BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 1439|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
UNFINISHED BUSINESS
Bill No: SB 1439
Author: Block (D), et al.
Amended: 8/15/16
Vote: 21
SENATE EDUCATION COMMITTEE: 9-0, 4/6/16
AYES: Liu, Block, Hancock, Huff, Leyva, Mendoza, Monning, Pan,
Vidak
SENATE APPROPRIATIONS COMMITTEE: 6-0, 5/27/16
AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza
NO VOTE RECORDED: Nielsen
SENATE FLOOR: 36-1, 6/2/16
AYES: Allen, Anderson, Bates, Beall, Berryhill, Block,
Cannella, De León, Fuller, Galgiani, Glazer, Hall, Hancock,
Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno,
Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach,
Nguyen, Pan, Pavley, Roth, Stone, Vidak, Wieckowski, Wolk
NOES: Gaines
NO VOTE RECORDED: Morrell, Nielsen, Runner
ASSEMBLY FLOOR: 78-0, 8/18/16 - See last page for vote
SUBJECT: Postsecondary education: academic and
administrative employees: disclosure of sexual
harassment
SOURCE: Author
DIGEST: This bill provides that the University of California
(UC), the California State University (CSU) and the California
Community Colleges (CCC) shall require applicants for
SB 1439
Page 2
employment, as specified, to disclose information regarding
final administrative findings of sexual harassment.
Assembly Amendments provide that an applicant shall not be asked
to disclose the any findings of sexual harassment until it has
been determined that the applicant meets the minimum employment
qualifications stated in the notice issued for the position.
ANALYSIS:
Existing law:
1)Requires the governing board of each community college
district, the Trustees of the CSU, the Board of Directors of
the Hastings College of the Law, and the Regents of the UC 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 at least the following information:
a) The college policy regarding sexual assault on campus.
b) Personnel on campus who should be notified, and
procedures for notification, with the consent of the
victim.
c) Legal reporting requirements and procedures for
fulfilling them.
d) Services available to victims and personnel responsible
for providing these services.
e) A description of campus resources available to victims,
as well as appropriate off-campus services.
f) Procedures for ongoing case management, including
SB 1439
Page 3
keeping the victim informed of the status of any student
disciplinary proceedings and helping the victim deal with
academic difficulties that may arise because of the
victimization and its impact.
g) Procedures for guaranteeing confidentiality and
appropriately handling requests for information from the
press, concerned students and parents.
h) Each victim of sexual assault should receive information
about the existence of at least the following options:
criminal prosecutions, civil prosecutions, disciplinary
process through the college, availability of mediation,
alternative housing assignments, and academic assistance
alternatives. (Education Code § 67385)
2)Requires the governing board of each community college
district and the Trustees of the CSU, and requests the Regents
of the 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.
3)Provides that each campus of the CCC and the CSU, and requests
each campus of the UC, to post sexual violence prevention and
education information on its campus Web site. The information
must include specific components including how to file a
complaint, and the availability and contact information for
resources for victims.
4)Provides that each campus of the CCC and the CSU, and requests
each campus of the UC, to develop policies to encourage
students to report any campus crimes involving sexual
violence.
5)Provides that each campus of the CCC and the CSU, and requests
each campus of the UC, to eliminate barriers for victims who
come forward to report sexual assaults, and to advise students
regarding these policies. (EC § 67385.7)
6)Provides that prior to making a decision relating to the
continued employment of a contract employee at a community
SB 1439
Page 4
college district, certain requirements shall be satisfied,
including an evaluation of the employee and the governing
board's receipt of recommendations of the superintendent or
president of the district or community college. (EC § 87607)
This bill:
1)Provides that the governing board of a community college
district require that an application for appointment to an
academic or administrative position with that district include
a requirement that the applicant disclose any final
administrative decisions or final judicial decision
determining that the applicant committed sexual harassment.
2)Provides that the Trustees of the CSU require that an
application for appointment to an academic or administrative
position with the CSU include a requirement that the applicant
disclose any final administrative decisions or final judicial
decision determining that the applicant committed sexual
harassment.
3)Provides that an applicant shall not be asked to disclose the
aforementioned information, as specified, until it has been
determined that the applicant meets the minimum employment
qualifications stated in the notice issued for the position.
4)Defines "final administrative decision" as a 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.
5)Defines "final judicial decision" as a determination of a
matter submitted to a court that is recorded in judgment or
order of that court.
