Bill Text: CA SB967 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Student safety: sexual assault.

Spectrum: Strong Partisan Bill (Democrat 17-1)

Status: (Passed) 2014-09-28 - Chaptered by Secretary of State. Chapter 748, Statutes of 2014. [SB967 Detail]

Download: California-2013-SB967-Amended.html

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BILL NUMBER: SB 967	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 27, 2014

INTRODUCED BY   Senators De León and Jackson
   (Principal coauthor: Assembly Member Lowenthal)
   (Coauthors: Senators Beall,  Cannella,  Evans, Galgiani,
 Monning,  Pavley,  and Torres  
Torres,   Wolk,   and Yee  )
   (Coauthors: Assembly Members Gonzalez  
Ammiano,   Fong,   Gonzalez,  
Quirk-Silva,   Skinner,   Ting,  and Williams)


                        FEBRUARY 10, 2014

   An act to add Section 67386 to the Education Code, relating to
student safety.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 967, as amended, De León. Student safety: sexual assault.
   Existing  law, the Kristin Smart Campus Safety Act of
1998,   law  requires the governing boards of each
community college district, the Trustees of the California State
University, the Regents of the University of California, and the
governing boards of independent postsecondary institutions 
to adopt rules requiring each of their respective campuses to enter
into a written agreement with local law enforcement agencies relating
to certain violent crimes. Existing law also requires those
governing boards  to adopt and implement written procedures
or protocols to ensure that students, faculty, and staff who are
victims of sexual assault on the grounds or facilities of their
institutions receive treatment and information, including a
description of on-campus and off-campus resources.
   This bill would require  these   the 
governing boards  of each community college district, the
Trustees of the California State University, the Regents of the
University of California, and the governing boards of independent
postsecondary institutions that receive public funds for student
financial assistance  to adopt policies concerning campus sexual
violence, domestic violence, dating violence, and stalking that
include certain elements, including an affirmative consent standard
in the determination of whether consent was given by a complainant.
The bill would require these governing boards to adopt certain sexual
assault policies and protocols, as specified, and would require the
governing boards, to the extent feasible, to enter into memoranda of
understanding or other agreements  or less formal partnerships
 with on-campus and community-based organizations to  refer
victims for assistance or  make services available to victims.
The bill would also require the governing boards to implement
comprehensive prevention programs addressing sexual assault, domestic
violence, dating violence, and stalking. By requiring community
college districts to adopt or modify certain policies and protocols,
the bill would impose a state-mandated local program.
   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 these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 67386 is added to the Education Code, to read:
   67386.  (a) The governing board of each community college
district, the Trustees of the California State University, the
Regents of the University of California, and the governing 
board   boards  of independent postsecondary
 institutions, as defined in paragraph (3) of subdivision (i)
of Section 67381,   institutions that receive pu 
 blic funds for student financial assistance  shall adopt a
policy concerning campus sexual violence, domestic violence, dating
violence, and stalking that includes all of the following:
   (1) An affirmative consent standard in the determination of
whether consent was given by a complainant. "Affirmative consent" is
a freely and affirmatively communicated willingness to participate in
particular sexual activity or behavior, expressed either by words or
clear, unambiguous actions. It is the responsibility of the person
who wants to engage in the sexual activity to ensure that he or she
has the consent of the other person to engage in the sexual activity.
Lack of protest or resistance does not mean consent, nor does
silence mean consent. For that reason, relying solely on nonverbal
communication can lead to misunderstanding. The existence of a dating
relationship between the persons involved, or the fact of a past
sexual relationship, shall not provide the basis for an assumption of
consent. Consent must be present throughout sexual activity, and at
any time, a participant can communicate that he or she no longer
consents to continuing the sexual activity. If there is confusion as
to whether a person has consented or continues to consent to sexual
activity, it is essential that the participants stop the activity
until the confusion can be clearly resolved.
   (2)  In the evaluation of complaints in the disciplinary
process, it shall not be a defense that the accused   A
provision specifying that a claim by the accused that he or she 
believed that the complainant consented to the sexual activity 
shall not be considered  under either of the following
circumstances:
   (A) The accused's belief in consent arose from the self-induced
intoxication or recklessness of the accused.
   (B) The accused did not take reasonable steps, in the
circumstances known to the accused at the time, to ascertain that the
complainant was consenting.
   (3) A preponderance of the evidence standard in the determination
of disciplinary action.
   (4) In the evaluation of complaints in the disciplinary process,
an individual under any of the following conditions is unable to
consent to the sexual activity:
   (A) Asleep or unconscious.
   (B) Incapacitated due to the influence of drugs, alcohol, or
medication.
   (C) Unable to communicate due to a mental or physical condition.
   (b) The governing board of each community college district, the
Trustees of the California State University, the Regents of the
University of California, and the governing  board 
 boards  of independent postsecondary  institutions,
as defined in paragraph (3) of subdivision (i) of Section 67381,
  institutions that receive public funds for student
financial assistance  shall adopt detailed and victim-centered
sexual assault policies and protocols that comport with best
practices and current professional standards. At a minimum, the
policies and protocols shall cover all of the following:
   (1) A policy statement on how the institution will protect the
confidentiality of  victims.   individuals
involved in the incident. 
   (2) Initial  officer  response  by the
institution's personnel  to a report of sexual assault,
including requirements specific to assisting the victim, 
evidence collection,   providing information in writing
about the importance of preserving evidence,  and the
identification and location of witnesses.
   (3) Response to stranger and nonstranger sexual assault.
   (4) The preliminary victim interview, including the development of
a victim interview protocol, and a comprehensive followup victim
interview.
   (5) Contacting and interviewing the accused. 
   (6) Medical forensic examinations and coordination with the
forensic examiner.  
   (6) Providing written notification to the victim about the
availability of, and contact information for, on- and off-campus
resources and services, and coordination with law enforcement, as
appropriate. 
   (7) Participation of victim advocates. 
   (8) Investigative considerations regarding alcohol- and
drug-facilitated sexual assault, including requirements specific to
evidence collection and forensic examination of victims. 

   (8) Investigating allegations that alcohol or drugs were involved
in the incident. 
   (9) The role of the institutional staff supervision.
   (10) Procedures for anonymous reporting of sexual assault.
   (c) To the extent feasible, the governing board of each community
college district, the Trustees of the California State University,
the Regents of the University of California, and the governing
 board   boards  of independent
postsecondary  institutions, as defined in paragraph (3) of
subdivision (i) of Section 67381,   institutions that
receive public funds for student financial assistance  shall
enter into memoranda of understanding, agreements, or 
similar   less formal  partnerships with existing
on-campus and community-based organizations, including rape crisis
centers, to  refer victims for assistance or  make services
available to victims, including counseling, health, mental health,
victim advocacy, and legal assistance.
   (d) The governing board of each community college district, the
Trustees of the California State University, the Regents of the
University of California, and the governing  board 
 boards  of independent postsecondary  institutions,
as defined in paragraph (3) of subdivision (i) of Section 67381,
  institutions that receive public funds for student
financial assistance,  shall implement comprehensive prevention
programs addressing sexual violence, domestic violence, dating
violence, and stalking. A comprehensive prevention program shall
include a range of prevention strategies, including, but not limited
to, women's empowerment programming, awareness raising campaigns,
primary prevention, bystander intervention, and risk reduction.
  SEC. 2.  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.