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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