Background
Federal statutes addressing sexual assault on or around
SB 1439
Page 5
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 offer
prevention and awareness programs to new students and employees
regarding rape, domestic and dating violence, sexual assault,
and stalking. Programs must include a definition of those
offenses and consent with reference to sexual offenses.
Institutions are also required to compile statistics of
incidents of sexual assault, domestic violence, dating violence
and stalking.
The United States Department of Education's Office for Civil
Rights has also issued guidance regarding compliance with Title
IX specific to sexual harassment and sexual violence. This
guidance stated, among other things, that:
1)Institutions must use a preponderance of the evidence standard
(it is more likely than not that sexual harassment or violence
occurred) in order for the grievance procedures to be
consistent with Title IX standards.
2)Institutions are not relieved of their duty under Title IX to
resolve complaints promptly and equitably whether or not a
criminal investigation is underway.
3)Institutions need to ensure their employees are trained to
know how to report harassment and how to respond properly.
Comments
SB 1439
Page 6
Need for the bill. According to the author's office, "recent
news reports have exposed serious incidents of professors who
engaged in the sexual harassment of their students. A prominent
professor of astronomy at UC Berkeley was alleged and later
found by the university to have behaved inappropriately with
students. More recently, the Dean of Boalt Law School at UC
Berkeley admitted to "hugging, kissing, and making other
inappropriate and unwanted contact with multiple women on
staff". He was punished by the university but later resigned
once the matter became public. These egregious cases show a
problem of faculty sexual misconduct and the inability of
colleges and universities to prevent these incidents. This
conduct also has a chilling effect on students that but for
their experience, would have pursued a career in the subject
area.
In particular, current law does not require colleges and
universities to take into account the record of sexual
harassment misconduct of a candidate for professorship. The
Education Code on state universities' and community colleges'
hiring policies do not have any provisions that prevent the
hiring of professors with a troubling history of sexual
misconduct or a requirement that they disclose these histories
during the hiring process. A clear example of the problems from
this lack of disclosure can be seen at the University of
Chicago, where a professor was found to have made multiple
unwelcome sexual advances and engaged in sexual activity with a
student who was incapacitated from alcohol. The university found
that the professor was investigated for sexual harassment at
previous universities where he was employed. The full scope of
these complaints was not disclosed to the hiring committee at
the time."
The author's office indicates that 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,
and that the information as to their misconduct should be
considered when hiring decisions are being made.
Policy of California's public universities. The University of
California updated policies relative to sexual harassment and
violence effective February 25, 2014. These policies include
SB 1439
Page 7
procedures for training and education, a process for reporting
incidents, identification of on- and off-campus resources for
victims, and providing prompt and effective response to reports
of incidents.
The CSU recently updated its policies as well, effective June 3,
2014, to reflect the changes to the federal Campus Sexual
Violence Elimination Act and related guidance from the U.S.
Department of Education, Office for Civil Rights.
State Auditor's Report on Sexual Harassment and Sexual Violence.
The State Auditor released a report in June 2014 regarding the
handling of sexual harassment and sexual violence incidents at
the state's public postsecondary institutions. As part of this
audit, the State Auditor reviewed the sexual assault policies
and procedures of the University of California at Berkeley and
Los Angeles, the California State University, Chico, and San
Diego State University. The report noted that "staff in key
roles of the incident-reporting process receive adequate
training on responding to and reporting student incidents of
sexual harassment and sexual violence, but other employees
including resident advisors and athletic coaches, who may be the
first point of contact, do not." The report also noted that
"none of the universities provides its sexual harassment policy
to all employees at the start of each academic year, nor do they
post the policies in certain places where a large number of
students can see them such as in residence halls or athletic
facilities."
As part of the report, the State Auditor included several
recommendations, including the recommendation for the
universities to review and modify educational programs and
provide more training and education to both university employees
and incoming students, and the recommendation for the
universities to properly distribute and post their policy on
sexual harassment.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
According to the Assembly Appropriations Committee, Any costs
for districts, CSU, and UC to modify their hiring processes to
SB 1439
Page 8
implement the bill's disclosure requirement should be minor and
absorbable.
SUPPORT: (Verified8/18/16)
United Auto Workers Local 4123
OPPOSITION: (Verified8/18/16)
None received
ASSEMBLY FLOOR: 78-0, 8/18/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,
Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,
Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,
Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier,
Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson,
Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Holden,
Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,
Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,
Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,
Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago,
Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,
Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Beth Gaines, Roger Hernández
Prepared by:Lenin DelCastillo / ED. / (916) 651-4105
8/19/16 19:21:46
**** END ****
SB 1439
Page 9