BILL ANALYSIS Ó
SB 1439
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SENATE THIRD READING
SB
1439 (Block)
As Amended August 1, 2016
Majority vote
SENATE VOTE: 36-1
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Higher |12-0 |Medina, Baker, Bloom, | |
|Education | |Chávez, Irwin, | |
| | |Jones-Sawyer, Levine, | |
| | |Linder, Low, | |
| | |Santiago, Weber, | |
| | |Williams | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |20-0 |Gonzalez, Bigelow, | |
| | |Bloom, Bonilla, | |
| | |Bonta, Calderon, | |
| | |Chang, Daly, Eggman, | |
| | |Gallagher, Eduardo | |
| | |Garcia, Holden, | |
| | |Jones, Obernolte, | |
| | |Quirk, Santiago, | |
| | |Wagner, Weber, Wood, | |
SB 1439
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| | |Chau | |
| | | | |
| | | | |
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SUMMARY: Requires the University of California (UC), the
California State University (CSU) and the California Community
Colleges (CCC) to require applicants for employment, as
specified, to disclose information regarding final
administrative findings of sexual harassment. Specifically,
this bill:
1)Requires the governing board of a CCC district, the Trustees
of a CSU, and the regents of the UC to require that an
application for appointment to an academic or administrative
position include a requirement that the applicant disclose any
final administrative decision or final judicial decision
determining that the applicant committed sexual harassment.
2)Provides that an applicant shall not be asked to disclose the
aforementioned information until it has been determined that
the applicant meets the minimum employment qualifications
stated in the notice issued for the position.
3)Defines the following terms:
a) "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.
b) "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.
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EXISTING LAW:
1)Requires the governing board of public, private, and
independent postsecondary educational institutions that
receive public funds for student financial assistance to
compile records of crimes on campus, make crime records
available upon request, and to disclose a reported Part 1
violent crime, sexual assault, or hate crime, to the local law
enforcement agency where the campus is located. (Education
Code Section (EDC) 67380, 67383)
2)Requires, under the Kristen Smart Campus Safety Act, UC
Regents, CSU Trustees, CCC governing boards, and independent
colleges that meet specified conditions to enter into specific
written agreements with local law enforcement agencies
regarding the coordination and responsibilities for
investigating Part 1 violent crimes which occur on campus.
(EDC Section 67381)
3)Requires public postsecondary educational institutions to each
adopt, and implement at each campus or other facilities, a
written procedure or protocols to ensure, to the fullest
extent possible, that students, faculty and staff who are
victims of sexual assault committed on grounds maintained by
the institution or affiliated student organizations, receive
treatment and information. The written procedures or
protocols must contain specified information. (EDC Section
67385.)
4)Requires public postsecondary educational institutions, and
requests UC, in collaboration with campus- and community-based
victim advocacy organizations, to provide as part of campus
orientations, educational and preventive information about
sexual violence and to develop policies to encourage students
to report any campus crimes involving sexual violence. (EDC
Section 67385.7.)
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5)Requires public and independent postsecondary institutions, as
a condition of receipt of student aid funds, to adopt a policy
concerning campus sexual violence, domestic violence, dating
violence, and stalking that includes specified components and
standards, including an "affirmative consent" standard for
determining whether consent was given by both parties to
sexual activity. Establishes a preponderance of evidence as
the evidentiary standard for determining if sexual
violence/harassment occurred. (EDC Section 67386)
6)Requires, under the federal Jeanne Clery Disclosure of Campus
Security Policy and Campus Crime Statistics Act (Clery Act),
public and private postsecondary educational institutions that
participate in the federal financial aid program to disclose
information about crimes on and around campuses. (20 United
States Code (U.S.C.) Section 1092(f))
7)Requires, under federal Title IX (20 U.S.C. sections
1681-1688), public and private postsecondary educational
institutions that participate in the federal financial aid
program to establish certain rights for victims of sexual
assault, including:
a) Institutions are responsible for immediately and
effectively responding to any sexual harassment or violence
that creates a hostile environment. The institution must
eliminate the harassment or violence, prevent its
recurrence, and address its effects. Regardless of whether
a student chooses to file a complaint with the institution,
the institution is responsible for investigating and taking
appropriate steps to resolve the situation. A criminal
investigation does not relieve the school of its duty under
Title IX.
b) Institutions must have and distribute policies against
sex discrimination; the policy must state that inquiries
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concerning Title IX may be referred to the institution's
Title IX coordinator or to the Office of Civil Rights
(OCR).
c) Institutions must have a designated Title IX coordinator
and notify students and employees of the name and contact
information for the Title IX coordinator. The coordinator
is responsible for overseeing all complaints of sex
discrimination, which include harassment and assault, and
identifying and addressing patterns or systemic problems.
d) Institutions are required to have and make known the
procedures for students to file complaints of sex
discrimination, and procedures must provide for prompt and
equitable resolution of sex discrimination complaints. All
complainants must have the right to present his or her
case, including the right to a full investigation, to
present witnesses and evidence, and to an appeal process
(available to both parties).
e) Establishes a preponderance of the evidence standard
(more likely than not) when determining if sexual
harassment or violence occurred.
f) Provides complainants the right to be notified of the
outcome of the complaint, including the sanction.
Complainants cannot be required to abide by a nondisclosure
agreement.
g) Authorizes grievance procedures to include voluntary
informal methods (such as mediation) for resolving some
types of sexual harassment complaints. However, mediation
is not appropriate in cases involving allegations of sexual
assault.
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FISCAL EFFECT: According to the Assembly Appropriations
Committee, any costs for districts, CSU, and UC to modify their
hiring processes to implement the bill's disclosure requirement
should be minor and absorbable.
COMMENTS: Purpose of this bill. According to the author, "the
current practice of hiring professors at California colleges and
universities does not take into account the potential
candidate's history of sexual harassment or misconduct when a
negative decision has been rendered. Professors who have been
investigated for workplace sexual harassment at a university and
found to have violated sexual harassment rules do not have to
disclose that they were previously investigated and disciplined
when they apply for a position at another university. In
addition, hiring universities do not have access to these
applicants' disciplinary history. Consequently, universities
may inadvertently hire professors who have a history of
misconduct and pose a serious threat to the well-being of their
students. Professors and instructors can avoid the consequences
of their actions by moving from one university to the next since
their history does not follow them. The information as to their
misconduct should be considered when hiring decisions are being
made."
Analysis Prepared by:
Laura Metune / HIGHER ED. / (916) 319-3960 FN:
0003886
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