BILL NUMBER: SB 665 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Block
FEBRUARY 27, 2015
An act to amend Section 67391 add Chapter
15.8 (commencing with Section 67395) to Part 40 of Division 5 of
Title 3 of the Education Code, relating to public
postsecondary education.
LEGISLATIVE COUNSEL'S DIGEST
SB 665, as amended, Block. Public postsecondary
Postsecondary education: preventing and addressing
incidents of rape and sexual assault education
programs. assault.
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 make nonsubstantive changes to a
provision relating to the rape and sexual assault education program
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 .
By imposing new duties on community college districts, 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: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 15.8 (commencing with Section
67395) is added to Part 40 of Division 5 of Title 3 of the
Education Code , to read:
CHAPTER 15.8. RAPE AND SEXUAL ASSAULT AWARENESS AND PREVENTION
67395. (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.
SEC. 2. 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.
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.