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 under any education program or activity receiving federal financial assistance. A portion of the Donahoe Higher Education Act known as the Equity in Higher Education Act declares, among other things, 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 or enrolls students who receive state financial aid. Provisions of the Donahoe Higher Education Act apply to the University of California only to the extent that the Regents of the University of California act, by resolution, to make them applicable.

This bill would require, on or before July 1, 2026, a public postsecondary educational institution, defined as any campus of the California Community Colleges, the California State University, or the University of California, in order to comply with the above-described provision of the Equity in Higher Education Act, to establish and designate at least one person to fulfill the positions of confidential student advocate, confidential staff and faculty advocate, and confidential respondent services coordinator to assist students, faculty, or staff who have filed a complaint of sex discrimination, experienced sex discrimination, or are accused of sex discrimination, as provided. The bill would require those positions to, among other things, be independent from the Title IX office, receive specified training, and subject to permission from the student, faculty, or staff, provide, among other things, information about where the student, faculty, or staff can access campus resources, as provided. By imposing new duties on community college districts, the bill would impose a state-mandated local program.

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

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

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 under any education program or activity receiving federal financial assistance. A portion of the Donahoe Higher Education Act known as the Equity in Higher Education Act declares, among other things, that it is the policy of the State of California that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind in the postsecondary educational institutions of the state. 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 or enrolls students who receive state financial aid. Provisions of the Donahoe Higher Education Act apply to the University of California only to the extent that the Regents of the University of California act, by resolution, to make them applicable.

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 under any education program or activity receiving federal financial assistance. A portion of the Donahoe Higher Education Act known as the Equity in Higher Education Act declares, among other things, that it is the policy of the State of California that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind in the postsecondary educational institutions of the state.

This bill would state the intent of the Legislature to enact future legislation that would require each campus of the California Community Colleges and the California State University, and request each campus of the University of California, to provide, for purposes of sex discrimination complaints, confidential advocates and respondent coordinators.

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anna Caballero, Chair

2023 - 2024 Regular Session

AB 2492 (Irwin) - Public postsecondary education: sex discrimination complaints: advocates and coordinators

Bill Summary:

This bill requires each public postsecondary education institution to establish positions for a confidential student advocate, confidential staff and faculty advocate, and confidential respondent services coordinator, and designate at least one person to fulfill each position by July 1, 2026.

Fiscal Impact:

• The Chancellor’s Office estimates that this bill could result in Proposition 98 General Fund costs of $204,000 for each community college campus to hire the specified positions, or statewide costs of about $23.5 million for all 115 campuses. These costs could be deemed to be reimbursable by the Commission on State Mandates.
• The University of California (UC) and California State University (CSU) do not anticipate direct costs as a result of this bill. The CSU indicates that it currently has confidential advocates available for students, faculty, and staff on every campus and most campuses have also designated someone as a respondent services coordinator.

Background:

Existing federal law establishes Title IX, which 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.

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

Existing law requests the CSU Trustees, the UC Regents, 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, and transgender faculty, staff, and students at the respective campus. Existing law requires, at a minimum, the name and contact information of that designated employee to be published on the website for the respective campus and be included in any printed and Internet-based campus directories.

Proposed Law:

This bill requires each public postsecondary education institution to establish the following positions and designate at least one person to fulfill each position as follows, by July 1, 2026:

• 1. A confidential student advocate to assist students who have filed a complaint of sex discrimination with a Title IX office or have experienced sex discrimination. The confidential student advocate shall receive training on the campus non-discrimination policy, campus policies on student misconduct, and the proper procedures for filing complaints of sex discrimination or student misconduct on campus. The bill requires a confidential student advocate to do all of the following, subject to permission from the student:
     
     1. Provide confidential emotional support and assistance to the student.
        
     2. Inform the student of their rights and options, as specified.
     3. Assist a student who chooses to a file a formal report with law enforcement, the Title IX office, or both, with the reporting process, including assisting with other agencies, campus and community services, and law enforcement.
        
  2. 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. This bill requires a confidential staff and faculty advocate to receive training on the campus nondiscrimination policy, campus collective bargaining agreements, and the proper procedures for filing complaints of sex discrimination. It also requires a confidential staff and faculty advocate to do all of the following, subject to permission from the staff or faculty member:
     
     1. Provide confidential emotional support and assistance to the staff or faculty member.
        
     2. Inform the staff or faculty member, as specified, including where the staff or faculty member can access campus resources such as psychological counseling, medical care, emergency housing, and transportation, as necessary.
        
     3. Assist a staff or faculty member who chooses to file a formal report with law enforcement, the Title IX office, or both, with the reporting process, including assisting with other agencies, campus and community services, and law enforcement.
        
  3. A confidential respondent services coordinator to assist students, staff, or faculty who have been accused of sex discrimination. This bill requires a confidential respondent services coordinator to be familiar with the campus nondiscrimination policy, any rules or policies adopted by a public postsecondary educational institution on the expectations or standards of student, faculty, or staff behavior on campus, and the proper procedures for filing complaints of sex discrimination. It requires a confidential respondent services coordinator shall do all of the following, subject to permission from the respondent:
     
     1. Provide confidential emotional support and assistance to the respondent.
        
     2. Inform the respondent, as specified, including the rights afforded to the respondent under the campus nondiscrimination policy.
        
     3. Act as the student advisor provided by the public postsecondary educational institution, as proposed to be established by AB 1575 (Irwin, 2024).
        

This bill requires all of the positions to be exempt from the requirements of a responsible employee, as defined (be a confidential employee), independent from a Title IX office, and subject to supervision from the chief executive officer of the respective public postsecondary educational institution. It also authorizes a public postsecondary educational institution to do allow the same person to fulfill the positions of a confidential student advocate and a confidential staff and faculty advocate, and/or allow a sexual assault and domestic violence counselor to fulfill the position of confidential student advocate or the position of confidential staff and faculty advocate, or both.

This bill requires a confidential student advocate, confidential staff and faculty advocate, and confidential respondent services coordinator to obtain specific permission from the student, staff member, or faculty member alleging sex discrimination or the respondent who has been accused of sex discrimination, as applicable, before disclosing that person’s identity, or any information that could reasonably be expected to reveal their identity, to the public postsecondary educational institution or any other authority, including law enforcement, unless otherwise required by applicable state or federal law. This provision is intended to maintain confidentiality, preserve any applicable privileges, and protect the privacy of students, staff, or faculty alleging sex discrimination, and respondents accused of sex discrimination that receive assistance from a confidential student advocate, confidential staff and faculty advocate, or confidential respondent services coordinator, as applicable.

The bill provides that it shall not limit either party’s right of cross-examination of a confidential student advocate, confidential staff and faculty advocate, or confidential respondent services coordinator in a criminal or civil proceeding if the advocate/coordinator testifies after written consent has been given by the individual who received services from that advocate/coordinator.

Related Legislation:

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 pending in this Committee.

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. SB 1166 is pending in the Assembly Appropriations Committee.

Staff Comments:

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. As revealed in this report, “[c]onfidential advocates provide a continuum of care for survivors and play an integral role in restoring educational equity after a discriminatory event. Confidential advocates are the key architect in building a blueprint for a survivor’s recovery as they are responsible for connecting the survivor with on- and off-campus resources to help facilitate healing after the alleged incident.

This bill addresses the recommendation in this report to require each campus of the CCC, CSU, and UC to hire at least one confidential advocate and one confidential respondent coordinator, to be housed in an independent office and be confidential by every standard under the law.

-- END --

SENATE JUDICIARY COMMITTEE

Senator Thomas Umberg, Chair

2023-2024 Regular Session

Bill No: AB 2492 (Author:Irwin)

Version: April 18, 2024

Hearing Date: June 25, 2024

Fiscal: Yes

Urgency: No

Consultant: ME

SUBJECT

Public postsecondary education: sex discrimination complaints: advocates and coordinators

DIGEST

This bill 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.

