Existing law establishes 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 2 of the segments of public postsecondary education in the state.

Existing federal law, known as Title IX, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination, which includes sexual harassment, under any education program or activity receiving federal financial assistance.

Existing law prohibits a person from being subjected to discrimination on the basis of specified attributes, including, among others, disability or gender, in a program or activity conducted by a postsecondary educational institution that receives, or benefits from, state financial assistance or enrolls students who receive state student financial aid.

This bill would require each California State University campus to establish, and each University of California campus to designate, a Title IX office, as provided. The bill would require each Title IX office to be under the administration of a Title IX coordinator who would be responsible for coordinating the campus implementation of and compliance with systemwide nondiscrimination policies, as specified. The bill would require each Title IX office, among other things, to ensure, or oversee and ensure, timely and effective responses to reports and complaints of sex discrimination, and to provide a process, or oversee the process, of adjudicating and resolving complaints of sex discrimination, as provided. This bill would also require the California State University to establish, and the University of California to designate, on or before July 1, 2026, a systemwide Office of Civil Rights to be led by a systemwide civil rights officer, as specified. The bill would require the California State University systemwide Office of Civil Rights to establish and adopt, and the University of California systemwide Office of Civil Rights to identify and maintain, a systemwide nondiscrimination policy, and to develop and implement a grievance procedure for sex discrimination complaints in which the respondent is a systemwide employee, a member of the systemwide governing body, or other specified person, as provided. The bill would also require each systemwide Office of Civil Rights to, among other things, provide or oversee specified education and training, establish best practices guidance on sex discrimination prevention and complaint adjudication, and conduct compliance reviews, as specified.

Existing law establishes 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 2 of the segments of public postsecondary education in the state.

Existing federal law, known as Title IX, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination, which includes sexual harassment, under any education program or activity receiving federal financial assistance.

Existing law prohibits a person from being subjected to discrimination on the basis of specified attributes, including, among others, disability or gender, in a program or activity conducted by a postsecondary educational institution that receives, or benefits from, state financial assistance or enrolls students who receive state student financial aid.

This bill would require each California State University campus to establish, and each University of California campus to designate, a Title IX office, as provided. The bill would require each Title IX office to be under the administration of a Title IX coordinator who would be responsible for coordinating the campus implementation of and compliance with systemwide nondiscrimination policies, as specified. The bill would require each Title IX office, among other things, to ensure, or oversee and ensure, timely and effective responses to reports and complaints of sex discrimination, and to provide a process, or oversee the process, of adjudicating and resolving complaints of sex discrimination, as provided. This bill would also require the California State University to establish, and the University of California to designate, on or before July 1, 2026, a systemwide Office of Civil Rights to be led by a systemwide civil rights officer, as specified. The bill would require the California State University systemwide Office of Civil Rights to establish and adopt, and the University of California systemwide Office of Civil Rights to identify and maintain, a systemwide nondiscrimination policy, and to develop and implement a grievance procedure for sex discrimination complaints in which the respondent is a systemwide employee, a member of the systemwide governing body, or other specified person, as provided. The bill would also require each systemwide Office of Civil Rights to, among other things, provide or oversee specified education and training, establish best practices guidance on sex discrimination prevention and complaint adjudication, and conduct compliance reviews, as specified.

Existing law establishes 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 2 of the segments of public postsecondary education in the state.

Existing federal law, known as Title IX, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination, which includes sexual harassment, under any education program or activity receiving federal financial assistance.

Existing law prohibits a person from being subjected to discrimination on the basis of specified attributes, including, among others, disability or gender, in a program or activity conducted by a postsecondary educational institution that receives, or benefits from, state financial assistance or enrolls students who receive state student financial aid.

This bill would require each California State University campus to establish, and each University of California campus to establish designate, a Title IX office, as provided. The bill would require each Title IX office to be under the administration of a Title IX coordinator who would be responsible for coordinating the campus implementation of and compliance with systemwide nondiscrimination policies, as specified. The bill would require each Title IX office, among other things, to ensure ensure, or oversee and ensure, timely and effective responses to reports and formal complaints of sex discrimination, and to provide a process, adjudicate, and implement the outcomes of formal or oversee the process, of adjudicating and resolving complaints of sex discrimination, as provided. The bill would also require the California State University to establish, and the University of California to each establish, designate, on or before July 1, 2026, a systemwide Office of Civil Rights to be led by a systemwide civil rights officer, as specified. The bill would require each the California State University systemwide Office of Civil Rights to establish establish, and the University of California to identify and maintain, a systemwide nondiscrimination policy, and to develop and implement a grievance procedure for sex discrimination complaints in which the respondent is a systemwide employee, a member of the systemwide governing body, or other specified person, as provided. The bill would also require each systemwide Office of Civil Rights to, among other things, provide or oversee specified education and training, establish best practices guidance on sex discrimination prevention and complaint adjudication, and conduct compliance reviews, as specified.

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 2 of the segments of public postsecondary education in the state.

Existing federal law, known as Title IX, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination, which includes sexual harassment, under any education program or activity receiving federal financial assistance.

Existing law prohibits a person from being subjected to discrimination on the basis of specified attributes, including, among others, disability or gender, in a program or activity conducted by a postsecondary educational institution that receives, or benefits from, state financial assistance or enrolls students who receive state student financial aid.

This bill would require, for compliance with those nondiscrimination provisions, the California Community Colleges, the require each California State University and University of California campus to establish a Title IX office, as provided. The bill would require each Title IX office to be under the administration of a Title IX coordinator who would be responsible for coordinating the campus implementation of and compliance with systemwide nondiscrimination policies, as specified. The bill would require each Title IX office, among other things, to ensure timely and effective responses to reports and formal complaints of sex discrimination, and to process, adjudicate, and implement the outcomes of formal complaints of sex discrimination, as provided. The bill would also require the California State University, University and the University of California to each establish, on or before July 1, 2026, a systemwide Office of Civil Rights to be led by a systemwide Title IX coordinator, civil rights officer, as specified. The bill would require each systemwide Office of Civil Rights to establish a systemwide nondiscrimination policy, and to develop and implement a grievance procedure for sex discrimination complaints in which the respondent is a systemwide employee, a member of the systemwide governing body, or other specified person, as provided. The bill would also require each systemwide Office of Civil Rights to, among other things, provide specified education and training, establish best practices guidance on sex discrimination prevention and complaint adjudication, and conduct compliance reviews, as specified. To the extent that the bill would impose new duties on community college districts, the bill would impose a state-mandated local program.

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 federal law, known as Title IX, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination, which includes sexual harassment, under any education program or activity receiving federal financial assistance.

Existing law prohibits a person from being subjected to discrimination on the basis of specified attributes, including, among others, disability or gender, in a program or activity conducted by a postsecondary educational institution that receives, or benefits from, state financial assistance or enrolls students who receive state student financial aid.

This bill would require, for compliance with those nondiscrimination provisions, the California Community Colleges, the California State University, and the University of California to each establish, on or before July 1, 2026, a systemwide Office of Civil Rights to be led by a systemwide Title IX coordinator, as specified. The bill would require each systemwide Office of Civil Rights to establish a systemwide nondiscrimination policy, and to develop and implement a grievance procedure for sex discrimination complaints in which the respondent is a systemwide employee, a member of the systemwide governing body, or other specified person, as provided. The bill would also require each systemwide Office of Civil Rights to, among other things, provide specified education and training, establish best practices guidance on sex discrimination prevention and complaint adjudication, and oversee campus- and district-based Title IX offices. conduct compliance reviews, as specified. To the extent that the bill would impose 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.

Existing federal law, known as Title IX, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination, which includes sexual harassment, under any education program or activity receiving federal financial assistance.

Existing law prohibits a person from being subjected to discrimination on the basis of specified attributes, including, among others, disability or gender, in a program or activity conducted by a postsecondary educational institution that receives, or benefits from, state financial assistance or enrolls students who receive state student financial aid.

Existing federal law, known as Title IX, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination, which includes sexual harassment, under any education program or activity receiving federal financial assistance.

Existing law prohibits a person from being subjected to discrimination on the basis of specified attributes, including, among others, disability or gender, in a program or activity conducted by a postsecondary educational institution that receives, or benefits from, state financial assistance or enrolls students who receive state student financial aid.

This bill would state the intent of the Legislature to enact future legislation that would create systemwide Title IX and nondiscrimination offices at postsecondary educational institutions in the state and would require those offices to enact policies to prevent discrimination on their respective campuses.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2047

Author:(Mike Fong)

As Amended Ver:June 11, 2024

Majority vote

SUMMARY

Requires the California State University (CSU), and the University of California (UC) to establish a Systemwide Office of Civil Rights for the purpose of assisting campuses within the system in addressing and preventing sex discrimination and requires each campus of the CSU and UC to establish to establish a Title IX office on each campus and establishes the responsibilities of the Title IX office.

Senate Amendments

1. Establish separate code sections for the CSU and the UC;
2. Clarify the campus-based Title IX office may be located within an existing office on campus;
3. Provides additional parameters regarding the campus prevention training programs for students, faculty, and staff, including that the training should contain bystander intervention training, policy awareness training, and primary prevention training;
4. Deletes the campus-based Title IX coordinator's comprehensive reporting requirement and instead requires the campus-based Title IX coordinator to provide updates to the campus President or Chancellor on the actions to detect, address, and prevent sexual harassment. Requires a summary of the updates to be posted on the campus internet website beginning on September 1, 2027;
5. Deletes language regarding the systemwide prevention training program and instead requires it to be completed by the campus-based Title IX offices;
6. Removes the language regarding reports being made to the Systemwide Office by the campus-based Title IX offices; and,
7. Clarifying and technical amendments were taken to adjust the language to match the structures of the CSU and UC Systemwide Civil Rights Offices and campus-based Title IX offices to prevent duplication.

COMMENTS

Systemwide Title IX offices. There are many divisions, at the CSU Chancellor's Office, whose jurisdiction includes preventing discrimination. The Office of General Counsel, Human Resources, the systemwide Title IX coordinator, and the Title IX compliance unit all share the responsibility of enacting policies to prevent sex discrimination on CSU campuses.

The CSU systemwide Title IX coordinator is tasked with maintaining the systemwide sexual harassment policy and is responsible for monitoring campuses' compliance with the policy. Furthermore, the systemwide Title IX coordinator is responsible for the adjudication of specific cases and any appeals of complaints originally processed by CSU campuses. The sex discrimination cases the systemwide Title IX coordinator handles include claims against a campus President, the Chancellor, a member of the Board of Trustees, or a campus-based Title IX coordinator

In theory, based on the above, the Title IX compliance unit operates as a supervisory unit that often interacts, monitors, and provides when necessary policy corrections to campus Title IX offices and coordinators on their handling of sexual harassment and discrimination complaints. However, according to a report examining the compliance of all 23 campuses with state and federal laws, commissioned by the Board of Trustees (the Cozen O'Connor report), the Chancellor's Office provides more of an advisory role rather than one of deliberate oversight. The same report found that the current model of support is ineffective in ensuring consistent and effective implementation of Title IX and the CSU's nondiscrimination policies across the system.

While the UC may be constitutionally autonomous from the California Legislature, it is still required to follow federal law including the laws preventing discrimination on campus. Furthermore, EDC Section 66292.2 delegates the shared responsibility of ensuring campus programs and activities are free from discrimination to the President of the UC and the chancellor of each campus. The Education Code Sections governing sexual harassment and sex discrimination all apply to the UC as the Legislature has tied the compliance of those sections to the receipt of financial aid for students.

To comply with the requirements of EDC Section 66292.2 the UC instituted a Title IX structure to oversee the compliance with Title IX and other nondiscrimination laws. The UC Office of the President (UCOP) employs a systemwide Title IX coordinator, who oversees and manages the systemwide Title IX office. The systemwide Title IX office's primary mission is to support the system's commitment to providing a safe and discrimination-free learning and working environment.

The UC systemwide Title IX office is comprised of five officers who provide direction and support for the Title IX offices on campuses, assist in implementing best practices in harassment prevention and response, and provide investigative support for the UC campus Title IX offices. The systemwide Title IX office also develops and delivers educational and training materials to the campus practitioners, campus-based Title IX offices, and other university partners involved in the prevention of discrimination on campus. The systemwide Title IX coordinator periodically meets with the campus-based Title IX coordinators to understand trends and patterns of harassment on campus and to provide integral support to the campus-based practitioners. Data is collected by each of the campuses on sex discrimination and the data is shared with the systemwide office for assistance in compliance and prevention of sex discrimination. The systemwide office monitors each of the campuses to ensure any sex discrimination patterns are recognized and addressed at the campus level.

Title IX offices on campuses. The Federal Title IX regulations and the Sex Equity Act in the California Education Code, require CCC, CSU, and UC campuses to have at least one designated employee who addresses sexual harassment complaints. EDC Section 66281.8 stipulates the same person designated to oversee the campuses federal Title IX regulations can also oversee the California Equity Act requirements for the adjudication of sexual harassment cases. To be clear, EDC Section 66281.8 requires the designated employee to be on campus and was to be implemented by January 1, 2022, regardless of whether funding was provided for implementation.

This measure seeks to build upon EDC Section 66281.8 by creating campus-based (CSU and UC) Title IX offices with dedicated staff, whose sole job responsibility is to address sex discrimination and sexual harassment complaints.

At the CSU and UC, there are dedicated Title IX offices on each campus. While the staffing ratios of the campuses vary, each campus has more than one staff member whose primary role is addressing and preventing sex discrimination.

The number of staffing positions vary as does the responsibilities of the Title IX positions. At the very least, each campus has at one designated Title IX personnel. However, as described in the Assembly Higher Education Committee "A Call to Action" report, multiple sources have suggested a best practice is to have more than one person conducting prevention and adjudication work on collegiate campuses for the purposes of addressing sex discrimination.

In June 2020, San José State University was found to have failed to comply with certain aspects of Federal Regulations for the prevention of sex discrimination (Title IX) and the resolution served as a compliance agreement by which the campus agrees to implement the sections of the resolution and in return the U.S. Department of Justice would pursue a case against the campus. In the U.S. Department of Justice Civil Rights Division's "Resolution Agreement between the United States of America and San José State University," several mandates were required of San José State University including: minimum Title IX staffing requirements and reviews to the staffing quotas, case management requirements, staff training requirements, and outreach and prevention educational programming requirements. This measure codifies many of the requirements listed in the resolution agreement for all campuses of the CSU and UC.

According to the Author

As detailed by the author, "California has long been heralded as a state for equity and inclusion; however the methods in place to monitor and address sex discrimination on our collegiate campuses are archaic when compared to other states. AB 2047 seeks to build upon identified best practices by requiring the CCC, CSU and UC to have each segment establish a systemwide Civil Rights office. The measure is part of a larger bill package that seeks to provide a system of support and accountability by which each campus is enabled to fulfill their duty of providing educational programs free from sexual harassment and sex discrimination. AB 2047 would require each Civil Rights office to have trained staff and assigns specific duties to the office as the first monitoring entity by which the system may hold itself accountable to state and federal laws."

Arguments in Support

As articulated by the Cal State Student Association, representing nearly half a million students within the CSU system, "AB 2047, aligning with key recommendations from the Call to Action Report, signifies a vital step forward in this endeavor. AB 2047 mandates the establishment of a systemwide Office of Civil Rights and the appointment of a systemwide Title IX coordinator. These measures ensure that each campus has dedicated resources and personnel responsible for upholding nondiscrimination policies and complying with federal and state laws regarding sex discrimination. Furthermore, the bill emphasizes the importance of developing comprehensive prevention education and training programs for students, faculty, and staff. By incorporating bystander prevention, policy awareness, and assault prevention training, these programs empower our communities to effectively recognize and address instances of sex discrimination. Additionally, the requirement for regionally based hearing officers, trained in both systemwide nondiscrimination policy and Title IX regulations, enhances the fairness and impartiality of adjudication processes for complaints of sex discrimination. We also appreciate the transparency and accountability measures included in the bill, such as quarterly evaluations of campus-based Title IX coordinators and annual reporting requirements."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Senate Committee on Appropriations determined that AB 2047 does not contain significant fiscal impact and, pursuant to Senate Rule 28.8 sent the bill directly to the Senate Floor.

VOTES:

ASM HIGHER EDUCATION: 11-0-0

YES: Mike Fong, Ta, Arambula, Boerner, Chen, Alanis, Irwin, Jackson, Addis, Muratsuchi, Quirk-Silva

ASM APPROPRIATIONS: 11-0-4

YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua

ABS, ABST OR NV: Sanchez, Dixon, Jim Patterson, Ta

ASSEMBLY FLOOR: 70-0-10

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Flora, Mike Fong, Vince Fong, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

ABS, ABST OR NV: Calderon, Cervantes, Megan Dahle, Essayli, Friedman, Gallagher, Holden, Mathis, Joe Patterson, Luz Rivas

SENATE FLOOR: 40-0-0

YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

UPDATED

VERSION: June 11, 2024

CONSULTANT: Ellen Cesaretti-Monroy / HIGHER ED. / (916) 319-3960 FN: 0004592

 THIRD READING  

Bill No: AB 2047

Author: Mike Fong (D)

Amended: 6/11/24 in Senate

Vote: 21

SENATE EDUCATION COMMITTEE: 7-0, 6/19/24

AYES: Newman, Ochoa Bogh, Cortese, Glazer, Gonzalez, Smallwood-Cuevas, Wilk

SENATE JUDICIARY COMMITTEE: 11-0, 6/25/24

AYES: Umberg, Wilk, Allen, Ashby, Caballero, Durazo, Laird, Niello, Roth, Stern, Wahab

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 70-0, 5/22/24 - See last page for vote

SUBJECT: Public postsecondary education: discrimination prevention

SOURCE: Author

DIGEST:

This bill requires the California State University (CSU) and the University of California (UC) to establish a systemwide Title IX office, a systemwide Office of Civil Rights, a position of civil rights officer, and establishes duties for the systemwide Office of Civil Rights, the civil rights coordinator, and Title IX coordinator.

ANALYSIS:

Existing law:

1. Provides that, in part, "no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance." Enforcement of compliance is initiated upon the filing of a complaint alleging a violation of Title IX. (Title IX of the Education Amendments of 1972 to the 1964 Civil Rights Act; United State Code, Title 20, § 1681 et seq)
   
2. Requires each postsecondary education institution in the state to provide a written policy on sexual harassment, including information on the complaint process, on the institutions website. Existing law requires written policies on sexual harassment to include information on the specific rules and procedures for reporting charges of sexual harassment and the available remedies and resources available to survivors both on and off campus. (Education Code (EC) § 66281.5)
   
3. Requires the governing board or body of each postsecondary institution in the state, as a condition of receiving state funding, to comply with numerous requirements pertaining to preventing sexual harassment, and providing complaint and grievance procedures relating to claims of sexual harassment. (EC § 66281.8)

This bill:

1. Requires the CSU and the UC to establish a systemwide Title IX office, a systemwide Office of Civil Rights, a position of civil rights officer, and establishes duties for the systemwide Office of Civil Rights, the civil rights coordinator, and Title IX coordinator.
   1. CSU and UC systemwide Title IX office. Requires each campus of the CSU and the UC to establish, on or before July 1, 2026, a Title IX office in a private space for students and employees to disclose reports and complaints of sex discrimination, including, but not limited to, sexual harassment. Authorizes the Title IX office space to be located within an existing office on campus, including, but not limited to, a civil rights office or anti-discrimination office.
      
      1. Requires the Title IX office to be under the administration of a Title IX coordinator who shall be responsible for coordinating the campus’ implementation of and compliance with the systemwide non-discrimination policy that is required to be adopted pursuant to this bill.
      2. Requires the CSU Title IX office, and the UC Title IX coordinator and designated staff, to do take specified actions and complete specified tasks. (See policy committee analyses for full details.)
   2. Title IX coordinator. Requires the Title IX coordinator to have the authority and responsibility to implement a consistent campuswide response to complaints of sex discrimination, including, but not limited to, sexual harassment.
      
