BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 1439 (Block) - Postsecondary education: academic and administrative employees: disclosure of allegations of sexual harassment ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: March 28, 2016 |Policy Vote: ED. 9 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: April 18, 2016 |Consultant: Jillian Kissee | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: This bill provides that the governing board of a community college district and the Trustees of the California State University (CSU) shall require an application for appointment to an academic or administrative position to disclose any substantiated allegation of sexual harassment. Fiscal Impact: Direct costs to the state in the low hundreds of thousands related to reimbursable mandate costs. Additional unknown cost pressures related to potential investigations and liability resulting from an applicant's disclosure of substantiated allegations of sexual harassment. Mandate costs: The California Community Colleges Chancellor's Office (CCCCO) estimates costs of up to $3,000 per district to make the necessary changes to its application forms, resulting SB 1439 (Block) Page 1 of ? in statewide costs of up to $216,000. To the extent the Commission on State Mandates determined this requirement to be a reimbursable state-mandated activity, there would be pressure to increase the mandate block grant for community colleges. (Proposition 98) Investigations: Though not explicitly required, this bill creates a cost pressure to investigate the disclosures on applications. The CCCCO and the CSU estimate costs related to investigations of new employees of up to $30,000 per investigation. It is unknown how many investigations would occur as a result of these disclosures and how many applicants will actually self-report this information. Liability costs: Both segments cite unknown, potentially significant, costs related to liability resulting from potential lawsuits pursued by applicants who disclosed the required information. The CSU estimates costs of $50,000 per case related to hiring outside counsel. Background: Federal statutes addressing sexual assault on or around institutions of higher education include Title IX and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act). The Clery Act requires public and private postsecondary educational institutions that receive federal financial aid to disclose information about crimes on and around campuses as well as establish certain rights for victims of sexual assault. Those rights include notification to victims of the right to file criminal charges, available counseling services, the results of disciplinary proceedings, and the option for victims to change their academic schedule or living arrangements. The Clery Act also requires postsecondary institutions to compile statistics of incidences of rape, domestic and dating violence, sexual assault, and stalking and offer prevention and awareness programs to new students and employees on these subjects. Current law requires the state's public postsecondary institutions to each adopt, and implement a written procedure or protocols to ensure, to the fullest extent possible, that students, faculty, and staff who are victims of sexual assault receive treatment and information. SB 1439 (Block) Page 2 of ? Current law also requires the governing board of each community college district and the Trustees of the CSU, and requests the Regents of the University of California, to: (1) provide as part of campus orientations, educational and preventive information about sexual violence; (2) to post sexual violence prevention and education information on its campus website; (3) to develop policies to encourage students to report any campus crimes involving sexual violence; and (4) to eliminate barriers for victims who come forward to report sexual assaults. (Education Code § 67385.7) The author's office indicates that professors and instructors currently can avoid the consequences of their actions by moving from one university to the next since their history does not follow them, and that the information as to their misconduct should be considered when hiring decisions are being made. Proposed Law: This bill requires the governing board of a community college district and the Trustees of the CSU to require that an application for appointment to an academic or administrative position 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 substantiating the allegation. This bill also requires that before a decision related to the continued employment of a contract employee, the governing board of a community college must have 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. Related Legislation: AB 1433 (Gatto, Chapter 798, Statutes of 2014) requires postsecondary educational institutions to establish policies regarding the reporting of specified crimes to local law enforcement. SB 967 (De Leon, Chapter 748, Statutes of 2014) requires the governing board of each community college district, the Trustees SB 1439 (Block) Page 3 of ? of the CSU, the Regents of the University of California, and the governing board of independent postsecondary institutions to adopt a policy concerning campus sexual violence, domestic violence, dating violence, and stalking that includes specified components. -- END --