BILL ANALYSIS Ó
AB 913
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Date of Hearing: April 28, 2015
Counsel: Sandra Uribe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Bill Quirk, Chair
AB
913 (Santiago) - As Amended April 9, 2015
SUMMARY: Requires that the written jurisdictional agreements
between postsecondary educational institutions and local law
enforcement which designate the agency responsible for
investigating specified violent crimes to also make a
designation with respect to the investigation of sexual assaults
and hate crimes. Specifically, this bill:
1)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 board of independent post-secondary
institutions to update their existing written jurisdictional
agreements with local law enforcement for investigation of
Part 1 violent crimes to include sexual assaults and hate
crimes.
2)Defines "hate crime" as a criminal act committed, in whole or
in part, because of one or more of the following actual or
perceived characteristics of the victim: disability, gender,
nationality, race or ethnicity, religion, sexual orientation,
or association with a person or group with one or more of
these actual or perceived characteristics.
3)Defines "sexual assault" to include, but not be limited to,
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rape, forced sodomy, forced oral copulation, rape by a foreign
object, sexual battery, or the threat of any of these.
4)Requires that the agreements be reviewed and updated as
necessary by July 1, 2016, and every five years thereafter.
EXISTING LAW:
1)States that the governing board of each CCD, the CSU Trustees,
the UC Regents, and the governing boards of independent
postsecondary institutions receiving public funds for student
financial assistance shall require the appropriate officials
at each campus within their respective jurisdictions to
compile records of all occurrences reported to campus police,
campus security personnel, or campus safety authorities of,
and arrests for, crimes that are committed on campus and that
involve violence, hate violence, theft, destruction of
property, illegal drugs, or alcohol intoxication. (Ed. Code, §
67380, subd. (a)(1)(A).)
2)Requires the governing board of each CCD, the CSU Trustees,
the UC Regents, and the governing boards of independent
postsecondary institutions receiving public funds for student
financial assistance to adopt rules requiring each of their
respective campuses to enter into written agreements with
local law enforcement agencies that clarify operational
responsibilities for investigations of Part 1 violent crimes
occurring on each campus. (Ed. Code, § 67381, subd. (b).)
3)Defines "Part 1 violent crimes" as "willful homicide, forcible
rape, robbery, or aggravated assault, as defined in the
Uniform Crime Reporting Handbook of the Federal Bureau of
Investigation." (Ed. Code, § 67381, subd. (h)(i)(2).)
4)States that each written agreement entered into pursuant to
this section shall designate which law enforcement agency
shall have operational responsibility for the investigation of
each Part 1 violent crime and delineate the specific
geographical boundaries of each agency's operational
responsibility, including maps as necessary. (Ed. Code, §
67381, subd. (d).)
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5)Requires the governing board of each CCD, the CSU Trustees,
the Board of Directors of Hastings College of the Law, and the
UC Regents to each adopt, and implement at each of their
respective campuses 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. (Ed. Code, § 67385, subd. (a).)
6)States that 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, such as the person assigned
to transport the victim to the hospital, to refer the
victim to a counseling center, and to notify the police,
with the victim's concurrence;
e) A description of campus resources available to victims,
as well as appropriate off-campus services;
f) Procedures for ongoing case management, including
procedures for keeping the victim informed of the status of
any student disciplinary proceedings in connection with the
sexual assault, and the results of any disciplinary action
or appeal, 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; and,
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h) Each victim of sexual assault should receive information
about the existence of at least the following options:
criminal prosecutions, civil prosecutions, the disciplinary
process through the college, the availability of mediation,
alternative housing assignments, and academic assistance
alternatives. (Ed. Code, § 67385, subd. (b).)
7)Requires public postsecondary educational institution campuses
to develop policies to encourage students to report any campus
crimes involving sexual violence to the appropriate campus
authorities. (Ed. Code, § 67385.7, subd. (c).)
8)Urges campuses to adopt policies to eliminate barriers for
victims who come forward to report sexual assaults, and to
advise students regarding these policies. These policies may
include, but are not necessarily limited to, exempting the
victim from campus sanctions for being in violation of any
campus policies, including alcohol or substance abuse policies
or other policies of the campus, at the time of the incident.
(Ed. Code, § 67385.7, subd. (d).)
