Bill Text: CA SB1166 | 2023-2024 | Regular Session | Amended
Bill Title: Public postsecondary education: sex discrimination reports.
Spectrum: Strong Partisan Bill (Democrat 12-1)
Status: (Enrolled) 2024-08-30 - Assembly amendments concurred in. (Ayes 40. Noes 0.) Ordered to engrossing and enrolling. [SB1166 Detail]
Download: California-2023-SB1166-Amended.html
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Amended
IN
Assembly
August 19, 2024 |
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Amended
IN
Assembly
June 20, 2024 |
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Amended
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Senate
March 18, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 1166
| Introduced by Senator Dodd (Principal coauthor: Assembly Member Cervantes) (Coauthors: Assembly Members Alanis, Alvarez, Boerner, Connolly, Mike Fong, Garcia, Grayson, Ortega, Pellerin, Quirk-Silva, and Luz Rivas) |
February 14, 2024 |
An act to amend Section 66282 of, and to add Sections 66282.1 and 66282.2 to, the Education Code, relating to public postsecondary education.
LEGISLATIVE COUNSEL'S DIGEST
SB 1166, as amended, Dodd.
Public postsecondary education: annual report: sex discrimination. discrimination reports.
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 requires the California State University, on or before December 1 of each year, to submit a report to the Legislature on the investigations and outcomes of sexual harassment reports and formal sexual harassment complaints, and to post the annual reports on its internet website, as provided.
This bill would instead require the California State University, on or
before December 1 of each year, to submit a report to the Legislature that provides a summation of the activities undertaken by each campus and by the systemwide Title IX office to ensure campus programs and activities are free from sex discrimination, and would revise the content of the report, as provided. The bill would additionally require the California Community Colleges, on or before December 1, 2026, and on or before December 1 every 3 years thereafter, and request the University of California, on or before December 1, 2026, and on or before each December 1 thereafter, to submit an analogous report to the Legislature that provides a summation of the activities undertaken by each district or campus, as applicable, and by each systemwide Title IX office, to ensure campus programs and activities are free from sex discrimination, as provided. The bill would require the office of the Chancellor of
the California Community Colleges, and request the University of California, to post the certain annual reports reports on their respective internet websites. The bill would require the California State University, and request the University of California, to present each report during a public meeting of the trustees or the regents, as applicable.
This bill would require, on or before September 1, 2026, and on or before each September 1 thereafter, the governing board of each community college district to prepare and submit to the chancellor’s office a report on the activities undertaken
by each community college district to ensure campus programs and activities are free from sex discrimination, as provided. The bill would require each community college district to post the annual reports on its internet website and to present each report during a public meeting of the governing board of the community college district. By imposing new requirements 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 66282 of the Education Code is amended to read:66282.
(a) It is the intent of the Legislature that the California State University annually report to the Legislature on the institution’s efforts to prevent and address sex discrimination on campuses of the California State University.(b) The California State University shall, on or before December 1 of each year, submit a report to the Legislature, in compliance with Section 9795 of the Government Code, that provides a summation of the activities undertaken by each campus and by the systemwide Title IX office to ensure campus programs and activities are free from sex discrimination. The report shall include, but is not limited to, all of the following information:
(1) (A) The number of sexual harassment reports filed disaggregated by each individual campus and the chancellor’s office.
(B) The number of sexual harassment complaints filed with the campus-based or systemwide Title IX coordinator disaggregated by each individual campus and the chancellor’s office. Sexual harassment complaints shall include all sexual harassment complaints that have been submitted to a Title IX office regardless of whether or not an official investigation has begun.
(2) The number of sexual harassment complaints under investigation, the length of time taken to commence an official investigation after a sexual harassment complaint is filed, and the length of time taken
from the beginning of an investigation to the completion of a final investigative report, disaggregated by each individual campus and the chancellor’s office as follows:
(A) The length of time taken to commence an official investigation after a sexual harassment complaint is filed shall be grouped in the following categories:
(i) Less than two weeks.
(ii) Two weeks to one month.
(iii) One to three months.
(iv) Three to six months.
(v) Six to 12 months.
(vi) Twelve to 18
months.
(vii) More than 18 months.
