BILL NUMBER: SB 1439 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 1, 2016
AMENDED IN SENATE JUNE 1, 2016
AMENDED IN SENATE MARCH 28, 2016
INTRODUCED BY Senator Block
FEBRUARY 19, 2016
An act to add Sections 87604.5 and 89521
87 604.5, 89521, and 92612.1 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 sexual harassment.
(1) Under existing law, the segments of postsecondary education in
this state include the California State
University of California, 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. The California Constitution
provides that the University of California constitutes a
public trust administered by the Regents of the University of
California, a corporation in the form of a board, with full powers of
organization and government, subject to legislative control only for
specified purposes.
This bill would require community college district
governing boards and the Regents of the University of
California, the Trustees of the California State
University University, and the community college
district governing boards to require that an
application as part of the hiring process for
an 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 final administrative decision, as defined, or final
judicial decision, as defined, determining that the applicant
committed sexual harassment. The bill would prohibit the
University of California, the California State University, or a
community college district from asking an applicant to disclose,
orally or in writing, information concerning any final administrative
decision or final judicial decision described above, including any
inquiry about an applicable decision on any employment application,
until it has determined that the applicant meets the minimum
employment qualifications stated in the notice issued for the
position.
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 as part of
the hiring process for an appointment to an academic
or administrative position with that district include a
requirement that the applicant disclose any final
administrative decision or final judicial decision determining that
the applicant committed sexual harassment.
(b) A community college district shall not ask an applicant to
disclose, orally or in writing, information concerning any final
administrative decision or final judicial decision described in
subdivision (a), including any inquiry about an applicable decision
on any employment application, until the community college district
has determined that the applicant meets the minimum employment
qualifications stated in the notice issued for the position.
(c) This section shall not be construed to prevent a community
college district from conducting a background check after complying
with subdivision (b).
(b)
(d) 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 89521 is added to the Education Code, to read:
89521. (a) The trustees shall require that an
application as part of the hiring process for
an appointment to an academic or administrative position
with the California State University include a requirement
that the applicant disclose any final administrative
decision or final judicial decision determining that the applicant
committed sexual harassment.
(b) The California State University shall not ask an applicant to
disclose, orally or in writing, information concerning any final
administrative decision or final judicial decision described in
subdivision (a), including any inquiry about an applicable decision
on any employment application, until the California State University
has determined that the applicant meets the minimum employment
qualifications stated in the notice issued for the position.
(c) This section shall not be construed to prevent the California
State University from conducting a background check after complying
with subdivision (b).
(b)
(d) 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. 3. Section 92612.1 is added to the
Education Code , to read:
92612.1. (a) The regents shall require as part of the hiring
process for an appointment to an academic or administrative position
with the University of California that the applicant disclose any
final administrative decision or final judicial decision determining
that the applicant committed sexual harassment.
(b) The University of California shall not ask an applicant to
disclose, orally or in writing, information concerning any final
administrative decision or final judicial decision described in
subdivision (a), including any inquiry about an applicable decision
on any employment application, until the University of California has
determined that the applicant meets the minimum employment
qualifications stated in the notice issued for the position.
(c) This section shall not be construed to prevent the University
of California from conducting a background check after complying with
subdivision (b).
(d) 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. 3. 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.