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 ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: May 6, 2015 |Policy Vote: ED. 7 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: May 18, 2015 |Consultant: Jillian Kissee | | | | ----------------------------------------------------------------- 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. SB 665 (Block) Page 1 of ? 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 SB 665 (Block) Page 2 of ? 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 SB 665 (Block) Page 3 of ? 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. SB 665 (Block) Page 4 of ? 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 SB 665 (Block) Page 5 of ? 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. -- END --