BILL NUMBER: SB 967 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 27, 2014
AMENDED IN SENATE MARCH 27, 2014
INTRODUCED BY Senators De León and Jackson
(Principal coauthor: Assembly Member Lowenthal)
(Coauthors: Senators Beall, Cannella, Evans, Galgiani, Monning,
Pavley, Torres, Wolk, and Yee)
(Coauthors: Assembly Members Ammiano, Fong, Gonzalez, Quirk-Silva,
Skinner, Ting, 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.
Existing law 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 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 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 that
institutions, in order to receive public
state funds for student financial
assistance assistance, 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 or less formal collaborative
partnerships with on-campus and community-based organizations to
refer victims students for assistance
or make services available to victims.
students. The bill would also require the governing boards to
implement comprehensive prevention and outreach 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 In order to receive state
funds for student financial assistance, 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 boards of independent postsecondary institutions
that receive public funds for student financial assistance
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. an
affirmative, unambiguous, and conscious decision by each participant
to engage in mutually agreed-upon sexual activity. Consent is
informed, freely given, and voluntary. It is the responsibility
of the person who wants to engage in
initiating 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
ongoing throughout a 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. encounter
and can be revoked at any time. The existence of a dating
relationship between the persons involved, or the fact of past
sexual relations between them, should never by itself be assumed to
be an indicator of consent.
(2) A provision specifying that a claim by the accused that he or
she believed that the complainant consented to the sexual activity
shall not be considered
(2) A policy that, in the evaluation of
complaints in the disciplinary process, it shall not be a
valid excuse 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 A policy that, 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: it shall not be a
valid excuse that the accused believed that the complainant consented
to the sexual activity if the accused knew or reasonably should have
known that the complainant was unable to consent to the sexual
activity under any of the following circumstances:
(A) Asleep The complainant was asleep
or unconscious.
(B) Incapacitated The complainant was
incapacitated due to the influence of
drugs, alcohol, or medication. medication, so
that the complainant could not understand the fact, nature, or
extent of the sexual situation.
(C) Unable The complainant was unable
to communicate due to a mental or physical
condition.
(b) The In order to receive state funds
for student financial assistance, 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 boards of independent postsecondary institutions
that receive public funds for student financial assistance
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 individuals involved in the incident.
(2) Initial response by the institution's personnel to a report of
sexual assault, including requirements specific to assisting the
victim, providing information in writing about the importance of
preserving evidence, 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) Providing written notification to the victim about the
availability of, and contact information for, on- and off-campus
resources and services, and coordination with law enforcement, as
appropriate.
(7) Participation of victim advocates.
(8) Investigating allegations that alcohol or drugs were involved
in the incident. incident, and providing
amnesty from disciplinary action if the victim violated the school's
policy when the sexual assault occurred.
(9) The role of the institutional staff supervision.
(10) A comprehensive, trauma-informed training program for campus
officials involved in investigating and adjudicating campus sexual
violence, domestic violence, dating violence, and stalking cases.
(10)
(11) Procedures for anonymous reporting of sexual
assault.
(c) To the extent feasible, In order to
receive state funds for student financial assistance, 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 boards of independent postsecondary
institutions that receive public funds for student financial
assistance shall shall, to the extent feasible,
enter into memoranda of understanding, agreements, or less
formal collaborative partnerships with existing
on-campus and community-based organizations, including rape crisis
centers, to refer victims students for
assistance or make services available to victims,
students, including counseling, health, mental health,
victim advocacy, student advocacy, and legal assistance.
(d) The In order to receive state funds
for student fina ncial assistance, 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 boards of independent postsecondary
institutions that receive public funds for student financial
assistance, shall implement comprehensive prevention
and outreach 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. Outreach programs shall be provided to make
students aware of the institution's policy on campus sexual violence,
domestic violence, dating violence, and stalking. At a minimum, an
outreach program shall include a process for contacting and informing
the student body, campus organizations, athletic programs, and
student groups about the institution's overall sexual assault policy,
the practical implications of an affirmative consent
standard, and the rights and responsibilities of students under the
policy. Outreach programming shall be included as part of new student
orientation.
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.