SB 289

The Donahoe Higher Education Act sets forth the missions and functions of California’s public segments of higher education and their respective institutions of higher education. Provisions of the act apply to the University of California only to the extent that the Regents of the University of California act, by appropriate resolution, to make them applicable. Among other things, the act requires the governing board of each community college district, the Trustees of the California State University, and the Regents of the University of California to adopt and implement a rape and sexual assault education program at each of their respective campuses or other facilities. 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, which includes sexual harassment, under any education program or activity receiving federal financial assistance. Existing law requires each California State University campus to establish, and each University of California campus to designate, a Title IX office that is under the administration of a Title IX coordinator who is responsible for coordinating the campus’ implementation of and compliance with systemwide nondiscrimination policies, as provided. This bill would require the Attorney General to establish a statewide Gender and Sex Discrimination Educational Oversight Office. The bill would require the office to serve as a point of contact for students who are dissatisfied with their campus-based policies or investigative procedures designed to prevent or address incidents of harassment, rape, sexual assault, and violence at their respective campuses. The bill would require the office to receive complaints from students regarding the students’ campuses’ noncompliance with any aspect of Title IX. The bill would authorize the office to establish a process to investigate campus-based policies and investigative procedures relating to harassment, rape, sexual assault, and violence complaints. The bill would require the office to receive an annual report on incidents of harassment, rape, sexual assault, and violence that involve students who are enrolled at a campus of a community college district, the California State University, an independent postsecondary educational institution, or the University of California, as provided, and would authorize the office to investigate those institutions’ policies, procedures, or campus-based investigations following the incident, and make recommendations to the Attorney General, district attorney, or city attorney, as provided. The bill would require the governing board of each community college district, the Trustees of the California State University, the governing board of each independent postsecondary educational institution, and the Regents of the University of California to submit an annual report to the office regarding those incidents, as specified. By imposing new duties on community college districts, this 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.