BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: SB 665
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|Author: |Block |
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|Version: |April 6, 2015 Hearing |
| |Date: April 29, 2015 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Lynn Lorber |
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Subject: Postsecondary education: preventing and addressing
incidents of rape and ????..sexual assault
SUMMARY
This bill requires the Attorney General to establish a statewide
Title IX Oversight Office, requires postsecondary educational
institutions to report specific data to this office, requires
each student to complete training on rape and sexual assault
awareness and prevention annually. This bill also requires
postsecondary educational institutions to enter into a contract
with a local rape crisis center to provide immediate assistance
for a victim.
BACKGROUND
Existing federal law
The federal Jeanne Clery Disclosure of Campus Security Policy
and Campus Crime Statistics Act (Clery Act) requires public and
private postsecondary educational institutions that receive
federal financial aid to disclose information about crimes on
and around campuses as well as establish certain rights for
victims of sexual assault. The Clery Act requires institutions
to collect, classify and county crime statistics, publish an
Annual Security Report with crime statistics and security
policies, and report crime statistics to the United States
Department of Education. The Clery Act requires reporting of
crimes in seven major categories, some with significant
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sub-categories and conditions, including crimes involving
forcible and non-forcible sex offenses.
The 2013 reauthorization of the federal Violence Against Women
Act, which includes the Campus Sexual Violence Elimination Act,
amended the Clery Act to, among other things, require
postsecondary institutions to offer prevention and awareness
programs to new students and employees regarding rape, domestic
and dating violence, sexual assault, and stalking. Institutions
are also required to compile statistics of incidents of sexual
assault, domestic violence, dating violence and stalking. This
Act also requires the Annual Security Report to contain
additional information such as prevention programs, procedures
once incidents are reported, and possible sanctions following an
institutional disciplinary procedure. The final rule
implementing changes to the Clery Act was issued in October
2014, and is effective July 1, 2015.
State law
Current law requires:
1. The governing board of each community college district,
the Trustees of the California State University, the
Regents of the University of California, and the governing
board of independent postsecondary institutions to adopt a
policy concerning campus sexual violence, domestic
violence, dating violence and stalking that includes
specified components, including the affirmative consent
standard. (Education Code § 67386)
2. 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 to each adopt and
implement at each campus or other facilities, a written
procedure or protocols to ensure, to the fullest extent
possible, that students, faculty and staff who are victims
of sexual assault committed on grounds maintained by the
institution or affiliated student organizations receive
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treatment and information. (EC § 67385)
3. The governing board of each community college district
and the Trustees of the California State University, and
requests the Regents of the University of California, in
collaboration with campus and community-based victim
advocacy organizations, to provide educational and
preventive information about sexual violence as part of
campus orientations. (EC § 67385.7)
4. Each campus of the California Community Colleges and the
California State University, and requests each campus of
the University of California, to post sexual violence
prevention and education information on its campus website.
The information must include specific components including
dating violence, rape, sexual assault, domestic violence
and stalking crimes, how to file a complaint, and the
availability and contact information for resources for
victims. (EC § 67385.7)
5. Each campus of the California Community Colleges and the
California State University, and requests each campus of
the University of California, to develop policies to
encourage students to report any campus crimes involving
sexual violence. (EC § 67385.7)
ANALYSIS
This bill requires postsecondary educational institutions to
enter into a contract with a local rape crisis center to provide
immediate assistance for a victim. This bill requires the
Attorney General to establish a statewide Title IX Oversight
Office, requires postsecondary educational institutions to
report specific data to this office. This bill also requires
each student to complete training on rape and sexual assault
awareness and prevention annually. Specifically, this bill:
Rape Crisis Center
1. Requires the governing board of each community college
district, the Trustees of the California State University,
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the governing board of each independent postsecondary
educational institution, and the Regents of the University
of California to 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 of rape or sexual assault who is
enrolled at one of the campuses.
2. Requires the assistance to include, but not be limited to,
accompanying the victim to the hospital and assisting with
campus and criminal justice system reporting procedures.
Statewide Title IX Oversight Office
1. Requires the Attorney General to establish a statewide
Title IX Oversight Office (office), with the following
authority:
A. Requires the office to 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. Authorizes the office to 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. Requires the office to receive an annual
de-identified report on the total number of
campus-based investigations, the timelines for
investigations, and the outcomes of investigations
regarding incidents of rape and sexual assault that
involve students.
D. Authorizes the office to investigate the
policies, procedures, or investigations of the
postsecondary educational institutions following an
incident of rape or sexual assault and make
recommendations to the Attorney General, district
attorney, or city attorney, to the extent doing so is
in compliance with state and federal law.
