidentiality, transportation to and from a local Sexual Assault Forensic Examination (SAFE) or Sexual Abuse Response Team (SART) exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit, if the sexual assault forensic medical evidence kit is not administered on campus. The bill would authorize a campus health center staff member or a staff member of a local SAFE exam center, SART exam center, or rape crisis center, as specified, to transport the student to and from a local SAFE or SART exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit. as provided. The bill would require, on or before June 30, 2026, and biennially thereafter, as a condition of receiving state financial assistance funds, the trustees and the regents to submit a report to the Legislature on whether their respective institutions have provided transportation for students to and from a local SAFE or SART exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit and the manner in which students received the transportation.
Existing law requires 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, in order to receive state funds for student financial assistance, to enter into memoranda of understanding, agreements, or collaborative partnerships with existing on-campus and community-based organizations, to the extent feasible, 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.
As a condition of receiving state funds for student financial assistance, this bill would require the trustees and the regents to provide to their students free of charge and, to the extent possible, in a manner that protects student confidentiality, transportation to and from a local Sexual Assault Forensic Examination (SAFE) or Sexual Abuse Response Team (SART) exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit. kit, if the sexual assault forensic medical evidence kit is not administered on campus. The bill would authorize a campus health center staff member or a staff member of a local SAFE exam center, SART exam center, or rape crisis center, as specified, to transport the student to and from a local SAFE or SART exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit. The bill would require, as a condition of receiving state financial assistance funds, the trustees and the regents to submit a report to the Legislature on whether their respective institutions have provided transportation for students to and from a local SAFE or SART exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit and the manner in which students received the transportation.
Existing law requires 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, in order to receive state funds for student financial assistance, to enter into memoranda of understanding, agreements, or collaborative partnerships with existing on-campus and community-based organizations, to the extent feasible, 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.
As a condition of receiving state funds for student financial assistance, this bill would require these governing entities the trustees and the regents to provide to their students free of charge and, to the extent possible, in a manner that protects student confidentiality, transportation to and from a local Sexual Assault Forensic Examination (SAFE) or Sexual Abuse Response Team (SART) exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit. The bill would authorize a campus health center staff member to transport the student to and from a local SAFE or SART exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit. The bill would require, as a condition of receiving state financial assistance funds, the governing entities trustees and the regents to submit a report to the Legislature on whether their respective institutions have provided transportation for students to and from a local SAFE or SART exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit and the manner in which students received the transportation.
To the extent that these provisions would create new duties for community college districts, it would constitute 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 the statutory provisions noted above.Existing law requires 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, in order to receive state funds for student financial assistance, to enter into memoranda of understanding, agreements, or collaborative partnerships with existing on-campus and community-based organizations, to the extent feasible, 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.
As a condition of receiving state funds for student financial assistance, this bill would require these governing entities to provide to students free of charge and, to the extent possible, in a manner that protects student confidentiality, transportation to and from a rape crisis center for a medical examiner to administer a local Sexual Assault Forensic Examination (SAFE) Kit. or Sexual Abuse Response Team (SART) exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit. The bill would authorize a campus health center staff member to transport the student to and from a rape crisis center for a medical examiner to administer the SAFE Kit. local SAFE or SART exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit. The bill would require, as a condition of receiving state financial assistance funds, the governing entities to submit a report to the Legislature on whether their respective institutions have provided transportation for students to and from a rape crisis center for a medical examiner to administer the SAFE Kit local SAFE or SART exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit and the manner in which students received the transportation.
To the extent that this provision these provisions would create new duties for community college districts, it would constitute 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 the statutory provisions noted above.
Existing law requires 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, in order to receive state funds for student financial assistance, to enter into memoranda of understanding, agreements, or collaborative partnerships with existing on-campus and community-based organizations, to the extent feasible, 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.
As a condition of receiving state funds for student financial assistance, this bill would require these governing entities to provide to students free of charge and, to the extent possible, in a manner that protects student anonymity, confidentiality, transportation to and from a rape crisis center for a medical examiner to administer the a Sexual Assault Forensic Examination (SAFE) Kit. The bill would authorize these governing entities to fund transportation services for a medical examiner to travel to the campus to administer the SAFE Kit on campus for the student. The bill would authorize a student to select the transportation service of the students choice, which may include transportation by a campus health center staff member. a campus health center staff member to transport the student to and from a rape crisis center for a medical examiner to administer the SAFE Kit. The bill would require, as a condition of receiving state financial assistance funds, the governing entities to convene a statewide stakeholder workgroup, as provided, to report to the Legislature on the effectiveness and costs of the transportation services provided to access the SAFE Kit for students and recommendations on how to improve SAFE Kit accessibility. submit a report to the Legislature on whether their respective institutions have provided transportation for students to and from a rape crisis center for a medical examiner to administer the SAFE Kit and the manner in which students received the transportation.
To the extent that this provision would create new duties for community college districts, it would constitute 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 the statutory provisions noted above.
Existing law requires 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, in order to receive state funds for student financial assistance, to enter into memoranda of understanding, agreements, or collaborative partnerships with existing on-campus and community-based organizations, to the extent feasible, 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.
As a condition of receiving state funds for student financial assistance, this bill would require these governing entities to provide to students free of charge and, to the extent possible, in a manner that protects student anonymity, transportation to and from a rape crisis center to administer the Sexual Assault Forensic Examination (SAFE) Kit. The bill would authorize these governing entities to fund transportation services for a medical examiner to travel to the campus to administer the SAFE Kit on campus for the student. The bill would authorize a student to select the transportation service of the students choice, which may include transportation by a campus health center staff member. The bill would require, as a condition of receiving state financial assistance funds, the governing entities to convene a statewide stakeholder workgroup, as provided, to report to the Legislature on the effectiveness and costs of the transportation services provided to access the SAFE Kit for students and recommendations on how to improve SAFE Kit accessibility.
To the extent that this provision would create new duties for community college districts, it would constitute 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 the statutory provisions noted above.
Existing law establishes the California State University and its various campuses under the administration of the Board of Trustees of the California State University, as one of the segments of public postsecondary education in the state. Existing law, commencing with the 202122 academic year, requires the California State University to provide for courses in ethnic studies at each of its campuses, and commencing with students graduating in the 202425 academic year, requires the California State University to require, as an undergraduate graduation requirement, the completion of, at minimum, one 3-unit course in ethnic studies, as specified.This bill would make a nonsubstantive change to that provision.Existing law establishes the California State University and its various campuses under the administration of the Board of Trustees of the California State University, as one of the segments of public postsecondary education in the state. Existing law, commencing with the 202122 academic year, requires the California State University to provide for courses in ethnic studies at each of its campuses, and commencing with students graduating in the 202425 academic year, requires the California State University to require, as an undergraduate graduation requirement, the completion of, at minimum, one 3-unit course in ethnic studies, as specified.
This bill would make a nonsubstantive change to that provision.
(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 the person 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)(1)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 and domestic violence 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.
(2)In order to receive state funds for student financial assistance, the Trustees of the California State University and the Regents of the University of California shall, to the extent feasible, ensure that when a student who experiences sexual violence seeks support services from a campus advocate or community-based organization pursuant to a memorandum of understanding, agreement, or collaborative partnership described in paragraph (1), all of the following occurs:
(A)The student receives information about the students options and rights to obtain a sexual assault forensic medical examination.
(B)If the student is eligible to obtain a sexual assault forensic medical examination, the student receives information about the students right to be accompanied to the examination by a certified sexual assault counselor or support person of the students choosing, or both a certified sexual assault counselor and a support person of the students choosing.
(C)If the student is eligible to obtain a sexual assault forensic medical examination, the student receives information about how to access transportation to an examination site, including transportation options that can be provided by or arranged by the campus.
(3)(A)Commencing with the 202526 school year, the Trustees of the California State University and the Regents of the University of California shall, to the extent practicable and necessary, provide to students who request and are eligible to obtain a sexual assault forensic medical examination, transportation to and from a SAFE or SART exam center for a qualified health care provider to administer a sexual assault forensic medical evidence kit. All of the following shall apply to the provision of transportation services, to the extent practicable:
(i)Transportation shall be provided without charge and in a manner that protects student safety and confidentiality.
(ii)Transportation may include, but is not limited to, transportation by any of the following, if the student agrees to the transportation:
(I)A staff member of a SAFE exam center, SART exam center, rape crisis center, or community-based organization that is under a contract, memorandum of understanding, agreement, or collaborative partnership described in paragraph (1).
(II)The campus.
(III)Ride share services. If offering ride share services, campuses shall prioritize the use of ride share platforms that support the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191).
(IV)Law enforcement. This subclause does not require a student to accept transportation by law enforcement. Campuses shall establish at least one option for transportation that is not in a law enforcement vehicle.
(B)In order to receive state funds for student financial assistance, on or before June 30, 2026, and biennially thereafter, the Trustees of the California State University and the Regents of the University of California shall submit a report to the Legislature, pursuant to Section 9795 of the Government Code, on whether their respective institutions have provided transportation to students pursuant to subparagraph (A) and the manner in which students received the transportation to a local SAFE or SART exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit.
(C)For purposes of this subdivision, the following definitions apply:
(i)SAFE means a Sexual Assault Forensic Examination.
(ii)SART means a Sexual Abuse Response Team.
(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, providing information about violence that occurs between individuals with a current or previous intimate or dating relationship.
(3)For purposes of this subdivision, incoming students includes, but is not necessarily limited to, graduate, transfer, and international students, with a special consideration of their different needs, interactions, and engagements with their campuses.
(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 the person 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)(1)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 and domestic violence 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.
(2)In order to receive state funds for student financial assistance, the Trustees of the California State University and the Regents of the University of California shall, to the extent feasible, ensure that when a student who experiences sexual violence seeks support services from a campus advocate or community-based organization pursuant to a memorandum of understanding, agreement, or collaborative partnership described in paragraph (1), all of the following occurs:
(A)The student receives information about the students options and rights to obtain a sexual assault forensic medical examination.
(B)If the student is eligible to obtain a sexual assault forensic medical examination, the student receives information about the students right to be accompanied to the examination by a certified sexual assault counselor or support person of the students choosing, or both a certified sexual assault counselor and a support person of the students choosing.
(C)If the student is eligible to obtain a sexual assault forensic medical examination, the student receives information about how to access transportation to an examination site, including transportation options that can be provided by or arranged by the campus.
(3)(A)Commencing with the 202526 school year, the Trustees of the California State University and the Regents of the University of California shall, to the extent practicable and necessary, provide to students who request and are eligible to obtain a sexual assault forensic medical examination, transportation to and from a SAFE or SART exam center for a qualified health care provider to administer a sexual assault forensic medical evidence kit. All of the following shall apply to the provision of transportation services, to the extent practicable:
(i)Transportation shall be provided without charge and in a manner that protects student safety and confidentiality.
(ii)Transportation may include, but is not limited to, transportation by any of the following, if the student agrees to the transportation:
(I)A staff member of a SAFE exam center, SART exam center, rape crisis center, or community-based organization that is under a contract, memorandum of understanding, agreement, or collaborative partnership described in paragraph (1).
(II)The campus.
(III)Ride share services. If offering ride share services, campuses shall prioritize the use of ride share platforms that support the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191).
(IV)Law enforcement. This subclause does not require a student to accept transportation by law enforcement. Campuses shall establish at least one option for transportation that is not in a law enforcement vehicle.
(B)In order to receive state funds for student financial assistance, on or before June 30, 2026, and biennially thereafter, the Trustees of the California State University and the Regents of the University of California shall submit a report to the Legislature, pursuant to Section 9795 of the Government Code, on whether their respective institutions have provided transportation to students pursuant to subparagraph (A) and the manner in which students received the transportation to a local SAFE or SART exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit.
(C)For purposes of this subdivision, the following definitions apply:
(i)SAFE means a Sexual Assault Forensic Examination.
(ii)SART means a Sexual Abuse Response Team.
(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, providing information about violence that occurs between individuals with a current or previous intimate or dating relationship.
(3)For purposes of this subdivision, incoming students includes, but is not necessarily limited to, graduate, transfer, and international students, with a special consideration of their different needs, interactions, and engagements with their campuses.
(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 the person 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)(1)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 and domestic violence 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.
