BILL ANALYSIS �
SENATE JUDICIARY COMMITTEE
Senator Noreen Evans, Chair
2011-2012 Regular Session
AB 620 (Block)
As Amended June 15, 2011
Hearing Date: June 28, 2011
Fiscal: Yes
Urgency: No
EDO
SUBJECT
Public Postsecondary Education: Nondiscrimination and Training:
Sexual Orientation, Gender Identity, and Gender Expression
DESCRIPTION
This bill, sponsored by Equality California, would require
California State University (CSU) and request that University of
California (UC) and California Community Colleges (CCC), when
collecting data relative to gender, race, ethnicity, or other
demographics from faculty, staff, or students to allow the
faculty, staff or students to identify their sexual orientation,
gender identity, and gender expression on any forms used to
collect that demographic data, as specified.
This bill would require the CSU, and would request that UC and
CCC campuses designate an employee on each campus as a point of
contact for the needs of lesbian, gay, bisexual, and transgender
(LGBT) faculty, staff and students. This bill would also
require CSU and request that UC and CCC adopt policies on
harassment, intimidation, and bullying to be included in the
campus rules and regulations.
This bill would require that any Cal Grants or student loans be
awarded without regard to the applicant's sexual orientation,
gender identity, or gender expression, in addition to the
current list of protected classes of race, religion, creed, sex,
or age.
This bill would add sexual orientation, gender identity, or
gender expression to the list for which CCC may not refuse to
hire for academic positions. Finally, under the CSU Gloria
(more)
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Romero Open Meetings Act, CSU must not conduct a meeting in a
facility that prohibits admittance to any one based on a
person's race, religious creed, color, national origin,
ancestry, or sex. This bill would add sexual orientation, gender
identity, or gender expression to the list.
BACKGROUND
The California Postsecondary Education Commission (CPEC) was
established in 1974 by AB 770 (Vasconcellos, Chapter 1187,
Statutes of 1973) "to assure the effective utilization of public
postsecondary education resources, thereby eliminating waste and
unnecessary duplication, and to promote diversity, innovation,
and responsiveness to student and societal needs through
planning and coordination." CPEC is responsible for providing
analysis, advice, and recommendations to the Legislature and the
Governor on statewide policy and funding priorities for
postsecondary education.
In 2009, CPEC issued a report, "Access and Equity for all
Students: Meeting the Needs of LGBT Students" (See
http://www.cpec.ca.gov/completereports/2009reports/09-14.pdf ),
which found that lesbian, gay, bisexual, and transgender (LGBT)
students may require additional services to help them succeed.
According to research and experts in the field, LGBT students
face higher rates of mental health issues, sexual health risks,
substance abuse, and family issues than their heterosexual
peers. The report included policy recommendations to address
these concerns. Primarily, the report recommended that an
increase of data collection and analysis of that data is
critical to tracking LGBT students' success in college. The
report recommended that sexual orientation and gender identity
should be considered its own demographic and that colleges
should collect this data, and report this additional data to
CPEC, the same way that the campuses currently collect data on
gender, race, ethnicity, and disability.
The report found that "many LGBT students choose not to identify
themselves as such in student surveys and on campus forms.
However, as more surveys and forms include questions on sexual
orientation and gender identity, and as campuses provide
assurance that students' privacy will be protected, it is likely
that more complete data will become available."
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This bill, sponsored by Equality California, would, among other
things, require CSU, and request that UC and CCC, when
collecting data relative to gender, race, ethnicity, or other
demographics from faculty, staff, or students allow the faculty,
staff or students to identify their sexual orientation, gender
identity, and gender expression on any forms used to collect
that demographic data. The campuses will be encouraged to share
this non-identifying data with CPEC so long as the individual
authorizes the sharing of this data, and CPEC will be encouraged
to assess the campuses based on this data and make
recommendations.
CHANGES TO EXISTING LAW
1.Existing law , the Donahue Higher Education Act, provides that
the California Community Colleges, the California State
University, the University of California, and independent
institutions of higher education must provide educational
equity regardless of race, gender, age, disability, or
economic circumstances. (Ed. Code Sec. 66010.2.)
This bill would add gender identity, gender expression, and
sexual orientation to this list.
