BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 969|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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THIRD READING
Bill No: AB 969
Author: Williams (D), et al.
Amended: 6/27/16 in Senate
Vote: 21
PRIOR VOTES NOT RELEVANT
SUBJECT: Postsecondary education: sexual assault cases
SOURCE: Author
DIGEST: This bill requires, as a condition of receiving state
funds for student financial assistance and beginning no later
than October 1, 2018, that the governing boards of each
community college district, the California State University
(CSU) Trustees, the University of California (UC) Regents, and
the governing board of each independent postsecondary
institution annually report specified information relative to
sexual assault, dating violence, and stalking complaints,
investigations, and outcomes, as specified, and sunsets these
provisions on January 1, 2022.
Senate Floor Amendments of 6/27/16 replace the contents of AB
969 with reporting language which was originally in AB 967
(Williams), a bill which was heard and passed by the Legislature
in 2015 but subsequently vetoed by the Governor. The Governor's
veto message read, in pertinent part: "I don't think it is
necessary at this point for the state to directly insert itself
into the disciplinary and governing processes of all private
nonprofit and public colleges in California." Amendments omit
the issues of concern highlighted in the Governor's veto message
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and are limited to the reporting provisions of AB 967.
ANALYSIS:
Existing federal law:
1)Establishes the Jeanne Clery Disclosure of Campus Security
Policy and Campus Crime Statistics Act (Clery Act) which
requires public and private postsecondary educational
institutions that receive federal financial aid to disclose
information about crimes on and around campuses as well as
establish certain rights for victims of sexual assault.
2)Requires institutions, under the Clery Act, to collect,
classify and count crime statistics, publish an Annual
Security Report with crime statistics and security policies,
and report crime statistics to the United States Department of
Education. The Clery Act requires reporting of crimes in
seven major categories, some with significant sub-categories
and conditions, including crimes involving forcible and
non-forcible sex offenses.
3)Amends the Clery Act (with the 2013 reauthorization of the
federal Violence Against Women Act, which includes the Campus
Sexual Violence Elimination Act) to, among other things,
require institutions to compile statistics of incidents of
sexual assault, domestic violence, dating violence and
stalking. This Act also requires the Annual Security Report
to contain additional information such as prevention programs,
procedures once incidents are reported, and possible sanctions
following an institutional disciplinary procedure. The final
rule implementing changes to the Clery Act was issued in
October 2014, and is effective July 1, 2015.
Existing state law:
1)Requires the governing board of each community college
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district, the CSU Trustees, the UC Regents, and the governing
board of independent postsecondary institutions to adopt a
policy concerning campus sexual violence, domestic violence,
dating violence and stalking that includes specified
components, including the affirmative consent standard.
(Education Code § 67386)
2)Requires the governing board of each community college
district, the CSU Trustees, the Board of Directors of the
Hastings College of the Law, and the UC Regents to each adopt
and implement at each campus or other facilities, a written
procedure or protocol to ensure, to the fullest extent
possible, that students, faculty and staff who are victims of
sexual assault committed on grounds maintained by the
institution or affiliated student organizations receive
treatment and information. (EC § 67385)
3)Requires each campus of the California Community Colleges
(CCC) and the CSU, and requests each campus of the UC, to post
sexual violence prevention and education information on its
campus Web site. The information must include specific
components including dating violence, rape, sexual assault,
domestic violence and stalking crimes, how to file a
complaint, and the availability and contact information for
resources for victims. (EC § 67385.7)
4)Requires each campus of the CCC and the CSU, and requests each
campus of the UC, to develop policies to encourage students to
report any campus crimes involving sexual violence. (EC §
67385.7)
This bill:
1)Requires, in order to receive state funds for student
financial assistance, the governing boards of each community
college district, the CSU Trustees, the UC Regents, and the
governing board of each independent postsecondary institution
to report by October 1, 2018, and annually thereafter:
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a) The number of sexual assault, domestic violence, dating
violence, and stalking complaints received, investigated,
and not investigated by the institution.
b) The number of investigations conducted in which
respondents were found responsible, and not responsible, at
institutional disciplinary proceedings.
c) The number of disciplinary sanctions imposed on
respondents disaggregated by type of discipline in, at
minimum, the categories of expulsion, suspension of at
least two years, suspension of fewer than two years, and
probation.
d) The number of cases closed for other reasons.
2)Clarifies that sexual assault, domestic violence, dating
violence, and stalking refer to all categories of misconduct
in the institution's sexual assault policies adopted pursuant
to specified state law.
3)Requires that the reporting required by this bill occur in a
manner that provides appropriate privacy protections for the
individuals involved, including the alleged perpetrator and
victim, consistent with the federal Family Educational Rights
and Privacy Act.
4)Sunsets these provisions on January 1, 2022.
Comments
Need for the bill. According to the author, there is very
little accountability for the outcome of adjudication
proceedings for campus sexual assault cases. This bill
provides for specified reporting on the number of sexual
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assault, domestic violence, dating violence, and stalking
complaints received, investigated, and not investigated by the
institution, and the outcomes of disciplinary proceedings and
investigations.
Prior Legislation
The provisions of this bill are substantively similar to AB 967
which was vetoed by the Governor in 2015 and whose message read
in pertinent part.
This bill, however, could deprive professionals from using
their better judgment to discipline according to relevant
circumstances. Moreover, it creates an expectation that the
state should recommend minimum penalties for violations of
specific campus policies?.., I don't think it is necessary at
this point for the state to directly insert itself into the
disciplinary and governing processes of all private nonprofit
and public colleges in California.
This bill omits the issues of concern highlighted in the
Governor's veto message and is limited to the reporting
provisions of AB 967.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
Unknown with recent amendments.
SUPPORT: (Verified6/28/16)
None received
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OPPOSITION: (Verified6/28/16)
None received
Prepared by:Kathleen Chavira / ED. / (916) 651-4105
6/29/16 15:56:13
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