BILL ANALYSIS                                                                                                                                                                                                    Ó

                                                                       AB 340

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          340 (Weber)

          As Amended  June 1, 2015

          Majority vote

          |Committee       |Votes |Ayes                  |Noes                |
          |                |      |                      |                    |
          |                |      |                      |                    |
          |Higher          |10-2  |Medina, Bloom,        |Baker, Harper       |
          |Education       |      |Chávez, Irwin,        |                    |
          |                |      |Levine, Linder, Low,  |                    |
          |                |      |Santiago, Weber,      |                    |
          |                |      |Williams              |                    |
          |                |      |                      |                    |
          |Appropriations  |12-5  |Gomez, Bonta,         |Bigelow, Chang,     |
          |                |      |Calderon, Daly,       |Gallagher, Jones,   |
          |                |      |Eggman, Eduardo       |Wagner              |
          |                |      |Garcia, Gordon,       |                    |
          |                |      |Holden, Quirk,        |                    |
          |                |      |Rendon, Weber, Wood   |                    |
          |                |      |                      |                    |
          |                |      |                      |                    |

          SUMMARY:  Requires the California Community Colleges (CCC) Board  
          of Governors (BOG) and the California State University (CSU)  
          Trustees, and encourages the University of California (UC)  


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          Regents, to each generate a report, as specified, pertaining  
          campus climate.  Specifically, this bill:  

          1)Defines "campus climate" to mean a measure of an individual's  
            experience within a learning environment, specifically on the  
            current attitudes, practices, policies, and behaviors of campus  
            life that impact the success and retention of all members of a  
            campus community.

          2)Requires the CCC BOG and the CSU Trustees, and encourages the UC  
            Regents, to generate a report once every biennium of the  
            legislative session, beginning with the 2017-2018 Regular  

          3)Specifies that the report shall include, but not be limited to,  
            all of the following as to the respective segment:

             a)   New and recent administrative efforts intended to affect  
               campus climate;

             b)   Recent campus program developments that impact campus  
               climate related to the following:  i) gender, ii) race, iii)  
               ethnicity, iv) national origin, v) religion, vi) sexual  
               orientation, vii) disability, and viii) gender identity; and,

             c)   Data, including, but not limited to, both of the  
               following:  i) student demographic data, and ii) crime data,  
               including, but not limited to, the data required to be kept  
               and disclosed in accordance with the Jeanne Clery Disclosure  
               of Campus Security Policy and Campus Crime Statistics Act (20  
               United States Code Section 1092(f)) and other hate crime  


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          4)Requires the CCC BOG and the CSU Trustees, and encourages the UC  
            Regents, to each post the respective segment's report on its  
            Internet Web site; and, to send said report to the Governor, the  
            Attorney General, and the appropriate policy committees of the  

          5)Specifies that the CCC BOG shall request, but not require, the  
            information, as specified, from CCC districts (CCDs); and, that  
            the CCC BOG report, as specified, shall be based on data  
            available from participating CCDs.


          EXISTING LAW:  

          1)Declares it a goal of public higher education that educational  
            equity be achieved through educational environments in which  
            each person, regardless of race, gender, gender identity, gender  
            expression, sexual orientation, age, disability or economic  
            circumstances has a reasonable change to fully develop his or  
            her potential (Education Code(EC) Section 66010.2).
          2)Provides that it is the policy of the State of California to  
            afford all persons, regardless of disability, gender, gender  
            identity, gender expression, nationality, race or ethnicity,  
            religion, sexual orientation, or any other basis that is  
            contained in the prohibition of hate crimes set forth in Penal  
            Code Section 422.6 (a), equal rights and opportunities in the  
            postsecondary institutions of the state (EC Section 66251). 

          3)Provides that all students have the right to participate fully  
            in the educational process, free from discrimination and  
            harassment and that California's postsecondary educational  
            institutions have an affirmative obligation to combat racism,  


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            sexism, and other forms of bias, and a responsibility to provide  
            equal educational opportunity; and declares the Legislature's  
            intent that each postsecondary educational institution undertake  
            educational activities to counter discriminatory incidents on  
            school grounds and, within constitutional bounds, to minimize  
            and eliminate a hostile environment on school grounds that  
            impairs the access of students to equal educational  
            opportunities (EC Section 66252).

          4)Requests the UC Regents, CSU Trustees, and the governing board  
            of each community college district to adopt and publish policies  
            on harassment, intimidation, and bullying to be included within  
            the rules and regulations governing student behavior within  
            their respective segments of public postsecondary education (EC  
            Section 66302).

