AB 2654, as amended, 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.begin insert The bill would require the end insertbegin insertpolicy to include information on the complaint process and the timeline for the complaint process.end insert The bill would require the policy to includebegin insert information on where to obtain theend insert 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 writtenbegin delete policyend deletebegin insert
policiesend insert on sexual harassment and to post thebegin delete policyend deletebegin insert policiesend insert on their Internet Webbegin delete site,end deletebegin insert sites,end insert 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, including information on the complaint process and
13the timeline for the complaint process,end insert which shall be available
14on its Internet Web site. It is the intent of the Legislature that each
15educational institution in this state include this policy in its regular
16policy statement rather than distribute an additional written
17document.
18(c) The postsecondary educational institution’s written policy
19on sexual harassment shall include information on where to obtain
20the specific rules and procedures for reporting charges of sexual
P3 1harassment and for pursuing available remedies and resources,
2both on and off campus.
3(d) A copy of the postsecondary educational institution’s written
4policy on sexual harassment shall be displayed in a prominent
5location
in the main administrative building or other area of the
6campus or schoolsite. “Prominent location” means that location,
7or those locations, in the main administrative building or other
8area where notices regarding the institution’s rules, regulations,
9procedures, and standards of conduct are posted.
10(e) A copy of the postsecondary educational institution’s written
11policy on sexual harassment, as it pertains to students, shall be
12provided as part of any orientation program conducted for new
13students at the beginning of each quarter, semester, or summer
14session, as applicable.
15(f) A copy of the postsecondary educational institution’s written
16policy on sexual harassment shall be provided for each faculty
17member, all members of the administrative staff, and all members
18of the support
staff at the beginning of the first quarter or semester
19of the school year, or at the time that there is a new employee
20hired.
21(g) A copy of the postsecondary educational institution’s written
22policy on sexual harassment shall appear in any publication of the
23institution that sets forth the comprehensive rules, regulations,
24procedures, and standards of conduct for the institution.
If the Commission on State Mandates determines that
26this act contains costs mandated by the state, reimbursement to
27local agencies and school districts for those costs shall be made
28pursuant to Part 7 (commencing with Section 17500) of Division
294 of Title 2 of the Government Code.
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