Amended in Senate June 1, 2016

Amended in Senate March 28, 2016

Senate Bill No. 1439

Introduced by Senator Block

February 19, 2016

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

LEGISLATIVE COUNSEL’S DIGEST

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

(1) Under existing law, the segments of postsecondary education in this state include the California State University and the California Community Colleges. Existing law authorizes the governing board of each community college district and the Trustees of the California State University to employ persons in academic and administrative positions in order to carry out the functions of their respective institutions. begin delete 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 delete

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This bill would 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 delete begin delete

The

end delete

begin insert This end insert bill would 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 begin delete allegations of workplace sexual harassment against him or her that resulted in a end delete final begin delete judicial or end delete administrative begin delete decision end delete begin insert decision, as defined, or final judicial decision, as defined, end insert 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: yes. State-mandated local program: 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.  

begin insert (a) end insert begin insert   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 begin delete allegations of workplace
sexual harassment against him or her that resulted in a end delete begin insert final
administrative decision or end insert final judicial begin delete or administrative end delete decision
determining that the applicant committed sexual harassment.

begin insert

(b) For purposes of this section, the following definitions shall
apply:

end insert begin insert

(1) “Final administrative decision” means a final determination
based on the investigative findings of a Title IX compliance
coordinator, or other designated investigator, at a college or
university on a complaint of sexual harassment.

end insert begin insert

(2) “Final judicial decision” means a final determination of a
matter submitted to a court that is recorded in a judgment or order
of that court.

end insert

begin delete

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 Article 4 (commencing with Section 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.

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

end delete

begin delete SEC. 3. end delete

begin insert SEC. 2. end insert   

Section 89521 is added to the Education Code, to read:

89521.  

begin insert (a) end insert begin insert   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 begin delete allegations of workplace sexual harassment against
him or her that resulted in a end delete begin insert final administrative decision or end insert final
judicial begin delete or administrative end delete decision determining that the applicant
committed sexual harassment.

begin insert

(b) For purposes of this section, the following definitions shall
apply:

end insert begin insert

(1) “Final administrative decision” means a final determination
based on the investigative findings of a Title IX compliance
coordinator, or other designated investigator, at a college or
university on a complaint of sexual harassment.

end insert begin insert

(2) “Final judicial decision” means a final determination of a
matter submitted to a court that is recorded in a judgment or order
of that court.

end insert

begin delete SEC. 4. end delete

begin insert SEC. 3. end 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.