Existing law requires the governing boards of community college districts and the Trustees of the California State University, and requests the Regents of the University of California, to provide, as part of established campus orientations, educational and preventive information on sexual violence and sexual harassment. Existing law, beginning on September 1, 2024, and annually thereafter, requires the California Community Colleges, the California State University, and independent institutions of higher education and private postsecondary educational institutions that receive state financial assistance, and requests the University of California, to annually train students on sexual violence and sexual harassment, and requires that training to include certain topics, including common facts and myths about the causes of sexual violence and sexual harassment.

This bill would require the California Community Colleges, the California State University, and independent institutions of higher education and private postsecondary educational institutions that receive state financial assistance, and request the University of California, on or before September 1, 2026, and biennially thereafter, to consider updating the annual sexual violence and sexual harassment training for students. The bill would also require the annual sexual violence and sexual harassment training, beginning on September 1, 2026, to include additional topics, including how to recognize if someone is at risk of alcohol- and drug-facilitated sexual assault. 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 law requires the governing boards of community college districts and the Trustees of the California State University, and requests the Regents of the University of California, to provide, as part of established campus orientations, educational and preventive information on sexual violence and sexual harassment. Existing law, beginning on September 1, 2024, and annually thereafter, requires the California Community Colleges, the California State University, and independent institutions of higher education and private postsecondary educational institutions that receive state financial assistance, and requests the University of California, to annually train students on sexual violence and sexual harassment, and requires that training to include certain topics, including common facts and myths about the causes of sexual violence and sexual harassment.

This bill would require the California Community Colleges, the California State University, and independent institutions of higher education and private postsecondary educational institutions that receive state financial assistance, and request the University of California, on or before September 1, 2026, and biennially thereafter, to consider updating the annual sexual violence and sexual harassment training for students. The bill would also require the annual sexual violence and sexual harassment training, beginning on September 1, 2026, to include additional topics, including how to recognize if someone is at risk of alcohol- and drug-facilitated sexual assault. 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 law requires the governing boards of community college districts and the Trustees of the California State University, and requests the Regents of the University of California, to provide, as part of established campus orientations, educational and preventive information on sexual violence and sexual harassment. Existing law, beginning on September 1, 2024, and annually thereafter, requires the California Community Colleges, the California State University, and independent institutions of higher education and private postsecondary educational institutions that receive state financial assistance, and requests the University of California, to annually train students on sexual violence and sexual harassment, and requires that training to include certain topics, including common facts and myths about the causes of sexual violence and sexual harassment.

This bill would require the California Community Colleges, the California State University, and independent institutions of higher education and private postsecondary educational institutions that receive state financial assistance, and request the University of California, beginning on or before September 1, ____, 2026, and biennially thereafter, to consider updating the annual sexual violence and sexual harassment training for students. The bill would also require the annual sexual violence and sexual harassment training, beginning on September 1, ____, 2026, to include additional topics, including how to recognize if someone is at risk of alcohol- and drug-facilitated sexual assault. 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 law requires the governing boards of community college districts and the Trustees of the California State University, and requests the Regents of the University of California, to provide, as part of established campus orientations, educational and preventive information on sexual violence and sexual harassment. Existing law, beginning on September 1, 2024, and annually thereafter, requires the California Community Colleges, the California State University, and independent institutions of higher education and private postsecondary educational institutions that receive state financial assistance, and requests the University of California, to annually train students on sexual violence and sexual harassment, and requires that training to include certain topics, including common facts and myths about the causes of sexual violence and sexual harassment.

This bill would require the California Community Colleges, the California State University, and independent institutions of higher education and private postsecondary educational institutions that receive state financial assistance, and request the University of California, beginning on September 1, ____, and biennially thereafter, to consider updating the annual sexual violence and sexual harassment training for students. The bill would also require the annual sexual violence and sexual harassment training, beginning on September 1, ____, to include additional topics, including how to recognize if someone is at risk of drug-facilitated sexual assault. 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.

 CONSENT  

Bill No: AB 2608

Author: Gabriel (D) and Mike Fong (D), et al.

Amended: 4/18/24 in Assembly

Vote: 21

SENATE EDUCATION COMMITTEE: 7-0, 6/12/24

AYES: Newman, Ochoa Bogh, Cortese, Glazer, Gonzalez, Limón, Wilk

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 71-0, 5/16/24 (Consent) - See last page for vote

SUBJECT: Postsecondary education: sexual violence and sexual harassment: training

SOURCE: Generation Up

University of California Student Association

DIGEST:

This bill 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.