(2)In order to receive state funds for student financial assistance, the Trustees of the California State University and the Regents of the University of California shall, to the extent feasible, ensure that when a student who experiences sexual violence seeks support services from an on-campus a campus advocate or community-based organization pursuant to a memoranda memorandum of understanding, agreement, or collaborative partnership described in paragraph (1), all of the following occurs:
(A)The student receives information about the students options and rights to obtain a sexual assault forensic medical examination.
(B)If the student is eligible to obtain a sexual assault forensic medical examination, the student receives information about the students right to be accompanied to the examination by a certified sexual assault counselor or support person of the students choosing, or both a certified sexual assault counselor and a support person of the students choosing.
(C)If the student is eligible to obtain a sexual assault forensic medical examination, the student receives information about how to access transportation to an examination site, including transportation options that can be provided by or arranged by the campus.
(3)(A)Commencing with the 202526 school year, the Trustees of the California State University and the Regents of the University of California shall, to the extent practicable and necessary, provide to students who consent request and are eligible to obtain a sexual assault forensic medical examination, transportation to and from a SAFE or SART exam center for a qualified health care provider to administer a sexual assault forensic medical evidence kit. All of the following shall apply to the provision of transportation services, to the extent practicable:
(i)Transportation shall be provided without charge and in a manner that protects student safety and confidentiality.
(ii)Subject to clause (iii), preference shall be given to Transportation may include, but is not limited to, transportation provided by either any of the following: following, if the student agrees to the transportation:
(I)A staff member of a SAFE exam center, SART exam center, rape crisis center, or community-based organization that is under a contract, memoranda memorandum of understanding, agreement, or collaborative partnership described in paragraph (1).
(II)The campus.
(iii)If a student does not consent to the transportation described in clause (ii), upon the students consent, transportation may be provided by either of the following:(I)Transportation provided by ride(III)Ride share services. If offering ride share services, campuses shall prioritize the use of ride share platforms that support the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191).
(II)Transportation provided by law(IV)Law enforcement. This subclause does not require a student to accept transportation by law enforcement. Campuses shall establish at least one option for transportation that is not in a law enforcement vehicle.
(B)In order to receive state funds for student financial assistance, on or before June 30, 2026, and biennially thereafter, the Trustees of the California State University and the Regents of the University of California shall submit a report to the Legislature, pursuant to Section 9795 of the Government Code, on whether their respective institutions have provided transportation to students pursuant to subparagraph (A) and the manner in which students received the transportation to a local SAFE or SART exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit.
(C)For purposes of this subdivision, the following definitions apply:
(i)SAFE means a Sexual Assault Forensic Examination.
(ii)SART means a Sexual Abuse Response Team.
(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, providing information about violence that occurs between individuals with a current or previous intimate or dating relationship.
(3)For purposes of this subdivision, incoming students includes, but is not necessarily limited to, graduate, transfer, and international students, with a special consideration of their different needs, interactions, and engagements with their campuses.
(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 the person 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)(1)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 and domestic violence 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.
(2)In order to receive state funds for student financial assistance, the Trustees of the California State University and the Regents of the University of California shall, to the extent feasible, include administration of sexual assault forensic medical evidence kits in the services referred or made available to students pursuant to paragraph (1).(3)(A)(i)In order to receive state funds for student financial assistance, if the sexual assault forensic medical evidence kit is not administered on campus pursuant to agreements entered into pursuant to this subdivision, the Trustees of the California State University and the Regents of the University of California shall provide to students free of charge, and, to the extent possible, in a manner that protects student confidentiality, transportation to and from a local SAFE or SART exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit.(ii)Transportation services described in clause (i) shall be funded by the institution or as part of the services that the rape crisis center provides pursuant to the memoranda of understanding, agreement, or collaborative partnership described in paragraphs (1) and (2).(iii)Transportation services described in clause (i) may include a staff member of a campus health center or a staff member of a local SAFE exam center, SART exam center, or rape crisis center that is under a contract, memoranda of understanding, agreement, or collaborative partnership described in paragraph (1), transporting the student to and from a local SAFE or SART exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit. Transportation services described in clause (i) shall not include transportation by law enforcement or ride share services.(2)In order to receive state funds for student financial assistance, the Trustees of the California State University and the Regents of the University of California shall, to the extent feasible, ensure that when a student who experiences sexual violence seeks support services from an on-campus or community-based organization pursuant to a memoranda of understanding, agreement, or collaborative partnership described in paragraph (1), all of the following occurs:
(A)The student receives information about the students options and rights to obtain a sexual assault forensic medical examination.
(B)If the student is eligible to obtain a sexual assault forensic medical examination, the student receives information about the students right to be accompanied to the examination by a certified sexual assault counselor or support person of the students choosing, or both a certified sexual assault counselor and a support person of the students choosing.
(C)If the student is eligible to obtain a sexual assault forensic medical examination, the student receives information about how to access transportation to an examination site, including transportation options that can be provided by or arranged by the campus.
(3)(A)Commencing with the 202526 school year, the Trustees of the California State University and the Regents of the University of California shall, to the extent practicable and necessary, provide to students who consent and are eligible to obtain a sexual assault forensic medical examination, transportation to and from a SAFE or SART exam center for a qualified health care provider to administer a sexual assault forensic medical evidence kit. All of the following shall apply to the provision of transportation services, to the extent practicable:
(i)Transportation shall be provided without charge and in a manner that protects student safety and confidentiality.
(ii)Subject to clause (iii), preference shall be given to transportation provided by either of the following:
(I)A staff member of a SAFE exam center, SART exam center, rape crisis center, or community-based organization that is under a contract, memoranda of understanding, agreement, or collaborative partnership described in paragraph (1).
(II)The campus.
(iii)If a student does not consent to the transportation described in clause (ii), upon the students consent, transportation may be provided by either of the following:
(I)Transportation provided by ride share services. If offering ride share services, campuses shall prioritize the use of ride share platforms that support the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191).
(II)Transportation provided by law enforcement. This subclause does not require a student to accept transportation by law enforcement. Campuses shall establish at least one option for transportation that is not in a law enforcement vehicle.
(B)In order to receive state funds for student financial assistance, on or before June 30, 2025, 2026, and on or before each June 30 biennially thereafter, the Trustees of the California State University and the Regents of the University of California shall submit a report to the Legislature, pursuant to Section 9795 of the Government Code, on whether their respective institutions have provided transportation to students pursuant to subparagraph (A) and the manner in which students received the transportation to a local SAFE or SART exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit.(C)For purposes of this subdivision, the following definitions apply:
(i)SAFE means a Sexual Assault Forensic Examination.
(ii)SART means a Sexual Abuse Response Team.
(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, providing information about violence that occurs between individuals with a current or previous intimate or dating relationship.
(3)For purposes of this subdivision, incoming students includes, but is not necessarily limited to, graduate, transfer, and international students, with a special consideration of their different needs, interactions, and engagements with their campuses.
(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 the person 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)(1)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 and domestic violence 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.
(2)In order to receive state funds for student financial assistance, the Trustees of the California State University and the Regents of the University of California shall, to the extent feasible, include administration of sexual assault forensic medical evidence kits in the services referred or made available to students pursuant to paragraph (1).
(3)(A)(i)In order to receive state funds for student financial assistance, if the sexual assault forensic medical evidence kit is not administered on campus pursuant to agreements entered into pursuant to this subdivision, the Trustees of the California State University and the Regents of the University of California shall provide to students free of charge, and, to the extent possible, in a manner that protects student confidentiality, transportation to and from a local SAFE or SART exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit.
(ii)Transportation services described in clause (i) shall be funded by the institution or as part of the services that the rape crisis center provides pursuant to the memoranda of understanding, agreement, or collaborative partnership described in paragraphs (1) and (2). Transportation
(iii)Transportation services described in clause (i) may include a staff member of a campus health center staff member or a staff member of a local SAFE exam center, SART exam center, or rape crisis center that is under a contract, memoranda of understanding, agreement, or collaborative partnership described in paragraph (1), transporting the student to and from a local SAFE or SART exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit. Transportation services described in clause (i) shall not include transportation by law enforcement or ride share services.
(B)In order to receive state funds for student financial assistance, on or before June 30, 2025, and on or before each June 30 thereafter, the Trustees of the California State University and the Regents of the University of California shall submit a report to the Legislature, pursuant to Section 9795 of the Government Code, on whether their respective institutions have provided transportation to students pursuant to subparagraph (A) and the manner in which students received the transportation to a local SAFE or SART exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit.
(C)For purposes of this subdivision, the following definitions apply:
(i)SAFE means a Sexual Assault Forensic Examination.
(ii)SART means a Sexual Abuse Response Team.
(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, providing information about violence that occurs between individuals with a current or previous intimate or dating relationship.
(3)For purposes of this subdivision, incoming students includes, but is not necessarily limited to, graduate, transfer, and international students, with a special consideration of their different needs, interactions, and engagements with their campuses.
(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 the person 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)(1)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 and domestic violence centers, to refer students for assistance or make services available to students, including administering sexual assault forensic medical evidence kits, counseling, health, mental health, victim advocacy, and legal assistance, and including resources for the accused.
(2)In order to receive state funds for student financial assistance, the Trustees of the California State University and the Regents of the University of California shall, to the extent feasible, include administration of sexual assault forensic medical evidence kits in the services referred or made available to students pursuant to paragraph (1).
(2)(3)(A)(i)In order to receive state funds for student financial assistance, if the sexual assault forensic medical evidence kit is not administered on campus pursuant to agreements entered into pursuant to paragraph (1), the governing board of each community college district, this subdivision, the Trustees of the California State University, University and the Regents of the University of California, and the governing boards of independent postsecondary institutions California shall provide to students free of charge, and, to the extent possible, in a manner that protects student confidentiality, transportation to and from a local SAFE or SART exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit.
(ii)Transportation services described in clause (i) shall be funded by the institution or as part of the services that the rape crisis center provides pursuant to the memoranda of understanding, agreement, or collaborative partnership described in paragraph (1). paragraphs (1) and (2). Transportation services described in clause (i) may include a campus health center staff member transporting the student to and from a local SAFE or SART exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit.
(B)In order to receive state funds for student financial assistance, on or before June 30, 2025, and on or before each June 30 thereafter, the governing board of each community colleges district, the Trustees of the California State University, University and the Regents of the University of California, and the appropriate governing bodies of each independent institution of higher education California shall submit a report to the Legislature, pursuant to Section 9795 of the Government Code, on whether their respective institutions have provided transportation to students pursuant to subparagraph (A) and the manner in which students received the transportation to a local SAFE or SART exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit.
(C)For purposes of this subdivision subdivision, the following definitions apply:
(i)SAFE means a Sexual Assault Forensic Examination.
(ii)SART means a Sexual Abuse Response Team.
(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, providing information about violence that occurs between individuals with a current or previous intimate or dating relationship.
(3)For purposes of this subdivision, incoming students includes, but is not necessarily limited to, graduate, transfer, and international students, with a special consideration of their different needs, interactions, and engagements with their campuses.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.(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 the person 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)(1)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 and domestic violence centers, to refer students for assistance or make services available to students, including administering SAFE Kits, sexual assault forensic medical evidence kits, counseling, health, mental health, victim advocacy, and legal assistance, and including resources for the accused.
(2)(A)(i)In order to receive state funds for student financial assistance, if the SAFE Kit sexual assault forensic medical evidence kit is not administered on campus pursuant to agreements entered into pursuant to paragraph (1), 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 provide to students free of charge, and, to the extent possible, in a manner that protects student confidentiality, transportation to and from a rape crisis center for a medical examiner to administer the SAFE Kit at the center. local SAFE or SART exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit.
(ii)Transportation services described in clause (i) shall be funded by the institution or as part of the services that the rape crisis center provides pursuant to the memoranda of understanding, agreement, or collaborative partnership described in paragraph (1). Transportation services described in clause (i) may include a campus health center staff member transporting the student to and from a rape crisis center for a medical examiner to administer the SAFE Kit at the center. local SAFE or SART exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit.
(B)In order to receive state funds for student financial assistance, on or before June 30, 2025, and on or before each June 30 thereafter, the governing board of each community colleges district, the Trustees of the California State University, the Regents of the University of California, and the appropriate governing bodies of each independent institution of higher education shall submit a report to the Legislature, pursuant to Section 9795 of the Government Code, on whether their respective institutions have provided transportation to students pursuant to subparagraph (A) and the manner in which students received the transportation to the rape crisis center for a medical examiner to administer the SAFE Kit at the center. a local SAFE or SART exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit.
