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

California Senate Bill 808

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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-Introduced.html

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 808

Introduced by Senator Dodd

February 17, 2023

An act to amend Section 89500 of the Education Code, relating to public postsecondary education.

LEGISLATIVE COUNSEL'S DIGEST

SB 808, as introduced, Dodd. California State University: terms of employment: settlements and retreat rights.

Existing law establishes the California State University and provides for its administration by the Trustees of the California State University. Existing law requires the trustees to provide by rule for the government of their appointees and employees.

This bill would require the rules adopted by the trustees pursuant to those provisions to, among other things, (1) require each campus president and either a vice president or vice chancellor to approve all sexual harassment settlements, (2) require a report to the Legislature on the number of sexual harassment complaints filed, the length of time taken to complete the investigative process, and the disposition of those cases, as specified, and (3) prohibit retreat rights for any campus president, provost, or other senior administrator who has violated any California State University or campus Title IX policy, as defined. The bill would prohibit a contract for retreat rights for any of those employees determined to have violated any California State University or campus Title IX policy from being entered into on or after January 1, 2024, or upon the expiration of a conflicting memorandum of understanding that was in effect before January 1, 2024, whichever is later. 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) Incidences at numerous California States 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 89500 of the Education Code is amended to read:

89500.

(a) (1) Notwithstanding any other ~~provision of~~ law, the trustees shall provide by rule for the government of their appointees and employees, pursuant to this chapter and other applicable ~~provisions of~~ law, including, but not limited ~~to:~~ to, the following: appointment; classification; terms; duties; pay and overtime pay; uniform and equipment allowances; travel expenses and allowances; rates for housing and lodging; moving expenses; leave of absence; tenure; vacation; holidays; layoff; dismissal; demotion; suspension; sick leave; reinstatement; and employer’s contribution to ~~employees’, annuitants’, and survivors’~~ the health ~~benefits plans.~~ benefit plans of employees, annuitants, and survivors.

(2) The rules adopted by the trustees relating to tenure, layoff, dismissal, demotion, suspension, and reinstatement of academic and administrative employees shall be adopted on or before February 1, 1962, and become effective on July 1, 1962, with respect to employees who are academic teaching and administrative employees as defined in subdivision (1)(e) of Section 24301, as it read on June 30, 1961, as enacted by Section 3 of Chapter 2 of the Statutes of 1959.

(b) The adoption of these rules and regulations shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(c) The rules adopted by the trustees pursuant to this section shall do all of the following:
(1) Require each campus president and either a vice president or vice chancellor to approve all sexual harassment settlements.
(2) Require a report to the Legislature, consistent with the requirements of Section 9795 of the Government Code, on the number of sexual harassment complaints filed, the length of time taken to complete the investigative process, and the disposition of those cases, disaggregated by campus and the chancellor’s office. The report shall also be posted on the California State University’s internet website.
(3) (A) Prohibit retreat rights for any campus president, provost, or other senior administrator who has violated any California State University or campus Title IX policy.
(B) Notwithstanding subdivision (d), a contract for retreat rights for any employee identified in subparagraph (A) who has been determined to have violated any California State University or campus Title IX policy shall not be entered into on or after January 1, 2024, or upon the expiration of a conflicting memorandum of understanding that was in effect before January 1, 2024, whichever is later.
(C) For purposes of paragraph (3), Title IX means Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.)
~~(c)~~

(d) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except ~~that~~ that, if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.