Amended in Senate May 6, 2015

Amended in Senate April 6, 2015

Senate Bill No. 665

Introduced by Senator Block

February 27, 2015

An act to add Chapter 15.8 (commencing with Section 67395) to Part 40 of Division 5 of Title 3 of the Education Code, relating to postsecondary education.

LEGISLATIVE COUNSEL’S DIGEST

SB 665, as amended, Block. Postsecondary education: preventing and addressing incidents of rape and sexual 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 begin delete 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 end delete 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 begin insert who are end insert dissatisfied with campus-based policies or investigative procedures designed to prevent or address incidents of rape or sexual assault. begin insert The bill would require the office to receive complaints from students regarding the students’ campuses’ noncompliance with Title IX of the Education Amendments of 1972. end insert The bill would also authorize the oversight office to begin delete assess fines on a postsecondary educational institution that does not comply with its campus or systemwide policies, or state or federal laws, end delete begin insert establish a process to investigate these complaints, and campus-based policies and investigative procedures end insert regarding rape and sexual assault. The bill would further require begin delete all end delete students enrolled at the California Community Colleges, the California State University, each independent postsecondary educational institution, and the University of California to begin insert receive information or to end insert complete begin insert a form of end insert annual training, electronic or in person, on rape and sexual assault awareness and prevention, begin delete and end delete begin insert as specified. The bill end insert would begin insert further end insert require the California State begin delete University and end delete begin insert University, end insert the California Community Colleges, begin delete and as a condition of receiving state funds for student financial aid, end delete each independent postsecondary educational begin delete institution end delete begin insert institution, end insert and the University of begin delete California, end delete begin insert California end insert to place a hold on begin delete each student’s end delete begin insert the end insert course registration begin insert of each student who does not complete required training by the end of the first term of the academic year end insert 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 begin delete all end delete buildings begin insert that are most frequented by students, including student housing and dining areas, the student union, and athletic facilities, end insert on each campus of these institutions.

begin insert

This bill would provide that compliance with its terms is a condition of receipt of state funds for financial assistance for the University of California and each independent postsecondary educational institution.

end insert

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: yes. State-mandated local program: 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

 

begin delete

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.

end delete

begin insert

begin insert 67395. end insert   

end insert begin insert

(a) It is the intent of the Legislature that 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 make available, on a 24-hour,
7-day-a-week basis, victim support services to assist a victim of
rape or sexual assault who is enrolled at one of their respective
campuses.

end insert

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

(A) The office shall serve as a point of contact for students begin insert who
are end insert dissatisfied with begin delete their end delete begin insert the end insert campus-based policies or
investigative procedures designed to prevent or address incidents
of rape and sexual assault begin insert at their respective campuses end insert .

begin insert

(B) The office shall receive complaints from students regarding
the students’ campuses’ noncompliance with any aspect of Title
IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681, et
seq.).

end insert begin delete

(B)

end delete

begin insert (C) end insert  The office may begin delete 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. end delete
begin insert establish a process to investigate campus-based policies and
investigative procedures relating to rape and sexual assault and
complaints filed pursuant to subparagraph (B). end insert

begin delete

(C)

end delete

begin insert (D) end insert  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 begin insert regarding,
whether criminal charges were filed for, and the outcomes of
criminal proceedings end insert 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 begin insert annually end insert report to
the Title IX Oversight Office each incident of rape or sexual assault
that involves one or more of their respective enrolled begin delete students end delete
begin insert students, the number of those incidents that were investigated by
the institution, the timelines and outcomes of those investigations,
the sanctions that were imposed by the institution on students who
were involved, whether criminal charges were filed as to those
incidents, and the outcomes of those criminal proceedings end insert for
purposes of subparagraph begin delete (C) end delete begin insert (D) end insert of paragraph (1).

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

begin insert

(B) Each resident assistant, member of a fraternity or sorority,
and student athlete, who is enrolled at a campus of the California
Community Colleges, the California State University, the
University of California, or an independent postsecondary
educational institution, shall, at the commencement of each
academic year, complete comprehensive training, electronic or in
person, on rape and sexual assault awareness and prevention.

end insert

begin insert (C) end insert begin insert   end insert begin insert Each student, not described in subparagraph (B), who is
enrolled at a campus of the California Community Colleges, the
California State University, the University of California, or an
independent postsecondary educational institution shall annually
receive information or complete refresher training, electronic or
in person, on rape and sexual assault awareness and prevention. end insert

begin insert

(D) No student shall be required to complete the comprehensive
training pursuant to subparagraphs (A) and (B) or the refresher
training pursuant to subparagraph (C) more than once in the same
academic year. No student shall be required to complete the
comprehensive and refresher training in the same academic year.

end insert

(2) A student who does not complete the training described in
paragraph (1) begin insert by the end of the first term of the academic year end insert
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 begin delete all
buildings that end delete begin insert buildings that are most frequented by students,
including student housing and dining areas, the student union,
and athletic facilities. These informational posters shall end insert 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.