      1. Requires the Title IX coordinator to operate with the authority, independence, and resources necessary to fulfill the duties established pursuant to this bill. Requires the Title IX coordinator to be a full-time position, and be responsible for preventing and addressing sex discrimination, including, but not limited to, sexual harassment, on campus (UC is responsible for overseeing campuswide efforts to prevent and address sex discrimination).
      2. Requires the Title IX coordinator take specified actions and complete specified tasks. (See policy committee analyses for full details.)
      3. Requires these provisions to apply to the UC, notwithstanding existing law that makes statutes applicable only to the extent they are adopted by resolution of the UC Board of Regents.
   3. CSU and UC systemwide Office of Civil Rights and civil rights officer. Requires the CSU and the UC each do both of the following, by July 1, 2026:
2. Establish a systemwide Office of Civil Rights for the purpose of ensuring campus programs and activities are free from sex discrimination, as specified.
3. Establish the position of, and designate a staff person as, the systemwide civil rights officer to monitor the system’s compliance with the requirement to ensure that campus programs and activities are free from discrimination, as specified.
4. Requires the systemwide Office of Civil Rights to take specified actions and complete specified tasks. (See the Senate Education committee analysis for full details)
   
5. Requires these provisions to apply to the UC, notwithstanding existing law that makes statutes applicable only to the extent they are adopted by resolution of the UC Board of Regents.

Comments

1. Need for the bill. According to the author, “California has long been heralded as a state for equity and inclusion; however, the methods in place to monitor and address sex discrimination on our collegiate campuses are archaic when compared to other states. AB 2047 seeks to build upon identified best practices by requiring the CSU and UC to each have a systemwide Civil Rights office. The measure is part of a larger bill package that seeks to provide a system of support and accountability by which each campus is enabled to fulfill their duty of providing educational programs free from sexual harassment and sex discrimination. AB 2047 will also require the CSU and the UC to establish Title IX offices on each campus to help adjudicate cases of harassment. This bill will help to rebuild the trust gap between the campus and its community.”
   
2. Recent report on how postsecondary education institutions address sexual discrimination. Throughout 2023, staff from the Assembly Higher Education Committee and this committee hosted fact-finding briefings with representatives from the CCC, CSU, UC, and various California Independent Colleges and Universities to understand how higher education institutions are preventing and addressing sexual discrimination on campuses. The Assembly Higher Education Committee released a report that provides a synopsis of the information gleaned from the briefings and a compilation of legislative proposals for how the State can partner with higher education institutions to prevent and address discrimination in all its forms on college and university campuses throughout California. https://ahed.assembly.ca.gov/system/files/2024-02/a-call-to-action-report-2024_0.pdf
   
   As noted in the report, “[T]he CCC is the only system without a systemwide Title IX coordinator and a formal systemwide policy for how to prevent and address sex discrimination on campus. Committee Staff acknowledge that with local control there are limits to how uniform policies and procedures will be at the community colleges. Committee Staff also recognize the limitation of the Chancellor’s Office to conduct meaningful oversight while also honoring local control. … Both the CSU and the UC have campus-based Title IX offices, Title IX coordinators at each campus, and a systemwide Title IX offices. The CSU and UC each have one systemwide policy on how to address complaints of sex discrimination on campus.”
   
   This bill addresses the report’s recommendation that (a) each system have a Systemwide Office of Civil Rights that is independent from the systemwide office and reports directly to the systemwide governing board; (b) the office should have a systemwide Title IX coordinator and deputy coordinator, and be tasked with specified actions.
   
   This bill implements the UC’s model for overseeing the compliance with Title IX and other non-discrimination laws, for both the UC and CSU, by requiring a system of monitoring, compliance, and guidance from the systemwide office to the campus-based offices.
   
3. Systemwide Offices of Civil Rights. The UC created a systemwide Office of Civil Rights in early 2024 to serve as an umbrella office to provide systemwide leadership, guidance and support on issues related to protecting civil rights at its campuses, medical centers, national labs, and the UC Office of the President. This new systemwide Office of Civil Rights will encompass the existing Systemwide Title IX Office, a new Systemwide Anti-Discrimination Office, and a new Systemwide Disability Rights Office. The executive director of this new office will report directly to the UC President.
   
   Following two comprehensive reviews and assessments of CSU’s existing Title IX and non-discrimination programs, one by national law firm Cozen O’Connor and the other by the California State Auditor, the CSU has restructured its civil rights programming and services at a system level. The CSU has created a centralized Office of Civil Rights Programming and Services, and is continuing to increase staffing at the system and campus levels, establish uniform standards and training programs, and develop more robust data collection and tracking systems.  

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 8/5/24)

Office of Lieutenant Governor Eleni Kounalakis

Cal State Student Association
California Federation of Teachers
California State University Employees Union
California State University, Office of the Chancellor
California Teachers Association
CleanEarth4Kids.org
Faculty Association of California Community Colleges

OPPOSITION: (Verified 8/5/24)

None received

ASSEMBLY FLOOR: 70-0, 5/22/24

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Flora, Mike Fong, Vince Fong, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NO VOTE RECORDED: Calderon, Cervantes, Megan Dahle, Essayli, Friedman, Gallagher, Holden, Mathis, Joe Patterson, Luz Rivas

Prepared by: Lynn Lorber / ED. / (916) 651-4105

8/7/24 14:34:37

**** END ****

SENATE JUDICIARY COMMITTEE

Senator Thomas Umberg, Chair

2023-2024 Regular Session

Bill No: AB 2047 (Author:Mike Fong)

Version: June 11, 2024

Hearing Date: June 25, 2024

Fiscal: Yes

Urgency: No

Consultant: ME

SUBJECT

Public postsecondary education: discrimination prevention

DIGEST

This bill requires each California State University (CSU) campus and University of California (UC) campus to establish a Title IX office, under the administration of a Title IX coordinator, in a private space for students and employees to disclose reports and complaints of sex discrimination, including, but not limited to, sexual harassment, and specifies what the Title IX offices and coordinator must do. The bill provides that the Title IX coordinators shall have the authority and responsibility to implement a consistent campuswide response to complaints of sex discrimination, including, but not limited to, sexual harassment. The bill requires the CSU and UC to establish systemwide Offices of Civil Rights and designate a staff person as the systemwide civil rights officer and specifies their duties.

EXECUTIVE SUMMARY

In response to numerous reports of California public postsecondary educational institutions creating an environment that protects perpetrators of sexual harassment to the detriment of student and employee survivors, various legislators have introduced legislation to force public postsecondary educational institutions to create an environment that better protects students and employees from being victimized by sexual harassment. AB 2047 is one of the bills designed to create a safer environment in California’s CSU and UC campuses.

The provisions in this bill arise from recommendations for legislation described in a 2024 Assembly Higher Education Committee report.^[1] This bill requires each CSU campus and UC campus to establish a Title IX office, under the administration of a Title IX coordinator, in a private space for students and employees to disclose reports and complaints of sex discrimination and specifies what the Title IX offices must do. The bill provides that the Title IX coordinators shall have the authority and responsibility to implement a consistent campuswide response to complaints of sex discrimination. The bill also requires the CSU and UC to establish systemwide Offices of Civil Rights and designate a staff person as the systemwide civil rights officer and specifies their duties.

The bill is supported by the California State University, Cal State Student Association,

California State University Employees Association, CleanEarth4Kids.org, Faculty Association of California Community Colleges, and Lieutenant Governor Eleni Kounalakis. The bill is opposed by Stop Abuse for Everyone, an organization that opposes most of the bill package that seek to implement recommendations from the Assembly Higher Education Committee report. AB 2024 passed the Senate Education Committee with a vote of 7 to 0.

PROPOSED CHANGES TO THE LAW

Existing federal law:

1. Provides that, in part, "no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance." Enforcement of compliance is initiated upon the filing of a complaint alleging a violation of Title IX. (Title IX of the Education Amendments of 1972 to the 1964 Civil Rights Act)
2. Requires each school district and county office of education, or a local public or private agency that receives funding from the state or federal government, to designate a person to serve as the Title IX compliance coordinator to enforce compliance at the local level, including coordinating any complaints of non-compliance. (Title IX of the Education Amendments of 1972 to the 1964 Civil Rights Act)

Existing state law:

1. Provides that no person participating in any program or activity conducted by any postsecondary education institution, that receives state financial assistance or enrolls students who receive state financial aid, is to be subjected to discrimination on the basis of disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any characteristic listed or defined in Government Code section 11135 or any other characteristic that is contained in the prohibition of hate crimes defined in Penal Code Section 422.6 (a), including immigration status. (Educ. Code § 66270.)
2. that no person participating in any program or activity, that is conducted, operated, or administered by the state or state agency that is funded directly by the state or receives any financial assistance from the state, will not be subjected to discrimination nor denied full or equal access to benefits, on the basis of sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation and clarifies that this section applies to the CSU. (Gov. Code § 11135.)

This bill:

1. Requires each CSU campus to establish, and each UC campus to designate, a Title IX office, as provided.

1. Requires each Title IX office to be under the administration of a Title IX coordinator who is responsible for coordinating the campus’ implementation of and compliance with systemwide nondiscrimination policies, as specified.
2. Requires each Title IX office, among other things, to ensure, or oversee and ensure, timely and effective responses to reports and formal complaints of sex discrimination, and to provide a process, or oversee the process, of adjudicating and resolving complaints of sex discrimination, as provided.

1. Requires the CSU to establish, and the UC to designate, on or before July 1, 2026, a systemwide Office of Civil Rights to be led by a systemwide civil rights officer, as specified.
2. Requires the CSU systemwide Office of Civil Rights to establish, and the UC to identify and maintain, a systemwide nondiscrimination policy, and to develop and implement a grievance procedure for sex discrimination complaints in which the respondent is a systemwide employee, a member of the systemwide governing body, or other specified person, as provided.
3. Requires each systemwide Office of Civil Rights to, among other things, provide or oversee specified education and training, establish best practices guidance on sex discrimination prevention and complaint adjudication, and conduct compliance reviews, as specified.

COMMENTS

1. Stated need for the bill

According to the author:

California has long been heralded as a state for equity and inclusion; however the methods in place to monitor and address sex discrimination on our collegiate campuses are archaic when compared to other states. AB 2047 seeks to build upon identified best practices by requiring the CSU and UC to each have a systemwide Civil Rights office. The measure is part of a larger bill package that seeks to provide a system of support and accountability by which each campus is enabled to fulfill their duty of providing educational programs free from sexual harassment and sex discrimination. AB 2047 will also require the CSU and the UC to establish Title IX offices on each campus to help adjudicate cases of harassment. This bill will help to rebuild the trust gap between the campus and its community.

2. Senate Education Committee and Assembly Higher Education Committee hosted fact finding briefings that resulted in a report^[2] prepared by the Assembly Higher Education Committee with various legislative proposals to prevent and address discrimination on college and university campuses in California

According to the Senate Education Committee, staff from the Assembly Higher Education Committee and their Committee hosted fact-finding briefings with representatives from the CCCs, CSUs, UCs and independent colleges and universities in California. Their goal was to understand how higher education institutions are preventing and addressing sexual discrimination on campuses. The Assembly Higher Education Committee released a report this year that highlights shortcomings with existing law and recommends proposals to prevent and address discrimination on California’s higher education campuses.

The 2024 Assembly Higher Education Committee report, A Call to Action: How Postsecondary Education Institutions Can Address Sex Discrimination and Provide Educational Justice on Campus, page 2, explains:

Title IX goes beyond ensuring women have access to sports and academic majors; it requires all higher education institutions to provide educational programs free from sex discrimination. The prevention of sex discrimination is more than simply having a policy on how to address complaints. Prevention is creating a campus culture that addresses the root cause of sex discrimination before it becomes a complaint. The prevention of sex discrimination includes training where bystanders are empowered to intervene, a campus where students, faculty, and staff are encouraged to report incidents, and a culture, where those reports are met with support for all parties involved. Policies are necessary to address sex discrimination when it occurs, but those policies should be trauma-informed and focused on imposing accountability rather than retribution when conduct is found to have violated the campuses’ policies or the law.

As further explained on page 2 of the report, sex discrimination “means sexual assault, sexual harassment, stalking, domestic violence, and dating violence…The prevention of sex discrimination on college and university campuses in California is outlined in three main sets of policies: Federal (Title IX), State (Sex Equity in Higher Education act and related sections of the Education Code), and the higher education institution’s policies.”

The Senate Education Committee analysis of SB 1491 (Eggman, 2024) explains the genesis of the report:

Throughout 2023, staff from the Assembly Higher Education Committee and [the Senate Education Committee] hosted fact-finding briefings with representatives from the CCC, CSU, UC and various California Independent Colleges and Universities to understand how higher education institutions are preventing and addressing sexual discrimination on campuses. The Assembly Higher Education Committee released a report that provides a synopsis of the information gleaned from the briefings and a compilation of legislative proposals for how the State can partner with higher education institutions to prevent and address discrimination in all its forms on college and university campuses throughout California.

The 2024 Assembly Higher Education Committee report, A Call to Action: How Postsecondary Education Institutions Can Address Sex Discrimination and Provide Educational Justice on Campus, relates to this bill. As described in the report on pages 13 to 14:

Federal Title IX regulations require every recipient of federal funding to have a Title IX coordinator. The number of staff assigned to a Title IX office varies by campus and by segment. Training provided to the Committee Staff by Institutional Compliance Solutions, LLC, suggested “Title IX, at the end of the day they still had my abuser living in the same dormitory as me. They really ended up doing nothing for my safety except for offering me a no contact order”- Quote from a UC Santa Cruz undergraduate student provided by the Survivors + Allies survey that each campus-based Title IX office should at the bare minimum have: a Title IX coordinator, an investigator, and an informal resolution officer. Furthermore, each campus should have an identified hearing officer, who is independent of the Title IX office, who is trained in the grievance procedures and State/Federal law regarding the adjudication of sex discrimination complaints. Standards of best practice suggest the hearing officer not be a member of the Title IX office to prevent a claim of collusion between the office and the impartial hearing officer when a finding is determined after a hearing.

To determine the number of staff required to operate a sufficient Title IX office, Committee Staff reviewed multiple sources including the U.S. Department of Justice Civil Rights Division’s Resolution Agreement between the United States of America and San José State University (U.S. Department of Justice, 2021). On page 7 of the agreement, the U.S. Justice Department asks the campus to sufficiently fund the Title IX office to maintain qualified Title IX personnel including a Title IX coordinator, a deputy Title IX coordinator, a minimum of two Title IX investigators, and one administrative assistant. [ . . . ] The other requirement in the resolution was for the Title IX office to be centrally-located, physically on-campus in a location that provides a private space for students and employees to meet with the Title IX office staff. [ . . . ]

The report concluded with recommendations to address the issues raised above. AB 2047 is modeled after systemwide recommendation 1 and campus recommendations 1 and 2.

Systemwide recommendation 1 is as follows on page 25 of the report:

Each system should have a Systemwide Office of Civil Rights. The office is independent from the systemwide office and reports directly to the systemwide governing board. The office should have a systemwide Title IX coordinator and deputy coordinator. The office is tasked with the following:

1) Adopting one nondiscrimination policy for the entire system (including the CCC). The policy will include procedures for the adjudication of Federal Title IX complaints and complaints that align with the California Sex Equity in Education Act;

2) Adjudicating complaints against a campus president/chancellor/chief executive officer OR complaints filed against staff within the systemwide office, including those against the Systemwide chancellor (CCC and CSU) or president (UC);

3) Provides training for campus-based (CSU and UC) or district-based (CCC) Title IX offices;

4) Provides best practice guidance for the prevention of sex discrimination and the adjudication of complaints of sex discrimination;

5) Interacts with data provided by campuses (or districts CCC) to aid in the prevention of sex discrimination;

6) Develop and execute a comprehensive prevention education strategy that incorporates bystander prevention training, policy awareness training, and assault prevention training. The educational prevention strategy should adopt an approach of intersectionality that calls for a pursuit of culturally relevant programs and practices that name and meaningfully consider how students of various identities (such as race, gender identity, class, sexual orientation, and ability) interact with each other. The training should contain feedback loops to ascertain whether the training is having the intended effect;

7) The systemwide office will act as an appeal office for all sex discrimination cases that occur on campuses within the system;

8) Meets with all campus-based or district-based Title IX offices every three months to access their compliance with state and federal law;

9) Developing a campus climate survey (in the case of the CCC a district-based climate survey) to be instituted every three years to provide a feedback loop as to how the campus community perceives the institution’s policies for the prevention of sex discrimination; and,

10) Provides an annual presentation on the state of the system to comply with sex discrimination laws and offer recommendations for improvement to the Systemwide Governing Board each year.

Campus Recommendation 1 and 2 on page 26 of the report:

Recommendation 1 – Each campus of the CSU and UC should have a Title IX office that is centrally located and ensures the privacy of complainants and respondents. The office shall have at a minimum a Title IX coordinator, Title IX deputy coordinator, case manager, investigator, prevention education coordinator, and an administrative assistant. [ . . . ]

Recommendation 2 – Each year the campus-based Title IX office and district-based Title IX office will provide a report to either the president (CSU), chancellor (UC), or local governing board (CCC) regarding the staffing capacity of the offices and whether additional personnel are warranted to meet the demands placed on the offices. The staffing evaluations shall be included in the annual report provided to the CCC local governing board and the CSU and UC systemwide governing board. [ . . . ]

This bill implements the above recommendations by requiring each CSU campus and UC campus to establish a Title IX office, under the administration of a Title IX coordinator, in a private space for students and employees to disclose reports and complaints of sex discrimination, including, but not limited to, sexual harassment, and specifies what the Title IX offices must do. Additionally the bill provides that the Title IX coordinators shall have the authority and responsibility to implement a consistent campuswide response to complaints of sex discrimination, including, but not limited to, sexual harassment. As suggested in the report, the bill also requires the CSU and UC to establish systemwide Offices of Civil Rights and designate a staff person as the systemwide civil rights officer and specifies their duties.

3. Support

California State University writes the following in support of AB 2047:

While the CSU system has recently created an Office for Civil Rights Programming and Services and already maintains a Title IX office on each of our twenty-three universities, this bill codifies the responsibilities of these offices and those who lead them. AB 2047 lays out the duties of campus Title IX Coordinators to maintain a detailed case management system, lead prevention and outreach programming and annual trainings for students, faculty, and staff, and ensure a timely and effective response to complaints and reports of sex discrimination. This bill also lays out the duties of the systemwide civil rights officer who will be charged with ensuring campus compliance with institutional policies and state and federal laws.

Cal State Student Association writes the following in support of AB 2047:

It is evident that substantial action is needed to rectify these shortcomings. AB 2047, aligning with key recommendations from the Call to Action Report, signifies a vital step forward in this endeavor.

AB 2047 mandates the establishment of a systemwide Office of Civil Rights and the appointment of a systemwide Title IX coordinator. These measures ensure that each campus has dedicated resources and personnel responsible for upholding nondiscrimination policies and complying with federal and state laws regarding sex discrimination.

Furthermore, the bill emphasizes the importance of developing comprehensive prevention education and training programs for students, faculty, and staff. By incorporating bystander prevention, policy awareness, and assault prevention training, these programs empower our communities to effectively recognize and address instances of sex discrimination.

Additionally, the requirement for regionally based hearing officers, trained in both systemwide nondiscrimination policy and Title IX regulations, enhances the fairness and impartiality of adjudication processes for complaints of sex discrimination.

We also appreciate the transparency and accountability measures included in the bill, such as quarterly evaluations of campus based Title IX coordinators and annual reporting requirements.

SUPPORT

Cal State Student Association

California State University

California State University Employees Association

CleanEarth4Kids.org

Faculty Association of California Community Colleges

Lieutenant Governor Eleni Kounalakis

OPPOSITION

Stop Abuse for Everyone

RELATED LEGISLATION

Pending Legislation:

SB 1166 (Dodd, 2024) expands the scope of a currently-required CSU report containing a summation of the activities undertaken by each campus and by the systemwide Title IX office to also include outcomes of appeals, a list of personnel who are exempt from being a “responsible employee,” and a yet-to-be-developed annual report that compiles campus-based evaluations of how sex discrimination is addressed on campuses. Requests the UC and requires each community college district to also submit this report. SB 1166 is pending in the Assembly Appropriations Committee.

