CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 169Introduced by Senators Jackson and De LenJanuary 23, 2017 An act relating to postsecondary education. LEGISLATIVE COUNSEL'S DIGESTSB 169, as introduced, Jackson. Discrimination: federal Title IX.Existing state law, known as the Donahoe Higher Education Act, sets forth, among other things, the missions and functions of Californias public and independent 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, by appropriate resolution, act to make a provision applicable.Existing federal law, known as Title IX, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination under, any education program or activity receiving federal financial assistance. A portion of the Donahoe Higher Education Act known as the Equity in Higher Education Act declares, among other things, that it is the policy of the State of California that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind in the postsecondary educational institutions of the state.This bill would express the intent of the Legislature to later enact legislation that would codify the protections and requirements enshrined in Title IX in order to ensure every student can pursue an education in a nonhostile, safe, and harmonious environment, and that would codify the clarifying guidance of the United States Department of Education Office for Civil Rights providing that all forms of student-on-student sexual violence, including rape, sexual assault, sexual battery, and sexual coercion, are sexual harassment subject to the requirements of Title IX and outlining the duties of educational institutions to respond to that harassment. The bill also would make findings and declarations regarding Title IX protections for students and requirements on educational institutions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) The goal of Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) is to provide greater levels of gender equity in schools. The results have been higher enrollment in colleges and universities, increased numbers of graduate degrees in science and mathematics, increased participation in athletics, and ensured fairer treatment in cases of sexual and gender harassment. These benefits not only lead to higher self-esteem and enhanced leadership skills, but also to higher rates of graduation and greater levels of career success. Title IX was approved in 1972, yet noncompliance with its requirements is still problematic.(b) While substantial progress has been made in recent years to ensure equal access to education through the enforcement of Title IX, changes in federal enforcement priorities may undermine the protections students have found essential to pursuing an education in a safe and nondiscriminatory environment. Title IX requires educational institutions to take immediate and effective steps to end discriminatory conduct, including harassment, to prevent its recurrence, and to address its effects.(c) The legal rights and protections enshrined in Title IX and its implementing regulations are an important tool for student victims and survivors in cases of student-on-student sexual harassment. Students have been empowered under the law to pursue and protect their rights to equity in education. The United States Department of Education Office for Civil Rights has made clear in recent years that the protections and requirements of Title IX pertaining to sexual harassment cover forms of sexual violence, including rape, sexual assault, sexual battery, and sexual coercion.SEC. 2. It is the intent of the Legislature to later enact legislation that would codify the protections and requirements enshrined in Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) in order to ensure every student can pursue an education in a nonhostile, safe, and harmonious environment. Furthermore, it is the intent of the Legislature to later enact legislation that would codify the clarifying guidance of the United States Department of Education Office for Civil Rights providing that all forms of student-on-student sexual violence, including rape, sexual assault, sexual battery, and sexual coercion, are sexual harassment subject to the requirements of Title IX and outlining the duties of educational institutions to respond to that harassment.
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 169Introduced by Senators Jackson and De LenJanuary 23, 2017 An act relating to postsecondary education. LEGISLATIVE COUNSEL'S DIGESTSB 169, as introduced, Jackson. Discrimination: federal Title IX.Existing state law, known as the Donahoe Higher Education Act, sets forth, among other things, the missions and functions of Californias public and independent 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, by appropriate resolution, act to make a provision applicable.Existing federal law, known as Title IX, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination under, any education program or activity receiving federal financial assistance. A portion of the Donahoe Higher Education Act known as the Equity in Higher Education Act declares, among other things, that it is the policy of the State of California that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind in the postsecondary educational institutions of the state.This bill would express the intent of the Legislature to later enact legislation that would codify the protections and requirements enshrined in Title IX in order to ensure every student can pursue an education in a nonhostile, safe, and harmonious environment, and that would codify the clarifying guidance of the United States Department of Education Office for Civil Rights providing that all forms of student-on-student sexual violence, including rape, sexual assault, sexual battery, and sexual coercion, are sexual harassment subject to the requirements of Title IX and outlining the duties of educational institutions to respond to that harassment. The bill also would make findings and declarations regarding Title IX protections for students and requirements on educational institutions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Senate Bill No. 169
Introduced by Senators Jackson and De LenJanuary 23, 2017
Introduced by Senators Jackson and De Len
January 23, 2017
An act relating to postsecondary education.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 169, as introduced, Jackson. Discrimination: federal Title IX.
