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