(C)For purposes of this subdivision, SAFE Kit means the subdivision the following definitions apply:
(i)SAFE means a Sexual Assault Forensic Examination Kit. Examination.
(ii)SART means a Sexual Abuse Response Team.
(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, providing information about violence that occurs between individuals with a current or previous intimate or dating relationship.
(3)For purposes of this subdivision, incoming students includes, but is not necessarily limited to, graduate, transfer, and international students, with a special consideration of their different needs, interactions, and engagements with their campuses.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(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 the person 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)(1)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 and domestic violence centers, to refer students for assistance or make services available to students, including administering SAFE Kits, counseling, health, mental health, victim advocacy, and legal assistance, and including resources for the accused.
(2)(A)(i)In order to receive state funds for student financial assistance, if the SAFE Kit is not administered on campus pursuant to agreements entered into pursuant to paragraph (1), 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 provide to students free of charge, and, to the extent possible, in a manner that protects student anonymity, confidentiality, transportation to and from a rape crisis center for a medical examiner to administer the SAFE Kit at the center. Transportation services may include a campus health center staff member transporting the student to and from a rape crisis center for a medical examiner to administer the SAFE Kit at the center.
(ii)Notwithstanding clause (i), 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 may fund transportation services for a medical examiner to travel to the campus to administer the SAFE Kit on campus for the student.(iii)The student may select the transportation service provided pursuant to this subparagraph of the students choice.(B)(i)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 create a statewide stakeholder workgroup comprised of seven members as follows:(I)One Title IX coordinator appointed by the Chancellor of the California Community Colleges.(II)One Title IX coordinator appointed by the Chancellor of the California State University.(III)One Title IX coordinator appointed by the President of the University of California.(IV)One Title IX coordinator appointed by the President of the Association of Independent California Colleges and Universities.(V)One student with experience in sexual violence and sexual assault prevention advocacy or with personal identification or belonging in this network who is enrolled at a California Community College and appointed by the Chancellor of the California Community Colleges.(VI)One student with experience in sexual violence and sexual assault prevention advocacy or with personal identification or belonging in this network who is enrolled at the California State University and appointed by the Chancellor of the California State University.(VII)One student with experience in sexual violence and sexual assault prevention advocacy or with personal identification or belonging in this network who is enrolled at the University of California and appointed by the President of the University of California.(ii)Within nine months of its first meeting, the statewide stakeholder workgroup shall report to the Legislature, pursuant to Section 9795 of the Government Code, on the effectiveness and costs of the transportation services provided pursuant to this subdivision in accessing the SAFE Kit for students and recommendations on how to improve accessibility to the SAFE Kit for students.(ii)Transportation services described in clause (i) shall be funded by the institution or as part of the services that the rape crisis center provides pursuant to the memoranda of understanding, agreement, or collaborative partnership described in paragraph (1). Transportation services described in clause (i) may include a campus health center staff member transporting the student to and from a rape crisis center for a medical examiner to administer the SAFE Kit at the center.
(B)In order to receive state funds for student financial assistance, on or before June 30, 2025, and on or before each June 30 thereafter, the governing board of each community colleges district, the Trustees of the California State University, the Regents of the University of California, and the appropriate governing bodies of each independent institution of higher education shall submit a report to the Legislature, pursuant to Section 9795 of the Government Code, on whether their respective institutions have provided transportation to students pursuant to subparagraph (A) and the manner in which students received the transportation to the rape crisis center for a medical examiner to administer the SAFE Kit at the center.
(C)For purposes of this subdivision, SAFE Kit means the Sexual Assault Forensic Examination Kit.
(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, providing information about violence that occurs between individuals with a current or previous intimate or dating relationship.
(3)For purposes of this subdivision, incoming students includes, but is not necessarily limited to, graduate, transfer, and international students, with a special consideration of their different needs, interactions, and engagements with their campuses.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(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 the person 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)(1)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 and domestic violence 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.
(2)(A)(i)In order to receive state funds for student financial assistance, if the SAFE Kit is not administered on campus pursuant to agreements entered into pursuant to paragraph (1), 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 provide to students free of charge, and, to the extent possible, in a manner that protects student anonymity, transportation to and from a rape crisis center for a medical examiner to administer the SAFE Kit at the center. Transportation services may include a campus health center staff member transporting the student to and from a rape crisis center for a medical examiner to administer the SAFE Kit at the center.
(ii)Notwithstanding clause (i), 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 may fund transportation services for a medical examiner to travel to the campus to administer the SAFE Kit on campus for the student.
(iii)The student may select the transportation service provided pursuant to this subparagraph of the students choice.
(B)(i)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 create a statewide stakeholder workgroup comprised of seven members as follows:
(I)One Title IX coordinator appointed by the Chancellor of the California Community Colleges.
(II)One Title IX coordinator appointed by the Chancellor of the California State University.
(III)One Title IX coordinator appointed by the President of the University of California.
(IV)One Title IX coordinator appointed by the President of the Association of Independent California Colleges and Universities.
(V)One student with experience in sexual violence and sexual assault prevention advocacy or with personal identification or belonging in this network who is enrolled at a California Community College and appointed by the Chancellor of the California Community Colleges.
(VI)One student with experience in sexual violence and sexual assault prevention advocacy or with personal identification or belonging in this network who is enrolled at the California State University and appointed by the Chancellor of the California State University.
(VII)One student with experience in sexual violence and sexual assault prevention advocacy or with personal identification or belonging in this network who is enrolled at the University of California and appointed by the President of the University of California.
(ii)Within nine months of its first meeting, the statewide stakeholder workgroup shall report to the Legislature, pursuant to Section 9795 of the Government Code, on the effectiveness and costs of the transportation services provided pursuant to this subdivision in accessing the SAFE Kit for students and recommendations on how to improve accessibility to the SAFE Kit for students.
(C)For purposes of this subdivision, SAFE Kit means the Sexual Assault Forensic Examination Kit.
(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, providing information about violence that occurs between individuals with a current or previous intimate or dating relationship.
(3)For purposes of this subdivision, incoming students includes, but is not necessarily limited to, graduate, transfer, and international students, with a special consideration of their different needs, interactions, and engagements with their campuses.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 89032 of the Education Code is amended to read:89032.(a)It is the intent of the Legislature that students of the California State University acquire the knowledge and skills that will help them comprehend the diversity and social justice history of the United States and of the society in which they live to enable them to contribute to that society as responsible and constructive citizens.(b)Commencing with the 202122 academic year, the California State University shall provide for courses in ethnic studies at each of its campuses.(c)The California State University shall collaborate with the California State University Council on Ethnic Studies and the Academic Senate of the California State University to develop core competencies to be achieved by students who complete an ethnic studies course pursuant to the implementation of this section. The council and the academic senate shall approve the core competencies before commencement of the 202122 academic year.(d)Commencing with students graduating in the 202425 academic year, the California State University shall require, as an undergraduate graduation requirement, the completion of, at minimum, one three-unit course in ethnic studies. The university shall not increase the number of units required to graduate from the university with a baccalaureate degree by the enforcement of this requirement. This graduation requirement shall not apply to a postbaccalaureate student who is enrolled in a baccalaureate degree program at the university if the student has satisfied either of the following:(1)The student has earned a baccalaureate degree from an institution accredited by a regional accrediting agency.(2)The student has completed an ethnic studies course at a postsecondary educational institution accredited by a regional accrediting agency.(a)It is the intent of the Legislature that students of the California State University acquire the knowledge and skills that will help them comprehend the diversity and social justice history of the United States and of the society in which they live to enable them to contribute to that society as responsible and constructive citizens.
(b)Commencing with the 202122 academic year, the California State University shall provide for courses in ethnic studies at each of its campuses.
(c)The California State University shall collaborate with the California State University Council on Ethnic Studies and the Academic Senate of the California State University to develop core competencies to be achieved by students who complete an ethnic studies course pursuant to the implementation of this section. The council and the academic senate shall approve the core competencies before commencement of the 202122 academic year.
(d)Commencing with students graduating in the 202425 academic year, the California State University shall require, as an undergraduate graduation requirement, the completion of, at minimum, one three-unit course in ethnic studies. The university shall not increase the number of units required to graduate from the university with a baccalaureate degree by the enforcement of this requirement. This graduation requirement shall not apply to a postbaccalaureate student who is enrolled in a baccalaureate degree program at the university if the student has satisfied either of the following:
(1)The student has earned a baccalaureate degree from an institution accredited by a regional accrediting agency.
(2)The student has completed an ethnic studies course at a postsecondary educational institution accredited by a regional accrediting agency.
|
Date
|
Status
|
|---|---|
| Oct 8, 2023 | Chaptered by Secretary of State - Chapter 564, Statutes of 2023. |
| Oct 8, 2023 | Approved by the Governor. |
| Sep 21, 2023 | Enrolled and presented to the Governor at 3:30 p.m. |
| Sep 13, 2023 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 3424.). |
| Sep 12, 2023 | In Assembly. Concurrence in Senate amendments pending. |
| Sep 12, 2023 | Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2665.). |
| Sep 11, 2023 | Read second time. Ordered to third reading. |
| Sep 8, 2023 | Read third time and amended. Ordered to second reading. |
| Sep 5, 2023 | Read second time. Ordered to third reading. |
| Sep 1, 2023 | Read second time and amended. Ordered returned to second reading. |
| Sep 1, 2023 | From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (September 1). |
| Jul 3, 2023 | In committee: Referred to APPR suspense file. |
| Jun 21, 2023 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 21). Re-referred to Com. on APPR. |
| Jun 12, 2023 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on ED. |
| Jun 7, 2023 | Referred to Com. on ED. |
| May 31, 2023 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 30, 2023 | Read third time. Passed. Ordered to the Senate. (Ayes 80. Noes 0. Page 1928.) |
| May 22, 2023 | Read second time. Ordered to third reading. |
| May 18, 2023 | Read second time and amended. Ordered returned to second reading. |
| May 18, 2023 | From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (May 18). |
| Apr 26, 2023 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 17, 2023 | Re-referred to Com. on APPR. |
| Apr 13, 2023 | Read second time and amended. |
| Apr 12, 2023 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (April 11). |
| Apr 3, 2023 | Re-referred to Com. on HIGHER ED. |
| Mar 30, 2023 | From committee chair, with author's amendments: Amend, and re-refer to Com. on HIGHER ED. Read second time and amended. |
| Mar 13, 2023 | Re-referred to Com. on HIGHER ED. |
| Mar 9, 2023 | Referred to Com. on HIGHER ED. |
| Mar 9, 2023 | From committee chair, with author's amendments: Amend, and re-refer to Com. on HIGHER ED. Read second time and amended. |
| Feb 16, 2023 | From printer. May be heard in committee March 18. |
| Feb 15, 2023 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 13, 2023 | AB 1138 Weber Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 12, 2023 | Assembly 3rd Reading AB1138 Weber et al. By Limón | Senate Floor |
Passed |
|
| Sep 1, 2023 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 3, 2023 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 21, 2023 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Education |
Passed |
|
| May 30, 2023 | AB 1138 Weber Assembly Third Reading | Assembly Floor |
Passed |
|
| May 18, 2023 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 11, 2023 | Do pass as amended 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
|
|---|---|---|
| Alliance for Girls | ** Support | |
| Association of Independent California Colleges and Universities | * Support | Apr 11, 2023 |
| California Association Of Christian Colleges And Universities | ** Support | |
| California Faculty Association | ** Support | |
| California Sexual Assault Forensic Examiners Association | ** Support | |
| California Teachers Association | ** Support | |
| Generation Up | ** Support | |
| Ignite | ** Support | |
| Rape, Abuse, & Incest National Network | ** Support | |
| University Of California Student Association | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1138
Author:(Weber)
As Amended Ver:September 8, 2023
Majority vote
SUMMARY
Requires campuses of the California State University (CSU) and the University of California (UC), to provide students with information on how to a sexual assault forensic exam (SAFE) kit and beginning in the 2025-26 school year, transportation to and from a local SAFE or Sexual Abuse Response Team (SART) exam center for the SAFE kit to be administered.
Senate Amendments
Stipulate the CSU and the UC will provide information to students, who seek assistance after experiencing sexual violence, information on how to obtain a SAFE kit, and how to access transportation to a SAFE examination site. Authorizes beginning in the 2025-26 school year, for the CSU and the UC to provide transportation to students who request and are eligible to obtain a SAFE kit from a SAFE examination site and provides clarity on that entities are permitted to provide the transportation. Finally, the amendments delay the start date for the required report to June 30, 2026, and change the report from an annual report to biennially.
