AB 967, as amended, 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 reportbegin insert, on an annual basis,end insert 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 67386.5 is added to the Education Code,
2to read:
(a) Notwithstanding Section 67400, in order to
4receive state funds for student financial assistance, the governing
5board of each community college district, the Trustees of the
6California State University, the Regents of the University of
7California, and the governing board of each independent
8postsecondary institution shall adopt and carry out a uniform
9process, applicable to each campus of the institution, for
10disciplinary proceedings relating to any claims of sexual assault.
11At a minimum, the policies shall conform to both of the following:
12(1) The institution shall not carry out a different disciplinary
13process on the same campus for a matter of sexual violence, or
14alter
the uniform process based on the status or characteristics of
15a student who will be involved in that disciplinary proceeding,
P3 1including characteristics such as a student’s membership on an
2athletic team, a student’s academic major, or any other
3characteristic or status of a student.
4(2) The institution shall develop and implement a minimum
5standard of disciplinebegin insert of at least two years suspension, end insertbegin insertup to
6expulsion,end insert for students found responsible for each of the following:
7rape, forced sodomy, forced oral copulation, rape by a foreign
8object, sexual battery, threat of sexual assault, and any other forms
9of sexual assault. These minimum standards shall provide
for
10specific forms of discipline, to include expulsion, suspension, loss
11of financial aid or scholarships, loss of activity privileges, and
12removal from student housing.
13(b) Notwithstanding Section 67400, in order to receive state
14funds for student financial assistance, the governing board of each
15community college district, the Trustees of the California State
16University, the Regents of the University of California, and the
17governing board of each independent postsecondary institution
18shall report all of the following on an annual basis:
19(1) The number of sexual assault cases that were investigated
20by the institution.
21(2) The number of sexual assault cases that were referred for a
22disciplinary proceeding at the
institution.
23(3) The number of sexual assault cases that were referred to
24local or state law enforcement.
25(4) The number of alleged perpetrators who were found
26responsible at the disciplinary proceedings of the institution.
27(5) The number of alleged perpetrators who were found not
28responsible at the disciplinary proceedings of the institution.
29(6) A description of and the number of final sanctions imposed
30by the institution for each offense perpetrated.
31(7) The number of disciplinary proceedings at the institution
32that closed without resolution.
33(c) For purposes of this section, “sexual assault” includes, but
34is not limited to, rape, forced sodomy, forced oral copulation, rape
35by a foreign object, sexual battery, or a threat of sexual assault
36involving a student, whether on or off campus.
37(d) The information reported pursuant to this section shall be
38reported in a manner that provides appropriate protections for the
39privacy of individuals involved, including, but not necessarily
P4 1limited to, protection of the confidentiality of the alleged victim
2and of the alleged perpetrator.
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