Bill Text: CA SB1166 | 2023-2024 | Regular Session | Amended
Bill Title: Public postsecondary education: annual report: sex discrimination.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-16 - Read second time. Ordered to third reading. [SB1166 Detail]
Download: California-2023-SB1166-Amended.html
|
Amended
IN
Senate
March 18, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 1166
| Introduced by Senator Dodd |
February 14, 2024 |
An act to amend Section 66282 of, and to add Sections 66282.1 and 66282.2 to, the Education Code, relating to public postsecondary education.
LEGISLATIVE COUNSEL'S DIGEST
SB 1166, as amended, Dodd.
Public postsecondary education: prevention of discrimination. annual report: sex discrimination.
Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, the California State University, under the administration of the Trustees of the California State University, and the University of California, under the administration of the Regents of the University of California, as the 3 segments of public postsecondary education in the state.
Existing law requires 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.
This bill would instead require the California
State University, on or before December 1 of each year, to submit a report to the Legislature that provides a summation of the activities undertaken by each campus and by the systemwide Title IX office to ensure campus programs and activities are free from sex discrimination, as provided. The bill would additionally require the California Community Colleges, and request the University of California, on or before December 1, 2026, and on or before each December 1 thereafter, to also submit a report to the Legislature that provides a summation of the activities undertaken by each district or campus, as applicable, and by each systemwide Title IX office, to ensure campus programs and activities are free from sex discrimination, as provided. The bill would require the office of the Chancellor of the California Community Colleges, and request the University of California, to post the annual reports on their respective internet websites.
This bill would require, on or
before September 1, 2026, and on or before each September 1 thereafter, the governing board of each community college district to prepare and submit to the chancellor’s office a report on the activities undertaken by each community college district to ensure campus programs and activities are free from sex discrimination, as provided. By imposing new requirements on community college districts, the 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 the statutory provisions noted above.
Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges, the California State University under the administration of the Trustees of the California State University, and the University of California under the administration of the Regents of the University of California as the 3 segments of public postsecondary education in the state. Existing law makes the governing boards of institutions of higher education responsible for ensuring and maintaining multicultural learning environments free from all forms of discrimination and harassment.
This bill would declare the intent of the Legislature to enact subsequent legislation that would establish reporting requirements on public postsecondary educational institutions relating to the prevention of
discrimination.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 66282 of the Education Code is amended to read:66282.
(a) It is the intent of the Legislature that the California State University annually report(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
in compliance with Section 9795 of the Government Code, that includes
provides a summation of the activities undertaken by each campus and by the systemwide Title IX office to ensure campus programs and activities are free from sex discrimination. The report shall include, but is not limited to, 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.
(C) A hearing is scheduled or has concluded, but the decisionmaker has not rendered a final administrative decision.
(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.
(C) The outcomes of appeals that occur if an employee respondent elects to appeal a discipline sanction as a result of the complaint through the appeal process provided by the employee’s collective bargaining agreement or pursuant to Sections 89539 and 89542.5.
(5) A list of the personnel disaggregated by campus who are exempt from being responsible employees pursuant to subparagraph (C) of paragraph (2) of subdivision (a) of Section 66281.8.
(6) The
annual report and presentation provided to the trustees pursuant to paragraph (12) of subdivision (c) of Section 66280.
(c) The California State University shall post the annual reports described in subdivision (b) on its internet website.
(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.
SEC. 2.
Section 66282.1 is added to the Education Code, to read:66282.1.
(a) It is the intent of the Legislature that the California Community Colleges annually report to the Legislature on the system’s efforts to prevent and address sex discrimination on campuses of the California Community Colleges.(b) On or before September 1, 2026, and on or before each September 1 thereafter, the governing board of each community college district shall prepare and submit to the chancellor’s office a report on the activities undertaken by the community college district to ensure campus programs and activities are free from sex discrimination. The report shall include, but is not limited to, all of the following information:
(1) (A) The
number of sexual harassment reports filed disaggregated by each individual campus of the community college district.
(B) The number of formal sexual harassment complaints filed with the district Title IX office disaggregated by each individual campus of the community college district. 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 of the community college district 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. 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.
(C) A hearing is scheduled or has concluded, but the decisionmaker has not rendered a final administrative decision.
(4) (A) The number of appeals requested by either the complainant or respondent disaggregated by each individual campus.
(B) The outcomes of the appeals identified in subparagraph (A) disaggregated by each individual campus.
(C) The outcomes of appeals that occur if an employee respondent elects to appeal a discipline sanction as a result of the complaint through the appeal process provided by the employee’s collective bargaining agreement or pursuant to Sections 87669, 88013, and 88124.
(5) A list of the personnel
disaggregated by campus who are exempt from being responsible employees pursuant to subparagraph (C) of paragraph (2) of subdivision (a) of Section 66281.8.
(c) On or before December 1, 2026, and on or before each December 1 thereafter, the chancellor’s office shall submit a report to the Legislature, in compliance with Section 9795 of the Government Code, that provides a summation of the activities undertaken by each community college district and by the systemwide Title IX office to ensure campus programs and activities are free from sex discrimination. The report shall include, but is not limited to, all of the following information:
(1) The reports provided by each community college district pursuant to subdivision (b).
(2) The annual report and presentation provided to the Board of Governors pursuant to
paragraph (12) of subdivision (c) of Section 66280.
(3) The outcome of any sex discrimination complaints filed with the systemwide Title IX office.
(d) The chancellor’s office shall post the annual reports described in subdivision (c) on its internet website.
(e) For purposes of this section, the following definitions apply:
(1) “Chancellor’s office” means the office of the Chancellor of the California Community Colleges.
(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 Section 66262.5.
SEC. 3.
Section 66282.2 is added to the Education Code, to read:66282.2.
(a) It is the intent of the Legislature that the University of California annually report to the Legislature on the institution’s efforts to prevent and address sex discrimination on campuses of the University of California.(b) The University of California is requested to submit, on or before December 1 of each year, a report to the Legislature, in compliance with Section 9795 of the Government Code, that provides a summation of the activities undertaken by each campus and by the systemwide Title IX office to ensure campus programs and activities are free from sex discrimination. The report shall include, but is not limited to, all of the following information:
(1) (A) The number of sexual harassment reports filed disaggregated by each individual campus and the president’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 president’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 president’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 president’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.
(C) A hearing is scheduled or has concluded, but the decisionmaker has not rendered a final administrative decision.
(4) (A) The number of appeals requested by either the complainant or respondent disaggregated by each individual campus and the Office of the President.
(B) The outcomes of the appeals identified in subparagraph (A) disaggregated by each individual campus and the president’s office.
(C) The outcomes of appeals that occur if an employee respondent elects to appeal a discipline sanction as a result of the complaint through the appeal process provided by the employee’s collective bargaining agreement.
(5) A list of the personnel disaggregated by campus who are exempt from being responsible employees pursuant to subparagraph (C) of paragraph (2) of subdivision (a) of Section 66281.8.
(6) The annual report and presentation provided to the regents pursuant to paragraph (12) of subdivision (c) of Section 66280.
(c) The University of California is requested to post the annual reports described in subdivision (b) on its internet website.
(d) For purposes of this section, the following definitions apply:
(1) “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.
(2) “Final investigative report” means the final report of the summary of relevant evidence provided by the Title IX investigator to the complainant and respondent.
(3) “President’s office” means the office of the President of the University of California.
(4) “Sexual harassment” has the same meaning as described in Section 66262.5.
SEC. 4.
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.It is the intent of the Legislature to enact subsequent legislation that would establish reporting requirements on public postsecondary educational institutions relating to the prevention of discrimination.
