Amended
IN
Senate
August 01, 2022 |
Amended
IN
Senate
June 30, 2022 |
Amended
IN
Assembly
May 19, 2022 |
Amended
IN
Assembly
April 20, 2022 |
Amended
IN
Assembly
April 18, 2022 |
Amended
IN
Assembly
March 24, 2022 |
Introduced by Assembly Members Ramos and Ting (Principal coauthors: Assembly Members Bennett, Bryan, Carrillo, Cristina Garcia, Gipson, Mathis, Quirk-Silva, and Villapudua) (Coauthors: Assembly Members Eduardo Garcia, Robert Rivas, Levine, Medina, and Luz Rivas) (Coauthors: Senators Archuleta, Gonzalez, Laird, McGuire, Rubio, Umberg, and Wiener) |
February 10, 2022 |
As used in this chapter, unless the context requires otherwise, the following definitions apply:
(a)“Applicant” means a community college district, a campus of the California State University, a campus of the University of California, which may include the college named in Section 92200, or a partnership of campuses across and within the public higher education segments. “Applicant” also means the Office of the Chancellor of the California Community Colleges on behalf of one or more community college districts, the Office of the Chancellor of the California State University on behalf of one or more campuses of the California State University, or the Office of the President of the University of California on behalf of one or more campuses of the University of California.
(b)“Campus” means a community college district, a campus of the California State University, or a campus of the University of California, which may include the college named in Section 92200.
(c)“Capacity expansion projects” means projects that expand the ability of a four-year public postsecondary educational institution to support future California resident enrollment growth.
(d)“Low-income student” means either of the following:
(1)A student who is eligible to receive one or more of the following:
(A)Pell Grant financial aid under the federal Pell Grant program (20 U.S.C. Sec. 1070a).
(B)A Cal Grant under Chapter 1.7 (commencing with Section 69430) of Part 42 of Division 5 of Title 3.
(C)An exemption from paying nonresident tuition pursuant to Section 68130.5 provided that the student also meets income criteria applicable to the California Dream Act application.
(D)A fee waiver from a California Community College pursuant to Section 76300.
(2)A graduate student with income and asset levels that would qualify for one or more of the benefits in subparagraphs (A) through (D), inclusive, as determined by the campus at which the student is enrolled.
(e)“Public-private partnership” means a long-term agreement between a segment and the private sector for purposes of a student housing project, including, but not limited to, studying, planning, designing, constructing,
developing, financing, operating, maintaining, or any combination thereof, a student housing project.
(f)“Segment” means the public higher education segments of California, which are the University of California, the California State University, or the California Community Colleges.
(g)“Student housing project” means one or more housing facilities to be occupied by students of one or more campuses. These facilities may include, but are not necessarily limited to, dining, academic and student support service spaces, basic needs centers, student healthcare services, and other necessary and usual attendant and related facilities and equipment.
(a)Except as provided in subparagraph (C) of paragraph (6), the governing board of each community college district, the Trustees of the California State University, the Board of Directors of the college named in Section 92200, the Regents of the University of California, and the governing board of any postsecondary educational institution receiving public funds for student financial assistance shall do all of the following:
(1)Require the appropriate officials at each campus within their respective jurisdictions to compile records of both of the following:
(A)All occurrences reported to campus police, campus security personnel, or campus safety authorities of, and arrests for, crimes that are committed on campus and that involve violence, hate violence, theft, destruction of property, illegal drugs, or alcohol intoxication.
(B)All occurrences of noncriminal acts of hate violence reported to, and for which a written report is prepared by, designated campus authorities.
(2)Require any written record of a noncriminal act of hate violence to include, but not be limited to, the following:
(A)A description of the act of hate violence.
(B)Victim characteristics.
(C)Offender characteristics, if known.
(3)(A)Make the information concerning the crimes compiled pursuant to subparagraph (A) of paragraph (1) available within two business days following the request of any student or employee of, or applicant for admission to, any campus within their respective jurisdictions, or to the media, unless the information is the type of information exempt from disclosure pursuant to Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code, in which case the information is not required to be disclosed. Notwithstanding Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code, the name or any other personally identifying information of a victim of any crime defined by Section 243.4, 261, 262, 264, 264.1, 273a, 273d, 273.5, 286, 287, 288, 289, 422.6, 422.7, or 422.75 of, or former Section 288a of, the Penal Code shall not be disclosed without the permission of the victim, or the victim’s parent or guardian if the victim is a minor.
(B)For purposes of this paragraph and subparagraph (A) of paragraph (1), the campus police, campus security personnel, and campus safety authorities described in subparagraph (A) of paragraph (1) shall be included within the meaning of “state or local police agency” and “state and local law enforcement agency,” as those terms are used in Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code.
(4)Require the appropriate officials at each campus within their respective jurisdictions to prepare, prominently post, and copy for distribution on request, a campus safety plan that sets forth all of the following: the availability and location of security personnel, methods for summoning assistance of security personnel, any special safeguards that have been established for particular facilities or activities, any actions taken in the preceding 18 months to increase safety, and any changes in safety precautions expected to be made during the next 24 months. For purposes of this section, posting and distribution may be accomplished by including relevant safety information in a student handbook or brochure that is made generally available to students.