(B) The length of time taken from the beginning of an investigation to the completion of a final investigative report shall be grouped in the following categories:
(i) Less than six months.
(ii) Six to 12 months.
(iii) Twelve to 18 months.
(iv) More than 18 months.
(3) The number of hearings conducted for sexual harassment complaints and the outcomes of those hearings disaggregated by each individual campus and the chancellor’s office.
The outcomes of those hearings shall be grouped in the following categories:
(A) An informal resolution or settlement was agreed to by the complainant and respondent.
(B) A hearing was convened and a final administrative decision was rendered by the decisionmaker.
(C) A hearing is scheduled or has concluded, but the decisionmaker has not rendered a final administrative decision.
(4) (A) The number of appeals requested by either the complainant or respondent disaggregated by each individual campus and the chancellor’s office.
(B) The outcomes of the appeals identified in
subparagraph (A) disaggregated by each individual campus and the chancellor’s office.
(C) The outcomes of appeals that occur if an employee respondent elects to appeal a discipline sanction as a result of the complaint through the appeal process provided by the employee’s collective bargaining agreement or pursuant to Sections 89539 and 89542.5.
(5) A list of the personnel disaggregated by campus who are exempt from being responsible employees pursuant to subparagraph (C) of paragraph (2) of subdivision (a) of Section 66281.8.
(c) The California State University shall post the annual reports described in subdivision (b) on its internet website and shall present each report during a public meeting of the
trustees.
(d) For purposes of this section, the following definitions apply:
(1) “Chancellor’s office” means the office of the Chancellor of the California State University.
(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) “Final investigative report” means the final report of the summary of relevant evidence provided by the Title IX investigator to the complainant and respondent.
(4) “Sexual harassment” has the same meaning as
described in Section 66262.5.
SEC. 2.
Section 66282.1 is added to the Education Code, to read:66282.1.
(a) It is the intent of the Legislature that the California Community Colleges(b) On or before September 1, 2026, and on or before each September 1 thereafter, the governing board of each community college district shall prepare and submit to the chancellor’s office a report on the activities undertaken by the community college district
to ensure campus programs and activities are free from sex discrimination. The report shall include, but is not limited to, all of the following information:
(1) (A) The number of sexual harassment reports filed disaggregated by each individual campus of the community college district.
(B) The number of sexual harassment complaints filed with the district Title IX office disaggregated by each individual campus of the community college district. Sexual harassment complaints shall include all sexual harassment complaints that have been submitted to a Title IX office regardless of whether or not an official investigation has begun.
(2) The number of sexual harassment complaints under investigation,
the length of time taken to commence an official investigation after a sexual harassment complaint is filed, and the length of time taken from the beginning of an investigation to the completion of a final investigative report, disaggregated by each individual campus of the community college district as follows:
(A) The length of time taken to commence an official investigation after a sexual harassment complaint is filed shall be grouped in the following categories:
(i) Less than two weeks.
(ii) Two weeks to one month.
(iii) One to three months.
(iv) Three to six months.
(v) Six to 12 months.
(vi) Twelve to 18 months.
(vii) More than 18 months.
(B) The length of time taken from the beginning of an investigation to the completion of a final investigative report shall be grouped in the following categories:
(i) Less than six months.
(ii) Six to 12 months.
(iii) Twelve to 18 months.
(iv) More than 18 months.
(3) The number
of hearings conducted for sexual harassment complaints and the outcomes of those hearings disaggregated by each individual campus. The outcomes of those hearings shall be grouped in the following categories:
(A) An informal resolution or settlement was agreed to by the complainant and respondent.
(B) A hearing was convened and a final administrative decision was rendered by the decisionmaker.
(C) A hearing is scheduled or has concluded, but the decisionmaker has not rendered a final administrative decision.
(4) (A) The number of appeals requested by either the complainant or respondent disaggregated by each individual campus.
(B) The outcomes of the appeals identified in subparagraph (A) disaggregated by each individual campus.
(C) The outcomes of appeals that occur if an employee respondent elects to appeal a discipline sanction as a result of the complaint through the appeal process provided by the employee’s collective bargaining agreement or pursuant to Sections 87669, 88013, and 88124.
(5) A list of the personnel disaggregated by campus who are exempt from being responsible employees pursuant to subparagraph (C) of paragraph (2) of subdivision (a) of Section 66281.8.
