BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:             AB 1778            
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          |Author:    |Quirk                                                |
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          |Version:   |May 31, 2016                               Hearing   |
          |           |Date:  June 22, 2016                                 |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Lenin DelCastillo                                    |
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          Subject:  Postsecondary education:  sexual assault and sexual  
          violence training


           SUMMARY
          
          This bill requires the governing board of each community college  
          district (CCD), the Trustees of the California State University  
          (CSU), the Regents of the University of California (UC), and the  
          governing board of independent postsecondary institutions to  
          conduct annual training of their employees on their obligations  
          in responding to and reporting incidents of sexual assault,  
          domestic violence, dating violence, and stalking involving  
          students.

            BACKGROUND
          
          Existing law:

             1)   Requires the governing board of each community college  
               district, the Trustees of the CSU, the Board of Directors  
               of the Hastings College of the Law, and the Regents of the  
               UC to each adopt, and implement at each campus 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 on  
               grounds maintained by the institution or affiliated student  
               organizations, receive treatment and information.  The  
               written procedures or protocols must contain specified  
               information, including the college policy regarding sexual  







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               assault on campus and personnel on campus who should be  
               notified, and procedures for notification, with the consent  
               of the victim.

             2)   Provides that each victim of sexual assault should  
               receive information about the existence of at least the  
               following options:  criminal prosecutions, civil  
               prosecutions, the disciplinary process through the college,  
               the availability of mediation, alternative housing  
               assignments, and academic assistance alternatives.   
               (Education Code § 67385)

             3)   Requires the governing board of each CCD, the Trustees  
               of the CSU, the Regents of the UC, and the governing boards  
               of independent postsecondary institutions, as specified, to  
               adopt a policy concerning campus sexual violence, domestic  
               violence, dating violence, and stalking that includes  
               specified components and standards in order to receive  
               state funds for student financial assistance.  (Education  
               Code § 67386)  


             4)   Requires the governing board of each community college  
               district and the Trustees of the California State  
               University (CSU), and requests the Regents of the  
               University of California (UC), in collaboration with  
               campus- and community-based victim advocacy organizations,  
               to provide as part of campus orientations, educational and  
               preventive information about sexual violence.

             5)   Requires each campus of the California Community  
               Colleges (CCCs) and the CSU, and requests each campus of  
               the UC, to post sexual violence prevention and education  
               information on its campus Web site.  The information must  
               include specific components including how to file a  
               complaint, and the availability and contact information for  
               resources for victims.

             6)   Requires each campus of the CCCs and the CSU, and  
               requests each campus of the UC, to develop policies to  
               encourage students to report any campus crimes involving  
               sexual violence.  (EC § 67385.7)

            ANALYSIS








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          This bill requires, commencing January 1, 2018, in order to  
          receive state funds for student financial assistance, the  
          governing boards of the community colleges, the CSU Trustees,  
          the UC Regents, and the governing boards of independent  
          postsecondary institutions to conduct annual training of their  
          employees on the employee's obligations in responding to and  
          reporting incidents of sexual assault, domestic violence, dating  
          violence, and stalking involving students, and provides that  
          this training shall satisfy the annual training requirement for  
          the employee.    

          STAFF COMMENTS
          
          1)   Need for the bill.  According to the author's office, "when  
               students experience sexual violence they are likely to  
               report the incident to a trusted coach or resident advisor  
               at their campus, unaware that this person may not be  
               adequately trained to appropriately report and support the  
               victim.  The unfortunate truth is that although certain  
               staff is trained to respond to and report student incidents  
               of sexual violence to the appropriate officials, not all  
               college campuses suitably train every staff member who will  
               interact with a student to do this.  The lack of  
               all-inclusive, annual training may lead to mismanagement of  
               these incident reports, or worse, may inadvertently  
               discourage students from reporting these incidents."

          2)   California State Auditor report.  The State Auditor  
               released a report in June 2014, Sexual Harassment and  
               Sexual Violence:  California Universities Must Better  
               Protect Students by Doing More to Prevent, Respond to, and  
               Resolve Incidents, related to the handling of sexual  
               harassment and sexual violence incidents at the state's  
               public postsecondary institutions.  As part of this audit,  
               the State Auditor reviewed UC Berkeley and UCLA's sexual  
               assault policies and procedures and concluded that  
               California's educational institutions were not properly  
               educating students and training faculty and staff  
               sufficiently on response and reporting of incidents on  
               campus as mandated by Title IX and the Clery Act.  The  
               State Auditor made a series of recommendations to include  
               the expansion of staff training, the improvement of access  
               and content for student education, the 








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               enhancement of communication with students, and the  
               evaluation of summary data collected in order to better  
               identify trends and inform strategies to address incidents  
               on campus. 

