BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 665 (Block) - Postsecondary education:  preventing and  
          addressing incidents of rape and sexual assault
          
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          |Version: May 6, 2015            |Policy Vote: ED. 7 - 0          |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: May 18, 2015      |Consultant: Jillian Kissee      |
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          This bill meets the criteria for referral to the Suspense File.


          Bill  
          Summary:  This bill requires, as a condition of receiving state  
          funds for financial assistance, (1) the Attorney General to  
          establish a statewide Title IX Oversight Office; (2)  
          postsecondary educational institutions to report specific data  
          to this office; (3) each student to complete training on rape  
          and sexual assault awareness and prevention annually; and (4)  
          informational posters to be placed in buildings that are most  
          frequented by students.  


          Fiscal  
          Impact:  
           Significant state costs of up to approximately $10 million.   
            These costs are attributable to reimbursable state mandated  
            costs for activities required of the California Community  
            Colleges (CCC) and the establishment of the Attorney General's  
            Title IX Oversight Office required by this bill.  See staff  
            comments.







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           Cost pressure at each independent postsecondary educational  
            institution to make available, 24-hour, 7-day per week victim  
            support services to assist victims of rape or sexual assault.


          Background:  
           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 and classify 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. 

          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.  

           State Law  
          Current state law requires 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) 



          It also requires postsecondary intuitions, including Hastings  
          College of the Law, to each adopt and implement at each campus  








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          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 treatment and information.  (EC § 67385) 
          Current law requires 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) 


          Each campus of the California Community Colleges and the  
          California State University are required, and each campus of the  
          University of California is requested, 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) 


          Finally, each campus of the California Community Colleges and  
          the California State University are required, and each campus of  
          the University of California is requested, to develop policies  
          to encourage students to report any campus crimes involving  
          sexual violence.  (EC § 67385.7) 




          Proposed Law:  
           This bill includes legislative intent that each public and  
          independent postsecondary educational institution make  
          available, 24-hour, 7-day per week victim support services to  
          assist a victim of rape or sexual assault who is enrolled at one  
          of their respective campuses.  

          This bill requires the Attorney General to establish a statewide  
          Title IX Oversight Office to serve as a point of contact for  
          students who are dissatisfied with the campus-based policies or  
          investigative procedures designed to prevent or address  








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          incidents of rape and sexual assault at their respective  
          campuses.  The office is required to receive complaints from  
          students regarding their campus' noncompliance with any aspect  
          of Title IX of the Education Amendments of 1972 (20 U.S.C. Sec.  
          1681, et seq.).  The office is authorized to establish a process  
          to investigate campus-based policies and investigative  
          procedures related these complaints.

          This bill requires postsecondary educational institutions to  
          annually report to the Title IX Oversight Office the following:

             1.   Each incident of rape or sexual assault that involves  
               one or more of their respective enrolled students;

             2.   The number of those incidents that were investigated by  
               the institution;

             3.   The timelines and outcomes of those investigations;

             4.   The sanctions that were imposed by the institution on  
               students who were involved;

             5.   Whether criminal charges were filed; and

             6.   The outcomes of those criminal proceedings.

          The bill authorizes the Title IX Oversight Office to investigate  
          the 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 that  
          doing so is in compliance with state and federal law.

          This bill also requires that at the beginning of the year, each  
          incoming student of a postsecondary educational institution  
          complete comprehensive training on rape and sexual assault  
          awareness and prevention.  Specified students, such as student  
          athletes and members of fraternities or sororities, are required  
          to take this training at the beginning of every academic year.   
          All other students are required to complete a refresher training  
          annually.  If these trainings are not completed by the end of  
          the first term of the academic year, the student will not be  
          able to register for courses until the training is completed. 









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          Finally this bill requires institutions to ensure that each of  
          their respective campuses place informational posters in  
          buildings that are most frequented by students that include: (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 who respond to incidents of rape and  
          sexual assault; (3) campus, civil, and criminal penalties for  
          committing these acts; and references to the Clery Act and other  
          relevant law.


          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. 

          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 boards 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 violent crime (as specified), sexual assault, or  
          hate crime is immediately forwarded to the appropriate law  
          enforcement agency. 

          Staff Comments:  The following are anticipated costs that will  
          be incurred by the entities impacted by this bill.
          
           Department of Justice (DOJ):  The DOJ indicates that the  
          requirement for the Attorney General to establish a Title IX  
          Oversight Office and carry out required activities would cost  
          between $1 million to $2 million annually for 10 positions. 

           CCC:  The CCC indicates that this bill would increase costs  








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          ranging from $6.6 million to $8 million and these costs would be  
          reimbursable if the Commission on State Mandates deemed the  
          requirements to be a reimbursable state mandate.  Most of these  
          costs are attributable to additional staffing to enforce the  
          registration hold for students that fail to complete the  
          required training as well as implementing the specified training  
          statewide.

           CSU:  The CSU indicates that it is already implementing the  
          training requirements of this bill.  Additional activities  
          required by this bill such as reporting to the Attorney General  
          and the creation and dissemination of posters are expected to be  
          minor and absorbable.

           UC:  The UC indicates that this bill largely reflects existing  
          efforts.  However, in their view, it is unclear how the  
          university might have to work with the new Attorney General's  
          office and not enough information exists to be able to identify  
          specific costs associated with that workload.

           All Segments:  The bill's legislative intent that each of the  
          state's postsecondary educational institutions make victim  
          support services available 24-hours per day and 7 days per week,  
          creates a major cost pressure to do so.


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