(5)Require the appropriate officials at each campus within their respective jurisdictions to report information compiled pursuant to paragraph (1) relating to hate violence to the governing board, trustees, board of directors, or regents, as the case may be. The governing board, trustees, board of directors, or regents, as the case may be, shall, upon collection of that information from all of the campuses within their jurisdiction, make a report containing a compilation of that information available to the general public on the internet website of each respective institution. It is the intent of the Legislature that the governing board of each community college district, the Trustees of the California State University, the Board of Directors of the college named in Section 92200, the Regents of the University of California, and the governing board of any postsecondary educational institution receiving public funds for student financial assistance establish guidelines for identifying and reporting occurrences of hate violence. It is the intent of the Legislature that the guidelines established by these institutions of higher education be as consistent with each other as possible. These guidelines shall be developed in consultation with the Department of Fair Employment and Housing and the California Association of Human Relations Organizations.
(6)(A)Notwithstanding Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code, require any report made by a victim or an employee pursuant to Section 67383 of a Part 1 violent crime, sexual assault, or hate crime, as described in Section 422.55 of the Penal Code, received by a campus security authority and made by the victim for purposes of notifying the institution or law enforcement, to be immediately, or as soon as practicably possible, disclosed to the local law enforcement agency with which the institution has a written agreement pursuant to Section 67381 without identifying the victim, unless the victim consents to being identified after the victim has been informed of the victim’s right to have the victim’s personally identifying information withheld. If the victim does not consent to being identified, the alleged assailant shall not be identified in the information disclosed to the local law enforcement agency, unless the institution determines both of the following, in which case the institution shall disclose the identity of the alleged assailant to the local law enforcement agency and shall immediately inform the victim of that disclosure:
(i)The alleged assailant represents a serious or ongoing threat to the safety of students, employees, or the institution.
(ii)The immediate assistance of the local law enforcement agency is necessary to contact or detain the assailant.
(B)The requirements of this paragraph shall not constitute a waiver of, or exception to, any law providing for the confidentiality of information.
(C)This paragraph applies only as a condition for participation in the Cal Grant Program established pursuant to Chapter 1.7 (commencing with Section 69430) of Part 42.
(b)Any person who is refused information required to be made available pursuant to subparagraph (A) of paragraph (1) of subdivision (a) may
maintain a civil action for damages against any institution that refuses to provide the information, and the court shall award that person an amount not to exceed one thousand dollars ($1,000) if the court finds that the institution refused to provide the information.
(c)For purposes of this section:
(1)“Hate violence” means any act of physical intimidation or physical harassment, physical force or physical violence, or the threat of physical force or physical violence, that is directed against any person or group of persons, or the property of any person or group of persons because of the ethnicity, race, national origin, religion, sex, sexual orientation, gender identity, gender expression, disability, or political or religious beliefs of that person or group.
(2)“Part 1 violent crime” means willful homicide, forcible rape, robbery, or aggravated assault, as defined in the Uniform Crime Reporting Handbook of the Federal Bureau of Investigation.
(3)“Sexual assault” includes, but is not limited to, rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or the threat of any of these.
(d)This section does not apply to the governing board of a private postsecondary educational institution receiving funds for student financial assistance with a full-time enrollment of less than 1,000 students.
(e)This section shall apply to a campus of one of the public postsecondary educational systems identified in subdivision (a) only if that campus has a full-time equivalent enrollment of more than 1,000 students.
(f)Notwithstanding any
other provision of this section, this section shall not apply to the California Community Colleges unless and until the Legislature makes funds available to the California Community Colleges for the purposes of this section.
(2)For purposes of this subdivision, “consultation” means the same as that term is defined in Section 65352.4 of the Government Code.
(3)This subdivision
As used in this chapter:
(a)“Employee” means a civil service employee of the State of California. The “State of California” as used in this chapter includes those state agencies, boards, and commissions as may be designated by law that employ civil service employees, except the University of California, the college named in Section 92200 of the Education Code, and the California State University.
(b)“Excluded employee,” means all managerial employees, as defined in subdivision (e) of Section 3513, all confidential employees, as defined in subdivision (f) of Section 3513, and all supervisory employees, as defined in subdivision (g) of Section 3513, and all civil service employees of the Department of Human Resources,
professional employees of the Department of Finance engaged in technical or analytical state budget preparation other than the auditing staff, professional employees in the Personnel/Payroll Services Division of the Controller’s office engaged in technical or analytical duties in support of the state’s personnel and payroll systems other than the training staff, employees of the Legislative Counsel Bureau, employees of the Bureau of State Audits, employees of the Public Employment Relations Board, conciliators employed by the California State Mediation and Conciliation Service, employees of the office of the State Chief Information Officer except as provided in Section 11546.5, and intermittent athletic inspectors who are employees of the State Athletic Commission.
(c)“Supervisory employee organization” means an organization that represents members who are supervisory employees under subdivision (g) of Section 3513.
(d)“Excluded employee organization” means an organization that includes excluded employees of the state, as defined in subdivision (b), and that has as one of its primary purposes representing its members in employer-employee relations. Excluded employee organization includes supervisory employee organizations.
(e)“State employer” or “employer,” for purposes of meeting and conferring on matters relating to supervisory employer-employee relations, means the Governor or the Governor’s designated representatives.