Bill Text: CA SB1439 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Postsecondary education: academic and administrative employees: disclosure of sexual harassment.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Vetoed) 2016-11-30 - Last day to consider Governor's veto pursuant to Joint Rule 58.5. [SB1439 Detail]

Download: California-2015-SB1439-Amended.html

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BILL NUMBER: SB 1439	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 1, 2016
	AMENDED IN SENATE  JUNE 1, 2016
	AMENDED IN SENATE  MARCH 28, 2016

INTRODUCED BY   Senator Block

                        FEBRUARY 19, 2016

   An act to add Sections  87604.5 and 89521  
87   604.5, 89521, and 92612.1  to the Education Code,
relating to postsecondary education.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1439, as amended, Block. Postsecondary education: academic and
administrative employees: disclosure of sexual harassment.
   (1) Under existing law, the segments of postsecondary education in
this state include the  California State 
University  of California, the California State University, 
and the California Community Colleges. Existing law authorizes the
governing board of each community college district and the Trustees
of the California State University to employ persons in academic and
administrative positions in order to carry out the functions of their
respective institutions.    The California Constitution
  provides that the University of California constitutes a
public trust administered by the Regents of the University of
California, a corporation in the form of a board, with full powers of
organization and government, subject to legislative control only for
specified purposes. 
   This bill would require  community college district
governing boards and   the Regents of the University of
California,  the Trustees of the California State 
University   University, and the community college
district governing boards  to require  that an
application   as part of the hiring process  for
 an  appointment to an academic or administrative position
 with that district or with the California State University,
as appropriate, include a requirement  that the applicant
disclose any final administrative decision, as defined, or final
judicial decision, as defined, determining that the applicant
committed sexual harassment.  The bill would prohibit the
University of California, the California State University, or a
community college district from asking an applicant to disclose,
orally or in writing, information concerning any final administrative
decision or final judicial decision described above, including any
inquiry about an applicable decision on any employment application,
until it has determined that the applicant meets the minimum
employment qualifications stated in the notice issued for the 
 position. 
   To the extent that these provisions would impose new requirements
on community college district governing boards, this bill would
constitute a state-mandated local program.
   (2)  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 these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 87604.5 is added to the Education Code, to
read:
   87604.5.  (a) The governing board of a community college district
shall require  that an application   as part of
the hiring process  for  an  appointment to an academic
or administrative position with that district  include a
requirement  that the applicant disclose any final
administrative decision or final judicial decision determining that
the applicant committed sexual harassment. 
   (b) A community college district shall not ask an applicant to
disclose, orally or in writing, information concerning any final
administrative decision or final judicial decision described in
subdivision (a), including any inquiry about an applicable decision
on any employment application, until the community college district
has determined that the applicant meets the minimum employment
qualifications stated in the notice issued for the position. 

   (c) This section shall not be construed to prevent a community
college district from conducting a background check after complying
with subdivision (b).  
   (b) 
    (d)  For purposes of this section, the following
definitions shall apply:
   (1) "Final administrative decision" means a final determination
based on the investigative findings of a Title IX compliance
coordinator, or other designated investigator, at a college or
university on a complaint of sexual harassment.
   (2) "Final judicial decision" means a final determination of a
matter submitted to a court that is recorded in a judgment or order
of that court.
  SEC. 2.  Section 89521 is added to the Education Code, to read:
   89521.  (a) The trustees shall require  that an
application   as part of the hiring process  for
 an  appointment to an academic or administrative position
with the California State University  include a requirement
 that the applicant disclose any final administrative
decision or final judicial decision determining that the applicant
committed sexual harassment. 
   (b) The California State University shall not ask an applicant to
disclose, orally or in writing, information concerning any final
administrative decision or final judicial decision described in
subdivision (a), including any inquiry about an applicable decision
on any employment application, until the California State University
has determined that the applicant meets the minimum employment
qualifications stated in the notice issued for the position.

   (c) This section shall not be construed to prevent the California
State University from conducting a background check after complying
with subdivision (b).  
   (b) 
    (d)  For purposes of this section, the following
definitions shall apply:
   (1) "Final administrative decision" means a final determination
based on the investigative findings of a Title IX compliance
coordinator, or other designated investigator, at a college or
university on a complaint of sexual harassment.
   (2) "Final judicial decision" means a final determination of a
matter submitted to a court that is recorded in a judgment or order
of that court.
   SEC. 3.    Section 92612.1 is added to the  
Education Code   , to read:  
   92612.1.  (a) The regents shall require as part of the hiring
process for an appointment to an academic or administrative position
with the University of California that the applicant disclose any
final administrative decision or final judicial decision determining
that the applicant committed sexual harassment.
   (b) The University of California shall not ask an applicant to
disclose, orally or in writing, information concerning any final
administrative decision or final judicial decision described in
subdivision (a), including any inquiry about an applicable decision
on any employment application, until the University of California has
determined that the applicant meets the minimum employment
qualifications stated in the notice issued for the position.
   (c) This section shall not be construed to prevent the University
of California from conducting a background check after complying with
subdivision (b).
   (d) For purposes of this section, the following definitions shall
apply:
   (1) "Final administrative decision" means a final determination
based on the investigative findings of a Title IX compliance
coordinator, or other designated investigator, at a college or
university on a complaint of sexual harassment.
   (2) "Final judicial decision" means a final determination of a
matter submitted to a court that is recorded in a judgment or order
of that court. 
   SEC. 3.   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.