ANALYSIS:

Existing law:

1. Provides that, in part, "no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance." Enforcement of compliance is initiated upon the filing of a complaint alleging a violation of Title IX. (Title IX of the Education Amendments of 1972 to the 1964 Civil Rights Act)
   
2. Requires each educational institution in California (K-12 and postsecondary education) to have a written policy on sexual harassment, and requires schools to display the policy in a prominent location in the main administrative building or other area of the campus or schoolsite, be provided as part of any orientation program for new students, provided to each faculty member, administrative staff and support staff, and appear in any publication of the school that sets forth the rules, regulations, procedures, and standards of conduct.
   (Education Code (EC) § 231.5 and § 66281.5)
   
3. Requires the governing board of each community college district and the California State University (CSU) Trustees, and requests the University of California (UC) Regents, in collaboration with campus-based and community-based victim advocacy organizations, to provide educational and preventive information about sexual violence to students as part of established campus orientations, at all campuses of their respective segments.
   (EC § 67385.7)
   
4. Requires the California Community Colleges (CCCs), CSU, and independent institutions of higher education and private postsecondary educational institutions that receive state financial assistance, and requests UC, to annually train its students on sexual violence and sexual harassment (beginning on September 1, 2024). (EC § 67385.7)
   
5. Provides that institutions are not prevented from incorporating the training developed pursuant to # 4 from being integrated into existing trainings.
   (EC § 67385.7)

This bill:

1. Expands currently required annual training for students on sexual violence and sexual harassment, beginning on September 1, 2026, to also include the following topics:
   
   1. How to recognize if a person is at risk of alcohol- and drug-facilitated sexual assault, including, but not limited to, common symptoms following alcohol and drug consumption and intoxication. This topic is to include common facts and myths regarding alcohol- and drug-facilitated sexual assault.
      
   2. Effective measures that can be taken to prevent involuntary alcohol and drug consumption and ways to respond to circumstances where a person may be involuntarily intoxicated and at risk for alcohol- and drug-facilitated sexual assault.
      
   3. Information related to confidential support and care resources for situations that arise as a result of an act of sexual violence or sexual harassment, or both, including, but not limited to, contact information and the availability of confidential medical and transportation services, forensic examination sites, and, to the extent available, rape crisis centers on campus or within the surrounding community of the campus.
2. Requires the CCCs, CSU, independent institutions of higher education and private postsecondary educational institutions that receive state financial assistance, and requests UC, to consider updating the annual training by September 1, 2026, and every two years thereafter.
   
3. Defines “drugs” to include, but not be limited to, flunitrazepam, ketamine, and gamma hydroxybutyric acid, which is also known by other names, including, but not limited to, GHB, gamma hydroxyl butyrate, 4-hydroxybutyrate, 4-hydroxybutanoic acid, sodium oxybate, and sodium oxybutyrate.

Comments

1. Need for the bill. According to the author, “Pursuing higher education can help Californians gain financial stability and build a better future for themselves. However, the prevalence of sexual violence and harassment on college campuses continues to be a significant threat to students' ability to succeed professionally and academically and to their physical and mental health. Assembly Bill 2608 will strengthen preventative measures against sexual assault on college campuses by requiring critical updates to student trainings for institutions of higher education. This will ensure trainings provide students the resources they need to stay safe on campus and will contribute to promoting Title IX rights and awareness.”
   
2. Recent report on how postsecondary education institutions address sexual discrimination. 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. https://ahed.assembly.ca.gov/system/files/2024-02/a-call-to-action-report-2024_0.pdf
   
3. Training on campuses. In compliance with Violence Against Women Act of 2022 (federal law), all postsecondary education institutions who receive state or federal funding must at the very least offer students the opportunity to receive sexual violence training. AB 2683 (Gabriel, Chapter 798, Statutes of 2022) established the first statewide requirement for the CCC, CSU, independent institutions of higher education, and private postsecondary education institutions to provide annual training for students on sexual violence and sexual harassment prevention. This bill requires/requests institutions to consider updating the annual sexual violence and sexual harassment training for students every other year and requires the training to include additional topics.
   
   As noted in the Assembly Higher Education Committee’s analysis:
   
   1. Currently, CCC campuses offer the training as part of their orientation to students. Orientation at the CCC is not mandatory and, therefore, unless a student elects to attend orientation, they may never receive sexual violence prevention training while they are enrolled at a CCC.
      
