Bill Text: CA AB1905 | 2023-2024 | Regular Session | Amended

California Assembly Bill 1905

CA State Legislature page for AB1905

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

Bill Title: Public postsecondary education: employment: settlements, informal resolutions, and retreat rights.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-05-20 - Read second time. Ordered to third reading. [AB1905 Detail]

Download: California-2023-AB1905-Amended.html

Amended IN Assembly March 19, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1905

Introduced by Assembly Member Addis

January 23, 2024

An act to add Section 66284 to the Education Code, relating to public postsecondary education.

LEGISLATIVE COUNSEL'S DIGEST

AB 1905, as amended, Addis. ~~California State University: terms of employment.~~ Public postsecondary education: employment: settlements, informal resolutions, and retreat rights.

Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, the California State University, under the administration of the Trustees of the California State University, and the University of California, under the administration of the Regents of the University of California as the 3 segments of public postsecondary education in the state. Existing law establishes the College of the Law, San Francisco, under the governance of the Board of Directors of the College of the Law, San Francisco, within the University of California.
This bill would prohibit an employee of a public postsecondary educational institution, defined as any campus of the California Community Colleges, the California State University, the University of California, or the College of the Law, San Francisco, from being eligible for retreat rights and from receiving a letter of recommendation if the employee is the respondent in a sexual harassment complaint and the employee is determined to have committed sexual harassment, or the employee resigns from their current position before a final administrative decision is made, as provided. The bill would retroactively apply those prohibitions to existing employment contracts between an employee and a public postsecondary educational institution, as provided. The bill would require public postsecondary educational institutions, as a condition of receiving state financial assistance, to adopt a written policy on settlements and informal resolutions of complaints of sexual harassment in cases where the respondent is an employee of the institution. The bill would require the written policy to include, among other things, a provision that requires specified approvals for all offers of sexual harassment settlements and informal resolutions. By imposing new duties on community college districts, 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 the statutory provisions noted above.
Existing law establishes the California State University and provides for its administration by the Trustees of the California State University. Existing law requires the trustees to provide by rule for the government of their appointees and employees.
This bill would state the intent of the Legislature to enact future legislation related to settlements, removal from a position, retreat opportunities, and return to a tenured faculty position if, following a completed Title IX investigation, an administrator is found to be in violation of the California State University Title IX sexual harassment policy.

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

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

SECTION 1.

Section 66284 is added to the Education Code, to read:

66284.
(a) It is the policy of the State of California, pursuant to Section 66251, that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind in the postsecondary educational institutions of the state.
(b) (1) An employee of a public postsecondary educational institution shall be ineligible for retreat rights and shall not receive a letter of recommendation if the employee is the respondent in a sexual harassment complaint filed with the institution and either of the following occurs:
(A) The employee is determined in a final administrative decision to have committed sexual harassment.
(B) Before a final administrative decision is made, the employee resigns from their current position.
(2) Ineligibility for retreat rights pursuant to paragraph (1) is retroactive and applies to all employment contracts, including employment contracts that exist as of January 1, 2025, between an employee and a public postsecondary educational institution.
(c) Notwithstanding Section 67400, in order to receive state financial assistance, as defined in Section 213, the appropriate governing board or body of each public postsecondary educational institution shall adopt a written policy on settlements and informal resolutions of complaints of sexual harassment in cases where the respondent is an employee of the institution. The written policy, at a minimum, shall include both of the following provisions:
(1) A provision that prohibits a settlement, an informal resolution, or both, from being offered or entered into if any of following apply:
(A) A complainant of the sexual harassment complaint filed against an employee respondent is a student.
(B) An employee respondent is accused of committing sexual assault, sexual violence, or sexual battery.
(C) The settlement or informal resolution includes a nondisclosure agreement.
(2) A provision that requires the campus chief executive officer to preliminarily approve all offers of sexual harassment settlements and informal resolutions, and subsequently, requires the governing board of a community college district, the Trustees of the California State University, the Regents of the University of California, or the Board of Directors of the College of the Law, San Francisco, as applicable, to formally approve those offers of settlements and informal resolutions.
(d) For purposes of this section, the following definitions apply:
(1) “Chief executive officer” means the president of a community college campus or a California State University campus, the chancellor of a University of California campus, or the dean of the College of the Law, San Francisco.
(2) “Final administrative decision” means the written determination of whether or not sexual harassment occurred as determined by the decisionmaker following the final investigative report and the subsequent hearing.
(3) “Public postsecondary educational institution” means any campus of the California Community Colleges, the California State University, the University of California, or the College of the Law, San Francisco.
(4) “Respondent” means the person accused of engaging in prohibited conduct under Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681(a)(3)) or under a public postsecondary educational institution’s written policy on sexual harassment.
(5) “Retreat rights” means the ability of an administrator who was required to relinquish tenure as a faculty member to become an administrator to return to a faculty position if their administrative role comes to an end.
(6) “Settlement” or “informal resolution” means an agreement between a public postsecondary educational institution and a respondent for the purpose of resolving a complaint of sexual harassment before a final administrative decision is made.

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.

SECTION 1.
It is the intent of the Legislature to enact future legislation related to settlements, removal from a position, retreat opportunities, and return to a tenured faculty position if, following a completed Title IX investigation, an administrator is found to be in violation of the California State University Title IX sexual harassment policy.