BILL ANALYSIS Ó
AB 2654
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Date of Hearing: April 19, 2016
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Jose Medina, Chair
AB 2654
(Bonilla) - As Amended March 28, 2016
SUBJECT: Postsecondary education: Equity in Higher Education
Act
SUMMARY: Requires each postsecondary educational institution in
the State of California to include in its written policy on
sexual harassment information on the complaint process and the
timeline for the complaint process, and make the policy
available on its website.
EXISTING LAW:
1)Establishes the Equity in Higher Education Act (Act) and
outlines various requirements and policies in order to ensure
all persons, regardless of disability, gender, gender
identity, gender expression, race or ethnicity, religion,
sexual orientation, or any other protected class equal rights
and opportunities in the postsecondary educational
institutions of California. (Education Code 66250 et seq.)
2)Provides, within the Act, that each postsecondary educational
institution shall have a written policy on sexual harassment
that includes information on where to obtain specific rules
and procedures for reporting charges. Provides that the
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policy shall be provided to each faculty member, all
administrative staff, and all members of support staff at the
beginning of the first quarter or semester of the school year,
or at the time of new hire. Provides that the policy shall
appear in any publication of the institution that sets forth
comprehensive rules, regulations, procedures or standards of
conduct for the institution. (EC Sec. 66281.5)
3)Provides an exemption to the Act, including the rules
governing sexual harassment policies, for educational
institutions that are controlled by a religious organization,
if the application would not be consistent with the religious
tenets of the organization. (EC Sec. 66271)
FISCAL EFFECT: Unknown
COMMENTS: Purpose of this bill. According to the author, in
light of recent incidences of sexual misconduct at University of
California, it is important that both students and employees are
aware of campus harassment policies and resources. The author
points to the UC Berkeley example of four highly paid employees
who violated the University of California's sexual misconduct
policy. The harassment incidences involved an astronomy
professor, the dean of the law school, a vice chancellor, and an
assistant coach. AB 2654 updates California law to ensure that
the written sexual harassment policy is available on college and
university websites. The sexual harassment policy also provides
guidance to college campus communities on how they can access on
and off campus resources.
According to the author, it is important that students and
faculty have easy access to each higher education institution's
policy. A simple posting of such policies on-line can markedly
improve access. AB 2654 also recognizes that students should be
made aware of community resources and organizations which assist
with issues of sexual harassment. This is especially important
in the event that a student does not feel comfortable pursuing
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campus established remedies or finds those avenues ineffective.
Exemption for religious institutions. As noted, under Existing
Law, religious institutions are provided an exemption to the
requirements of the Act, and therefore also the requirements of
this bill. Moving forward, the author and committee may wish to
consider whether exemptions to these requirements are necessary
and appropriate.
REGISTERED SUPPORT / OPPOSITION:
Support
National Association of Social Workers, California Chapter
Opposition
None on File
Analysis Prepared by:Laura Metune / HIGHER ED. / (916) 319-3960
AB 2654
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