   2. The current systemwide policy at the CSU requires each campus to offer a prevention education program that includes bystander intervention, reporting, and support services. The training also includes discussions of confidentiality, campus administrative processes for reporting, procedures of how to report to law enforcement, civil and criminal processes, and campus/community based support resources. All new and continuing CSU students must complete an annual online training on preventing sexual violence and sexual harassment.
      
   3. At the UC, all students are required to take sexual violence prevention and intervention training and education annually. Incoming students are required to take the education and training program within their first six weeks of class. The curriculum for the trainings include definitions of sexual violence, attitudes and beliefs that normalize violence, bystander intervention, how one is to respond to sexual violence using methods that acknowledge the impact of violence and trauma on survivor’s lives, local resources for survivors, the rights of a survivor, and the options available to them to report the sexual violence.
      
   4. At independent California universities, the federal and state requirements apply if the institution receives federal or state financial assistance including Pell Grants or Cal Grants for students attending the institution. At the University of Southern California, the “Relationship and Sexual Violence Prevention Services” is an annual required training for all first and second year undergraduate students on affirmative consent and healthy relationships. Azusa Pacific University offers an online training program, “Haven – Understanding Sexual Assault,” to every incoming student. At Stanford University, incoming undergraduates receive an online “Beyond Sex Ed: Consent and Sexuality at Stanford program” at orientation and continuing undergraduates receive an expanded program that builds upon the program listed above.

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

SUPPORT: (Verified 6/21/24)

Generation Up (co-source)

University of California Student Association (co-source)
Office of Lieutenant Governor Eleni Kounalakis
American Association of University Women - California
California Faculty Association
California State University Employees Union
California State University, Office of the Chancellor
Cal State Student Association
Faculty Association of California Community Colleges
Ignite
SAFE Campuses Coalition
University of California
Youth Power Project

OPPOSITION: (Verified 6/21/24)

None received

ASSEMBLY FLOOR: 71-0, 5/16/24

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

NO VOTE RECORDED: Addis, Alvarez, Cervantes, Megan Dahle, Flora, Vince Fong, Gipson, Irwin, Mathis

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

6/25/24 13:08:31

**** END ****

SENATE COMMITTEE ON EDUCATION

Senator Josh Newman, Chair

2023 - 2024 Regular

Bill No: Hearing Date: June 12, 2024

Subject:

SUMMARY

This bill 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.

BACKGROUND

Existing law:

1. Provides that, in part, "no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance." Enforcement of compliance is initiated upon the filing of a complaint alleging a violation of Title IX. (Title IX of the Education Amendments of 1972 to the 1964 Civil Rights Act)
   
2. Requires each educational institution in California (K-12 and postsecondary education) to have a written policy on sexual harassment, and requires schools to display the policy in a prominent location in the main administrative building or other area of the campus or schoolsite, be provided as part of any orientation program for new students, provided to each faculty member, administrative staff and support staff, and appear in any publication of the school that sets forth the rules, regulations, procedures, and standards of conduct.
   (Education Code (EC) § 231.5 and § 66281.5)
   
3. Requires the governing board of each community college district and the California State University (CSU) Trustees, and requests the University of California (UC) Regents, in collaboration with campus-based and community-based victim advocacy organizations, to provide educational and preventive information about sexual violence to students as part of established campus orientations, at all campuses of their respective segments.
   (EC § 67385.7)
   
4. Requires the California Community Colleges (CCCs), CSU, and independent institutions of higher education and private postsecondary educational institutions that receive state financial assistance, and requests UC, to annually train its students on sexual violence and sexual harassment (beginning on September 1, 2024). (EC § 67385.7)
   
5. Provides that institutions are not prevented from incorporating the training developed pursuant to # 4 from being integrated into existing trainings.
   (EC § 67385.7)

ANALYSIS

This bill:

1. Expands currently required annual training for students on sexual violence and sexual harassment, beginning on September 1, 2026, to also include the following topics:
   
   1. How to recognize if a person is at risk of alcohol- and drug-facilitated sexual assault, including, but not limited to, common symptoms following alcohol and drug consumption and intoxication. This topic is to include common facts and myths regarding alcohol- and drug-facilitated sexual assault.
      
   2. Effective measures that can be taken to prevent involuntary alcohol and drug consumption and ways to respond to circumstances where a person may be involuntarily intoxicated and at risk for alcohol- and drug-facilitated sexual assault.
      
