Amended in Senate July 14, 2015

Amended in Assembly June 1, 2015

Amended in Assembly April 23, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 967

Introduced by Assembly Member Williams

(Coauthors: Assembly Members begin insert Bonilla, Cristina  end insert begin insert Garcia, end insert Low, McCarty, begin delete and Rendon end delete begin insert Rendon, Rodriguez, and Waldron end insert )

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 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 begin delete assault. end delete begin insert assault as defined by the institution’s adopted sexual assault policies. end insert

The bill would additionally require, until December 31, 2021, 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 or before begin delete April end delete begin insert October end insert 1, 2017, and on an annual basis thereafter, specified data relating to cases of alleged sexual assault, domestic violence, dating violence, and stalking. begin insert The bill would require that report to be posted on the respective institution’s Internet Web site in a manner easily accessible to students. 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:

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 begin insert of registered students end insert relating to any
claims of sexual begin delete assault. end delete begin insert assault as end insert begin insert defined by an institution’s
policies adopted pursuant to Section 67386. end insert 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 begin delete violence, end delete begin insert assault
as end insert begin insert defined by an institution’s policies adopted pursuant to Section
67386, end insert 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)  begin insert (A) end insert begin insert   end insert The institution shall develop and implement begin delete a minimum
standard end delete begin insert consistent standards end insert of discipline begin delete of at least two years
suspension, up to expulsion, end delete for begin insert registered end insert students found
responsible for begin delete each of the following: rape, forced sodomy, forced
oral copulation, and rape by a foreign object. end delete begin insert sexual assault as end insert
begin insert defined by an institution’s policies adopted pursuant to Section
67386. end insert These begin delete minimum end delete standards shall provide for specific forms
of discipline, to include expulsion, suspension, loss of begin insert institutional end insert
financial aid or scholarships, loss of activity privileges, and
removal from student housing.

begin insert

(B) It is the intent of the Legislature that the standards of
discipline developed and implemented by institutions be fair,
objective, and consistent, and, for the most egregious violations
of the institution’s sexual assault policies, provide for a minimum
suspension of at least two years up to, and including, expulsion.

end insert

(b) (1) 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 on or before begin delete April end delete begin insert October end insert 1, 2017, and annually
thereafter, all of the following information for the prior calendar
year:

(A) The number of sexual assault, domestic violence, dating
violence, and stalking complaints that were received by the
institution.

(B) The number of sexual assault, domestic violence, dating
violence, and stalking complaints that were investigated by the
institution.

(C) The number of sexual assault, domestic violence, dating
violence, and stalking complaints that were not investigated by
the institution.

(D) The number of investigations conducted pursuant to
subparagraph (B) in which the respondents were found responsible
at the disciplinary proceedings of the institution.

(E) The number of investigations conducted pursuant to
subparagraph (B) in which the respondents were not found
responsible at the disciplinary proceedings of the institution.

(F) The number of disciplinary sanctions imposed on
respondents who were found responsible as determined pursuant
to subparagraph (D) disaggregated by the type of discipline
imposed in, at minimum, the following categories:

(i) Expulsion.

(ii) Suspension of at least two years.

(iii) Suspension of fewer than two years.

(iv) Probation.

begin insert

(G) The number of cases that were closed for other reasons.

end insert begin insert

(2) The report required pursuant to paragraph (1) shall be
posted on the institution’s Internet Web site in a manner easily
accessible to students.

end insert begin delete

(2)

end delete

begin insert (3) end insert  This subdivision shall remain in effect only until December
31, 2021.

(c) For purposes of this section, “sexual assault, domestic
violence, dating violence, and stalking” refer to all of the categories
of misconduct in the institution’s policy adopted pursuant to
Section 67386.

(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 begin delete perpetrator. end delete begin insert perpetrator, consistent with the
federal Family Educational Rights and Privacy Act end insert begin insert (20 U.S.C.
Sec. 1232g). end insert