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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