Bill Text: CA SB665 | 2015-2016 | Regular Session | Amended
Bill Title: Postsecondary education: preventing and addressing incidents of rape and sexual assault.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2016-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB665 Detail]
Download: California-2015-SB665-Amended.html
BILL NUMBER: SB 665 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 6, 2015
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Block
FEBRUARY 27, 2015
An act to add Chapter 15.8 (commencing with Section 67395) to Part
40 of Division 5 of Title 3 of the Education Code, relating to
postsecondary education.
LEGISLATIVE COUNSEL'S DIGEST
SB 665, as amended, Block. Postsecondary education: preventing and
addressing incidents of rape and sexual assault.
Existing law, the Donahoe Higher Education Act, sets forth the
missions and functions of California's public segments of higher
education and their respective institutions of higher education.
Provisions of the act apply to the University of California only to
the extent that the Regents of the University of California act, by
appropriate resolution, to make them applicable. Among other things,
the act requires the governing board of each community college
district, the Trustees of the California State University, and the
Regents of the University of California to adopt and implement a rape
and sexual assault education program at each of their respective
campuses or other facilities.
This bill would require the governing board of each
community college district and the trustees, and as a condition of
receiving state funds for student financial aid, the governing board
of each independent postsecondary educational institution and the
regents, to, among other things, enter into a contract with a local
rape crisis center in order to designate an advocate, who is
independent from the campus or university, to assist student victims
following incidents of rape or sexual assault. The bill would
require the Attorney General to establish a statewide Title
IX Oversight Office, which would, among other things, serve as a
point of contact for students who are dissatisfied with
campus-based policies or investigative procedures designed to prevent
or address incidents of rape or sexual assault. The bill would
require the office to receive complaints from students regarding the
students' campuses' noncompliance with Title IX of the Education
Amendments of 1972. The bill would also authorize the oversight
office to assess fines on a postsecondary educational
institution that does not comply with its campus or systemwide
policies, or state or federal laws, establish a
process to investigate these complaints, and campus-based policies
and investigative procedures regarding rape and sexual assault.
The bill would further require all students
enrolled at the California Community Colleges, the California State
University, each independent postsecondary educational institution,
and the University of California to receive information or to
complete a form of annual training, electronic or in
person, on rape and sexual assault awareness and prevention,
and as specified. The bill would
further require the California State University and
University, the California Community Colleges,
and as a condition of receiving state funds for student
financial aid, each independent postsecondary educational
institution institution, and the
University of California, California to
place a hold on each student's the
course registration of each student who does not complete
required training by the end of the first term of the academic year
until the student completes the training. The bill would
further require informational posters containing specified
information relating to rape and sexual assault to be placed in
all buildings that are most frequented by
students, including student housing and dining areas, the student
union, and athletic facilities, on each campus of these
institutions.
This bill would provide that compliance with its terms is a
condition of receipt of state funds for financial assistance for the
University of California and each independent postsecondary
educational institution.
By imposing new duties on community college districts, this 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 these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 15.8 (commencing with Section 67395) is added
to Part 40 of Division 5 of Title 3 of the Education Code, to read:
CHAPTER 15.8. RAPE AND SEXUAL ASSAULT AWARENESS AND PREVENTION
67395. (a) The governing board of each community college
district, the Trustees of the California State University, the
governing board of each independent postsecondary educational
institution, and the Regents of the University of California shall
enter into a contract with a local rape crisis center to designate an
advocate, who is independent from the college or university, to
provide immediate assistance for a victim, who is enrolled at one of
their respective campuses, of rape or sexual assault. That assistance
shall include, but not necessarily be limited to, accompanying the
victim to the hospital and assisting with campus and criminal justice
system reporting procedures.
67395. (a) It is the intent of the Legislature
that the governing board of each community college district, the
Trustees of the California State University, the governing board of
each independent postsecondary educational institution, and the
Regents of the University of California make available, on a 24-hour,
7-day-a-week basis, victim support services to assist a victim of
rape or sexual assault who is enrolled at one of their respective
campuses.
(b) (1) The Attorney General shall establish a statewide Title IX
Oversight Office. This office shall have the following
authority:
(A) The office shall serve as a point of contact for students
who are dissatisfied with their the
campus-based policies or investigative procedures designed to
prevent or address incidents of rape and sexual assault at their
respective campuses .