SB 1491 (Eggman, 2024) requires the CSU Trustees and the governing board of each community college district, and requests the UC Regents, to designate an employee at each of their respective campuses as a point of contact for the needs of lesbian, gay, bisexual, asexual, pansexual, transgender, gender-nonconforming, intersex and two-spirit faculty, staff, and students at the respective campus. The bill requires the point of contact to be a confidential employee, as specified; requires the CSU Trustees and the governing board of each community college district to adopt and publish policies on harassment, intimidation, and bullying and include these policies within the rules and regulations governing student behavior; and, requires California Student Aid Commission, beginning with the 2026-27 school year, to provide written notice to students who receive state financial aid whether their college or university has a religious school exemption from Title IX. SB 1491 is pending in the Assembly Judiciary Committee.

AB 810 (Friedman, 2024) requires CCCs and CSU, and requests UC and private postsecondary education institutions, to implement a policy of requiring potential employees for academic, athletic, and administrative positions to disclose whether they have been the subject of a finding of sexual harassment and to permit the institution to contact past employers to inquire whether the applicant had any substantiated allegations of misconduct. AB 810 is in the Senate Appropriations Committee.

AB 1790 (Connelly, 2024) requires the CSU to take specified actions to implement the recommendations provided by the State Auditor’s report from 2022 titled “California State University: It Did Not Adequately or Consistently Address Some Allegations of Sexual Harassment.” AB 1790 is in the Senate Appropriations Committee.

AB 1905 (Addis, 2024) prohibits an employee of a public postsecondary educational institution from being eligible for retreat rights and from receiving a letter of recommendation if the employee is the respondent in a sexual harassment complaint where a final determination has been made or the employee resigned. AB 1905 is in the Senate Appropriations Committee.

AB 2048 (Mike Fong, 2024) requires each campus of the CSU and UC, and each community college district, to establish, on or before July 1, 2026, a Title IX office in a private space for students and employees to disclose complaints of sex discrimination, including, but not limited to, sexual harassment; and, provides that the Title IX office is to be under the administration of a Title IX coordinator who is to be responsible for coordinating the campus’ implementation and compliance with the systemwide nondiscrimination policies. AB 2048 is in the Senate Judiciary Committee.

AB 2326 (Alvarez, 2024) establishes which entities who are responsible for ensuring campus programs are free from discrimination and who has the authority to oversee and monitor compliance with state and federal laws; requires the chair of the CCC Board of Governors, the President of UC, and the Chancellor of CSU to present to the Legislature annually on the state of the system in preventing discrimination on campus; and, requires the systemwide governing boards to review the system’s nondiscrimination policies and to update them if necessary. AB 2326 is in the Senate Appropriations Committee.

AB 2407 (Hart, 2024) requires the State Auditor to conduct an audit every three years of the CCC, CSU, and UC regarding their respective handling and investigation of sexual harassment complaints. AB 2407 is in the Senate Judiciary Committee.

AB 2492 (Irwin, 2024) requires each public postsecondary education institution to establish the following positions: confidential student advocate to assist students who file complaints of sex discrimination with a Title IX office or have experienced sex discrimination; a confidential staff and faculty advocate to assist staff and faculty who have filed a complaint of sex discrimination with a Title IX office or have experienced sex discrimination; and a confidential respondent services coordinator to assist students, staff, or faculty who have been accused of sex discrimination. AB 2942 is in the Senate Judiciary Committee.

AB 2608 (Gabriel, 2024) expands currently required training for students on sexual violence and sexual harassment to include information regarding drug-facilitated sexual assault and information related to confidential support and care resources. AB 2608 is in the Senate Appropriations Committee.

AB 2987 (Ortega, 2024) requires each campus of the CSU and CCCs, and requests each campus of the UC, to provide status updates on the outcomes of complaints of sex discrimination to complainants and respondents, to the extent permissible under state and federal law; and, requires/requests that notice of a disciplinary action to the respondent be provided to the respondent within three schooldays of a decision. AB 2987 is in the Senate Appropriations Committee.

Prior Legislation:

SB 808 (Dodd, Ch. 417, Stats. 2023) required the CSU to annually submit a report to the Legislature related to sexual harassment reports, complaints, investigations, hearings, and appeals.

SB 791 (McGuire, Ch. 415, Stats. 2023) required the governing board of a community college district and the Trustees of the CSU, and requested the UC Regents, to require an application for appointment to an academic or administrative position to disclose any final administrative or judicial decision issued within the last seven years determining that the applicant committed sexual harassment.

AB 1844 (Medina, 2022) would have required disclosure of records of sexual assault and harassment allegations against employees by public postsecondary educational institutions when those employees seek future employment. AB 1844 died in the Assembly Appropriations Committee.

AB 2683 (Gabriel, Ch. 798, Stats. 2022) required the CCCs, CSU, and any independent institution of higher education or private postsecondary education institutions that receives state financial assistance to provide annual sexual harassment and sexual violence prevention training to students, as specified. Requested the UC to provide the same aforementioned annual training to students.

SB 493 (Jackson, Ch. 303, Stats. 2020) required postsecondary educational institutions to, among other things, adopt rules and procedures for the prevention of sexual harassment, and adopt and post on their Web sites the grievance procedures to resolve complaints of sexual harassment.

SB 1375 (Jackson, Ch. 655, Stats. 2016) required all schools receiving federal funding post the following information on their website: the name and contact information of their Title IX Coordinator; the rights of a pupil and the public, and the responsibilities of the school under Title IX; a description of how to file a complaint under Title IX. SB 1375 also required the State Superintendent of Public Instruction to electronically send an annual letter to all schools notifying them of this responsibility.

SB 1435 (Jackson, Ch. 633, Stats. 2016) requested that the “Health Framework for California Public Schools” include comprehensive information on the development of healthy relationships and be age and developmentally appropriate.

AB 2654 (Bonilla, Ch. 107, Stats. 2016) required postsecondary educational institutions to post their written policy on sexual harassment on their websites. AB 2654 also required the policy to include information on the complaint process and the timeline for the complaint process. The policy must include information on where to obtain the specific rules and procedures for pursuing available remedies and resources, both on and off campus.

SB 186 (Jackson, Ch. 232, Stats. 2015) enabled the governing board of a CCC district to exercise jurisdiction over student conduct that occurs off district property in cases of sexual assault and sexual exploitation, regardless of the victim’s affiliation with the college.

SB 665 (Block, 2015) would have required the Attorney General to establish a statewide Title IX Oversight Office, required postsecondary educational institutions to report specific data to this office and required each student to complete training on rape and sexual assault awareness and prevention annually. SB 665 was held in the Senate Appropriations Committee.

SB 695 (DeLeón, Ch. 424, Stats. 2015) required K-12 school districts that require completion of a course in health education as a condition of high school graduation to include instruction in sexual assault and violence.

SB 967 (DeLeón, Ch. 748, Stats. 2014) required the governing boards of CCC districts, the CSU Trustees, and the UC Regents, as well as the governing boards of independent postsecondary institutions in California to adopt victim-centered sexual assault, domestic violence, dating violence, and stalking policies as a condition of receiving state funds for student financial assistance.

AB 1433 (Gatto, Ch. 798, Stats. 2014) required the governing board of each public, private and independent postsecondary educational institution, which receives public funds for student financial assistance, to adopt and implement written policies and procedures governing the reporting of specified crimes to law enforcement agencies.

SB 777 (Kuehl, Ch. 559, Stats. 2007) revised the list of prohibited bases of discrimination and the kinds of prohibited instruction, activities, and instructional materials in the Education Code, and instead referred to the protected characteristics contained in the definition of hate crimes in the Penal Code. Defined disability, gender, nationality, race or ethnicity, religion, and sexual orientation for this purpose. Changed the current references of “handicapped” individuals in the Education Code to, instead, refer to individuals with physical disabilities.

AB 3133 (Roos, Ch. 1117, Stats. 1982) enacted the Sex Equity in Education Act, which, similar to its federal Title IX counterpart, prohibits discrimination in California schools on the basis of sex.

PRIOR VOTES:

Senate Education Committee (Ayes 7, Noes 0)

Assembly Floor (Ayes 70, Noes 0)

Assembly Appropriations Committee (Ayes 11, Noes 0)

Assembly Higher Education Committee (Ayes 11, Noes 0)

**************

1. See systemwide recommendation 1 on pages 25-26 and campus recommendations 1 and 2 on pages 26 in the Assembly Higher Education Committee report entitled A Call to Action: How Postsecondary Education Institutions Can Address Sex Discrimination and Provide Educational Justice on Campus (2024), available at https://ahed.assembly.ca.gov/system/files/2024-02/a-call-to-action-report-2024_0.pdf [as of June 9, 2024] ↑

2. A Call to Action: How Postsecondary Education Institutions Can Address Sex Discrimination and Provide Educational Justice on Campus; The California Assembly Committee on Higher Education (2024), available at https://ahed.assembly.ca.gov/system/files/2024-02/a-call-to-action-report-2024_0.pdf ↑

SENATE COMMITTEE ON EDUCATION

Senator Josh Newman, Chair

2023 - 2024 Regular

Bill No: Hearing Date: June 19, 2024

Subject:

NOTE: This bill has been referred to the Committees on Education and Judiciary. A "do pass" motion should include referral to the Committee on Judiciary.

SUMMARY

This bill requires the California State University (CSU) and the University of California (UC) to establish a systemwide Title IX office, a systemwide Office of Civil Rights, a position of civil rights officer, and establishes duties for the systemwide Office of Civil Rights, the civil rights coordinator, and Title IX coordinator.

BACKGROUND

Existing law:

1. Provides that, in part, "no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance." Enforcement of compliance is initiated upon the filing of a complaint alleging a violation of Title IX. (Title IX of the Education Amendments of 1972 to the 1964 Civil Rights Act; United State Code, Title 20, § 1681 et seq)
   
2. Requires each postsecondary education institution in the state to provide a written policy on sexual harassment, including information on the complaint process, on the institutions website. Existing law requires written policies on sexual harassment to include information on the specific rules and procedures for reporting charges of sexual harassment and the available remedies and resources available to survivors both on and off campus. Existing law requires a copy of the written policies on sexual harassment to be:
   
   1. Displayed in a prominent location, as defined, in the main administrative building or in another area on the campus or school site.
      
   2. Provided to students during any orientation program for new students at the beginning of each quarter, semester, or summer session.
      
   3. Provided to each faculty member, administrative staff, and all members of the support staff at the beginning of each school year or at the time the employee is hired.
      
   4. Included in any publication of the institution that includes the comprehensive rules, regulations, procedure, and standards of conduct for the institution. (Education Code (EC) § 66281.5)
      
3. Requires the governing board or body of each postsecondary institution in the state, as a condition of receiving state funding, to comply with numerous requirements pertaining to preventing sexual harassment, and providing complaint and grievance procedures relating to claims of sexual harassment. (EC § 66281.8).

ANALYSIS

This bill requires the CSU and the UC to establish a systemwide Title IX office, a systemwide Office of Civil Rights, a position of civil rights officer, and establishes duties for the systemwide Office of Civil Rights, the civil rights coordinator, and Title IX coordinator. Specifically, this bill:

CSU and UC systemwide Title IX office

1. Requires each campus of the CSU and the UC to establish, on or before July 1, 2026, a Title IX office in a private space for students and employees to disclose reports and complaints of sex discrimination, including, but not limited to, sexual harassment. Authorizes the Title IX office space to be located within an existing office on campus, including, but not limited to, a civil rights office or anti-discrimination office.
   
2. Requires the Title IX office to be under the administration of a Title IX coordinator who shall be responsible for coordinating the campus’ implementation of and compliance with the systemwide non-discrimination policy that is required to be adopted pursuant to # 10 below.
   
3. Requires the CSU Title IX office, and the UC Title IX coordinator and designated staff, to do all of the following:
   
   1. Ensure timely and effective responses to reports and complaints of sex discrimination, including, but not limited to, sexual harassment (the UC is to oversee and ensure).
      
   2. Provide supportive measures to complainants, and, as applicable, respondents (the UC is to oversee the provision of supportive measures).
      
   3. Provide a process of adjudicating and resolving complaints of sex discrimination, including, but not limited to, sexual harassment, pursuant to the systemwide non-discrimination policy that is required to be adopted pursuant to # 10 below (UC is to oversee the process).
      
   4. Maintain a case management system that includes all of the following information for each complaint of sex discrimination, including, but not limited to, sexual harassment:
      
      1. The date of the complaint and the date, nature, and location of the alleged incident or incidents.
         
      2. The name of the person who reported the complaint and the person’s affiliation with the campus, or whether the complaint was reported anonymously.
         
      3. The name and title of the person who received the complaint.
         
      4. The name of the person alleged to have experienced sex discrimination and their affiliation with the campus.
         
      5. The name of the respondent and the respondent’s affiliation with the campus.
         
      6. Any campus community context, including, but not limited to, the athletic team, student organization, or campus department or office where the alleged incident or incidents occurred.
         
      7. Whether the complaint was received by the campus, along with a copy of the notice of allegations provided to the parties. If the campus dismissed the complaint, a copy of the written notice of dismissal provided to the parties with the reason for the dismissal.
         
      8. Whether the campus opened an investigation of the complaint and, if applicable, its reason for declining to investigate the complaint.
         
      9. The name of the person assigned to investigate the complaint, and the name of the person assigned to implement any supportive measures.
         
      10. All supportive measures offered and implemented in response to the complaint.
          
      11. The names of all witnesses identified by either party, interview notes or summaries, if available, and, for any witnesses who were not interviewed, an explanation of why they were not interviewed.
          
      12. Once completed, the final investigative report for the complaint and any response made to the final investigative report by the complainant or respondent.
          
      13. The outcome of the complaint, including, if applicable, the rulings from a hearing on the complaint and any disciplinary measures.
          
      14. The remedies implemented by the Title IX coordinator and the campus, if applicable, to deter and prevent the recurrence of sex discrimination incidents.
          
   5. Develop and implement a prevention and outreach program on sex discrimination, including, but not limited to, sexual harassment. Requires the program to be reviewed and, if necessary, updated annually to address sex discrimination incidents and prevent the recurrence of sex discrimination incidents (UC is to oversee the development and implementation). Requires the program of prevention and outreach to do all of the following:
      
      1. Address a range of strategies to prevent sex discrimination, including, but not limited to, a survivor empowerment program, a public awareness campaign, primary prevention, bystander intervention, and risk reduction.
         
      2. Provide to students, faculty, and staff information regarding the protocols for reporting complaints of sex discrimination, including the name, office location, and contact information of the Title IX coordinator, by both of the following means:
         
4. Emailing the information to each student, faculty member, and staff member at the beginning of each academic semester or other academic term.
   
5. Including the information as part of an on-campus orientation program.
   
   1. Develop and implement a campus prevention training program for students, faculty, and staff (UC is to oversee the development and implementation). Requires the campus prevention training to do, or include, but not be limited to, all of the following:
      
      1. Incorporate required bystander intervention training, policy awareness training, and primary prevention training.
         
      2. Adopt an approach of intersectionality that calls for a pursuit of culturally relevant programs and practices that name and meaningfully consider how students, faculty, and staff of various identities, including, but not limited to, race, national origin, gender identity, class, sexual orientation, and ability, interact with each other.
         
      3. Training that contains feedback loops to determine if the training is having the intended effect.
         
      4. Training that complies with the existing requirement to provide training annually to students on sexual violence and sexual harassment.
         
      5. In response to patterns of occurrences of sex discrimination incidents, provide additional prevention training to student organizations on campus, including, but not limited to, college-affiliated fraternities and sororities, athletic teams, and students who reside on campus.

Title IX coordinator

1. Requires the Title IX coordinator to have the authority and responsibility to implement a consistent campuswide response to complaints of sex discrimination, including, but not limited to, sexual harassment. Requires the Title IX coordinator to have the experience, training, and expertise necessary to coordinate and carry out the systemwide non-discrimination policy pursuant to # 10 below.
   
2. Requires the Title IX coordinator to operate with the authority, independence, and resources necessary to fulfill the duties established pursuant to this bill. Requires the Title IX coordinator to be a full-time position, and be responsible for preventing and addressing sex discrimination, including, but not limited to, sexual harassment, on campus (UC is responsible for overseeing campuswide efforts to prevent and address sex discrimination).
   
3. Requires the Title IX coordinator to meet, on or before September 1, 2026, and at least once every three months thereafter, with the campus president or chancellor to provide an update on the Title IX office’s compliance with its duties as required by this bill. Requires the update to include how the campus is fulfilling the obligation to provide educational programs free from sex discrimination. Requires an annual summary of the updates to be posted on the campus website, beginning on September 1, 2027.
   
4. Requires the Title IX coordinator and the president or chancellor of the campus, beginning with the 2026–27 academic year, to assess whether additional staffing or resources are needed by the Title IX office to fulfill the duties of the Title IX office established by this bill. This bill requires the Title IX coordinator and the president or chancellor of the campus, if additional staff or resources are needed, to make a request for the additional staffing or resources to be included in the annual systemwide budget request, in compliance with the policies established by the system for making budgetary requests.
   
5. Requires these provisions to apply to the UC, notwithstanding existing law that makes statutes applicable only to the extent they are adopted by resolution of the UC Board of Regents.

CSU and UC systemwide Office of Civil Rights and civil rights officer

1. Requires the CSU and the UC each do both of the following, by July 1, 2026:
   
   1. Establish a systemwide Office of Civil Rights for the purpose of ensuring campus programs and activities are free from sex discrimination. Requires the office to be led by the systemwide civil rights officer designated pursuant to (b) below, who shall report on a periodic and regular basis to the leader of the system and the systemwide governing board about the status of the implementation of the systemwide non-discrimination policies pursuant to # 10 below. Requires the systemwide civil rights officer to be responsible for coordinating the system’s implementation of and compliance with the systemwide non-discrimination policies established pursuant to # 10 below.
      
   2. Establish the position of, and designate a staff person as, the systemwide civil rights officer to monitor the system’s compliance with the requirement to ensure that campus programs and activities are free from discrimination. Requires the systemwide civil rights officer to have the experience, training, and expertise necessary to coordinate and carry out the requirements of the systemwide Office of Civil Rights pursuant to this bill, and to, if necessary, recruit, hire, and train personnel to carry out the requirements of this bill.
      
2. Requires the systemwide Office of Civil Rights to do all the following:
   
   1. Establish and adopt a single, systemwide non-discrimination policy for the entire system, in consultation with confidential advocates, sexual assault and domestic violence counselors, students, faculty, and staff (UC is to identify and maintain a single, systemwide policy). The policy shall incorporate state and federal law pertaining to the prevention of sex discrimination, including, but not limited to, Title IX and related state laws.
      
   2. Develop and implement a grievance procedure, in accordance with the policy adopted pursuant to (a), for prompt and equitable processing, adjudication, and resolution of all complaints of sex discrimination filed by students, faculty, or staff in which the respondent is any of the following:
      
      1. A campus chancellor.
         
      2. A campus president.
         
      3. A campus Title IX coordinator.
         
      4. An employee of the systemwide office of the leader of the system.
         
      5. A member of the systemwide governing board.
         
      6. The leader of the system.
         
   3. Adjudicate any complaints in accordance with the systemwide non-discrimination policy adopted pursuant to (a) (UC is to oversee the adjudication).
      
   4. Provide annual training for personnel in Title IX offices on a campus of the CSU or UC (UC is to oversee the training).
      
   5. Establish and serve as a resource for the implementation of the best practices guidance for the prevention of sex discrimination and the adjudication of complaints of sex discrimination as required by the systemwide non-discrimination policy adopted pursuant to (a).
      
   6. Process appeals for sex discrimination complaints (does not apply to UC).
      
   7. Conduct a compliance review, at least once every three years, of each campus of the CSU, and every five years for each campus of the UC, to determine whether they are complying with the systemwide non-discrimination policy pursuant to (a), and the best practices established pursuant to (e). Requires these compliance review to be presented during a public session of the systemwide governing board in the year the review is completed and be made public on the website of the systemwide governing board and on the campus website.
      