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2. Requires the governing boards of postsecondary educational
institutions to report to the office each incident of rape
or sexual assault that involves one or more of their
enrolled students.
Annual training of students
1. Requires 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 to complete annual
training, electronically or in person, on rape and sexual
assault awareness and prevention.
2. Requires the training to include, but not be limited to,
the contract information for the independent advocate who
is designated to provide immediate assistance for a victim.
3. Requires a hold to be placed on the registration of a
student who does not complete the training, until the
student completes the training.
Placement of informational posters
1. Requires postsecondary educational institutions to
ensure that each campus places informational posters in all
buildings, that contain all of the following information:
A. Summaries of the campus' policies on rape and
sexual assault.
B. Contact information for police and campus and
local rape and crisis center offices or
representatives who respond to incidents of rape and
sexual assault.
C. Campus, civil, and criminal penalties for
committing acts of rape and sexual assault.
D. References to the federal Jeanne Clary Disclosure
of Campus Security Policy and Campus Crime Statistics
Act, Title IX, and other relevant state and federal
laws and regulations.
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Condition of receiving state funds
Requires each independent postsecondary educational institution
and the University of California to comply with the requirements
of this bill as a condition of receiving state funds for
financial assistance.
STAFF COMMENTS
1. Need for the bill. According to the author, "The
college campus is a place where students should be free to
learn and grow without the fear of violence.
Unfortunately, a shocking number of students are victimized
by sexual assault in their collegiate careers. Recent
legislative efforts in both the Assembly and Senate have
targeted sexual assault, and SB 665 builds on that work.
This legislation is necessary to provide important training
to college students, additional resources for sexual
assault survivors, and more rigorous oversight of campus
Title IX enforcement and reporting."
2. Author's amendments. The author wishes to amend this
bill as follows:
A. Delete the requirement that postsecondary
educational institutions contract with a local rape
crisis center for an independent advocate, and instead
state legislative intent that victim support services
be available to victims of sexual assault on a 24
hour, 7 day-a-week basis.
B. Clarify that a "dissatisfied" student who
contacts the Attorney General's office is filing a
complaint regarding non-compliance with Title IX, and
that complaints may cover all aspects of Title IX (any
discrimination on the basis of sex).
C. Clarify that postsecondary educational
institutions are to report annually to the Attorney
General, and the Attorney General is to receive, the
total number (each) of incidents of rape or sexual
assault reported to a campus, the number of incidents
that were investigated by the institution, the
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timelines and outcomes of those investigations, the
sanctions imposed by the institution upon any students
involved in the incidents, whether criminal charges
were filed, and the result of any criminal
proceedings.
D. Limit the scope of student training to initial
training for incoming students (freshmen, transfers,
and graduate students) as part of orientation, annual
refresher training or information for all students,
and annual training for resident assistants, members
of fraternities and sororities, and athletes.
E. Clarify that a hold may not be placed on a
student's registration for the first term of the
academic year.
F. Delete the authority for the Attorney General
to assess fines and instead authorize the Attorney
General to establish a process to investigate
complaints, campus policies and procedures, and
investigations.
G. Limit the requirement to post information to
buildings most frequented by students, such as student
housing and dining, the student union, and athletics
facilities.
3. Student training. Current law requires the California
Community Colleges, the California State University, and
requests the University of California to provide
educational and preventive information about sexual
violence as part of campus orientations.
The University of California (UC) updated policies relative
to sexual harassment and violence effective February 25,
2014. Among other things, the UC provides prevention
education programs to all incoming students and ongoing
prevention and awareness campaigns to the University
community to promote awareness of rape and acquaintance
rape, domestic violence, dating violence, sexual assault,
and stalking, including the definition of consent, options
for bystander intervention, and risk reduction awareness
information. Policies also require the identification of
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on- and off-campus resources for reporting sexual
harassment or sexual violence, including law enforcement,
medical, and victim support services.
http://policy.ucop.edu/doc/4000385/SHSV
The California State University (CSU) updated policies that
are effective June 2015, including the requirement that
each campus provide prevention and awareness programs for
all new students, refresher programs at least annually
for all students, twice a year for all students who serve as
advisors in residence halls, annually for all student members of
fraternities and sororities, and annually for all student
athletes.
According to the University of Southern California, the campus
provides sexual assault training as part of freshman orientation
and incorporates refresher courses throughout the school year
for dormitory residents and campus organizations (fraternities,
sororities and athletes).
This bill requires students to complete training on rape and
sexual assault awareness and prevention, but does not prescribe
components of this training other than the inclusion of the
contact information for the independent rape crisis advocate
(the section of this bill related to the independent rape crisis
advocate is being removed from the bill). It is not clear that
the contents of training as required by this bill would
necessarily differ from existing practices that are included in
orientation for incoming students.
