Bill Text: CA AB2048 | 2023-2024 | Regular Session | Amended

California Assembly Bill 2048

CA State Legislature page for AB2048

Bill Title: Community colleges: community college sexual harassment and Title IX working group.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-05-22 - Read third time. Passed. Ordered to the Senate. (Ayes 69. Noes 0.) [AB2048 Detail]

Download: California-2023-AB2048-Amended.html

Amended IN Assembly May 16, 2024

Amended IN Assembly April 18, 2024

Amended IN Assembly March 19, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2048

Introduced by Assembly Member Mike Fong

February 01, 2024

An act to add ~~Sections 66279 and 66279.5 to~~ and repeal Section 66281 of the Education Code, relating to ~~public postsecondary education.~~ community colleges.

LEGISLATIVE COUNSEL'S DIGEST

AB 2048, as amended, Mike Fong. ~~Public postsecondary education: discrimination prevention: Title IX offices.~~ Community colleges: community college sexual harassment and Title IX working group.

Existing ~~federal~~ law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. The board of governors appoints the Chancellor of the California Community Colleges to serve as the chief executive officer of the segment.

Existing federal law, known as Title IX, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination, which includes sexual harassment, under any education program or activity receiving federal financial assistance.

Existing law prohibits a person from being subjected to discrimination on the basis of specified attributes, including, among others, disability or gender, in a program or activity conducted by a postsecondary educational institution that receives, or benefits from, state financial assistance or enrolls students who receive state student financial aid.

This bill would require each California State University and University of California campus, and each community college district, to establish a Title IX office, as provided. The bill would require each Title IX office to be under the administration of a Title IX coordinator who would be responsible for coordinating the campus’ or district’s implementation and compliance with systemwide nondiscrimination policies, as specified. The bill would require each Title IX office, among other things, to ensure timely and effective responses to reports and formal complaints of sex discrimination, and to process, adjudicate, and implement the outcomes of formal complaints of sex discrimination, as provided. the Chancellor of the California Community Colleges to convene a community college sexual harassment and Title IX working group, to include, among others, at least 3 community college presidents or chief executive officers, 4 community college Title IX officers, including, but not limited to, the Vice President of Human Resources for Glendale Community College, and 4 community college general counsels, as specified. The bill would require the working group to, among other things, review the policies and procedures of a sampling of no less than 15 community college districts and determine if existing community college district policies and procedures regarding faculty-student and staff-student relationships and sexual harassment are adequate to prevent, detect, and address sexual harassment, and whether they are consistent with best practices, and review a sampling of no less than 18 community college district Title IX offices and determine, among other things, whether community college district Title IX offices are equipped with adequate staff to prevent, detect, and address sexual harassment on community college campuses. The bill would require the working group, on or before February 1, 2026, to submit a report to the Legislature containing its findings and policy recommendations, as specified. The bill would make these provisions inoperative as of July 1, 2026. By imposing new duties on community college districts, the bill would impose a state-mandated local program.

This bill would make legislative findings and declarations as to the necessity of a special statute for Glendale Community College.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

The people of the State of California do enact as follows:

SECTION 1.

Section 66281 is added to the Education Code, to read:

66281.
(a) (1) The Chancellor of the California Community Colleges shall convene a community college sexual harassment and Title IX working group. The working group shall include, but not be limited to, the following members:
(A) The Chancellor of the California Community Colleges or the chancellor’s designee.
(B) A Community College League of California representative.
(C) At least three community college presidents or chief executive officers, including, but not limited to, a representative from a rural community college and a representative from a single campus community college district.
(D) Four community college Title IX officers, including, but not limited to, the Vice President of Human Resources for Glendale Community College.
(E) A representative from the Faculty Association of California Community Colleges.
(F) A representative from the Student Senate for California Community Colleges.
(G) A representative from the Academic Senate for California Community Colleges.
(H) A representative from a personnel commission.
(I) Four community college general counsels, including, but not limited to, a general counsel from a rural community college and a general counsel from a single campus community college district.
(J) The Chair of the Assembly Committee on Higher Education or the chair’s designee.
(K) The Chair of the Senate Committee on Education or the chair’s designee.
(2) All appointments to the working group shall be completed on or before March 1, 2025.
(b) The working group shall do all of the following:
(1) (A) Review the policies and procedures of a sampling of no less than 15 community college districts and determine if existing community college district policies and procedures regarding faculty-student and staff-student relationships and sexual harassment are adequate to prevent, detect, and address sexual harassment, and whether they are consistent with best practices.
(B) Review and determine if existing regulations in the California Code of Regulations regarding sexual harassment are adequate to prevent, detect, and address sexual harassment, and whether they are consistent with best practices.
(C) Determine if the California Community Colleges should have community college district-based policies or a systemwide policy to adequately prevent, detect, and address sexual harassment in a manner that is in compliance with state and federal law and existing best practices.
(2) Determine to what extent a systemwide model of compliance would best assist community colleges in their duty to prevent, detect, and address sexual harassment on campus.
(3) Determine to what extent a regional model of compliance would best assist community colleges in their duty to prevent, detect, and address sexual harassment on campus.
(4) Review a sampling of no less than 18 community college district Title IX offices and determine the following:
(A) Whether community college district Title IX offices are equipped with adequate staff to prevent, detect, and address sexual harassment on community college campuses.
(B) Whether community college district Title IX offices are fulfilling the obligation of the community college districts to prevent, detect, and address sexual harassment on community college campuses.
(C) Whether community college district Title IX offices are the best model to prevent, detect, and address sexual harassment on community college campuses or if a campus-based model should be adopted.
(D) The appropriate number of staff for each community college district to prevent, detect, and address sexual harassment on community college campuses.
(5) Review and determine if the California Community Colleges Chancellor’s Office is effective in its duty to monitor community colleges for their compliance with state and federal laws pertaining to sexual harassment.
(6) On or before February 1, 2026, submit a report to the Legislature, pursuant to Section 9795 of the Government Code, containing its findings and policy recommendations in connection with its activities pursuant to this subdivision.
(c) This section shall become inoperative on July 1, 2026, and, as of January 1, 2027, is repealed.

SEC. 2.
The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique institutional expertise of Glendale Community College.