   3. Information related to confidential support and care resources for situations that arise as a result of an act of sexual violence or sexual harassment, or both, including, but not limited to, contact information and the availability of confidential medical and transportation services, forensic examination sites, and, to the extent available, rape crisis centers on campus or within the surrounding community of the campus.
2. Requires the CCCs, CSU, independent institutions of higher education and private postsecondary educational institutions that receive state financial assistance, and requests UC, to consider updating the annual training by September 1, 2026, and every two years thereafter.
   
3. Defines “drugs” to include, but not be limited to, flunitrazepam, ketamine, and gamma hydroxybutyric acid, which is also known by other names, including, but not limited to, GHB, gamma hydroxyl butyrate, 4-hydroxybutyrate, 4-hydroxybutanoic acid, sodium oxybate, and sodium oxybutyrate.

STAFF COMMENTS

1. Need for the bill. According to the author, “Pursuing higher education can help Californians gain financial stability and build a better future for themselves. However, the prevalence of sexual violence and harassment on college campuses continues to be a significant threat to students' ability to succeed professionally and academically and to their physical and mental health. Assembly Bill 2608 will strengthen preventative measures against sexual assault on college campuses by requiring critical updates to student trainings for institutions of higher education. This will ensure trainings provide students the resources they need to stay safe on campus and will contribute to promoting Title IX rights and awareness.”
   
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
   
3. Training on campuses. In compliance with Violence Against Women Act of 2022 (federal law), all postsecondary education institutions who receive state or federal funding must at the very least offer students the opportunity to receive sexual violence training. AB 2683 (Gabriel, Chapter 798, Statute of 2022) established the first statewide requirement for the CCC, CSU, independent institutions of higher education, and private postsecondary education institutions to provide annual training for students on sexual violence and sexual harassment prevention. This bill requires/requests institutions to consider updating the annual sexual violence and sexual harassment training for students every other year and requires the training to include additional topics.
   
   As noted in the Assembly Higher Education Committee’s analysis:
   
   1. Currently, CCC campuses offer the training as part of their orientation to students. Orientation at the CCC is not mandatory and, therefore, unless a student elects to attend orientation, they may never receive sexual violence prevention training while they are enrolled at a CCC.
      
   2. The current systemwide policy at the CSU requires each campus to offer a prevention education program that includes bystander intervention, reporting, and support services. The training also includes discussions of confidentiality, campus administrative processes for reporting, procedures of how to report to law enforcement, civil and criminal processes, and campus/community based support resources. All new and continuing CSU students must complete an annual online training on preventing sexual violence and sexual harassment.
      
   3. At the UC, all students are required to take sexual violence prevention and intervention training and education annually. Incoming students are required to take the education and training program within their first six weeks of class. The curriculum for the trainings include definitions of sexual violence, attitudes and beliefs that normalize violence, bystander intervention, how one is to respond to sexual violence using methods that acknowledge the impact of violence and trauma on survivor’s lives, local resources for survivors, the rights of a survivor, and the options available to them to report the sexual violence.
      
   4. At independent California universities, the federal and state requirements apply if the institution receives federal or state financial assistance including Pell Grants or Cal Grants for students attending the institution. At the University of Southern California, the “Relationship and Sexual Violence Prevention Services” is an annual required training for all first and second year undergraduate students on affirmative consent and healthy relationships. Azusa Pacific University offers an online training program, “Haven – Understanding Sexual Assault,” to every incoming student. At Stanford University, incoming undergraduates receive an online “Beyond Sex Ed: Consent and Sexuality at Stanford program” at orientation and continuing undergraduates receive an expanded program that builds upon the program listed above.
      
4. Fiscal impact. According to the Assembly Appropriations Committee, this bill would impose the following costs:
   
   1. Minor and absorbable General Fund costs to CSU and UC to consider updates and include additional topics in existing training.
      
   2. Minor and absorbable Proposition 98 General Fund costs to CCC to consider updates and include additional topics in existing training.
      
5. Related legislation.
   
   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 12, 2024.
   
   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 scheduled to be heard in this committee on June 12, 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 scheduled to be heard in this committee on June 12, 2024.
   
   AB 2492 (Irwin, 2024) requires each public postsecondary education institution to establish specified positions and designate at least one person to fulfill each position, including a confidential student advocate, a confidential staff and faculty advocate, and a confidential respondent services coordinator. AB 2492 is scheduled to be heard in this committee on June 19, 2024.
   
   AB 2326 (Alvarez, 2024) recasts and modifies statutes that specify which individual or office within each public higher education segment is responsible for ensuring campus programs are free from discrimination, and who has the authority to oversee and monitor compliance with state and federal laws related to anti-discrimination, specifically including sexual harassment. AB 2326 is scheduled to be heard in this committee on June 12, 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.
   