   8. Establish a range of disciplinary sanctions for respondents who are students, faculty, or staff of the system and who are found to have violated the system’s non-discrimination policy.
      
   9. Annually assess whether the systemwide Office of Civil Rights requires additional staffing or resources to comply with this bill, and, if required, make a request for the additional staffing or resources to be included in the annual systemwide budget request made by the system, in compliance with the policies established by the system for making budgetary requests.
      
3. Requires these provisions to apply to the UC, notwithstanding existing law that makes statutes applicable only to the extent they are adopted by resolution of the UC Board of Regents.

STAFF COMMENTS

1. Need for the bill. According to the author, “California has long been heralded as a state for equity and inclusion; however, the methods in place to monitor and address sex discrimination on our collegiate campuses are archaic when compared to other states. AB 2047 seeks to build upon identified best practices by requiring the CSU and UC to each have a systemwide Civil Rights office. The measure is part of a larger bill package that seeks to provide a system of support and accountability by which each campus is enabled to fulfill their duty of providing educational programs free from sexual harassment and sex discrimination. AB 2047 will also require the CSU and the UC to establish Title IX offices on each campus to help adjudicate cases of harassment. This bill will help to rebuild the trust gap between the campus and its community.”
   
2. Recent report on how postsecondary education institutions address sexual discrimination. Throughout 2023, staff from the Assembly Higher Education Committee and this committee hosted fact-finding briefings with representatives from the CCC, CSU, UC, and various California Independent Colleges and Universities to understand how higher education institutions are preventing and addressing sexual discrimination on campuses. The Assembly Higher Education Committee released a report that provides a synopsis of the information gleaned from the briefings and a compilation of legislative proposals for how the State can partner with higher education institutions to prevent and address discrimination in all its forms on college and university campuses throughout California. https://ahed.assembly.ca.gov/system/files/2024-02/a-call-to-action-report-2024_0.pdf
   
   As noted in the report, “[T]he CCC is the only system without a systemwide Title IX coordinator and a formal systemwide policy for how to prevent and address sex discrimination on campus. Committee Staff acknowledge that with local control there are limits to how uniform policies and procedures will be at the community colleges. Committee Staff also recognize the limitation of the Chancellor’s Office to conduct meaningful oversight while also honoring local control. … Both the CSU and the UC have campus-based Title IX offices, Title IX coordinators at each campus, and a systemwide Title IX offices. The CSU and UC each have one systemwide policy on how to address complaints of sex discrimination on campus.”
   
   This bill addresses the report’s recommendation that (a) each system have a Systemwide Office of Civil Rights that is independent from the systemwide office and reports directly to the systemwide governing board; (b) the office should have a systemwide Title IX coordinator and deputy coordinator, and be tasked with specified actions.
   
3. Systemwide Title IX offices. A recent report commissioned by the CSU Board of Trustees, known as the Cozen O’Connor report, revealed that the CSU Chancellor’s Office provides more of an advisory role rather than one of deliberate oversight of the CSU’s 23 campuses.
   
   In 2014, a California State Audit raised concerns regarding the oversight role of the CSU Chancellor’s Office as it relates to sexual harassment and sexual violence prevention. The State Auditor recommended, in 2014, that the CSU Chancellor’s Office conduct annual Title IX reviews. However, due to budgetary restrictions and staffing turnovers, these annual reviews have not been conducted.
   
   A State Audit in July 2023 revealed the CSU does not have uniform guidance for how campuses should utilize the CSU’s non-discrimination policy to prevent sexual harassment and discrimination on campuses. Each campus applies the policy in an ad hoc manner which, as indicated by the Audit, which has led to a variety of definitions of what constitutes a violation of the non-discrimination policy and varied outcomes of complaints.
   
   The UC instituted a Title IX structure to oversee the compliance with Title IX and other non-discrimination laws. The UC Office of the President employs a systemwide Title IX coordinator, who oversees and manages the systemwide Title IX office. The systemwide Title IX office is comprised of five officers who provide direction and support for the Title IX offices on campuses, assist in implementing best practices in harassment prevention and response, and provide investigative support for the UC campus Title IX offices. The systemwide Title IX office also develops and delivers educational and training materials to the campus practitioners, campus-based Title IX offices, and other university partners involved in the prevention of discrimination on campus. The systemwide Title IX coordinator periodically meets with the campus-based Title IX coordinators to understand trends and patterns of harassment on campus and to provide integral support to the campus-based practitioners. Data is collected by each of the campuses on sex discrimination and the data is shared with the systemwide office for assistance in compliance and prevention of sex discrimination. The systemwide office monitors each of the campuses to ensure any sex discrimination patterns are recognized and addressed at the campus level. This bill implements the UC’s model, for both the UC and CSU, by requiring a system of monitoring, compliance, and guidance from the systemwide office to the campus-based offices.
   
4. Systemwide Offices of Civil Rights. The UC created a systemwide Office of Civil Rights in early 2024 to serve as an umbrella office to provide systemwide leadership, guidance and support on issues related to protecting civil rights at its campuses, medical centers, national labs, and the UC Office of the President. This new systemwide Office of Civil Rights will encompass the existing Systemwide Title IX Office, a new Systemwide Anti-Discrimination Office, and a new Systemwide Disability Rights Office. The executive director of this new office will report directly to the UC President.
   
   The Cozen O’Connor report (see comment # 3) includes a general recommendation that indicates CSU should establish a systemwide Office of Civil Rights. While the CSU has not yet officially created this office, it has posted job announcements for positions in this office, and appears to be restructuring their Title IX office and Discrimination, Harassment, and Retaliation offices into the new Office of Civil Rights.
   
5. Fiscal impact. According to the Assembly Appropriations Committee, this bill would impose ongoing minor and absorbable General Fund costs to CSU and UC to continue the work of the newly established Office for Civil Rights Programming and Services and to continue operating Title IX offices. CSU and UC likely would have continued this work absent this bill; however, current law does not require CSU and UC have these offices. This bill creates what would likely be a significant cost pressure to CSU and UC, potentially in the millions of dollars total annually, to continue to fund the offices.
   
6. Related legislation.
   
   AB 2492 (Irwin, 2024) requires each public postsecondary education institution to establish specified positions and designate at least one person to fulfill each position, including a confidential student advocate, a confidential staff and faculty advocate, and a confidential respondent services coordinator. AB 2492 is scheduled to be heard in this committee on June 19, 2024.
   
   AB 2326 (Alvarez, 2024) recasts and modifies statutes that specify which individual or office within each public higher education segment is responsible for ensuring campus programs are free from discrimination, and who has the authority to oversee and monitor compliance with state and federal laws related to anti-discrimination, specifically including sexual harassment. AB 2326 is pending in the Senate Judiciary Committee.
   
   AB 2987 (Ortega, 2024) requires each campus of the CSU and the California Community Colleges (CCC), and requests each campus of the UC, provide updates on the status of complaints of sexual discrimination to complainants and respondents. AB 2987 is pending in the Senate Appropriations Committee.
   
   AB 2608 (Gabriel, 2024) expands currently required annual training for students on sexual violence and sexual harassment to also include topics related to alcohol- and drug-facilitated sexual assault and confidential support and care resources for situations that arise as a result of an act of sexual violence and/or sexual harassment. AB 2608 is pending in the Senate Appropriations Committee.
   
   AB 2925 (Friedman, 2024) creates a requirement for specific anti-discrimination training or diversity, equity, and inclusion training offered by postsecondary education institutions to include training on how to combat and address discrimination against the five most targeted groups in the state. AB 2925 is scheduled to be heard in this committee on June 19, 2024.
   
   AB 1575 (Irwin, 2024) authorizes students who receive a disciplinary notification the right to have an adviser of their choosing and requires postsecondary education institutions to provide training for the aforementioned adviser. AB 1575 is scheduled to be heard by the Senate Judiciary Committee on June 18, 2024.
   
   AB 2048 (Mike Fong, 2024) requires the CCC Chancellor to convene a community college sexual harassment and Title IX working group to, among other things, review the policies and procedures of community college and Title IX offices to determine whether they are effective in preventing, detecting, and addressing sexual harassment on community college campuses. AB 2048 is scheduled to be heard in this committee on June 19, 2024.
   
   AB 2407 (Hart, 2024) requires the California State Auditor to report, by September 1, 2026, and every three years thereafter, the results of an audit of the ability of the CCCs, the CSU, and the UC to address and prevent sexual harassment on campus. AB 2407 is pending in the Senate Appropriations Committee.
   
   SB 1166 (Dodd, 2024) (1) expands the scope of a currently-required CSU report containing a summation of the activities undertaken by each campus and by the systemwide Title IX office to also include outcomes of appeals, a list of personnel who are exempt from being a “responsible employee,” and a yet-to-be-developed annual report that compiles campus-based evaluations of how sex discrimination is addressed on campuses; and, (2) requests the UC and requires each community college district to also submit this report. SB 1166 is scheduled to be heard by the Assembly Higher Education Committee on June 18, 2024.
   
   SB 1491 (Eggman, 2024) (1) requires the CSU Trustees and the governing board of each community college district to designate an employee at each of their respective campuses as a point of contact for the needs of lesbian, gay, bisexual, asexual, pansexual, transgender, gender-nonconforming, intersex and two-spirit faculty, staff, and students at the respective campus; (2) requires the point of contact to be a confidential employee, as specified; (3) requires the CSU Trustees and the governing board of each community college district to adopt and publish policies on harassment, intimidation, and bullying and include these policies within the rules and regulations governing student behavior; and, (4) requires California Student Aid Commission, beginning with the 2026-27 school year, to provide written notice to students who receive state financial aid whether their college or university has a religious school exemption from Title IX. SB 1491 is scheduled to be heard by the Assembly Higher Education Committee on June 18, 2024.
   
   AB 810 (Friedman, 2024) (1) requests the governing board or body of an independent institution of higher education that receives state financial assistance, as part of the hiring process for specified positions, to require an applicant to disclose any final administrative decision or final judicial decision issued within the last seven years determining that the applicant committed sexual harassment; (2) requires the governing board of community college districts and the Trustees of the CSU (and requests the Regents of the UC), to require an applicant for an academic, athletic, or administrative position to sign a release form that authorizes the release of information by previous employers concerning any substantiated allegations of misconduct and, (3) requires the UC, CSU, CCC, independent institutions of higher education, and private postsecondary educational institutions, during the process to authorize a volunteer in an athletic department, to contact the current or former employer to determine if the applicant violated any employment policies. AB 810 is scheduled to be heard by the Senate Judiciary Committee on June 18, 2024.
   
   AB 1905 (Addis, 2024) prohibits an employee of a public postsecondary educational institution from being eligible for retreat rights and from receiving a letter of recommendation if the employee is the respondent in a sexual harassment complaint where a final determination has been made, the employee resigned, or the employee enters into a settlement with the institution. AB 1905 is pending in the Senate Judiciary Committee.
   
   AB 1790 (Connelly, 2024) requires the CSU to implement the recommendations provided in a 2023 California State Auditor report related to CSU’s handling of allegations of sexual harassment. AB 1790 is pending in the Senate Appropriations Committee.
   

SUPPORT

Office of Lieutenant Governor Eleni Kounalakis

California Federation of Teachers

California State Student Association

California State University Employees Union
California State University, Office of the Chancellor
Cleanearth4Kids.org
Faculty Association of California Community Colleges

OPPOSITION

None received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 2047

Author:(Mike Fong)

As Amended Ver:May 16, 2024

Majority vote

SUMMARY

Requires the California State University (CSU), and the University of California (UC) to establish a Systemwide Office of Civil Rights for the purpose of assisting campuses within the system in addressing and preventing sex discrimination and requires each campus of the CSU and UC to establish to establish a Title IX office on each campus and establishes the responsibilities of the Title IX office.

Major Provisions

1. Requires the CSU, and UC to establish a systemwide Office of Civil Rights for the purpose of ensuring campus programs and activities are free from sex discrimination. The office will be located in, but will be independent from the systemwide office of either the Chancellor's Office (CSU) or the Office of the President (UC).
2. Establishes the position of a systemwide civil rights officer (officer), who will periodically report to the leader of the system and to systemwide governing board and will be responsible for coordinating the system's implementation and compliance with systemwide nondiscrimination policies, as defined.
3. The Office of Civil Rights will be tasked with accomplishing specified responsibilities including, but not limited to the following:
   1. Establishing and updating a single nondiscrimination policy for the entire system, as defined;
   2. Provide annual training for personnel in campus-based Title IX offices, as required;
   3. Establish best practice guidance for the prevention of sex discrimination and the adjudication of complaints of sex discrimination as required by the systemwide nondiscrimination policy;
   4. Empower campus-based Title IX officers in implementing the established best practices;
   5. Develop and implement a comprehensive prevention education and prevention training program for students, faculty, and staff on campus within the system, as defined;
   6. Process appeals for sex discrimination complaints as required by Education Code Section 66292.3;
   7. Establish systemwide disciplinary sanctions for sexual harassment and sex discrimination cases; and,
   8. Conduct compliance reviews of each campus within the system at least once every three years as to whether the campus is preventing and address sexual harassment; and present the compliance reviews to systemwide board, as defined.
4. Establishes, by July 1, 2026, at each campus of the CSU and each campus of the UC a Title IX office (office) as defined. The office will have the defined responsibilities including, but not limited to:
   1. Ensure timely and effective responses to complaints of sex discrimination;
   2. Provide supportive measures to complainants and respondents;
   3. Process, adjudicate, and implement the outcomes of complaints of sex discrimination as required by the CSU or UC nondiscrimination policy;
   4. Maintain a case management system; as defined;
   5. Develop and implement a comprehensive prevention and outreach program on sex discrimination, as defined.
   6. Provide trainings to student, faculty, and staff in accordance with the systemwide nondiscrimination policy.
5. Authorizes the Title IX coordinator to have the authority and responsibility to implement a consistent campus based response to complaints of sex discrimination. The coordinator will have experience, training, and expertise necessary to coordinate and carry out the systemwide nondiscrimination policy. The Title IX coordinator will be a full-time position who will operate with authority, independent and the resources necessary to fulfill the duties of the Title IX office.
6. Requires the Title IX coordinator will by September 1, 2026, and every three months thereafter, meet with the campus president (CSU) or the campus chancellor (UC) and to provide a comprehensive report on the activities of the Title IX office. The report will include an action plan on how to address and prevent complaints of sexual harassment on campus. The report will be provide to the systemwide Office of Civil Rights.

COMMENTS

Systemwide Title IX offices. There are many divisions, at the CSU Chancellor's Office, whose jurisdiction includes preventing discrimination. The Office of General Counsel, Human Resources, the systemwide Title IX coordinator, and the Title IX compliance unit all share the responsibility of enacting policies to prevent sex discrimination on CSU campuses.

The CSU systemwide Title IX coordinator is tasked with maintaining the systemwide sexual harassment policy and is responsible for monitoring campuses' compliance with the policy. Furthermore, the systemwide Title IX coordinator is responsible for the adjudication of specific cases and any appeals of complaints originally processed by CSU campuses. The sex discrimination cases the systemwide Title IX coordinator handles include claims against a campus President, the Chancellor, a member of the Board of Trustees, or a campus-based Title IX coordinator

In theory, based on the above, the Title IX compliance unit operates as a supervisory unit that often interacts, monitors, and provides when necessary policy corrections to campus Title IX offices and coordinators on their handling of sexual harassment and discrimination complaints. However, according to a report examining the compliance of all 23 campuses with state and federal laws, commissioned by the Board of Trustees (the Cozen O'Connor report), the Chancellor's Office provides more of an advisory role rather than one of deliberate oversight. The same report found that the current model of support is ineffective in ensuring consistent and effective implementation of Title IX and the CSU's nondiscrimination policies across the system.

While the UC may be constitutionally autonomous from the California Legislature, it is still required to follow federal law including the laws preventing discrimination on campus. Furthermore, EDC Section 66292.2 delegates the shared responsibility of ensuring campus programs and activities are free from discrimination to the President of the UC and the chancellor of each campus. The Education Code Sections governing sexual harassment and sex discrimination all apply to the UC as the Legislature has tied the compliance of those sections to the receipt of financial aid for students.

To comply with the requirements of EDC Section 66292.2 the UC instituted a Title IX structure to oversee the compliance with Title IX and other nondiscrimination laws. The UC Office of the President (UCOP) employs a systemwide Title IX coordinator, who oversees and manages the systemwide Title IX office. The systemwide Title IX office's primary mission is to support the system's commitment to providing a safe and discrimination-free learning and working environment.

The UC systemwide Title IX office is comprised of five officers who provide direction and support for the Title IX offices on campuses, assist in implementing best practices in harassment prevention and response, and provide investigative support for the UC campus Title IX offices. The systemwide Title IX office also develops and delivers educational and training materials to the campus practitioners, campus-based Title IX offices, and other university partners involved in the prevention of discrimination on campus. The systemwide Title IX coordinator periodically meets with the campus-based Title IX coordinators to understand trends and patterns of harassment on campus and to provide integral support to the campus-based practitioners. Data is collected by each of the campuses on sex discrimination and the data is shared with the systemwide office for assistance in compliance and prevention of sex discrimination. The systemwide office monitors each of the campuses to ensure any sex discrimination patterns are recognized and addressed at the campus level.

Title IX offices on campuses. The Federal Title IX regulations and the Sex Equity Act in the California Education Code, require CCC, CSU, and UC campuses to have at least one designated employee who addresses sexual harassment complaints. EDC Section 66281.8 stipulates the same person designated to oversee the campuses federal Title IX regulations can also oversee the California Equity Act requirements for the adjudication of sexual harassment cases. To be clear, EDC Section 66281.8 requires the designated employee to be on campus and was to be implemented by January 1, 2022, regardless of whether funding was provided for implementation.

This measure seeks to build upon EDC Section 66281.8 by creating campus-based (CSU and UC) Title IX offices with dedicated staff, whose sole job responsibility is to address sex discrimination and sexual harassment complaints.

At the CSU and UC, there are dedicated Title IX offices on each campus. While the staffing ratios of the campuses vary, each campus has more than one staff member whose primary role is addressing and preventing sex discrimination.

The number of staffing positions vary as does the responsibilities of the Title IX positions. At the very least, each campus has at one designated Title IX personnel. However, as described in the Assembly Higher Education Committee "A Call to Action" report, multiple sources have suggested a best practice is to have more than one person conducting prevention and adjudication work on collegiate campuses for the purposes of addressing sex discrimination.

In June 2020, San José State University was found to have failed to comply with certain aspects of Federal Regulations for the prevention of sex discrimination (Title IX) and the resolution served as a compliance agreement by which the campus agrees to implement the sections of the resolution and in return the U.S. Department of Justice would pursue a case against the campus. In the U.S. Department of Justice Civil Rights Division's "Resolution Agreement between the United States of America and San José State University," several mandates were required of San José State University including: minimum Title IX staffing requirements and reviews to the staffing quotas, case management requirements, staff training requirements, and outreach and prevention educational programming requirements. This measure codifies many of the requirements listed in the resolution agreement for all campuses of the CSU and UC.

According to the Author

As detailed by the author, "California has long been heralded as a state for equity and inclusion; however the methods in place to monitor and address sex discrimination on our collegiate campuses are archaic when compared to other states. AB 2047 seeks to build upon identified best practices by requiring the CCC, CSU and UC to have each segment establish a systemwide Civil Rights office. The measure is part of a larger bill package that seeks to provide a system of support and accountability by which each campus is enabled to fulfill their duty of providing educational programs free from sexual harassment and sex discrimination. AB 2047 would require each Civil Rights office to have trained staff and assigns specific duties to the office as the first monitoring entity by which the system may hold itself accountable to state and federal laws."

