Bill Text: CA AB1466 | 2015-2016 | Regular Session | Introduced
Bill Title: Student safety: sexual assault.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2016-02-01 - Died at Desk. [AB1466 Detail]
Download: California-2015-AB1466-Introduced.html
BILL NUMBER: AB 1466 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Burke
FEBRUARY 27, 2015
An act to amend Section 67386 of the Education Code, relating to
student safety.
LEGISLATIVE COUNSEL'S DIGEST
AB 1466, as introduced, Burke. Student safety: sexual assault.
Existing 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 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.
Existing law also 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, in order to receive state
funds for student financial assistance, to adopt policies concerning
sexual assault, 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. Existing law also requires these governing boards, in
order to receive those state funds, to adopt certain sexual assault
policies and protocols, as specified, and requires the governing
boards, to the extent feasible, to enter into memoranda of
understanding or other agreements or collaborative partnerships with
on-campus and community-based organizations to refer students for
assistance or make services available to students. Existing law also
requires the governing boards, in order to receive those state funds,
to implement comprehensive prevention and outreach programs
addressing sexual assault, domestic violence, dating violence, and
stalking.
This bill would make nonsubstantive changes in this provision.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 67386 of the Education Code is amended to read:
67386. (a) In order to receive state funds for student financial
assistance, 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 boards of
board of each independent postsecondary
institutions institution shall adopt a policy
concerning sexual assault, domestic violence, dating violence, and
stalking, as defined in the federal Higher Education Act of 1965 (20
U.S.C. Sec. 1092(f)) involving a student, both on and off campus. The
policy shall include all of the following:
(1) An affirmative consent standard in the determination of
whether consent was given by both parties to sexual activity.
"Affirmative consent" means affirmative, conscious, and voluntary
agreement to engage in sexual activity. It is the responsibility of
each person involved in the sexual activity to ensure that he or she
has the affirmative consent of the other or others to engage in the
sexual activity. Lack of protest or resistance does not mean consent,
nor does silence mean consent. Affirmative consent must be ongoing
throughout a sexual activity , and can be revoked at any
time. The existence of a dating relationship between the persons
involved, or the fact of past sexual relations between them, should
never by itself be assumed to be an indicator of consent.
(2) A policy that, in the evaluation of complaints in any
disciplinary process, it shall not be a valid excuse to alleged lack
of affirmative consent that the accused believed that the complainant
consented to the sexual activity under either of the following
circumstances:
(A) The accused's belief in affirmative consent arose from the
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 whether
the complainant affirmatively consented.
(3) A policy that the standard used in determining whether the
elements of the complaint against the accused have been demonstrated
is the preponderance of the evidence.
(4) A policy that, in the evaluation of complaints in the
disciplinary process, it shall not be a valid excuse that the accused
believed that the complainant affirmatively consented to the sexual
activity if the accused knew or reasonably should have known that the
complainant was unable to consent to the sexual activity under any
of the following circumstances:
(A) The complainant was asleep or unconscious.
(B) The complainant was incapacitated due to the influence of
drugs, alcohol, or medication, so that the complainant could not
understand the fact, nature, or extent of the sexual activity.
(C) The complainant was unable to communicate due to a mental or
physical condition.
(b) In order to receive state funds for student financial
assistance, 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 boards of
board of each independent postsecondary
institutions institution shall adopt detailed
and victim-centered policies and protocols regarding sexual assault,
domestic violence, dating violence, and stalking involving a student
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 provide
appropriate protections for the privacy of individuals involved,
including confidentiality.
(2) Initial response by the institution's personnel to a report of
an incident, including requirements specific to assisting the
victim, 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, as appropriate.
(5) Contacting and interviewing the accused.
(6) Seeking the identification and location of witnesses.
(7) 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.
(8) Participation of victim advocates and other supporting people.
(9) Investigating allegations that alcohol or drugs were involved
in the incident.
(10) Providing that an individual who participates as a
complainant or witness in an investigation of sexual assault,
domestic violence, dating violence, or stalking will not be subject
to disciplinary sanctions for a violation of the institution's
student conduct policy at or near the time of the incident, unless
the institution determines that the violation was egregious,
including, but not limited to, an action that places the health or
safety of any other person at risk or involves plagiarism, cheating,
or academic dishonesty.
(11) The role of the institutional staff supervision.
(12) A comprehensive, trauma-informed training program for campus
officials involved in investigating and adjudicating sexual assault,
domestic violence, dating violence, and stalking cases.
(13) Procedures for confidential reporting by victims and third
parties.
(c) In order to receive state funds for student financial
assistance, 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 boards of
board of each independent postsecondary
institutions institution shall, to the extent
feasible, enter into memoranda of understanding, agreements, or
collaborative partnerships with existing on-campus and
community-based organizations, including rape crisis centers, to
refer students for assistance or make services available to students,
including counseling, health, mental health, victim advocacy, and
legal assistance, and including resources for the accused.
(d) In order to receive state funds for student financial
assistance, 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 boards of
board of each independent postsecondary
institutions institution shall implement
comprehensive prevention and outreach 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, empowerment programming
for victim prevention, awareness raising campaigns, primary
prevention, bystander intervention, and risk reduction. Outreach
programs shall be provided to make students aware of the institution'
s policy on sexual assault, domestic violence, dating violence, and
stalking. At a minimum, an outreach program shall include a process
for contacting and informing the student body, campus organizations,
athletic programs, and student groups about the institution's overall
sexual assault policy, the practical implications of an affirmative
consent standard, and the rights and responsibilities of students
under the policy.
(e) Outreach programming shall be included as part of every
incoming student's orientation.
