BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 1778 (Quirk) - Postsecondary education:  sexual assault and  
          sexual violence training
          
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          |Version: May 31, 2016           |Policy Vote: ED. 9 - 0          |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: August 1, 2016    |Consultant: Jillian Kissee      |
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          This bill meets the criteria for referral to the Suspense File.




          


          Bill  
          Summary:  This bill requires beginning January 1, 2018, as a  
          condition of receiving student financial assistance,  
          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.


          Fiscal  
          Impact:  
           Costs to the California Community Colleges (CCC) districts are  
            unknown as they would vary depending upon current policies,  
            whether training is in place that complies with the  







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            requirements of this bill, or if not, how each district would  
            deliver the required training.  The CCC Chancellor's Office  
            indicates costs could range from $4,000 to $40,000 per  
            district depending upon how the training is delivered.   
            Therefore statewide costs could range from low hundreds of  
            thousands to low millions to train its staff of roughly  
            89,000.  Costs may be reduced somewhat to the extent a  
            significant number of staff are employed at multiple districts  
            and receive training from one campus only.  Whether these  
            costs would be required to be reimbursed by the state would be  
            determined by the Commission on State Mandates.  Otherwise,  
            these costs would present a cost pressure to the state as  
            community colleges would be required to comply with these  
            requirements in which case less discretionary state funds  
            would be available to meet the existing needs of the colleges.  
             (Proposition 98)

           The University of California (UC) and the California State  
            University (CSU) indicate no additional costs to implement  
            this bill as their current policies already comply with the  
            requirements of this bill.


          Background:  Existing law requires postsecondary institutions to each  
          adopt, and implement, a written procedure 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 must contain  
          specified information, including the college policy regarding  
          sexual assault on campus and personnel on campus who should be  
          notified, and procedures for notification, with the consent of  
          the victim.
          Existing law also requires postsecondary institutions 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.  Institutions must also adopt detailed and  
          victim-centered policies on these topics, including among  
          others, a comprehensive, trauma-informed training program for  
          campus officials involved in investigating and adjudicating  
          sexual assault, domestic violence, dating violence, and stalking  
          cases.  Institutions must, to the extent feasible, enter into  
          agreements with existing on-campus and community-based  








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          organizations to refer students for assistance and implement  
          preventive outreach programs.  Existing law also 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.


          The federal Clery Act requires 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.  It also  
          requires postsecondary institutions to offer prevention and  
          awareness programs to new students and employees regarding rape,  
          domestic and dating violence, sexual assault, and stalking.




          Proposed Law:  
            This bill requires beginning January 1, 2018, as a condition  
          of receiving student financial assistance, the governing board  
          of each community college district, the CSU Trustees, the UC  
          Regents, and the governing boards of independent postsecondary  
          institution to conduct annual training of their respective  
          employees on the employee's obligations in responding to and  
          reporting incidents of sexual assault, domestic violence, dating  
          violence, and stalking involving students.
          This bill also specifies that an employee trained must be deemed  
          to have satisfied the annual training requirement for each  
          campus or community college district within each segment that  
          the employee is employed at for that year.  




          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 is pending in this committee.
          AB 2018 (Ridley-Thomas, 2016) requires annual training for each  








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          employee and administrator of a community college district who  
          is a mandated reporter regarding the detection and reporting of  
          child abuse.  AB 2018 is pending in this committee.


          Staff Comments:  This bill conditions receipt of state financial  
          aid to segments conducting required annual training.  The  
          Commission on State Mandates could determine the training  
          requirement for the CCC to be a state reimbursable mandate based  
          on practical compulsion - that there is no reasonable  
          alternative but to comply.  The UC and CSU are ineligible to  
          submit a claim for reimbursement to the Commission on State  
          Mandates.




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