BILL NUMBER: SB 1439 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 28, 2016
INTRODUCED BY Senator Block
FEBRUARY 19, 2016
An act to amend Section 87607 of, and to add Sections 87604.5
and 89521 to, the Education Code, relating to postsecondary
education.
LEGISLATIVE COUNSEL'S DIGEST
SB 1439, as amended, Block. Postsecondary education:
sexual harassment prevention. academic and
administrative employees: disclosure of allegations of sexual
harassment .
Under
(1) Under existing law, the
segments of postsecondary education in this state are the
University of California, include the California
State University, University and the
California Community Colleges, independent institutions of
higher education, and private postsecondary educational institutions.
Colleges. Existing law requires
authorizes the governing board of each community
college district, district and the
Trustees of the California State 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. 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.
This bill would 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. 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.
The bill would require community college district
governing boards and the Tru stees 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.
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.
(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.
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.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 87604.5 is added to the
Education Code , to read:
87604.5. 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.
SEC. 2. Section 87607 of the Education
Code is amended to read:
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
the provisions of Article 4 (commencing with
Section 87660) of this chapter, 87660),
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.
(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.
(d)
( e) The governing board has considered the
statement of evaluation and the recommendations in a lawful meeting
of the board.
SEC. 3. Section 89521 is added to the
Education Code , to read:
89521. 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.
SEC. 4. 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.
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.