BILL ANALYSIS Ó
AB 1653
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Date of Hearing: March 15, 2016
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Jose Medina, Chair
AB 1653
(Weber) - As Introduced January 13, 2016
SUBJECT: Postsecondary education: campus climate
SUMMARY: Requires the California Community Colleges (CCC) Board
of Governors (BOG), the California State University (CSU)
Trustees, and the governing body of each private postsecondary
educational institution in the state, and encourages the
University of California (UC) Regents, to each generate a
report, as specified, pertaining to campus climate; and,
requires the California Department of Justice (DOJ) to provide
guidance to the governing bodies of the specified postsecondary
institutions on compliance with the Jeanne Clery Disclosure of
Campus Security Policy and Campus Crime Statistics Act (Clery
Act) and the Violence Against Women Act (VAWA) Reauthorization
of 2013. Specifically, this bill:
1)Requires the CCC BOG and the CSU Trustees, and the governing
body of each private postsecondary educational institution, as
defined, and encourages the UC Regents, to generate a report
once every biennium of the legislative session, beginning with
the 2017-2018 Regular Session.
2)Specifies that the report shall include, all of the following
as to the respective segment:
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a) New and recent administrative efforts intended to affect
campus climate;
b) Recent campus program developments that impact campus
climate related to the following: i) Gender, ii) Race,
iii) Ethnicity, iv) National origin, v) Religion, vi)
Sexual orientation, vii) Disability, and viii) Gender
identity;
c) New and recent administrative efforts to reduce student
food insecurity and student homelessness; and,
d) Data, including, but not limited to, both of the
following: i) Student demographic data, and ii) Crime
data, including, but not limited to, the data required to
be kept and disclosed in accordance with the Clery Act (20
U.S.C. Sec. 1092(f)) and the VAWA Reauthorization of 2013
(20 U.S.C. Sec. 1092(f)(8)), and other hate crime
statistics.
3)Requires the CCC BOG, the CSU Trustees, and the governing body
of each private postsecondary educational institution, as
defined, and encourages the UC Regents, to each post the
respective segment's report on its Internet Web site; and, to
send said report to the Governor, the Attorney General, and
the appropriate policy committees of the Legislature.
4)Specifies that the CCC BOG shall request the information, as
specified for the report, from community college districts and
that the CCC BOG report shall be based on data made available
from participating community college districts.
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5)Requires the DOJ to provide guidance to the CCC BOG, the CSU
Trustees, the UC Regents, and the governing body of each
private postsecondary educational institution, as defined, on
compliance with the Clery Act and the VAWA Reauthorization of
2013.
6)Specifies that if the CSU Trustees and the governing board of
each community college district expend funds to support
activities related to campus climate, as defined, the Trustees
and the governing board of each community college district
shall adopt and publish policies on harassment, intimidation,
and bullying to be included within the rules and regulations
governing student behavior within their respective segments of
public postsecondary education.
7)Requests the UC Regents to adopt and publish policies on
harassment, intimidation, and bullying to be included within
their rules and regulations governing student behavior.
8)Declares that the Legislature intends that rules and
regulations governing student conduct be published, at a
minimum, on the Internet Web site of each public postsecondary
educational campus and as part of any printed material
covering those rules and regulations within the respective
public postsecondary education system.
9)Defines "campus climate" to mean a measure of an individual's
experience within a learning environment, specifically on the
current attitudes, practices, policies, and behaviors of
campus life that impact the success and retention of all
members of a campus community.
10)Specifies that if the Commission on State Mandates determines
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that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those
costs shall be made, as specified.
EXISTING LAW:
1)Declares it a goal of public higher education that educational
equity be achieved through educational environments in which
each person, regardless of race, gender, gender identity,
gender expression, sexual orientation, age, disability or
economic circumstances has a reasonable chance to fully
develop his or her potential (Education Code (EC) Section
66010.2).
2)Provides that it is the policy of the State of California to
afford all persons, regardless of disability, gender, gender
identity, gender expression, nationality, race or ethnicity,
religion, sexual orientation, or any other basis that is
contained in the prohibition of hate crimes set forth in Penal
Code Section 422.6(a), equal rights and opportunities in the
postsecondary institutions of the state (EC Section 66251).
3)Provides that all students have the right to participate fully
in the educational process, free from discrimination and
harassment and that California's postsecondary educational
institutions have an affirmative obligation to combat racism,
sexism, and other forms of bias, and a responsibility to
provide equal educational opportunity; and declares the
Legislature's intent that each postsecondary educational
institution undertake educational activities to counter
discriminatory incidents on school grounds and, within
constitutional bounds, to minimize and eliminate a hostile
environment on school grounds that impairs the access of
students to equal educational opportunities (EC Section
66252).
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4)Requests the UC Regents, CSU Trustees, and the governing board
of each community college district to adopt and publish
policies on harassment, intimidation, and bullying to be
included within the rules and regulations governing student
behavior within their respective segments of public
postsecondary education (EC Section 66302).
5)The Clery Act requires colleges and universities, as a
condition of federal student aid program participation, to
publish annual campus security reports, maintain crime logs,
provide timely warnings of crimes that present a public safety
risk, and maintain ongoing crime statistics.
