BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                 UNFINISHED BUSINESS


          Bill No:  SB 967
          Author:   De León (D), et al.
          Amended:  8/4/14
          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

           SENATE FLOOR  :  27-9, 5/29/14
          AYES:  Beall, Block, Cannella, Corbett, Correa, De León,  
            DeSaulnier, Evans, Galgiani, Hancock, Hernandez, Hill, Hueso,  
            Jackson, Lara, Leno, Lieu, Liu, Mitchell, Monning, Padilla,  
            Pavley, Roth, Steinberg, Torres, Wolk, Wyland
          NOES:  Anderson, Berryhill, Gaines, Huff, Knight, Morrell,  
            Nielsen, Vidak, Walters
          NO VOTE RECORDED:  Calderon, Fuller, Wright, Yee

           ASSEMBLY FLOOR  :  57-20, 8/25/14 - See last page for vote


           SUBJECT  :    University and college student safety:  sexual  
          assault

           SOURCE  :     Author


           DIGEST  :    This bill requires the governing board of each  
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          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.

           Assembly Amendments  1) provide a definition of stalking; 2)  
          revise the affirmative consent standard; 3) require the policy  
          and protocols developed by the insitutions provide appropriate  
          protections for the privacy of individuals involved, including  
          confidentiality, that it seek the identification and location of  
          witnesses, and provide that an individual who participates as a  
          complainant or witness in an investigation of sexual assault,  
          domestic violence, dating violence, or stalking will not be  
          subject to disciplinary sanctions for a violation of the  
          institution's student conduct policy at or near the time of the  
          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 or  
          involves plagiarism, cheating, or academic dishonesty; and 4)  
          require outreach programming be included as part of every  
          incoming student's orientation.

           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  
          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  

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          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  
          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  

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            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.

             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.

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          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.Provides that 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  
            shall adopt a policy concerning sexual assault, domestic  
            violence, dating violence, and stalking, as defined, involving  
            a student, both on and off campus.  This policy shall include  
            all of the following:

             A.   An affirmative consent standard in the determination of  
               whether consent was given by both parties to sexual  
               activity.  "Affirmative consent" means an 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/she has the  
               affirmative consent of the 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 the 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.

             B.   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:

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                (1)     The accused's belief in affirmative consent arose  
                  from the 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 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.

             A.   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:

                (1)     The complainant was asleep or unconscious.

                (2)     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.

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

          1.Provides that in order to receive state funds for student  
            financial assistance, the governing board of each CCD, the  
            Trustees of the CSU, the Regents of the UC, and the governing  
            boards of IPIs shall adopt detailed and victim-centered  
            policies and protocols regarding sexual assault, domestic  
            violence, dating violence, and stalking, as defined, involving  
            a student that comports with best practices and current  
            professional standards.  At a minimum, the policies and  
            protocols shall cover all of the following: 

             A.   A policy statement on how the institution will provide  
               appropriate protections for the privacy of individuals  

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               involved in the incident, including confidentiality. 

             B.   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.

             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, as appropriate.

             E.   Contacting and interviewing the accused.

             F.   Seeking the identification and location of witnesses.

             G.   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.

             H.   Participation of victim advocates and other supporting  
               people.

             I.   Investigating allegations that alcohol or drugs were  
               involved in the incident.

             J.   Providing that an individual who participates as a  
               complainant or witness in an investigation of sexual  
               assault, domestic violence, dating violence, or stalking  
               will not be subject to disciplinary sanctions for a  
               violation of the institution's student conduct policy at or  
               near the time of the 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 or involves plagiarism,  
               cheating, or academic dishonesty.

             AA.  The role of the institutional staff supervision.

             BB.  A comprehensive, trauma-informed training program for  
               campus officials involved in investigating and adjudicating  

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               sexual assault, domestic violence, dating violence, and  
               stalking cases.

             CC.  Procedures for confidential reporting by victims and  
               third parties.

          1.Provides that in order to receive state funds for student  
            financial assistance, the governing board of each CCD, the  
            Trustees of the CSU, the Regents of the UC, and the governing  
            boards of IPIs 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, and legal assistance.

          2.Provides that in order to receive state funds for student  
            financial assistance, the governing board of each CCD, the  
            Trustees of the CSU, the Regents of the UC, and the governing  
            boards of IPIs 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 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 programming shall be included as part of each  
            incoming student's orientation. 

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

          According to the Assembly Appropriations Committee, the  
          additional costs of this bill will depend on the respective  

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          higher education segments' current practices and related current  
          and pending federal requirements.

           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 [Memorandums of  
            Understanding] with organizations serving victims of these  
            crimes; and comprehensive prevention and outreach programs.   
            To the extent any of these, or other requirements in this  
            bill, go beyond federal requirements, districts'  
            implementation costs will be a state reimbursable mandate.   
            Such costs are unknown, but will likely be significant  
            statewide, and will involve both one-time and ongoing costs.   
            At just $10,000 to $20,000 per district for initial  
            implementation, statewide costs will be about $700,000 to $1.4  
            million (General Fund, Prop 98).

           SUPPORT  :   (Verified  8/26/14)

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

           OPPOSITION  :    (Verified  8/26/14)

          National Coalition for Men
          Stop Abusive and Violent Relationships


           ASSEMBLY FLOOR  :  57-20, 8/25/14

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          AYES:  Alejo, Ammiano, Bloom, Bocanegra, Bonilla, Bonta,  
            Bradford, Buchanan, Ian Calderon, Campos, Chau, Chesbro,  
            Cooley, Dababneh, Dickinson, Eggman, Fong, Fox, Frazier,  
            Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray, Hall,  
            Roger Hernández, Holden, Jones-Sawyer, Levine, Linder,  
            Lowenthal, Maienschein, Medina, Mullin, Muratsuchi, Nazarian,  
            Nestande, Pan, Perea, V. Manuel Pérez, Quirk, Quirk-Silva,  
            Rendon, Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting,  
            Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
          NOES:  Achadjian, Allen, Bigelow, Brown, Chávez, Conway, Dahle,  
            Donnelly, Beth Gaines, Grove, Hagman, Harkey, Jones, Logue,  
            Mansoor, Melendez, Olsen, Patterson, Wagner, Waldron
          NO VOTE RECORDED:  Daly, John A. Pérez, Vacancy


          PQ:e  8/26/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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