          5)The federal Jeanne Clery Disclosure of Campus Security Policy  
            and Campus Crime Statistics Act (Clery Act) requires colleges  
            and universities, as a condition of federal student aid program  
            participation, to publish annual campus security reports,  
            maintain crime logs, provide timely warnings of crimes that  
            present a public safety risk, and maintain ongoing crime  

          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, the UC and CSU indicate that they can absorb any costs  
          associated with this measure, as it is generally consistent with  
          their existing efforts in this regard.  The CCC Chancellor's  
          Office, in part, due to the system's decentralized nature, does  
          not currently collect much of the information required in the  
          report and thus will incur costs to obtain, review, compile, and  
          report information from districts that respond.  Ongoing costs  
          would be up to $50,000 every two years thereafter. 

          COMMENTS:  Background.  Incidents in recent years at the UC and  


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          CSU - targeting students of color, and the lesbian, gay,  
          bi-sexual, and transgender (LGBT) community, investigations of  
          racial and ethnic discrimination, and how sexual assaults and  
          violence have been handled - have greatly highlighted and brought  
          more attention to the need for the UC and CSU to address climate  

          State response.  Out of concern regarding recent campus climate  
          issues at various campuses of higher education, in the past few  
          years there have been several oversight hearings convened by this  
          committee to look at campus climate issues.  Additionally, in the  
          2013-14 Regular Session, the Speaker of the Assembly created the  
          Assembly Select Committee on Campus Climate; which convened  
          several hearings in 2014 with the goal of continuing to strengthen  
          overall campus climate for our postsecondary institutions of  
          higher learning.  This measure is a result of the Assembly Select  
          Committee on Campus Climate Report of October 2014.

          Segment responses.  The UC seeks to create and nurture an  
          atmosphere of respect and inclusion for all; in March 2014 the UC  
          (after a two-year system wide survey), released its campus climate  
          study.  The study found many things, including, but not limited to  
          the following:  1) 79% of all respondents were comfortable or very  
          comfortable with the campus climate at UC, while 7% were  
          uncomfortable or very uncomfortable; 2) more than half of all  
          respondents thought that the overall campus climate was very  
          respectful or respectful of various races/ethnicities at UC; and,  
          3) more work must be done to address issues faced by certain  
          groups - underrepresented minority respondents were less  
          comfortable with the overall climate and workplace climate than  
          were white respondents and other people of color and transgender  
          respondents were less comfortable with the overall climate at  
          their campus than were men and women respondents.

          To note:  1) many UC campuses have hired staff focused on campus  
          climate issues; 2) many programs are offered to reduce the impact  


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          of unconscious bias in hiring and promotions, and to identify and  
          remove institutional barriers to inclusion an career development;  
          3) resource and student service centers have been established at  
          many campuses for certain populations (such as undocumented  
          students, veteran students, and LGBT students); 4) anti-hate  
          initiatives exist at many UC campuses that seek to educate  
          students; and 5) many UC campuses have student-led and cultural  

          The CSU is committed to maintaining an inclusive community that  
          values diversity and fosters tolerance and mutual respect.  It is  
          CSU policy to provide equal opportunity for all persons regardless  
          of race, religious creed, color, national origin, ancestry,  
          physical disability, mental disability, medical condition, genetic  
          information, marital status, sex, gender, gender identity, gender  
          expression, age, sexual orientation, and veteran status.  

          The CSU has policies in place to help ensure that their students  
          and faculty are protected; campuses must implement preventative  
          education programs and make available victim resources, including  
          comprehensive victim services.  Information regarding these  
          programs must be included in:  1) orientation programs for new  
          students, faculty and staff; 2) training for students who serve as  
          advisors in residence halls; and, 3) training for student athletes  
          and coaches.  

          Additionally, on a campus by campus basis, the CSU has created an  
          advisory body of non-CSU experts to advise and opine to the CSU  
          how to strengthen and enforce existing polices, as well as advise  
          if there is a need to create more policies that will allow the CSU  
          to maintain its policy of protection for all.

          Purpose of this measure.  This measure is a result of the work of  
          the Assembly Select Committee on Campus Climate.  The author  
          states, "In 2014, the select committee sought to examine public  


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          safety protocols and practices of California's higher education  
          institutions while exploring solutions to encourage campus safety  
          and promote healthier campus climates.  The select committee's  
          mission was to ensure that the state's college campuses are safe  
          and welcoming environments for all students.  As a result, the  
          select committee held three hearings throughout California to  
          examine policies and practices at campuses within a specific  
          region.  The fourth hearing was held at the State Capitol where  
          recommendations were considered by the members of the select  

          The author contends that, existing law does not specifically  
          address campus climate and higher education.  This measure would  
          be the appropriate next step in creating some type of oversight of  
          campus climate.  The author states, "By requiring a report on  
          recent developments on campus climate, the three segments of  
          higher education would keep key policymakers informed about new  
          and ongoing endeavors and developments in regards to campus  
          climate.  It would also offer a level of oversight to ensure that  
          progress is being made at California's public higher education  
          institutions as they work to meet the needs of a changing  

          Analysis Prepared by:                                               
                          Jeanice Warden / HIGHER ED. / (916) 319-3960  FN:  


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