6)The VAWA Reauthorization of 2013 recognizes native tribes'
inherent power to exercise "special domestic violence criminal
jurisdiction" over certain defendants, regardless of their
Indian or non-Indian status, who commit acts of domestic
violence or dating violence or violate certain protection
orders in Indian country.
FISCAL EFFECT: Unknown
COMMENTS: Background. Out of concern regarding recent campus
climate issues at various campuses of higher education, in the
past few years there have been several oversight hearings
convened by this Committee to look at campus climate issues.
Additionally, in the 2013-14 Legislative Session, the Speaker of
the Assembly created the Assembly Select Committee on Campus
Climate; which convened several hearings in 2014 and 2015, with
the goal of continuing to strengthen overall campus climate for
our postsecondary institutions of higher learning. The Select
Committee issued a report in October of 2014. Additionally,
released in July of 2015, Report 2015-032 by the State Auditor
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recommended that the Legislature should require the DOJ to
provide guidance regarding compliance with the requirements of
the Clery Act and the VAWA Reauthorization of 2013.
This measure is the result of recommendations from the two
aforementioned reports.
Public postsecondary institutions of higher learning response to
campus climate. The UC seeks to create and nurture an
atmosphere of respect and inclusion for all; in March 2014 the
UC (after a two-year systemwide survey), released its campus
climate study. The study found many things, including, but not
limited to the following: 1) 79% of all respondents were
comfortable or very comfortable with the campus climate at UC,
while 7% were uncomfortable or very uncomfortable; 2) more than
half of all respondents thought that the overall campus climate
was very respectful or respectful of various races/ethnicities
at UC; and, 3) more work must be done to address issues faced by
certain groups - underrepresented minority respondents were less
comfortable with the overall climate and workplace climate than
were white respondents and other people of color and transgender
respondents were less comfortable with the overall climate at
their campus than were men and women respondents.
To note: 1) many UC campuses have hired staff focused on campus
climate issues; 2) many programs are offered to reduce the
impact of unconscious bias in hiring and promotions, and to
identify and remove institutional barriers to inclusion an
career development; 3) resource and student service centers have
been established at many campuses for certain populations (such
as undocumented students, veteran students, and LGBT students);
4) anti-hate initiatives exist at many UC campuses that seek to
educate students; and, 5) many UC campuses have student-led and
cultural activities.
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The CSU is committed to maintaining an inclusive community that
values diversity and fosters tolerance and mutual respect. It
is CSU policy to provide equal opportunity for all persons
regardless of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical
condition, genetic information, marital status, sex, gender,
gender identity, gender expression, age, sexual orientation, and
veteran status.
The CSU has policies in place to help ensure that their students
and faculty are protected; campuses must implement preventative
education programs and make available victim resources,
including comprehensive victim services. Information regarding
these programs must be included in: 1) orientation programs for
new students, faculty and staff; 2) training for students who
serve as advisors in residence halls; and, 3) training for
student athletes and coaches.
Additionally, on a campus by campus basis, the CSU has created
an advisory body of non-CSU experts to advise and opine to the
CSU how to strengthen and enforce existing polices, as well as
advise if there is a need to create more policies that will
allow the CSU to maintain its policy of protection for all.
Purpose of this measure. According to the author, "With the
lack of involvement, and funding of the California Postsecondary
Education Commission, coordination between segments of higher
education has diminished." The author contends that each campus
handles campus climate in different methods; some campuses have
successful programs that other campuses may want to replicate on
their respective campus.
The author states, "By requiring a report on recent developments
on campus climate, California's higher education institutions
would keep key policymakers informed about new and ongoing
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endeavors and developments in regards to campus climate. This
bill would also allow the general public (students, community
organizations, staff, and faculty) to have additional
information to help navigate and find information as well as
resources to succeed in higher education."
Policy consideration. To note, in recent years, California
student safety laws, as outlined in EC Sections 67380 - 67386,
have increased various reporting obligations to the
postsecondary institutions of higher learning (segments).
According to the public segments, neither the Legislature nor
any appropriate state agencies have provided the segments any
guidance on the meaning of the various terms and reporting
mandates, as contained in said code sections.
The continued changes to the state student safety laws pose
potential implementation problems for the segments. Committee
staff understands that the segments have understanding of the
various reporting requirements set forth in the Clery Act, but
not necessarily recent changes to the state student safety laws.
Moving forward, instead of mandating DOJ to provide guidance on
the Clery Act and the VAWA Reauthorization of 2013 to the
segments, the author may wish to instead mandate that the DOJ
provide guidance to the segments on the state imposed laws.
Previous and related legislation. AB 1654 (Santiago) of 2016,
which passed out of the Assembly Public Safety Committee with a
vote of 7 - 0 on March 1, 2016, would, among others, task the
DOJ to provide guidance to colleges on the Clery Act.
AB 340 (Weber) of 2015, which was vetoed by the Governor, was
similar in nature to the provisions contained in this measure.
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REGISTERED SUPPORT / OPPOSITION:
Support
Asian Pacific Islander American Public Affairs Association
Black Parallel School Board of Sacramento
California Federation of Teachers
The Arc and United Cerebral Palsy California Collaboration
Opposition
None on file.
Analysis Prepared by:Jeanice Warden / HIGHER ED. / (916)
319-3960
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