BILL NUMBER: SB 967	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senators De León and Jackson
   (Principal coauthor: Assembly Member Lowenthal)
   (Coauthors: Senators Beall, Evans, Galgiani, Pavley, and Torres)
   (Coauthors: Assembly Members Gonzalez and Williams)

                        FEBRUARY 10, 2014

   An act to add Section 67386 to the Education Code, relating to
student safety.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 967, as introduced, De León. Student safety: sexual assault.
   Existing law, the Kristin Smart Campus Safety Act of 1998,
requires the governing boards of each community college district, the
Trustees of the California State University, the Regents of the
University of California, and the governing boards of independent
postsecondary institutions to adopt rules requiring each of their
respective campuses to enter into a written agreement with local law
enforcement agencies relating to certain violent crimes. Existing law
also requires those governing boards to adopt and implement written
procedures or protocols to ensure that students, faculty, and staff
who are victims of sexual assault on the grounds or facilities of
their institutions receive treatment and information, including a
description of on-campus and off-campus resources.
   This bill would require these governing boards to adopt policies
concerning campus sexual violence, domestic violence, dating
violence, and stalking that include certain elements, including an
affirmative consent standard in the determination of whether consent
was given by a complainant. The bill would require these governing
boards to adopt certain sexual assault policies and protocols, as
specified, and would require the governing boards, to the extent
feasible, to enter into memoranda of understanding or other
agreements with on-campus and community-based organizations to make
services available to victims. The bill would also require the
governing boards to implement comprehensive prevention programs
addressing sexual assault, domestic violence, dating violence, and
stalking. By requiring community college districts to adopt or modify
certain policies and protocols, 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 these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 67386 is added to the Education Code, to read:
   67386.  (a) The governing board of each community college
district, the Trustees of the California State University, the
Regents of the University of California, and the governing board of
independent postsecondary institutions, as defined in paragraph (3)
of subdivision (i) of Section 67381, shall adopt a policy concerning
campus sexual violence, domestic violence, dating violence, and
stalking that includes all of the following:
   (1) An affirmative consent standard in the determination of
whether consent was given by a complainant. "Affirmative consent" is
a freely and affirmatively communicated willingness to participate in
particular sexual activity or behavior, expressed either by words or
clear, unambiguous actions. It is the responsibility of the person
who wants to engage in the sexual activity to ensure that he or she
has the consent of the other person to engage in the sexual activity.
Lack of protest or resistance does not mean consent, nor does
silence mean consent. For that reason, relying solely on nonverbal
communication can lead to misunderstanding. The existence of a dating
relationship between the persons involved, or the fact of a past
sexual relationship, shall not provide the basis for an assumption of
consent. Consent must be present throughout sexual activity, and at
any time, a participant can communicate that he or she no longer
consents to continuing the sexual activity. If there is confusion as
to whether a person has consented or continues to consent to sexual
activity, it is essential that the participants stop the activity
until the confusion can be clearly resolved.
   (2) In the evaluation of complaints in the disciplinary process,
it shall not be a defense that the accused believed that the
complainant consented to the sexual activity under either of the
following circumstances:
   (A) The accused's belief in consent arose from the self-induced
intoxication or recklessness of the accused.
   (B) The accused did not take reasonable steps, in the
circumstances known to the accused at the time, to ascertain that the
complainant was consenting.
   (3) A preponderance of the evidence standard in the determination
of disciplinary action.
   (4) In the evaluation of complaints in the disciplinary process,
an individual under any of the following conditions is unable to
consent to the sexual activity:
   (A) Asleep or unconscious.
   (B) Incapacitated due to the influence of drugs, alcohol, or
medication.
   (C) Unable to communicate due to a mental or physical condition.
   (b) The governing board of each community college district, the
Trustees of the California State University, the Regents of the
University of California, and the governing board of independent
postsecondary institutions, as defined in paragraph (3) of
subdivision (i) of Section 67381, shall adopt detailed and
victim-centered sexual assault policies and protocols that comport
with best practices and current professional standards. At a minimum,
the policies and protocols shall cover all of the following:
   (1) A policy statement on how the institution will protect the
confidentiality of victims.
   (2) Initial officer response to a report of sexual assault,
including requirements specific to assisting the victim, evidence
collection, and the identification and location of witnesses.
   (3) Response to stranger and nonstranger sexual assault.
   (4) The preliminary victim interview, including the development of
a victim interview protocol, and a comprehensive followup victim
interview.
   (5) Contacting and interviewing the accused.
   (6) Medical forensic examinations and coordination with the
forensic examiner.
   (7) Participation of victim advocates.
   (8) Investigative considerations regarding alcohol- and
drug-facilitated sexual assault, including requirements specific to
evidence collection and forensic examination of victims.
   (9) The role of the institutional staff supervision.
   (10) Procedures for anonymous reporting of sexual assault.
   (c) To the extent feasible, the governing board of each community
college district, the Trustees of the California State University,
the Regents of the University of California, and the governing board
of independent postsecondary institutions, as defined in paragraph
(3) of subdivision (i) of Section 67381, shall enter into memoranda
of understanding, agreements, or similar partnerships with existing
on-campus and community-based organizations, including rape crisis
centers, to make services available to victims, including counseling,
health, mental health, victim advocacy, and legal assistance.
   (d) The governing board of each community college district, the
Trustees of the California State University, the Regents of the
University of California, and the governing board of independent
postsecondary institutions, as defined in paragraph (3) of
subdivision (i) of Section 67381, shall implement comprehensive
prevention programs addressing sexual violence, domestic violence,
dating violence, and stalking. A comprehensive prevention program
shall include a range of prevention strategies, including, but not
limited to, women's empowerment programming, awareness raising
campaigns, primary prevention, bystander intervention, and risk
reduction.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.