9)Requires the governing board of each CCD, the CSU Trustees,
the UC Regents, and the governing boards of independent
postsecondary institutions to adopt a policy concerning sexual
assault, domestic violence, dating violence, and stalking in
order to receive state funds for student financial assistance,
as specified. (Ed. Code, § 67386, subd. (a).)
10)Requires, under the federal Title IX and the Jeanne Clery
Disclosure of Campus Security Policy and Campus Crime
Statistics Act (Clery Act), colleges and universities, as a
condition of federal student aid program participation, to (a)
publish annual campus security reports, maintain crime logs,
provide timely warnings of crimes that present a public safety
risk, and maintain ongoing crime statistics; and (b) establish
certain rights for victims of sexual assault, including
notification to victims of legal rights, availability of
counselling, safety options for victims, and offering
prevention and awareness programs. (20 U.S.C. §1681-1688; 20
U.S.C. §1092(f).)
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FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "The U.S.
Department of Education's Office for Civil Rights is
investigating 101 postsecondary institutions-including UC
Berkeley, Stanford, UCLA, Occidental, UCSD, and USC-over their
handling of sexual violence complaints under Title IX, the
federal law that protects against discrimination in education.
Complainants allege schools violated Title IX by failing to
thoroughly investigate sexual assaults, and others assert
schools violated the Clery Act-a federal law requiring
reporting of campus crime-by underreporting sex crimes.
"Steps must be taken to ensure allegations of campus sexual
assault are appropriately responded to and investigated. The
White House Task Force to Protect Students from Sexual Assault
recommended campus and local law enforcement agencies
establish written agreements (MOUs) regarding campus sexual
assault, stating that cooperation between campus and local law
enforcement on sexual assault is critical.
"AB 913 requires the written agreements between campus law
enforcement and local law enforcement-which currently
designate the agency responsible for investigation of certain
violent crimes-to additionally designate the agency
responsible for investigation of sexual assaults and hate
crimes. These MOUs can help protect students, address the
needs of survivors, and ensure prompt, thorough, and fair
responses to allegations of misconduct."
2)Campus-Based Requirements and Remedies Required Under Federal
Law: Under Title IX of the Higher Education Amendments of
1972 and the Jeanne Clery Disclosure of Campus Security Policy
and Campus Crime Statistics Act, post-secondary educational
institutions receiving federal financial aid are required to
disclose information about crimes on and around campuses
(Clery Act), as well as establish certain rights for victims
of sexual assault (Title IX). Title IX prohibits sex-based
discrimination in education. If an institution knows, or
reasonably should know, about discrimination, harassment, or
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violence that is creating a "hostile environment" for any
student, it must act to eliminate it, remedy the harm caused,
and prevent its recurrence. The rights provided under Title
IX include notification to victims of the right to file a
complaint, available counseling services, the results of
disciplinary proceedings, and the option for victims to change
their academic schedule or living arrangements, and requires
postsecondary institutions to offer prevention and awareness
programs to new students and employees regarding rape,
domestic and dating violence, sexual assault, and stalking.
The United States Department of Education Office for Civil
Rights (OCR) is responsible for enforcing campus compliance
with Title IX requirements. In the past several years, OCR
has issued strengthened guidance to colleges outlining
campuses responsibilities and obligations to promptly
investigate and respond to sexual violence. In May 2014, OCR
publically identified campuses under investigation for failing
to comply with the federal requirements. The initial list of
campuses under investigation by OCR contained 55 institutions;
by January 2015 the list had grown to 94 institutions.
3)California actions: In California, several highly publicized
events and investigations have contributed to legislative
attention and action on campus sexual assault. In April 2013,
UC Berkeley students voted "no confidence" in the campus
handling of sexual assault disciplinary actions.
Subsequently, students at UC Berkeley, and at several other
California campuses including Occidental, University of
Southern California, and UC Santa Barbara, filed complaints
with OCR.
In June 2014, the Bureau of State Audits released a report
noting several deficiencies in the reporting and responding to
sexual assault allegations on college campuses, as well as
containing recommendations for improving training of faculty
and staff regarding sexual assault prevention and response.
Of particular significance, the report found that the
universities do not ensure that all faculty and staff are
sufficiently trained on responding to and reporting these
incidents to appropriate officials, and that higher education
institutions must do more to properly educate students on
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sexual harassment and sexual violence.
( https://www.auditor.ca.gov/reports/summary/2013-124 .)