Arguments in Support

As articulated by the Cal State Student Association, representing nearly half a million students within the CSU system, "AB 2047, aligning with key recommendations from the Call to Action Report, signifies a vital step forward in this endeavor. AB 2047 mandates the establishment of a systemwide Office of Civil Rights and the appointment of a systemwide Title IX coordinator. These measures ensure that each campus has dedicated resources and personnel responsible for upholding nondiscrimination policies and complying with federal and state laws regarding sex discrimination. Furthermore, the bill emphasizes the importance of developing comprehensive prevention education and training programs for students, faculty, and staff. By incorporating bystander prevention, policy awareness, and assault prevention training, these programs empower our communities to effectively recognize and address instances of sex discrimination. Additionally, the requirement for regionally based hearing officers, trained in both systemwide nondiscrimination policy and Title IX regulations, enhances the fairness and impartiality of adjudication processes for complaints of sex discrimination. We also appreciate the transparency and accountability measures included in the bill, such as quarterly evaluations of campus-based Title IX coordinators and annual reporting requirements."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Assembly Committee on Appropriations:

Ongoing minor and absorbable General Fund costs to CSU and UC to continue the work of the newly established Office for Civil Rights Programming and Services and to continue operating Title IX offices. CSU and UC likely would have continued this work absent this bill, however, current law does not require CSU and UC have these offices. This bill creates what would likely be a significant cost pressure to CSU and UC, potentially in the millions of dollars total annually, to continue to fund the offices.

VOTES

ASM HIGHER EDUCATION: 11-0-0

YES: Mike Fong, Ta, Arambula, Boerner, Chen, Alanis, Irwin, Jackson, Addis, Muratsuchi, Quirk-Silva

ASM APPROPRIATIONS: 11-0-4

YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua

ABS, ABST OR NV: Sanchez, Dixon, Jim Patterson, Ta

UPDATED

VERSION: May 16, 2024

CONSULTANT: Ellen Cesaretti-Monroy / HIGHER ED. / (916) 319-3960 FN: 0003402

Date of Hearing: May 8, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 2047

Author:(Mike Fong) – As Amended Ver:April 18, 2024

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

SUMMARY:

This bill requires the California Community Colleges (CCC), California State University (CSU), and University of California (UC), by July 1, 2026, to establish an independent, systemwide Office of Civil Rights for the purpose of ensuring campus programs and activities are free from sex discrimination. This office is required to have a Title IX coordinator and is responsible for various activities, including developing best practices, trainings, reports, and compliance reviews, and providing assistance to campuses regarding Title IX.

Specifically, this bill requires the Office of Civil Rights for each respective system to, among other activities:

1. Develop a systemwide nondiscrimination policy. The nondiscrimination policy is to be reviewed and, if necessary, updated annually.
2. Develop and implement a grievance procedure for complaints of sex discrimination.
3. Provide annual training for personnel in Title IX offices and develop and implement a systemwide prevention training program for students, faculty, and staff.
4. Establish best practice guidance for the prevention of sex discrimination and the adjudication of complaints of sex discrimination and assist Title IX offices on campuses in implementing best practices.
5. Process appeals for sex discrimination complaints.
6. Provide an action plan for improving the activities of the Title IX office.
7. Conduct a compliance review, at least once every three years, of each district of the CCC district, each CSU campus, or each UC campus to determine whether they are complying with the systemwide nondiscrimination policy.
8. Establish disciplinary sanction guidelines for respondents who are students, faculty, or staff of the system and who are found to have violated the system’s nondiscrimination policy.
9. By July 1, 2027, and annually thereafter, compile reports related to sex discrimination from the previous year into one report. The bill requires the office to provide the report to system leadership and post it on the system’s website.
10. Annually assess whether the systemwide Office of Civil Rights requires additional staffing or resources to comply with this section, and, if required, make a written request for resources to be included in the annual systemwide budget request to the Legislature.

FISCAL EFFECT:

1. One-time General Fund costs to CCC, likely in the mid hundreds of thousands of dollars, to establish the office, and undertake one-time activities, such as updating policies and creating trainings.
2. Ongoing General Fund costs to CCC, likely in the low millions of dollars annually, to operate a new Office of Civil Rights and all the responsibilities therein. This assumes the office would need to hire between 20 and 30 staff for the 72 district system.
3. Ongoing General Fund costs to CSU, likely in the low millions of dollars annually, to continue the work of the newly established Office for Civil Rights Programming and Services.

While this bill’s requirement do not exactly align with the duties of the new office, CSU indicates the differences are likely absorbable within the existing duties of the office. The reason this bill has costs to CSU, despite already taking on much of the bill’s requirements, is because it codifies the requirement CSU continue to operate the office whereas, under current law, CSU may choose to no longer operate the office.

1. One-time General Fund costs to UC, likely in the low hundreds of thousands of dollars, to establish the office, and undertake one-time activities, such as updating policies and creating trainings.
2. Ongoing General Fund costs to UC, likely in the mid hundreds of thousands of dollars annually, to operate a new Office of Civil Rights and all the responsibilities therein. This assumes the office would need to hire three to five staff for the nine campus system.

To the extent this bill’s requirements related to training and other campus level activities result in costs to CCC districts, the Commission on State Mandates may determine this bill imposes a reimbursable state mandated cost.

According to the Legislative Analyst’s Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years.

COMMENTS:

1. Purpose. According to the author:

AB 2047 seeks to build upon identified best practices by requiring the CCC, CSU and UC to have each segment establish a systemwide Civil Rights office. The measure is part of a larger bill package that seeks to provide a system of support and accountability by which each campus is enabled to fulfill their duty of providing educational programs free from sexual harassment and sex discrimination.

1. Background. Federal law (Title IX of the Education Amendments of 1972 to the 1964 Civil Rights Act) states that, "no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program of activity receiving Federal financial assistance." Sexual harassment on college campuses may be considered a violation of Title IX because it impedes a student’s right to receive an education free of sex-based discrimination. Federal law requires institutions of higher education to designate an individual on each campus to serve as a Title IX coordinator.

Similarly, state law, known as the Equity in Higher Education Act, states that no person shall be subjected to discrimination on the basis of, among other things, sex, in any program or activity conducted by any postsecondary educational institution that receives or benefits from state financial assistance.

This bill is part of the Assembly’s “Call to Action” bill package. The bill package includes several bills related to addressing sexual discrimination on college and university campuses. The bills in the package largely pull from recommendations made in a recent report on campus sexual discrimination published by the Assembly Higher Education Committee. The report was pursued in reaction to a recent state audit of CSU’s mishandling of sexual discrimination and news reports of mishandling of sexual discrimination across California’s colleges and universities.

This is a companion bill to AB 2048 (Mike Fong), which requires, by July 1, 2026, each CCC district, and each campus of the CSU and UC, to establish a Title IX office in a private space for students and employees to disclose reports and formal complaints of sex discrimination. AB 2047 intends for systemwide Offices of Civil Rights to work with campus Title IX offices created by AB 2048 to protect students from discrimination.

Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081

Date of Hearing: April 16, 2024

ASSEMBLY COMMITTEE ON HIGHER EDUCATION

Mike Fong, Chair

ABPCA Bill Id:AB 2047 (

Author:Mike Fong) – As Amended Ver:March 19, 2024

SUBJECT: Public postsecondary education: discrimination prevention: systemwide offices of civil rights

SUMMARY: Requires the California Community Colleges (CCC), the California State University (CSU), and the University of California (UC) to establish a Systemwide Office of Civil Rights for the purpose of assisting campuses within the system in addressing and preventing sex discrimination. Specifically, this bill:

1. Requires the CCC, CSU, and UC to establish a systemwide Office of Civil Rights for the purpose of ensuring campus programs and activities are free from sex discrimination. The office will be located in, but will be independent from the systemwide office of either the Chancellor’s Office (CCC and CSU) or the Office of the President (UC).
2. Establishes the position of a systemwide Title IX coordinator (coordinator), who will report directly to the systemwide governing board and will be responsible for coordinating the system’s implementation and compliance with systemwide nondiscrimination policies. The coordinator will oversee and monitor the compliance of each campus Title IX office (CSU and UC) and the district Title IX office (CCC) with state and federal, as defined. The coordinator will have the experience, training, and expertise necessary to coordinator and carry out the requirements of the systemwide Office of Civil Rights. Permits the coordinator to hire additional staff if necessary to complete the duties assigned to the Office of Civil Rights.
3. The Office of Civil Rights will be tasked with accomplishing the following:
   1. Establishing a single nondiscrimination policy for the entire system and will consult with confidential advocates, sexual assault and domestic violence counselors, students, faculty, and staff during the creation of the nondiscrimination policy. The policy will contain the policies and procedures required by Title IX of the Education Amendments of 1972 and Education Code Section 66281.5, 66281.8, and 67385, 67385.7, and 67386;
   2. Update the nondiscrimination policy as listed by (a) above, to be annually updated by the coordinator and the leader of the system in consultation with staff, faculty, and students, campus or district Title IX coordinator, as applicable. Any changes to the systemwide nondiscrimination policy must be presented to the systemwide governing board for approval;
   3. In accordance with the policy created in (3) (a) of this analysis, develop and implement, a grievance procedure for the prompt and equitable processing, adjudication, and resolution of all complaints of sex discrimination filed by students faculty, and staff when the respondent is any of the following employees of the system:
      1. A campus chief executive officer (CCC);
      2. A campus chancellor (UC) or president (CSU);
      3. A campus-based or district-based Title IX coordinator;
      4. An employee of the systemwide office of the leader of the system; and,
      5. A member of the systemwide governing board;
   4. For cases as listed in (c) above, the Office of Civil Rights will investigate and adjudicate the complaints as filed in accordance with the nondiscrimination policy;
   5. Provide annual training for personnel in campus-based or district-based Title IX offices, as required;
   6. Establish best practice guidance for the prevention of sex discrimination and the adjudication of complaints of sex discrimination as required by the systemwide nondiscrimination policy;
   7. Oversee and monitor the activities of campus-based or district-based Title IX offices to determine if sex discrimination complaints are being processed in a timely manner; and, if the campus or district Title IX offices are addressing patterns of sex discrimination on campus;
   8. Develop and implement a comprehensive prevention education and prevention training program for students, faculty, and staff on campus within the system. The prevention education and prevention training will include the following:
      1. Incorporate bystander prevention training, policy awareness training, and assault prevention training;
      2. Adopt an approach of intersectionality that calls for a pursuit of culturally relevant programs and practices that consider how students, faculty, and staff of various identities interact with each other.
      3. Feedback loops to determine if the training is having the intended effect; and,
      4. Training required by Education Code Section 67385.7;
   9. Process appeals for sex discrimination complaints as required by Education Code Section 66292.3;
   10. Establish a list of regionally based hearing officers who are trained in the system’s nondiscrimination policy and are neutral and impartial to the outcome of the hearing. The hearing officer may be a Title IX coordinator from within the system. Establishes a procedure for selecting a hearing officer of cases overseen by the systemwide Title IX coordinator;
   11. Establish systemwide disciplinary sanctions for sexual harassment and sex discrimination cases;
   12. Compile the three-month evaluations, as defined, within the academic year into an annual report. The report will be provided to the systemwide governing board and the leader of the system. The report will be presented annually during a public hearing of the systemwide governing board and will be posted on the systemwide internet website; and,
   13. Annually assess whether the Office of Civil Rights requires additional staffing or resources to complete the tasks above; and if additional resources or staff are required to make the request in the system’s annual budget request to the California State Legislature.
4. Defines the following:
   1. “Leader of the system” means the Chancellor of the CCC, the Chancellor of the CSU, or the President of the UC:
   2. “Systemwide governing board” means the Board of Governors of the CCC, the Board of Trustees of the CSU, and the Board of Regents of the UC;
   3. “Systemwide office of the leader of the system” means the office of the CCC Chancellor, the office of the CSU Chancellor, and the UC Office of the President.
5. Establishes, if the Commission on State Mandates determines, that this bill contains costs mandated by the state, the state shall reimburse the applicable entities.

EXISTING LAW: Federal law.

1. No person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance except for specified circumstances including membership of fraternities and sororities (United States Code Title 20, Chapter 38, Section 1681… colloquially known as Title IX).
2. Outlines the required response pursuant to Title IX, of a postsecondary higher education institution when the institution is made aware of an alleged sexual harassment incident on campus. The regulations include a requirement for a formal complaint, a grievance procedure for an investigation into whether the incident based on a standard of evidence occurred, and a method of appealing the outcome of the grievance process (Federal Code of Regulations Title 34, Subtitle B, Chapter 1, Subpart D, Section 106.45).
3. Defines sexual harassment as conduct on the basis of sex that satisfies at least one of the following:
   1. An employee of the postsecondary education institution conditions aid, benefit, or services to a recipient on the individual’s participation in unwelcome sexual conduct;
   2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity; and,
   3. Sexual assault, dating violence, domestic violence, and stalking, as defined in the United States Code (Federal Code of Regulations, Title 34, Subpart D, Section 106.30).

State law.

1. Establishes the UC as a public trust to be administered by the Regents and grants the Regents full powers of organization and governance subject only to legislative control as necessary to ensure the security of funds, compliance with terms of its endowments, and the statutory requirements around competitive bidding and contracts, sales of property, and the purchase of materials, goods, and services (Article IX, Section (9) (a) of the California Constitution).
2. Establishes the CCC under the administration of the Board of Governors of the CCC, as one of the segments of public postsecondary education in California. The CCC shall be comprised of community college districts (Education Code (EDC) Section 70900).
3. Establishes the CSU system, comprised of 23 campuses, and bestows upon the CSU Trustees, through the BOT, the power, duties, and functions with respect to the management, administration, and control of the CSU system (EDC Sections 66606 and 89000 et. Seq.).
4. Stipulates that no provision of the Donahue Higher Education Act shall apply to the UC unless the UC Regents adopts the provision (EDC Section 67400).
5. Establishes the policy for the State of California that all persons should enjoy their postsecondary education free from discrimination regardless of their sex. Requires each postsecondary education institution in the state to provide a written policy on sexual harassment (policy), including information on the complaint process, on the institutions website. The policy is to include information on the specific rules and procedures for reporting charges of sexual harassment and the available remedies and resources available to survivors both on and off campus. A copy of the policies shall be:
   1. Displayed in a prominent location, as defined, in the main administrative building or in another area on the campus or school site;
   2. Provided to students during any orientation program for new students at the beginning of each quarter, semester, or summer session;
   3. Provided to each faculty member, administrative staff, and all member of the support staff at the beginning of each school year or at the time the employee is hired;
   4. Included in any publication of the institution that includes the comprehensive rules, regulations, procedure, and standards of conduct for the institution (EDC Section 66281.5).
6. Requires the governing board or body of each postsecondary institution in the state, as a condition of receiving state funding, to comply with an array of conditions pertaining to protecting students from sexual harassment protections and to provide students with procedural protections relating to claims of sexual harassment (EDC Section 66281.8).
7. Defines sexual harassment and sexual violence as the following:
   1. “Sexual harassment” as sexual battery, sexual violence, sexual exploitation, and unwelcomed sexual advances request for sexual favors and other verbal, visual, or physical conduct of a sexual nature made by someone from or in the work or educational setting in which specific conditions are met. Clarifies sexual harassment of students is a form of sex discrimination prohibited by the Equity in Higher Education Act; and,
   2. “Sexual violence” as a physical sexual act perpetrated against a person without the affirmed consent of the survivor, as defined. Physical sexual acts include rape, sexual batter, sexual exploitation, prostituting another person, trafficking another person, recording images of the person during the act without consent, distributions of said images without consent, or viewing a person’s intimate moments in which privacy is expected without consent, as defined (EDC Section 66262.5).

FISCAL EFFECT: Unknown

COMMENTS: A Call to Action. To understand how higher education institutions are preventing and addressing sex discrimination on campuses, staff from the Assembly Committee on Higher Education hosted fact-finding briefings with representatives from the CCC, the CSU, the UC, and various California Independent Colleges and Universities. The “A Call to Action” report is a synopsis of the information gleaned from the briefings and over 400 hours of research as to how the State can partner with higher education institutions to prevent and address sex discrimination in all its forms on campuses throughout California.^[1]

The “A Call to Action” report the attempted to answer “what are the CCC, CSU, and UC doing to address and prevent sex discrimination on campus” with the following:

[T]he CCC is the only system without a systemwide Title IX coordinator and a formal systemwide policy for how to prevent and address sex discrimination on campus. Committee Staff acknowledge that with local control there are limits to how uniform policies and procedures will be at the community colleges. Committee Staff also recognize the limitation of the Chancellor’s Office to conduct meaningful oversight while also honoring local control. However, perhaps in this instance, the impediments of local control outweigh the benefits, and the time for a uniform policy and additional oversight may be warranted.

Both the CSU and the UC have campus-based Title IX offices, Title IX coordinators at each campus, and a systemwide Title IX offices. The CSU and UC each have one systemwide policy on how to address complaints of sex discrimination on campus.”

“As mentioned previously, the CCC is a decentralized system with no universal policy on how sex discrimination complaints are to be processed. [Faculty Association of the California Community Colleges (FACCC)] stressed the need for a standardized sex discrimination policy and procedure that is the same across all 73 community college districts. To quote FACCC, ‘Our primary issue is the need for standardized Title IX policies and procedures across community college districts. With faculty often teaching across multiple districts and systems of higher education, clarity and consistency in processes are paramount for students and faculty when filing complaints’ (Personal Correspondence, January 12, 2024).”

“The confusion FACCC mentions above is not solely due to local control and the ability to have 73 different policies (one for each district), the confusion also lies with the multiple, overlapping, and complex laws that govern sex discrimination prevention for community colleges (Title IX, California Education Code, Federal Violence Against Women Act, The Civil Rights Act, and Title 5 regulations). While the California Community College League does have policies that help community colleges understand the labyrinth of laws, colleges must pay for this service, and even with the templates provided, nothing prevents the community college district from omitting sections or adding sections to the policy to suit the interpretation of the local governing board.”

Based on the findings above, the following recommendation was made:

Recommendation 1 – Each system should have a Systemwide Office of Civil Rights. The office is independent from the systemwide office and reports directly to the systemwide governing board. The office should have a systemwide Title IX coordinator and deputy coordinator. The office is tasked with the following:

1) Adopting one nondiscrimination policy for the entire system (including the CCC). The policy will include procedures for the adjudication of Federal Title IX complaints and complaints that align with the California Sex Equity in Education Act;

2) Adjudicating complaints against a campus president/chancellor/chief executive officer OR complaints filed against staff within the systemwide office, including those against the systemwide chancellor (CCC and CSU) or president (UC);

3) Provides training for campus-based (CSU and UC) or district-based (CCC) Title IX offices;

4) Provides best practice guidance for the prevention of sex discrimination and the adjudication of complaints of sex discrimination;

5) Interacts with data provided by campuses (or districts CCC) to aid in the prevention of sex discrimination;

6) Develop and execute a comprehensive prevention education strategy that incorporates bystander prevention training, policy awareness training, and assault prevention training. The educational prevention strategy should adopt an approach of intersectionality that calls for a pursuit of culturally relevant programs and practices that name and meaningfully consider how students of various identities (such as race, gender identity, class, sexual orientation, and ability) interact with each other. The training should contain feedback loops to ascertain whether the training is having the intended effect;

7) The systemwide office will act as an appeal office for all sex discrimination cases that occur on campuses within the system;

8) Meets with all campus-based or district-based Title IX offices every three months to access their compliance with state and federal law;

9) Developing a campus climate survey (in the case of the CCC a district-based climate survey) to be instituted every three years to provide a feedback loop as to how the campus community perceives the institution’s policies for the prevention of sex discrimination; and,

10) Provides an annual presentation on the state of the system compliance with sex discrimination laws and offer recommendations for improvement to the Systemwide Governing Board each year.

AB 2047 (M. Fong) distills components of the Systemwide Recommendation 1 from the “A Call To Action” report and would mandate that each public higher education system establish a systemwide Office of Civil Rights.

