BILL ANALYSIS Ó AB 1653 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1653 (Weber) As Amended August 15, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |59-17 |(June 2, 2016) |SENATE: |29-10 |(August 22, | | | | | | |2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: HIGHER ED. SUMMARY: Requires the California Community Colleges (CCC) Board of Governors (BOG), the California State University (CSU) Trustees, the governing body of each private postsecondary educational institution in the state, and encourages each University of California (UC) campus, to generate a report every two years, as specified, pertaining campus climate. The Senate amendments delete the requirement for specified public and private postsecondary educational institutions to adopt and publish policies on harassment, intimidation, and bullying; and, make technical clarifying changes. EXISTING LAW: 1)Declares it a goal of public higher education that educational AB 1653 Page 2 equity be achieved through educational environments in which each person, regardless of race, gender, gender identity, gender expression, sexual orientation, age, disability or economic circumstances has a reasonable chance to fully develop his or her potential (Education Code (EC) Section 66010.2). 2)Provides that it is the policy of the State of California to afford all persons, regardless of disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other basis that is contained in the prohibition of hate crimes set forth in Penal Code Section 422.6(a), equal rights and opportunities in the postsecondary institutions of the state (EC Section 66251). 3)Provides that all students have the right to participate fully in the educational process, free from discrimination and harassment and that California's postsecondary educational institutions have an affirmative obligation to combat racism, sexism, and other forms of bias, and a responsibility to provide equal educational opportunity; and declares the Legislature's intent that each postsecondary educational institution undertake educational activities to counter discriminatory incidents on school grounds and, within constitutional bounds, to minimize and eliminate a hostile environment on school grounds that impairs the access of students to equal educational opportunities (EC Section 66252). 4)Requests the UC Regents, CSU Trustees, and the governing board of each community college district to adopt and publish policies on harassment, intimidation, and bullying to be included within the rules and regulations governing student behavior within their respective segments of public postsecondary education (EC Section 66302). FISCAL EFFECT: According to the Senate Appropriations Committee: AB 1653 Page 3 1)Likely minor costs to the CCC and the CSU to implement this bill. 2)One-time cost pressure to UC of up to $100,000 update the campus climate reporting portal to collect data and allow for data analysis to the extent it chooses to comply with the requirements of the bill. In addition, UC indicates that every two years it would incur costs of $420,000 system wide related to collecting and analyzing data to generate a campus climate report (General Fund). COMMENTS: Background. Out of concern regarding recent campus climate issues at various campuses of higher education, in the past few years there have been several oversight hearings convened by this Committee to look at campus climate issues. Additionally, in the 2013-14 Legislative Session, the Speaker of the Assembly created the Assembly Select Committee on Campus Climate; which convened several hearings in 2014 and 2015, with the goal of continuing to strengthen overall campus climate for our postsecondary institutions of higher learning. The Select Committee issued a report in October of 2014. Additionally, released in July of 2015, Report 2015-032 by the State Auditor recommended that the Legislature should require the Department of Justice (DOJ) to provide guidance regarding compliance with the requirements of the Clery Act and the Violence Against Women Act (VAWA) Reauthorization of 2013. This measure is the result of recommendations from the two aforementioned reports. Public postsecondary institutions of higher learning response to campus climate. The UC seeks to create and nurture an atmosphere of respect and inclusion for all; in March 2014 the UC (after a two-year systemwide survey), released its campus climate study. The study found many things, including, but not limited to the following: 1) 79% of all respondents were AB 1653 Page 4 comfortable or very comfortable with the campus climate at UC, while 7% were uncomfortable or very uncomfortable; 2) more than half of all respondents thought that the overall campus climate was very respectful or respectful of various races/ethnicities at UC; and, 3) more work must be done to address issues faced by certain groups - underrepresented minority respondents were less comfortable with the overall climate and workplace climate than were white respondents and other people of color and transgender respondents were less comfortable with the overall climate at their campus than were men and women respondents. To note: 1) many UC campuses have hired staff focused on campus climate issues; 2) many programs are offered to reduce the impact of unconscious bias in hiring and promotions, and to identify and remove institutional barriers to inclusion an career development; 3) resource and student service centers have been established at many campuses for certain populations (such as undocumented students, veteran students, and LGBT students); 4) anti-hate initiatives exist at many UC campuses that seek to educate students; and, 5) many UC campuses have student-led and cultural activities. The CSU is committed to maintaining an inclusive community that values diversity and fosters tolerance and mutual respect. It is CSU policy to provide equal opportunity for all persons regardless of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, and veteran status. The CSU has policies in place to help ensure that their students and faculty are protected; campuses must implement preventative education programs and make available victim resources, including comprehensive victim services. Information regarding these programs must be included in: 1) orientation programs for new students, faculty and staff; 2) training for students who serve as advisors in residence halls; and, 3) training for student athletes and coaches. AB 1653 Page 5 Additionally, on a campus by campus basis, the CSU has created an advisory body of non-CSU experts to advise and opine to the CSU how to strengthen and enforce existing polices, as well as advise if there is a need to create more policies that will allow the CSU to maintain its policy of protection for all. Purpose of this measure. According to the author, "With the lack of involvement, and funding of the California Postsecondary Education Commission, coordination between segments of higher education has diminished." The author contends that each campus handles campus climate in different methods; some campuses have successful programs that other campuses may want to replicate on their respective campus. The author states, "By requiring a report on recent developments on campus climate, California's higher education institutions would keep key policymakers informed about new and ongoing endeavors and developments in regards to campus climate. This bill would also allow the general public (students, community organizations, staff, and faculty) to have additional information to help navigate and find information as well as resources to succeed in higher education." Previous and related legislation. AB 1654 (Santiago) of the current legislative session, which is awaiting action by the Governor, would, among others, task the DOJ to provide guidance to colleges on the Clery Act. AB 340 (Weber) of 2015, which was vetoed by the Governor, was similar in nature to the provisions contained in this measure. Analysis Prepared by: Jeanice Warden / HIGHER ED. / (916) 319-3960 FN: 0004213 AB 1653 Page 6