          3)   Campus policies consistent with this bill.  California's  
               postsecondary education institutions have taken steps to  
               address the concerns raised in the audit reports and to  
               respond to statutory changes and regulatory guidance by  
               improving processes and outcomes on their campuses.  Both  
               the University of California (UC) and California State  
               University (CSU) have updated their sexual harassment and  
               assault policies, initiated mandatory prevention and  
               response trainings for all students and employees, and  
               established confidential victim advocate offices on every  
               campus.  The CSU and UC have appointed system wide officers  
               charged with ensuring Title IX compliance. 

               The UC Policy on Sexual Violence and Sexual Harassment  
               issued on January 1, 2016, requires, among other  
               provisions, for each campus to conduct "mandatory annual  
               training and education, about prohibited conduct and how  
               conduct can be reported, to all students, faculty, and  
               other academic appointees, and staff in accordance with  
               applicable state and federal law, and University policies."  
                Previously, the UC updated its policies relative to sexual  
               harassment and violence effective February 25, 2014.  These  
               policies included a process for reporting incidents,  
               identification of on- and off-campus resources for victims,  
               and providing prompt and effective response to reports of  
               incidents.


               CSU Executive Order 1096, revised June 23, 2015, requires,  
               among other provisions, mandatory annual training for all  
               employees that includes the rights and responsibilities of  
               each employee relating to the CSU policy and the employee's  
               duty to report.  Prior to that, the CSU updated its  
               policies to reflect the changes to the federal Campus  
               Sexual Violence Elimination Act and related guidance from  
               the U.S. Department of Education, Office for Civil Rights.










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          4)   Federal law.  Federal statutes addressing sexual assault on  
               or around institutions of higher education include Title IX  
               and the Jeanne Clery Disclosure of Campus Security Policy  
               and Campus Crime Statistics Act (Clery Act).

               The Clery Act requires public and private postsecondary  
               educational institutions that receive federal financial aid  
               to disclose information about crimes on and around campuses  
               as well as establish certain rights for victims of sexual  
               assault.  Those rights include notification to victims of  
               the right to file criminal charges, available counseling  
               services, the results of disciplinary proceedings, and the  
               option for victims to change their academic schedule or  
               living arrangements.

               The federal Campus Sexual Violence Elimination Act amended  
               the Clery Act to, among other things, require postsecondary  
               institutions to offer prevention and awareness programs to  
               new students and employees regarding rape, domestic and  
               dating violence, sexual assault, and stalking.  Programs  
               must include a definition of those offenses and consent  
               with reference to sexual offenses.  Institutions are also  
               required to compile statistics of incidents of sexual  
               assault, domestic violence, dating violence and stalking.   
               This Act also requires the Annual Security Report to  
               contain additional information such as prevention programs,  
               procedures once incidents are reported, and possible  
               sanctions following an institutional disciplinary  
               procedure.

          5)   Fiscal impact.  According to the Assembly Appropriations  
               Committee on the previous version of the bill, there would  
               be no additional costs to the California State University  
               (CSU) and University of California (UC), as their existing  
               training practices appear to be consistent with the  
               requirements in this bill.  Additionally, this bill  
               conditions receipt of state funds for student financial aid  
               on community college districts providing the required  
               training.  If a community college district submits a claim  
               for reimbursement, the Commission on State Mandates could  
               determine activities related the training requirement to be  
               a reimbursable based on practical compulsion - that there  
               is no reasonable alternative but to comply with bill's  
               requirement or that failure to comply with this activity  








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               will result in certain and severe penalties.  Though  
               several districts already provide the required training,  
               the bill's mandate means that the state could be liable to  
               reimburse all districts for training costs at each of their  
               campuses.  Assuming costs averaging $2,000 per campus,  
               ongoing statewide costs for the 113 campuses would be  
               $226,000 (General Fund-Prop 98).  The California Student  
               Aid Commission may require additional auditing resources to  
               verify compliance with the training requirement as a  
               condition on colleges' participation in the Cal Grant and  
               other financial aid programs.


          6)   Related legislation.  

               AB 1654 (Santiago, 2016) expands existing audit  
               requirements regarding the reporting of crime statistics by  
               California postsecondary education institutions by  
               requiring the State Auditor to include an evaluation of  
               institutions' compliance with state law governing crime  
               reporting and the development and implementation of student  
               safety policies and procedures.  AB 1654 passed this  
               committee on June 15, 2016 and is now pending in the Senate  
               Appropriations Committee. 

               SB 967 (De Leon, Chapter 748, Statutes of 2014) requires  
               the governing board of each community college district, the  
               Trustees of the CSU, the Regents of the UC, and the  
               governing boards of independent postsecondary institutions,  
               as specified, to adopt a policy concerning campus sexual  
               violence, domestic violence, dating violence, and stalking  
               that includes specified components and standards in order  
               to receive state funds for student financial assistance.

               AB 1433 (Gatto, Chapter 798, Statutes of 2014) requires  
               governing boards of each public and private postsecondary  
               educational institution to adopt and implement policies and  
               procedures governing the reporting of specified crimes to  
               law enforcement agencies.

            SUPPORT
          
          California State Student Association









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            OPPOSITION
           
           None received.

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