Amended  IN  Assembly  March 11, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2492

Introduced by Assembly Member Irwin

February 13, 2024

An act to add Section 66281.10 to the Education Code, relating to public postsecondary education.


LEGISLATIVE COUNSEL'S DIGEST


AB 2492, as amended, Irwin. Public postsecondary education: sex discrimination complaints: advocates and coordinators.
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 under any education program or activity receiving federal financial assistance. A portion of the Donahoe Higher Education Act known as the Equity in Higher Education Act declares, among other things, that it is the policy of the State of California that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind in the postsecondary educational institutions of the state. no person shall be subjected to discrimination on the basis of, among other things, sex, in any program or activity conducted by any postsecondary educational institution that receives or benefits from state financial assistance or enrolls students who receive state financial aid. Provisions of the Donahoe Higher Education Act apply to the University of California only to the extent that the Regents of the University of California act, by resolution, to make them applicable.

This bill would state the intent of the Legislature to enact future legislation that would require each campus of the California Community Colleges and the California State University, and request each campus of the University of California, to provide, for purposes of sex discrimination complaints, confidential advocates and respondent coordinators.

This bill would require, on or before July 1, 2026, a public postsecondary educational institution, defined as any campus of the California Community Colleges, the California State University, or the University of California, in order to comply with the above-described provision of the Equity in Higher Education Act, to establish and designate at least one person to fulfill the positions of confidential student advocate, confidential staff and faculty advocate, and confidential respondent services coordinator to assist students, faculty, or staff who have filed a complaint of sex discrimination, experienced sex discrimination, or are accused of sex discrimination, as provided. The bill would require those positions to, among other things, be independent from the Title IX office, receive specified training, and subject to permission from the student, faculty, or staff, provide, among other things, information about where the student, faculty, or staff can access campus resources, as provided. By imposing new duties 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 Section 66281.10 is added to the Education Code, to read:

66281.10.
 (a) Notwithstanding any other law, in order to comply with Section 66270, each public postsecondary education institution shall, on or before July 1, 2026, establish the following positions and designate at least one person to fulfill each position as follows:
(1) (A) A confidential student advocate to assist students who have filed a complaint of sex discrimination with a Title IX office or have experienced sex discrimination.
(B) A confidential student advocate shall receive training on the campus nondiscrimination policy, campus policies on student misconduct, and the proper procedures for filing complaints of sex discrimination or student misconduct on campus.
(C) Subject to permission from the student, a confidential student advocate shall do all of the following:
(i) Provide confidential emotional support and assistance to the student.
(ii) Inform the student of their rights and options, including all of the following:
(I) Where the student can access campus resources such as psychological counseling, medical care, emergency housing, transportation, and academic support, as necessary.
(II) The various reporting options available to the student, including how to report an incident to law enforcement and the Title IX office and the option of not reporting.
(III) How complaints are processed according to the campus adjudication process for complaints of discrimination.
(IV) Campus policies prohibiting retaliation against a person who chooses to report an incident of sex discrimination.
(iii) Assist the Title IX coordinator in providing supportive measures to the student.
(iv) Assist a student who chooses to a file a formal report with law enforcement, the Title IX office, or both, with the reporting process, including assisting with other agencies, campus and community services, and law enforcement.
(2) (A) A confidential staff and faculty advocate to assist staff and faculty who have filed a complaint of sex discrimination with a Title IX office or have experienced sex discrimination.
(B) A confidential staff and faculty advocate shall receive training on the campus nondiscrimination policy, campus collective bargaining agreements, and the proper procedures for filing complaints of sex discrimination.
(C) Subject to permission from the staff or faculty member, a confidential staff and faculty advocate shall do all of the following:
(i) Provide confidential emotional support and assistance to the staff or faculty member.
(ii) Inform the staff or faculty member of all of the following:
(I) Where the staff or faculty member can access campus resources such as psychological counseling, medical care, emergency housing, and transportation, as necessary.
(II) Campus policies on sexual harassment and the various reporting options the staff or faculty member has for submitting a formal report alleging sex discrimination.
(III) Campus policies prohibiting retaliation against a person who chooses to report an incident of sex discrimination.
(iii) Assist a staff or faculty member who chooses to a file a formal report with law enforcement, the Title IX office, or both, with the reporting process, including assisting with other agencies, campus and community services, and law enforcement.
(3) (A) A confidential respondent services coordinator to assist students, staff, or faculty who have been accused of sex discrimination.
(B) A confidential respondent services coordinator shall be familiar with the campus nondiscrimination policy, any rules or policies adopted by a public postsecondary educational institutional on the expectations or standards of student, faculty, or staff behavior on campus, and the proper procedures for filing complaints of sex discrimination.
(C) Subject to permission from the respondent, a confidential respondent services coordinator shall do all of the following:
(i) Provide confidential emotional support and assistance to the respondent.
(ii) Inform the respondent of all of the following:
(I) The rights afforded to the respondent under the campus nondiscrimination policy.
(II) What the investigation and adjudication process entails.
(III) Where the respondent can access campus and community resources for psychological counseling, legal services, alternative housing, academic changes, and any other needs deemed necessary by the campus.
(iii) Act as the student advisor provided by the public postsecondary educational institution pursuant to Section.
(b) The positions established pursuant to subdivision (a) shall be all of the following:
(1) Exempt from the requirements of a responsible employee pursuant to Section 66281.8.
(2) Independent from a Title IX office, including, being separate and distinct from a Title IX coordinator established pursuant to Sections ____ and ____.
(3) Subject to supervision from the chief executive officer of the respective public postsecondary educational institution.
(c) A public postsecondary educational institution may do either or both of the following:
(1) Permit the same person to fulfill the positions of a confidential student advocate and a confidential staff and faculty advocate.
(2) Permit a sexual assault and domestic violence counselor described in Section 67385 to fulfill the position of confidential student advocate or the position of confidential staff and faculty advocate, or both.
(d) (1) A confidential student advocate, confidential staff and faculty advocate, and confidential respondent services coordinator shall obtain specific permission from the student, staff member, or faculty member alleging sex discrimination or the respondent who has been accused of sex discrimination, as applicable, before disclosing that person’s identity, or any information that could reasonably be expected to reveal their identity, to the public postsecondary educational institution or any other authority, including law enforcement, unless otherwise required by applicable state or federal law.
(2) This subdivision is intended to maintain confidentiality, preserve any applicable privileges, including, but not limited to, the privileges described in Article 8.5 (commencing with Section 1035) and Article 8.7 (commencing with Section 1037) of Chapter 4 of Division 8 of the Evidence Code, and protect the privacy of students, staff, or faculty alleging sex discrimination, and respondents accused of sex discrimination that receive assistance from a confidential student advocate, confidential staff and faculty advocate, or confidential respondent services coordinator, as applicable.
(e) This section shall not limit either party’s right of cross-examination of a confidential student advocate, confidential staff and faculty advocate, or confidential respondent services coordinator in a criminal or civil proceeding if the confidential student advocate, confidential staff and faculty advocate, or confidential respondent services coordinator testifies after written consent has been given by the individual who received services from that confidential advocate or confidential respondent services coordinator.
(f) For purposes of this section, the following definitions apply:
(1) “Chief executive officer” means the president of a community college campus or a California State University campus or the chancellor of a University of California campus.
(2) “Public postsecondary educational institution” means any campus of the California Community Colleges, the California State University, or the University of California.
(3) “Supportive measures” means nondisciplinary, nonpunitive individualized measures offered by a public postsecondary educational institution to sex discrimination complainants or respondents without fee or charge to restore or preserve a party’s access to education programs or activities and providing support during the grievance procedures as established by the campus nondiscrimination policy.

SEC. 2.

 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.
SECTION 1.

It is the intent of the Legislature to enact future legislation that would require each campus of the California Community Colleges and the California State University, and request each campus of the University of California, to provide, for purposes of sex discrimination complaints, confidential advocates and respondent coordinators.