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
          
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          |Version: March 28, 2016         |Policy Vote: ED. 9 - 0          |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: April 18, 2016    |Consultant: Jillian Kissee      |
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          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  







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            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.  








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          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  








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          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.




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