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 2492 is one of the bills designed to create a safer environment in California’s public colleges and universities.

The provisions in this bill arise from recommendations for legislation described in a 2024 Assembly Higher Education Committee report.^[1] This bill requires a public postsecondary educational institution to establish and designate at least one person to fulfill the positions of confidential student advocate, confidential staff and faculty advocate, and confidential respondent services coordinator to assist students, faculty, or staff who have filed a complaint of sex discrimination, experienced sex discrimination, or are accused of sex discrimination, as provided, on or before July 1, 2026. The bill requires the positions to be independent from the Title IX office, receive specified training, and provide information to the students, faculty, or staff regarding various issues.

The bill is supported by the California State University, Cal State Student Association, California Faculty Association, California State University Employees Union, 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 2492 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. Provides 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 California State University (CSU). (Gov. Code § 11135.)

This bill:

1. Requires a public postsecondary educational institution, in order to comply with the above-described provision of the Equity in Higher Education Act, to establish and designate at least one person to fulfill the positions of confidential student advocate, confidential staff and faculty advocate, and confidential respondent services coordinator to assist students, faculty, or staff who have filed a complaint of sex discrimination, experienced sex discrimination, or are accused of sex discrimination, as provided, on or before July 1, 2026.
2. Requires those positions to, among other things, be independent from the Title IX office, receive specified training, and subject to permission from the student, faculty, or staff, provide, among other things, information about where the student, faculty, or staff can access campus resources, as provided.
3. Defines “public postsecondary educational institution” as any campus of the California Community Colleges, the California State University, or the University of California.

COMMENTS

1. Stated need for the bill

According to the author:

California’s colleges and universities are filled with extremely bright and dedicated students who come from around the world to study, conduct research, participate in athletics, and better their lives. At times their higher education experience presents them with challenges related to sexual harassment and sex discrimination. Many students and staff are not prepared to navigate these proceedings on their own. AB 2492 would provide students, faculty, and staff involved in Title IX adjudication processes a confidential advocate or respondent coordinator. These positions provide support to those navigating a Title IX hearing on both the complainant and the respondent side. California’s institutions of higher education must be equipped with resources that appropriately support their students, faculty, and staff during Title IX proceedings.

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 report is available at: https://ahed.assembly.ca.gov/system/files/2024-02/a-call-to-action-report-2024_0.pdf]

The following write up on pages 15-16 of 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:

Confidential advocates provide a continuum of care for survivors and play an integral role in restoring educational equity after a discriminatory event. Confidential advocates are the key architect in building a blueprint for a survivor’s recovery as they are responsible for connecting the survivor with on- and off-campus resources to help facilitate healing after the alleged incident.

Addressing Gender-Based Violence on Campuses: Guide to a Comprehensive Model, establishes confidential advocates as the first line of action when it comes to helping survivors determine the next steps. In addition to connecting survivors to comprehensive care services, confidential advocates assist survivors in navigating the difficult choices of reporting in a manner that leaves the survivor empowered to choose what is best to meet their individual needs (Campus Technical Assistance and Resource Project). Confidential advocates provide trauma-informed, inclusive, emotional support by helping survivors connect with services such as access to health care and counseling.

Not Alone, the first report by the White House Task Force to Protect Students from Sexual Assault, determined a key best practice in responding effectively when a student is sexually assaulted, is for every campus to have a confidential victim advocate who can provide emergency and ongoing support to the survivor (The White House, 2014). The state of Texas goes a step further by not only requiring higher education institutions to have confidential advocates, but Texas also requires higher education institutions to employ students as confidential advocates to encourage reporting (Texas Higher Education Coordinating Board, 2023).

A task force created by the Massachusetts Board of Higher Education published a report with best practices for campus safety and violence prevention, which included a recommendation to provide support services to both survivors of sexual violence and those who are accused (Massachusetts Commissioner of Higher Education, 2016). Both parties will need help through the grievance process, and both may need access to support services such as counseling and academic support. The report also suggests the institutions examine the impact of the sex discrimination incident and offer confidential advocates to those impacted by the discriminatory incident; such as roommates, teammates, classmates, fraternity brothers or sorority sisters, friends, professors, coaches, and others who may have been impacted by having witnessed or learned of the incident (Massachusetts Commissioner of Higher Education, 2016).

The report highlights the importance of confidential advocates for survivors of sexual violence and those who are accused of sexual violence ^[3] The report concluded with various recommendations for legislation. AB 2492 is modeled after campus recommendation 3. Recommendation 3 suggests requiring “each campus of the CCC, CSU, and UC to hire at least one confidential advocate and one confidential respondent coordinator. The advocates and respondents shall be housed in an independent office and shall be confidential by every standard under the law. Campuses are encouraged to hire students, in addition to the required advocates as listed above, who shall be confidential advocates for their peer students and shall be trained and certified as confidential advocates to provide the campus community with peer-confidential resources.”

The bill requires California’s public postsecondary educational institutions to have a confidential student advocate, confidential staff and faculty advocate, and a confidential respondent services coordinator to assist parties through Title IX investigation and adjudication processes. The confidential student advocate will receive training to provide services including: confidential emotional support, campus-specific misconduct policies, how to file complaints, informing the student of various reporting options and anti-retaliation policies, assisting the Title IX coordinator in supporting the student, and providing information on the medical and mental health resources available on campus. The confidential faculty and staff advocate will operate similarly, with the added provision that the advocate will be trained on campus collective bargaining agreements. The confidential respondent services coordinator will receive similar training on campus nondiscrimination policies, as well as training on conduct standards, and the rights afforded to the respondent under the campus nondiscrimination policy. AB 2492 allows for the confidential student advocate to be the same person as the confidential staff and faculty advocate. It also permits a sexual assault and domestic violence counselor to serve as the confidential advocate for either student or staff. These positions will not be classified as mandatory reporters, to ensure students and faculty feel free to access these services.

3. Support

The California State University writes the following in support of the bill:

This bill would require California’s public universities to provide confidential advocates and respondent advocates to assist students, faculty, and staff members who are navigating incidents of sex discrimination.

These positions are vital to ensuring that members of the campus community are aware of systemwide policies as well as state and federal laws that may impact their case. Confidential advocates assist survivors by providing emotional support, informing them of their rights and options, and helping them to file a report with the campus Title IX office as well as law enforcement if they so choose. This position supports the student, faculty, or staff member in navigating the Title IX process and helping them access the resources they need at a difficult time. Respondent advocates assist the student, faculty, or staff member involved in the case by informing them of their rights and relevant policies, as well as resources they can access including mental health services. Both of these positions are separate from the university’s Title IX office and are entirely focused on supporting the individual.

While the CSU currently has a confidential advocate at each of our twenty-three universities and respondent advocates at the majority of our universities, the CSU is currently working to ensure all universities have a respondent advocate. This bill aligns with our belief that members of all campus communities should have access to both of these resources.

The California Faculty Association writes the following in support of AB 2492:

AB 2492 mandates that by July 1, 2026, each campus of the CCC, CSU, and UC will designate a confidential student advocate, a confidential staff and faculty advocate, and a confidential respondent services coordinator. These roles are critical to providing the necessary support to survivors of sexual harassment and sex discrimination, as well as to those accused, ensuring they receive fair and compassionate treatment.