COMMENTS
Sexual assault and sexual harassment on college campuses. In 2007, The Campus Sexual Assault Study, prepared for the United States (U.S.) Department of Justice, stated that one in five women are sexually assaulted while in college. In 2020, the Association of American Universities published the results of two surveys conducted in 2015 and in 2019 which examined the prevalence of sexual assault and misconduct at colleges and universities throughout the United States. The surveys found the following:
- The rate of nonconsensual sexual contact by physical force or inability to consent for undergraduate women ranged from 14% to 32%;
- The rate of nonconsensual sexual contact by physical force or inability to consent increased from 2015 to 2019 by 3 percentage points for undergraduate women and 2.4 percentage points for undergraduate men.
- Among all students 41.8% reported experiencing at least one sexually harassing behavior since enrolling in college.
- 37.1% of students felt they were very or extremely knowledgeable about the definition of sexual assault and where to get help, but only 31.5% felt they knew how to report it.
Since 1990, due to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act or Clery Act, all colleges and universities who receive any federal funding must submit a report once a year disclosing information about certain crimes, including: the prevalence of stalking, intimidation, dating violence, domestic violence, sexual assault and hate crimes that occur on or around the campus. The data provided by these reports is available to the public disaggregated by campus on the U.S. Department of Education website under the Campus and Security database. In 2021, California had 659 institutions with a total of 1,024 campuses that provided crime data to the U.S. Department of Education. In 2021 there were 445 rapes, 404 incidents of fondling, 22 statutory rapes, 352 incidents of domestic violence, 168 incidents of dating violence, and 408 incidents of stalking reported that occurred on or new California postsecondary education campuses. Committee staff notes the above figures are only reported incidents of sexual violence and sexual assault and do not account for any unreported cases which occur on college campuses throughout the state.
Action taken to prevent sexual harassment and sexual violence on campus. Since the enactment of the Clery Act in 1990 and Title IX in 1972, which prohibits sex discrimination and sexual harassment on postsecondary campuses, various subsequent pieces of state and federal legislation have been enacted to instill protections for survivors of sexual harassment and sexual violence. Beginning chronologically:
- California - AB 1825 (Reyes), Chapter 933, Statues of 2005, required employers with more than 50 employees to provide two hours of training and education regarding sexual harassment to supervisors every two years. SB 396 (Lara), Chapter 858, Statutes of 2017, changed this requirement to include that businesses, of five or more employees, provide sexual harassment training to all employees and stipulated the training would be conducted every two years. This also applies to all postsecondary education institutions in the state who employ more than five employees.
- California - AB 1088 (Oropeza), Chapter 647, Statutes of 2005, required the CCC, the CSU, and requested the UC to undertake various activities to provide students with educational and prevention information regarding sexual violence. This included providing specified information during campus orientation and on the campus website. AB 2683 (Gabriel), Chapter 798, Statute of 2022 built upon this requirement by specifying that the CCC, the CSU, independent institutions of higher education, and private for-profits are required, and the UC is requested, to provide annual sexual harassment and sexual violence beginning in the 2024 fall semester.
- Federal – S. 47 (Leahy), Public law 113-4, Violence Against Women (VAWA) Reauthorization Act of 2013 and subsequent regulations as established by the Federal Registrar 79FR 62751, required postsecondary institutions to offer training to students, employees, and faculty of the institutions on the prevention of dating violence, domestic violence, sexual assault, and stalking. However, the statute and regulations do not require that all students or employees take or attend the training, it simply says that the institutions must offer them.
- California – SB 493 (Jackson), Chapter 303, Statute of 2020, required postsecondary education institutions to adopt rules and procedures for the prevention of sexual harassment and to adopt and post on their websites the grievance procedures to resolve complaints of sexual harassment.
- Federal – Proposed changes to the Title IX regulations. In June of 2022, the Biden Administration released new Title IX regulations. The proposed changes re-bench Title IX as protecting all students including, specific rules for pregnant students, LGBTQI+ students, and parenting students from sex discrimination and sexual harassment. The rules are expected to be finalized by the summer of 2023.
Sexual assault forensic medical evidence kit. As explained by the California Sexual Assault Forensic Examiners Association, sexual assault forensic medical evidence collection in California began in 1985, when the State enacted legislation requiring trained healthcare providers to use a standard state form and protocols issued by the California Office of Emergency Services for the handling of patients when collecting sexual assault forensic material. The State further required counties with a population of 100,000 or more to have trained personnel, on-call or on duty, to handle sexual assault cases and for counties with a population of one million or more, at least one trained exam team per million population is required. Examiners who complete the sexual assault forensic medical evidence examination may be: trained registered nurses, nurse practitioners, physician assistants, or physicians. Since then a myriad of changes has been made to the Penal Code regarding the handling of survivors of sexual assault in California. In 1995, the State established the California Clinical Forensic Medical Training Center to increase access to trained healthcare providers who could administer sexual assault forensic medical exams. In 2016, AB 1475 (Cooper), Chapter 210, Statute of 2016, authorized each county to establish an interagency sexual assault response (SART) team for the purpose of effectively addressing the problem of sexual assault in a given county. According to the California Sexual Assault Forensic Examiners Association, SART teams are community-based, multi-disciplinary teams comprised of law enforcement officers, prosecutors, criminalists, victim advocates, and sexual assault forensic exam teams (registered nurses, nurse practitioners, physician assistants, and physicians).
The State of California Department of Justice (DOJ) has authorized free sexual assault forensic medical exams and support to survivors. Survivors of sexual assault are entitled to a sexual assault forensic exam from a trained medical professional. The purpose of the exam is to collect forensic evidence for use in a criminal prosecution of the person who perpetrated the sexual assault, and should be done within five days of the attack. Completing the exam does not obligate the survivor to participate in the criminal prosecution of the perpetrator. Furthermore, according to the DOJ, every survivor of sexual assault has the right to have a support person with them at all phases of the medical and legal process including the exam and has the right to transportation to and from the medical examination. As delineated by the DOJ, local law enforcement are the primary method of assisting survivors in accessing the forensic exam and medical care. Additionally, rape crisis centers are available to help survivors obtain access to medical care, mental health services, legal aid, safe housing, and other services after a sexual assault, and there is at least one rape crisis center in each of the 58 counties in California.
According to the Author
As depicted by the author, "victims of sexual assault should have immediate assistance from organizations dedicated to providing resources and services. But for many college students, these resources are not located on campus. Some of the resources can be more than an hour away. This bill would help students who might not have access to a car or reliable transportation, receive the help they need after a sexual assault."
Arguments in Support
"We, the students of Generation Up, Inc. (GENup), a youth-led educational advocacy organization, proudly serve as the principal sponsor and writer of AB 1138, which mandates that CCC, the CSU, and requests that the UC, provide students with free and safe transportation to and from forensic exams in the aftermath of a sexual assault."
"To reduce barriers to receiving care, AB 1138 would mandate that all students have equal access to forensic services, thus increasing the reporting of sexual assaults and fostering an environment of support for survivors. Through AB 1138, we will continue to uplift survivors of sexual violence by removing barriers to care."
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Senate Appropriations Committee, this bill could result in additional, unknown General Fund costs for UC and CSU to provide transportation for students. A precise amount would depend on the number of students that request these services and whether additional staff would be needed to comply with this requirement. To the extent that campuses contract for transportation services, these costs could be lower. Additionally, the UC and CSU may incur ongoing General Fund costs, likely in the tens of thousands to low hundreds of thousands of dollars annually, to collect data from its campuses and submit a report to the Legislature.
VOTES:
ASM HIGHER EDUCATION: 12-0-0
YES: Mike Fong, Ta, Addis, Arambula, Gabriel, Irwin, Low, Ortega, Sanchez, Santiago, Wallis, Weber
ASM APPROPRIATIONS: 11-0-5
YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Weber, Ortega
ABS, ABST OR NV: Megan Dahle, Dixon, Mathis, Robert Rivas, Sanchez
ASSEMBLY FLOOR: 80-0-0
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones‑Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
UPDATED
VERSION: September 8, 2023
CONSULTANT: Ellen Cesaretti-Monroy / HIGHER ED. / (916) 319-3960 FN: 0002401
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1138 |
THIRD READING
Bill No: AB 1138
Author: Weber (D), et al.
Amended: 9/8/23 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE: 7-0, 6/21/23
AYES: Newman, Ochoa Bogh, Cortese, Glazer, McGuire, Smallwood-Cuevas, Wilk
SENATE APPROPRIATIONS COMMITTEE: 7-0, 9/1/23
AYES: Portantino, Jones, Ashby, Bradford, Seyarto, Wahab, Wiener
ASSEMBLY FLOOR: 80-0, 5/30/23 - See last page for vote
SUBJECT: Postsecondary education: sexual assault and sexual violence prevention: medical examinations transportation services
SOURCE: Generation Up
DIGEST:
This bill requires the California State University (CSU) and University of California (UC) to ensure specified actions are taken when a student who experiences sexual violence seeks support services from a campus or community-based organization pursuant to a memorandum of understanding, agreement or collaborative partnership. This bill further requires the CSU and UC to provide transportation to students who request and are eligible to obtain a sexual assault forensic medical exam, as specified
Senate Floor Amendments of 9/8/23 (1) strike reference to preference for certain types of transportation; (2) authorize transportation as specified if the student agrees to transportation; and, (3) strike the conditions on certain types of transportation.
ANALYSIS:
Existing law:
- 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, in order to receive state funds for student financial assistance, 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. (Education Code (EC) § 67386)
- 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. Existing law requires the policies and protocols to cover specified components. (EC § 67386)
- Enter into memoranda of understanding, agreements, or collaborative partnerships (to the extent feasible) with existing on-campus and community-based organizations, including rape crisis centers and domestic violence 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. (EC § 67386)
- Implement comprehensive prevention and outreach programs addressing sexual violence, domestic violence, dating violence, and stalking. Existing law requires a comprehensive prevention program to 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. Existing law requires outreach programs to be provided to make students aware of the institution’s policy on sexual assault, domestic violence, dating violence, and stalking. Existing law requires outreach programming to be included as part of every incoming student’s orientation. (EC § 67386)
This bill:
- Requires, in order to receive state funds for student financial assistance, the Trustees of the CSU and the Regents of the UC, to the extent feasible, to ensure that when a student who experiences sexual violence seeks support services from a campus or community-based organization pursuant to a memorandum of understanding, agreement, or collaborative partnership, all of the following occurs:
- The student receives information about the student’s options and rights to obtain a sexual assault forensic medical examination.
- If the student is eligible to obtain a sexual assault forensic medical exam, the student receives information about the student’s right to be accompanied to the exam by a certified sexual assault counselor or support person of the student’s choosing, or both.
- If the student is eligible to obtain a sexual assault forensic medical exam, the student receives information about how to access transportation to an exam site including transportation options that can be provided by or arranged by the campus.
- The student receives information about the student’s options and rights to obtain a sexual assault forensic medical examination.
- Requires, beginning with the 2025-26 school year, the Trustees of the CSU and Regents of the UC, to the extent practicable and necessary, to provide to students who request and are eligible to obtain a sexual assault forensic medical exam, transportation to and from a Sexual Assault Forensic Examination (SAFE) or Sexual Abuse Response Team (SART) exam center for a qualified health care provider to administer a sexual assault forensic medical evidence kit.
- Requires all of the following to apply to the provision of transportation services, to the extent practicable:
- Transportation shall be provided without charge and in a manner that protects student safety and confidentiality.
- Transportation may include, but is not limited to, transportation by any of the following, if the student agrees to the transportation:
- A staff member of a SAFE exam center, SART exam center, rape crisis center, or community-based organization that is under a contract, memorandum of understanding, agreement, or collaborative partnership.
- The campus.
- Ride share services. If offering ride share services, campuses shall prioritize the use of ride share platforms that support the federal Health Insurance Portability and Accountability Act.
- Law enforcement. This does not require a student to accept transportation by law enforcement. Campuses shall establish at least one option for transportation that is not in a law enforcement vehicle.
- A staff member of a SAFE exam center, SART exam center, rape crisis center, or community-based organization that is under a contract, memorandum of understanding, agreement, or collaborative partnership.