   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 pending in the Assembly Higher Education Committee.

SB 1166 (Dodd, 2024) (1) expands the scope of a currently-required CSU report containing a summation of the activities undertaken by each campus and by the systemwide Title IX office to also include outcomes of appeals, a list of personnel who are exempt from being a “responsible employee,” and a yet-to-be-developed annual report that compiles campus-based evaluations of how sex discrimination is addressed on campuses; and, (2) requests the UC and requires each community college district to also submit this report. SB 1166 is pending in the Assembly Higher Education 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 pending in the Senate Judiciary Committee.

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 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 scheduled to be heard in this committee on June 12, 2024.

AB 2048 (Mike Fong, 2024) requires the Chancellor of the CCCs to convene a community college sexual harassment and Title IX working group to review policies and procedures, determine if existing district policies and procedures are adequate, determine to what extent a systemwide model of compliance would best assist community colleges, and review and determine if the CCC Chancellor’s Office is effective in its duty to monitor community colleges for their compliance with state and federal laws pertaining to sexual harassment.

AB 2048 is scheduled to be heard in this committee on June 19, 2024.

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 scheduled to be heard in this committee on June 12, 2024.

SUPPORT

Generation Up (Co-Sponsor)
Office of Lieutenant Governor Eleni Kounalakis

American Association of University Women - California
Cal State Student Association
California Faculty Association
California State University Employees Union
California State University, Office of the Chancellor
Faculty Association of California Community Colleges
Ignite
SAFE Campuses Coalition
University of California
Youth Power Project

OPPOSITION

None received

-- END --

Date of Hearing: May 8, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 2608

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

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

SUMMARY:

This bill, by September 1, 2026, requires California Community Colleges (CCC), the California State University (CSU), and independent institutions of higher education and private postsecondary educational institutions that receive state financial assistance, and requests the University of California (UC), to (1) consider updating the annual sexual violence and sexual harassment training for students every other year, and (2) include in the annual sexual violence and sexual harassment training additional topics, including on prevention of drug- or alcohol induced sexual assault to be added to training.

FISCAL EFFECT:

1. Minor and absorbable General Fund costs to CSU and UC to consider updates and include additional topics in existing training.
2. Minor and absorbable Proposition 98 General Fund costs to CCC to consider updates and include additional topics in existing training.

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:

The prevalence of sexual violence and harassment on college campuses today is a significant threat to students' ability to succeed professionally and academically and to their physical and mental health. AB 2608 will strengthen preventative measures against sexual assault on college campuses by requiring critical updates to student trainings for institutions of higher education. This will ensure trainings provide students the resources they need to stay safe on campus and will contribute to promoting Title IX rights and awareness.

1. Background. AB 2683 (Gabriel), of the 2021-22 Legislative Session, requires, beginning on September 1, 2024, and annually thereafter, CCC, CSU, and independent institutions of higher education and private postsecondary educational institutions that receive state financial assistance, and requests the UC, to annually train students on sexual violence and sexual harassment.

This bill asks institutions of higher education to consider updating the annual sexual violence and sexual harassment training for students every other year and requires the training to include additional topics.

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 2608 (

Author:Gabriel) – As Introduced Ver:February 14, 2024

SUBJECT: Postsecondary education: sexual violence and sexual harassment: training

SUMMARY: Updates existing sexual violence and sexual harassment prevention training for students to include training on drug-facilitated sexual assault, as defined and requires the California Community Colleges (CCC), the California State University (CSU), and the University of California (UC) to consider updating the sexual violence and sexual harassment prevention training for students every two years, beginning on September 1. Specifically, this bill:

1. Permits the CCC, CSU, and UC, beginning on September 1, and every two years thereafter, to consider updating the sexual violence and sexual harassment training provided to students every year.
2. Requires by September 1, the annual sexual violence and sexual harassment training provided to students on CCC, CSU, and UC campuses to include the following topics:
   1. How to recognize if a person is at risk of drug-facilitated sexual assault, including the common symptoms following drug consumption and intoxication, common myths and facts regarding drug-facilitated sexual assault;
   2. Effective measures that can be taken to prevent involuntary drug consumption and ways to respond to circumstances where a person may be involuntarily intoxicated or at risk for drug-facilitated sexual assault; and,
   3. Information related to confidential support and care resources for emergency situations that arise as a result of an act of sexual violence or sexual harassment or both, including, but not limited to, information on medical and transportation services, forensic examination sites, and to the extent available, rape crisis centers on campus or within the surrounding community for the campus.
3. Makes technical and conforming changes.

