BILL ANALYSIS Ó
AB 1653
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CONCURRENCE IN SENATE AMENDMENTS
AB
1653 (Weber)
As Amended August 15, 2016
Majority vote
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|ASSEMBLY: |59-17 |(June 2, 2016) |SENATE: |29-10 |(August 22, |
| | | | | |2016) |
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Original Committee Reference: HIGHER ED.
SUMMARY: Requires the California Community Colleges (CCC) Board
of Governors (BOG), the California State University (CSU)
Trustees, the governing body of each private postsecondary
educational institution in the state, and encourages each
University of California (UC) campus, to generate a report every
two years, as specified, pertaining campus climate.
The Senate amendments delete the requirement for specified
public and private postsecondary educational institutions to
adopt and publish policies on harassment, intimidation, and
bullying; and, make technical clarifying changes.
EXISTING LAW:
1)Declares it a goal of public higher education that educational
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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).
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).
FISCAL EFFECT: According to the Senate Appropriations
Committee:
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1)Likely minor costs to the CCC and the CSU to implement this
bill.
2)One-time cost pressure to UC of up to $100,000 update the
campus climate reporting portal to collect data and allow for
data analysis to the extent it chooses to comply with the
requirements of the bill. In addition, UC indicates that
every two years it would incur costs of $420,000 system wide
related to collecting and analyzing data to generate a campus
climate report (General Fund).
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
recommended that the Legislature should require the Department
of Justice (DOJ) to provide guidance regarding compliance with
the requirements of the Clery Act and the Violence Against Women
Act (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
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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.
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.
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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
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."
Previous and related legislation. AB 1654 (Santiago) of the
current legislative session, which is awaiting action by the
Governor, 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.
Analysis Prepared by:
Jeanice Warden / HIGHER ED. / (916) 319-3960
FN: 0004213
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