BILL ANALYSIS �
AB 1549
Page 1
Date of Hearing: March 18, 2014
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Das Williams, Chair
AB 1549 (Rendon) - As Introduced: January 27, 2014
SUBJECT : Postsecondary education: Equity in Higher Education
Act.
SUMMARY : Would require California postsecondary educational
institutions to post sexual harassment policies on the
institution's official Internet Web site.
EXISTING LAW establishes the Equity in Higher Education Act to
ensure equal rights and opportunities in postsecondary
educational institutions of the state, to prohibit contrary
policies, and provide remedies for violations. Provisions
governing sex equity establish, among other requirements, that
institutions have written policies on sexual harassment that
provide procedures for reporting charges of sexual harassment
and pursuing remedies. Policies are required to be displayed in
a prominent location in the main administrative building or
other area of the campus, in orientation programs, to each
faculty/staff member, and in all publications that set forth
comprehensive rules for the institution. Institutions are also
required to post sexual violence prevention and education
materials on the institutions website.
FISCAL EFFECT : Unknown
COMMENTS : According to the author, in May 2013, nine women
from UC Berkeley officially filed a complaint with the Federal
Office of Civil Rights (OCR) alleging that their rights under
the Clery Act and/or Title IX were violated by their campus in
relationship to the reporting and procedures surrounding a
sexually related offense committed against them. The author
notes that the allegations state that their cases were simply
not taken seriously by campus officials and not reported
properly; campus officials discouraged them from reporting their
cases to police and did not provide these victims with adequate
support services, required by law. While universities have
policies in place for dealing with sexual violence, the author
is concerned that these policies are not being followed. The
author contests that loopholes in policy language enable
administrators to work around procedural responsibilities and to
AB 1549
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instead prioritize their institution's reputation over the
welfare of students. The author indicates that this bill is
intended to make campus policies on sexual harassment more
accessible to students by having postsecondary institutions post
their policies on their official websites.
As previously noted, existing law requires institutions to post
sexual violence prevention and education materials on the
institution's website, including information regarding internal
and external complaints processes and consequences for
committing acts of sexual violence. It is unclear if this bill
would result in any additional information being made available
on the institutional website that is not already covered by
existing law.
REGISTERED SUPPORT / OPPOSITION :
Support
California Communities United Institute
University of California Student Association
Opposition
None on File
Analysis Prepared by : Laura Metune / HIGHER ED. / (916)
319-3960