Existing state law, known as the Donahoe Higher Education Act, sets forth, among other things, the missions and functions of Californias public and independent 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, by appropriate resolution, act to make a provision applicable.Existing federal law, known as Title IX, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination under, any education program or activity receiving federal financial assistance. A portion of the Donahoe Higher Education Act known as the Equity in Higher Education Act declares, among other things, that it is the policy of the State of California that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind in the postsecondary educational institutions of the state.This bill would express the intent of the Legislature to later enact legislation that would codify the protections and requirements enshrined in Title IX in order to ensure every student can pursue an education in a nonhostile, safe, and harmonious environment, and that would codify the clarifying guidance of the United States Department of Education Office for Civil Rights providing that all forms of student-on-student sexual violence, including rape, sexual assault, sexual battery, and sexual coercion, are sexual harassment subject to the requirements of Title IX and outlining the duties of educational institutions to respond to that harassment. The bill also would make findings and declarations regarding Title IX protections for students and requirements on educational institutions.
Existing state law, known as the Donahoe Higher Education Act, sets forth, among other things, the missions and functions of Californias public and independent 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, by appropriate resolution, act to make a provision applicable.
Existing federal law, known as Title IX, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination under, any education program or activity receiving federal financial assistance. A portion of the Donahoe Higher Education Act known as the Equity in Higher Education Act declares, among other things, that it is the policy of the State of California that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind in the postsecondary educational institutions of the state.
This bill would express the intent of the Legislature to later enact legislation that would codify the protections and requirements enshrined in Title IX in order to ensure every student can pursue an education in a nonhostile, safe, and harmonious environment, and that would codify the clarifying guidance of the United States Department of Education Office for Civil Rights providing that all forms of student-on-student sexual violence, including rape, sexual assault, sexual battery, and sexual coercion, are sexual harassment subject to the requirements of Title IX and outlining the duties of educational institutions to respond to that harassment. The bill also would make findings and declarations regarding Title IX protections for students and requirements on educational institutions.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) The goal of Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) is to provide greater levels of gender equity in schools. The results have been higher enrollment in colleges and universities, increased numbers of graduate degrees in science and mathematics, increased participation in athletics, and ensured fairer treatment in cases of sexual and gender harassment. These benefits not only lead to higher self-esteem and enhanced leadership skills, but also to higher rates of graduation and greater levels of career success. Title IX was approved in 1972, yet noncompliance with its requirements is still problematic.(b) While substantial progress has been made in recent years to ensure equal access to education through the enforcement of Title IX, changes in federal enforcement priorities may undermine the protections students have found essential to pursuing an education in a safe and nondiscriminatory environment. Title IX requires educational institutions to take immediate and effective steps to end discriminatory conduct, including harassment, to prevent its recurrence, and to address its effects.(c) The legal rights and protections enshrined in Title IX and its implementing regulations are an important tool for student victims and survivors in cases of student-on-student sexual harassment. Students have been empowered under the law to pursue and protect their rights to equity in education. The United States Department of Education Office for Civil Rights has made clear in recent years that the protections and requirements of Title IX pertaining to sexual harassment cover forms of sexual violence, including rape, sexual assault, sexual battery, and sexual coercion.SEC. 2. It is the intent of the Legislature to later enact legislation that would codify the protections and requirements enshrined in Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) in order to ensure every student can pursue an education in a nonhostile, safe, and harmonious environment. Furthermore, it is the intent of the Legislature to later enact legislation that would codify the clarifying guidance of the United States Department of Education Office for Civil Rights providing that all forms of student-on-student sexual violence, including rape, sexual assault, sexual battery, and sexual coercion, are sexual harassment subject to the requirements of Title IX and outlining the duties of educational institutions to respond to that harassment.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:(a) The goal of Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) is to provide greater levels of gender equity in schools. The results have been higher enrollment in colleges and universities, increased numbers of graduate degrees in science and mathematics, increased participation in athletics, and ensured fairer treatment in cases of sexual and gender harassment. These benefits not only lead to higher self-esteem and enhanced leadership skills, but also to higher rates of graduation and greater levels of career success. Title IX was approved in 1972, yet noncompliance with its requirements is still problematic.(b) While substantial progress has been made in recent years to ensure equal access to education through the enforcement of Title IX, changes in federal enforcement priorities may undermine the protections students have found essential to pursuing an education in a safe and nondiscriminatory environment. Title IX requires educational institutions to take immediate and effective steps to end discriminatory conduct, including harassment, to prevent its recurrence, and to address its effects.(c) The legal rights and protections enshrined in Title IX and its implementing regulations are an important tool for student victims and survivors in cases of student-on-student sexual harassment. Students have been empowered under the law to pursue and protect their rights to equity in education. The United States Department of Education Office for Civil Rights has made clear in recent years that the protections and requirements of Title IX pertaining to sexual harassment cover forms of sexual violence, including rape, sexual assault, sexual battery, and sexual coercion.