Key provisions of AB 2492 include:

1. Confidential Student Advocate: This advocate will receive training on campus nondiscrimination policies and student misconduct procedures. They will provide confidential emotional support, inform students of their rights and options, and assist with the reporting process, all with the student's permission.
2. Confidential Staff and Faculty Advocate: This advocate will support staff and faculty members who have experienced sexual harassment or sex discrimination, providing similar services as the student advocate but tailored to the needs of employees.
3. Confidential Respondent Services Coordinator: This coordinator will provide emotional support and assistance to students, staff, and faculty who have been accused of sex discrimination. They will ensure that respondents understand their rights and the investigatory process, maintaining confidentiality and independence from the Title IX office.

The roles established by AB 2492 are exempt from the requirements of a responsible employee, ensuring that individuals can seek support without fear of mandatory reporting. This bill also permits campuses to have the same person fulfill multiple advocate roles and allows sexual assault and domestic violence counselors to serve as confidential advocates.

The need for these positions is evident. Currently, the CCC lacks a systemwide policy on confidential advocates, leaving many districts without this critical support. While most CSU and UC campuses have some form of confidential advocacy, the level of support and consistency varies. AB 2492 addresses these gaps by standardizing the availability of confidential support across all public postsecondary institutions in California.

AB 2492 will significantly enhance the support system for survivors of sexual harassment and sex discrimination, as well as ensure fair treatment for respondents. By establishing these roles, California's public postsecondary institutions will be better equipped to handle these sensitive issues, providing a safer and more supportive environment for all students, faculty, and staff.

The Cal State Student Association writes the following in support of AB 2492:

This bill aims to ensure that students have the option of having a confidential advocate or a confidential respondent services coordinator to accompany them during Title IX investigation and adjudication processes.

We commend the diligent work undertaken by the committee as evidenced in the Call to Action Report. The report highlights significant deficiencies in addressing discrimination and inequitable treatment within the CSU system, issues that deeply trouble us. It is clear that substantial action is necessary to address these shortcomings. AB 2492, aligning with the third campus recommendation from the Call to Action Report, represents a crucial step forward in this regard.

At present, public colleges and universities lack a systemwide policy to support students and staff during sexual harassment or sex discrimination hearings. AB 2492 seeks to remedy this by establishing a mechanism for individuals filing complaints to access trained, confidential advocates who can provide support, inform them of their rights, and explain reporting options. Similarly, individuals responding to complaints will have the option to engage with a confidential respondent services coordinator. Given the stressful and complex nature of Title IX hearings, AB 2492 ensures that students, staff, and faculty receive the necessary guidance and support.

SUPPORT

Cal State Student Association

California Faculty Association

California State University

California State University Employees Union

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 pending 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 pending in the Senate Appropriations Committee.

AB 2047 (Mike Fong, 2024) requires the CCC, CSU, and UC to establish a systemwide Office of Civil Rights and establish the position of systemwide Title IX coordinator. AB 2047 is pending referral in the Senate Judiciary 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 pending 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 Appropriations 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 pending 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 72, Noes 0)

Assembly Appropriations Committee (Ayes 15, Noes 0)

Assembly Higher Education Committee (Ayes 11, Noes 0)

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

1. See campus recommendation 3 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). https://ahed.assembly.ca.gov/system/files/2024-02/a-call-to-action-report-2024_0.pdf ↑

3. 2024 Assembly Higher Education Committee report, A Call to Action: How Postsecondary Education Institutions Can Address Sex Discrimination and Provide Educational Justice on Campus, p. 15-16. ↑

SENATE COMMITTEE ON EDUCATION

Senator Josh Newman, Chair

2023 - 2024 Regular

Bill No: AB 2492 Hearing Date: June 19, 2024

Subject: Public postsecondary education: sex discrimination complaints: advocates and coordinators.

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 each public postsecondary education institution to establish positions for a confidential student advocate, confidential staff and faculty advocate, and confidential respondent services coordinator, and designate at least one person to fulfill each position by July 1, 2026.

BACKGROUND

Existing law:

1. Establishes Title IX, providing 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. Outlines the required response, pursuant to Title IX, of a postsecondary educational 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. Regulations allow complainants and respondents to have advisors throughout the grievance process. (Federal Code of Regulations Title 34, Subtitle B, Chapter 1, Subpart D, § 106.45)
3. Establishes the Equity in Higher Education Act (Act) to prohibit a person from being subjected to discrimination on the basis of disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the statutory definition of hate crimes, in any program or activity conducted by an educational institution that receives, or benefits from, state financial assistance or enrolls pupils who receive state student financial aid. (Education Code (EC) § 66270)
   
4. Requires the governing board of a community college district, the Trustees of the California State University (CSU), the Board of Directors of San Francisco Law School, and the Regents of the University of California (UC) to adopt and implement a written procedure or protocols related to sexual assault or domestic violence, as specified. Existing law requires the procedures/protocols to be reviewed and updated annually in collaboration with sexual assault and domestic violence counselors, and student, faculty, and staff representatives. Existing law authorizes sexual assault and domestic violence counselors at public colleges and universities be independent from the Title IX office, and prohibits sexual assault and domestic violence counselors from releasing the identity of the victim without first obtaining specific permission. (EC § 67385)

Title IX coordinator (not confidential employees)

1. Requires UC, CSU, California Community Colleges (CCCs), private postsecondary educational institutions, and independent institutions of higher education that receive state financial assistance, in order to receive state financial assistance, to implement, and at all times comply with, specified requirements at each campus of the institution, including but not limited to:
   
   1. Designate at least one employee of the institution to coordinate its efforts to comply with and carry out its responsibilities under California’s Equity in Higher Education Act. Existing law requires the employee to have adequate training on what constitutes sexual harassment and on trauma-informed investigatory and hearing practices, and shall understand how the institution’s grievance procedures operate.
      
   2. Requires the institution, if a complainant requests confidentiality which could preclude a meaningful investigation or potential discipline, to take the request seriously while at the same time considering its responsibility to provide a safe and nondiscriminatory environment for all students, including for the complainant. Existing law requires the institution to generally grant the request.
      
   3. Requires the institution, if it determines that it can honor the student’s request for confidentiality, to still take reasonable steps to respond to the complaint, consistent with the request, to limit the effects of the alleged sexual harassment and prevent its recurrence without initiating formal action against the alleged perpetrator or revealing the identity of the complainant.
      
   4. Requires the institution, if it determines that it must disclose the complainant’s identity to the respondent or proceed with an investigation, to inform the complainant prior to making this disclosure or initiating the investigation. Existing law requires the institution, in the event the complainant requests that the institution inform the respondent that the student asked the institution not to investigate or seek discipline, to honor this request. (EC § 66281.8)

ANALYSIS

This bill:

1. Requires each public postsecondary education institution to establish the following positions and designate at least one person to fulfill each position as follows, by July 1, 2026:
   

Confidential student advocate

• 1. A confidential student advocate to assist students who have filed a complaint of sex discrimination with a Title IX office or have experienced sex discrimination. This bill requires a confidential student advocate to receive training on the campus non-discrimination policy, campus policies on student misconduct, and the proper procedures for filing complaints of sex discrimination or student misconduct on campus.
     
     Requires a confidential student advocate to do all of the following, subject to permission from the student:
     
     1. Provide confidential emotional support and assistance to the student.
        
     2. Inform the student of their rights and options, including all of the following:
        

1. Where the student can access campus resources such as psychological counseling, medical care, emergency housing, transportation, and academic support, as necessary.
   
2. The various reporting options available to the student, including how to report an incident to law enforcement and the Title IX office, and the option of not reporting.
   
3. How complaints are processed according to the campus adjudication process for complaints of discrimination.
   
4. Campus policies prohibiting retaliation against a person who chooses to report an incident of sex discrimination.
   
   • 1. Assist a student who chooses to a file a formal report with law enforcement, the Title IX office, or both, with the reporting process, including assisting with other agencies, campus and community services, and law enforcement.
        

