Bill Text: CA AB942 | 2023-2024 | Regular Session | Introduced
Bill Title: Postsecondary education: sex equity.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB942 Detail]
Download: California-2023-AB942-Introduced.html
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 942
| Introduced by Assembly Member Mike Fong |
February 14, 2023 |
An act to amend Section 66262.5 of the Education Code, relating to postsecondary education.
LEGISLATIVE COUNSEL'S DIGEST
AB 942, as introduced, Mike Fong.
Postsecondary education: sex equity.
Existing law prohibits a person from being subjected to discrimination on the basis of specified attributes, including, among others, sex, in a program or activity conducted by a postsecondary educational institution that receives, or benefits from, state financial assistance or enrolls students who receive state student financial aid. Existing law provides that sexual harassment of students is a form of sex discrimination prohibited under this prohibition.
This bill instead would provide that sexual harassment of students is a form of sex-based harassment and sex-based discrimination prohibited under that prohibition.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
It is the intent of the Legislature to amend Sections 66262.5 and 66281.8 of the Education Code to align with Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) and the impending federal regulations in Part 106 of Chapter 1 of Subtitle B of Title 34 of the Code of Federal Regulations.SEC. 2.
Section 66262.5 of the Education Code is amended to read:66262.5.
(a) (1) “Sexual harassment” has the same meaning as defined in Section 212.5 and includes sexual battery, sexual violence, and sexual exploitation.(2) Sexual harassment of students is a form of sex discrimination sex-based harassment and sex-based discrimination prohibited by Section 66270.
(b) For purposes of this chapter, the following terms have the following meanings:
definitions apply:
(1) “Sexual violence” means physical sexual acts perpetrated against a person without the person’s affirmative consent, as defined in paragraph (1) of subdivision (a) of Section 67386. Physical sexual acts include both of the following:
(A) Rape, defined as penetration, no matter how slight, of the vagina or anus with any part or object, or oral copulation of a sex organ by another person, without the consent of the victim.
(B) Sexual battery, as defined in paragraph (2).
(2) “Sexual battery” means the intentional touching of another person’s intimate parts without consent, intentionally causing a person to touch the intimate parts of another without consent, or using a person’s own intimate part
to intentionally touch another person’s body without consent.
(3) “Sexual exploitation” means a person taking sexual advantage of another person for the benefit of anyone other than that person without that person’s consent, including, but not limited to, any of the following acts:
(A) The prostituting of another person.
(B) The trafficking of another person, defined as the inducement of a person to perform a commercial sex act, or labor or services, through force, fraud, or coercion.
(C) The recording of images, including video or photograph, or audio of another person’s sexual activity or intimate parts, without that person’s consent.
(D) The distribution of images, including video or
photograph, or audio of another person’s sexual activity or intimate parts, if the individual distributing the images or audio knows or should have known that the person depicted in the images or audio did not consent to the disclosure.
(E) The viewing of another person’s sexual activity or intimate parts, in a place where that other person would have a reasonable expectation of privacy, without that person’s consent, for the purpose of arousing or gratifying sexual desire.