(B) The office shall receive complaints from students regarding
the students' campuses' noncompliance with any aspect of Title IX of
the Education Amendments of 1972 (20 U.S.C. Sec. 1681, et seq.).
(B)
(C) The office may assess fines on a
postsecondary educational institution that does not comply with its
campus or systemwide policies, or state or federal laws, relating to
rape and sexual assault. establish a process to
investigate campus-based policies and investigative procedures
relating to rape and sexual assault and complaints filed pursuant to
subparagraph (B).
(C)
(D) The office shall receive an annual deidentified
report on the total number of, the campus-based investigative
timeliness for, and the outcomes of campus-based investigations
regarding, whether criminal charges were filed for, and the outcomes
of criminal proceedings regarding, incidents of rape and sexual
assault that involve students who are enrolled at a campus of the
California Community Colleges, the California State University,
independent postsecondary educational institutions, or the University
of California. The office may investigate these institutions'
policies, procedures, or campus-based investigations following an
incident of rape or sexual assault and make recommendations to the
Attorney General, district attorney, or city attorney, as
appropriate, to the extent doing so is in compliance with state and
federal law.
(2) The governing board of each community college district, the
Trustees of the California State University, the governing board of
each independent postsecondary educational institution, and the
Regents of the University of California shall annually
report to the Title IX Oversight Office each incident of rape or
sexual assault that involves one or more of their respective enrolled
students students, the number of those incid
ents that were investigated by the institution, the
timelines and outcomes of those investigations, the sanctions that
were imposed by the institution on students who were involved,
whether criminal charges were filed as to those incidents, and the
outcomes of those criminal proceedings for purposes of
subparagraph (C) (D) of paragraph (1).
(c) (1) (A) Each incoming freshman,
transfer, and graduate student who is enrolled at a
campus of the California Community Colleges, the California State
University, the University of California, or an independent
postsecondary educational institution shall
shall, at the commencement of the academic year, complete
annual comprehensive training,
electronic or in person, on rape and sexual assault awareness and
prevention. The training shall include, but not be limited
to, the contact information for the independent advocate who is
designated pursuant to subdivision (a).
(B) Each resident assistant, member of a fraternity or sorority,
and student athlete, who is enrolled at a campus of the California
Community Colleges, the California State University, the University
of California, or an independent postsecondary educational
institution, shall, at the commencement of each academic year,
complete comprehensive training, electronic or in person, on rape and
sexual assault awareness and prevention.
(C) Each student, not described in
subparagraph (B), who is enrolled at a campus of the California
Community Colleges, the California State University, the University
of California, or an independent postsecondary educational
institution shall annually receive information or complete refresher
training, electronic or in person, on rape and sexual
assault awareness and prevention.
(D) No student shall be required to complete the comprehensive
training pursuant to subparagraphs (A) and (B) or the refresher
training pursuant to subparagraph (C) more than once in the same
academic year. No student shall be required to complete the
comprehensive and refresher training in the same academic year.
(2) A student who does not complete the training described in
paragraph (1) by the end of the first term of the academic year
shall have his or her course registration placed on hold until
he or she completes the training.
(d) The governing board of each community college district, the
Trustees of the California State University, the governing board of
independent postsecondary educational institutions, and the Regents
of the University of California shall ensure that each of their
respective campuses place informational posters in all
buildings that buildings that are most frequented by
students, including student housing and dining areas, the student
union, and athletic facilities. These informational posters shall
contain all of the following information:
(1) Summaries of the campus' policies on rape and sexual assault.
(2) Contact information for police and campus and local rape and
crisis center offices or representatives who respond to incidents of
rape and sexual assault.
(3) Campus, civil, and criminal penalties for committing acts of
rape and sexual assault.
(4) References to the Jeanne Clery Disclosure of Campus Security
Policy and Campus Crime Statistics Act (20 U.S.C. Sec. 1092(f)(1) and
(5)), Title IX of the Education Amendments of 1972 (20 U.S.C. Sec.
1681 et seq.), and other relevant state and federal laws and
regulations.
(e) As a condition of receiving state funds for financial
assistance, each independent postsecondary educational institution
and the University of California shall comply with the requirements
of this chapter.
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.