EXISTING LAW:

1. Mandates, by September 1, 2024, for the California Community Colleges (CCC), the California State University (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. Requests the UC to provide the same aforementioned annual training to students (Education Code (EDC) Section 67385.7).
2. Defines sexual harassment and sexual violence as the following:
   1. “Sexual harassment” as sexual battery, sexual violence, sexual exploitation, and unwelcomed sexual advances request for sexual favors and other verbal, visual, or physical conduct of a sexual nature made by someone from or in the work or educational setting in which specific conditions are met. Clarifies sexual harassment of students is a form of sex discrimination prohibited by the Equity in Higher Education Act; and,
   2. “Sexual violence” as a physical sexual act perpetrated against a person without the affirmed consent of the survivor, as defined. Physical sexual acts include rape, sexual batter, sexual exploitation, prostituting another person, trafficking another person, recording images of the person during the act without consent, distributions of said images without consent, or viewing a person’s intimate moments in which privacy is expected without consent, as defined (EDC Section 66262.5).

FISCAL EFFECT: Unknown

COMMENTS: Author’s intent. As disclosed by the author, “Attending an institution of higher education is one of the most effective tools for Californians to achieve financial security and build their future. Our state must confront roadblocks and challenges that could complicate students' ability to succeed or cause them significant harm while working towards an education. The prevalence of sexual violence and harassment on college campuses today is a significant threat to students' ability to succeed professionally and academically and to their physical and mental health. AB 2608 will strengthen preventative measures against sexual assault on college campuses by requiring critical updates to student trainings for institutions of higher education. This will ensure trainings provide students the resources they need to stay safe on campus and will contribute to promoting Title IX rights and awareness.”

As further explained by the author, “AB 2608 will strengthen preventative measures against sexual assault on college campuses by requiring critical updates to student trainings for institutions of higher education. These updates include:

1. How to recognize if a person is at risk of drug-facilitated sexual assault, including common symptoms following drug consumption and intoxication.
2. Effective measures can be taken to prevent involuntary drug consumption and ways to respond to circumstances where a person may be involuntarily intoxicated and at risk of drug-facilitated sexual assault.
3. As part of the topic covered relating to common facts and myths about the causes of sexual violence and sexual harassment, include common facts and myths regarding drug-facilitated sexual assault.
4. Information related to confidential support and care resources for emergency situations that arise because of an act of sexual violence or sexual harassment, or both, including, but not limited to, contact information and the availability of confidential medical and transportation services, forensic examination sites, and, to the extent available, rape crisis centers on campus or within the surrounding community of the campus.
5. A requirement for the CSUs, CCCs, and other post-secondary/higher education institutions, and request for the UCs, to consider updates to the training every two years.”

By providing this information to students during their annual training, students will be well prepared to handle situations where drug-facilitated sexual assault might occur and victims will know a wider array of resources they can use with and without anonymity.”

Sexual assault on postsecondary education institutions. In 2020, the Association of American Universities published the results of two surveys conducted in 2015 and in 2019 which examined the prevalence of sexual assault and misconduct at colleges and universities throughout the United States. The surveys found the following:

• The rate of nonconsensual sexual contact by physical force or inability to consent for undergraduate women ranged from 14% to 32%;
• The rate of nonconsensual sexual contact by physical force or inability to consent increased from 2015 to 2019 by 3% for undergraduate women and by 2.4% for undergraduate men.
• Among all students 41.8% reported experiencing at least one sexually harassing behavior since enrolling in college.
• 37.1% of students felt they were very or extremely knowledgeable about the definition of sexual assault and where to get help, but only 31.5% felt they knew how to report it.

In January 2016, under the direction of the Obama Administration, the Bureau of Justice Statistics Research and Development Series published a report based which contained data from campus climate surveys conducted on university campuses throughout the United States^[1]. The report contained the following data elements:

1. One in five women and one in 14 men experienced sexual assault while in college;
2. one in four transgender students and more than one in three bisexual students experienced sexual assault while in college; and,
3. In 59% of incidents of rape and in 58% of incidents of sexual battery, the survivor was under the influence of alcohol or drugs.