- Transportation shall be provided without charge and in a manner that protects student safety and confidentiality.
- Requires, in order to receive state funds for student financial assistance, on or before June 30, 2026, and biennially thereafter, the Trustees of the CSU and the Regents of the UC to submit a report to the Legislature on whether their respective institutions have provided transportation to students and the manner in which students received the transportation to a local SAFE or SART exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit.
- Defines the following:
- “SAFE” means a Sexual Assault Forensic Examination.
- “SART” means a Sexual Abuse Response Team.
- “SAFE” means a Sexual Assault Forensic Examination.
Comments
Need for the bill. According to the author, “Victims of sexual assault should have immediate assistance from organizations dedicated to provide resources and services. But for many college students these resources are not located on campus. Some of the resources can be more than an hour away. This bill would help students who might not have access to a car or reliable transportation, receive the help they need after a sexual assault.”
Expands services to students. Existing law 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, in order to receive state funds for student financial assistance, to enter into memoranda of understanding, agreements, or collaborative partnerships (to the extent feasible) with existing on-campus and community-based organizations, including rape crisis centers and domestic violence 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. This bill adds to those services the administration of sexual assault forensic medical evidence kits, or transportation to and from a center for the administration of a sexual assault forensic medical evidence kit.
Access to sexual assault forensic medical evidence kits. Sexual assault forensic evidence kits must be administered by a qualified health care provider. As noted in the Assembly Higher Education Committee’s analysis, while the majority of CSU and UC campuses have a health center, not every campus has a qualified medical examiner on staff who can administer the sexual assault forensic evidence kit.
Existing law requires CSU campuses to provide information on their websites about campus and community resources to those who are victims of sexual violence and sexual assault. While not required by state law, each campus of the UC also provides information on campus and community resources to victims of sexual assault and sexual violence. Furthermore, at each campus of the CSU and the UC, there are designated staff who provide confidential emotional support and assistance to students who are experiencing sexual harassment, sexual assault, or sexual violence. These staff are known as Campus Advocacy, Resources & Education (CARE) advocates at the UC and as campus advocates at the CSU. Based on the information provided by the CSU and UC, only a few UC campuses offer transportation to students who require a sexual assault forensic evidence kit. Furthermore, the advocates who are provided on campus are not available 24/7 and therefore often address emergency situations such as sexual assaults to the local or campus police force.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee, “[t]his bill could result in additional, unknown General Fund costs for UC and CSU to provide transportation for students. A precise amount would depend on the number of students that request these services and whether additional staff would be needed to comply with this requirement. To the extent that campuses contract for the transportation services, these costs could be lower. Additionally, the UC and CSU may incur ongoing General Fund costs, likely in the tens of thousands to low hundreds of thousands of dollars annually, to collect data from its campuses and submit a report to the Legislature.”
SUPPORT: (Verified 9/8/23)
Generation Up (source)
Alliance for Girls
California Association of Christian Colleges and Universities
California Faculty Association
California Sexual Assault Forensic Examiner Association
California Teachers Association
Ignite
Rape, Abuse, & Incest National Network
University of California Student Association
OPPOSITION: (Verified 9/8/23)
None received
ASSEMBLY FLOOR: 80-0, 5/30/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
Prepared by: Lynn Lorber / ED. / (916) 651-4105
9/11/23 17:59:37
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1138 |
THIRD READING
Bill No: AB 1138
Author: Weber (D), et al.
Amended: 9/1/23 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE: 7-0, 6/21/23
AYES: Newman, Ochoa Bogh, Cortese, Glazer, McGuire, Smallwood-Cuevas, Wilk
SENATE APPROPRIATIONS COMMITTEE: 7-0, 9/1/23
AYES: Portantino, Jones, Ashby, Bradford, Seyarto, Wahab, Wiener
ASSEMBLY FLOOR: 80-0, 5/30/23 - See last page for vote
SUBJECT: Postsecondary education: sexual assault and sexual violence prevention: medical examinations transportation services
SOURCE: Generation Up
DIGEST:
This bill requires the California State University (CSU) and University of California (UC) to ensure specified actions are taken when a student who experiences sexual violence seeks support services from an on-campus or community-based organization pursuant to a memoranda of understanding, agreement or collaborative partnership. This bill further requires the CSU and UC to provide transportation to students who consent and are eligible to obtain a sexual assault forensic medical exam, as specified.
ANALYSIS: Existing law 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, in order to receive state funds for student financial assistance, 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. (Education Code (EC) § 67386)
- 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. Existing law requires the policies and protocols to cover specified components. (EC § 67386)
- Enter into memoranda of understanding, agreements, or collaborative partnerships (to the extent feasible) with existing on-campus and community-based organizations, including rape crisis centers and domestic violence 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. (EC § 67386)
- Implement comprehensive prevention and outreach programs addressing sexual violence, domestic violence, dating violence, and stalking. Existing law requires a comprehensive prevention program to 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. Existing law requires outreach programs to be provided to make students aware of the institution’s policy on sexual assault, domestic violence, dating violence, and stalking. Existing law requires outreach programming to be included as part of every incoming student’s orientation. (EC § 67386)
This bill:
- Requires, in order to receive state funds for student financial assistance, the Trustees of the CSU and the Regents of the UC, to the extent feasible, to ensure that when a student who experiences sexual violence seeks support services from an on-campus or community-based organization pursuant to a memoranda of understanding, agreement, or collaborative partnership, all of the following occurs:
- The student receives information about the student’s options and rights to obtain a sexual assault forensic medical examination.
- If the student is eligible to obtain a sexual assault forensic medical exam, the student receives information about the student’s right to be accompanied to the exam by a certified sexual assault counselor or support person of the student’s choosing, or both.
- If the student is eligible to obtain a sexual assault forensic medical exam, the student receives information about how to access transportation to an exam site including transportation options that can be provided by or arranged by the campus.
- The student receives information about the student’s options and rights to obtain a sexual assault forensic medical examination.
- Requires, beginning with the 2025-26 school year, the Trustees of the CSU and Regents of the UC, to the extent practicable and necessary, to provide to students who consent and are eligible to obtain a sexual assault forensic medical exam, transportation to and from a Sexual Assault Forensic Examination (SAFE) or Sexual Abuse Response Team (SART) exam center for a qualified health care provider to administer a sexual assault forensic medical evidence kit.
- Requires all of the following to apply to the provision of transportation services, to the extent practicable:
- Transportation shall be provided without charge and in a manner that protects student safety and confidentiality.
- Subject to c) below, preference shall be given to transportation provided by either of the following:
- A staff member of a SAFE exam center, SART exam center, rape crisis center, or community-based organization that is under a contract, memoranda of understanding, agreement, or collaborative partnership.
- The campus.
- A staff member of a SAFE exam center, SART exam center, rape crisis center, or community-based organization that is under a contract, memoranda of understanding, agreement, or collaborative partnership.
- If the student does not consent to the transportation, upon the student’s consent, transportation may be provided by either of the following:
- Transportation provided by ride share services. If offering ride share services, campuses shall prioritize the use of ride share platforms that support the federal Health Insurance Portability and Accountability Act of 1996.
- Transportation provided by law enforcement. Provides that this does not require a student to accept transportation by law enforcement, and requires campuses to establish at least one option for transportation that is not in a law enforcement vehicle.
- Transportation provided by ride share services. If offering ride share services, campuses shall prioritize the use of ride share platforms that support the federal Health Insurance Portability and Accountability Act of 1996.
- Transportation shall be provided without charge and in a manner that protects student safety and confidentiality.
- Requires, in order to receive state funds for student financial assistance, on or before June 30, 2026, and biennially thereafter, the Trustees of the CSU and the Regents of the UC to submit a report to the Legislature on whether their respective institutions have provided transportation to students and the manner in which students received the transportation to a local SAFE or SART exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit.
- Defines the following:
- “SAFE” means a Sexual Assault Forensic Examination.
- “SART” means a Sexual Abuse Response Team.
- “SAFE” means a Sexual Assault Forensic Examination.
Comments
Need for the bill. According to the author, “Victims of sexual assault should have immediate assistance from organizations dedicated to provide resources and services. But for many college students these resources are not located on campus. Some of the resources can be more than an hour away. This bill would help students who might not have access to a car or reliable transportation, receive the help they need after a sexual assault.”
Expands services to students. Existing law 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, in order to receive state funds for student financial assistance, to enter into memoranda of understanding, agreements, or collaborative partnerships (to the extent feasible) with existing on-campus and community-based organizations, including rape crisis centers and domestic violence 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. This bill adds to those services the administration of sexual assault forensic medical evidence kits, or transportation to and from a center for the administration of a sexual assault forensic medical evidence kit.
Access to sexual assault forensic medical evidence kits. Sexual assault forensic evidence kits must be administered by a qualified health care provider. As noted in the Assembly Higher Education Committee’s analysis, while the majority of CSU and UC campuses have a health center, not every campus has a qualified medical examiner on staff who can administer the sexual assault forensic evidence kit.
Existing law requires CSU campuses to provide information on their websites about campus and community resources to those who are victims of sexual violence and sexual assault. While not required by state law, each campus of the UC also provides information on campus and community resources to victims of sexual assault and sexual violence. Furthermore, at each campus of the CSU and the UC, there are designated staff who provide confidential emotional support and assistance to students who are experiencing sexual harassment, sexual assault, or sexual violence. These staff are known as Campus Advocacy, Resources & Education (CARE) advocates at the UC and as campus advocates at the CSU. Based on the information provided by the CSU and UC, only a few UC campuses offer transportation to students who require a sexual assault forensic evidence kit. Furthermore, the advocates who are provided on campus are not available 24/7 and therefore often address emergency situations such as sexual assaults to the local or campus police force.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee, “[t]his bill could result in additional, unknown General Fund costs for UC and CSU to provide transportation for students. A precise amount would depend on the number of students that request these services and whether additional staff would be needed to comply with this requirement. To the extent that campuses contract for the transportation services, these costs could be lower. Additionally, the UC and CSU may incur ongoing General Fund costs, likely in the tens of thousands to low hundreds of thousands of dollars annually, to collect data from its campuses and submit a report to the Legislature.”
SUPPORT: (Verified 9/1/23)
Generation Up (source)
Alliance for Girls
California Association of Christian Colleges and Universities
California Faculty Association
California Sexual Assault Forensic Examiner Association
California Teachers Association
Ignite
Rape, Abuse, & Incest National Network
University of California Student Association
OPPOSITION: (Verified 9/1/23)
None received
ASSEMBLY FLOOR: 80-0, 5/30/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
Prepared by: Lynn Lorber / ED. / (916) 651-4105
9/5/23 9:42:35
**** END ****
SENATE COMMITTEE ON
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
AB 1138 (Weber) - Postsecondary education: sexual assault and sexual violence prevention: transportation services
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
This bill requires the California State University (CSU) and University of California (UC) to include administration of sexual assault forensic medical evidence kits in the services referred or made available to students, or provide free transportation to and from an exam center to administer the sexual assault forensic medical evidence kit.
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on September 1, 2023
Fiscal Impact:
This bill could result in additional, unknown General Fund costs for UC and CSU to provide transportation for students. A precise amount would depend on the number of students that request these services and whether additional staff would be needed to comply with this requirement. To the extent that campuses contract for the transportation services, these costs could be lower. Additionally, the UC and CSU may incur ongoing General Fund costs, likely in the tens of thousands to low hundreds of thousands of dollars annually, to collect data from its campuses and submit a report to the Legislature.
Author Amendments:
Allow additional methods for UC and CSU to provide transportation for students and delay implementation of the bill’s requirements.
Committee Amendments:
Add Senator Portantino as a principal coauthor.
-- END --
SENATE COMMITTEE ON
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
AB 1138 (Weber) - Postsecondary education: sexual assault and sexual violence prevention: transportation services
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
This bill requires the California State University (CSU) and University of California (UC) to include administration of sexual assault forensic medical evidence kits in the services referred or made available to students, or provide free transportation to and from an exam center to administer the sexual assault forensic medical evidence kit.
Fiscal Impact:
This bill could result in additional, unknown General Fund costs for UC and CSU to provide transportation for students. A precise amount would depend on the number of students that request these services and whether additional staff would be needed to comply with this requirement. It is unclear whether staff would need to be available 24 hours a day which could impact the cost. To the extent that campuses contract for the transportation services, the bill’s costs could be lower. Additionally, the UC and CSU may incur ongoing General Fund costs, likely in the tens of thousands to low hundreds of thousands of dollars annually, to collect data from its campuses and submit a report to the Legislature.