Confidential staff and faculty advocate

• 1. 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. This bill requires a confidential staff and faculty advocate to receive training on the campus nondiscrimination policy, campus collective bargaining agreements, and the proper procedures for filing complaints of sex discrimination.
     
     Requires a confidential staff and faculty advocate to do all of the following, subject to permission from the staff or faculty member:
     
     1. Provide confidential emotional support and assistance to the staff or faculty member.
        
     2. Inform the staff or faculty member of all of the following:
        

1. Where the staff or faculty member can access campus resources such as psychological counseling, medical care, emergency housing, and transportation, as necessary.
   
2. Campus policies on sexual harassment and the various reporting options the staff or faculty member has for submitting a formal report alleging sex discrimination.
   
3. Campus policies prohibiting retaliation against a person who chooses to report an incident of sex discrimination.
   
   • 1. Assist a staff or faculty member who chooses to file a formal report with law enforcement, the Title IX office, or both, with the reporting process, including assisting with other agencies, campus and community services, and law enforcement.
        

Confidential respondent services coordinator

• 1. A confidential respondent services coordinator to assist students, staff, or faculty who have been accused of sex discrimination. This bill requires a confidential respondent services coordinator to be familiar with the campus nondiscrimination policy, any rules or policies adopted by a public postsecondary educational institution on the expectations or standards of student, faculty, or staff behavior on campus, and the proper procedures for filing complaints of sex discrimination.
     
     Requires a confidential respondent services coordinator shall do all of the following, subject to permission from the respondent:
     
     1. Provide confidential emotional support and assistance to the respondent.
        
     2. Inform the respondent of all of the following:
        

1. The rights afforded to the respondent under the campus nondiscrimination policy.
   
2. What the investigation and adjudication process entails.
   
3. Where the respondent can access campus and community resources for psychological counseling, legal services, alternative housing, academic changes, and any other needs deemed necessary by the campus.
   
   • 1. Act as the student advisor provided by the public postsecondary educational institution, as proposed to be established by AB 1575 (Irwin, 2024).
        
4. Requires all of the positions established above to be all of the following:
   
   1. Exempt from the requirements of a responsible employee, as defined (be a confidential employee).
      
   2. Independent from a Title IX office.
      
   3. Subject to supervision from the chief executive officer of the respective public postsecondary educational institution.
      
5. Authorizes a public postsecondary educational institution to do either, or both, of the following:
   
   1. Allow the same person to fulfill the positions of a confidential student advocate and a confidential staff and faculty advocate.
      
   2. Allow a sexual assault and domestic violence counselor to fulfill the position of confidential student advocate or the position of confidential staff and faculty advocate, or both.
      
6. Requires a confidential student advocate, confidential staff and faculty advocate, and confidential respondent services coordinator to obtain specific permission from the student, staff member, or faculty member alleging sex discrimination or the respondent who has been accused of sex discrimination, as applicable, before disclosing that person’s identity, or any information that could reasonably be expected to reveal their identity, to the public postsecondary educational institution or any other authority, including law enforcement, unless otherwise required by applicable state or federal law.
   
7. Provides that # 4 is intended to maintain confidentiality, preserve any applicable privileges, and protect the privacy of students, staff, or faculty alleging sex discrimination, and respondents accused of sex discrimination that receive assistance from a confidential student advocate, confidential staff and faculty advocate, or confidential respondent services coordinator, as applicable.
   
8. Prohibits this bill from limiting either party’s right of cross-examination of a confidential student advocate, confidential staff and faculty advocate, or confidential respondent services coordinator in a criminal or civil proceeding if the advocate/coordinator testifies after written consent has been given by the individual who received services from that advocate/coordinator.

STAFF COMMENTS

1. Need for the bill. According to the author, “California’s colleges and universities are filled with extremely bright and dedicated students who come from around the world to study, conduct research, participate in athletics, and better their lives. At times their higher education experience presents them with challenges related to sexual harassment and sex discrimination. Many students and staff are not prepared to navigate these proceedings on their own. AB 2492 would provide students, faculty, and staff involved in Title IX adjudication processes a confidential advocate or respondent coordinator. These positions provide support to those navigating a Title IX hearing on both the complainant and the respondent side. California’s institutions of higher education must be equipped with resources that appropriately support their students, faculty, and staff during Title IX proceedings.”
   
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 revealed in this report, “[c]onfidential advocates provide a continuum of care for survivors and play an integral role in restoring educational equity after a discriminatory event. Confidential advocates are the key architect in building a blueprint for a survivor’s recovery as they are responsible for connecting the survivor with on- and off-campus resources to help facilitate healing after the alleged incident. A report by the Campus Technical Assistance and Resource Project, Addressing Gender-Based Violence on Campuses: Guide to a Comprehensive Model, establishes confidential advocates as the first line of action when it comes to helping survivors determine the next steps. In addition to connecting survivors to comprehensive care services, confidential advocates assist survivors in navigating the difficult choices of reporting in a manner that leaves the survivor empowered to choose what is best to meet their individual needs. https://changingourcampus.org/documents/FINAL-GBV-Comprehensive-Model-22117.pdf A 2014 report by the White House Task Force to Protect Students from Sexual Assault, Not Alone, determined a key best practice in responding effectively when a student is sexually assaulted, is for every campus to have a confidential victim advocate who can provide emergency and ongoing support to the survivor. https://obamawhitehouse.archives.gov/sites/default/files/docs/report_0.pdf

This bill addresses the recommendation in this report to require each campus of the CCC, CSU, and UC to hire at least one confidential advocate and one confidential respondent coordinator, to be housed in an independent office and be confidential by every standard under the law.

1. Confidential employee. Existing law defines “responsible employee” as an employee who has the authority to take action to redress sexual harassment or provide supportive measures to students, or who has the duty to report sexual harassment to an appropriate school official who has that authority. Responsible employees are expected to report complaints of sexual harassment – information provided to a responsible employee is not confidential. Responsible employees specifically include Title IX coordinators, residential advisors, athletic directors, faculty, and other specified staff. Some staff are specifically excluded from being a responsible employee, such as a therapist including a UC Center for Advocacy, Resources, and Education (CARE) employee or CSU victim advocate. These excluded staff are considered confidential employees.
   
   Existing law requires UC, CSU, CCCs, private postsecondary educational institutions, and independent institutions of higher education that receive state financial assistance to designate at least one employee of the institution to coordinate its efforts to comply with and carry out its responsibilities under California’s Sex Equity in Education Act; that employee is designated as a responsible employee and is therefore not a confidential employee.
   
   California does not have a requirement for campuses to employ confidential employees and therefore, each public higher education system has the authority to employ a confidential advocate as part of the institution’s response to discriminatory events.
   
   The CCC does not have a systemwide policy on whether community colleges must have confidential advocates; therefore, each district is left to determine whether confidential advocates are necessary to respond to sex discrimination on campus. Research conducted by the Assembly Higher Education Committee found very few community colleges employ full-time confidential advocates.
   

According to the 2023 “Cozen O’Connor report,” Title IX and Discrimination Harassment and Retaliation Assessment Systemwide Report, every CSU campus except Cal Poly San Luis Obispo has at least one confidential advocate. This report noted, at the time of its audit of campuses, very few had respondent services; however, the CSU Chancellor’s Office has confirmed campuses have begun to hire or designate individuals to assist respondents.

Each UC campus has a “Center for Advocacy, Resources, & Education” (CARE). Each center employs confidential advocates to provide emotional support to students and employees who have experienced sexual violence or harassment. The advocates employ trauma-informed practices to help provide support through access to services, mental health counseling, and advice regardless of whether the survivor wishes to report the incident or simply receive supportive services. In addition to advocates for survivors of sexual violence and sexual harassment, each UC campus has respondent service coordinators. The role of the respondent coordinator is to help subjects of a Title IX complaint understand their rights and the adjudication process. The respondent service coordinators are trained to help the respondent access campus and community resources, understand their rights, and navigate the grievance process. Unlike the confidential advocates, the respondent service coordinators are not confidential.

