AB 1905: Public postsecondary education: employment: settlements, informal resolutions, and retreat rights.

Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, the California State University, under the administration of the Trustees of the California State University, and the University of California, under the administration of the Regents of the University of California as the 3 segments of public postsecondary education in the state. Existing law establishes the College of the Law, San Francisco, under the governance of the Board of Directors of the College of the Law, San Francisco, within the University of California.

This bill would require public postsecondary educational institutions, as defined, as a condition of receiving state financial assistance, to adopt a written policy containing certain provisions, including, among other provisions, a provision prohibiting a supervisor or administrator from providing an official letter of recommendation if the employee is the respondent in a sexual harassment complaint and the employee (1) is determined in a final administrative decision, as defined, to have committed sexual harassment, (2) resigns from their current position before a final administrative decision is made, or (3) enters into a settlement with the public postsecondary educational institution, as specified. The bill would require public postsecondary educational institutions, as a condition of receiving state financial assistance, to adopt a written policy on settlements and informal resolutions of complaints of sexual harassment in cases where the respondent is an employee of the public postsecondary educational institution and would require the written policy to include, among other things, a provision that requires specified approvals for sexual harassment settlement pffers and informal resolutions. By imposing new duties on community college districts, the bill would impose a state-mandated local program.

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

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