Author’s intent. As detailed by the author, “California has long been heralded as a state for equity and inclusion; however the methods in place to monitor and address sex discrimination on our collegiate campuses are archaic when compared to other states. AB 2047 seeks to build upon identified best practices by requiring the CCC, CSU and UC to have each segment establish a systemwide Civil Rights office. The measure is part of a larger bill package that seeks to provide a system of support and accountability by which each campus is enabled to fulfill their duty of providing educational programs free from sexual harassment and sex discrimination. AB 2047 would require each Civil Rights office to have trained staff and assigns specific duties to the office as the first monitoring entity by which the system may hold itself accountable to state and federal laws.”

Systemwide Title IX offices. The CCC is the only public higher education system in California without a systemwide Title IX coordinator. The responsibility of monitoring compliance with Title IX and other antidiscrimination laws, is delegated to the CCC Chancellor’s Office by EDC Section 66292. According to the CCC Chancellor’s Office, the current duties of overseeing the implementation of Title IX and other sex discrimination laws is relegated to the Office of General Counsel. Technically, the California Code of Regulations Title 5, Section, 59340, requires each community college district to annually submit a report on the following information:

1. The number of employment and non-employment discrimination complaints and informal charges received in the previous academic year;
2. The number of resolved complaints and informal charges in the previous academic year; and,
3. The number of complaints received in the previous academic year and those that were substantiated in whole or in part.

During briefings for the “A Call to Action” report, CCC Chancellor’s Office, confirmed the Office does not actively monitor each district’s compliance with either state or federal law, nor do they actively monitor each community college’s district policies as to whether the policies comply with federal or state law.

Due to the decentralized nature of the CCC, there are 73 different districts with 73 governing boards who determine the day to day practices of community colleges within their geographic boundary. In 2019, Dr. Carla Martinez published a dissertation entitled, “Title IX Policy in the California Community Colleges.” The dissertation assessed how the CCC is meeting Title IX obligations through its district-level policies. The dissertation examined 20 district policies, interviewed Title IX practitioners, and provided feedback from a Title IX expert panel. The dissertation concluded the following:

• Existing governance structure delegates authority to the local governing boards to create policies on preventing sex discrimination on campus. This decentralized process means the policies are not uniformed across the system (pg. 2);
• Due to the lack of a single systemwide policy, districts often have multiple policies or versions of how to prevent discrimination on campus, as well as, how complaints are to be processed (pg. 47-49). More than half of the districts’ policies that were reviewed were completely silent about Title IX (pg. 50). In some cases sexual harassment and sex-based discrimination were missing from the prohibited behaviors listed in the district’s policies (pg. 54); and,
• When Title IX practitioners were asked what could be done to help them, their responses centered on the following: additional funding, defining the role of the Title IX coordinator, and leadership from the Chancellor’s Office (pg. 66).

There are many divisions, at the CSU Chancellor’s Office, whose jurisdiction includes preventing discrimination. The Office of General Counsel, Human Resources, the systemwide Title IX coordinator, and the Title IX compliance unit all share the responsibility of enacting policies to prevent sex discrimination on CSU campuses. The California State Auditor, in its recent audit of the CSU, “2022-109”, found the role of the systemwide Title IX compliance unit was to:

• Work to eliminate sex discrimination and violence on campus by coordinating with campus officials; and,
• Provide oversight and guidance to help campuses remain in compliance with systemwide policies, state, and federal law.^[2]

The CSU systemwide Title IX coordinator is tasked with maintaining the systemwide sexual harassment policy and is responsible for monitoring campuses’ compliance with the policy. Furthermore, the systemwide Title IX coordinator is responsible for the adjudication of specific cases and any appeals of complaints originally processed by CSU campuses. The sex discrimination cases the systemwide Title IX coordinator handles include claims against a campus President, the Chancellor, a member of the Board of Trustees, or a campus-based Title IX coordinator

In theory, based on the above, the Title IX compliance unit operates as a supervisory unit that often interacts, monitors, and provides when necessary policy corrections to campus Title IX offices and coordinators on their handling of sexual harassment and discrimination complaints. However, according to a report examining the compliance of all 23 campuses with state and federal laws, commissioned by the Board of Trustees (the Cozen O’Connor report), the Chancellor’s Office provides more of an advisory role rather than one of deliberate oversight.^[3] The same report found that the current model of support is ineffective in ensuring consistent and effective implementation of Title IX and the CSU’s nondiscrimination policies across the system.

In 2014, a California State Audit raised concerns regarding the oversight role of the CSU Chancellor’s Office as it relates to sexual harassment and sexual violence prevention. The State Auditor recommended the CSU Chancellor’s Office conduct annual Title IX reviews. However, due to budgetary restrictions and staffing turnovers, these annual reviews are not being conducted. A State Audit in July 2023, “2022-109,” revealed the CSU does not have uniform guidance for how campuses should utilize the CSU’s nondiscrimination policy to prevent sexual harassment and discrimination on campus. Each campus applies the policy in an ad hoc manner which, as indicated by the Audit, has led to a variety of definitions of what constitutes a violation of the nondiscrimination policy and various outcomes of complaints.

While the UC may be constitutionally autonomous from the California Legislature, it is still required to follow federal law including the laws preventing discrimination on campus. Furthermore, EDC Section 66292.2 delegates the shared responsibility of ensuring campus programs and activities are free from discrimination to the President of the UC and the chancellor of each campus. The Education Code Sections governing sexual harassment and sex discrimination all apply to the UC as the Legislature has tied the compliance of those sections to the receipt of financial aid for students.

To comply with the requirements of EDC Section 66292.2 the UC instituted a Title IX structure to oversee the compliance with Title IX and other nondiscrimination laws. The UC Office of the President (UCOP) employs a systemwide Title IX coordinator, who oversees and manages the systemwide Title IX office. The systemwide Title IX office’s primary mission is to support the system’s commitment to providing a safe and discrimination-free learning and working environment. The systemwide Title IX office is comprised of five officers who provide direction and support for the Title IX offices on campuses, assist in implementing best practices in harassment prevention and response, and provide investigative support for the UC campus Title IX offices. The systemwide Title IX office also develops and delivers educational and training materials to the campus practitioners, campus-based Title IX offices, and other university partners involved in the prevention of discrimination on campus. The systemwide Title IX coordinator periodically meets with the campus-based Title IX coordinators to understand trends and patterns of harassment on campus and to provide integral support to the campus-based practitioners. Data is collected by each of the campuses on sex discrimination and the data is shared with the systemwide office for assistance in compliance and prevention of sex discrimination. The systemwide office monitors each of the campuses to ensure any sex discrimination patterns are recognized and addressed at the campus level.

AB 2047 (M. Fong) adopts the UC model for the CSU and CCC by requiring system of monitoring, compliance, and guidance from the systemwide office to the campus-based or district based offices.

Duplication within “A Call to Action” bill package. In response to the “A Call to Action” report published by this Committee, 11 members sought to author bills to address a majority of the recommendations contained within the report. Concerns regarding duplication of content and potential increase in cost in a finite budget years have been raised. Each of the twelve measures in the bill package are meant to work as pieces of a puzzle creating a larger holistic response to issues of concern raised by the report, with the ultimate goal of providing a transparent, responsive, and preventative sex discrimination plexus on CCC, CSU, and UC campuses. To help illustrate how the measures interplay with each other the below list demonstrate the flow of the bill package and how, when enacted, the system of compliance and oversight will work for students, staff, and faculty:

1. AB 2047 (M. Fong) establishes a systemwide Civil Rights Office who is responsible for creating a systemwide prevention training which is provided on campus by the campus or district based Title IX office created by AB 2048 (M. Fong) of 2024.
2. AB 2047 (M. Fong) creates a nondiscrimination policy for the whole system – used by campus or district Title IX offices for the adjudication of cases (AB 2048 (M. Fong)). Records of the cases are then reported to the Legislature (SB 1166 (Dodd)). The reporting is made possible by the case management system required by AB 1790 (Connolly) for the CSU and by AB 2048 (M. Fong) for the other segments. AB 2048 (M. Fong) provides details missing from AB 1790 (Connolly) for the contents of the case management system.
3. Establishes best practices for adjudicating sex discrimination cases and for preventing sex discrimination on campus – the guidance is used by campus or district based Title IX offices (AB 2048 (M. Fong)).
4. AB 2048 (M. Fong) has the campus or district based Title IX coordinators meet with the leaders of the campuses to provide a report on the activities of the Title IX office, the same report is then given to the systemwide Title IX coordinator during their three month evaluation with the campus/district Title IX coordinator (AB 2047 (M. Fong)) – the every three month reports for every campus or district are then compiled into an annual review of the system by the systemwide Title IX coordinator– presents to the systemwide governing board (AB 2047 (M. Fong) and AB 2326 (Alvarez)) – the Chancellor (CCC and CSU) or the President (UC) along with the leader of the systemwide board present the annual report to the Legislature along with an update on how the system is preventing all forms of discrimination (AB 2326 (Alvarez)).

The only bills where duplicative might be present, but is justifiable, are as follows:

1. AB 2047 (M. Fong) and AB 2326 (Alvarez) – these measure are not duplicative as AB 2027 (M. Fong) have the Title IX coordinator presenting on sex discrimination prevention to the Governing Boards of the System; whereas, AB 2326 (Alvarez) has the Chancellor (CCC and CSU) or the President (UC) presenting on how the system is preventing all forms of discrimination not just sex discrimination;
2. AB 2047 (M. Fong) and AB 2048 (M. Fong) – these measures are not duplicative as the report created by AB 2048 (M. Fong) is presented to the systemwide Title IX coordinator (AB 2047 (M. Fong)) who then compiles and presents it to the Governing Board of the system and, the training created by AB 2047 (M. Fong) is then implemented by AB 2048 (M. Fong) and contains the requirements of AB 2608 (Gabriel).
3. AB 1790 (Connolly), AB 2048 (M. Fong), and AB 2047 (M. Fong) – AB 1790 (Connolly) provides a variety of requirements for the CSU Chancellor’s office to conduct, AB 2047 (M. Fong) establishes the ongoing responsibilities of the CSU systemwide Title IX office and requires it of the other two higher education systems as well; and, both AB 1790 (Connolly) and AB 2048 (M. Fong) have the CSU create a case management system, but AB 2048 (M. Fong) has details AB 1790 (Connolly) lacks.

Arguments in support. As opined by the FACCC, “It is with great appreciation that we acknowledge your leadership in introducing Assembly Bill 2047, which signifies a monumental step toward ensuring our postsecondary education institutions are environments free from discrimination and sexual harassment. As educators and advocates, we believe that establishing systemwide Offices of Civil Rights, led by Title IX coordinators as specified in AB 2047, is crucial.

Furthermore, “this initiative will undoubtedly create safer, more inclusive campuses by streamlining the process for addressing complaints of sex discrimination and establishing a uniform, systemwide nondiscrimination policy. Furthermore, the requirement for these offices to provide comprehensive education, training, and guidance on sex discrimination prevention and complaint adjudication aligns with our core values. Education is the cornerstone of change, and by equipping our students, faculty, and staff with the knowledge and tools to identify, prevent, and respond to discrimination, we can foster a culture of respect and equality.”

Finally, “the FACCC recognizes the significance of AB 2047's mandate for annual training, the development of best practices for prevention and adjudication of sex discrimination complaints, and the oversight of campus- and district-based Title IX offices. These measures are essential for ensuring accountability and promoting a safe educational environment for all. In light of the challenges our educators and students face, it is imperative that we support legislation that not only addresses but also prevents discrimination. AB 2047 represents a pivotal step in this direction, and the FACCC wholeheartedly endorses this bill.”

As articulated by the Cal State Student Association, representing nearly half a million students within the CSU system, “AB 2047, aligning with key recommendations from the Call to Action Report, signifies a vital step forward in this endeavor. AB 2047 mandates the establishment of a systemwide Office of Civil Rights and the appointment of a systemwide Title IX coordinator. These measures ensure that each campus has dedicated resources and personnel responsible for upholding nondiscrimination policies and complying with federal and state laws regarding sex discrimination. Furthermore, the bill emphasizes the importance of developing comprehensive prevention education and training programs for students, faculty, and staff. By incorporating bystander prevention, policy awareness, and assault prevention training, these programs empower our communities to effectively recognize and address instances of sex discrimination. Additionally, the requirement for regionally based hearing officers, trained in both systemwide nondiscrimination policy and Title IX regulations, enhances the fairness and impartiality of adjudication processes for complaints of sex discrimination. We also appreciate the transparency and accountability measures included in the bill, such as quarterly evaluations of campus-based Title IX coordinators and annual reporting requirements.”

Committee comments. As stated above, the CCC is a decentralized system with 73 governing boards who oversee the daily operations of the community colleges within their system. AB 2047 (M. Fong) represents a new concept of a centralized policy with centralized oversight. In the past the State has left the oversight and regulations of the system to the CCC Chancellor’s Office. However, as demonstrated by the dissertation authored by Dr. Martinez, this has resulted in 73 different policies and confusion amongst students and employees of the system. This measure would signify a willingness for the Legislature to remove local control when it is in the best interest of students.

To address concerns from the California State University and the California Community Colleges and to align the measure with intent of the author, Committee Staff has suggested and, the Author has agreed, to the following amendments:

1. Amends Section 66280 subdivision (a) paragraph (1) to require the systemwide office leader to have supervisory capacity over the systemwide Title IX coordinator in addition to the systemwide governing board.

(1) Establish a systemwide Office of Civil Rights for the purpose of ensuring campus programs and activities are free from sex discrimination. The office shall be located in, but independent from, the systemwide office of the leader of the system. The office shall be led by the systemwide Title IX coordinator designated pursuant to paragraph (2), who shall report directly to the leader of the system and the systemwide governing board, and who shall be responsible for coordinating the system’s implementation and compliance with the systemwide nondiscrimination policies established pursuant to this section.

1. Amends Section 66280 subdivision (b) paragraph (2) to reflect the role the systemwide Title IX coordinator to monitor the CCC, CSU, or UC’s responsibility in offering programs free from discrimination.

(2) Establish the position of, and designate a staff person as, the systemwide Title IX coordinator to monitor the system’s compliance with Sections 66292, 66292.1, and 66292.2 respectively. oversee and monitor the compliance of each campus-based or district-based Title IX office with federal and state laws pertaining to sex discrimination. The systemwide Title IX coordinator shall have the experience, training, and expertise necessary to coordinate and carry out the requirements of the systemwide Office of Civil Rights pursuant to this section, and to, if necessary, recruit, hire, and train the necessary personnel to carry out the requirements of this section.

1. Amends Section 66280 subdivision (c) paragraph (1) subparagraph (A) to reflect the laws the systemwide nondiscrimination policy should include.

(1) (A) In consultation with confidential advocates, sexual assault and domestic violence counselors, students, faculty, and staff, establish and adopt a single, systemwide nondiscrimination policy for the entire system. The policy shall incorporate state and federal law pertaining to the prevention of sex discrimination including, but not limited to include the policies and procedures required pursuant to Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681, et seq.) and Sections 66281.5, 66281.8, 67385, 67385.7, 66281.4 and 67386.

1. Amends Section 66280 subdivision (c) paragraph (1) subparagraph (B), paragraph (2), and paragraph (7) to make technical changes and to address potential duplication with AB 2326 (Alvarez) and AB 2048 (M. Fong).

(B) The systemwide nondiscrimination policy shall be reviewed and, if necessary, updated annually by the systemwide Title IX coordinator and the leader of the system in consultation with Title IX coordinators with campus Title IX coordinators or district Title IX coordinators and representatives from student, faculty, and staff groups affiliated with the system. Any changes to the systemwide nondiscrimination policy shall be presented to the systemwide governing board for approval.

(2) In accordance with the policy adopted pursuant to paragraph (1), develop and implement a grievance procedure for prompt and equitable processing, adjudication, and resolution of all complaints of sex discrimination filed by students, faculty, or staff in which the respondent is any of the following:

(A) A campus chief executive officer.

(B) A campus chancellor.

(C) A campus president.

(D) A campus-based or district-based Title IX coordinator.

(E) An employee of the systemwide office of the leader of the system.

(F) A member of the systemwide governing board.

(3) Adjudicate any complaints described in paragraph (2) in accordance with the systemwide nondiscrimination policy adopted pursuant to paragraph (1).

(4) Provide annual training for personnel in campus-based or district-based Title IX offices at a community college district office or on a campus of the California State University or University of California. as required pursuant to Sections ____ and ____.

(7) Develop and implement a comprehensive prevention education and prevention systemwide prevention training program for students, faculty, and staff on campuses within the system. The systemwide prevention education and prevention training shall do, or include, all of the following:

1. Amends Section 66280 subdivision (c) paragraph (6) to reflect a collaborative partnership between campus or district based Title IX offices and the systemwide office; instead of a punitive and performative relationship.

(6) Assist Title IX offices at community college districts, Title IX offices on campuses of the California State University, or on a campus of the University of California in implementing the best practices established pursuant to paragraph (5). Oversee and monitor the activities of the Title IX offices campus-based or district-based Title IX offices to ensure sex discrimination complaints are timely adjudicated and to ensure the campus-based and district-based Title IX offices are addressing patterns of sex discrimination on campus.

1. Amends Section 66280 subdivision (c) paragraphs (9), (10), and (12) to address how the systemwide Title IX office will interact with the campus or district based Title IX offices for purposes of monitoring the offices for compliance with the system’s nondiscrimination policy, state, and federal laws.

(9) Review the reports provided pursuant to Section 66279 and 66279.5, and provide an action plan for improving the activities of the Title IX office for purposes of preventing and addressing sex discrimination.

(10) (A) Conduct a compliance review, at least once every 3 years, of each district of the California Community Colleges, each campus of the California State University or each campus of the University of California to determine whether they are complying with the systemwide nondiscrimination policy pursuant to (1) and the best practices established pursuant to paragraph (5).

(B) The compliance reviews shall be presented during a public session of the systemwide governing board in the year the review is completed and shall be made public on the website of the systemwide governing board and on the district or campus website.

(9) Meet each campus-based or district-based Title IX coordinator once every three months to evaluate and access the coordinator’s compliance with Sections ____ and ____.

(10) (A) Establish a list of regionally based hearing officers who are trained in the systemwide nondiscrimination policy adopted pursuant to paragraph (1) and Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681, et seq.), and are neutral and impartial to the outcome of the hearing. A hearing officer may be a Title IX coordinator from an adjacent campus

(B) The systemwide Office of Civil Rights shall ensure that the complainant and the respondent in a sex discrimination complaint described in paragraph (2) agree on an impartial hearing officer from the list established in paragraph (10). If the respondent and complainant are unable to reach an agreement, the systemwide Title IX coordinator shall select the hearing officer.

(12) Beginning on or before July 1, 2027, and annually thereafter, compile the reports described in paragraph (9) from the previous year, into one report provided to the systemwide governing board and leader of the system. The report shall be publically presented at a meeting of the systemwide governing board at the subsequent board meeting following the July 1 publication date. three-month evaluations provided pursuant to Sections ____ and ____ within the previou academic year into an annual report. The report shall be provided to the systemwide governing board and the leader of the system. The report shall be presented annually during a public hearing of the systemwide governing board and shall be posted on the systemwide internet website.

