Amended in Senate March 28, 2016

Senate Bill No. 1439

Introduced by Senator Block

February 19, 2016

An act begin insert to amend Section 87607 of, and to add Sections 87604.5 and 89521 to, the Education Code, end insert relating to postsecondary education.

LEGISLATIVE COUNSEL’S DIGEST

SB 1439, as amended, Block. Postsecondary education: begin delete sexual harassment prevention. end delete begin insert academic and administrative employees: disclosure of allegations of sexual harassment end insert begin insert . end insert

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Under

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begin insert (1) end insert begin insert   end insert begin insert Under end insert existing law, the segments of postsecondary education in this state begin delete are the University of California, end delete begin insert include end insert the California State begin delete University, end delete begin insert University and end insert the California Community begin delete Colleges, independent institutions of higher education, and private postsecondary educational institutions. end delete begin insert Colleges. end insert Existing law begin delete requires end delete begin insert authorizes end insert the governing board of each community college begin delete district, end delete begin insert district and end insert the Trustees of the California State begin delete 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. end delete begin insert University to employ persons in academic and administrative positions in order to carry out the functions of their respective institutions. Existing law specifically requires community college district governing boards, among other things, to consider the evaluations of district contract employees before making a decision relating to the continued employment of those contract employees, as specified. end insert

This bill would begin delete express the intent of the Legislature to enact legislation that would provide students attending postsecondary educational institutions in California with a learning environment free from sexual harassment. end delete begin insert additionally require community college district governing boards, before making decisions relating to the continued employment of contract employees, to have knowledge of any allegations of workplace sexual harassment against those contract employees that resulted in final judicial or administrative decisions determining that the employee committed sexual harassment. end insert

begin insert The bill would end insert begin insert require community college district governing boards and the Trustees of the California State University to require that an application for appointment to an academic or administrative position with that district or with the California State University, as appropriate, include a requirement that the applicant disclose any allegations of workplace sexual harassment against him or her that resulted in a final judicial or administrative decision determining that the applicant committed sexual harassment. end insert

begin insert

To the extent that these provisions would impose new requirements on community college district governing boards, this bill would constitute a state-mandated local program.

end insert begin insert

(2)  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.

end insert begin insert

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.

end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 87604.5 is added to the end insert begin insert Education Code end insert begin insert ,
to read: end insert

begin insert

begin insert 87604.5. end insert   

The governing board of a community college district
shall require that an application for appointment to an academic
or administrative position with that district include a requirement
that the applicant disclose any allegations of workplace sexual
harassment against him or her that resulted in a final judicial or
administrative decision determining that the applicant committed
sexual harassment.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 87607 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

87607.  

Before making a decision relating to the continued
employment of a contract employee, the following requirements
shall be satisfied:

(a) The employee has been evaluated in accordance with the
evaluation standards and procedures established in accordance
with begin delete the provisions of end delete Article 4 (commencing with Section begin delete 87660)
of this chapter, end delete begin insert 87660), end insert a fact determined solely by the governing
board.

(b) The governing board has received statements of the most
recent evaluations.

(c) The governing board has received recommendations of the
superintendent of the district and, if the employee is employed at
a community college, the recommendations of the president of
that community college.

begin insert

(d) The governing board has knowledge of any allegations of
workplace sexual harassment against the employee that resulted
in a final judicial or administrative decision determining that the
employee committed sexual harassment.

end insert begin delete

(d)

end delete

begin insert ( end insert begin insert e) end insert  The governing board has considered the statement of
evaluation and the recommendations in a lawful meeting of the
board.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 89521 is added to the end insert begin insert Education Code end insert begin insert , to read: end insert

begin insert

begin insert 89521. end insert   

The trustees shall require that an application for
appointment to an academic or administrative position with the
California State University include a requirement that the applicant
disclose any allegations of workplace sexual harassment against
him or her that resulted in a final judicial or administrative
decision determining that the applicant committed sexual
harassment.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert begin insert

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.

end insert

begin delete

SECTION 1.  

It is the intent of the Legislature to enact
legislation that would provide students attending postsecondary
educational institutions in California with a learning environment
free from sexual harassment.

end delete