1. Fiscal impact. According to the Assembly Appropriations Committee, this bill would impose the following costs:
   
   1. Minor and absorbable General Fund costs to UC.
      
   2. Minor and absorbable General Fund costs to CSU. CSU indicates most of its campuses have designated the positions required by this bill.
      
   3. Ongoing Proposition 98 General Fund costs to CCC campuses, of about $200,000 per campus, to hire staff to meet the requirements of this bill. Total costs for the state's 115 CCC campuses would be about $23 million.
      
2. Related legislation.
   
   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.
   
   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 2047 (Mike Fong, 2024) 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. AB 2047 is scheduled to be heard in this committee on June 19, 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.
   
   AB 2987 (Ortega, 2024) requires each campus of the CSU and the 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 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 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 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 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 Faculty Association
California Federation of Teachers

California State Student Association
California State University Employees Union
California State University, Office of the Chancellor

OPPOSITION

None received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 2492

Author:(Irwin and Mike Fong)

As Amended Ver:April 18, 2024

Majority vote

SUMMARY

Establishes the role of confidential advocates and confidential respondents on campuses of the California Community Colleges (CCC), the California State University (CSU), and the University of California (UC).

Major Provisions

1. Requires each campus of the CCC, each campus of the CSU, and each campus of the UC to do the following:
   1. Establish a role and designate a person by July 1, 2026, to serve as a confidential student advocate who will help student survivors of sexual harassment or sex discrimination on campus. The confidential student advocate will do the following:
      1. Receive training on the campus nondiscrimination policy, campus policies on student misconduct and the proper procedures for filling compliant so sex discrimination or student misconduct on campus;
      2. After receiving permission from the student, provide confidential emotional support and assistance to the student;
      3. After receiving permission from the student, inform the student of their rights and options, as defined; and,
      4. Assist a student who chooses to file a formal report with either law enforcement, the Title IX office, or both with the reporting process.
   2. Establish a role and designate a person by July 1, 2026, to serve as a confidential staff and faculty advocate to help employees who have experienced sexual harassment or sex discrimination on campus. The confidential staff and faculty advocate will do the following:
      1. Receive training on the campus nondiscrimination policy, campus collective bargaining agreements, and the proper procedures for filling compliant so sex discrimination or student misconduct on campus;
      2. After receiving permission from the staff or faculty, provide confidential emotional support and assistance to the staff or faculty;
      3. After receiving permission from the staff or faculty, inform them of their rights and options, as defined; and,
      4. Assist the staff or faculty who chooses to file a formal report with either law enforcement, the Title IX office, or both with the reporting process.
   3. Establish a role and designate a person by July 1, 2026, to serve as the confidential respondent services coordinator to work with students, staff, and faculty, who have been accused of sex discrimination, to provide confidential emotional support and assistance. The confidential respondent services coordinator will be familiar with the campus nondiscrimination policy, any rules or policies adopted by the public postsecondary education institution on the expectations or standards for behavior of students, faculty, or staff, and the proper procedures for filing a complaint of sex discrimination. The confidential respondent services coordinator will do the following:
      1. With permission from the respondent, provide emotional support and assistance to the respondent;
      2. With permission from the respondent, inform the respondent of their rights under the campus nondiscrimination policy, the campus and community resources available to the respondent, and what could occur during the investigation and adjudication process; and,
      3. Act as the student advisor provided by the public postsecondary education institution, as defined.
2. Clarifies the positions established in 1) of this analysis, are exempt from the requirements of a responsible employee, as enumerated in Education Code Section 66381.8; are independent from the Title IX office; and, are subject to supervision from the chief executive officer of the campus.
3. Permits a postsecondary education institution to do any of the following:
   1. Have the same person to fulfill the positions of a confidential student advocate and a confidential staff and faculty advocate; and,
   2. Have sexual assault and domestic violence counselors, described in Education Code Section 67385, to fulfill the position of confidential student advocate or the position of confidential staff and faculty advocate, or both.
4. Requires any of the confidential positions created by 1) of this analysis to require permission from either the student, staff, or faculty that they are assisting before disclosing the person's identity or any information that could reasonably be expected to reveal their identity to either the postsecondary education institution or any other authority unless otherwise required by state or federal law.
   1. The above 4) of this analysis, is intended to maintain confidentiality, preserve any applicable privileges, as defined, and protect privacy of students, staff, or faculty alleging sex discrimination, and respondents accused of sex discrimination that receive assistance from the confidential positions enumerated in 1), above.
5. Clarifies, nothing will limit either party's right of cross-examination of the confidential positions in 1) of this analysis in a criminal or civil proceeding if the confidential position of 1), above, testifies after written consent has been given by the individual they were assisting.

COMMENTS

Confidential advocates on CCC, CSU, and UC campus. The CCC does not have a systemwide policy on whether community colleges must have confidential advocates; therefore, each district is left to determine whether confidential advocates are necessary to respond to sex discrimination on campus. Research conducted by the Assembly Higher Education Committee found very few community colleges employ full-time confidential advocates.

According to the 2023 Title IX and Discrimination Harassment and Retaliation Assessment Systemwide Report by the law firm, Cozen O'Connor, every CSU campus except Cal Poly San Luis Obispo has at least one confidential advocate. The role of the confidential advocate on a CSU campus is to assist the complainant in understanding their rights, the grievance process, and connect the survivor to support services. The Cozen O'Connor report included whether a campus had a respondent coordinator and, at the time of publication of the Cozen O'Connor audit, very few had respondent services; however, the CSU Chancellor's Office has confirmed campuses have begun to hire or designate individuals to assist respondents.

Each UC campus has a "Center for Advocacy, Resources, & Education" (CARE). Each center employs confidential advocates to provide emotional support to students and employees who have experienced sexual violence or harassment. The advocates employ trauma-informed practices to help provide support through access to services, mental health counseling, and advice regardless of whether the survivor wishes to report the incident or simply receive supportive services. In addition to advocates for survivors of sexual violence and sexual harassment, each UC campus has respondent service coordinators. The role of the respondent coordinator is to help subjects of a Title IX complaint understand their rights and the adjudication process. The respondent service coordinators are trained to help the respondent access campus and community resources, understand their rights, and navigate the grievance process. Unlike the confidential advocates, the respondent service coordinators are not confidential.

In 2022, California passed AB 1467 (Cervantes) Chapter 556, Statute of 2022, which required; all sexual assault and domestic violence counselors to be independent from the Title IX office, required them to be trained in sexual assault counseling and advocacy, and required them to maintain confidential communications. Concerns have been raised by the California Coalition Against Sexual Assault in their report on "Student Safety, Justice, and Support" as to whether confidential advocates on campus are in fact confidential or hold the same level of confidentiality as counselors from a local rape crisis center. The same sections of California Evidence Code that apply to rape crisis centers now apply to sexual assault and domestic counselors; therefore the same level of confidentiality is afforded to the counselors on campus as is provided to those at a local rape crisis center.

The confidential advocates and confidential respondent positions created by this bill would not have the same confidentiality privileges as those who are domestic violence or sexual assault counselors; but the bill does permit the domestic violence or sexual assault counselors to also be the confidential advocates for students, faculty, or staff.

Please see the policy committee's analysis for a full discussion of this bill.