Related legislation. In response to the recommendations put forth by the Assembly Higher Education Committee, 12 bills by 11 different authors were introduced. In addition to AB 2047 (M. Fong), the bills included in the bill package are as follows:

1. AB 810 (Friedman) of 2024, currently pending referral in the Senate Rules Committee, would require the CCC, the CSU, and requests both the UC and private postsecondary education institutions, to implement a policy of requiring potential employees for academic, athletic, and administrative positions to disclose whether they have been the subject of a finding of sexual harassment and to permit the institution to contact past employers to inquire whether the applicant had any substantiated allegations of misconduct.
2. SB 1166 (Dodd) of 2024, currently pending a hearing in the Senate Committee on Appropriations, would require the CCC, the CSU, and requests the UC to provide annual reports to the Legislature on the timelines and outcomes of sexual harassment complaints adjudicated by campuses within the system.
3. SB 1491 (Eggman) of 2024, currently pending a hearing in the Senate Committee on Judiciary, provides an array of additional supports and protections for lesbian, gay, bisexual, asexual, pansexual, transgender, gender-nonconforming, intersex and two-spirit faculty, staff, and students at postsecondary education institutions throughout the State.
4. AB 1790 (Connolly) of 2024, is scheduled to be heard in the Assembly Higher Education Committee on April 16, 2024 and requires the CSU to implement the California State Auditor’s findings by January 1, 2026 and to provide two reports to the Legislature on the implementation of the recommendations, as described.
5. AB 1905 (Addis) of 2024, places conditions upon the use of settlements, informal resolutions, retreat rights, and letters of recommendations for public postsecondary education institutions of the state for employees who are the respondent in a sexual harassment complaint, as defined. AB 1905 (Addis) passed out of this Committee with a 11 - 0, and is currently pending a hearing in the Assembly Public Employment and Retirement Committee.
6. AB 2048 (Mike Fong) of 2024, is scheduled to be heard in the Assembly Higher Education Committee on April 16, 2024. The measure would equire each campus of the CSU and UC, and each community college district, to establish a Title IX office in a private space for students and employees to disclose complaints of sex discrimination and establishes the responsibilities of the Title IX office in addressing and preventing sex discrimination on college campuses.
7. AB 2326 (Alvarez) of 2024, is scheduled to be heard in the Assembly Higher Education Committee on April 16, 2024, delineates which entities with the public higher education institutions are responsible for ensuring campus programs are free from discrimination and who has the authority to oversee and monitor compliance with state and federal laws; and, requires the leadership of all three public higher education institutions to present to the Legislature their efforts in addressing and preventing discrimination on campus..
8. AB 2407 (Hart) of 2024, is scheduled to be heard in the Assembly Higher Education Committee on April 16, 2024, and requires the State Auditor to conduct an audit every three years of the CCC, CSU, and UC regarding their respective handling and investigation of sexual harassment complaints.
9. AB 2492 (Irwin) of 2024, is scheduled to be heard in the Assembly Higher Education Committee on April 16, 2024, and would require each public postsecondary education institution to establish the positions of a confidential student advocate, a confidential staff and faculty advocate, and a confidential respondent services coordinator.
10. AB 2608 (Gabriel) of 2024, is scheduled to be heard in the Assembly Higher Education Committee on April 16, 2024 and would expand the requirements for annual training for students on sexual violence and sexual harassment to include information on drug-facilitated sexual assault and information related to confidential support and care resources.
11. AB 2987 (Ortega) of 2024, is scheduled to be heard in the Assembly Higher Education Committee on April 16, 2024. The measure would require each campus of the CSU and CCCs, and requests each campus of the UC, to provide status updates on the outcomes of complaints of sex discrimination to complainants and respondent; and, requires/requests that notice of a disciplinary action to the respondent be provided to the respondent within three schooldays of a decision.

REGISTERED SUPPORT / OPPOSITION:

Support

Cal State Student Association
California State University Employees Union (CSUEU)
Faculty Association of California Community Colleges
GenUp (Generation Up)
Safe Campuses Coalition

Opposition

None on file.

Analysis Prepared by: Ellen Cesaretti-Monroy / HIGHER ED. / (916) 319-3960

1. https://ahed.assembly.ca.gov/system/files/2024-02/a-call-to-action-report-2024_0.pdf ↑

2. https://www.auditor.ca.gov/reports/2022-109/index.html ↑

3. https://www.calstate.edu/titleix/Documents/california-state-university_systemwide-report_july-17-2023.pdf ↑

Date of Hearing: April 16, 2024

ASSEMBLY COMMITTEE ON HIGHER EDUCATION

Mike Fong, Chair

ABPCA Bill Id:AB 2047 (

Author:Mike Fong) – As Amended Ver:March 19, 2024

[Note: This bill is double referred to the Assembly Judiciary Committee and will be heard by the Committee as it relates to issues under its jurisdiction.]

SUBJECT: Public postsecondary education: discrimination prevention: systemwide offices of civil rights

SUMMARY: Requires the California Community Colleges (CCC), the California State University (CSU), and the University of California (UC) to establish a Systemwide Office of Civil Rights for the purpose of assisting campuses within the system in addressing and preventing sex discrimination. Specifically, this bill:

1. Requires the CCC, CSU, and UC to establish a systemwide Office of Civil Rights for the purpose of ensuring campus programs and activities are free from sex discrimination. The office will be located in, but will be independent from the systemwide office of either the Chancellor’s Office (CCC and CSU) or the Office of the President (UC).
2. Establishes the position of a systemwide Title IX coordinator (coordinator), who will report directly to the systemwide governing board and will be responsible for coordinating the system’s implementation and compliance with systemwide nondiscrimination policies. The coordinator will oversee and monitor the compliance of each campus Title IX office (CSU and UC) and the district Title IX office (CCC) with state and federal, as defined. The coordinator will have the experience, training, and expertise necessary to coordinator and carry out the requirements of the systemwide Office of Civil Rights. Permits the coordinator to hire additional staff if necessary to complete the duties assigned to the Office of Civil Rights.
3. The Office of Civil Rights will be tasked with accomplishing the following:
   1. Establishing a single nondiscrimination policy for the entire system and will consult with confidential advocates, sexual assault and domestic violence counselors, students, faculty, and staff during the creation of the nondiscrimination policy. The policy will contain the policies and procedures required by Title IX of the Education Amendments of 1972 and Education Code Section 66281.5, 66281.8, and 67385, 67385.7, and 67386;
   2. Update the nondiscrimination policy as listed by (a) above, to be annually updated by the coordinator and the leader of the system in consultation with staff, faculty, and students, campus or district Title IX coordinator, as applicable. Any changes to the systemwide nondiscrimination policy must be presented to the systemwide governing board for approval;
   3. In accordance with the policy created in (3) (a) of this analysis, develop and implement, a grievance procedure for the prompt and equitable processing, adjudication, and resolution of all complaints of sex discrimination filed by students faculty, and staff when the respondent is any of the following employees of the system:
      1. A campus chief executive officer (CCC);
      2. A campus chancellor (UC) or president (CSU);
      3. A campus-based or district-based Title IX coordinator;
      4. An employee of the systemwide office of the leader of the system; and,
      5. A member of the systemwide governing board;
   4. For cases as listed in (c) above, the Office of Civil Rights will investigate and adjudicate the complaints as filed in accordance with the nondiscrimination policy;
   5. Provide annual training for personnel in campus-based or district-based Title IX offices, as required;
   6. Establish best practice guidance for the prevention of sex discrimination and the adjudication of complaints of sex discrimination as required by the systemwide nondiscrimination policy;
   7. Oversee and monitor the activities of campus-based or district-based Title IX offices to determine if sex discrimination complaints are being processed in a timely manner; and, if the campus or district Title IX offices are addressing patterns of sex discrimination on campus;
   8. Develop and implement a comprehensive prevention education and prevention training program for students, faculty, and staff on campus within the system. The prevention education and prevention training will include the following:
      1. Incorporate bystander prevention training, policy awareness training, and assault prevention training;
      2. Adopt an approach of intersectionality that calls for a pursuit of culturally relevant programs and practices that consider how students, faculty, and staff of various identities interact with each other.
      3. Feedback loops to determine if the training is having the intended effect; and,
      4. Training required by Education Code Section 67385.7;
   9. Process appeals for sex discrimination complaints as required by Education Code Section 66292.3;
   10. Establish a list of regionally based hearing officers who are trained in the system’s nondiscrimination policy and are neutral and impartial to the outcome of the hearing. The hearing officer may be a Title IX coordinator from within the system. Establishes a procedure for selecting a hearing officer of cases overseen by the systemwide Title IX coordinator;
   11. Establish systemwide disciplinary sanctions for sexual harassment and sex discrimination cases;
   12. Compile the three-month evaluations, as defined, within the academic year into an annual report. The report will be provided to the systemwide governing board and the leader of the system. The report will be presented annually during a public hearing of the systemwide governing board and will be posted on the systemwide internet website; and,
   13. Annually assess whether the Office of Civil Rights requires additional staffing or resources to complete the tasks above; and if additional resources or staff are required to make the request in the system’s annual budget request to the California State Legislature.
4. Defines the following:
   1. “Leader of the system” means the Chancellor of the CCC, the Chancellor of the CSU, or the President of the UC:
   2. “Systemwide governing board” means the Board of Governors of the CCC, the Board of Trustees of the CSU, and the Board of Regents of the UC;
   3. “Systemwide office of the leader of the system” means the office of the CCC Chancellor, the office of the CSU Chancellor, and the UC Office of the President.
5. Establishes, if the Commission on State Mandates determines, that this bill contains costs mandated by the state, the state shall reimburse the applicable entities.

EXISTING LAW: Federal law.

1. No person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance except for specified circumstances including membership of fraternities and sororities (United States Code Title 20, Chapter 38, Section 1681… colloquially known as Title IX).
2. Outlines the required response pursuant to Title IX, of a postsecondary higher education institution when the institution is made aware of an alleged sexual harassment incident on campus. The regulations include a requirement for a formal complaint, a grievance procedure for an investigation into whether the incident based on a standard of evidence occurred, and a method of appealing the outcome of the grievance process (Federal Code of Regulations Title 34, Subtitle B, Chapter 1, Subpart D, Section 106.45).
3. Defines sexual harassment as conduct on the basis of sex that satisfies at least one of the following:
   1. An employee of the postsecondary education institution conditions aid, benefit, or services to a recipient on the individual’s participation in unwelcome sexual conduct;
   2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity; and,
   3. Sexual assault, dating violence, domestic violence, and stalking, as defined in the United States Code (Federal Code of Regulations, Title 34, Subpart D, Section 106.30).

State law.

1. Establishes the UC as a public trust to be administered by the Regents and grants the Regents full powers of organization and governance subject only to legislative control as necessary to ensure the security of funds, compliance with terms of its endowments, and the statutory requirements around competitive bidding and contracts, sales of property, and the purchase of materials, goods, and services (Article IX, Section (9) (a) of the California Constitution).
2. Establishes the CCC under the administration of the Board of Governors of the CCC, as one of the segments of public postsecondary education in California. The CCC shall be comprised of community college districts (Education Code (EDC) Section 70900).
3. Establishes the CSU system, comprised of 23 campuses, and bestows upon the CSU Trustees, through the BOT, the power, duties, and functions with respect to the management, administration, and control of the CSU system (EDC Sections 66606 and 89000 et. Seq.).
4. Stipulates that no provision of the Donahue Higher Education Act shall apply to the UC unless the UC Regents adopts the provision (EDC Section 67400).
5. Establishes the policy for the State of California that all persons should enjoy their postsecondary education free from discrimination regardless of their sex. Requires each postsecondary education institution in the state to provide a written policy on sexual harassment (policy), including information on the complaint process, on the institutions website. The policy is to include information on the specific rules and procedures for reporting charges of sexual harassment and the available remedies and resources available to survivors both on and off campus. A copy of the policies shall be:
   1. Displayed in a prominent location, as defined, in the main administrative building or in another area on the campus or school site;
   2. Provided to students during any orientation program for new students at the beginning of each quarter, semester, or summer session;
   3. Provided to each faculty member, administrative staff, and all member of the support staff at the beginning of each school year or at the time the employee is hired;
   4. Included in any publication of the institution that includes the comprehensive rules, regulations, procedure, and standards of conduct for the institution (EDC Section 66281.5).
6. Requires the governing board or body of each postsecondary institution in the state, as a condition of receiving state funding, to comply with an array of conditions pertaining to protecting students from sexual harassment protections and to provide students with procedural protections relating to claims of sexual harassment (EDC Section 66281.8).
7. Defines sexual harassment and sexual violence as the following:
   1. “Sexual harassment” as sexual battery, sexual violence, sexual exploitation, and unwelcomed sexual advances request for sexual favors and other verbal, visual, or physical conduct of a sexual nature made by someone from or in the work or educational setting in which specific conditions are met. Clarifies sexual harassment of students is a form of sex discrimination prohibited by the Equity in Higher Education Act; and,
   2. “Sexual violence” as a physical sexual act perpetrated against a person without the affirmed consent of the survivor, as defined. Physical sexual acts include rape, sexual batter, sexual exploitation, prostituting another person, trafficking another person, recording images of the person during the act without consent, distributions of said images without consent, or viewing a person’s intimate moments in which privacy is expected without consent, as defined (EDC Section 66262.5).

FISCAL EFFECT: Unknown

COMMENTS: A Call to Action. To understand how higher education institutions are preventing and addressing sex discrimination on campuses, staff from the Assembly Committee on Higher Education hosted fact-finding briefings with representatives from the CCC, the CSU, the UC, and various California Independent Colleges and Universities. The “A Call to Action” report is a synopsis of the information gleaned from the briefings and over 400 hours of research as to how the State can partner with higher education institutions to prevent and address sex discrimination in all its forms on campuses throughout California.^[1]

The “A Call to Action” report the attempted to answer “what are the CCC, CSU, and UC doing to address and prevent sex discrimination on campus” with the following:

[T]he CCC is the only system without a systemwide Title IX coordinator and a formal systemwide policy for how to prevent and address sex discrimination on campus. Committee Staff acknowledge that with local control there are limits to how uniform policies and procedures will be at the community colleges. Committee Staff also recognize the limitation of the Chancellor’s Office to conduct meaningful oversight while also honoring local control. However, perhaps in this instance, the impediments of local control outweigh the benefits, and the time for a uniform policy and additional oversight may be warranted.

Both the CSU and the UC have campus-based Title IX offices, Title IX coordinators at each campus, and a systemwide Title IX offices. The CSU and UC each have one systemwide policy on how to address complaints of sex discrimination on campus.”

“As mentioned previously, the CCC is a decentralized system with no universal policy on how sex discrimination complaints are to be processed. [Faculty Association of the California Community Colleges (FACCC)] stressed the need for a standardized sex discrimination policy and procedure that is the same across all 73 community college districts. To quote FACCC, ‘Our primary issue is the need for standardized Title IX policies and procedures across community college districts. With faculty often teaching across multiple districts and systems of higher education, clarity and consistency in processes are paramount for students and faculty when filing complaints’ (Personal Correspondence, January 12, 2024).”

“The confusion FACCC mentions above is not solely due to local control and the ability to have 73 different policies (one for each district), the confusion also lies with the multiple, overlapping, and complex laws that govern sex discrimination prevention for community colleges (Title IX, California Education Code, Federal Violence Against Women Act, The Civil Rights Act, and Title 5 regulations). While the California Community College League does have policies that help community colleges understand the labyrinth of laws, colleges must pay for this service, and even with the templates provided, nothing prevents the community college district from omitting sections or adding sections to the policy to suit the interpretation of the local governing board.”

Based on the findings above, the following recommendation was made:

Recommendation 1 – Each system should have a Systemwide Office of Civil Rights. The office is independent from the systemwide office and reports directly to the systemwide governing board. The office should have a systemwide Title IX coordinator and deputy coordinator. The office is tasked with the following:

1) Adopting one nondiscrimination policy for the entire system (including the CCC). The policy will include procedures for the adjudication of Federal Title IX complaints and complaints that align with the California Sex Equity in Education Act;

2) Adjudicating complaints against a campus president/chancellor/chief executive officer OR complaints filed against staff within the systemwide office, including those against the systemwide chancellor (CCC and CSU) or president (UC);

3) Provides training for campus-based (CSU and UC) or district-based (CCC) Title IX offices;

4) Provides best practice guidance for the prevention of sex discrimination and the adjudication of complaints of sex discrimination;

5) Interacts with data provided by campuses (or districts CCC) to aid in the prevention of sex discrimination;

6) Develop and execute a comprehensive prevention education strategy that incorporates bystander prevention training, policy awareness training, and assault prevention training. The educational prevention strategy should adopt an approach of intersectionality that calls for a pursuit of culturally relevant programs and practices that name and meaningfully consider how students of various identities (such as race, gender identity, class, sexual orientation, and ability) interact with each other. The training should contain feedback loops to ascertain whether the training is having the intended effect;

7) The systemwide office will act as an appeal office for all sex discrimination cases that occur on campuses within the system;

8) Meets with all campus-based or district-based Title IX offices every three months to access their compliance with state and federal law;

9) Developing a campus climate survey (in the case of the CCC a district-based climate survey) to be instituted every three years to provide a feedback loop as to how the campus community perceives the institution’s policies for the prevention of sex discrimination; and,

10) Provides an annual presentation on the state of the system compliance with sex discrimination laws and offer recommendations for improvement to the Systemwide Governing Board each year.

AB 2047 (M. Fong) distills components of the Systemwide Recommendation 1 from the “A Call To Action” report and would mandate that each public higher education system establish a systemwide Office of Civil Rights.

Author’s intent. As detailed by the author, “California has long been heralded as a state for equity and inclusion; however the methods in place to monitor and address sex discrimination on our collegiate campuses are archaic when compared to other states. AB 2047 seeks to build upon identified best practices by requiring the CCC, CSU and UC to have each segment establish a systemwide Civil Rights office. The measure is part of a larger bill package that seeks to provide a system of support and accountability by which each campus is enabled to fulfill their duty of providing educational programs free from sexual harassment and sex discrimination. AB 2047 would require each Civil Rights office to have trained staff and assigns specific duties to the office as the first monitoring entity by which the system may hold itself accountable to state and federal laws.”

Systemwide Title IX offices. The CCC is the only public higher education system in California without a systemwide Title IX coordinator. The responsibility of monitoring compliance with Title IX and other antidiscrimination laws, is delegated to the CCC Chancellor’s Office by EDC Section 66292. According to the CCC Chancellor’s Office, the current duties of overseeing the implementation of Title IX and other sex discrimination laws is relegated to the Office of General Counsel. Technically, the California Code of Regulations Title 5, Section, 59340, requires each community college district to annually submit a report on the following information:

1. The number of employment and non-employment discrimination complaints and informal charges received in the previous academic year;
2. The number of resolved complaints and informal charges in the previous academic year; and,
3. The number of complaints received in the previous academic year and those that were substantiated in whole or in part.

During briefings for the “A Call to Action” report, CCC Chancellor’s Office, confirmed the Office does not actively monitor each district’s compliance with either state or federal law, nor do they actively monitor each community college’s district policies as to whether the policies comply with federal or state law.

Due to the decentralized nature of the CCC, there are 73 different districts with 73 governing boards who determine the day to day practices of community colleges within their geographic boundary. In 2019, Dr. Carla Martinez published a dissertation entitled, “Title IX Policy in the California Community Colleges.” The dissertation assessed how the CCC is meeting Title IX obligations through its district-level policies. The dissertation examined 20 district policies, interviewed Title IX practitioners, and provided feedback from a Title IX expert panel. The dissertation concluded the following:

• Existing governance structure delegates authority to the local governing boards to create policies on preventing sex discrimination on campus. This decentralized process means the policies are not uniformed across the system (pg. 2);
• Due to the lack of a single systemwide policy, districts often have multiple policies or versions of how to prevent discrimination on campus, as well as, how complaints are to be processed (pg. 47-49). More than half of the districts’ policies that were reviewed were completely silent about Title IX (pg. 50). In some cases sexual harassment and sex-based discrimination were missing from the prohibited behaviors listed in the district’s policies (pg. 54); and,
• When Title IX practitioners were asked what could be done to help them, their responses centered on the following: additional funding, defining the role of the Title IX coordinator, and leadership from the Chancellor’s Office (pg. 66).