This bill would require CSU, and would request UC and CCC when
collecting data relative to gender, race, ethnicity, or other
demographics, from faculty, staff, or students, to allow the
faculty, staff, and students to identify their sexual
orientation, gender identity, and gender expression on any
forms used to collect that data, as appropriate.
This bill would not require the campuses to update an existing
form, but would require the campuses to allow for
identification of sexual orientation, gender identity, and
gender expression on any new or updated form used for the
collection of demographic data.
This bill would request UC, CSU, and CCC to share this
non-identifying data with CPEC to the extent that the
individuals authorize that the information be released.
2.Existing law , the Equity in Higher Education Act, provides
that it is the policy of the State of California to afford all
persons regardless of disability, gender, nationality, race or
ethnicity, religion, sexual orientation, or any other basis,
equal rights and opportunities in the postsecondary
institutions of the state. Existing law defines "gender" to
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mean sex, and includes a person's gender identity and gender
related appearance and behavior whether or not stereotypically
associated with the person's assigned sex at birth. (Ed. Code
Secs. 66251, 66260.7.)
This bill would add to this list gender identity and gender
expression. This bill would also define "gender" to mean sex,
and includes a person's gender identity and gender expression.
Under the bill, "gender expression" means a person's
gender-related appearance and behavior.
This bill would require CSU, and would request UC and CCC, to
designate an employee at each of their respective campuses as
a point of contact for the needs of LGBT faculty, staff, and
students. This bill would require that at a minimum, the name
and contact information of that designated employee be
published on the campus website and be included in any printed
and Internet-based campus directories.
This bill would encourage CPEC to conduct an assessment of the
CCC, CSU, and UC systems with respect to the quality of life
at those campuses for LGBT faculty, staff, and students. This
bill would provide that if an assessment is performed, then
CPEC must make recommendations to each of those campuses.
This bill would also request CSU, UC, and CCC to share
existing data with CPEC, but are not required to conduct new
data collection or research.
This bill would require CSU, and would request UC and CCC to
adopt and publish policies on harassment, intimidation, and
bullying to be included within the rules and regulations
governing student behavior. This bill would provide that it
is the intent of the Legislature that these rules and
regulations be posted on the campus Website and in any printed
material covering those rules and regulations.
3.Existing law provides that postsecondary schools in California
must compile and report all crimes that involve hate violence
and other specified crimes. Existing law defines "hate
violence" to include any physical or threat of physical
violence based on a person's ethnicity, race, national origin,
religion, sex, sexual orientation, disability, or political or
religious beliefs of that person. (Ed. Code Sec. 67380.)
This bill would include gender identity and gender expression
to the definition of "hate violence" under this section.
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4.Existing law provides that the Cal Grant Program shall be
awarded without regard to race, religion, creed, sex, or age.
Existing law provides that loans made pursuant to the Federal
Family Education Loan Program shall be made without regard to
race, religion, creed, or sex. (Ed. Code Secs. 69433.5. and
69762.)
This bill would require that the Cal Grant Program shall also
be awarded without regard to a person's sexual orientation,
gender identity, or gender expression. This bill would
provide that loans made pursuant to the Federal Family
Education Loan Program also shall be made without regard to
sexual orientation, gender identity, or gender expression.
5.Existing law provides that governing boards of community
college districts shall not refuse to hire or recommend for
employment anyone based on the person's race, color, religious
creed, sex, or national origin. (Ed. Code Sec. 87400.)
This bill would add sexual orientation, gender identity, and
gender expression to this list.
6.Existing law , the CSU Gloria Romero Open Meetings Act,
provides that CSU must not conduct a meeting in a facility
that prohibits admittance to anyone based on a person's race,
religious creed, color, national origin, ancestry, or sex.
This bill would add sexual orientation, gender identity, and
gender expression to this list.
COMMENT
1. Stated need for the bill
The author writes:
LGBT students face many challenges that require additional
campus services and resources for them to be successful in
college, according to research and experts in the field.
Compared to heterosexual students, LGBT students face higher
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rates of mental health problems, sexual health risks,
substance abuse and family issues leading to negative health
outcomes. Another significant issue is the lack of data and
limitations in collecting that data. Data comes only from
optional student surveys. Without consistent longitudinal
data, it is impossible to track and assess LGBT student
persistence and degree completion.