According to the Author

"California's colleges and universities are filled with extremely bright and dedicated students who come from around the world to study, conduct research, participate in athletics, and better their lives. At times their higher education experience presents them with challenges related to sexual harassment and sex discrimination. Many students and staff are not prepared to navigate these proceedings on their own. AB 2492 would provide students, faculty, and staff involved in Title IX adjudication processes a confidential advocate or respondent coordinator. These positions provide support to those navigating a Title IX hearing on both the complainant and the respondent side. California's institutions of higher education must be equipped with resources that appropriately support their students, faculty, and staff during Title IX proceedings."

Arguments in Support

The California State Student Association expressed their support, by stating, "this bill aims to ensure that students have the option of having a confidential advocate or a confidential respondent services coordinator to accompany them during Title IX investigation and adjudication processes. We commend the diligent work undertaken by the committee as evidenced in the Call to Action Report. The report highlights significant deficiencies in addressing discrimination and inequitable treatment within the CSU system, issues that deeply trouble us. It is clear that substantial action is necessary to address these shortcomings. AB 2492, aligning with the fourth campus recommendation from the Call to Action Report, represents a crucial step forward in this regard. At present, public colleges and universities lack a system-wide policy to support students and staff during sexual harassment or sex discrimination hearings. AB 2492 seeks to remedy this by establishing a mechanism for individuals filing complaints to access trained, confidential advocates who can provide support, inform them of their rights, and explain reporting options. Similarly, individuals responding to complaints will have the option to engage with a confidential respondent services coordinator. Given the stressful and complex nature of Title IX hearings, AB 2492 ensures that students, staff, and faculty receive the necessary guidance and support."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Assembly Committee on Appropriations:

1. Minor and absorbable General Fund costs to UC.
2. Minor and absorbable General Fund costs to CSU. CSU indicates most of its campuses have designated the positions required by this bill.
3. Ongoing Proposition 98 General Fund costs to CCC campuses, of about $200,000 per campus, to hire staff to meet the requirements of this bill. Total costs for the state's 115 CCC campuses would be about $23 million.

VOTES

ASM HIGHER EDUCATION: 11-0-0

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

ASM APPROPRIATIONS: 15-0-0

YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua

UPDATED

VERSION: April 18, 2024

CONSULTANT: Ellen Cesaretti-Monroy / HIGHER ED. / (916) 319-3960 FN: 0003167

Date of Hearing: May 8, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 2492

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

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

SUMMARY:

This bill requires, by July 1, 2026, each campus of the California Community Colleges (CCC), the California State University (CSU), and the University of California (UC) to establish and fill several positions to provide assistance to students and staff related to sex discrimination on campuses.

Specifically, this bill requires each campus of the CCC, CSU, and UC to establish the positions of confidential student advocate, confidential staff and faculty advocate, and confidential respondent services coordinator and designate at least one person to fulfill each position. In the case of the confidential student advocate, the employee is to assist a student who has filed a complaint of sex discrimination with a Title IX office or has experienced sex discrimination and is to receive training on various areas related to their position. In the case of the confidential staff and faculty advocate, the employee is to assist staff and faculty who have filed complaints of sex discrimination with a Title IX office or have experienced sex discrimination and is to receive training on various areas related to their position. In the case of the confidential respondent services coordinator, the employee is to assist students, staff, or faculty who have been accused of sex discrimination and be familiar with various policies related to the expectations or standards of student, faculty, or staff behavior on campus, and the proper procedures for filing complaints of sex discrimination.

The bill allows a campus to assign the same person to fulfill the positions of a confidential student advocate and a confidential staff and faculty advocate. It also allows, if a campus employs a sexual assault and domestic violence counselor, for that position to fulfill the requirement of a confidential student advocate or confidential staff and faculty advocate.

FISCAL EFFECT:

1. Ongoing General Fund costs to UC campuses, of about $300,000 to hire staff to meet the requirements of this bill. Total costs for the state’s nine campuses would total about $2.7 million.
2. Minor and absorbable General Fund costs to CSU. CSU indicates most of its campuses have designated the positions required by this bill.
3. Ongoing Proposition 98 General Fund costs to CCC campuses, of about $200,000 per campus, to hire staff to meet the requirements of this bill. Total costs for the state’s 115 CCC campuses would be about $23 million.

If the Commission on State Mandates determines the bill’s requirements to be a reimbursable state mandate, the state would need to reimburse these costs to CCCs.

COMMENTS:

1. Purpose. According to the author:

At times their higher education experience presents [students] with challenges related to sexual harassment and sex discrimination. Many students and staff are not prepared to navigate these proceedings on their own. AB 2492 would provide students, faculty, and staff involved in Title IX adjudication processes a confidential advocate or respondent coordinator. These positions provide support to those navigating a Title IX hearing on both the complainant and the respondent side. California’s institutions of higher education must be equipped with resources that appropriately support their students, faculty, and staff during Title IX proceedings.

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. In addition, some campuses have sexual assault counselors students may access.

Similar to federal law, 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 requires campuses fill several positions for the purposes of complying with existing state and federal law.

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.

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 2492 (

Author:Irwin) – As Amended Ver:March 11, 2024

SUBJECT: Public postsecondary education: sex discrimination complaints: advocates and coordinators

SUMMARY: Establishes the role of confidential advocates and confidential respondents on campuses of the California Community Colleges (CCC), the California State University (CSU), and the University of California (UC). Specifically, this bill:

