CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2608

Introduced by Assembly Member Gabriel

February 14, 2024

An act to amend Section 67385.7 of the Education Code, relating to postsecondary education.


LEGISLATIVE COUNSEL'S DIGEST


AB 2608, as introduced, Gabriel. Postsecondary education: sexual violence and sexual harassment: training.
Existing law requires the governing boards of community college districts and the Trustees of the California State University, and requests the Regents of the University of California, to provide, as part of established campus orientations, educational and preventive information on sexual violence and sexual harassment. Existing law, beginning on September 1, 2024, and annually thereafter, requires the California Community Colleges, the California State University, and independent institutions of higher education and private postsecondary educational institutions that receive state financial assistance, and requests the University of California, to annually train students on sexual violence and sexual harassment, and requires that training to include certain topics, including common facts and myths about the causes of sexual violence and sexual harassment.
This bill would require the California Community Colleges, the California State University, and independent institutions of higher education and private postsecondary educational institutions that receive state financial assistance, and request the University of California, beginning on September 1, ____, and biennially thereafter, to consider updating the annual sexual violence and sexual harassment training for students. The bill would also require the annual sexual violence and sexual harassment training, beginning on September 1, ____, to include additional topics, including how to recognize if someone is at risk of drug-facilitated sexual assault. 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: YES   Local Program: YES  

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


SECTION 1.

 Section 67385.7 of the Education Code is amended to read:

67385.7.
 (a) The governing board of each community college district and the Trustees of the California State University shall, and the Regents of the University of California are requested to, in collaboration with campus-based and community-based victim advocacy organizations, provide, as part of established campus orientations, educational and preventive information about sexual violence to students at all campuses of their respective segments. For a campus with an existing on-campus orientation program, this information shall be provided, in addition to the sexual harassment information required to be provided pursuant to subdivision (e) of Section 66281.5, during the regular orientation for incoming students.
(b) (1) Each campus of the California Community Colleges and the California State University shall post educational and preventive information on sexual violence and sexual harassment on its campus internet website.
(2) Each campus of an independent institution of higher education, a private postsecondary educational institution, and the University of California is requested to post educational and preventive information on sexual violence and sexual harassment on its campus internet website.
(c) The educational and preventive information provided pursuant to this section shall include, but not necessarily be limited to, all of the following:
(1) Common facts and myths about the causes of sexual violence and sexual harassment.
(2) What constitutes sexual violence and sexual harassment, including information on how to file internal administrative complaints with the institution of higher education and how to file criminal charges with local law enforcement officials.
(3) The availability of, and contact information for, campus and community resources for students who are victims of sexual violence and sexual harassment.
(4) Methods of encouraging peer support for victims and the imposition of sanctions on offenders.
(5) Information regarding campus, criminal, and civil consequences of committing acts of sexual violence and sexual harassment.
(d) (1) Beginning on September 1, 2024, and each year thereafter, the California Community Colleges, the California State University, independent institutions of higher education that receive state financial assistance, and private postsecondary educational institutions that receive state financial assistance shall, and the University of California is requested to, annually train its students on sexual violence and sexual harassment. harassment, and beginning on September 1, ____, and every two years thereafter, consider updating the annual training.
(2) Beginning on September 1, 2024, and each year thereafter, students attending the California Community Colleges shall complete their annual training within six months of the beginning of the academic year.
(3) The annual training for students established in paragraph (1) shall cover all of the following topics:
(A) Common facts and myths about the causes of sexual violence and sexual harassment.
(B) What constitutes sexual violence and sexual harassment, including information on how to file internal administrative complaints with the institution of higher education and how to file criminal charges with local law enforcement officials.
(C) The availability of, and contact information for, campus and community resources for students who are victims of sexual violence and sexual harassment.
(D) Methods of encouraging peer support for victims and the imposition of sanctions on offenders.
(E) Information regarding campus, criminal, and civil consequences of committing acts of sexual violence and sexual harassment.
(F) The contact information of a Title IX coordinator or a similar position.
(G) As referenced in subparagraph (B) of paragraph (6) of subdivision (b) of Section 66281.8, statistics on the prevalence of sexual harassment and sexual violence in the educational setting, and the differing rates at which students experience sexual harassment and sexual assault in the educational setting based on their race, sexual orientation, disability, gender, and gender identity.
(4) Beginning on September 1, ____, the annual training for students established in paragraph (1) shall cover all of the following topics:
(A) How to recognize if a person is at risk of drug-facilitated sexual assault, including, but not limited to, common symptoms following drug consumption and intoxication.
(B) Effective measures that can be taken to prevent involuntary drug consumption and ways to respond to circumstances where a person may be involuntarily intoxicated and at risk for drug-facilitated sexual assault.
(C) As part of the topic covered pursuant to subparagraph (A) of paragraph (3), common facts and myths regarding drug-facilitated sexual assault.
(D) Information related to confidential support and care resources for emergency situations that arise as a result of an act of sexual violence or sexual harassment, or both, including, but not limited to, contact information and the availability of confidential medical and transportation services, forensic examination sites, and, to the extent available, rape crisis centers on campus or within the surrounding community of the campus.
(e) This section does not prevent the California Community Colleges, the California State University, independent institutions of higher education, private postsecondary educational institutions, and the University of California from incorporating the training developed pursuant to subdivision (d) from being integrated into existing trainings as referenced in subdivision (a).
(f) A community college district may authorize students to self-certify that they have completed training developed pursuant to this section.
(g) As used in this section, the following terms have the following meanings:
(1) “Independent institutions of higher education” has the same meaning as that term is defined in Section 66010.
(2) “Private postsecondary educational institution” has the same meaning as that term is defined in Section 94858.
(3) “Sexual violence” and “sexual harassment” have the same meaning as those terms are defined in Section 66262.5.
(4) “Training” or “train” includes, but is not limited to, in-person, remote, or video instruction. “Training” or “train” shall not include instruction that is only provided through written materials.
(h) Campuses of the California Community Colleges and the California State University shall, and campuses of the University of California are requested to, develop policies to encourage students to report any campus crimes involving sexual violence to the appropriate campus authorities.
(i) Campuses are urged to adopt policies to eliminate barriers for victims who come forward to report sexual assaults, and to advise students regarding these policies. These policies may include, but are not necessarily limited to, exempting the victim from campus sanctions for being in violation of any campus policies, including alcohol or substance abuse policies or other policies of the campus, at the time of the incident.
(j) The Board of Governors of the California Community Colleges and the Trustees of the California State University shall, and the Regents of the University of California are requested to, develop and adopt regulations setting forth procedures for the implementation of this section by campuses in their respective segments.

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.