(c) Each community college district shall post the annual reports described in subdivision (b) on its
internet website and shall present each report during a public meeting of the governing board of the community college district.
(d) On or before December 1, 2026, and on or before each December 1 every three years thereafter, the chancellor’s office shall submit a report to the Legislature, in compliance with Section 9795 of the Government Code, that provides a summation of the activities undertaken by each community college district and by the systemwide Title IX office to ensure campus programs and activities are free from sex discrimination. The report shall include, but is not limited to, the reports provided by each community college district pursuant to subdivision
(b).
(e) The chancellor’s office shall post the annual reports described in subdivision (c) on its internet website.
(f) For purposes of this section, the following definitions apply:
(1) “Chancellor’s office” means the office of the Chancellor of the California Community Colleges.
(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) “Final investigative report” means the final report of the summary of relevant evidence provided by the
Title IX investigator to the complainant and respondent.
(4) “Sexual harassment” has the same meaning as described in Section 66262.5.
SEC. 3.
Section 66282.2 is added to the Education Code, to read:66282.2.
(a) It is the intent of the Legislature that the University of California annually report to the Legislature on the institution’s efforts to prevent and address sex discrimination on campuses of the University of California.(b) The University of California is requested to submit, on or before December 1 of each year, a report to the Legislature, in compliance with Section 9795 of the Government Code, that provides a summation of the activities undertaken by each campus and by the systemwide Title IX office to ensure campus programs and activities are free from sex discrimination. The report shall include, but is not limited to, all of the following information:
(1) (A) The number of sexual harassment reports filed disaggregated by each individual campus and the president’s office.
(B) The number of sexual harassment complaints filed with the campus-based or systemwide Title IX coordinator disaggregated by each individual campus and the president’s office. Sexual harassment complaints shall include all sexual harassment complaints that have been submitted to a Title IX office regardless of whether or not an official investigation has begun.
(2) The number of sexual harassment complaints under investigation, the length of time taken to commence an official investigation after a sexual harassment complaint is filed, and the length of time taken from the
beginning of an investigation to the completion of a final investigative report, disaggregated by each individual campus and the president’s office as follows:
(A) The length of time taken to commence an official investigation after a sexual harassment complaint is filed shall be grouped in the following categories:
(i) Less than two weeks.
(ii) Two weeks to one month.
(iii) One to three months.
(iv) Three to six months.
(v) Six to 12 months.
(vi) Twelve to 18 months.
(vii) More than 18 months.
(B) The length of time taken from the beginning of an investigation to the completion of a final investigative report shall be grouped in the following categories:
(i) Less than six months.
(ii) Six to 12 months.
(iii) Twelve to 18 months.
(iv) More than 18 months.
(3) The number of hearings conducted for sexual harassment complaints and the outcomes of those hearings disaggregated by each individual campus and the president’s office. The
outcomes of those hearings shall be grouped in the following categories:
(A) An informal resolution or settlement was agreed to by the complainant and respondent.
(B) A hearing was convened and a final administrative decision was rendered by the decisionmaker.
(C) A hearing is scheduled or has concluded, but the decisionmaker has not rendered a final administrative decision.
(4) (A) The number of appeals requested by either the complainant or respondent disaggregated by each individual campus and the Office of the President.
(B) The outcomes of the appeals identified in
subparagraph (A) disaggregated by each individual campus and the president’s office.
(C) The outcomes of appeals that occur if an employee respondent elects to appeal a discipline sanction as a result of the complaint through the appeal process provided by the employee’s collective bargaining agreement.
(5) A list of the personnel disaggregated by campus who are exempt from being responsible employees pursuant to subparagraph (C) of paragraph (2) of subdivision (a) of Section 66281.8.
(c) The University of California is requested to post the annual reports described in subdivision (b) on its internet website and to present each report during a public meeting of the regents.
(d) For purposes of this section, the following definitions apply:
(1) “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.
(2) “Final investigative report” means the final report of the summary of relevant evidence provided by the Title IX investigator to the complainant and respondent.
(3) “President’s office” means the office of the President of the University of California.
(4) “Sexual harassment” has the same meaning as described in Section 66262.5.