Background:
Existing law 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, in order to receive state funds for student financial assistance, 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.
- 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. Existing law requires the policies and protocols to cover specified components.
- Enter into memoranda of understanding, agreements, or collaborative partnerships (to the extent feasible) with existing on-campus and community-based organizations, including rape crisis centers and domestic violence 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.
- Implement comprehensive prevention and outreach programs addressing sexual violence, domestic violence, dating violence, and stalking. Existing law requires a comprehensive prevention program to 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. Existing law requires outreach programs to be provided to make students aware of the institution’s policy on sexual assault, domestic violence, dating violence, and stalking. Existing law requires outreach programming to be included as part of every incoming student’s orientation.
Proposed Law:
This bill requires, in order to receive state funds for student financial assistance, the Trustees of the CSU and the Regents of the UC, to the extent feasible, include administration of sexual assault forensic medical evidence kits in the services referred or made available to students.
This bill provides that, in order to receive state funds for student financial assistance, if the sexual assault forensic medical evidence kit is not administered on campus pursuant to agreements entered into, the Trustees of the CSU and the Regents of the UC shall provide to students free of charge, and, to the extent possible, in a manner that protects student confidentiality, transportation to and from a local SAFE or SART exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit.
This bill requires transportation services to be funded by the institution or as part of the services that the rape crisis center provides pursuant to the memoranda of understanding, agreement, or collaborative partnership. It authorizes transportation services to include a staff member of a campus health center or a staff member of a local SAFE exam center, SART exam center, or rape crisis center that is under a contract, memoranda of understanding, agreement, or collaborative partnership transporting the student to and from a local SAFE or SART exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit. The bill prohibits transportation services from including transportation by law enforcement or ride share services.
This bill requires, in order to receive state funds for student financial assistance, on or before June 30, 2025, and on or before each June 30 thereafter, the Trustees of the CSU and the Regents of the UC to submit a report to the Legislature on whether their respective institutions have provided transportation to students and the manner in which students received the transportation to a local SAFE or SART exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit.
-- END --
SENATE COMMITTEE ON EDUCATION
Senator Josh Newman, Chair
2023 - 2024 Regular
Bill No: Hearing Date: June 21, 2023
Author: | Weber | ||
Version: |
| ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject: .
SUMMARY
This bill requires the California State University (CSU) and University of California (UC) to include administration of sexual assault forensic medical evidence kits in the services referred or made available to students, or provide free transportation to and from an exam center to administer the sexual assault forensic medical evidence kit.
BACKGROUND
Existing law 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, in order to receive state funds for student financial assistance, 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. (Education Code (EC) § 67386)
- 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. Existing law requires the policies and protocols to cover specified components. (EC § 67386)
- Enter into memoranda of understanding, agreements, or collaborative partnerships (to the extent feasible) with existing on-campus and community-based organizations, including rape crisis centers and domestic violence 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. (EC § 67386)
- Implement comprehensive prevention and outreach programs addressing sexual violence, domestic violence, dating violence, and stalking. Existing law requires a comprehensive prevention program to 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. Existing law requires outreach programs to be provided to make students aware of the institution’s policy on sexual assault, domestic violence, dating violence, and stalking. Existing law requires outreach programming to be included as part of every incoming student’s orientation. (EC § 67386)
ANALYSIS
This bill requires the CSU and UC to include administration of sexual assault forensic medical evidence kits in the services referred or made available to students, or provide free transportation to and from an exam center to administer the sexual assault forensic medical evidence kit. Specifically, this bill:
- Requires, in order to receive state funds for student financial assistance, the Trustees of the CSU and the Regents of the UC, to the extent feasible, include administration of sexual assault forensic medical evidence kits in the services referred or made available to students.
- Requires, in order to receive state funds for student financial assistance, if the sexual assault forensic medical evidence kit is not administered on campus pursuant to agreements entered into, the Trustees of the CSU and the Regents of the UC to provide to students free of charge, and, to the extent possible, in a manner that protects student confidentiality, transportation to and from a local SAFE or SART exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit.
- Requires transportation services to be funded by the institution or as part of the services that the rape crisis center provides pursuant to the memoranda of understanding, agreement, or collaborative partnership.
- Authorizes transportation services to include a staff member of a campus health center or a staff member of a local SAFE exam center, SART exam center, or rape crisis center that is under a contract, memoranda of understanding, agreement, or collaborative partnership transporting the student to and from a local SAFE or SART exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit.
- Prohibits transportation services from including transportation by law enforcement or ride share services.
- Requires, in order to receive state funds for student financial assistance, on or before June 30, 2025, and on or before each June 30 thereafter, the Trustees of the CSU and the Regents of the UC to submit a report to the Legislature on whether their respective institutions have provided transportation to students and the manner in which students received the transportation to a local SAFE or SART exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit.
- Defines the following:
- “SAFE” means a Sexual Assault Forensic Examination.
- “SART” means a Sexual Abuse Response Team.
- “SAFE” means a Sexual Assault Forensic Examination.
STAFF COMMENTS
- Need for the bill. According to the author, “Victims of sexual assault should have immediate assistance from organizations dedicated to provide resources and services. But for many college students these resources are not located on campus. Some of the resources can be more than an hour away. This bill would help students who might not have access to a car or reliable transportation, receive the help they need after a sexual assault.”
- Expands services to students. Existing law 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, in order to receive state funds for student financial assistance, to enter into memoranda of understanding, agreements, or collaborative partnerships (to the extent feasible) with existing on-campus and community-based organizations, including rape crisis centers and domestic violence 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. This bill adds to those services the administration of sexual assault forensic medical evidence kits, or transportation to and from a center for the administration of a sexual assault forensic medical evidence kit.
- Access to sexual assault forensic medical evidence kits. Sexual assault forensic evidence kits must be administered by a qualified health care provider. As noted in the Assembly Higher Education Committee’s analysis, while the majority of CSU and UC campuses have a health center, not every campus has a qualified medical examiner on staff who can administer the sexual assault forensic evidence kit.
Existing law requires CSU campuses to provide information on their websites about campus and community resources to those who are victims of sexual violence and sexual assault. While not required by state law, each campus of the UC also provides information on campus and community resources to victims of sexual assault and sexual violence. Furthermore, at each campus of the CSU and the UC, there are designated staff who provide confidential emotional support and assistance to students who are experiencing sexual harassment, sexual assault, or sexual violence. These staff are known as CARE advocates at the UC and as campus advocates at the CSU. Based on the information provided by the CSU and UC, only a few UC campuses offer transportation to students who require a sexual assault forensic evidence kit. Furthermore, the advocates who are provided on campus are not available 24/7 and therefore often address emergency situations such as sexual assaults to the local or campus police force. - Parameters. As noted in the Assembly Higher Education Committee analysis, this bill is silent as to how transportation to and from the medical exam can be provided to students in a safe and confidential manner. The bill does not address factors such as what should occur is a student is off-campus and calls for transportation, or what should transpire if the student is suffering from an injury that requires immediate medical attention, or who is liable if the transporting method is involved in an accident on the way to the medical exam. To what extent should CSU and UC be responsible for transporting victims of sexual assault?
- Fiscal impact. According to the Assembly Appropriations Committee, this bill would impose the following costs:
- Ongoing, General Fund costs to UC to provide transportation to students, including potentially hiring staff to provide transportation to students. Ongoing General Fund costs, likely in the tens of thousands of dollars annually, to the Regents of the UC to collect data from UC's 10 campuses annually and submit a report to the Legislature.
- Ongoing, potentially significant, General Fund costs to CSU to provide transportation to students, including potentially hiring staff to provide transportation to students. Ongoing General Fund costs, likely in the tens of thousands of dollars to low hundreds of thousands of dollars annually, to the Trustees of the CSU to collect data from CSU's 23 campuses and annually submit a report to the Legislature.
- Ongoing, General Fund costs to UC to provide transportation to students, including potentially hiring staff to provide transportation to students. Ongoing General Fund costs, likely in the tens of thousands of dollars annually, to the Regents of the UC to collect data from UC's 10 campuses annually and submit a report to the Legislature.
SUPPORT
Generation Up (Sponsor)
Alliance for Girls
California Association of Christian Colleges and Universities
California Faculty Association
California Sexual Assault Forensic Examiner Association
California Teachers Association
OPPOSITION
None received
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 1138
Author:(Weber)
As Amended Ver:May 18, 2023
Majority vote
SUMMARY
Requires campuses of the California State University (CSU) and the University of California (UC), to provide students access to a sexual assault forensic exam (SAFE) kit and transportation to a local SAFE or Sexual Abuse Response Team (SART) exam center for the SAFE kit to be administered.
Major Provisions
- Stipulates in order to receive state funds earmarked for student financial assistance, the CSU and the UC must provide the administration of SAFE kits as part of the services rendered to students through partnerships with on-campus and community-based organization, as defined.
- Clarifies if the SAFE kit is not administered on campus, the CSU or UC will provide transportation to and from a local SAFE or SART exam center for a qualified health care provider to administer the SAFE kit. The transportation will be provided in a manner that protects the students confidentiality and is offered free of charge to students. The transportation services will be funded by the institution or can be part of the services provided through a memorandum of understanding between the institution and the rape crisis center. The transportation may include a campus health center staff transporting the student to and from a rape crisis center.
- Requires by June 30, 2025, for each community college district, the trustees of the CSU, the regents of the UC, and the appropriate governing bodies of the independent postsecondary institutions will submit a report to the legislature on whether transportation in (1) was provided to students and the manner in which the students received the transportation to the rape crisis center.
- Defines SAFE Kit as a Sexual Assault Forensic Examination Kit and SART as a Sexual Abuse Response Team
COMMENTS
Sexual assault and sexual harassment on college campuses. In 2007, The Campus Sexual Assault Study, prepared for the United States (U.S.) Department of Justice, stated that one in five women are sexually assaulted while in college. In 2020, the Association of American Universities published the results of two surveys conducted in 2015 and in 2019 which examined the prevalence of sexual assault and misconduct at colleges and universities throughout the United States. The surveys found the following:
- The rate of nonconsensual sexual contact by physical force or inability to consent for undergraduate women ranged from 14% to 32%;
- The rate of nonconsensual sexual contact by physical force or inability to consent increased from 2015 to 2019 by 3 percentage points for undergraduate women and 2.4 percentage points for undergraduate men.
- Among all students 41.8% reported experiencing at least one sexually harassing behavior since enrolling in college.
- 37.1% of students felt they were very or extremely knowledgeable about the definition of sexual assault and where to get help, but only 31.5% felt they knew how to report it.
Since 1990, due to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act or Clery Act, all colleges and universities who receive any federal funding must submit a report once a year disclosing information about certain crimes, including: the prevalence of stalking, intimidation, dating violence, domestic violence, sexual assault and hate crimes that occur on or around the campus. The data provided by these reports is available to the public disaggregated by campus on the U.S. Department of Education website under the Campus and Security database. In 2021, California had 659 institutions with a total of 1,024 campuses that provided crime data to the US Department of Education. In 2021 there were 445 rapes, 404 incidents of fondling, 22 statutory rapes, 352 incidents of domestic violence, 168 incidents of dating violence, and 408 incidents of stalking reported that occurred on or new California postsecondary education campuses. Committee staff notes the above figures are only reported incidents of sexual violence and sexual assault and do not account for any unreported cases which occur on college campuses throughout the state.
Action taken to prevent sexual harassment and sexual violence on campus. Since the enactment of the Clery Act in 1990 and Title IX in 1972, which prohibits sex discrimination and sexual harassment on postsecondary campuses, various subsequent pieces of state and federal legislation have been enacted to instill protections for survivors of sexual harassment and sexual violence. Beginning chronologically:
- California - AB 1825 (Reyes), Chapter 933, Statues of 2005, required employers with more than 50 employees to provide two hours of training and education regarding sexual harassment to supervisors every two years. SB 396 (Lara), Chapter 858, Statutes of 2017, changed this requirement to include that businesses, of five or more employees, provide sexual harassment training to all employees and stipulated the training would be conducted every two years. This also applies to all postsecondary education institutions in the state who employ more than five employees.
