Bill Text: CA AB967 | 2015-2016 | Regular Session | Enrolled
Bill Title: Postsecondary education: sexual assault cases.
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Vetoed) 2016-01-15 - Consideration of Governor's veto stricken from file. [AB967 Detail]
Download: California-2015-AB967-Enrolled.html
BILL NUMBER: AB 967 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 8, 2015
PASSED THE ASSEMBLY SEPTEMBER 9, 2015
AMENDED IN SENATE JULY 14, 2015
AMENDED IN ASSEMBLY JUNE 1, 2015
AMENDED IN ASSEMBLY APRIL 23, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Williams
(Coauthors: Assembly Members Bonilla, Cristina Garcia, Low,
McCarty, Rendon, Rodriguez, and Waldron)
FEBRUARY 26, 2015
An act to add Section 67386.5 to the Education Code, relating to
postsecondary education.
LEGISLATIVE COUNSEL'S DIGEST
AB 967, Williams. Postsecondary education: sexual assault cases.
Existing law establishes the University of California, under the
administration of the Regents of the University of California, the
California State University, under the administration of the Trustees
of the California State University, the California Community
Colleges, under the administration of the Board of Governors of the
California Community Colleges, and independent institutions of higher
education as the segments of postsecondary education in this state.
Existing law requires the governing board of each community
college district, the Trustees of the California State University,
the Regents of the University of California, if they adopt a
specified resolution, and the Board of Directors of the Hastings
College of the Law to adopt, and implement at each of their
respective campuses or other facilities, a written procedure or
protocols to ensure, to the fullest extent possible, that students,
faculty, and staff who are victims of sexual assault committed at or
upon the grounds of, or upon off-campus grounds or facilities
maintained by, the institution, receive treatment and information.
This bill would require, 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 board
of each independent postsecondary institution to adopt and carry out
a uniform process, applicable to each campus of the institution, for
disciplinary proceedings relating to any claims of sexual assault as
defined by the institution's adopted sexual assault policies.
The bill would additionally require, until December 31, 2021, 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 board of each independent postsecondary
institution to report, on or before October 1, 2017, and on an
annual basis thereafter, specified data relating to cases of alleged
sexual assault, domestic violence, dating violence, and stalking. The
bill would require that report to be posted on the respective
institution's Internet Web site in a manner easily accessible to
students.
The bill would also require that the information reported pursuant
to these provisions to be reported in a manner that provides
appropriate protections for the privacy of individuals involved,
including, but not necessarily limited to, protection of the
confidentiality of the alleged victim and of the alleged perpetrator.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 67386.5 is added to the Education Code, to
read:
67386.5. (a) Notwithstanding Section 67400, 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 board of each independent postsecondary institution shall
adopt and carry out a uniform process, applicable to each campus of
the institution, for disciplinary proceedings of registered students
relating to any claims of sexual assault as defined by an institution'
s policies adopted pursuant to Section 67386. At a minimum, the
policies shall conform to both of the following:
(1) The institution shall not carry out a different disciplinary
process on the same campus for a matter of sexual assault as defined
by an institution's policies adopted pursuant to Section 67386, or
alter the uniform process based on the status or characteristics of a
student who will be involved in that disciplinary proceeding,
including characteristics such as a student's membership on an
athletic team, a student's academic major, or any other
characteristic or status of a student.
(2) (A) The institution shall develop and implement consistent
standards of discipline for registered students found responsible for
sexual assault as defined by an institution's policies adopted
pursuant to Section 67386. These standards shall provide for specific
forms of discipline, to include expulsion, suspension, loss of
institutional financial aid or scholarships, loss of activity
privileges, and removal from student housing.
(B) It is the intent of the Legislature that the standards of
discipline developed and implemented by institutions be fair,
objective, and consistent, and, for the most egregious violations of
the institution's sexual assault policies, provide for a minimum
suspension of at least two years up to, and including, expulsion.
(b) (1) Notwithstanding Section 67400, 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 board of each independent postsecondary institution shall
report on or before October 1, 2017, and annually thereafter, all of
the following information for the prior calendar year:
(A) The number of sexual assault, domestic violence, dating
violence, and stalking complaints that were received by the
institution.
(B) The number of sexual assault, domestic violence, dating
violence, and stalking complaints that were investigated by the
institution.
(C) The number of sexual assault, domestic violence, dating
violence, and stalking complaints that were not investigated by the
institution.
(D) The number of investigations conducted pursuant to
subparagraph (B) in which the respondents were found responsible at
the disciplinary proceedings of the institution.
(E) The number of investigations conducted pursuant to
subparagraph (B) in which the respondents were not found responsible
at the disciplinary proceedings of the institution.
(F) The number of disciplinary sanctions imposed on respondents
who were found responsible as determined pursuant to subparagraph (D)
disaggregated by the type of discipline imposed in, at minimum, the
following categories:
(i) Expulsion.
(ii) Suspension of at least two years.
(iii) Suspension of fewer than two years.
(iv) Probation.
(G) The number of cases that were closed for other reasons.
(2) The report required pursuant to paragraph (1) shall be posted
on the institution's Internet Web site in a manner easily accessible
to students.
(3) This subdivision shall remain in effect only until December
31, 2021.
(c) For purposes of this section, "sexual assault, domestic
violence, dating violence, and stalking" refer to all of the
categories of misconduct in the institution's policy adopted pursuant
to Section 67386.
(d) The information reported pursuant to this section shall be
reported in a manner that provides appropriate protections for the
privacy of individuals involved, including, but not necessarily
limited to, protection of the confidentiality of the alleged victim
and of the alleged perpetrator, consistent with the federal Family
Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g).
