BILL NUMBER: SB 967	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 18, 2014
	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   and Wolk  )
   (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, in order to receive state
funds for student financial assistance, to adopt policies concerning
 campus sexual violence,  sexual assault, 
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 collaborative partnerships with
on-campus and community-based organizations to refer students for
assistance or make services available to 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) 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 shall adopt a policy concerning 
campus  sexual  violence,   assault,
 domestic violence, dating violence, and  stalking
  that includes   stalking, as defined
in   the federal Higher Education Act of 1965   (20
U.S.C. Sec. 1092(f)   ) involving a student, both on and
off campus. The policy shall include  all of the following:
   (1) An affirmative consent standard in the determination of
whether consent was given by  a complainant.  
both parties to sexual activity.  "Affirmative consent" 
is 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 initiating the sexual activity to ensure
that he or she has the consent of the other person to engage in the
sexual activity.   means affirmative, conscious, and
voluntary agreement to engage in sexual activity. It is the
responsibility of each person involved in the sexual activity to
ensure that he or she has the affirmative consent of the other or
others to engage in the sexual activity.  Lack of protest or
resistance does not mean consent, nor does silence mean consent.
 Consent   Affirmative consent  must be
ongoing throughout a sexual  encounter  
activity  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 policy that, in the evaluation of complaints in  the
  any  disciplinary process, it shall not be a
valid excuse  to alleged lack of affirmative consent  that
the accused believed that the complainant consented to the sexual
activity under either of the following circumstances:
   (A) The accused's belief in  affirmative  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   whether  the complainant  was
consenting.   affirmatively consented.  
   (3) A preponderance of the evidence standard in the determination
of disciplinary action.  
   (3) A policy that the standard used in determining whether the
elements of the complaint against the accused have been demonstrated
is the preponderance of the evidence. 
   (4) 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  affirmatively  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) The complainant was asleep or unconscious.
   (B) The complainant was incapacitated due to the influence of
drugs, alcohol, or medication, so that the complainant could not
understand the fact, nature, or extent of the sexual 
situation.   activity. 
   (C) The complainant was unable to communicate due to a mental or
physical condition.
   (b) 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 shall adopt detailed and victim-centered
 sexual assault  policies and protocols 
regarding sexual assault, domestic violence, dating violence, and
stalking involving a student  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   provide appropriate  confidentiality
 of   for  individuals involved in 
the   an  incident.
   (2) Initial response by the institution's personnel to a report of
 sexual assault,   an incident,  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.   interview, as appropriate. 
   (5) Contacting and interviewing the accused. 
   (6) Seeking the identification and location of witnesses. 

   (6) 
    (7)  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) 
    (8)  Participation of victim  advocates.
  advocates and other supporting people.  
   (8) 
    (9)  Investigating allegations that alcohol or drugs
were involved in the  incident, and providing amnesty from
disciplinary action if the victim violated the school's policy when
the sexual assault occurred.   incident.  
   (10) Providing that those who participate in the investigation of
sexual assault, domestic violence, dating violence, and stalking,
either as a complainant or a third-party witness, will not be subject
to disciplinary sanctions for violations of the institution's
student conduct policy at or near the time of the incident if the
violations did not place the health or safety of any other person at
risk.  
   (9) 
    (11)  The role of the institutional staff supervision.

   (10) 
    (12)  A comprehensive, trauma-informed training program
for campus officials involved in investigating and adjudicating
 campus sexual violence,   sexual assault, 
domestic violence, dating violence, and stalking cases. 
   (11) 
    (13)  Procedures for  anonymous  
confidential  reporting  of sexual assault. 
 by victims and third parties. 
   (c) 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 shall, to the extent feasible, enter into
memoranda of understanding, agreements, or collaborative partnerships
with existing on-campus and community-based organizations, including
rape crisis centers, to refer students for assistance or make
services available to students, including counseling, health, mental
health, victim advocacy, student advocacy, and legal assistance.
   (d) 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 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,   sexual assault,  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.