Signed by Governor Gavin Newsom

Vote Smart's Synopsis:

Vote to concur with House amendments and pass a bill that requires postsecondary that receive state funding to clarify sexual assault allegation procedures, effective no later than January 2, 2022.

Highlights:

• Requires a post-secondary institution to:

• Adopt rules and procedures required by Title IX of the Education Amendments of 1972;

• Reiterate that their primary concern is student safety;

• Take reasonable steps to respond to each incident of sexual harassment; and

• Promptly investigate possible sexual harassment involving individuals subject to the institution’s policy to determine whether the alleged conduct more likely than not occurred, regardless of whether or not a complaint has been filed.

• Specifies that sexual harassment includes sexual battery, sexual harassment, and sexual exploitation (Sec 2).

• Requires an institution to take reasonable steps to end harassment, address the hostile environment if one has been created, prevent its recurrence, and address its effects if alleged conduct more likely than not occurred (Sec 3).

• Requires a post-secondary institution to provide a notice of nondiscrimination to each employee of the institution and any volunteers, individuals, or entities under a contract with the institution who regularly interact with students (Sec 3).

• Requires the institution to designate at least one employee to coordinate efforts to comply with and carry out responsibilities related to sexual harassment with adequate training in the subject area (Sec 3).

• Requires a school to adopt and publish on its website grievance procedures that provide for prompt and equitable resolution of sexual harassment complaints filed by a student against an employee or another student (Sec 3).

• Requires a post-secondary institution to publish on its website the name, title, and contact information of the Title IX coordinator and any individual within the institution with the authority to investigate complaints of sexual harassment (Sec 3).

• Requires the school to provide training to each employee engaged in the grievance procedures related to sex discrimination that includes (Sec 3):

• Trauma-informed investigatory and hearing practices that help ensure an impartial and equitable process;

• The best practices for assessment of a sexual harassment or sexual violence complaint;

• The proper methods for questioning the complainant, respondent, and witness; and

• Implicit bias and racial inequity information.

• Requires a post-secondary institution to ensure that residential life student and nonstudent staff, or their equivalents, annually receive training on how to handle reports made to them and situations in which they are aware of sexual harassment or sexual violence in student residential facilities (Sec 3).

• Requires the institution to notify employees of the obligation to report harassment to appropriate school officials (Sec 3).

• Requires the school to provide training to all employees on the identification of sexual harassment, including the person to whom it should be reported (Sec 3).

• Specifies that violations of these regulations could constitute discrimination and may be subject to civil action (Sec 3).

• Requires post-secondary institutions to comply with all provisions in order to receive state financial assistance (Sec 3).

• Authorizes the state to reimburse local agencies and school districts for costs related to these provisions (Sec 4).

Full Bill Text