Existing law, 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.

This bill would require the governing board of each community college district and the trustees, and as a condition of receiving state funds for student financial aid, the governing board of each independent postsecondary educational institution and the regents, to, among other things, enter into a contract with a local rape crisis center in order to designate an advocate, who is independent from the campus or university, to assist student victims following incidents of rape or sexual assault. The bill would require the Attorney General to establish a statewide Title IX Oversight Office, which would, among other things, serve as a point of contact for students who are dissatisfied with campus-based policies or investigative procedures designed to prevent or address incidents of rape or sexual assault. The bill would require the office to receive complaints from students regarding the students’ campuses’ noncompliance with Title IX of the Education Amendments of 1972. The bill would also authorize the oversight office to assess fines on a postsecondary educational institution that does not comply with its campus or systemwide policies, or state or federal laws, establish a process to investigate these complaints, and campus-based policies and investigative procedures regarding rape and sexual assault. The bill would further require all students enrolled at the California Community Colleges, the California State University, each independent postsecondary educational institution, and the University of California to receive information or to complete a form of annual training, electronic or in person, on rape and sexual assault awareness and prevention, and as specified. The bill would further require the California State University and University, the California Community Colleges, and as a condition of receiving state funds for student financial aid, each independent postsecondary educational institution institution, and the University of California, California to place a hold on each student’s the course registration of each student who does not complete required training by the end of the first term of the academic year until the student completes the training. The bill would further require informational posters containing specified information relating to rape and sexual assault to be placed in all buildings that are most frequented by students, including student housing and dining areas, the student union, and athletic facilities, on each campus of these institutions.

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 these statutory provisions.