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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