In January 2012, the U.S. Department of Justice’s Office for Victims of Crimes, Office on Violence Against Women, and Office of Community Orientated Policing Services in partnership with various entities, hosted a forum to discuss how to prevent and address campus sex crimes. In the report following the forum, a general best practice was determined that providing education for students, faculty, and staff on sex crimes specifically on the definition and circumstances in which an individual would be not consenting was tool to be used to prevent sex crimes on campus.^[2]

Consent. SB 967 (De León), Chapter 748, Statutes of 2014, required the CCC, CSU, UC, and California independent colleges and universities to adopt a policy concerning campus sexual violence, domestic violence, dating, violence, and stalking that included an affirmative consent standard.

The affirmative consent standard enumerated in EDC Section 67386 includes that a person is unable to give consent if the person is asleep or unconscious, is incapacitated duet to the influence of drugs, alcohol, or medication, and the complainant was unable to communicate due to mental health or physical conditions. The policy required by the code does not include a requirement for an outreach or dissemination plan for the policies; however it is understood the policy is part of trainings and educational programming material provided to students for the purpose of preventing sexual violence and sexual assaults on campus.

Current status of sexual harassment and sexual violence training on postsecondary campuses. In compliance with Violence Against Women Act of 2022 (federal law), all postsecondary education institutions who receive state or federal funding must at the very least offer students the opportunity to receive sexual violence training. AB 2683 (Gabriel), Chapter 798, Statute of 2022, established the first statewide requirement for the CCC, CSU, independent institutions of higher education, and private postsecondary education institutions to provide annually training for students on sexual violence and sexual harassment prevention.

The CCC has until September 1, 2024 to implement AB 2683 (Gabriel). Currently, at the CCC, campuses offer the training as part of their orientation to students. Orientation at the CCC is not mandatory and, therefore, unless a student elects to attend orientation they may never receive sexual violence prevention training while they are enrolled at a CCC. The current system wide policy at the CSU requires each campus to offer a prevention education program that includes bystander intervention, reporting, and support services. The training also includes discussions of confidentiality, campus administrative processes for reporting, procedures of how to report to law enforcement, civil and criminal processes, and campus/community based support resources.

All new and continuing CSU students must complete an annual online training on preventing sexual violence and sexual harassment. At the UC, all students are required to take sexual violence prevention and intervention training and education annually. Incoming students are required to take the education and training program within their first six weeks of class. The curriculum for the trainings include definitions of sexual violence, attitudes and beliefs that normalize violence, bystander intervention, how one is to respond to sexual violence using methods that acknowledge the impact of violence and trauma on survivor’s lives, local resources for survivors, the rights of a survivor, and the options available to them to report the sexual violence.

At independent California universities the federal and state requirements apply if the institution receives federal or state financial assistance including Pell Grants or Cal Grants for students attending the institution. At the University of Southern California, the Relationship and Sexual Violence Prevention Services is an annual required training for all first and second year undergraduate students on affirmative consent and healthy relationships. Azusa Pacific University offers an online training program “Haven – Understanding Sexual Assault” to every incoming students. At Stanford University, incoming undergraduates receive an online “Beyond Sex Ed: Consent and Sexuality at Stanford program” at orientation and continuing undergraduates receive an expanded program that builds upon the program listed above.

Arguments in support. As explained by the UC Student Association, “currently, involuntary drug consumption and intoxication remains a pervasive issue related to sexual violence on college campuses. According to a study published in the Psychology of Violence journal in the American Psychology Association, 1 in 13 students reported being drugged (462 students in 539 incidents), and 83 students reported 172 incidents in which they had or knew someone who had drugged another student. However, drug-facilitated sexual violence is often not sufficiently understood by students, including the effects, how to tell if someone is at risk of drug-facilitate sexual violence, and the resources someone at risk might need. State-established framework for trainings do not have requirements to provide information regarding drug-facilitated sexual violence.”

“Additionally, survivors of SVSH are often hesitant to report because of a variety of factors, including fear of repercussions/reprisal, belief that UCPD and/or Title IX will not effectively address the situation, not being aware of other resources available to them, among other reasons. Many survivors explicitly do not want to report to a mandated reporter, because they do not want their experience of SVSH to be handled by Title IX, seeing how other survivors have been treated by the system. Currently, the state-established SVSH training framework does not require that resources are identified as confidential/non confidential, specific information about when a mandated reporter is required to report, etc. Without this information, student survivors are often left confused about who exactly is a mandated reporter and what they are required to report, which can lead to situations where student survivors disclose to a trusted peer, such as a TA, a student tutor, etc, and without prior information, their peer is required to report the incident that was disclosed to them. This can lead to situations of distrust or feelings of betrayal for survivors who already are experiencing the negative effects of SVSH.”

