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AB-1155 Postsecondary education: Campus-Affiliated Sorority and Fraternity Transparency Act.(2019-2020)

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Date Published: 01/14/2020 09:00 PM
AB1155:v97#DOCUMENT

Amended  IN  Assembly  January 14, 2020
Amended  IN  Assembly  January 06, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1155


Introduced by Assembly Member Rodriguez

February 21, 2019


An act to add Chapter 5.2 (commencing with Section 66310) to Part 40 of Division 5 of Title 3 of the Education Code, relating to postsecondary education.


LEGISLATIVE COUNSEL'S DIGEST


AB 1155, as amended, Rodriguez. Postsecondary education: Campus-Affiliated Sorority and Fraternity Transparency Act.
Existing law establishes the University of California, the California State University, the California Community Colleges, independent institutions of higher education, and private postsecondary educational institutions as the segments of postsecondary education in this state. Existing law requests the Trustees of the California State University, the Regents of the University of California, and the governing board of each community college district to adopt and publish policies on harassment, intimidation, and bullying to be included within the rules and regulations governing student behavior and, if the institution expends funds to support activities related to campus climate, as defined, to adopt and publish the above-described policies.
This bill would establish the Campus-Affiliated Sorority and Fraternity Transparency Act, which would require each institution of higher education to include in the institution’s requirements for campus recognition of a campus-affiliated sorority or fraternity, as defined, a requirement that the sorority or fraternity report on or before July 1, 2022, and annually thereafter, specified information to the institution and a requirement that the institution suspend the campus recognition of any sorority or fraternity that does not comply with these reporting requirements. The bill would encourage a sorority or fraternity not affiliated with the institution that has more than 50% of members enrolled at that institution to comply with these reporting requirements. The bill would require each institution with sororities or fraternities to compile the collected information into a publicly accessible report posted, and archived, on each respective campus’ internet website on or before August 1, 2022, and annually thereafter. The bill would require the annual report to include outcomes of allegations of misconduct, as defined, by sororities or fraternities or members of the sororities or fraternities and the number of citations, or disciplinary actions taken, relating to sexual assault by members of the sororities or fraternities. To the extent this would impose 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 The Legislature finds and declares that the misconduct information required to be reported pursuant to this act is the same information as is required to be reported pursuant to the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 U.S.C. Sec. 1092(f)).

SECTION 1.SEC. 2.

 Chapter 5.2 (commencing with Section 66310) is added to Part 40 of Division 5 of Title 3 of the Education Code, to read:
CHAPTER  5.2. Campus-Affiliated Sorority and Fraternity Transparency Act

66310.
 This chapter shall be known, and may be cited, as the Campus-Affiliated Sorority and Fraternity Transparency Act.

66312.
 (a) For the purposes of this chapter, the following terms have the following meanings:

(1)“Institution of higher education” means a campus of the California Community Colleges, the California State University, or the University of California, a private postsecondary educational institution, or an independent institution of higher education.

(2)(A)“A campus-affiliated sorority or fraternity” or “organization” means a sorority or fraternity recognized as an affiliated sorority or fraternity of the institution by the official authorizing body at the institution of higher education where it operates.

(B)For the purposes of this chapter, this definition does not include a collegiate honor society.

(3)

(1) “Academic year” has the same meaning as in Section 69432.7.
(2) (A) “Campus-affiliated sorority or fraternity” or “organization” means a sorority or fraternity recognized as an affiliated sorority or fraternity of the institution by the official authorizing body at the institution of higher education where it operates.
(B) For the purposes of this chapter, this definition does not include a collegiate honor society.
(3) “Institution of higher education” means a campus of the California Community Colleges, the California State University, or the University of California, a private postsecondary educational institution, or an independent institution of higher education.
(4) “Misconduct” means any conduct reportable under subparagraph (F) of paragraph (1) of the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 U.S.C. Sec. 1092(f)).
(5) “Sexual assault” has the same meaning as in the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 U.S.C. Sec. 1092(f)).
(b) Notwithstanding Section 67400, each institution of higher education shall include in the institution’s requirements for campus recognition of each campus-affiliated sorority or fraternity, both of the following requirements:
(1) (A) A requirement that each organization report to the institution on or before July 1, 2022, and annually thereafter, all of the following:
(i) The number of active members in the organization.
(ii) The number of new members added to the organization.
(iii) The average grade point average of the membership of the organization.
(iv) The total amount of money earned through fundraising by the organization.

(v)Any outcomes of allegations of misconduct by the organization or any member of the organization.

(vi)

(v) The organization’s current recognition status by the campus.

(vii)

(vi) The current conduct status of the organization, as determined by the institution.

(viii)The number of citations, or disciplinary actions taken, relating to sexual assault by a member of the organization.

(ix)

(vii) Any additional information the institution may require.
(B) Unless otherwise specified, the information reported pursuant to subparagraph (A) shall be for the academic year immediately preceding the reporting deadline.
(2) A requirement that any campus organization not in compliance with the reporting requirements in paragraph (1) be suspended from campus recognition.
(c) A sorority or fraternity that satisfies both of the following is encouraged to comply with the reporting requirements of subdivision (b):
(1) The sorority or fraternity has more than 50 percent of its members enrolled at the institution of higher education.
(2) The sorority or fraternity is not recognized as an affiliated sorority or fraternity of that institution by the official authorizing body of that institution.

(c)

(d) (1) The institution of higher education shall compile the information collected pursuant to subdivision subdivisions (b) and (c) into a publicly accessible report published on each respective campus’ internet website on or before August 1, 2022, and annually thereafter. Each annual report shall be archived and remain available on the campus internet website.
(2) Any institution that does not have any organization as defined in paragraph (2) of subdivision (a) shall be exempt from the reporting requirement of this subdivision.
(3) The institution of higher education shall include in the annual report both of the following for every campus-affiliated sorority and fraternity and every participating sorority or fraternity described in subdivision (c) for the academic year immediately preceding the reporting deadline:
(A) Any outcomes of allegations of misconduct by the sorority or fraternity or any member of the sorority or fraternity.
(B) The number of citations, or disciplinary actions taken, relating to sexual assault by a member of the sorority or fraternity.
(e) Reports required pursuant to this section shall not include any personally identifiable information for any individual.

SEC. 2.SEC. 3.

 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.