SEC. 3.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SECTION 1.Section 66279 is added to the Education Code, to read:
66279.
(a)(1)Notwithstanding any other law, and in furtherance of complying with Section 66270, each campus of the California State University and the University of California shall establish, on or before July 1, 2026, a Title IX office in a private space for students and employees to disclose reports and formal complaints of sex discrimination, including, but not limited to, sexual harassment. The Title IX office shall be under the administration of a Title IX coordinator who shall be responsible for coordinating the campus’ implementation and compliance with the systemwide nondiscrimination policy established pursuant to Section 66280.
~~(2)The Title IX office shall do all of the following:~~
~~(A)Ensure timely and effective responses to reports and formal complaints of sex discrimination, including, but not limited to, sexual harassment.~~
~~(B)Provide supportive measures to complainants, and, as applicable, respondents.~~
(C)Process, adjudicate, and implement the outcomes of formal complaints of sex discrimination, including, but not limited to, sexual harassment, pursuant to the systemwide nondiscrimination policy established pursuant to Section 66280.
~~(D)Maintain a case management system that includes all of the following information for each formal complaint of sex discrimination, including, but not limited to, sexual harassment:~~
~~(i)The date of the formal complaint and the date, nature, and location of the incident or incidents.~~
~~(ii)The name of the person who reported the formal complaint and the person’s affiliation with the campus, or whether the formal complaint was reported anonymously.~~
~~(iii)The name and title of the person who received the formal complaint.~~
~~(iv)The name of the person alleged to have experienced sex discrimination, if other than the person who reported the formal complaint, and their affiliation with the campus.~~
~~(v)The name of the respondent and the respondent’s affiliation with the campus.~~
~~(vi)Any campus community context, including, but not limited to, the athletic team, student organization, or campus department or office where the incident or incidents occurred.~~
(vii)Whether the formal complaint was received by the campus, along with a copy of the notice of allegations provided to the parties. If the campus dismissed the formal complaint, a copy of the written notice of dismissal provided to the parties with the reason for the dismissal.
~~(viii)Whether the campus opened an investigation of the formal complaint and, if applicable, its reason for declining to investigate the formal complaint.~~
~~(ix)The name of the person assigned to investigate the formal complaint, and the name of the person assigned to implement any supportive measures pursuant to subparagraph (B).~~
~~(x)All supportive measures offered and implemented in response to the formal complaint pursuant to subparagraph (B).~~
~~(xi)The names of all witnesses identified by either party, interview notes or summaries, if available, and, for any witnesses who were not interviewed, an explanation of why they were not interviewed.~~
~~(xii)Once completed, the final investigative report for the formal complaint and any changes to the formal complaint requested by the complainant or respondent.~~
~~(xiii)The outcome of the formal complaint, including, if applicable, the rulings from a hearing on the formal complaint and any disciplinary measures.~~
~~(xiv)The action plan or remedies implemented by the Title IX coordinator and the campus, if applicable, to deter and prevent the reoccurrence of sex discrimination incidents.~~
(E)Develop and implement a comprehensive prevention and outreach program on sex discrimination, including, but not limited to, sexual harassment. This program shall be updated annually to address sex discrimination incidents and prevent the reoccurrence of sex discrimination incidents. The program shall do all of the following:
(i)Address a range of strategies to prevent sex discrimination, including, but not limited to, a victim empowerment program, a public awareness campaign, primary prevention, bystander intervention, and risk reduction.
(ii)Provide to students, faculty, and staff information regarding the protocols for reporting formal complaints of sex discrimination, including the name, office location, and contact information of the Title IX coordinator, by both of the following means:
~~(I)Emailing the information to each student, faculty member, and staff member at the beginning of each academic semester or other academic term.~~
~~(II)Including the information as part of an on-campus orientation program pursuant to Section 67385.7.~~
(iii)In response to patterns of occurrences of sex discrimination incidents, provide additional prevention training to student organization on campus, including, but not limited to, college-affiliated fraternity and sororities, athletic teams, and students who reside on campus.
(F)Provide annual prevention trainings for students, faculty, and staff. The trainings provided by the Title IX office shall be the same as the systemwide prevention trainings provided in Section 66280.
(b)The Title IX coordinator shall have the authority and responsibility to implement a consistent campuswide response to formal complaints of sex discrimination, including, but not limited to, sexual harassment. The Title IX coordinator shall have the experience, training, and expertise necessary to coordinate and carry out the systemwide nondiscrimination policy established pursuant to Section 66280. The Title IX coordinator shall operate with the authority, independence, and resources necessary to fulfill the duties of the Title IX office established pursuant to this section. The Title IX coordinator shall be a full time position, and shall be responsible for preventing and addressing sex discrimination, including, but not limited to, sexual harassment, on campus. The Title IX coordinator shall do both of the following:
(1)Meet, on or before September 1, 2026, and at least once every three months thereafter, with the campus president or chancellor to provide a comprehensive report on the Title IX office’s compliance with paragraph (2) of subdivision (a). This report shall include an action plan on how to address reports and formal complaints of sex discrimination, and on how the campus is fulfilling the obligation to provide educational programs free from sex discrimination. This report, once approved by the campus president or chancellor, shall be submitted to the systemwide Office of Civil Rights as part of the evaluation pursuant to paragraph (9) of subdivision (c) of Section 66280.
~~(2)If an action plan is provided by the systemwide Office of Civil Rights as part of the evaluation pursuant to paragraph (9) of subdivision (c) of Section 66280, implement that action plan.~~
(c)(1)On or before July 1, 2026, each campus shall recruit and hire qualified Title IX office personnel, including, but not limited to, the Title IX coordinator, a deputy Title IX coordinator, a Title IX case manager, a Title IX investigator, a Title IX prevention education coordinator, and an administrative assistant to serve as the team to process, adjudicate, and implement the outcomes of formal complaints of sex discrimination, including, but not limited to, sexual harassment. These Title IX office personnel shall have the experience, training, and expertise necessary to coordinate and carry out the requirements of the Title IX office established pursuant to this section.
(2)Beginning with the 2026–27 academic year, the Title IX coordinator and the president or chancellor of the campus shall assess whether additional staffing or resources are needed by the Title IX office to fulfill the duties of the Title IX office established pursuant to this section. If additional staff or resources are needed, the Title IX coordinator andthe president or chancellor of the campus shall make that request to the appropriate entities for that request to be included in the annual systemwide budget request submitted to the Legislature.
~~(d)Notwithstanding Section 67400, this section shall apply to the University of California.~~
SEC. 2.Section 66279.5 is added to the Education Code, to read:
66279.5.
(a)Notwithstanding any other law, and in furtherance of complying with Section 66270, each community college district shall establish, on or before July 1, 2026, a Title IX office in a private space for students and employees to disclose reports and formal complaints of sex discrimination, including, but not limited to, sexual harassment. The Title IX office shall be under the administration of a Title IX coordinator who shall be responsible for coordinating the community college district’s implementation and compliance with the systemwide nondiscrimination policy established pursuant to Section 66280.
~~(b)The Title IX office established pursuant to subdivision (a) shall do all of the following:~~
~~(1)Ensure timely and effective responses to reports and formal complaints of sex discrimination, including, but not limited to, sexual harassment.~~
~~(2)Provide supportive measures to complainants and, as applicable, respondents.~~
(3)Process, adjudicate, and implement the outcomes of formal complaints of sex discrimination, including, but not limited to, sexual harassment, pursuant to the systemwide nondiscrimination policy established pursuant to Section 66280.
~~(4)Maintain a case management system that will capture and maintain all of the following information for each formal complaint of sex discrimination:~~
~~(A)The date of the formal complaint and the date, nature, and location of the incident or incidents.~~
~~(B)The name of the person who reported the formal complaint and the person’s affiliation with the district, or whether the formal complaint was reported anonymously.~~
~~(C)The name and title of the person who received the formal complaint.~~
~~(D)The name of the person alleged to have experienced sex discrimination, if other than the person who reported the formal complaint, and their affiliation with the district.~~
~~(E)The name of the respondent and the respondent’s affiliation with the district.~~
(F)Any district community context, including, but not limited to, the campus where the incident or incidents occurred, and the athletic team, student organization, or campus department or office where the incident or incidents occurred.
(G)Whether the formal complaint was received by the district, along with a copy of the notice of allegations provided to the parties. If the district dismissed the formal complaint, a copy of the written notice of dismissal provided to the parties with reason for the dismissal.
~~(H)Whether the district opened an investigation and, if applicable, its reason for declining to investigate the formal complaint.~~
~~(I)The name of the person assigned to investigate the formal complaint and the name of person assigned to implement any supportive measures pursuant to paragraph (2).~~
~~(J)All supportive measures offered and implemented in response to the formal complaint pursuant to paragraph (2).~~
~~(K)The names of all witnesses identified by either party, interview notes or summaries, if available, and, for any witnesses who were not interviewed, an explanation of why they were not interviewed.~~