The California Postsecondary Education Commission (CPEC)
reported in June 2009, "LGBT students face many challenges
that require additional campus services and resources for them
to be successful in college, according to research in the
field." As such, CPEC has recommended that all postsecondary
institutions establish policies to reinforce existing laws
that forbid discrimination on the basis of sexual orientation
or gender identity, train faculty and staff to expand their
knowledge of LGBT issues, and provide access to support
services which provide for the unique needs of LGBT students.
Unfortunately, at all three levels of California's public
postsecondary education system, implementation of support
services for LGBT students has been uneven.
In support of this bill, the California Faculty Association
writes, "�we] support any policy that protects faculty, staff
and students from any discrimination on the basis of sex, race,
nationality, sexual orientation and gender identity within
higher education, and better protects students from
discrimination."
Also in support of this bill, the California National
Organization for Women writes, "in the past year, we have seen a
spotlight turned upon the damaging and often deadly bullying of
LGBT youth. . . California's LGBT students deserve a safe and
non-discriminatory environment in our state's community
colleges, colleges, and universities."
2. This bill seeks to enhance the campus environment for LGBT
students at California's postsecondary institutions
Existing law, the Donahue Higher Education Act and the Equity in
Higher Education Act, provides that it is the mission and policy
of the State of California to afford all persons regardless of
disability, gender, nationality, race or ethnicity, religion,
sexual orientation, economic circumstances, or any other basis,
equal rights and opportunities and educational equity in the
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postsecondary institutions of the state. As discussed in more
detail below, this bill seeks to ensure this policy for LGBT
students by implementing and recommending a variety of policies
throughout the higher education codes.
a. Collection of demographic data on LGBT faculty, staff,
and students
Currently, demographic data is being collected on a volunteer
basis for faculty, staff and students applying for work or
admission to the CSU, UC, and CCC campuses. This data is
generally limited to the applicant's gender, race, or
ethnicity. However, in 2006 the University of California
Undergraduate Experience Survey (UCUES) included LGBT
questions and expanded coverage of LGBT questions in 2008.
According to the 2008 UCUES, of the 63,500 respondents, 4.7
percent identified as LGBT, 2.7 percent as "questioning or
unsure," and 4.9 percent declined to state. Other than this
survey, CPEC found that most demographic surveys do not
include questions about sexual orientation. The CPEC report
found that there is a clear need for increased data collection
in order to track LGBT students' progress in their educational
careers.
As a result, this bill seeks to address this deficit in data
collection by requiring CSU and requesting UC and CCC, when
collecting demographic data from faculty, staff, or students,
to allow the faculty, staff or students to identify their
sexual orientation, gender identity, and gender expression on
any forms used to collect that data. This bill would give
CSU, UC, and CCC discretion to decide when this type of data
collection is appropriate. For example, the campuses may
determine that this type of data collection is inappropriate
on forms that contain personally identifying information, or
on forms that may be processed and seen by the student's
peers. This would be an important consideration in light of
the fact that many LGBT students, faculty and staff may have
not disclosed their sexual orientation, gender identity, or
gender expression to their campus peers. Due to recent tragic
events on campuses across the country involving students who
either inadvertently or maliciously discovered and shared the
sexual orientation, gender identity, or gender expression of
their fellow peers who had not revealed their sexual
orientation, gender identity or expression, CSU, UC, and CCC
should consider the practical consequences of this type of
data collection.
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As discussed in the CPEC report, this particular type of data
collection is crucial to meeting the needs of LGBT students,
faculty, and staff. And while LGBT students, faculty and
staff may wish to identity their sexual orientation, gender
identity and gender expression on these forms in order to
provide an accurate reflection of the campus, the privacy of
these participants should be the priority. There may come a
time in the future when it is important to be able to identify
LGBT individuals, for example, to provide them direct
services. However, this must be balanced with the
individual's privacy interests.
Due to the current fiscal crisis, this bill would not require
the campuses to update an existing form. However, when the
campuses adopt a new form or when they update an existing
form, the bill would provide that CSU must, and UC and CCC
would be requested to include this new demographic data. As
discussed in the CPEC report, the purpose of this data
collection will help the campuses determine whether LGBT
students are graduating, or excelling in their academic
studies at the same rates as the other students, in addition
to any other specialized services that the campuses should be
providing for LGBT students, faculty, and staff.
b. Designating an employee on CSU, UC and CCC campuses to
address the needs of LGBT faculty, staff and students
The CPEC report found that while all students may benefit from
support services, LGBT students often have unique needs.
