BILL NUMBER: SB 967	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 4, 2014
	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, 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
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 sexual
assault, domestic violence, dating violence, and 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 both parties to sexual activity.
"Affirmative consent" 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. Affirmative consent must be ongoing
throughout a sexual 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 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
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 whether
the complainant affirmatively consented.
   (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 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
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 provide
appropriate  confidentiality for individuals involved in an
incident.   protections for the privacy of individuals
involved, including confidentiality. 
   (2) Initial response by the institution's personnel to a report of
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, as appropriate.
   (5) Contacting and interviewing the accused.
   (6) Seeking the identification and location of witnesses.
   (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.
   (8) Participation of victim advocates and other supporting people.

   (9) Investigating allegations that alcohol or drugs were involved
in the incident.
   (10) Providing that  those   an individual
 who  participate   participates as a
complainant or witness  in  the   an 
investigation of sexual assault, domestic violence, dating violence,
 and stalking, either as a complainant or a third-party
witness,   or stalking  will not be subject to
disciplinary sanctions for  violations   a
violation  of the institution's student conduct policy at or
near the time of the  incident if the violations did not
place   incident, unless the institution determines that
the violation was egregious, including, but not limited to, an
action that places  the health or safety of any other person at
 risk.   risk or involves   plagiarism,
cheating, or academic dishonesty. 
   (11) The role of the institutional staff supervision.
   (12) A comprehensive, trauma-informed training program for campus
officials involved in investigating and adjudicating sexual assault,
domestic violence, dating violence, and stalking cases.
   (13) Procedures for confidential reporting 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  , and including resources for the accused 
.
   (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, empowerment  programming,  
programming for victim prevention,  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 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

    (e)     Outreach  programming shall be
included as part of  new student orientation.  
every incoming student's 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.