Bill Text: CA AB2047 | 2023-2024 | Regular Session | Amended

California Assembly Bill 2047

CA State Legislature page for AB2047

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

Bill Title: Public postsecondary education: discrimination prevention.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-06-11 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on ED. [AB2047 Detail]

Download: California-2023-AB2047-Amended.html

Amended IN Assembly March 19, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2047

Introduced by Assembly Member Mike Fong

February 01, 2024

An act ~~relating to postsecondary education.~~ to add Section 66280 to the Education Code, relating to public postsecondary education.

LEGISLATIVE COUNSEL'S DIGEST

AB 2047, as amended, Mike Fong. ~~Postsecondary~~ Public postsecondary education: discrimination prevention: systemwide ~~offices.~~ offices of civil 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 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 state the intent of the Legislature to enact future legislation that would create systemwide Title IX and nondiscrimination offices at postsecondary educational institutions in the state and would require those offices to enact policies to prevent discrimination on their respective campuses. require, for compliance with those nondiscrimination provisions, the California Community Colleges, the California State University, and the University of California to each establish, on or before July 1, 2026, a systemwide Office of Civil Rights to be led by a systemwide Title IX coordinator, as specified. The bill would require each systemwide Office of Civil Rights to establish a systemwide nondiscrimination policy, and to develop and implement a grievance procedure for sex discrimination complaints in which the respondent is a systemwide employee, a member of the systemwide governing body, or other specified person, as provided. The bill would also require each systemwide Office of Civil Rights to, among other things, provide specified education and training, establish best practices guidance on sex discrimination prevention and complaint adjudication, and oversee campus- and district-based Title IX offices. To the extent that the bill would impose 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.

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

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

SECTION 1.

Section 66280 is added to the Education Code, to read:

66280.
(a) For purposes of this section, the following definitions apply:
(1) “Leader of the system” means the Chancellor of the California Community Colleges, the Chancellor of the California State University, or the President of the University of California.
(2) “Systemwide governing board” means the Board of Governors of the California Community Colleges, the Board of Trustees of the California State University, or the Regents of the University of California.
(3) “Systemwide office of the leader of the system” means the office of the Chancellor of the California Community Colleges, the office of the Chancellor of the California State University, or the office of the President of the University of California.
(b) Notwithstanding any other law, in order to be in compliance with Section 66270, the California Community Colleges, the California State University, and the University of California shall each do both of the following on or before July 1, 2026:
(1) Establish a systemwide Office of Civil Rights for the purpose of ensuring campus programs and activities are free from sex discrimination. The office shall be located in, but independent from, the systemwide office of the leader of the system. The office shall be led by the systemwide Title IX coordinator designated pursuant to paragraph (2), who shall report directly to the systemwide governing board, and who shall be responsible for coordinating the system’s implementation and compliance with the systemwide nondiscrimination policies established pursuant to this section.
(2) Establish the position of, and designate a staff person as, the systemwide Title IX coordinator to oversee and monitor the compliance of each campus-based or district-based Title IX office with federal and state laws pertaining to sex discrimination. The systemwide Title IX coordinator shall have the experience, training, and expertise necessary to coordinate and carry out the requirements of the systemwide Office of Civil Rights pursuant to this section, and to, if necessary, recruit, hire, and train the necessary personnel to carry out the requirements of this section.
(c) The systemwide Office of Civil Rights established pursuant to paragraph (1) of subdivision (b) shall do all the following:
(1) (A) In consultation with confidential advocates, sexual assault and domestic violence counselors, students, faculty, and staff, establish and adopt a single, systemwide nondiscrimination policy for the entire system. The policy shall include the policies and procedures required pursuant to Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681, et seq.) and Sections 66281.5, 66281.8, 67385, 67385.7, and 67386.
(B) The systemwide nondiscrimination policy shall be reviewed and, if necessary, updated annually by the systemwide Title IX coordinator and the leader of the system in consultation with campus Title IX coordinators or district Title IX coordinators and representatives from student, faculty, and staff groups affiliated with the system. Any changes to the systemwide nondiscrimination policy shall be presented to the systemwide governing board for approval.
(2) In accordance with the policy adopted pursuant to paragraph (1), develop and implement a grievance procedure for prompt and equitable processing, adjudication, and resolution of all complaints of sex discrimination filed by students, faculty, or staff in which the respondent is any of the following:
(A) A campus chief executive officer.
(B) A campus chancellor.
(C) A campus president.
(D) A campus-based or district-based Title IX coordinator.
(E) An employee of the systemwide office of the leader of the system.
(F) A member of the systemwide governing board.
(3) Adjudicate any complaints described in paragraph (2) in accordance with the systemwide nondiscrimination policy adopted pursuant to paragraph (1).
(4) Provide annual training for personnel in campus-based or district-based Title IX offices as required pursuant to Sections ____ and ____.
(5) Establish best practices guidance for the prevention of sex discrimination and the adjudication of complaints of sex discrimination as required by the systemwide nondiscrimination policy adopted pursuant to paragraph (1).
(6) Oversee and monitor the activities of campus-based or district-based Title IX offices to ensure sex discrimination complaints are timely adjudicated and to ensure the campus-based and district-based Title IX offices are addressing patterns of sex discrimination on campus.
(7) Develop and implement a comprehensive prevention education and prevention training program for students, faculty, and staff on campuses within the system. The prevention education and prevention training shall do, or include, all of the following:
(A) Incorporate required bystander prevention training, policy awareness training, and assault prevention training.
(B) Adopt an approach of intersectionality that calls for a pursuit of culturally relevant programs and practices that name and meaningfully consider how students, faculty, and staff of various identities, including, but not limited to, race, gender identity, class, sexual orientation, and ability, interact with each other.
(C) Training that contains feedback loops to determine if the training is having the intended effect.
(D) Training that complies with Section 67385.7.
(8) Process appeals for sex discrimination complaints pursuant to Section 66292.3.
(9) Meet with each campus-based or district-based Title IX coordinator once every three months to evaluate and access the coordinator’s compliance with Sections ____ and ____.
(10) (A) Establish a list of regionally based hearing officers who are trained in the systemwide nondiscrimination policy adopted pursuant to paragraph (1) and Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681, et seq.), and are neutral and impartial to the outcome of the hearing. A hearing officer may be a Title IX coordinator from an adjacent campus.
(B) The systemwide Office of Civil Rights shall ensure that the complainant and the respondent in a sex discrimination complaint described in paragraph (2) agree on an impartial hearing officer from the list established in paragraph (10). If the respondent and complainant are unable to reach an agreement, the systemwide Title IX coordinator shall select the hearing officer.
(11) Establish disciplinary sanction guidelines for respondents who are students, faculty, or staff of the system and who are found to have violated the system’s nondiscrimination policy.
(12) Compile the three-month evaluations provided pursuant to Sections ____ and ____ within an academic year into an annual report. The report shall be provided to the systemwide governing board and the leader of the system. The report shall be presented annually during a public hearing of the systemwide governing board and shall be posted on the systemwide internet website.
(13) Annually assess whether the systemwide Office of Civil Rights requires additional staffing or resources to comply with this section, and, if required, make a written request for the additional staffing or resources to be included in the annual systemwide budget request made by the system to the Legislature.

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 that would create systemwide Title IX and nondiscrimination offices at postsecondary educational institutions in the state and would require those offices to enact policies to prevent discrimination on their respective campuses.