1. Requires each campus of the CCC, each campus of the CSU, and each campus of the UC to do the following:
   1. Establish a role and designate a person by July 1, 2026, to serve as a confidential student advocate who will help student survivors of sexual harassment or sex discrimination on campus. The confidential student advocate will do the following:
      1. Receive training on the campus nondiscrimination policy, campus policies on student misconduct and the proper procedures for filling compliant so sex discrimination or student misconduct on campus;
      2. After receiving permission from the student, provide confidential emotional support and assistance to the student;
      3. After receiving permission from the student, inform the student of their rights and options including the following:
         1. Where the student can access campus resources such as psychological counseling, medical care, emergency housing, transportation, and academic support, as necessary;
         2. The various reporting options available to the student, including how to report an incident to law enforcement, the campus or district Title IX office, and the option to not report;
         3. How complaints are processed according to the campus adjudication process for complaints of discrimination; and,
         4. The campus policies prohibiting retaliation against a person who chooses to report an incident of sex discrimination;
      4. Assist the Title IX coordinator in providing supportive measure to students; and,
      5. Assist a student who chooses to file a formal report with either law enforcement, the Title IX office, or both with the reporting process.
   2. Establish a role and designate a person by July 1, 2026, to serve as a confidential staff and faculty advocate to help employees who have experienced sexual harassment or sex discrimination on campus. The confidential staff and faculty advocate will do the following:
      1. Receive training on the campus nondiscrimination policy, campus collective bargaining agreements, and the proper procedures for filling compliant so sex discrimination or student misconduct on campus;
      2. After receiving permission from the staff or faculty, provide confidential emotional support and assistance to the staff or faculty;
      3. After receiving permission from the staff or faculty, inform them of their rights and options including the following:
         1. Provide confidential emotional support and assistance to the staff or faculty member;
         2. Inform the staff or faculty of the following:
            1. Where the staff or faculty can access campus resources such as psychological counseling, medical care, emergency housing, and transportation, as necessary;
            2. Campus policies on sexual harassment and the various reporting options available to the campus faculty; and,
            3. Campus policies prohibiting retaliation against a person who chooses to report an incident of sex discrimination;
         3. How complaints are processed according to the campus adjudication process for complaints of discrimination; and,
      4. Assist the staff or faculty who chooses to file a formal report with either law enforcement, the Title IX office, or both with the reporting process.
   3. Establish a role and designate a person by July 1, 2026, to serve as the confidential respondent services coordinator to work with students, staff, and faculty, who have been accused of sex discrimination, to provide confidential emotional support and assistance. The confidential respondent services coordinator will be familiar with the campus nondiscrimination policy, any rules or policies adopted by the public postsecondary education institution on the expectations or standards for behavior of students, faculty, or staff, and the proper procedures for filing a complaint of sex discrimination. The confidential respondent services coordinator will do the following:
      1. With permission from the respondent, provide emotional support and assistance to the respondent;
      2. With permission from the respondent, inform the respondent of the following:
         1. Rights provided to the respondent in the campus nondiscrimination policy;
         2. What transpires during the investigation and adjudication process;
         3. Where the respondent can access campus and community resources for psychological counseling, legal services, alternative housing, academic changes, and any other needs; and,
      3. Act as the student advisor provided by the public postsecondary education institution, as defined.
2. Clarifies the positions established in (1) of this analysis, are exempt from the requirements of a responsible employee, as enumerated in Education Code Section 66381.8; are independent from the Title IX office, as defined; and, are subject to supervision from the chief executive officer of the campus.
3. Permits a postsecondary education institution to do any of the following:
   1. Have the same person to fulfill the positions of a confidential student advocate and a confidential staff and faculty advocate; and,
   2. Have sexual assault and domestic violence counselors, described in Education Code Section 67385, to fulfill the position of confidential student advocate or the position of confidential staff and faculty advocate, or both.
4. Requires any of the confidential positions created by (1) of this analysis to require permission from either the student, staff, or faculty that they are assisting before disclosing the person’s identity or any information that could reasonably be expected to reveal their identity to either the postsecondary education institution or any other authority unless otherwise required by state or federal law.
   1. The above (4) of this analysis, is intended to maintain confidentiality, preserve any applicable privileges, as defined, and protect privacy of students, staff, or faculty alleging sex discrimination, and respondents accused of sex discrimination that receive assistance from the confidential positions enumerated in (1) above.
5. Clarifies, nothing will limit either party’s right of cross-examination of the confidential positions in (1) of this analysis in a criminal or civil proceeding if the confidential position of (1) testifies after written consent has been given by the individual they were assisting.
6. Defines for purposes of the measure:
   1. “Chief executive officer” to mean the president of a community college campus, or a CSU campus, or the chancellor of a UC campus;
   2. “Public postsecondary education institution” mean any campus of the CCC, CSU, or UC; and,
   3. “Supportive measures” means nondisciplinary, nonpunitive individualized measures offered by a public postsecondary educational institution to sex discrimination complainants or respondents without fee or charge to restore or preserve a party’s access to education programs or activities and providing support during the grievance procedures as established by the campus nondiscrimination policy.
7. Establishes, if the Commission on State Mandates determines that this bill contains cost mandated by the state, the state shall reimburse the applicable entities.

EXISTING LAW: Federal law.

1. Stipulates that 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).
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. Permits complainants and respondents to have advisors throughout 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. Defines “Sexual Harassment” as unwelcome sexual advances, requests 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 under the following conditions: quid pro quo, as defined, and hostile workplace, as defined. Further defines “Sexual Harassment” as sexual violence, sexual battery, and sexual exploitation, as defined (EDC Section 66262.5 and 212.5).
2. Requires the governing board of a community college district, the Trustees of the CSU, the Board of Directors of San Francisco Law School, and the Regents of the UC to adopt and implement a written procedure or protocols related to sexual assault or domestic violence, as provided. The protocol shall be reviewed and updated annually in collaboration with sexual assault and domestic violence counselors, and student, faculty, and staff representatives. Authorizes that sexual assault and domestic violence counselors at public colleges and universities be independent from the Title IX office and prohibits sexual assault and domestic violence counselors from releasing the identity of the victim without first obtaining specific permission (EDC Section 67385).

FISCAL EFFECT: Unknown.

COMMENTS: Author’s intent. As simplified by the author, “California’s colleges and universities are filled with extremely bright and dedicated students who come from around the world to study, conduct research, participate in athletics, and better their lives. At times their higher education experience presents them with challenges related to sexual harassment and sex discrimination. Many students and staff are not prepared to navigate these proceedings on their own. AB 2492 would provide students, faculty, and staff involved in Title IX adjudication processes a confidential advocate or respondent coordinator. These positions provide support to those navigating a Title IX hearing on both the complainant and the respondent side. California’s institutions of higher education must be equipped with resources that appropriately support their students, faculty, and staff during Title IX proceedings.”

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 has a section entitled “should colleges and universities have confidential advocates and respondent coordinator?” Below is an excerpt from the report:

“Confidential advocates provide a continuum of care for survivors and play an integral role in restoring educational equity after a discriminatory event. Confidential advocates are the key architect in building a blueprint for a survivor’s recovery as they are responsible for connecting the survivor with on- and off-campus resources to help facilitate healing after the alleged incident.

Addressing Gender-Based Violence on Campuses: Guide to a Comprehensive Model, establishes confidential advocates as the first line of action when it comes to helping survivors determine the next steps. In addition to connecting survivors to comprehensive care services, confidential advocates assist survivors in navigating the difficult choices of reporting in a manner that leaves the survivor empowered to choose what is best to meet their individual needs (Campus Technical Assistance and Resource Project). Confidential advocates provide trauma-informed, inclusive, emotional support by helping survivors connect with services such as access to health care and counseling.

Not Alone, the first report by the White House Task Force to Protect Students from Sexual Assault, determined a key best practice in responding effectively when a student is sexually assaulted, is for every campus to have a confidential victim advocate who can provide emergency and ongoing support to the survivor (The White House, 2014). The state of Texas goes a step further by not only requiring higher education institutions to have confidential advocates, but Texas also requires higher education institutions to employ students as confidential advocates to encourage reporting (Texas Higher Education Coordinating Board, 2023).

A task force created by the Massachusetts Board of Higher Education published a report with best practices for campus safety and violence prevention, which included a recommendation to provide support services to both survivors of sexual violence and those who are accused (Massachusetts Commissioner of Higher Education, 2016). Both parties will need help through the grievance process, and both may need access to support services such as counseling and academic support. The report also suggests the institutions examine the impact of the sex discrimination incident and offer confidential advocates to those impacted by the discriminatory incident; such as roommates, teammates, classmates, fraternity brothers or sorority sisters, friends, professors, coaches, and others who may have been impacted by having witnessed or learned of the incident (Massachusetts Commissioner of Higher Education, 2016).”

After highlighting the need for confidential advocates and resource coordinator, the report contained the following recommendation:

Campus Recommendation 3 – Require each campus of the CCC, CSU, and UC to hire at least one confidential advocate and one confidential respondent coordinator. The advocates and respondents shall be housed in an independent office and shall be confidential by every standard under the law. Campuses are encouraged to hire students, in addition to the required advocates as listed above, who shall be confidential advocates for their peer students and shall be trained and certified as confidential advocates to provide the campus community with peer-confidential resources.

AB 2492 (Irwin) seeks to implement of the above recommendation and to provide clarity on the roles and confidentiality exclusions each position is to have on campus.

Confidential advocates on CCC, CSU, and UC campus. The CCC does not have a systemwide policy on whether community colleges must have confidential advocates; therefore, each district is left to determine whether confidential advocates are necessary to respond to sex discrimination on campus. Research conducted by the Assembly Higher Education Committee found very few community colleges employ full-time confidential advocates.

According to the 2023 Title IX and Discrimination Harassment and Retaliation Assessment Systemwide Report by the law firm, Cozen O’Connor, every CSU campus except Cal Poly San Luis Obispo has at least one confidential advocates. The role of the confidential advocate on a CSU campus is to assist the complainant in understanding their rights, the grievance process, and connect the survivor to support services. The Cozen O’Connor report included whether a campus had a respondent coordinator and, at the time of publication of the Cozen O’Connor audit, very few had respondent services; however, the CSU Chancellor’s Office has confirmed campuses have begun to hire or designate individuals to assist respondents.

