Bill Text: CA SB1439 | 2015-2016 | Regular Session | Enrolled
Bill Title: Postsecondary education: academic and administrative employees: disclosure of sexual harassment.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Vetoed) 2016-11-30 - Last day to consider Governor's veto pursuant to Joint Rule 58.5. [SB1439 Detail]
Download: California-2015-SB1439-Enrolled.html
BILL NUMBER: SB 1439 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 24, 2016
PASSED THE ASSEMBLY AUGUST 18, 2016
AMENDED IN ASSEMBLY AUGUST 15, 2016
AMENDED IN ASSEMBLY AUGUST 1, 2016
AMENDED IN SENATE JUNE 1, 2016
AMENDED IN SENATE MARCH 28, 2016
INTRODUCED BY Senator Block
(Coauthor: Senator Hancock)
(Coauthors: Assembly Members Bonilla and Cristina Garcia)
FEBRUARY 19, 2016
An act to add Sections 87604.5, 89521, and 92612.1 to the
Education Code, relating to postsecondary education.
LEGISLATIVE COUNSEL'S DIGEST
SB 1439, Block. Postsecondary education: academic and
administrative employees: disclosure of sexual harassment.
(1) Under existing law, the segments of postsecondary education in
this state include the University of California, the California
State University, and the California Community Colleges. Existing law
authorizes the governing board of each community college district
and the Trustees of the California State University to employ persons
in academic and administrative positions in order to carry out the
functions of their respective institutions. The California
Constitution provides that the University of California constitutes a
public trust administered by the Regents of the University of
California, a corporation in the form of a board, with full powers of
organization and government, subject to legislative control only for
specified purposes.
This bill would require the Regents of the University of
California, the Trustees of the California State University, and the
community college district governing boards to require as part of the
hiring process for an appointment to an academic or administrative
position that the applicant disclose any final administrative
decision, as defined, or final judicial decision, as defined,
determining that the applicant committed sexual harassment. The bill
would prohibit the University of California, the California State
University, or a community college district from asking an applicant
to disclose, orally or in writing, information concerning any final
administrative decision or final judicial decision described above,
including any inquiry about an applicable decision on any employment
application, until it has determined that the applicant meets the
minimum employment qualifications stated in the notice issued for the
position.
To the extent that these provisions would impose new requirements
on community college district governing boards, this bill would
constitute a state-mandated local program.
(2) 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 these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 87604.5 is added to the Education Code, to
read:
87604.5. (a) The governing board of a community college district
shall require as part of the hiring process for an appointment to an
academic or administrative position with that district that the
applicant disclose any final administrative decision or final
judicial decision determining that the applicant committed sexual
harassment.
(b) A community college district shall not ask an applicant to
disclose, orally or in writing, information concerning any final
administrative decision or final judicial decision described in
subdivision (a), including any inquiry about an applicable decision
on any employment application, until the community college district
has determined that the applicant meets the minimum employment
qualifications stated in the notice issued for the position.
(c) For purposes of this section, the following definitions shall
apply:
(1) "Final administrative decision" means a final determination
based on the investigative findings of a Title IX compliance
coordinator, or other designated investigator, at a college or
university on a complaint of sexual harassment.
(2) "Final judicial decision" means a final determination of a
matter submitted to a court that is recorded in a judgment or order
of that court.
SEC. 2. Section 89521 is added to the Education Code, to read:
89521. (a) The trustees shall require as part of the hiring
process for an appointment to an academic or administrative position
with the California State University that the applicant disclose any
final administrative decision or final judicial decision determining
that the applicant committed sexual harassment.
(b) The California State University shall not ask an applicant to
disclose, orally or in writing, information concerning any final
administrative decision or final judicial decision described in
subdivision (a), including any inquiry about an applicable decision
on any employment application, until the California State University
has determined that the applicant meets the minimum employment
qualifications stated in the notice issued for the position.
(c) For purposes of this section, the following definitions shall
apply:
(1) "Final administrative decision" means a final determination
based on the investigative findings of a Title IX compliance
coordinator, or other designated investigator, at a college or
university on a complaint of sexual harassment.
(2) "Final judicial decision" means a final determination of a
matter submitted to a court that is recorded in a judgment or order
of that court.
SEC. 3. Section 92612.1 is added to the Education Code, to read:
92612.1. (a) The regents shall require as part of the hiring
process for an appointment to an academic or administrative position
with the University of California that the applicant disclose any
final administrative decision or final judicial decision determining
that the applicant committed sexual harassment.
(b) The University of California shall not ask an applicant to
disclose, orally or in writing, information concerning any final
administrative decision or final judicial decision described in
subdivision (a), including any inquiry about an applicable decision
on any employment application, until the University of California has
determined that the applicant meets the minimum employment
qualifications stated in the notice issued for the position.
(c) For purposes of this section, the following definitions shall
apply:
(1) "Final administrative decision" means a final determination
based on the investigative findings of a Title IX compliance
coordinator, or other designated investigator, at a college or
university on a complaint of sexual harassment.
(2) "Final judicial decision" means a final determination of a
matter submitted to a court that is recorded in a judgment or order
of that court.
SEC. 4. 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.
