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AB-1000 Student safety.(2019-2020)

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Date Published: 07/30/2019 09:00 PM
AB1000:v95#DOCUMENT

Assembly Bill No. 1000
CHAPTER 125

An act to amend Section 67385 of the Education Code, relating to postsecondary education.

[ Approved by Governor  July 30, 2019. Filed with Secretary of State  July 30, 2019. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1000, Cervantes. Student safety.
Existing law requires the governing board of a community college district, the Trustees of the California State University, the Board of Directors of the Hastings College of the Law, and the Regents of the University of California to adopt and implement a written procedure or protocols relating to sexual assault, as provided. This requirement applies to the University of California only if the regents, by appropriate resolution, make it applicable.
This bill would require these postsecondary entities, including the University of California if the regents make it applicable by appropriate resolution, to annually review, and update as necessary in collaboration with sexual assault counselors and student, faculty, and staff representatives, the written procedure or protocols. By imposing additional duties on community college districts, the 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 67385 of the Education Code is amended to read:

67385.
 (a) The governing board of each community college district, the Trustees of the California State University, the Board of Directors of the Hastings College of the Law, and the Regents of the University of California shall each adopt, and implement at each of their respective campuses or other facilities, a written procedure or protocols to ensure, to the fullest extent possible, that students, faculty, and staff who are victims of sexual assault committed at or upon the grounds of, or upon off-campus grounds or facilities maintained by the institution, or upon grounds or facilities maintained by affiliated student organizations, shall receive treatment and information. If appropriate on-campus treatment facilities are unavailable, the written procedure or protocols may provide for referrals to local community treatment centers.
(b) The written procedure or protocols adopted pursuant to subdivision (a) shall contain at least the following information:
(1) The college policy regarding sexual assault on campus.
(2) Personnel on campus who should be notified, and procedures for notification, with the consent of the victim.
(3) Legal reporting requirements, and procedures for fulfilling them.
(4) Services available to victims, and personnel responsible for providing these services, such as the person assigned to transport the victim to the hospital, to refer the victim to a counseling center, and to notify the police, with the victim’s concurrence.
(5) A description of campus resources available to victims, as well as appropriate off-campus services.
(6) Procedures for ongoing case management, including procedures for keeping the victim informed of the status of any student disciplinary proceedings in connection with the sexual assault, and the results of any disciplinary action or appeal, and helping the victim deal with academic difficulties that may arise because of the victimization and its impact.
(7) Procedures for guaranteeing confidentiality and appropriately handling requests for information from the press, concerned students, and parents.
(8) Procedures ensuring that each victim of sexual assault should receive information about the existence of at least the following options: criminal prosecutions, civil prosecutions, the disciplinary process through the college, the availability of mediation, alternative housing assignments, and academic assistance alternatives.
(c) The written procedure or protocols adopted pursuant to subdivision (a) shall be reviewed annually, and updated as necessary in collaboration with sexual assault counselors and student, faculty, and staff representatives.
(d) Each segment of higher education shall implement this chapter from existing funds and resources available to it.
(e) For purposes of this section, “sexual assault” includes, but is not limited to, rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or threat of sexual assault.

SEC. 2.

 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.