BILL ANALYSIS Ó
SB 967
Page 1
Date of Hearing: August 6, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 967 (De Leon and Jackson) - As Amended: August 4, 2014
Policy Committee: JudiciaryVote:
9-1
Higher Education 11-1
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill requires the governing boards of postsecondary
institutions to adopt policies and implement procedures
regarding sexual assault. Specifically, this bill requires the
governing boards of each community college district, the
California State University (CSU), the University of California
(UC), and each independent postsecondary institution, as a
condition for receiving state funds for student financial
assistance, to do all of the following:
1)Adopt a policy, as specified, concerning sexual assault,
domestic violence, dating violence, and stalking involving a
student, both on and off campus. The policy is to include an
affirmative consent standard-i.e. affirmative, conscious, and
voluntary agreement given by both parties to engage in sexual
activity. Affirmative consent must be ongoing throughout a
sexual activity and can be revoked at any time.
2)Adopt victim-centered protocols comporting to best practices,
as specified, in response to sexual assault, domestic
violence, dating violence and stalking involving a student.
3)Enter into MOUs, agreements, or collaborative partnerships
with organizations serving victims of these crimes.
4)Implement comprehensive prevention and outreach programs
addressing these crimes. At a minimum, the outreach program
must be included as part of every incoming student's
orientation and must include a process for contacting the
student body, campus organizations, athletic programs, and
SB 967
Page 2
student groups about the institution's sexual assault policy,
the practical implications of an affirmative consent standard,
and the rights and responsibilities of students under the
policy.
FISCAL EFFECT
The additional costs of this bill will depend on the respective
higher education segments' current practices and related current
and pending federal requirements. (See Comment #2.)
CSU indicates that they have updated their policies to generally
mirror the requirements of this bill, and thus anticipate any
additional compliance costs will be minor and absorbable. UC
also believes its costs will be minor and absorbable.
The California Community Colleges Chancellor's Office indicates
that many districts likely do not currently implement all the
requirements of this bill, specifically: a trauma-informed
training program for campus officials involved in investigating
these crimes; MOUs with organizations serving victims of these
crimes; and comprehensive prevention and outreach programs. To
the extent any of these, or other requirements in the bill, go
beyond federal requirements, districts' implementation costs
will be a state reimbursable mandate. Such costs are unknown,
but would likely be significant statewide, and would involve
both one-time and ongoing costs. At just $10,000 to $20,000 per
district for initial implementation, statewide costs would be
about $700,000 to $1.4 million (GF, Prop 98).
COMMENTS
1)Purpose . According to the author, sexual violence continues to
be a significant problem on college campuses across the
country; recent cases raise serious questions about the
ability of colleges and universities to provide safe learning
environments, particularly for female students. The author
believes it is necessary to provide colleges and universities
with clearer guidance on how to prevent and respond to sexual
assault cases. According to the author, this bill will
strengthen protections for victims in California by requiring
campuses to implement comprehensive prevention programs and
victim-centered sexual assault policies and protocols.
2)Federal Requirements . Title IX of the Education Amendments of
SB 967
Page 3
1972 prohibits discrimination on the basis of sex in federally
funded education programs and activities. All institutions
receiving financial assistance are required to comply with
Title IX. On April 4, 2011, the Office of Civil Rights (OCR)
in the United States Department of Education issued a Dear
Colleague Letter on student-on-student sexual harassment and
sexual violence (DCL). The DCL provided guidance regarding an
institution's responsibility and clearly outlined an
institution's obligations. On April 29, 2014, OCR issued
"Questions and Answers on Title IX and Sexual Violence" to
provide additional guidance to institutions regarding
compliance with Title IX.
3)Related Legislation . AB 1433 (Gatto), pending in Senate
Appropriations, requires institutions to establish specified
policies governing the reporting of sexual assault and other
specified crimes to law enforcement.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081