In response, in the prior legislative session, two measures
addressing sexual assault on college campuses were adopted.
SB 967 (De León and Jackson), Chapter 748, Statutes of 2014,
establishes a requirement for "affirmative consent" and other
victim-centered standards and policies; and, AB 1433 (Gatto),
Chapter 798, Statutes of 2014, requires campuses to
immediately report specified crimes to law enforcement.
4)White House Task Force to Protect Students from Sexual
Assault: In response to the prevalence of sexual assaults on
college campuses, on January 22, 2014, the White House
established the White House Task Force to Protect Students
from Sexual Assault. The mission of the task force is to
"work with agencies to develop a coordinated Federal response
to campus rape and sexual assault." To this end, the task
force is tasked with making recommendations to meet the
following objectives:
"providing institutions with evidence-based best and promising
practices for preventing and responding to rape and sexual
assault;
"building on the Federal Government's existing enforcement
efforts to ensure that institutions comply fully with their
legal obligations to prevent and respond to rape and sexual
assault;
"increasing the transparency of the Federal Government's
enforcement activities concerning rape and sexual assault,
consistent with applicable law and the interests of affected
students;
"broadening the public's awareness of individual institutions'
compliance with their legal obligation to address rape and
sexual assault; and
"facilitating coordination among agencies engaged in addressing
rape and sexual assault and those charged with helping bring
institutions into compliance with the law."
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( https://www.whitehouse.gov/the-press-office/2014/01/22/memoran
dum-establishing-white-house-task-force-protect-students-sexual
-a )
As to the last point, the first report issued by the task
force stated, "By June 2014, we will provide schools with a
sample Memorandum of Understanding (MOU) with local law
enforcement. An MOU can help open lines of communication and
increase coordination among campus security, local law
enforcement and other community groups that provide victim
services. An MOU can also improve security on and around
campus, make investigations and prosecutions more efficient,
and increase officers' understanding of the unique needs of
sexual assault victims."
( https://www.notalone.gov/assets/report.pdf )
5)Argument in Support: According to the Anti-Defamation League,
"While existing federal law requires colleges and universities
to disclose information about crimes that happen on or near
campuses, gaps in disclosure exist on several higher education
campuses in California, resulting in lawsuits and
investigations by the federal government. The U.S. Department
of Education's Office for Civil Rights is investigating 88
postsecondary institutions-including UC Berkeley, UCLA,
Occidental, and USC-over their handling of sexual violence
complaints. Complainants allege schools fail to thoroughly
investigate sexual assaults, and others assert schools
underreport sex crimes. The White House Task Force to Protect
Students from Sexual Assault has stated that cooperation
between campus and local law enforcement on sexual assault is
critical, and recommended these agencies establish memorandums
of understanding (MOUs) that set forth respective roles and
responsibilities.
"AB 913 requires MOUs between campus law enforcement and local
law enforcement to additionally designate the agency
responsible for investigation of sexual assaults and hate
crimes. AB 913 results in a closer working relationship
between campuses, local police and sheriffs' departments,
which -in turn - will lead to more thorough investigations and
better outcomes for victims. By altering local law
enforcement agencies to crime trends within their
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jurisdiction, surrounding communities will be better served
and protected. Additionally, this law helps ensure victims'
privacy by allowing for their names to be redacted from the
report to local law enforcement if they expressly request it."
6)Prior Legislation:
a) AB 1433 (Gatto), Chapter 798, Statutes of 2014, requires
the governing board of each public, private and independent
postsecondary educational institution, which receives
public funds for student financial assistance, to adopt and
implement written policies and procedures governing the
reporting of specified crimes to law enforcement agencies.
b) SB 967 (De León and Jackson), Chapter 748, Statutes of
2014, requires higher education institutions whose students
receive financial aid to uphold an affirmative consent
standard in disciplinary hearings and to educate students
about the standard.
REGISTERED SUPPORT / OPPOSITION:
Support
Anti-Defamation League
California College and University Police Chiefs Association
California State Lodge, Fraternal Order of Police
California Women's Law Center
Community College League of California
Crime Victims United
Long Beach Police Officers Association
Los Angeles County Professional Peace Officers Association
Sacramento County Deputy Sheriffs' Association
Santa Ana Police Officers Association
Opposition
None
Analysis Prepared
AB 913
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by: Sandy Uribe / PUB. S. / (916) 319-3744