Amended in Assembly April 23, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 967


Introduced by Assembly Member Williams

(Coauthors: Assembly Members Low, McCarty, and 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 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 maintainedbegin delete byend deletebegin insert by,end insert 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 sexualbegin delete assault, as defined.end deletebegin insert assault.end insert

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, on an annual basis, specified data relating to cases of alleged sexualbegin delete assault.end deletebegin insert assault, domestic violence, dating violence, and stalking.end insert

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:

P2    1

SECTION 1.  

Section 67386.5 is added to the Education Code,
2to read:

3

67386.5.  

(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
P3    1a student who will be involved in that disciplinary proceeding,
2including characteristics such as a student’s membership on an
3athletic team, a student’s academic major, or any other
4characteristic or status of a student.

5(2) The institution shall develop and implement a minimum
6standard of discipline of at least two years suspension, up to
7expulsion, for students found responsible for each of the following:
8rape, forced sodomy, forced oral copulation,begin insert andend insert rape by a foreign
9begin delete object, sexual battery, threat of sexual assault, and any other forms
10of sexual assault.end delete
begin insert object.end insert These minimum standards shall provide
11for specific forms of discipline, to include expulsion, suspension,
12loss of financial aid or scholarships, loss of activity privileges, and
13removal from student housing.

14(b) Notwithstanding Section 67400, in order to receive state
15funds for student financial assistance, the governing board of each
16community college district, the Trustees of the California State
17University, the Regents of the University of California, and the
18governing board of each independent postsecondary institution
19shall report all of the following on an annual basis:

20(1) The number of sexualbegin delete assault casesend deletebegin insert assault, domestic
21violence, dating violence, and stalking complaintsend insert
that were
22begin delete investigatedend deletebegin insert receivedend insert by the institution.

23(2) The number of sexualbegin delete assault casesend deletebegin insert assault, domestic
24violence, dating violence, and stalking complaintsend insert
that were
25begin delete referred for a disciplinary proceeding atend deletebegin insert investigated byend insert the
26 institution.

27(3) The number of sexualbegin delete assault casesend deletebegin insert assault, domestic
28violence, dating violence, and stalking complaintsend insert
that were
29begin delete referred to local or state law enforcement.end deletebegin insert not investigated by the
30institution.end insert

31(4) The number ofbegin delete alleged perpetrators whoend deletebegin insert investigations
32conducted pursuant to paragraph (2) in which the respondentsend insert

33 were found responsible at the disciplinary proceedings of the
34institution.

35(5) The number ofbegin delete alleged perpetrators who were found notend delete
36begin insert investigations conducted pursuant to paragraph (2) in which the
37respondents were not foundend insert
responsible at the disciplinary
38proceedings of the institution.

begin delete

39(6) A description of and the number of final sanctions imposed
40by the institution for each offense perpetrated.

end delete
begin delete

P4    1(7) The number of disciplinary proceedings at the institution
2that closed without resolution.

end delete
begin insert

3(6) The number of disciplinary sanctions imposed on
4respondents who were found responsible as determined pursuant
5to paragraph (4), disaggregated by the type of discipline imposed
6in, at minimum, the following categories:

end insert
begin insert

7(A) Expulsion.

end insert
begin insert

8(B) Suspension of at least two years.

end insert
begin insert

9(C) Suspension of fewer than two years.

end insert
begin insert

10(D) Probation.

end insert

11(c) For purposes of this section, “sexualbegin delete assault” includes, but
12is not limited to, rape, forced sodomy, forced oral copulation, rape
13by a foreign object, sexual battery, or a threat of sexual assault
14involving a student, whether on or off campus.end delete
begin insert assault, domestic
15violence, dating violence, and stalking” refer to all of the
16categories of misconduct in the institution’s policy adopted
17pursuant to Section 67386.end insert

18(d) The information reported pursuant to this section shall be
19reported in a manner that provides appropriate protections for the
20privacy of individuals involved, including, but not necessarily
21limited to, protection of the confidentiality of the alleged victim
22and of the alleged perpetrator.



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