According to the CPEC report, all UC campuses, besides UC
Merced, have an LGBT center. Thirteen of the 23 CSU campuses
have an LGBT center, and resources at CCC's vary from campus
to campus. The report recommended that at a minimum each
campus should have a designated advocate on campus for LGBT
faculty, staff and students.
In response to this recommendation, this bill would require
CSU and request that UC and CCC designate an employee as a
point of contact for the needs of LGBT faculty, staff and
students. In order to ensure adequate access for LGBT
faculty, staff, and students to this employee, this bill would
require that, at a minimum, that person's contact information
be posted on the campus website and in any printed or
web-based campus directories. Designating one employee on
each of the CSU, UC and CCC campuses should not be too
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burdensome for the campuses, yet this could be an invaluable
resource for LGBT faculty, staff and students on campus. Due
to LGBT faculty, staff, and students' unique needs, as
identified by the CPEC study, it is important to provide a
resource for these individuals that is easily and readily
accessible. Presently, most campuses provide counseling
services for all students on campus, however it would appear
appropriate, based on the CPEC report, that in addition to
general counseling that one employee be designated for LGBT
faculty, staff and students.
Also, in order to provide this service to individuals who wish
to remain anonymous, it is important to post the designated
employee's contact information on-line. This way, LGBT
faculty, staff, and students who may wish to remain anonymous
can simply call the designated employee, rather than having to
go into a center or a specific office.
c. Adopting and posting policies on harassment,
intimidation, and bullying
The CPEC report found that the success of LGBT students may be
impacted by their feelings of safety and support on campus.
This bill would seek to address this issue by requiring CSU,
and requesting that UC and CCC adopt and post policies on
harassment, intimidation, and bullying on their respective
campus websites and any printed material covering the
campuses' rules and regulations.
Adopting and posting these policies could help ensure that
students feel safer on campus by being able to see what the
campus policies are and refer to these policies if they need
to seek help for harassment, intimidation, or bullying.
Without a written policy that is also easily accessible, many
students may not know that they have certain rights as well as
any potential remedies that may be available. Written
policies also send a message that the campus is serious about
eliminating harassment, intimidation, and bullying.
d. Bill would request CPEC to assess CSU, UC, and CCC with
respect to the quality of life for LGBT students and make
recommendations for improvement
This bill would codify the Legislature's intent that CPEC
continue to assess the quality of life for LGBT faculty,
staff, and students at CSU, UC, and CCC campuses. This bill
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would state that CPEC is encouraged to conduct an assessment
of CSU, UC, and CCC and their respective campuses and if
assessed, would be required to make recommendations to each of
those institutions based on that assessment. This bill would
also encourage the campuses to share whatever data they
currently have, but are not required to conduct new data
collection or research.
As described in the Background section, the purpose of CPEC is
to provide advice and recommendations to the Legislature on
statewide policy and funding priorities for postsecondary
institutions. Specifically, and as it relates to this bill,
CPEC is charged with considering policies to promote diversity
on college campuses and to be responsive to student and
societal needs. This bill would codify in statute that it is
a priority of the state for CPEC to promote diversity and be
responsive to the specific needs of LGBT students, faculty and
staff. Also, in conjunction with the additional collection of
demographic data for LGBT students, faculty and staff, as
discussed above, it is hoped that CPEC will have a more
accurate and thorough understanding of the needs for LGBT
faculty, staff and students in order for CPEC to make
meaningful recommendations.
e. Bill would add sexual orientation, gender identity, and
gender expression to the existing definition of "hate
violence" for reporting incidences of crime on campuses
Under existing law, CSU, UC, and CCC and any postsecondary
institution receiving public funds for student financial
assistance must keep records of criminal and noncriminal acts
on campus involving "hate violence." Existing law defines
"hate violence" to mean any act of among other things,
physical intimidation or physical harassment, directed at a
person or group because of the ethnicity, race, national
origin, religion, sex, sexual orientation, disability, or
political or religious beliefs of that person or group. This
bill would add gender identity and gender expression to this
list.
