Amended in Senate March 27, 2014

Senate BillNo. 967


Introduced by Senators De León and Jackson

(Principal coauthor: Assembly Member Lowenthal)

(Coauthors: Senators Beall,begin insert Cannella,end insert Evans, Galgiani,begin insert Monning,end insert Pavley,begin delete and Torresend deletebegin insert Torres, Wolk, and Yeeend insert)

(Coauthors: Assembly Membersbegin insert Ammiano, Fong,end insert Gonzalezbegin insert, Quirk-Silva, Skinner, Ting,end insert 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 amended, De León. Student safety: sexual assault.

Existingbegin delete law, the Kristin Smart Campus Safety Act of 1998,end deletebegin insert lawend insert 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 institutionsbegin delete 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 boardsend delete 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 requirebegin delete theseend deletebegin insert theend insert governing boardsbegin insert 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 that receive public funds for student financial assistanceend insert 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 agreementsbegin insert or less formal partnershipsend insert with on-campus and community-based organizations tobegin insert refer victims for assistance orend insert 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:

P2    1

SECTION 1.  

Section 67386 is added to the Education Code,
2to read:

3

67386.  

(a) The governing board of each community college
4district, the Trustees of the California State University, the Regents
5of the University of California, and the governingbegin delete boardend deletebegin insert boardsend insert
6 of independent postsecondarybegin delete institutions, as defined in paragraph
7(3) of subdivision (i) of Section 67381,end delete
begin insert institutions that receive
8public funds for student financial assistanceend insert
shall adopt a policy
9concerning campus sexual violence, domestic violence, dating
10violence, and stalking that includes all of the following:

11(1) An affirmative consent standard in the determination of
12whether consent was given by a complainant. “Affirmative
13consent” is a freely and affirmatively communicated willingness
P3    1to participate in particular sexual activity or behavior, expressed
2either by words or clear, unambiguous actions. It is the
3responsibility of the person who wants to engage in the sexual
4activity to ensure that he or she has the consent of the other person
5to engage in the sexual activity. Lack of protest or resistance does
6not mean consent, nor does silence mean consent. For that reason,
7relying solely on nonverbal communication can lead to
8misunderstanding. The existence of a dating relationship between
9the persons involved, or the fact of a past sexual relationship, shall
10not provide the basis for an assumption of consent. Consent must
11be present throughout sexual activity, and at any time, a participant
12can communicate that he or she no longer consents to continuing
13the sexual activity. If there is confusion as to whether a person has
14consented or continues to consent to sexual activity, it is essential
15that the participants stop the activity until the confusion can be
16clearly resolved.

17(2)  begin deleteIn the evaluation of complaints in the disciplinary process,
18it shall not be a defense that the accused end delete
begin insertA provision specifying
19that a claim by the accused that he or she end insert
believed that the
20complainant consented to the sexual activitybegin insert shall not be
21consideredend insert
under either of the following circumstances:

22(A) The accused’s belief in consent arose from the self-induced
23intoxication or recklessness of the accused.

24(B) The accused did not take reasonable steps, in the
25circumstances known to the accused at the time, to ascertain that
26the complainant was consenting.

27(3) A preponderance of the evidence standard in the
28determination of disciplinary action.

29(4) In the evaluation of complaints in the disciplinary process,
30an individual under any of the following conditions is unable to
31consent to the sexual activity:

32(A) Asleep or unconscious.

33(B) Incapacitated due to the influence of drugs, alcohol, or
34medication.

35(C) Unable to communicate due to a mental or physical
36condition.

37(b) The governing board of each community college district,
38the Trustees of the California State University, the Regents of the
39University of California, and the governingbegin delete boardend deletebegin insert boardsend insert of
40independent postsecondarybegin delete institutions, as defined in paragraph
P4    1(3) of subdivision (i) of Section 67381,end delete
begin insert institutions that receive
2public funds for student financial assistanceend insert
shall adopt detailed
3and victim-centered sexual assault policies and protocols that
4comport with best practices and current professional standards. At
5a minimum, the policies and protocols shall cover all of the
6following:

7(1) A policy statement on how the institution will protect the
8confidentiality ofbegin delete victims.end deletebegin insert individuals involved in the incident.end insert

9(2) Initialbegin delete officerend delete responsebegin insert by the institution’s personnel end insert to a
10report of sexual assault, including requirements specific to assisting
11the victim,begin delete evidence collection,end deletebegin insert providing information in writing
12about the importance of preserving evidence,end insert
and the identification
13and location of witnesses.

14(3) Response to stranger and nonstranger sexual assault.

15(4) The preliminary victim interview, including the development
16of a victim interview protocol, and a comprehensive followup
17victim interview.

18(5) Contacting and interviewing the accused.

begin delete

19(6) Medical forensic examinations and coordination with the
20forensic examiner.

end delete
begin insert

21(6) Providing written notification to the victim about the
22availability of, and contact information for, on- and off-campus
23resources and services, and coordination with law enforcement,
24as appropriate.

end insert

25(7) Participation of victim advocates.

begin delete

26(8) Investigative considerations regarding alcohol- and
27drug-facilitated sexual assault, including requirements specific to
28evidence collection and forensic examination of victims.

end delete
begin insert

29(8) Investigating allegations that alcohol or drugs were involved
30in the incident.

end insert

31(9) The role of the institutional staff supervision.

32(10) Procedures for anonymous reporting of sexual assault.

33(c) To the extent feasible, the governing board of each
34community college district, the Trustees of the California State
35University, the Regents of the University of California, and the
36governingbegin delete boardend deletebegin insert boardsend insert of independent postsecondarybegin delete institutions,
37as defined in paragraph (3) of subdivision (i) of Section 67381,end delete

38begin insert institutions that receive public funds for student financial assistanceend insert
39 shall enter into memoranda of understanding, agreements, or
40begin delete similar end deletebegin insert less formal end insertpartnerships with existing on-campus and
P5    1community-based organizations, including rape crisis centers, to
2begin insert refer victims for assistance orend insert make services available to victims,
3including counseling, health, mental health, victim advocacy, and
4legal assistance.

5(d) The governing board of each community college district,
6the Trustees of the California State University, the Regents of the
7University of California, and the governingbegin delete boardend deletebegin insert boardsend insert of
8independent postsecondarybegin delete institutions, as defined in paragraph
9(3) of subdivision (i) of Section 67381,end delete
begin insert institutions that receive
10public funds for student financial assistance,end insert
shall implement
11comprehensive prevention programs addressing sexual violence,
12domestic violence, dating violence, and stalking. A comprehensive
13prevention program shall include a range of prevention strategies,
14including, but not limited to, women’s empowerment programming,
15awareness raising campaigns, primary prevention, bystander
16intervention, and risk reduction.

17

SEC. 2.  

If the Commission on State Mandates determines that
18this act contains costs mandated by the state, reimbursement to
19local agencies and school districts for those costs shall be made
20pursuant to Part 7 (commencing with Section 17500) of Division
214 of Title 2 of the Government Code.



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