BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                       AB 967


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          ASSEMBLY THIRD READING


          AB  
          967 (Williams)


          As Amended  June 1, 2015


          Majority vote


           ------------------------------------------------------------------- 
          |Committee       |Votes |Ayes                 |Noes                 |
          |                |      |                     |                     |
          |                |      |                     |                     |
          |----------------+------+---------------------+---------------------|
          |Higher          |13-0  |Medina, Baker,       |                     |
          |Education       |      |Bloom, Chávez,       |                     |
          |                |      |Harper, Irwin,       |                     |
          |                |      |                     |                     |
          |                |      |                     |                     |
          |                |      |Jones-Sawyer,        |                     |
          |                |      |Levine, Linder, Low, |                     |
          |                |      |Santiago, Weber,     |                     |
          |                |      |Williams             |                     |
          |                |      |                     |                     |
          |----------------+------+---------------------+---------------------|
          |Appropriations  |14-0  |Gomez, Bigelow,      |                     |
          |                |      |Bonta, Calderon,     |                     |
          |                |      |Chang, Daly, Eggman, |                     |
          |                |      |Eduardo Garcia,      |                     |
          |                |      |Gordon, Holden,      |                     |
          |                |      |Quirk, Rendon,       |                     |
          |                |      |Weber, Wood          |                     |
          |                |      |                     |                     |
          |                |      |                     |                     |
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                                                                       AB 967


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          SUMMARY:  Establishes minimum disciplinary standards and reporting  
          requirements for sexual assault complaints received by California  
          Community College districts (CCD), California State University  
          (CSU), the University of California (UC) and independent  
          postsecondary educational institutions.  Specifically, this bill:   



          1)Requires, in order to receive state funds for student financial  
            assistance, the governing board of a CCD, the Trustees of the  
            CSU, the Regents of the UC, and the governing board of each  
            independent postsecondary institution to adopt and carry out a  
            uniform process, applicable to each campus, for disciplinary  
            proceedings related to claims of sexual assault.


          2)Requires the policies to conform to the following:


             a)   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.


             b)   The institution shall develop and implement a minimum  
               standard of discipline of at least two years suspension, up  
               to expulsion, for students found responsible for rape, forced  
               sodomy, forced oral copulation, or rape by a foreign object.


             c)   Requires minimum standards to provide for specific forms  
               of discipline, to include expulsion, suspension, loss of  








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               financial aid or scholarships, loss of activity privileges,  
               and removal from student housing.


          3)Requires, in order to receive state funds for student financial  
            assistance, the governing board of a CCD, the Trustees of the  
            CSU, the Regents of the UC, and the governing board of each  
            independent postsecondary institution to report, by April 1,  
            2017, and each year thereafter,  all of the following from 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 2)  
               above, in which the respondents were found responsible at the  
               disciplinary proceedings of the institution.


             e)   The number of investigations conducted pursuant to 2)  
               above, 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, disaggregated by the  








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               type of discipline imposed in, at minimum, the categories of  
               expulsion, suspension of at least two years, suspension of  
               fewer than two years, and probation.


          4)Requires the information to be reported in a manner that  
            provides appropriate protections for the privacy of those  
            involved, including, but not necessarily limited to, protection  
            of the confidentiality of the alleged victim and of the alleged  
            perpetrator; and, sunsets the aforementioned reporting  
            requirements on December 31, 2021.


          EXISTING LAW:  


          1)Requires, under the Kristen Smart Campus Safety Act, UC Regents,  
            CSU Trustees, CCD governing boards, and independent colleges  
            that meet specified conditions to enter into specific written  
            agreements with local law enforcement agencies regarding the  
            coordination and responsibilities for investigating Part 1  
            violent crimes which occur on campus. (Education Code (EDC)  
            Section 67381)
          2)Requires public and independent postsecondary institutions, as a  
            condition of receipt of student aid funds, to adopt a policy  
            concerning campus sexual violence, domestic violence, dating  
            violence, and stalking that includes specified components and  
            standards, including an "affirmative consent" standard for  
            determining whether consent was given by both parties to sexual  
            activity.  Establishes a preponderance of evidence as the  
            evidentiary standard for determining if sexual  
            violence/harassment occurred. (EDC Section 67386)


          3)Requires, under the federal Jeanne Clery Disclosure of Campus  
            Security Policy and Campus Crime Statistics Act (Clery Act),  
            public and private postsecondary educational institutions that  
            participate in the federal financial aid program to disclose  
            information about crimes on and around campuses. (20 United  








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            States Code (U.S.C.) Section 1092(f))


          4)Requires, under federal Title IX (20 U.S.C. Sections 1681 to  
            1688), public and private postsecondary educational institutions  
            that participate in the federal financial aid program to  
            establish certain rights for victims of sexual assault.


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, assuming average costs of around $3,000 per community  
          college district, statewide potential reimbursable state mandated  
          costs would be $216,000 (General Fund-Proposition 98 (1988))  
          annually.  Any costs to UC and CSU will be absorbable.


          COMMENTS:  According to the author, "the state of California has  
          an obligation to provide a safe and secure learning environment at  
          our college and university campuses.  Students, families, and the  
          general public need assurance that colleges and universities take  
          campus sexual assault seriously.  The Washington Post obtained  
          data from approximately 100 institutions surveyed in 2012 and  
          2013; in regards to campus sanctions in sexual assault cases they  
          discovered that out of 478 sanctions for sexual assault, only 12%  
          resulted in expulsion and 28% resulted in suspensions."


          The author believes that in order to address rape culture on  
          college campuses, there needs to be meaningful sanctions that  
          truly serve as a deterrent.  This bill is intended to provide  
          clear and consistent direction to colleges and universities on  
          imposing sanctions for sexual assault, and will require reporting  
          of adjudication outcome data to ensure compliance with these  
          standards.  




          Analysis Prepared by:                                               








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                          Laura Metune / HIGHER ED. / (916) 319-3960  FN:  
          0000736