~~(L)Once completed, the final investigative report for the formal complaint and any changes to the formal complaint requested by the complainant or respondent.~~
~~(M)The outcome of the formal complaint, including, if applicable, the rulings from a hearing on the formal complaint and any disciplinary measures.~~
~~(N)The action plan or remedies implemented by the Title IX coordinator and the campus, if applicable, to deter and prevent the reoccurrence of sex discrimination incidents.~~
(5)Develop and implement a comprehensive prevention and outreach program on sex discrimination, including, but not limited to, sexual harassment. The program shall be updated annually to address sex discrimination incidents and prevent the reoccurrence of sex discrimination incidents. The program shall do all of the following:
(A)Address a range of strategies to prevent sex discrimination, including, but not limited to, a victim empowerment program, a public awareness campaign, primary prevention, bystander intervention, and risk reduction.
(B)Provide to students, faculty, and staff information regarding the protocols for reporting formal complaints of sex discrimination, including the name, office location, and contact information of the Title IX coordinator, by both of the following means:
~~(i)Emailing the information to each student, faculty member, and staff member at the beginning of each semester or other academic term.~~
~~(ii)Including the information in an on-campus orientation program pursuant to Section 67385.7.~~
(C)In response to patterns of occurrences of sex discrimination incidents, provide additional prevention training to student organizations on campuses within the district, including, but not limited to, college-affiliated fraternity and sororities, athletic teams, and students who reside on campus.
(6)Provide annual prevention trainings for students, faculty, and staff. The trainings provided by the Title IX office shall be the same as the systemwide prevention trainings provided in Section 66280.
(c)The Title IX coordinator has the authority and responsibility to implement a consistent districtwide response to reports of sex discrimination, including, but not limited to, sexual harassment. The Title IX coordinator shall have the experience, training, and expertise necessary to coordinate and carry out the systemwide nondiscrimination policy established pursuant to Section 66280. The Title IX coordinator shall operate with the authority, independence, and resources necessary to fulfill the duties of the Title IX office established pursuant to this section. The Title IX coordinator shall be a full time position, and shall be responsible for preventing and addressing sex discrimination, including, but not limited to, sexual harassment, on community college campuses located within the community college district. The Title IX coordinator shall do both of the following:
(1)Meet, on or before September 1, 2026, and at least once every three months thereafter, with the chief executive officer of the community college district to provide a comprehensive report on the Title IX office’s compliance with subdivision (b). This report shall include an action plan on how to address reports and formal complaints of sex discrimination, and on how the district is fulfilling the obligation to provide educational programs free from sex discrimination. This report, once approved by chancellor of the community college district, shall be submitted to the systemwide Office of Civil Rights as part of the evaluation pursuant to paragraph (9) of subdivision (c) of Section 66280.
~~(2)If an action plan is provided by the systemwide Office of Civil Rights as part of the evaluation pursuant to paragraph (9) of subdivision (c) of Section 66280, implement that action plan.~~
(d)(1)On or before July 1, 2026, each community college district shall recruit and hire qualified Title IX office personnel, including, but not limited to, the Title IX coordinator, a Title IX case manager, a Title IX investigator, a Title IX prevention education coordinator, and an administrative assistant to serve as the team to process, adjudicate, and implement the outcomes of formal complaints of sex discrimination, including, but not limited to, sexual harassment. The Title IX office personnel shall have the experience, training, and expertise necessary to coordinate and carry out the requirements of the Title IX office established pursuant to this section.
(2)Beginning with the 2026–27 academic year, the Title IX coordinator and the chancellor of the community college district shall assess whether additional staffing or resources are needed by the Title IX office to fulfill the duties of the Title IX office established pursuant to this section. If additional staff or resources are needed, the community college district shall include a written request for the additional staff or resources in the annual systemwide budget request submitted to the Legislature.
(e)On or before July 1, 2027, each community college shall establish the on-campus position of a deputy Title IX coordinator. The deputy Title IX coordinator shall serve as the campus-based point of contact for students, faculty, and staff to report a formal complaint of sex discrimination, including, but not limited to, sexual harassment. The deputy Title IX coordinator shall act as a broker between the community college and the community college district’s Title IX office, and shall assist the community college district’s Title IX office in preventing and addressing sex discrimination, including, but not limited to, sexual harassment, on the campus of the community college.
SEC. 3.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.