BILL NUMBER: AB 967	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Williams
   (Coauthor: Assembly Member Rendon)

                        FEBRUARY 26, 2015

   An act to add Section 67386.5 to the Education Code, relating to
postsecondary education.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 967, as introduced, Williams. Postsecondary education: sexual
assault cases.
   Existing law establishes the University of California, under the
administration of the Regents of the University of California, the
California State University, under the administration of the Trustees
of the California State University, the California Community
Colleges, under the administration of the Board of Governors of the
California Community Colleges, and independent institutions of higher
education as the segments of postsecondary education in this state.
   Existing law requires the governing board of each community
college district, the Trustees of the California State University,
the Regents of the University of California, if they adopt a
specified resolution, and the Board of Directors of the Hastings
College of the Law to 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 at or
upon the grounds of, or upon off-campus grounds or facilities
maintained by the institution, receive treatment and information.
   This bill would require, in order to receive state funds for
student financial assistance, the governing board of each community
college district, the Trustees of the California State University,
the Regents of the University of California, and the governing board
of each independent postsecondary institution to adopt and carry out
a uniform process, applicable to each campus of the institution, for
disciplinary proceedings relating to any claims of sexual assault, as
defined.
   The bill would additionally require, in order to receive state
funds for student financial assistance, the governing board of each
community college district, the Trustees of the California State
University, the Regents of the University of California, and the
governing board of each independent postsecondary institution to
report specified data relating to cases of alleged sexual assault.
   The bill would also require that the information reported pursuant
to these provisions to be reported in a manner that provides
appropriate protections for the privacy of individuals involved,
including, but not necessarily limited to, protection of the
confidentiality of the alleged victim and of the alleged perpetrator.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 67386.5 is added to the Education Code, to
read:
   67386.5.  (a) Notwithstanding Section 67400, in order to receive
state funds for student financial assistance, the governing board of
each community college district, the Trustees of the California State
University, the Regents of the University of California, and the
governing board of each independent postsecondary institution shall
adopt and carry out a uniform process, applicable to each campus of
the institution, for disciplinary proceedings relating to any claims
of sexual assault. At a minimum, the policies shall conform to both
of the following:
   (1) The institution shall not carry out a different disciplinary
process on the same campus for a matter of sexual violence, or alter
the uniform process based on the status or characteristics of a
student who will be involved in that disciplinary proceeding,
including characteristics such as a student's membership on an
athletic team, a student's academic major, or any other
characteristic or status of a student.
   (2) The institution shall develop and implement a minimum standard
of discipline for students found responsible for each of the
following: rape, forced sodomy, forced oral copulation, rape by a
foreign object, sexual battery, threat of sexual assault, and any
other forms of sexual assault. These minimum standards shall provide
for specific forms of discipline, to include expulsion, suspension,
loss of financial aid or scholarships, loss of activity privileges,
and removal from student housing.
   (b) Notwithstanding Section 67400, in order to receive state funds
for student financial assistance, the governing board of each
community college district, the Trustees of the California State
University, the Regents of the University of California, and the
governing board of each independent postsecondary institution shall
report all of the following on an annual basis:
   (1) The number of sexual assault cases that were investigated by
the institution.
   (2) The number of sexual assault cases that were referred for a
disciplinary proceeding at the institution.
   (3) The number of sexual assault cases that were referred to local
or state law enforcement.
   (4) The number of alleged perpetrators who were found responsible
at the disciplinary proceedings of the institution.
   (5) The number of alleged perpetrators who were found not
responsible at the disciplinary proceedings of the institution.
   (6) A description of and the number of final sanctions imposed by
the institution for each offense perpetrated.
   (7) The number of disciplinary proceedings at the institution that
closed without resolution.
   (c) For purposes of this section, "sexual assault" includes, but
is not limited to, rape, forced sodomy, forced oral copulation, rape
by a foreign object, sexual battery, or a threat of sexual assault
involving a student, whether on or off campus.
   (d) The information reported pursuant to this section shall be
reported in a manner that provides appropriate protections for the
privacy of individuals involved, including, but not necessarily
limited to, protection of the confidentiality of the alleged victim
and of the alleged perpetrator.