There are many divisions, at the CSU Chancellor’s Office, whose jurisdiction includes preventing discrimination. The Office of General Counsel, Human Resources, the systemwide Title IX coordinator, and the Title IX compliance unit all share the responsibility of enacting policies to prevent sex discrimination on CSU campuses. The California State Auditor, in its recent audit of the CSU, “2022-109”, found the role of the systemwide Title IX compliance unit was to:

• Work to eliminate sex discrimination and violence on campus by coordinating with campus officials; and,
• Provide oversight and guidance to help campuses remain in compliance with systemwide policies, state, and federal law.^[2]

The CSU systemwide Title IX coordinator is tasked with maintaining the systemwide sexual harassment policy and is responsible for monitoring campuses’ compliance with the policy. Furthermore, the systemwide Title IX coordinator is responsible for the adjudication of specific cases and any appeals of complaints originally processed by CSU campuses. The sex discrimination cases the systemwide Title IX coordinator handles include claims against a campus President, the Chancellor, a member of the Board of Trustees, or a campus-based Title IX coordinator

In theory, based on the above, the Title IX compliance unit operates as a supervisory unit that often interacts, monitors, and provides when necessary policy corrections to campus Title IX offices and coordinators on their handling of sexual harassment and discrimination complaints. However, according to a report examining the compliance of all 23 campuses with state and federal laws, commissioned by the Board of Trustees (the Cozen O’Connor report), the Chancellor’s Office provides more of an advisory role rather than one of deliberate oversight.^[3] The same report found that the current model of support is ineffective in ensuring consistent and effective implementation of Title IX and the CSU’s nondiscrimination policies across the system.

In 2014, a California State Audit raised concerns regarding the oversight role of the CSU Chancellor’s Office as it relates to sexual harassment and sexual violence prevention. The State Auditor recommended the CSU Chancellor’s Office conduct annual Title IX reviews. However, due to budgetary restrictions and staffing turnovers, these annual reviews are not being conducted. A State Audit in July 2023, “2022-109,” revealed the CSU does not have uniform guidance for how campuses should utilize the CSU’s nondiscrimination policy to prevent sexual harassment and discrimination on campus. Each campus applies the policy in an ad hoc manner which, as indicated by the Audit, has led to a variety of definitions of what constitutes a violation of the nondiscrimination policy and various outcomes of complaints.

While the UC may be constitutionally autonomous from the California Legislature, it is still required to follow federal law including the laws preventing discrimination on campus. Furthermore, EDC Section 66292.2 delegates the shared responsibility of ensuring campus programs and activities are free from discrimination to the President of the UC and the chancellor of each campus. The Education Code Sections governing sexual harassment and sex discrimination all apply to the UC as the Legislature has tied the compliance of those sections to the receipt of financial aid for students.

To comply with the requirements of EDC Section 66292.2 the UC instituted a Title IX structure to oversee the compliance with Title IX and other nondiscrimination laws. The UC Office of the President (UCOP) employs a systemwide Title IX coordinator, who oversees and manages the systemwide Title IX office. The systemwide Title IX office’s primary mission is to support the system’s commitment to providing a safe and discrimination-free learning and working environment. The systemwide Title IX office is comprised of five officers who provide direction and support for the Title IX offices on campuses, assist in implementing best practices in harassment prevention and response, and provide investigative support for the UC campus Title IX offices. The systemwide Title IX office also develops and delivers educational and training materials to the campus practitioners, campus-based Title IX offices, and other university partners involved in the prevention of discrimination on campus. The systemwide Title IX coordinator periodically meets with the campus-based Title IX coordinators to understand trends and patterns of harassment on campus and to provide integral support to the campus-based practitioners. Data is collected by each of the campuses on sex discrimination and the data is shared with the systemwide office for assistance in compliance and prevention of sex discrimination. The systemwide office monitors each of the campuses to ensure any sex discrimination patterns are recognized and addressed at the campus level.

AB 2047 (M. Fong) adopts the UC model for the CSU and CCC by requiring system of monitoring, compliance, and guidance from the systemwide office to the campus-based or district based offices.

Duplication within “A Call to Action” bill package. In response to the “A Call to Action” report published by this Committee, 11 members sought to author bills to address a majority of the recommendations contained within the report. Concerns regarding duplication of content and potential increase in cost in a finite budget years have been raised. Each of the twelve measures in the bill package are meant to work as pieces of a puzzle creating a larger holistic response to issues of concern raised by the report, with the ultimate goal of providing a transparent, responsive, and preventative sex discrimination plexus on CCC, CSU, and UC campuses. To help illustrate how the measures interplay with each other the below list demonstrate the flow of the bill package and how, when enacted, the system of compliance and oversight will work for students, staff, and faculty:

1. AB 2047 (M. Fong) establishes a systemwide Civil Rights Office who is responsible for creating a systemwide prevention training which is provided on campus by the campus or district based Title IX office created by AB 2048 (M. Fong) of 2024.
2. AB 2047 (M. Fong) creates a nondiscrimination policy for the whole system – used by campus or district Title IX offices for the adjudication of cases (AB 2048 (M. Fong)). Records of the cases are then reported to the Legislature (SB 1166 (Dodd)). The reporting is made possible by the case management system required by AB 1790 (Connolly) for the CSU and by AB 2048 (M. Fong) for the other segments. AB 2048 (M. Fong) provides details missing from AB 1790 (Connolly) for the contents of the case management system.
3. Establishes best practices for adjudicating sex discrimination cases and for preventing sex discrimination on campus – the guidance is used by campus or district based Title IX offices (AB 2048 (M. Fong)).
4. AB 2048 (M. Fong) has the campus or district based Title IX coordinators meet with the leaders of the campuses to provide a report on the activities of the Title IX office, the same report is then given to the systemwide Title IX coordinator during their three month evaluation with the campus/district Title IX coordinator (AB 2047 (M. Fong)) – the every three month reports for every campus or district are then compiled into an annual review of the system by the systemwide Title IX coordinator– presents to the systemwide governing board (AB 2047 (M. Fong) and AB 2326 (Alvarez)) – the Chancellor (CCC and CSU) or the President (UC) along with the leader of the systemwide board present the annual report to the Legislature along with an update on how the system is preventing all forms of discrimination (AB 2326 (Alvarez)).

The only bills where duplicative might be present, but is justifiable, are as follows:

1. AB 2047 (M. Fong) and AB 2326 (Alvarez) – these measure are not duplicative as AB 2027 (M. Fong) have the Title IX coordinator presenting on sex discrimination prevention to the Governing Boards of the System; whereas, AB 2326 (Alvarez) has the Chancellor (CCC and CSU) or the President (UC) presenting on how the system is preventing all forms of discrimination not just sex discrimination;
2. AB 2047 (M. Fong) and AB 2048 (M. Fong) – these measures are not duplicative as the report created by AB 2048 (M. Fong) is presented to the systemwide Title IX coordinator (AB 2047 (M. Fong)) who then compiles and presents it to the Governing Board of the system and, the training created by AB 2047 (M. Fong) is then implemented by AB 2048 (M. Fong) and contains the requirements of AB 2608 (Gabriel).
3. AB 1790 (Connolly), AB 2048 (M. Fong), and AB 2047 (M. Fong) – AB 1790 (Connolly) provides a variety of requirements for the CSU Chancellor’s office to conduct, AB 2047 (M. Fong) establishes the ongoing responsibilities of the CSU systemwide Title IX office and requires it of the other two higher education systems as well; and, both AB 1790 (Connolly) and AB 2048 (M. Fong) have the CSU create a case management system, but AB 2048 (M. Fong) has details AB 1790 (Connolly) lacks.

Arguments in support. As opined by the FACCC, “It is with great appreciation that we acknowledge your leadership in introducing Assembly Bill 2047, which signifies a monumental step toward ensuring our postsecondary education institutions are environments free from discrimination and sexual harassment. As educators and advocates, we believe that establishing systemwide Offices of Civil Rights, led by Title IX coordinators as specified in AB 2047, is crucial.

Furthermore, “this initiative will undoubtedly create safer, more inclusive campuses by streamlining the process for addressing complaints of sex discrimination and establishing a uniform, systemwide nondiscrimination policy. Furthermore, the requirement for these offices to provide comprehensive education, training, and guidance on sex discrimination prevention and complaint adjudication aligns with our core values. Education is the cornerstone of change, and by equipping our students, faculty, and staff with the knowledge and tools to identify, prevent, and respond to discrimination, we can foster a culture of respect and equality.”

Finally, “the FACCC recognizes the significance of AB 2047's mandate for annual training, the development of best practices for prevention and adjudication of sex discrimination complaints, and the oversight of campus- and district-based Title IX offices. These measures are essential for ensuring accountability and promoting a safe educational environment for all. In light of the challenges our educators and students face, it is imperative that we support legislation that not only addresses but also prevents discrimination. AB 2047 represents a pivotal step in this direction, and the FACCC wholeheartedly endorses this bill.”

As articulated by the Cal State Student Association, representing nearly half a million students within the CSU system, “AB 2047, aligning with key recommendations from the Call to Action Report, signifies a vital step forward in this endeavor. AB 2047 mandates the establishment of a systemwide Office of Civil Rights and the appointment of a systemwide Title IX coordinator. These measures ensure that each campus has dedicated resources and personnel responsible for upholding nondiscrimination policies and complying with federal and state laws regarding sex discrimination. Furthermore, the bill emphasizes the importance of developing comprehensive prevention education and training programs for students, faculty, and staff. By incorporating bystander prevention, policy awareness, and assault prevention training, these programs empower our communities to effectively recognize and address instances of sex discrimination. Additionally, the requirement for regionally based hearing officers, trained in both systemwide nondiscrimination policy and Title IX regulations, enhances the fairness and impartiality of adjudication processes for complaints of sex discrimination. We also appreciate the transparency and accountability measures included in the bill, such as quarterly evaluations of campus-based Title IX coordinators and annual reporting requirements.”

Committee comments. As stated above, the CCC is a decentralized system with 73 governing boards who oversee the daily operations of the community colleges within their system. AB 2047 (M. Fong) represents a new concept of a centralized policy with centralized oversight. In the past the State has left the oversight and regulations of the system to the CCC Chancellor’s Office. However, as demonstrated by the dissertation authored by Dr. Martinez, this has resulted in 73 different policies and confusion amongst students and employees of the system. This measure would signify a willingness for the Legislature to remove local control when it is in the best interest of students.

To address concerns from the California State University and the California Community Colleges and to align the measure with intent of the author, Committee Staff has suggested and, the Author has agreed, to the following amendments:

1. Amends Section 66280 subdivision (a) paragraph (1) to require the systemwide office leader to have supervisory capacity over the systemwide Title IX coordinator in addition to the systemwide governing board.

(1) Establish a systemwide Office of Civil Rights for the purpose of ensuring campus programs and activities are free from sex discrimination. The office shall be located in, but independent from, the systemwide office of the leader of the system. The office shall be led by the systemwide Title IX coordinator designated pursuant to paragraph (2), who shall report directly to the leader of the system and the systemwide governing board, and who shall be responsible for coordinating the system’s implementation and compliance with the systemwide nondiscrimination policies established pursuant to this section.

1. Amends Section 66280 subdivision (b) paragraph (2) to reflect the role the systemwide Title IX coordinator to monitor the CCC, CSU, or UC’s responsibility in offering programs free from discrimination.

(2) Establish the position of, and designate a staff person as, the systemwide Title IX coordinator to monitor the system’s compliance with Sections 66292, 66292.1, and 66292.2 respectively. oversee and monitor the compliance of each campus-based or district-based Title IX office with federal and state laws pertaining to sex discrimination. The systemwide Title IX coordinator shall have the experience, training, and expertise necessary to coordinate and carry out the requirements of the systemwide Office of Civil Rights pursuant to this section, and to, if necessary, recruit, hire, and train the necessary personnel to carry out the requirements of this section.

1. Amends Section 66280 subdivision (c) paragraph (1) subparagraph (A) to reflect the laws the systemwide nondiscrimination policy should include.

(1) (A) In consultation with confidential advocates, sexual assault and domestic violence counselors, students, faculty, and staff, establish and adopt a single, systemwide nondiscrimination policy for the entire system. The policy shall incorporate state and federal law pertaining to the prevention of sex discrimination including, but not limited to include the policies and procedures required pursuant to Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681, et seq.) and Sections 66281.5, 66281.8, 67385, 67385.7, 66281.4 and 67386.

1. Amends Section 66280 subdivision (c) paragraph (1) subparagraph (B), paragraph (2), and paragraph (7) to make technical changes and to address potential duplication with AB 2326 (Alvarez) and AB 2048 (M. Fong).

(B) The systemwide nondiscrimination policy shall be reviewed and, if necessary, updated annually by the systemwide Title IX coordinator and the leader of the system in consultation with Title IX coordinators with campus Title IX coordinators or district Title IX coordinators and representatives from student, faculty, and staff groups affiliated with the system. Any changes to the systemwide nondiscrimination policy shall be presented to the systemwide governing board for approval.

(2) In accordance with the policy adopted pursuant to paragraph (1), develop and implement a grievance procedure for prompt and equitable processing, adjudication, and resolution of all complaints of sex discrimination filed by students, faculty, or staff in which the respondent is any of the following:

(A) A campus chief executive officer.

(B) A campus chancellor.

(C) A campus president.

(D) A campus-based or district-based Title IX coordinator.

(E) An employee of the systemwide office of the leader of the system.

(F) A member of the systemwide governing board.

(3) Adjudicate any complaints described in paragraph (2) in accordance with the systemwide nondiscrimination policy adopted pursuant to paragraph (1).

(4) Provide annual training for personnel in campus-based or district-based Title IX offices at a community college district office or on a campus of the California State University or University of California. as required pursuant to Sections ____ and ____.

(7) Develop and implement a comprehensive prevention education and prevention systemwide prevention training program for students, faculty, and staff on campuses within the system. The systemwide prevention education and prevention training shall do, or include, all of the following:

1. Amends Section 66280 subdivision (c) paragraph (6) to reflect a collaborative partnership between campus or district based Title IX offices and the systemwide office; instead of a punitive and performative relationship.

(6) Assist Title IX offices at community college districts, Title IX offices on campuses of the California State University, or on a campus of the University of California in implementing the best practices established pursuant to paragraph (5). Oversee and monitor the activities of the Title IX offices campus-based or district-based Title IX offices to ensure sex discrimination complaints are timely adjudicated and to ensure the campus-based and district-based Title IX offices are addressing patterns of sex discrimination on campus.

1. Amends Section 66280 subdivision (c) paragraphs (9), (10), and (12) to address how the systemwide Title IX office will interact with the campus or district based Title IX offices for purposes of monitoring the offices for compliance with the system’s nondiscrimination policy, state, and federal laws.

(9) Review the reports provided pursuant to Section 66279 and 66279.5, and provide an action plan for improving the activities of the Title IX office for purposes of preventing and addressing sex discrimination.

(10) (A) Conduct a compliance review, at least once every 3 years, of each district of the California Community Colleges, each campus of the California State University or each campus of the University of California to determine whether they are complying with the systemwide nondiscrimination policy pursuant to (1) and the best practices established pursuant to paragraph (5).

(B) The compliance reviews shall be presented during a public session of the systemwide governing board in the year the review is completed and shall be made public on the website of the systemwide governing board and on the district or campus website.

(9) Meet each campus-based or district-based Title IX coordinator once every three months to evaluate and access the coordinator’s compliance with Sections ____ and ____.

(10) (A) Establish a list of regionally based hearing officers who are trained in the systemwide nondiscrimination policy adopted pursuant to paragraph (1) and Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681, et seq.), and are neutral and impartial to the outcome of the hearing. A hearing officer may be a Title IX coordinator from an adjacent campus

(B) The systemwide Office of Civil Rights shall ensure that the complainant and the respondent in a sex discrimination complaint described in paragraph (2) agree on an impartial hearing officer from the list established in paragraph (10). If the respondent and complainant are unable to reach an agreement, the systemwide Title IX coordinator shall select the hearing officer.

(12) Beginning on or before July 1, 2027, and annually thereafter, compile the reports described in paragraph (9) from the previous year, into one report provided to the systemwide governing board and leader of the system. The report shall be publically presented at a meeting of the systemwide governing board at the subsequent board meeting following the July 1 publication date. three-month evaluations provided pursuant to Sections ____ and ____ within the previou academic year into an annual report. The report shall be provided to the systemwide governing board and the leader of the system. The report shall be presented annually during a public hearing of the systemwide governing board and shall be posted on the systemwide internet website.

Related legislation. In response to the recommendations put forth by the Assembly Higher Education Committee, 12 bills by 11 different authors were introduced. In addition to AB 2047 (M. Fong), the bills included in the bill package are as follows:

1. AB 810 (Friedman) of 2024, currently pending referral in the Senate Rules Committee, would require the CCC, the CSU, and requests both the UC and private postsecondary education institutions, to implement a policy of requiring potential employees for academic, athletic, and administrative positions to disclose whether they have been the subject of a finding of sexual harassment and to permit the institution to contact past employers to inquire whether the applicant had any substantiated allegations of misconduct.
2. SB 1166 (Dodd) of 2024, currently pending a hearing in the Senate Committee on Appropriations, would require the CCC, the CSU, and requests the UC to provide annual reports to the Legislature on the timelines and outcomes of sexual harassment complaints adjudicated by campuses within the system.
3. SB 1491 (Eggman) of 2024, currently pending a hearing in the Senate Committee on Judiciary, provides an array of additional supports and protections for lesbian, gay, bisexual, asexual, pansexual, transgender, gender-nonconforming, intersex and two-spirit faculty, staff, and students at postsecondary education institutions throughout the State.
4. AB 1790 (Connolly) of 2024, is scheduled to be heard in the Assembly Higher Education Committee on April 16, 2024 and requires the CSU to implement the California State Auditor’s findings by January 1, 2026 and to provide two reports to the Legislature on the implementation of the recommendations, as described.
5. AB 1905 (Addis) of 2024, places conditions upon the use of settlements, informal resolutions, retreat rights, and letters of recommendations for public postsecondary education institutions of the state for employees who are the respondent in a sexual harassment complaint, as defined. AB 1905 (Addis) passed out of this Committee with a 11 - 0, and is currently pending a hearing in the Assembly Public Employment and Retirement Committee.
6. AB 2048 (Mike Fong) of 2024, is scheduled to be heard in the Assembly Higher Education Committee on April 16, 2024. The measure would equire each campus of the CSU and UC, and each community college district, to establish a Title IX office in a private space for students and employees to disclose complaints of sex discrimination and establishes the responsibilities of the Title IX office in addressing and preventing sex discrimination on college campuses.
7. AB 2326 (Alvarez) of 2024, is scheduled to be heard in the Assembly Higher Education Committee on April 16, 2024, delineates which entities with the public higher education institutions are responsible for ensuring campus programs are free from discrimination and who has the authority to oversee and monitor compliance with state and federal laws; and, requires the leadership of all three public higher education institutions to present to the Legislature their efforts in addressing and preventing discrimination on campus..
8. AB 2407 (Hart) of 2024, is scheduled to be heard in the Assembly Higher Education Committee on April 16, 2024, and requires the State Auditor to conduct an audit every three years of the CCC, CSU, and UC regarding their respective handling and investigation of sexual harassment complaints.
9. AB 2492 (Irwin) of 2024, is scheduled to be heard in the Assembly Higher Education Committee on April 16, 2024, and would require each public postsecondary education institution to establish the positions of a confidential student advocate, a confidential staff and faculty advocate, and a confidential respondent services coordinator.
10. AB 2608 (Gabriel) of 2024, is scheduled to be heard in the Assembly Higher Education Committee on April 16, 2024 and would expand the requirements for annual training for students on sexual violence and sexual harassment to include information on drug-facilitated sexual assault and information related to confidential support and care resources.
11. AB 2987 (Ortega) of 2024, is scheduled to be heard in the Assembly Higher Education Committee on April 16, 2024. The measure would require each campus of the CSU and CCCs, and requests each campus of the UC, to provide status updates on the outcomes of complaints of sex discrimination to complainants and respondent; and, requires/requests that notice of a disciplinary action to the respondent be provided to the respondent within three schooldays of a decision.

REGISTERED SUPPORT / OPPOSITION:

Support

Cal State Student Association
California State University Employees Union (CSUEU)
Faculty Association of California Community Colleges
GenUp (Generation Up)
Safe Campuses Coalition

Opposition

None on file.

Analysis Prepared by: Ellen Cesaretti-Monroy / HIGHER ED. / (916) 319-3960

1. https://ahed.assembly.ca.gov/system/files/2024-02/a-call-to-action-report-2024_0.pdf ↑

2. https://www.auditor.ca.gov/reports/2022-109/index.html ↑

3. https://www.calstate.edu/titleix/Documents/california-state-university_systemwide-report_july-17-2023.pdf ↑