Bill Text: CA AB543 | 2019-2020 | Regular Session | Introduced

California Assembly Bill 543 (Prior Session Legislation)

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

Bill Title: Education: sexual harassment: written policy: posters.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Passed) 2019-10-02 - Chaptered by Secretary of State - Chapter 428, Statutes of 2019. [AB543 Detail]

Download: California-2019-AB543-Introduced.html

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 543

Introduced by Assembly Member Smith
(Coauthor: Senator Leyva)

February 13, 2019

An act to amend Section 231.5 of the Education Code, relating to education.

LEGISLATIVE COUNSEL'S DIGEST

AB 543, as introduced, Smith. Education: sexual harassment: written policy: posters.

Existing law requires each educational institution in the state to display in a prominent location in the main administrative building or other area of the campus or schoolsite the institution’s written policy on sexual harassment.

This bill would instead require each educational institution to create a poster that notifies pupils of the institution’s written policy on sexual harassment and to prominently and conspicuously display the poster in specified public and private areas on campus. The bill would require the poster to be age-appropriate and culturally relevant, be no smaller than 8.5 by 11 inches and 12-point font, and display certain information pertaining to the policy, including the rules and procedures for reporting charges of sexual harassment.

Existing law requires a copy of each educational institution’s written policy on sexual harassment, as it pertains to students, to be provided as part of any orientation program conducted for new students at the beginning of each quarter, semester, or summer session.

This bill would require a copy of the policy to be provided to continuing pupils under the same conditions.

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

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

SECTION 1.

Section 231.5 of the Education Code is amended to read:

231.5.

(a) It is the policy of the State of California, pursuant to Section 200, that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind in the educational institutions of the state. The purpose of this section is to provide notification of the prohibition against sexual harassment as a form of sexual discrimination and to provide notification of available remedies.

(b) Each educational institution in the State of California shall have a written policy on sexual harassment. It is the intent of the Legislature that each educational institution in this state include this policy in its regular policy statement rather than distribute an additional written document.

(c) The educational institution’s written policy on sexual harassment shall include information on where to obtain the specific rules and procedures for reporting charges of sexual harassment and for pursuing available remedies.

(d)A copy of the educational institution’s written policy on sexual harassment shall be displayed in a prominent location in the main administrative building or other area of the campus or schoolsite. “Prominent location” means that location, or those locations, in the main administrative building or other area where notices regarding the institution’s rules, regulations, procedures, and standards of conduct are posted.
(d) (1) Each educational institution in the state shall create a poster that notifies pupils of the educational institution’s written policy on sexual harassment.
(2) The educational institution may partner with local, state, or federal agencies, or nonprofit organizations for purposes of the design and content of the poster, and to ensure that the language in the poster is age-appropriate and culturally relevant.
(3) The poster shall be displayed in English, Spanish, and any other language commonly spoken by pupils at the educational institution.
(4) The poster shall be no smaller than 8.5 by 11 inches and 12-point font, and shall display, at a minimum, all of the following:
(A) The rules and procedures for reporting charges of sexual harassment.
(B) The name, phone number, and email of an appropriate school official to contact to report charges of sexual harassment.
(C) The rights of the reporting pupil, the victim, the accused, and the responsibilities of the educational institution in accordance with the policy.
(5) The poster shall be prominently and conspicuously displayed in the following places:
(A) Each bathroom and locker room on campus.
(B) Public areas on campus that are accessible to, and commonly frequented by, pupils, including, but not limited to, classrooms, classroom hallways, gymnasiums, auditoriums, and cafeterias.

(e) A copy of the educational institution’s written policy on sexual harassment, as it pertains to ~~students,~~ pupils, shall be provided as part of any orientation program conducted for new ~~students~~ and continuing pupils at the beginning of each quarter, semester, or summer session, as applicable.

(f) A copy of the educational institution’s written policy on sexual harassment shall be provided for each faculty member, all members of the administrative staff, and all members of the support staff at the beginning of the first quarter or semester of the school year, or at the time that there is a new employee hired.

(g) A copy of the educational institution’s written policy on sexual harassment shall appear in any publication of the institution that sets forth the comprehensive rules, regulations, procedures, and standards of conduct for the institution.