This bill, as proposed to be amended, exceeds current training
requirements by:
A. Imposing these requirements on students
attending the UC and independent universities.
B. Requiring all incoming students to receive the
training annually (currently information must be
included as part of orientation).
C. Requiring annual training for resident
assistants, members of fraternities and sororities,
and athletes.
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D. Requiring returning students to complete
refresher training or receive information.
E. Requiring institutions to place a hold on the
registration of students who do not complete the
training.
4. Registration hold. The University of California at
Berkeley (UC Berkeley) requires, beginning with the Fall
2014, all new undergraduate students (freshmen and
transfers) to complete training in sexual assault/violence
prevention. UC Berkeley requires students to complete this
training by October 1, or risk having a hold placed on
registration in the Spring term.
http://survivorsupport.berkeley.edu/education-requirement
The author's amendments include clarification that a hold may
be placed on a student's registration only for the second
or Spring term of the academic year, addressing concerns
that registration holds at the beginning of the school year
may jeopardize students' eligibility for financial aid.
5. Existing reporting requirements. Federal law requires
postsecondary educational institutions to compile general
statistics of incidents of sexual assault, domestic
violence, dating violence and stalking. Each institution's
Annual Security Report must also contain information such
as prevention programs, procedures once incidents are
reported, and possible sanctions following an institutional
disciplinary procedure.
Federal legislation proposes the Campus Accountability and
Safety Act, which includes reporting requirements that are
similar to those proposed by this bill, such as the number
of incidents reported to the Title IX coordinator, the
number of cases processes through the student disciplinary
process, and a description of the final sanction, if any
was imposed.
6. Attorney General's office. The Attorney General's
office currently has an active role in the implementation
of recently-enacted statutory requirements that campuses
report incidents of Part 1 violent crimes, hate crimes, or
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sexual assault, and the adoption of policies that include
affirmative consent and use of the preponderance of
evidence standard. The Attorney General's office is
drafting a campus sexual assault and violence model
Memorandum of Understanding to meet recently-enacted
requirements for campuses to coordinate with law
enforcement in the prevention, reporting and resolution of
incidents of campus sexual assault.
The Attorney General's office does not currently have a role
in the enforcement of Title IX compliance. There is no
state-level governmental entity that addresses Title IX
complaints lodged by postsecondary students. Students
seeking remedy beyond the campus or system level must turn
to the federal Office of Civil Rights.
This bill authorizes the Attorney General to assess fines on
postsecondary educational institutions that do not comply
with policies or laws relating to rape and sexual assault.
It appears that the Attorney General's office does not
currently possess the authority to assess fines in any
regard. The author's amendments delete the authority to
assess fines and instead authorize the Attorney General to
establish a process to investigate complaints, campus
policies and procedures, and investigations.
The author may wish to consider clarifying how to avoid
duplicative or conflicting concurrent investigations if a
complaint is filed with both the Attorney General and the
federal Office of Civil Rights.
7. Posting. Current law requires each community college
and CSU campus, and requests each campus of the University
of California, to post sexual violence prevention and
education information on its campus website. This bill
requires informational posters to be placed in all
buildings on all campuses. The author's amendments clarify
that the posting of information is limited to buildings
most frequented by students, such as student housing and
dining, the student union, and athletics facilities.
8. Impact on community colleges. This bill imposes
significant mandated costs upon community colleges by
requiring training for students and reporting of
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information regarding incidents of sexual assault that
exceed current law.
9. Related and prior legislation.
RELATED LEGISLATION
AB 967 (Williams, 2015) establishes minimum disciplinary
standards and reporting requirements for sexual assault
complaints received by community colleges, CSU, UC and
independent postsecondary educational institutions,
including reporting specific to complaints involving sexual
assault, domestic violence, dating violence and stalking.
AB 967 is pending in the Assembly Appropriations Committee.
PRIOR LEGISLATION
SB 967 (De León, Ch. 748, 2014) requires the governing board
of each community college district, the Trustees of the
California State University, the Regents of the University
of California, and the governing board of independent
postsecondary institutions to adopt a policy concerning
campus sexual violence, domestic violence, dating violence
and stalking that includes specified components.
AB 1433 (Gatto, Ch. 798, 2014) requires governing boards of
each public and private postsecondary educational
institution to adopt and implement policies and procedures
to ensure that any report of a Part 1 violent crime, sexual
assault, or hate crime is immediately forwarded to the
appropriate law enforcement agency.
SUPPORT
Center for Community Solutions
Peace Over Violence
Women Give San Diego
OPPOSITION
None received.
-- END --
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