BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Carol Liu, Chair
2013-2014 Regular Session
BILL NO: AB 1549
AUTHOR: Rendon
INTRODUCED: January 27, 2014
FISCAL COMM: Yes HEARING DATE: June 25, 2014
URGENCY: No CONSULTANT:Daniel Alvarez
SUBJECT : Postsecondary education: Equity in Higher
Education Act.
SUMMARY
This bill requires the copy of a postsecondary educational
institution's policy on sexual harassment to be prominently
displayed on the official Internet Web site of the
institution.
BACKGROUND
Current 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 areas 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. (Education Code � 66281.5)
ANALYSIS
This bill requires the copy of a postsecondary educational
institution's policy on sexual harassment to be prominently
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displayed on the official Internet Web site of the
institution.
STAFF COMMENTS
1) Need for the bill . According to the author's office,
California postsecondary educational institutions must
ensure incoming and current students know what the
policy is on sexual harassment. By placing this
information on an official website, campuses can make
this information more accessible to students.
2) Policy of California's public universities . The
University of California updated policies relative to
sexual harassment and violence effective February 25,
2014. These policies define consent as affirmative,
requires the victim to be provided with a written
explanation of rights and options, authorizes remedies
such as counseling and changes to academic schedule or
living arrangements, and a statement that any person
who is found to have engaged in sexual harassment or
violence is subject to disciplinary action including
dismissal. The policy also includes 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.
http://policy.ucop.edu/doc/4000385/SHSV
The California State University in 2012 has adopted
executive orders 1074 and 993 dealing with the
prohibition policy and complaint procedures related to
sexual harassment at both campus and systemwide
levels.
3) Related legislation .
AB 1433 (Gatto) requires governing boards of each
public and private postsecondary educational
institution to adopt and implement policies and
procedures to ensure that any report of a Part 1
violent crime, sexual assault, or hate crime is
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immediately forwarded to the appropriate law
enforcement agency. AB 1433 was voted out by the
Assembly, and is awaiting referral in Senate Rules
Committee.
SB 967 (DeLeon) requires the governing board of each
community college district (CCD), the Trustees of the
California State University (CSU), the Regents of the
University of California (UC), and the governing board
of independent postsecondary institutions in
California to each adopt a policy concerning campus
sexual violence, domestic violence, dating violence
and stalking that includes specified components and
standards. SB 967 was voted out of the Senate, and is
awaiting referral to the appropriate policy committee
of the Assembly.
SUPPORT
California Federation of Teachers
California Teachers Association
UC Students Association
OPPOSITION
None on file.