AB 2654, as introduced, Bonilla. Postsecondary education: Equity in Higher Education Act.
Existing law, known as the Donahoe Higher Education Act, sets forth, among other things, the missions and functions of California’s public and independent segments of higher education and their respective institutions of higher education. A provision of the act applies to the University of California only to the extent that the Regents of the University of California, by appropriate resolution, act to make the provision applicable.
A portion of the Donahoe Education Act known as the Equity in Higher Education Act requires, among other things, each postsecondary educational institution in the State of California to have a written policy on sexual harassment. Existing law requires the postsecondary educational institution’s written policy on sexual harassment to include information on where to obtain the specific rules and procedures for reporting charges of sexual harassment and for pursuing available remedies.
This bill would require a postsecondary educational institution to post its written policy on sexual harassment on its Internet Web site. The bill would require the policy to include specific rules and procedures for pursuing available remedies and resources, both on and off campus. By requiring community colleges to include additional information in their written policy on sexual harassment and to post the policy on their Internet Web site, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 66281.5 of the Education Code is
2amended to read:
(a) It is the policy of the State of California, pursuant
4to Section 66251, that all persons, regardless of their sex, should
5enjoy freedom from discrimination of any kind in the
6postsecondary educational institution of the state. The purpose of
7this section is to provide notification of the prohibition against
8sexual harassment as a form of sexual discrimination and to provide
9notification of available remedies.
10(b) Each postsecondary educational institution in the State of
11California shall have a written policy on sexualbegin delete harassment.end delete
12begin insert harassment, which shall
be available on its Internet Web site.end insert It
13is the intent of the Legislature that each educational institution in
14this state include this policy in its regular policy statement rather
15than distribute an additional written document.
16(c) The postsecondary educational institution’s written policy
17on sexual harassment shall include information on where to obtain
18the specific rules and procedures for reporting charges of sexual
19harassment and for pursuing availablebegin delete remedies.end deletebegin insert remedies and
20resources, both on and off campus.end insert
21(d) A copy of the postsecondary educational institution’s written
22policy on sexual harassment shall be displayed in a prominent
23location in the main
administrative building or other area of the
24campus or schoolsite. “Prominent location” means that location,
25or those locations, in the main administrative building or other
P3 1area where notices regarding the institution’s rules, regulations,
2procedures, and standards of conduct are posted.
3(e) A copy of the postsecondary educational institution’s written
4policy on sexual harassment, as it pertains to students, shall be
5provided as part of any orientation program conducted for new
6students at the beginning of each quarter, semester, or summer
7session, as applicable.
8(f) A copy of the postsecondary educational institution’s written
9policy on sexual harassment shall be provided for each faculty
10member, all members of the administrative staff, and all members
11of the support staff at the beginning of the first quarter or semester
12of the school year, or at the time that there is a new
employee
13hired.
14(g) A copy of the postsecondary educational institution’s written
15policy on sexual harassment shall appear in any publication of the
16institution that sets forth the comprehensive rules, regulations,
17procedures, and standards of conduct for the institution.
If the Commission on State Mandates determines that
19this act contains costs mandated by the state, reimbursement to
20local agencies and school districts for those costs shall be made
21pursuant to Part 7 (commencing with Section 17500) of Division
224 of Title 2 of the Government Code.
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