BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 913


                                                                    Page  1


          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,  








                                                                     AB 913


                                                                    Page  2


            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).)









                                                                     AB 913


                                                                    Page  3


          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,








                                                                     AB 913


                                                                    Page  4



             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).)









                                                                     AB 913


                                                                    Page  5


          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  








                                                                     AB 913


                                                                    Page  6


            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  








                                                                     AB 913


                                                                    Page  7


            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."  








                                                                     AB 913


                                                                    Page  8


            (  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  








                                                                     AB 913


                                                                    Page  9


            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


                                                                    Page  10


          by:              Sandy Uribe / PUB. S. / (916) 319-3744