- California - AB 1088 (Oropeza), Chapter 647, Statutes of 2005, required the CCC, the CSU, and requested the UC to undertake various activities to provide students with educational and prevention information regarding sexual violence. This included providing specified information during campus orientation and on the campus website. AB 2683 (Gabriel), Chapter 798, Statute of 2022 built upon this requirement by specifying that the CCC, the CSU, independent institutions of higher education, and private for-profits are required, and the UC is requested, to provide annual sexual harassment and sexual violence beginning in the 2024 fall semester.
- Federal – S. 47 (Leahy), Public law 113-4, Violence Against Women (VAWA) Reauthorization Act of 2013 and subsequent regulations as established by the Federal Registrar 79FR 62751, required postsecondary institutions to offer training to students, employees, and faculty of the institutions on the prevention of dating violence, domestic violence, sexual assault, and stalking. However, the statute and regulations do not require that all students or employees take or attend the training, it simply says that the institutions must offer them.
- California – SB 493 (Jackson), Chapter 303, Statute of 2020, required postsecondary education institutions to adopt rules and procedures for the prevention of sexual harassment and to adopt and post on their websites the grievance procedures to resolve complaints of sexual harassment.
- Federal – Proposed changes to the Title IX regulations. In June of 2022, the Biden Administration released new Title IX regulations. The proposed changes re-bench Title IX as protecting all students including, specific rules for pregnant students, LGBTQI+ students, and parenting students from sex discrimination and sexual harassment. The rules are expected to be finalized by the summer of 2023.
Sexual assault forensic medical evidence kit. As explained by the California Sexual Assault Forensic Examiners Association, sexual assault forensic medical evidence collection in California began in 1985, when the State enacted legislation requiring trained healthcare providers to use a standard state form and protocols issued by the California Office of Emergency Services for the handling of patients when collecting sexual assault forensic material. The State further required counties with a population of 100,000 or more to have trained personnel, on-call or on duty, to handle sexual assault cases and for counties with a population of one million or more, at least one trained exam team per million population is required. Examiners who complete the sexual assault forensic medical evidence examination may be: trained registered nurses, nurse practitioners, physician assistants, or physicians. Since then a myriad of changes has been made to the Penal Code regarding the handling of survivors of sexual assault in California. In 1995, the State established the California Clinical Forensic Medical Training Center to increase access to trained healthcare providers who could administer sexual assault forensic medical exams. In 2016, AB 1475 (Cooper), Chapter 210, Statute of 2016, authorized each county to establish an interagency sexual assault response (SART) team for the purpose of effectively addressing the problem of sexual assault in a given county. According to the California Sexual Assault Forensic Examiners Association, SART teams are community-based, multi-disciplinary teams comprised of law enforcement officers, prosecutors, criminalists, victim advocates, and sexual assault forensic exam teams (registered nurses, nurse practitioners, physician assistants, and physicians).
The State of California Department of Justice (DOJ) has authorized free sexual assault forensic medical exams and support to survivors. Survivors of sexual assault are entitled to a sexual assault forensic exam from a trained medical professional. The purpose of the exam is to collect forensic evidence for use in a criminal prosecution of the person who perpetrated the sexual assault, and should be done within five days of the attack. Completing the exam does not obligate the survivor to participate in the criminal prosecution of the perpetrator. Furthermore, according to the DOJ, every survivor of sexual assault has the right to have a support person with them at all phases of the medical and legal process including the exam and has the right to transportation to and from the medical examination. As delineated by the DOJ, local law enforcement are the primary method of assisting survivors in accessing the forensic exam and medical care. Additionally, rape crisis centers are available to help survivors obtain access to medical care, mental health services, legal aid, safe housing, and other services after a sexual assault, and there is at least one rape crisis center in each of the 58 counties in California.
According to the Author
As depicted by the author, "victims of sexual assault should have immediate assistance from organizations dedicated to providing resources and services. But for many college students, these resources are not located on campus. Some of the resources can be more than an hour away. This bill would help students who might not have access to a car or reliable transportation, receive the help they need after a sexual assault."
Arguments in Support
"We, the students of Generation Up, Inc. (GENup), a youth-led educational advocacy organization, proudly serve as the principal sponsor and writer of AB 1138, which mandates that CCC, the CSU, and requests that the UC, provide students with free and safe transportation to and from forensic exams in the aftermath of a sexual assault."
"To reduce barriers to receiving care, AB 1138 would mandate that all students have equal access to forensic services, thus increasing the reporting of sexual assaults and fostering an environment of support for survivors. Through AB 1138, we will continue to uplift survivors of sexual violence by removing barriers to care."
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Assembly Appropriations Committee:
- Ongoing, General Fund costs to UC to provide transportation to students, including potentially hiring staff to provide transportation to students. Ongoing General Fund costs, likely in the tens of thousands of dollars annually, to the Regents of the UC to collect data from UC's 10 campuses annually and submit a report to the Legislature.
- Ongoing, potentially significant, General Fund costs to CSU to provide transportation to students, including potentially hiring staff to provide transportation to students. Ongoing General Fund costs, likely in the tens of thousands of dollars to low hundreds of thousands of dollars annually, to the Trustees of the CSU to collect data from CSU's 23 campuses and annually submit a report to the Legislature.
VOTES
ASM HIGHER EDUCATION: 12-0-0
YES: Mike Fong, Ta, Addis, Arambula, Gabriel, Irwin, Low, Ortega, Sanchez, Santiago, Wallis, Weber
ASM APPROPRIATIONS: 11-0-5
YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Weber, Ortega
ABS, ABST OR NV: Megan Dahle, Dixon, Mathis, Robert Rivas, Sanchez
UPDATED
VERSION: May 18, 2023
CONSULTANT: Ellen Cesaretti-Monroy / HIGHER ED. / (916) 319-3960 FN: 0000793
Date of Hearing: April 26, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
ABPCA Bill Id:AB 1138
Author:(Weber) – As Amended Ver:April 13, 2023
Policy Committee: | Higher Education | Vote: | 12 - 0 |
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Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill requires, as a condition of receiving state funds for student financial assistance, campuses of the California Community Colleges (CCC), the California State University (CSU), the University of California (UC), and independent postsecondary institutions to provide students with free transportation to and from a local Sexual Assault Forensic Examination or a Sexual Abuse Response Team exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit, if a sexual assault forensic medical evidence kit is not administered on campus.
Specifically, this bill:
- Permits the required transportation to be funded either by the college or university campus or as part of services provided through a memorandum of understanding between the campus and the rape crisis center. The transportation may include a campus health center staff transporting the student to and from a rape crisis center. The transportation is to be, to the extent possible, in a manner that protects student confidentiality.
- Requires, as a condition of receiving state funds for student financial assistance, beginning June 30, 2025, and every year thereafter, each CCC district, the Trustees of the CSU, the Regents of the UC, and the appropriate governing bodies of the independent postsecondary institutions to submit a report to the Legislature on the transportation services it provided as a result of this bill.
FISCAL EFFECT:
- UC.
- Ongoing, General Fund costs to UC to provide transportation to students, including potentially hiring staff to provide transportation to students. Costs would depend on the number of students who request services, and other variables, described at the end of this section.
- Ongoing General Fund costs, likely in the tens of thousands of dollars annually, to the Regents of the UC to collect data from UC’s 10 campuses annually and submit a report to the Legislature.
- CSU.
- Ongoing, potentially significant, General Fund costs to CSU to provide transportation to students, including potentially hiring staff to provide transportation to students. Costs would depend on the number of students who request services, and other variables, described at the end of this section.
- Ongoing General Fund costs, likely in the tens of thousands of dollars to low hundreds of thousands of dollars annually, to the Trustees of the CSU to collect data from CSU’s 23 campuses and annually submit a report to the Legislature.
- CCC.
- Ongoing, potentially significant, Proposition 98 General Fund costs to CCC to provide transportation to students, including potentially hiring staff to provide transportation to students. Costs would depend on the number of students who request services, and other variables, described at the end of this section.
- Ongoing Proposition 98 General Fund costs of about $2.5 million total for each CCC district to collect data and submit an annual report to the Legislature. This assumes a cost of $25,000 per CCC district. The state has 73 CCC districts and 116 CCCs.
The state would need to reimburse these costs to CCC, if the Commission on State Mandates determines the bill’s requirements to be a reimbursable state mandate.
UC, CSU, and CCC each raise questions about the bill that could affect its cost to implement. They note the bill is not clear on whether a campus will need to devote college or university staff to transporting students and, if so, whether the staff would need to be available 24 hours a day, seven days a week. They also note the bill is unclear as to whether a campus could contract out for transportation services for students. If a campus may contract for transportation services, costs would be lower to campuses. UC also notes the bill is unclear whether a campus would be required to transport a student even if the student is not on campus, which could affect costs.
COMMENTS:
1) Purpose. According to the author:
Victims of sexual assault should have immediate assistance from organizations dedicated to providing resources and services. But for many college students, these resources are not located on campus. Some of the resources can be more than an hour away. This bill would help students who might not have access to a car or reliable transportation, receive the help they need after a sexual assault.
- Background. Current law requires CCC and the CSU, and requests UC, to provide information on campus websites about campus and community resources to those who are victims of sexual assault. In addition, each UC and CSU campus designates staff to provide confidential emotional support and assistance to students who are experiencing sexual harassment, sexual assault, or sexual violence. These staff are known as CARE advocates at the UC and as campus advocates at the CSU. Some CCCs also designate staff as sexual assault advocates on campuses.
California provides over $2 billion General Fund annually in Cal Grant state financial aid to UC, CSU, and CCC students. This bill would make a student’s receipt of this state aid conditional on campuses complying with the requirements of this bill.
Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081
Date of Hearing: April 11, 2023
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Mike Fong, Chair
ABPCA Bill Id:AB 1138 (
Author:Weber) – As Amended Ver:March 30, 2023
SUBJECT: Postsecondary education: sexual assault and sexual violence prevention: transportation services
SUMMARY: Requires campuses of the California Community Colleges (CCC), the California State University (CSU), the University of California (UC), and independent universities to provide students with transportation to a rape crisis center for the purpose of having a sexual assault forensic exam (SAFE) kit administered. Specifically, this bill:
- Requires the local governing board of each CCC district, the trustees of the CSU, the regents of the UC, and the governing boards of the independent postsecondary institutions to provide students with free and, to the extent possible, confidential transport to and from a rape crisis center for a medical examiner to administer a SAFE kit.
- Permits the transportation provided in (1) to be funded either by the institution or, as part of the services provided through a memorandum of understanding between the institution and the rape crisis center. The transportation may include a campus health center staff transporting the student to and from a rape crisis center.
- Requires by June 30, 2025, for each community college district, the trustees of the CSU, the regents of the UC, and the appropriate governing bodies of the independent postsecondary institutions will submit a report to the legislature on whether transportation in (1) was provided to students and the manner in which the students received the transportation to the rape crisis center.
- Defines SAFE Kit as a Sexual Assault Forensic Examination Kit.
EXISTING LAW:
- Establishes the following requirements as a condition for the receipt of state funding for student financial assistance for CCC, CSU, UC, and independent universities:
- Adopt a policy concerning sexual assault, domestic violence, dating violence, and stalking involving a student, both on and off campus. The policy shall include an affirmative consent standard, as defined, in determining whether consent was given by both parties to engage in the sexual activity;
- Adopt detailed and victim-centered policies and protocols regarding sexual assault, domestic violence, dating violence, and stalking involving a student that aligns with best practices and professional standards. Establishes the minimum requirements for the policy, as defined;
- To the extent feasible, enter into memoranda of understanding, agreement, or collaborative partnership with existing on-campus and community-based organizations, including rape crisis centers and domestic violence centers, to provide students with or refer students to the appropriate entities for the following services: counseling, health, mental health, victim advocacy, and legal assistance;
- Implement a comprehensive prevention and outreach program addressing sexual violence, dating violence, and stalking. At a minimum, the outreach program will include a process for informing the student body, campus organizations, athletic programs, and student groups of the institution’s overall sexual assault policy, the practical implications of affirmative consent standards, and the rights and responsibilities of students. Outreach programs will be included at every incoming student’s orientation and will include specific information relating to dating and intimate partner violence, as defined (Education Code Section 67386).
- Stipulates no provision of the Donahue Higher Education Act will apply to the UC unless the UC Regents adopts the provision (EDC Section 67400).
