BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  SB 967
          Author:   De León (D), et al.
          Amended:  5/27/14
          Vote:     21


           SENATE EDUCATION COMMITTEE  :  6-0, 3/19/14
          AYES:  Liu, Block, Galgiani, Hancock, Hueso, Monning
          NO VOTE RECORDED:  Wyland, Correa, Huff

          SENATE APPROPRIATIONS COMMITTEE  :  5-2, 5/23/14
          AYES:  De León, Hill, Lara, Padilla, Steinberg
          NOES:  Walters, Gaines


           SUBJECT :    University and college student safety:  sexual  
          assault

           SOURCE  :     Author


           DIGEST  :    This bill requires the governing board of each  
          community college district (CCD), the Trustees of the California  
          State University (CSU), the Regents of the University of  
          California (UC), and the governing boards of independent  
          postsecondary institutions (IPIs), as specified, to adopt a  
          policy concerning campus sexual violence, domestic violence,  
          dating violence, and stalking that includes specified components  
          and standards.

           ANALYSIS  :    Federal statutes addressing sexual assault on or  
          around institutions of higher education include Title IX and the  
          Jeanne Clery Disclosure of Campus Security Policy and Campus  
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          Crime Statistics Act (Clery Act).

          The Clery Act requires public and private postsecondary  
          educational institutions that receive federal financial aid to  
          disclose information about crimes on and around campuses as well  
          as establish certain rights for victims of sexual assault.   
          Those rights include notification to victims of the right to  
          file criminal charges, available counseling services, the  
          results of disciplinary proceedings, and the option for victims  
          to change their academic schedule or living arrangements.

          The federal Campus Sexual Violence Elimination Act amended the  
          Clery Act to, among other things, require postsecondary  
          institutions to offer prevention and awareness programs to new  
          students and employees regarding rape, domestic and dating  
          violence, sexual assault, and stalking.  Programs must include a  
          definition of those offenses and consent with reference to  
          sexual offenses.  Institutions are also required to compile  
          statistics of incidents of sexual assault, domestic violence,  
          dating violence and stalking.  This Act also requires the Annual  
          Security Report to contain additional information such as  
          prevention programs, procedures once incidents are reported, and  
          possible sanctions following an institutional disciplinary  
          procedure.

          The United States Department of Education's Office for Civil  
          Rights issued a "Dear Colleague" letter on April 4, 2011,  
          providing guidance on ensuring compliance with Title IX specific  
          to sexual harassment and sexual violence.  This guidance stated,  
          among other things, that:

          1.Institutions must use a preponderance of the evidence standard  
            (it is more likely than not that sexual harassment or violence  
            occurred) in order for the grievance procedures to be  
            consistent with Title IX standards.

          2.Institutions are not relieved of their duty under Title IX to  
            resolve complaints promptly and equitably whether or not a  
            criminal investigation is underway.

          3.Institutions need to ensure their employees are trained to  
            know how to report harassment and how to respond properly.

          The White House announced on January 22, 2014, the establishment  

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          of the Task Force to Protect Students from Sexual Assault,  
          directing the Office of the Vice President and the White House  
          Council on Women and Girls to lead an interagency effort to  
          address campus rape and sexual assault, including coordinating  
          federal enforcement efforts and helping institutions meet their  
          obligations under federal law.

          Existing state law:

          1.Requires the governing board of each CCD, the CSU Trustees,  
            the Board of Directors of the Hastings College of the Law, and  
            the UC Regents to each adopt, and implement at each campus or  
            other facilities, a written procedure or protocols to ensure,  
            to the fullest extent possible, that students, faculty and  
            staff who are victims of sexual assault committed on grounds  
            maintained by the institution or affiliated student  
            organizations, receive treatment and information.  The written  
            procedures or protocols must contain at least the following  
            information:

             A.   The college policy regarding sexual assault on campus.

             B.   Personnel on campus who should be notified, and  
               procedures for notification, with the consent of the  
               victim.

             C.   Legal reporting requirements and procedures for  
               fulfilling them.

             D.   Services available to victims and personnel responsible  
               for providing these services.

             E.   A description of campus resources available to victims,  
               as well as appropriate off-campus services.

             F.   Procedures for ongoing case management, including  
               keeping the victim informed of the status of any student  
               disciplinary proceedings and helping the victim deal with  
               academic difficulties that may arise because of the  
               victimization and its impact.

             G.   Procedures for guaranteeing confidentiality and  
               appropriately handling requests for information from the  
               press, concerned students and parents.

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             H.   Each victim of sexual assault should receive information  
               about the existence of at least the following options:

               (1)    Criminal prosecutions.
               (2)    Civil prosecutions.
               (3)    The disciplinary process through the college.
               (4)    The availability of mediation.
               (5)    Alternative housing assignments.
               (6)    Academic assistance alternatives.

          1.Requires the governing board of each CCD and the Trustees of  
            the CSU, and requests the Regents of the UC, in collaboration  
            with campus- and community-based victim advocacy  
            organizations, to provide as part of campus orientations,  
            educational and preventive information about sexual violence.

