Bill Text: CA SB808 | 2023-2024 | Regular Session | Chaptered

California Senate Bill 808

Bill Title: California State University: annual report: sexual harassment reports: formal sexual harassment complaints.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2023-10-07 - Chaptered by Secretary of State. Chapter 417, Statutes of 2023. [SB808 Detail]

Download: California-2023-SB808-Chaptered.html

Senate Bill No. 808

CHAPTER 417

An act to add Section 66282 to the Education Code, relating to public postsecondary education.

[ Approved by Governor October 07, 2023. Filed with Secretary of State October 07, 2023. ]

LEGISLATIVE COUNSEL'S DIGEST

SB 808, Dodd. California State University: annual report: sexual harassment reports: formal sexual harassment complaints.

Existing federal law, known as Title IX, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination, which includes sexual harassment, under any education program or activity receiving federal financial assistance.

The Donahoe Higher Education Act establishes the California State University, under the administration of the Trustees of the California State University, as one of the 3 segments of public postsecondary education in the state. A portion of the Donahoe Higher Education Act, known as the Equity in Higher Education Act, declares, among other things, that sexual harassment of students is a form of prohibited sex discrimination and requires each postsecondary educational institution in the state to have a written policy on sexual harassment.

This bill would require 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, as provided, and would require the California State University to post these annual reports on its internet website. The bill would make legislative findings and declarations relating to these provisions.

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

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

SECTION 1.

The Legislature finds and declares all of the following:

(a) Congress enacted Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) forbidding discrimination on the basis of sex at educational institutions receiving federal financial assistance and offering protections for students, faculty, and staff, which has been expanded to cover sexual harassment and sexual violence in addition to sex discrimination.

(b) Sexual harassment and sexual violence against university students is an issue of critical importance and is prohibited by law.

(c) The California State University, in its handling of sexual harassment and sexual violence complaints, especially those involving faculty, staff, and administrators, has been woefully inadequate.

(d) Students who suffer from sexual harassment and sexual violence are deprived of equal and free access to an education, and data suggests that graduate and professional students are particularly vulnerable to harassment from those in a position of authority at a college or university.

(e) Incidents at numerous California State University campuses across the state indicate a clear lack of safeguards, sufficient policies, professional oversight, and accountability in the California State University system.

SEC. 2.

Section 66282 is added to the Education Code, immediately following Section 66281.8, to read:

66282.

(a) It is the intent of the Legislature that the California State University annually report on the investigations and outcomes of sexual harassment reports and formal sexual harassment complaints.

(b) The California State University shall, on or before December 1 of each year, submit a report to the Legislature, consistent with the requirements of Section 9795 of the Government Code, that includes 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 formal sexual harassment complaints filed with the campus-based or systemwide Title IX coordinator disaggregated by each individual campus and the chancellor’s office. Formal sexual harassment complaints shall include all formal 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 formal sexual harassment complaints under investigation, the length of time taken to commence an official investigation after a formal 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 formal 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 formal 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.

(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.

(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 subdivision (a) of Section 66262.5.