FISCAL EFFECT: Unknown
COMMENTS: Author’s statement. As depicted by the author, “victims of sexual assault should have immediate assistance from organizations dedicated to providing resources and services. But for many college students, these resources are not located on campus. Some of the resources can be more than an hour away. This bill would help students who might not have access to a car or reliable transportation, receive the help they need after a sexual assault.”
Sexual assault and sexual harassment on college campuses. In 2007, The Campus Sexual Assault Study, prepared for the U.S. Department of Justice, stated that one in five women are sexually assaulted while in college. In 2020, the Association of American Universities published the results of two surveys conducted in 2015 and in 2019 which examined the prevalence of sexual assault and misconduct at colleges and universities throughout the United States. The surveys found the following:
- The rate of nonconsensual sexual contact by physical force or inability to consent for undergraduate women ranged from 14% to 32%;
- The rate of nonconsensual sexual contact by physical force or inability to consent increased from 2015 to 2019 by 3 percentage points for undergraduate women and 2.4 percentage points for undergraduate men.
- Among all students 41.8% reported experiencing at least one sexually harassing behavior since enrolling in college.
- 37.1% of students felt they were very or extremely knowledgeable about the definition of sexual assault and where to get help, but only 31.5% felt they knew how to report it.
Since 1990, due to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act or Clery Act, all colleges and universities who receive any federal funding must submit a report once a year disclosing information about certain crimes, including: the prevalence of stalking, intimidation, dating violence, domestic violence, sexual assault and hate crimes that occur on or around the campus. The data provided by these reports is available to the public disaggregated by campus on the U.S. Department of Education website under the Campus and Security database. In 2021, California had 659 institutions with a total of 1,024 campuses that provided crime data to the US Department of Education. In 2021 there were 445 rapes, 404 incidents of fondling, 22 statutory rapes, 352 incidents of domestic violence, 168 incidents of dating violence, and 408 incidents of stalking reported that occurred on or new California postsecondary education campuses. Committee staff notes the above figures are only reported incidents of sexual violence and sexual assault and do not account for any unreported cases which occur on college campuses throughout the state.
Action taken to prevent sexual harassment and sexual violence on campus. Since the enactment of the Clery Act in 1990 and Title IX in 1972, which prohibits sex discrimination and sexual harassment on postsecondary campuses, various subsequent pieces of state and federal legislation have been enacted to instill protections for survivors of sexual harassment and sexual violence. Beginning chronologically:
- California - AB 1825 (Reyes), Chapter 933, Statues of 2005, required employers with more than 50 employees to provide two hours of training and education regarding sexual harassment to supervisors every two years. SB 396 (Lara), Chapter 858, Statutes of 2017, changed this requirement to include that businesses, of five or more employees, provide sexual harassment training to all employees and stipulated the training would be conducted every two years. This also applies to all postsecondary education institutions in the state who employ more than five employees.
- California - AB 1088 (Oropeza), Chapter 647, Statutes of 2005, required the CCC, the CSU, and requested the UC to undertake various activities to provide students with educational and prevention information regarding sexual violence. This included providing specified information during campus orientation and on the campus website. AB 2683 (Gabriel), Chapter 798, Statute of 2022 built upon this requirement by specifying that the CCC, the CSU, independent institutions of higher education, and private for-profits are required, and the UC is requested, to provide annual sexual harassment and sexual violence beginning in the 2024 fall semester.
- Federal – S. 47 (Leahy), Public law 113-4, Violence Against Women (VAWA) Reauthorization Act of 2013 and subsequent regulations as established by the Federal Registrar 79FR 62751, required postsecondary institutions to offer training to students, employees, and faculty of the institutions on the prevention of dating violence, domestic violence, sexual assault, and stalking. However, the statute and regulations do not require that all students or employees take or attend the training, it simply says that the institutions must offer them.
- California – SB 493 (Jackson), Chapter 303, Statute of 2020, required postsecondary education institutions to adopt rules and procedures for the prevention of sexual harassment and to adopt and post on their websites the grievance procedures to resolve complaints of sexual harassment.
- Federal – Proposed changes to the Title IX regulations. In June of 2022, the Biden Administration released new Title IX regulations. The proposed changes re-bench Title IX as protecting all students including, specific rules for pregnant students, LGBTQI+ students, and parenting students from sex discrimination and sexual harassment. The rules are in the final phase of revision after undergoing public comment and the official rules should be published in May 2023 with final implementation commencing in the fall of 2023.
Sexual assault forensic medical evidence kit. As explained by the California Sexual Assault Forensic Examiners Association, sexual assault forensic medical evidence collection in California began in 1985, when the State enacted legislation requiring trained healthcare providers to use a standard state form and protocols issued by the California Office of Emergency Services for the handling of patients when collecting sexual assault forensic material. The State further required counties with a population of 100,000 or more to have trained personnel, on-call or on duty, to handle sexual assault cases and for counties with a population of one million or more, at least one trained exam team per million population is required. Examiners who complete the sexual assault forensic medical evidence examination may be: trained registered nurses, nurse practitioners, physician assistants, or physicians. Since then a myriad of changes has been made to the Penal Code regarding the handling of survivors of sexual assault in California. In 1995, the State established the California Clinical Forensic Medical Training Center to increase access to trained healthcare providers who could administer sexual assault forensic medical exams. In 2016, AB 1475 (Cooper), Chapter 210, Statute of 2016, authorized each county to establish an interagency sexual assault response (SART) team for the purpose of effectively addressing the problem of sexual assault in a given county. According to the California Sexual Assault Forensic Examiners Association, SART teams are community-based, multi-disciplinary teams comprised of law enforcement officers, prosecutors, criminalists, victim advocates, and sexual assault forensic exam teams (registered nurses, nurse practitioners, physician assistants, and physicians).
The State of California Department of Justice (DOJ) has authorized free sexual assault forensic medical exams and support to survivors. Survivors of sexual assault are entitled to a sexual assault forensic exam from a trained medical professional. The purpose of the exam is to collect forensic evidence for use in a criminal prosecution of the person who perpetrated the sexual assault, and should be done within five days of the attack. Completing the exam does not obligate the survivor to participate in the criminal prosecution of the perpetrator. Furthermore, according to the DOJ, every survivor of sexual assault has the right to have a support person with them at all phases of the medical and legal process including the exam and has the right to transportation to and from the medical examination. As delineated by the DOJ, local law enforcement are the primary method of assisting survivors in accessing the forensic exam and medical care. Additionally, rape crisis centers are available to help survivors obtain access to medical care, mental health services, legal aid, safe housing, and other services after a sexual assault, and there is at least one rape crisis center in each of the 58 counties in California.
Arguments in support. “We, the students of Generation Up, Inc. (GENup), a youth-led educational advocacy organization, proudly serve as the principal sponsor and writer of AB 1138, which mandates that CCC, the CSU, and requests that the UC, provide students with free and safe transportation to and from forensic exams in the aftermath of a sexual assault.”
“To reduce barriers to receiving care, AB 1138 would mandate that all students have equal access to forensic services, thus increasing the reporting of sexual assaults and fostering an environment of support for survivors. Through AB 1138, we will continue to uplift survivors of sexual violence by removing barriers to care.”
Committee comments. Whether it be in protecting the civil rights of college students by mandating additional sexual harassment protections for students or mandating the creation of an online database so survivors can track their rape kit, California is often seen as leading the nation in establishing protections for survivors of sexual assault and sexual violence. AB 1138 (Weber) seeks to remove any barriers students may have in accessing sexual assault forensic evidence kits after a sexual assault has transpired.
To preserve evidence and to maximize results, the DOJ recommends not showering or brushing one’s teeth or changing one’s clothes after an assault; therefore, the urgency of administering the sexual assault forensic evidence kit is immediate. The majority of CCC campuses do not have health centers and while CSU and UC campuses do, not every campus has a qualified medical examiner on staff who can administer the sexual assault forensic evidence kit. Furthermore, the chain of evidence for purposes of prosecution begins when the kit is administered and law enforcement agencies must submit the evidence to a crime lab within 20 days. AB 1138 (Weber) provides a reliable procedure for students to access a sexual assault forensic evidence kit when they are place bound or too traumatized to transport themselves.
Under EDC Section 67385.7, campuses of the CCC and the CSU provide information on their websites about campus and community resources to those who are victims of sexual violence and sexual assault. While not required by state law, each campus of the UC also provides information on campus and community resources to victims of sexual assault and sexual violence. Furthermore, at each campus of the CSU and the UC, there are designated staff who provide confidential emotional support and assistance to students who are experiencing sexual harassment, sexual assault, or sexual violence. These staff are known as CARE advocates at the UC and as campus advocates at the CSU. There is no systemwide requirement for the CCC to employ sexual assault advocates on campuses, some campuses such as Cerritos College elect to do so. Based on the information provided by the CSU and UC, only a few UC campuses offer transportation to students who require a sexual assault forensic evidence kit. Furthermore, the advocates who are provided on campus are not available 24/7 and therefore often address emergency situations such as sexual assaults to the local or campus police force.
Conceptually, AB 1138 (Weber) is a continuation of California’s efforts to remove barriers to reporting sexual assault and to increase access to resources to help survivors achieve justice. However, the implementation of the concept is fraught with questions as to how transportation to and from the medical exam can be provided to students in a safe and confidential manner. The bill in print does not address factors such as what should occur is a student is off-campus and calls for transportation, or what should transpire if the student is suffering from an injury that requires immediate medical attention, or who is liable if the transporting method is involved in an accident on the way to the medical exam. Ideally, if a student calls the campus for transportation after a sexual assault, the campus should provide the transportation regardless of where the student is calling from, and in order to mitigate concerns regarding the student’s safety the campus police would be the best mode of transport; however, not every student is comfortable seeking assistance by campus police. To honor all students’ lived experiences and to avoid additional trauma, the Author’s office should work with public higher education institutions to provide clarity on the method of transportation and the responsibility of the campus in providing transportation to the medical facility that administers the sexual assault forensic evidence kit.
As delineated by the sponsors of the bill, GenUp, the purpose of AB 1138 (Weber) is to remove barriers and ensure students are provided safe and confidential transportation to and from a facility that administers a sexual assault forensic evidence kit. While a worthy cause, AB 1138 (Weber) is duplicative of existing free transportation provided to survivors of sexual assault. Furthermore, with the presence of rape centers in all 58 counties, students already have a crisis center to call for support during the exam and to assist in providing services. Therefore if the goal is to remove barriers in accessing the aforementioned transportation, the author should consider mandating information on how to obtain the aforementioned transportation on the campus website designated for campus and community resources for students who are victims of sexual violence and sexual harassment and mandate the transportation information is included in the annual training required on sexual harassment and sexual violence prevention pursuant to Education Code 67385.7.
To ensure students are taken to the appropriate facility for the administering of a sexual assault forensic exam kit, the Committee has suggested and the author has accepted the following amendments:
(2) (A) (i) In order to receive state funds for student financial assistance, if the SAFE Kit is not administered on campus pursuant to agreements entered into pursuant to paragraph (1), 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 provide to students free of charge, and, to the extent possible, in a manner that protects student confidentiality, transportation to and from a rape crisis center local SAFE or SART exam center for a medical examiner qualified health care provider to administer the SAFE sexual assault forensic medical evidence kit at the center.
(ii) The transportation services provided pursuant to paragraph (i) shall be either funded by institution or as part of the services provided by the rape center as part of the memoranda of understanding, agreement, or collaborative partnership with the rape crisis center. The transportation services may be either funded Transportation services may include a campus health center staff member transporting the student to and from a rape crisis center local SAFE or SART exam center for a medical examiner qualified health care provider to administer the SAFE sexual assault forensic medical evidence kit at the center.
(B) On or before June 30, 2020, and on or before June 30 of each year, the Trustees of the California State University, the Regents of the University of California, and the appropriate governing bodies of each independent institution of higher education, shall report to the Legislature, pursuant to Section 9795 of the Government Code, whether their respective institutions have provided transportation to students pursuant to subparagraph (A) and the manner in which the student received the transportation to the rape crisis center local SAFE or SART exam center.
(C) For purposes of this subdivision, “SAFE Kit” means the Sexual Assault Forensic Examination Kit and SART means a Sexual Abuse Response Team.
REGISTERED SUPPORT / OPPOSITION:
Support
Genup
Ignite
Opposition
None on file.
Analysis Prepared by: Ellen Cesaretti-Monroy / HIGHER ED. / (916) 319-3960
Bill Author