SECTION 1. The Legislature finds and declares all of the following:(a) The goal of Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) is to provide greater levels of gender equity in schools. The results have been higher enrollment in colleges and universities, increased numbers of graduate degrees in science and mathematics, increased participation in athletics, and ensured fairer treatment in cases of sexual and gender harassment. These benefits not only lead to higher self-esteem and enhanced leadership skills, but also to higher rates of graduation and greater levels of career success. Title IX was approved in 1972, yet noncompliance with its requirements is still problematic.(b) While substantial progress has been made in recent years to ensure equal access to education through the enforcement of Title IX, changes in federal enforcement priorities may undermine the protections students have found essential to pursuing an education in a safe and nondiscriminatory environment. Title IX requires educational institutions to take immediate and effective steps to end discriminatory conduct, including harassment, to prevent its recurrence, and to address its effects.(c) The legal rights and protections enshrined in Title IX and its implementing regulations are an important tool for student victims and survivors in cases of student-on-student sexual harassment. Students have been empowered under the law to pursue and protect their rights to equity in education. The United States Department of Education Office for Civil Rights has made clear in recent years that the protections and requirements of Title IX pertaining to sexual harassment cover forms of sexual violence, including rape, sexual assault, sexual battery, and sexual coercion.
SECTION 1. The Legislature finds and declares all of the following:
### SECTION 1.
(a) The goal of Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) is to provide greater levels of gender equity in schools. The results have been higher enrollment in colleges and universities, increased numbers of graduate degrees in science and mathematics, increased participation in athletics, and ensured fairer treatment in cases of sexual and gender harassment. These benefits not only lead to higher self-esteem and enhanced leadership skills, but also to higher rates of graduation and greater levels of career success. Title IX was approved in 1972, yet noncompliance with its requirements is still problematic.
(b) While substantial progress has been made in recent years to ensure equal access to education through the enforcement of Title IX, changes in federal enforcement priorities may undermine the protections students have found essential to pursuing an education in a safe and nondiscriminatory environment. Title IX requires educational institutions to take immediate and effective steps to end discriminatory conduct, including harassment, to prevent its recurrence, and to address its effects.
(c) The legal rights and protections enshrined in Title IX and its implementing regulations are an important tool for student victims and survivors in cases of student-on-student sexual harassment. Students have been empowered under the law to pursue and protect their rights to equity in education. The United States Department of Education Office for Civil Rights has made clear in recent years that the protections and requirements of Title IX pertaining to sexual harassment cover forms of sexual violence, including rape, sexual assault, sexual battery, and sexual coercion.
SEC. 2. It is the intent of the Legislature to later enact legislation that would codify the protections and requirements enshrined in Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) in order to ensure every student can pursue an education in a nonhostile, safe, and harmonious environment. Furthermore, it is the intent of the Legislature to later enact legislation that would codify the clarifying guidance of the United States Department of Education Office for Civil Rights providing that all forms of student-on-student sexual violence, including rape, sexual assault, sexual battery, and sexual coercion, are sexual harassment subject to the requirements of Title IX and outlining the duties of educational institutions to respond to that harassment.
SEC. 2. It is the intent of the Legislature to later enact legislation that would codify the protections and requirements enshrined in Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) in order to ensure every student can pursue an education in a nonhostile, safe, and harmonious environment. Furthermore, it is the intent of the Legislature to later enact legislation that would codify the clarifying guidance of the United States Department of Education Office for Civil Rights providing that all forms of student-on-student sexual violence, including rape, sexual assault, sexual battery, and sexual coercion, are sexual harassment subject to the requirements of Title IX and outlining the duties of educational institutions to respond to that harassment.
SEC. 2. It is the intent of the Legislature to later enact legislation that would codify the protections and requirements enshrined in Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) in order to ensure every student can pursue an education in a nonhostile, safe, and harmonious environment. Furthermore, it is the intent of the Legislature to later enact legislation that would codify the clarifying guidance of the United States Department of Education Office for Civil Rights providing that all forms of student-on-student sexual violence, including rape, sexual assault, sexual battery, and sexual coercion, are sexual harassment subject to the requirements of Title IX and outlining the duties of educational institutions to respond to that harassment.
### SEC. 2.