“AB 2608 would require critical updates to post-secondary education SVSH trainings. The updates will include information related to signs, symptoms, and prevention of drug-facilitated sexual violence and harassment. Specifically, the training will also be required to include how to identify if someone is at risk of drug-facilitated sexual violence, common facts and myths regarding drug-facilitate sexual violence and where to seek care for related circumstances. The training will also include information related to confidential support and care resources for victims of sexual violence and/or sexual harassment.”

Committee comments. Recent research, “Exploring the Potential Campus-Level Impact of Online Universal Sexual Assault Prevention Education,” found that “population-level intervention for all first-year college students, the prevention course can foster accurate perceptions of positive social norms, increase empathy, and support victims, and increase students’ stated ability and intention to intervene.”^[3] The prevention trainings are having the intended effect and therefore, expanding them to include a section informing students of drug-facilitated sexual assaults will increase awareness and potentially decrease incidents across campuses.

To provide a specific implementation date, include alcohol-induced sexual assault, and to define drug for purpose of narrowing the scope to common date rape drugs, Committee Staff has suggested, and the Author has agreed, to the following amendments:

1. Amends Section 67385.7, subdivision (d), paragraph (1) to add the date of September 1, 2026 as to when the higher education institutions must begin to consider whether they will update their annual trainings:

(d) (1) Beginning on September 1, 2024, and each year thereafter, the California Community Colleges, the California State University, independent institutions of higher education that receive state financial assistance, and private postsecondary educational institutions that receive state financial assistance shall, and the University of California is requested to, annually train its students on sexual violence and sexual harassment, and beginning on September 1, 2026, and every two years thereafter, consider updating the annual training.

1. Amends Section 67385.7, subdivision (d), paragraph (4) to include the date of September 1, 2026 for when the higher education institutions must include educational materials on drug-facilitated sexual assault as part of their annual training.

(4) Beginning on September 1, 2026 the annual training for students established in paragraph (1) shall cover all of the following topics:

1. Amends Section 67385.7, subdivision (d), paragraph (4), subparagraphs (A) – (D) as follows:

(A) How to recognize if a person is at risk of alcohol and drug-facilitated sexual assault, including, but not limited to, common symptoms following drug consumption and intoxication.

(B) Effective measures that can be taken to prevent involuntary alcohol and drug consumption and ways to respond to circumstances where a person may be involuntarily intoxicated and at risk for alcohol and drug-facilitated sexual assault.

(C) As part of the topic covered pursuant to subparagraph (A) of paragraph (3), common facts and myths regarding alcohol and drug-facilitated sexual assault.

(D) Information related to confidential support and care resources for emergency situations that arise as a result of an act of sexual violence or sexual harassment, or both, including, but not limited to, contact information and the availability of confidential medical and transportation services, forensic examination sites, and, to the extent available, rape crisis centers on campus or within the surrounding community of the campus.

1. Adds to Section 67385.7, subdivision (g), paragraph (5) to provide a definition of “drugs”:

(5) “Drugs” includes, but is not limited to, flunitrazepam, ketamine, and gamma hydroxybutyric acid, which is also known by other names, including, but not limited to, GHB, gamma hydroxyl butyrate, 4-hydroxybutyrate, 4-hydroxybutanoic acid, sodium oxybate, and sodium oxybutyrate.

Related legislation. In response to the recommendations put forth by the Assembly Higher Education Committee, 12 bills by 11 different authors were introduced. In addition to AB 2608 (Gabriel), 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 2492 (Irwin) of 2024, is scheduled to be heard in the Assembly Higher Education Committee on April 16, 2024, and would require each public postsecondary education institution to establish the positions of a confidential student advocate, a confidential staff and faculty advocate, and a confidential respondent services coordinator.
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 Faculty Association
California Federation of Teachers Afl-cio
California State University Employees Union (CSUEU)
Equal Rights Advocates
Faculty Association of California Community Colleges
Ignite
University of California Student Association
Valorcalifornia / Valorus
Voices for Progress

Opposition

None on file.

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

1. Campus Climate Survey Validation Study Final Technical Report (ojp.gov) ↑

2. Promoting Effective Criminal Investigations of Campus Sex Crimes (ojp.gov) ↑

3. https://pubmed.ncbi.nlm.nih.gov/29577841/#:~:text=These%20findings%20suggest%20that%20when,ability%20and%20intention%20to%20intervene. ↑