Keeping records of this type of violence is an important
mechanism for bringing attention to the harm suffered by these
minority groups. Without a thorough account of these acts,
resources and funding may not be directed in an appropriate
manner. Also, although sexual orientation is already included
in the definition for "hate violence," it is important to add
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gender identity and gender expression to this list in order to
consider the specific violence suffered by transgender
faculty, staff and students. Maintaining records of hate
violence helps the campuses keep statistics on the quality of
life for LGBT students. Thus, it is important to know whether
people are being targeted because of their sexual orientation
or because they are transgender or gender non-conforming. By
including gender expression and gender identity in this list
of hate violence, campuses will be able to distinguish between
violence based on sexual orientation and violence based on a
person being transgender or gender non-conforming. As a
result, the campuses can narrowly tailor their efforts to help
eliminate hate violence on campuses.
f. Bill would add sexual orientation, gender identity, and
gender expression to the existing provisions prohibiting
discrimination in the awarding of Cal Grants and student
loans
Under existing law, only a resident of California is eligible
for an initial Cal Grant Award. The Cal Grant Program awards
must be awarded without regard to race, religion, creed, sex,
or age. Additionally, existing law states that any federal
student loan must be made without regard to race, religion,
creed, or sex. This bill would add sexual orientation, gender
identity, and gender expression to these lists.
Providing adequate funding opportunities to all students
should be a priority in California, especially in light of the
current fiscal crisis. Grants and loans should be provided to
all students without regard to any particular characteristic.
Many students and families rely on grants and loans in order
to send themselves, or their children to college. Denying a
student a loan or grant solely based on their sexual
orientation, gender identity, or gender expression would be
incongruent with the state's policy of providing equal rights
and opportunities to all of California's students.
g. Bill would add sexual orientation, gender identity, and
gender expression to the existing list of bases upon which
CCC may not refuse to recommend
Under existing law, the governing boards of community college
districts may not refuse or fail to recommend a person for an
academic position, that otherwise possesses the necessary
qualifications, based on the person's race, color, religious
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creed, sex, or national origin. This bill would add sexual
orientation, gender identity, and gender expression to this
list.
In addition to providing equal opportunities to persons
seeking academic positions at the CCC, this provision would
also contribute to the overall environment of the campus for
LGBT students. It is important for students to have role
models to look up to, and while common characteristics are not
the only factor, it is helpful to be able to relate to someone
based on a shared characteristic. In comparison, at one point
in our history, women were excluded from certain professions
based solely on their gender. Young women never believed that
one day they might become a lawyer or a judge since the only
lawyers and judges they knew were male. By prohibiting CCC
from refusing to recommend persons based on their sexual
orientation, gender identity, and gender expression, this
could open the door of possibilities for LGBT students.
h. CSU Gloria Romero Open Meetings Act
Under existing law, the CSU Gloria Romero Open Meetings Act
prohibits a legislative body of a local agency from conducting
a meeting in a facility that prohibits the admittance of any
person, on the basis of race, religious creed, color, national
origin, ancestry, or sex. This bill would add sexual
orientation, gender identity, and gender expression to this
list.
This furthers the policy of the State of California that
discrimination based on sexual orientation, gender identity,
and gender expression is not tolerated and that all citizens
are welcome to participate in meetings conducted by a local
agency.
Support : Anti-Defamation League; California Association of
Marriage & Family Therapists; California Communities United
Institute; California Faculty Association; California Federation
of Teachers; California National Organization for Women;
California State Students Association; California Teachers
Association; Californians Aware; Gay-Straight Alliance Network;
National Center for Lesbian Rights; Student Senate for
California Community Colleges; University of California
Students' Association; Board of Equalization Member Betty Yee
Opposition : None Known
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HISTORY
Source : Equality California
Related Pending Legislation : AB 887 (Atkins) would clarify the
definition of gender under the Fair Employment and Housing Act
and the Unruh Civil Rights Act as well as other
anti-discrimination laws. This bill would expressly include the
terms "gender identity" and "gender expression" wherever the
term "gender" currently appears and would prohibit employers,
schools, and housing authorities from discriminating based on a
person's gender identity or gender expression. This bill is in
the Senate Committee on Public Safety.
Prior Legislation : None Known
Prior Vote :
Senate Committee on Education (Ayes 7, Noes 2)
Assembly Floor (Ayes 51, Noes 24)
Assembly Committee on Appropriations (Ayes 12, Noes 5)
Assembly Committee on Higher Education (Ayes 6, Noes 2)
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