CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1000Introduced by Assembly Member CervantesFebruary 21, 2019 An act to amend Section 67385 of the Education Code, relating to postsecondary education. LEGISLATIVE COUNSEL'S DIGESTAB 1000, as introduced, 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 review and update the written procedure or protocols each academic year in collaboration with sexual assault counselors and student, faculty, and staff representatives. By imposing additional 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe 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 on or protocols may provide for referrals to local community treatment centers.(b) The written procedures 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 victims 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) Each 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 and updated each academic year in collaboration with sexual assault counselors and student, faculty, and staff representatives.(c)(d) Each segment of higher education shall implement this chapter from existing funds and resources available to it.(d)(e) For the 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.
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1000Introduced by Assembly Member CervantesFebruary 21, 2019 An act to amend Section 67385 of the Education Code, relating to postsecondary education. LEGISLATIVE COUNSEL'S DIGESTAB 1000, as introduced, 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 review and update the written procedure or protocols each academic year in collaboration with sexual assault counselors and student, faculty, and staff representatives. By imposing additional 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill No. 1000
Introduced by Assembly Member CervantesFebruary 21, 2019
Introduced by Assembly Member Cervantes
February 21, 2019
An act to amend Section 67385 of the Education Code, relating to postsecondary education.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1000, as introduced, 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 review and update the written procedure or protocols each academic year in collaboration with sexual assault counselors and student, faculty, and staff representatives. By imposing additional 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.
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 review and update the written procedure or protocols each academic year in collaboration with sexual assault counselors and student, faculty, and staff representatives. By imposing additional 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.
## Digest Key
## Bill Text
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 on or protocols may provide for referrals to local community treatment centers.(b) The written procedures 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 victims 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) Each 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 and updated each academic year in collaboration with sexual assault counselors and student, faculty, and staff representatives.(c)(d) Each segment of higher education shall implement this chapter from existing funds and resources available to it.(d)(e) For the 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.
The people of the State of California do enact as follows:
## 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 on or protocols may provide for referrals to local community treatment centers.(b) The written procedures 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 victims 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) Each 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 and updated each academic year in collaboration with sexual assault counselors and student, faculty, and staff representatives.(c)(d) Each segment of higher education shall implement this chapter from existing funds and resources available to it.(d)(e) For the 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.
SECTION 1. Section 67385 of the Education Code is amended to read:
### SECTION 1.
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 on or protocols may provide for referrals to local community treatment centers.(b) The written procedures 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 victims 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) Each 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 and updated each academic year in collaboration with sexual assault counselors and student, faculty, and staff representatives.(c)(d) Each segment of higher education shall implement this chapter from existing funds and resources available to it.(d)(e) For the 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.
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 on or protocols may provide for referrals to local community treatment centers.(b) The written procedures 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 victims 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) Each 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 and updated each academic year in collaboration with sexual assault counselors and student, faculty, and staff representatives.(c)(d) Each segment of higher education shall implement this chapter from existing funds and resources available to it.(d)(e) For the 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.
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 on or protocols may provide for referrals to local community treatment centers.(b) The written procedures 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 victims 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) Each 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 and updated each academic year in collaboration with sexual assault counselors and student, faculty, and staff representatives.(c)(d) Each segment of higher education shall implement this chapter from existing funds and resources available to it.(d)(e) For the 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.
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 on or protocols may provide for referrals to local community treatment centers.
(b) The written procedures 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 victims 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) Each 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 and updated each academic year in collaboration with sexual assault counselors and student, faculty, and staff representatives.
(c)
(d) Each segment of higher education shall implement this chapter from existing funds and resources available to it.
(d)
(e) For the 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.
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.
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.
### SEC. 2.