BILL ANALYSIS �
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THIRD READING
Bill No: AB 1433
Author: Gatto (D), et al.
Amended: 8/19/14 in Senate
Vote: 27 - Urgency
SENATE EDUCATION COMMITTEE : 7-0, 6/18/14
AYES: Liu, Wyland, Block, Correa, Hancock, Huff, Monning
SENATE APPROPRIATIONS COMMITTEE : 5-0, 8/14/14
AYES: De Le�n, Hill, Lara, Padilla, Steinberg
NO VOTE RECORDED: Walters, Gaines
ASSEMBLY FLOOR : 79-0, 5/28/14 - See last page for vote
SUBJECT : Student safety
SOURCE : Author
DIGEST : This bill requires postsecondary educational
institutions to establish policies regarding the reporting of
certain crimes to local law enforcement agencies, as specified.
ANALYSIS : 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
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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 federal Campus Sexual Violence Elimination Act amended the
Clery Act to, among other things, require 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 Clery Act also requires the
Annual Security Report to contain additional information such as
prevention programs, procedures once incidents are reported, and
possible sanctions following an institutional disciplinary
procedure.
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.
The White House announced on January 22, 2014, the establishment
of the Task Force to Protect Students from Sexual Assault,
directing the Office of the Vice President and the White House
Council on Women and Girls to lead an interagency effort to
address campus rape and sexual assault, including coordinating
federal enforcement efforts and helping institutions meet their
obligations under federal law.
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Existing law requires the governing board of each community
college district, the Trustees of the California State
University, the Board of Directors of the Hastings College of
the Law, and the Regents of the University of California 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:
1.The college policy regarding sexual assault on campus.
2.Personnel on campus who should be notified, and procedures for
notification, with the consent of the victim.
3.Legal reporting requirements and procedures for fulfilling
them.
4.Services available to victims and personnel responsible for
providing these services.
5.A description of campus resources available to victims, as
well as appropriate off-campus services.
6.Procedures for ongoing case management, including 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.
7.Procedures for guaranteeing confidentiality and appropriately
handling requests for information from the press, concerned
students and parents.
8.Each victim of sexual assault should receive information about
the existence of at least the following options:
A. Criminal prosecutions.
B. Civil prosecutions.
C. The disciplinary process through the college.
D. The availability of mediation.
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E. Alternative housing assignments.
F. Academic assistance alternatives.
Existing law:
1.Requires the governing board of each California Community
College district and the Trustees of the California State
University, and requests the Regents of the University of
California, in collaboration with campus- and community-based
victim advocacy organizations, to provide as part of campus
orientations, educational and preventive information about
sexual violence.
2.Requires each campus of the California Community Colleges and
the California State University, and requests each campus of
the University of California, to post sexual violence
prevention and education information on its campus website.
The information must include specific components including how
to file a complaint, and the availability and contact
information for resources for victims.
3.Requires each campus of the California Community Colleges and
the California State University, and requests each campus of
the University of California, to develop policies to encourage
students to report any campus crimes involving sexual
violence.
4.Establishes the Cal Grant A and B Entitlement Awards, the
California Community College Transfer Cal Grant Entitlement
Awards, the Competitive Cal Grant A and B Awards, the Cal
Grant C Awards, and the Cal Grant T Awards under the
administration of the Student Aid Commission, and establishes
eligibility requirements for awards under these programs for
participating students attending qualifying institutions.
This bill:
1.Provides, as a condition for participating in the Cal Grant
Program, that any report made by a victim or an employee, as
specified, of a Part 1 violent crime, sexual assault, or hate
crime, as described in Penal Code Sec. 422.55, that is
received by a campus security authority and made by the victim
for purposes of notifying the institution or law enforcement
to immediately, or as soon as practicably possible, to be
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disclosed to the local law enforcement agency with which the
institution has a written agreement without identifying the
victim unless the victim consents to being identified after
the victim has been informed of his/her right to have his/her
personally identifying information withheld. If the victim
does not consent to being identified, the alleged assailant
shall not be identified in the information disclosed to the
local law enforcement agency. Clarifies that these
requirements do not constitute a waiver of or exception to any
law providing for the confidentiality of information.
2.Requires as a condition for participating in the Cal Grant
Program, the governing board of each California Community
College district, the Trustees of the California State
University, the Regents of the University of California, and
the governing board of each private and independent
postsecondary institution, on or before July 1, 2015, to adopt
and implement written policies and procedures to ensure that
any report of a Part 1 violent crime, sexual assault, or hate
crime, committed on or off campus, received by a campus
security authority, as specified, and made by the victim for
purposes of notifying the institution or law enforcement, is
immediately, or as soon as practicably possible, is forwarded
to the appropriate law enforcement agency.
3.Provides that the report shall be forwarded to the appropriate
law enforcement agency without identifying the victim, unless
the victim consents to being identified after the victim has
been informed of his/her right to have his/her personally
identifying information withheld.
4.Provides that the appropriate law enforcement agency shall be
a campus law enforcement agency if one has been established on
the campus where the report was made. If no campus law
enforcement agency has been established, the report shall be
immediately, or as soon as practicably possible, forwarded to
a local law enforcement agency.
5.Defines a "Part 1 violent crime" as willful homicide, forcible
rape, robbery, or aggravated assault, as defined in the
Uniform Crime Reporting Handbook of the Federal Bureau of
Investigation.
6.Defines "sexual assault" to include, but not be limited to,
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rape, forced sodomy, forced oral copulation, rape by a foreign
object, sexual battery, or the threat of any of these.
7.Defines "hate crime" as any offense as described in Penal Code
Sec. 422.55.
8.Defines "local law enforcement agency" as a city of county law
enforcement agency with operational responsibilities for
police services in the community in which a campus is located.
9.Defines "on or off campus" as the campus and any non-campus
building or property, as specified.
10.Provides that this act is an urgency statute necessary to
ensure student safety by requiring the effective reporting of
Part 1 violent crimes and hate crimes at the earliest possible
time.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee, (as approved
on August 14, 2014), this bill's policy and reporting
requirements will likely result in significant additional
workload at all postsecondary education institutions in
California, to the extent that their existing policies and
practices differ from those required by this bill. The most
significant state costs will be for the bill's mandate on
community college districts, likely $300,000 - $450,000 in
one-time costs and $400,000 - $1.3 million annually, in
community college district costs to implement these provisions.
Campuses will have to comply, as a condition of participation in
the Cal Grant program, and will have to absorb those costs.
SUPPORT : (Verified 8/13/14)
Anti-Defamation League
Association for Los Angeles Deputy Sheriffs
California Federation of Teachers
California Police Chiefs Association
California School Employees Association
Community College League of California
Crime Victims United of California
Equality California
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Los Angeles County Probation Officers' Union, AFSCME, Local 685
Los Angeles Police Protective League
Riverside Sheriffs' Association
University of California Student Association
ASSEMBLY FLOOR : 79-0, 5/28/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hern�ndez,
Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,
Maienschein, Mansoor, Medina, Melendez, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Pan, Patterson, Perea, John A.
P�rez, V. Manuel P�rez, Quirk, Quirk-Silva, Rendon,
Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,
Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
NO VOTE RECORDED: Vacancy
PQ:e 8/19/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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