Each UC campus has a “Center for Advocacy, Resources, & Education” (CARE). Each center employs confidential advocates to provide emotional support to students and employees who have experienced sexual violence or harassment. The advocates employ trauma-informed practices to help provide support through access to services, mental health counseling, and advice regardless of whether the survivor wishes to report the incident or simply receive supportive services. In addition to advocates for survivors of sexual violence and sexual harassment, each UC campus has respondent service coordinators. The role of the respondent coordinator is to help subjects of a Title IX complaint understand their rights and the adjudication process. The respondent service coordinators are trained to help the respondent access campus and community resources, understand their rights, and navigate the grievance process. Unlike the confidential advocates, the respondent service coordinators are not confidential.

The below diagram are the number of confidential advocates and respondents per campus based on the CSU Cozen O’Connor report and UC campus-based websites:

Source: CSU Cozen O’Connor Report and UC campus websites.

In 2022, California passed AB 1467 (Cervantes), Chapter 556, Statute of 2022, which required; all sexual assault and domestic violence counselors to be independent from the Title IX office, required them to be trained in sexual assault counseling and advocacy, and required them to maintain confidential communications. Concerns have been raised by the California Coalition Against Sexual Assault in their report on “Student Safety, Justice, and Support” as to whether confidential advocates on campus are in fact confidential or hold the same level of confidentiality as counselors from a local rape crisis center. The same sections of California Evidence Code that apply to rape crisis centers now apply to sexual assault and domestic counselors; therefore the same level of confidentiality is afforded to the counselors on campus as is provided to those at a local rape crisis center.

The confidential advocates and confidential respondent positions created by AB 2492 (Irwin) would not have the same confidentiality privileges as those who are domestic violence or sexual assault counselors; but the bill does permit the domestic violence or sexual assault counselors to also be the confidential advocates for students, faculty, or staff.

Arguments in support. The California State Student Association expressed their support, by stating, “this bill aims to ensure that students have the option of having a confidential advocate or a confidential respondent services coordinator to accompany them during Title IX investigation and adjudication processes. We commend the diligent work undertaken by the committee as evidenced in the Call to Action Report. The report highlights significant deficiencies in addressing discrimination and inequitable treatment within the CSU system, issues that deeply trouble us. It is clear that substantial action is necessary to address these shortcomings. AB 2492, aligning with the fourth campus recommendation from the Call to Action Report, represents a crucial step forward in this regard. At present, public colleges and universities lack a systemwide policy to support students and staff during sexual harassment or sex discrimination hearings. AB 2492 seeks to remedy this by establishing a mechanism for individuals filing complaints to access trained, confidential advocates who can provide support, inform them of their rights, and explain reporting options. Similarly, individuals responding to complaints will have the option to engage with a confidential respondent services coordinator. Given the stressful and complex nature of Title IX hearings, AB 2492 ensures that students, staff, and faculty receive the necessary guidance and support.”

As articulated by the UC Student Association, “not all UCs currently have Confidential Staff and Faculty Advocates or Confidential Respondent Services Coordinators. These positions are crucial, for both students and staff and faculty. From testimony directly from UC CARE Office staff, UCSA has learned that when confidential advocates are expected to act as advocates for both students and staff and faculty simultaneously, which often happens with understaffed and overworked offices, they are put in an extremely uncomfortable and potentially illegal position. Often, students and staff and faculty motivations clash, and being expected to act as an advocate for opposing positions is impossible. It is vital that there is a separate position established for a Confidential Staff and Faculty Advocate at every CCC, CSU and UC campus.”

“The current lack of this position is telling in how institutions and universities treat their staff and faculty, expose them to situations which are extremely uncomfortable and potentially illegal, and expect them to advocate for themselves. We must note, the CCC and CSU do not have the same level of support in their offices, and likely do not have Confidential Student Advocates at every campus. The absence of these advocates can mean students do not have any resources they feel comfortable accessing after experiencing SVSH, due to the only resources available for them being non-confidential. Many student survivors do not feel comfortable and will never feel comfortable accessing non-confidential resources, as their lived experiences have made them distrustful of police and other reporting mechanisms, for very valid reasons. BIPOC and LGBTQ2+ students are at higher risk of SVSH, and also more likely to be distrustful of non-confidential resources, which means they are less likely to even pursue these resources, and more likely to never get any vital and necessary support.”

Committee comments. AB 2492 (Irwin) creates potentially three new confidential positions on campus. Concerns have been raised regarding the level of confidentiality these individuals will have on campus. The three positions are confidential from the perspective of the adjudication process on campus; but, these individuals would still be required under other mandatory reporting laws to report on sexual assault or other crimes. In 2022, California passed AB 1467 (Cervantes, Chapter 556, Statute of 2022), which required all sexual assault and domestic violence counselors to be independent from the Title IX office, required them to be trained in sexual assault counseling and advocacy, and required them to maintain confidential communications. The same sections of California Evidence Code that apply to rape crisis centers now apply to sexual assault and domestic counselors; therefore sexual assault and domestic counselors are not considered mandatory reporters and therefore can provide completely confidential support services to victims of sexual violence. AB 2492 (Irwin) confidential advocates for the faculty, staff and students could also be a sexual assault and domestic counselor; and therefore, could be fully confidential; however, the respondent coordinator under this law will not be fully confidential and will still be a mandatory reporter.

Committee Staff understand that the Author and the UC are in conversations regarding the definition of confidentiality, the scope of full confidentiality, and whether it should be mandated for all positions established by this measure.

To clarify the distinct role of the confidential advocates and their separation from the Title IX office and to addressing drafting errors, Committee Staff has suggested, and the Author has agreed, to the following amendments:

1. Amends 66281.10 subdivision (a), paragraph (1), subparagraph (C) to delete the language in clause (iii) to ensure the confidential advocates for students are separate and independent from the Title IX offices:

(iii) Assist the Title IX coordinator in providing supportive measures to the student.

1. Amends 66281.10 subdivision (a), paragraph (3), subparagraph (C), clause (iii), to include the appropriate cross reference:

(iii) Act as the student advisor provided by the public postsecondary educational institution pursuant to Section 66283.

1. Makes a technical and clarifying amendment to Section 66281.10 subdivision (b), paragraph (2):

(2) Independent from a Title IX office, including, being separate and distinct from a Title IX coordinator established pursuant to Sections.

1. Amends 66281.10 subdivision (f), paragraph (3) to delete the definition of “supportive measures” due to the amendment in (1) above:

(3) “Supportive measures” means nondisciplinary, nonpunitive individualized measures offered by a public postsecondary educational institution to sex discrimination complainants or respondents without fee or charge to restore or preserve a party’s access to education programs or activities and providing support during the grievance procedures as established by the campus nondiscrimination policy.

Related legislation.

1. AB 1575 (Irwin) of 2024, currently, pending a referral from Senate Rules Committee, authorizes students, who receive a disciplinary notification, the right to have an adviser of their choosing and requires postsecondary education institutions to provide trainings for the aforementioned adviser. This measure received a 10 – 0 vote when it was heard in Committee on January 09, 2024.

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 2492 (Irwin), 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 2047 (Mike Fong) of 2024, is scheduled to be heard in the Assembly Higher Education Committee on April 16, 2024. This measure would the CCC, CSU, and the UC to establish a systemwide Office of Civil Rights and requires the system to hire a systemwide Title IX coordinator.
7. AB 2048 (Mike Fong) 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 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.
8. 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..
9. 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.
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)
Safe Campuses Coalition
University of California Student Association

Opposition

None on file.

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

1. https://ahed.assembly.ca.gov/media/3122 ↑