          2.Requires each campus of the California Community Colleges and  
            the CSU, and requests each campus of the UC, to post sexual  
            violence prevention and education information on its campus  
            Internet Web site.  The information must include specific  
            components including how to file a complaint, and the  
            availability and contact information for resources for  
            victims.

          3.Requires each campus of the California Community Colleges and  
            the CSU, and requests each campus of the UC, to develop  
            policies to encourage students to report any campus crimes  
            involving sexual violence.

          This bill:

          1.Requires, in order to receive state funds for student  
            financial assistance, the governing board of each CCD, the CSU  
            Trustees, the UC Regents, and the governing boards of IPIs to  
            adopt a policy concerning campus sexual violence, domestic  
            violence, dating violence, and stalking that includes all of  
            the following:

             A.   An affirmative consent standard in the determination of  
               whether consent was given by a complainant.

             B.   A provision specifying that a claim by the accused that  
               he/she believed that the complaint consented to the sexual  

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               activity shall not be considered under either of the  
               following circumstances:

               (1)    The accused's belief in consent arose from the  
                 self-induced intoxication or recklessness of the accused.

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

             A.   A preponderance of the evidence standard in the  
               determination of disciplinary action.

             B.   A determination (in the evaluation of complaints in the  
               disciplinary process) that an individual under any of the  
               following conditions is unable to consent to the sexual  
               activity:

                (1)     Asleep or unconscious.

                (2)     Incapacitated due to the influence of drugs,  
                  alcohol, or medication so that the complainant could not  
                  understand the fact, nature, extent of the sexual  
                  situation.

                (3)     The complainant was unable to communicate due to a  
                  mental or physical condition.

          1.Defines "affirmative consent" as an affirmative, unambiguous  
            and conscious decision by each participant to engage in a  
            mutually agreed-upon sexual activity.  Consent is informed,  
            freely given, and voluntary.  Requires consent to be ongoing  
            throughout a sexual activity and authorizes a participant, at  
            any time, to communicate that he/she no longer consents to  
            continuing the sexual activity.

          2.Provides that lack of protest or resistance does not mean  
            consent, nor does silence.

          3.States that it is the responsibility of the person who  
            initiating the sexual activity to ensure that he/she has the  
            consent of the other person to engage in the sexual activity.   
            States that, if there is confusion as to whether a person has  
            consented or continues to consent to sexual activity, it is  

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            essential that the participants stop the activity until the  
            confusion can be clearly resolved.

          4.Requires, in order to receive state funds for student  
            financial assistance, the governing board of each CCD, the CSU  
            Trustees, the UC Regents, and the governing boards of the IPIs  
            to adopt detailed and victim-centered sexual assault policies  
            and protocols that comport with best practices and current  
            professional standards.  Requires the policies and protocols  
            to cover, at a minimum, all of the following:

             A.   A policy statement on how the institution will protect  
               the confidentiality of individuals involved in the  
               incident.

             B.   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.

             C.   Response to stranger and non-stranger sexual assault.

             D.   The preliminary victim interview, including the  
               development of a victim interview protocol, and a  
               comprehensive follow-up victim interview.

             E.   Contacting and interviewing the accused.

             F.   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.

             G.   Participation of victim advocates.

             H.   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.

             I.   The role of the institutional staff supervision.

             J.   A comprehensive, trauma informed training program for  

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               campus officials involved in investigating and adjudicating  
               campus sexual violence, domestic violence and dating  
               violence, and stalking cases.

             AA.  Procedures for anonymous reporting of sexual assault.

          1.Requires, in order to receive state funds for student  
            financial assistance, the governing board of each CCD, the CSU  
            Trustees, the UC Regents, and the governing boards of IPIs to  
            the extent feasible, to 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).

          2.Requires, in order to receive state funds for student  
            financial assistance, the governing board of each CCD, the CSU  
            Trustees, the UC Regents, and the governing boards of IPIs to  
            implement comprehensive prevention and outreach programs  
            addressing sexual violence, domestic violence, dating  
            violence, and stalking.

             A.   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.

             B.   An outreach program shall be provided to make students  
               aware of the institution's policy on campus sexual  
               violence, domestic violence, dating violence, and stalking.  
                Requires, at a minimum, the outreach program to include a  
               process for contacting and informing specified entities  
               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.  Stipulates that outreach programming be included  
               as part of new student orientation.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes


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          According to the Senate Appropriations Committee, this bill may  
          result in significant additional costs to each named entity, to  
          the extent that its requirements exceed the scope of an  
          institution's current policies and procedures.  To the extent  
          that many of the new requirements mirror new federal regulations  
          likely to be adopted in the near future, those costs would still  
          be incurred absent this bill.

           SUPPORT  :   (Verified  5/27/14)

          Superintendent of Public Instruction, Tom Torlakson
          California Coalition Against Sexual Assault
          California Communities United Institute
          California Partnership to End Domestic Violence
          California State University Student Association
          University of California, Davis
          University of California Student Association

           OPPOSITION  :    (Verified  5/27/14)

          National Coalition for Men
          Stop Abusive and Violent Relationships


          PQ:e  5/27/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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