Today's Law As Amended


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SB-1166 Public postsecondary education: sex discrimination reports.(2023-2024)



As Amends the Law Today


SECTION 1.

 Section 66282 of the Education Code is amended to read:

66282.
 (a) It is the intent of the Legislature that the California State University annually report to the Legislature  on the investigations and outcomes of sexual harassment reports and formal sexual harassment complaints. institution’s efforts to prevent and address sex discrimination on campuses of the California State University. 
(b) The California State University shall, on or before December 1 of each year, submit a report to the Legislature, consistent with the requirements of  in compliance with  Section 9795 of the Government Code, that includes  provides a summation of the activities undertaken by each campus and by the systemwide Title IX office to ensure campus programs and activities are free from sex discrimination. The report shall include, but is not limited to,  all of the following information:
(1) (A) The number of sexual harassment reports filed disaggregated by each individual campus and the chancellor’s office.
(B) The number of formal  sexual harassment complaints filed with the campus-based or systemwide Title IX coordinator disaggregated by each individual campus and the chancellor’s office. Formal sexual  Sexual  harassment complaints shall include all formal  sexual harassment complaints that have been submitted to a Title IX office regardless of whether or not an official investigation has begun.
(2) The number of formal  sexual harassment complaints under investigation, the length of time taken to commence an official investigation after a formal  sexual harassment complaint is filed, and the length of time taken from the beginning of an investigation to the completion of a final investigative report, disaggregated by each individual campus and the chancellor’s office as follows:
(A) The length of time taken to commence an official investigation after a formal  sexual harassment complaint is filed shall be grouped in the following categories:
(i) Less than two weeks.
(ii) Two weeks to one month.
(iii) One to three months.
(iv) Three to six months.
(v) Six to 12 months.
(vi) Twelve to 18 months.
(vii) More than 18 months.
(B) The length of time taken from the beginning of an investigation to the completion of a final investigative report shall be grouped in the following categories:
(i) Less than six months.
(ii) Six to 12 months.
(iii) Twelve to 18 months.
(iv) More than 18 months.
(3) The number of hearings conducted for formal  sexual harassment complaints and the outcomes of those hearings disaggregated by each individual campus and the chancellor’s office. The outcomes of those hearings shall be grouped in the following categories:
(A) An informal resolution or settlement was agreed to by the complainant and respondent.
(B) A hearing was convened and a final administrative decision was rendered by the decisionmaker.
(C) A hearing is scheduled or has concluded, but the decisionmaker has not rendered a final administrative decision.
(4) (A) The number of appeals requested by either the complainant or respondent disaggregated by each individual campus and the chancellor’s office.
(B) The outcomes of the appeals identified in subparagraph (A) disaggregated by each individual campus and the chancellor’s office.
(C) The outcomes of appeals that occur if an employee respondent elects to appeal a discipline sanction as a result of the complaint through the appeal process provided by the employee’s collective bargaining agreement or pursuant to Sections 89539 and 89542.5.
(5) A list of the personnel disaggregated by campus who are exempt from being responsible employees pursuant to subparagraph (C) of paragraph (2) of subdivision (a) of Section 66281.8.
(c) The California State University shall post the annual reports described in subdivision (b) on its internet website. website and shall present each report during a public meeting of the trustees. 
(d) For purposes of this section, the following definitions apply:
(1) “Chancellor’s office” means the office of the Chancellor of the California State University.
(2) “Final administrative decision” means the written determination of whether or not sexual harassment occurred as determined by the decisionmaker following the final investigative report and the subsequent hearing.
(3) “Final investigative report” means the final report of the summary of relevant evidence provided by the Title IX investigator to the complainant and respondent.
(4) “Sexual harassment” has the same meaning as described in subdivision (a) of  Section 66262.5.

SEC. 2.

 Section 66282.1 is added to the Education Code, to read:

