BILL NUMBER: SB 1439 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 1, 2016
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, to the
Education Code, relating to postsecondary education.
LEGISLATIVE COUNSEL'S DIGEST
SB 1439, as amended, Block. Postsecondary education: academic and
administrative employees: disclosure of allegations of
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. 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 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
This 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 allegations of workplace sexual
harassment against him or her that resulted in a final
judicial or administrative decision
decision, as defined, or final judicial decision, as
defined, 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. (a) 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 administrative decision
or final judicial or administrative decision
determining that the applicant committed sexual harassment.
(b) For purposes of this section, the following definitions shall
apply:
(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.
(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.
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.
SEC. 3. SEC. 2. Section 89521 is
added to the Education Code, to read:
89521. (a) 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 administrative decision or final judicial
or administrative decision determining that the applicant
committed sexual harassment.
(b) For purposes of this section, the following definitions shall
apply:
(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.
(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.
SEC. 4. SEC. 3. 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.