Amended in Senate April 6, 2015

Senate Bill No. 665

Introduced by Senator Block

February 27, 2015

An act to begin delete amend Section 67391 end delete begin insert add Chapter 15.8 (commencing with Section 67395) to Part 40 of Division 5 of Title 3 end insert of the Education Code, relating to begin delete public end delete postsecondary education.

LEGISLATIVE COUNSEL’S DIGEST

SB 665, as amended, Block. begin delete Public postsecondary end delete begin insert Postsecondary end insert education: begin insert preventing and addressing incidents of end insert rape and sexual begin delete assault education programs. end delete begin insert assault. end insert

Existing law, the Donahoe Higher Education Act, sets forth the missions and functions of California’s public segments of higher education and their respective institutions of higher education. Provisions of the act apply to the University of California only to the extent that the Regents of the University of California act, by appropriate resolution, to make them applicable. Among other things, the act requires the governing board of each community college district, the Trustees of the California State University, and the Regents of the University of California to adopt and implement a rape and sexual assault education program at each of their respective campuses or other facilities.

This bill would begin delete make nonsubstantive changes to a provision relating to the rape and sexual assault education program end delete begin insert require the governing board of each community college district and the trustees, and as a condition of receiving state funds for student financial aid, the governing board of each independent postsecondary educational institution and the regents, to, among other things, enter into a contract with a local rape crisis center in order to designate an advocate, who is independent from the campus or university, to assist student victims following incidents of rape or sexual assault. The bill would require the Attorney General to establish a statewide Title IX Oversight Office, which would, among other things, serve as a point of contact for students dissatisfied with campus-based policies or investigative procedures designed to prevent or address incidents of rape or sexual assault. The bill would also authorize the oversight office to assess fines on a postsecondary educational institution that does not comply with its campus or systemwide policies, or state or federal laws, regarding rape and sexual assault. The bill would further require all students enrolled at the California Community Colleges, the California State University, each independent postsecondary educational institution, and the University of California to complete annual training, electronic or in person, on rape and sexual assault awareness and prevention, and would require the California State University and the California Community Colleges, and as a condition of receiving state funds for student financial aid, each independent postsecondary educational institution and the University of California, to place a hold on each student’s course registration until the student completes the training. The bill would further require informational posters containing specified information relating to rape and sexual assault to be placed in all buildings on each campus of these institutions end insert .

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By imposing new duties on community college districts, this bill would impose a state-mandated local program.

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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.

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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.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Chapter 15.8 (commencing with Section 67395)
is added to Part 40 of Division 5 of Title 3 of the end insert begin insert Education Code end insert begin insert ,
to read: end insert

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Chapter   begin insert 15.8. end insert Rape and Sexual Assault Awareness and
Prevention

 

begin insert 67395. end insert   

(a) The governing board of each community college
district, the Trustees of the California State University, the
governing board of each independent postsecondary educational
institution, and the Regents of the University of California shall
enter into a contract with a local rape crisis center to designate
an advocate, who is independent from the college or university,
to provide immediate assistance for a victim, who is enrolled at
one of their respective campuses, of rape or sexual assault. That
assistance shall include, but not necessarily be limited to,
accompanying the victim to the hospital and assisting with campus
and criminal justice system reporting procedures.

(b) (1) The Attorney General shall establish a statewide Title
IX Oversight Office. This office shall have the following authority:

(A) The office shall serve as a point of contact for students
dissatisfied with their campus-based policies or investigative
procedures designed to prevent or address incidents of rape and
sexual assault.

(B) The office may assess fines on a postsecondary educational
institution that does not comply with its campus or systemwide
policies, or state or federal laws, relating to rape and sexual
assault.

(C) The office shall receive an annual deidentified report on
the total number of, the campus-based investigative timeliness for,
and the outcomes of campus-based investigations regarding,
incidents of rape and sexual assault that involve students who are
enrolled at a campus of the California Community Colleges, the
California State University, independent postsecondary educational
institutions, or the University of California. The office may
investigate these institutions’ policies, procedures, or
campus-based investigations following an incident of rape or
sexual assault and make recommendations to the Attorney General,
district attorney, or city attorney, as appropriate, to the extent
doing so is in compliance with state and federal law.

(2) The governing board of each community college district,
the Trustees of the California State University, the governing board
of each independent postsecondary educational institution, and
the Regents of the University of California shall report to the Title
IX Oversight Office each incident of rape or sexual assault that
involves one or more of their respective enrolled students for
purposes of subparagraph (C) of paragraph (1).

(c) (1) Each student enrolled at a campus of the California
Community Colleges, the California State University, the
University of California, or an independent postsecondary
educational institution shall complete annual training, electronic
or in person, on rape and sexual assault awareness and prevention.
The training shall include, but not be limited to, the contact
information for the independent advocate who is designated
pursuant to subdivision (a).

(2) A student who does not complete the training described in
paragraph (1) shall have his or her course registration placed on
hold until he or she completes the training.

(d) The governing board of each community college district,
the Trustees of the California State University, the governing board
of independent postsecondary educational institutions, and the
Regents of the University of California shall ensure that each of
their respective campuses place informational posters in all
buildings that contain all of the following information:

(1) Summaries of the campus’ policies on rape and sexual
assault.

(2) Contact information for police and campus and local rape
and crisis center offices or representatives who respond to
incidents of rape and sexual assault.

(3) Campus, civil, and criminal penalties for committing acts
of rape and sexual assault.

(4) References to the Jeanne Clery Disclosure of Campus
Security Policy and Campus Crime Statistics Act (20 U.S.C. Sec.
1092(f)(1) and (5)), Title IX of the Education Amendments of 1972
(20 U.S.C. Sec. 1681 et seq.), and other relevant state and federal
laws and regulations.

(e) As a condition of receiving state funds for financial
assistance, each independent postsecondary educational institution
and the University of California shall comply with the requirements
of this chapter.

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begin insert SEC. 2. end insert   

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If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

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SECTION 1.  

Section 67391 of the Education Code is amended
to read:

67391.  

The governing board of each community college district,
the Trustees of the California State University, the Board of
Directors of the Hastings College of the Law, and the Regents of
the University of California shall, using existing resources, adopt
and implement a rape and sexual assault education program for,
and ensure the maximum feasible participation of, students and
student services professional staff members or student affairs
professional staff members at each of their respective campuses
or other facilities.

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