66282.1.
 (a) It is the intent of the Legislature that the California Community Colleges triennially report to the Legislature on the system’s efforts to prevent and address sex discrimination on campuses of the California Community Colleges.
(b) On or before September 1, 2026, and on or before each September 1 thereafter, the governing board of each community college district shall prepare and submit to the chancellor’s office a report on the activities undertaken by the community college district to ensure campus programs and activities are free from sex discrimination. The report shall include, but is not limited to, all of the following information:
(1) (A) The number of sexual harassment reports filed disaggregated by each individual campus of the community college district.
(B) The number of sexual harassment complaints filed with the district Title IX office disaggregated by each individual campus of the community college district. Sexual harassment complaints shall include all sexual harassment complaints that have been submitted to a Title IX office regardless of whether or not an official investigation has begun.
(2) The number of sexual harassment complaints under investigation, the length of time taken to commence an official investigation after a sexual harassment complaint is filed, and the length of time taken from the beginning of an investigation to the completion of a final investigative report, disaggregated by each individual campus of the community college district as follows:
(A) The length of time taken to commence an official investigation after a sexual harassment complaint is filed shall be grouped in the following categories:
(i) Less than two weeks.
(ii) Two weeks to one month.
(iii) One to three months.
(iv) Three to six months.
(v) Six to 12 months.
(vi) Twelve to 18 months.
(vii) More than 18 months.
(B) The length of time taken from the beginning of an investigation to the completion of a final investigative report shall be grouped in the following categories:
(i) Less than six months.
(ii) Six to 12 months.
(iii) Twelve to 18 months.
(iv) More than 18 months.
(3) The number of hearings conducted for sexual harassment complaints and the outcomes of those hearings disaggregated by each individual campus. The outcomes of those hearings shall be grouped in the following categories:
(A) An informal resolution or settlement was agreed to by the complainant and respondent.
(B) A hearing was convened and a final administrative decision was rendered by the decisionmaker.
(C) A hearing is scheduled or has concluded, but the decisionmaker has not rendered a final administrative decision.
(4) (A) The number of appeals requested by either the complainant or respondent disaggregated by each individual campus.
(B) The outcomes of the appeals identified in subparagraph (A) disaggregated by each individual campus.
(C) The outcomes of appeals that occur if an employee respondent elects to appeal a discipline sanction as a result of the complaint through the appeal process provided by the employee’s collective bargaining agreement or pursuant to Sections 87669, 88013, and 88124.
(5) A list of the personnel disaggregated by campus who are exempt from being responsible employees pursuant to subparagraph (C) of paragraph (2) of subdivision (a) of Section 66281.8.
(c) Each community college district shall post the annual reports described in subdivision (b) on its internet website and shall present each report during a public meeting of the governing board of the community college district.
(d) On or before December 1, 2026, and on or before December 1 every three years thereafter, the chancellor’s office shall submit a report to the Legislature, in compliance with Section 9795 of the Government Code, that provides a summation of the activities undertaken by each community college district and by the systemwide Title IX office to ensure campus programs and activities are free from sex discrimination. The report shall include, but is not limited to, the reports provided by each community college district pursuant to subdivision (b).
(e) The chancellor’s office shall post the annual reports described in subdivision (c) on its internet website.
(f) For purposes of this section, the following definitions apply:
(1) “Chancellor’s office” means the office of the Chancellor of the California Community Colleges.
(2) “Final administrative decision” means the written determination of whether or not sexual harassment occurred as determined by the decisionmaker following the final investigative report and the subsequent hearing.
(3) “Final investigative report” means the final report of the summary of relevant evidence provided by the Title IX investigator to the complainant and respondent.
(4) “Sexual harassment” has the same meaning as described in Section 66262.5.

SEC. 3.

 Section 66282.2 is added to the Education Code, to read:

66282.2.
 (a) It is the intent of the Legislature that the University of California annually report to the Legislature on the institution’s efforts to prevent and address sex discrimination on campuses of the University of California.
(b) The University of California is requested to submit, on or before December 1 of each year, a report to the Legislature, in compliance with Section 9795 of the Government Code, that provides a summation of the activities undertaken by each campus and by the systemwide Title IX office to ensure campus programs and activities are free from sex discrimination. The report shall include, but is not limited to, all of the following information:
(1) (A) The number of sexual harassment reports filed disaggregated by each individual campus and the president’s office.
(B) The number of sexual harassment complaints filed with the campus-based or systemwide Title IX coordinator disaggregated by each individual campus and the president’s office. Sexual harassment complaints shall include all sexual harassment complaints that have been submitted to a Title IX office regardless of whether or not an official investigation has begun.
(2) The number of sexual harassment complaints under investigation, the length of time taken to commence an official investigation after a sexual harassment complaint is filed, and the length of time taken from the beginning of an investigation to the completion of a final investigative report, disaggregated by each individual campus and the president’s office as follows:
(A) The length of time taken to commence an official investigation after a sexual harassment complaint is filed shall be grouped in the following categories:
(i) Less than two weeks.
(ii) Two weeks to one month.
(iii) One to three months.
(iv) Three to six months.
(v) Six to 12 months.
(vi) Twelve to 18 months.
(vii) More than 18 months.
(B) The length of time taken from the beginning of an investigation to the completion of a final investigative report shall be grouped in the following categories:
(i) Less than six months.
(ii) Six to 12 months.
(iii) Twelve to 18 months.
(iv) More than 18 months.
(3) The number of hearings conducted for sexual harassment complaints and the outcomes of those hearings disaggregated by each individual campus and the president’s office. The outcomes of those hearings shall be grouped in the following categories:
(A) An informal resolution or settlement was agreed to by the complainant and respondent.
(B) A hearing was convened and a final administrative decision was rendered by the decisionmaker.
(C) A hearing is scheduled or has concluded, but the decisionmaker has not rendered a final administrative decision.
(4) (A) The number of appeals requested by either the complainant or respondent disaggregated by each individual campus and the Office of the President.
(B) The outcomes of the appeals identified in subparagraph (A) disaggregated by each individual campus and the president’s office.
(C) The outcomes of appeals that occur if an employee respondent elects to appeal a discipline sanction as a result of the complaint through the appeal process provided by the employee’s collective bargaining agreement.
(5) A list of the personnel disaggregated by campus who are exempt from being responsible employees pursuant to subparagraph (C) of paragraph (2) of subdivision (a) of Section 66281.8.
(c) The University of California is requested to post the annual reports described in subdivision (b) on its internet website and to present each report during a public meeting of the regents.
(d) For purposes of this section, the following definitions apply:
(1) “Final administrative decision” means the written determination of whether or not sexual harassment occurred as determined by the decisionmaker following the final investigative report and the subsequent hearing.
(2) “Final investigative report” means the final report of the summary of relevant evidence provided by the Title IX investigator to the complainant and respondent.
(3) “President’s office” means the office of the President of the University of California.
(4) “Sexual harassment” has the same meaning as described in Section 66262.5.
SEC. 4.
 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.