Today's Law As Amended


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



As Amends the Law Today


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)).

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) “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) The organization’s current recognition status by the campus.
(vi) The current conduct status of the organization, as determined by the institution.
(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.
(d) (1) The institution of higher education shall compile the information collected pursuant to 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. 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.