California 2019 2019-2020 Regular Session

California Assembly Bill AB543 Introduced / Bill

Filed 02/13/2019

                    CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 543Introduced by Assembly Member Smith(Coauthor: Senator Leyva)February 13, 2019 An act to amend Section 231.5 of the Education Code, relating to education. LEGISLATIVE COUNSEL'S DIGESTAB 543, as introduced, Smith. Education: sexual harassment: written policy: posters.Existing law requires each educational institution in the state to display in a prominent location in the main administrative building or other area of the campus or schoolsite the institutions written policy on sexual harassment.This bill would instead require each educational institution to create a poster that notifies pupils of the institutions written policy on sexual harassment and to prominently and conspicuously display the poster in specified public and private areas on campus. The bill would require the poster to be age-appropriate and culturally relevant, be no smaller than 8.5 by 11 inches and 12-point font, and display certain information pertaining to the policy, including the rules and procedures for reporting charges of sexual harassment.Existing law requires a copy of each educational institutions written policy on sexual harassment, as it pertains to students, to be provided as part of any orientation program conducted for new students at the beginning of each quarter, semester, or summer session.This bill would require a copy of the policy to be provided to continuing pupils under the same conditions.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 231.5 of the Education Code is amended to read:231.5. (a) It is the policy of the State of California, pursuant to Section 200, that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind in the educational institutions of the state. The purpose of this section is to provide notification of the prohibition against sexual harassment as a form of sexual discrimination and to provide notification of available remedies.(b) Each educational institution in the State of California shall have a written policy on sexual harassment. It is the intent of the Legislature that each educational institution in this state include this policy in its regular policy statement rather than distribute an additional written document.(c) The educational institutions written policy on sexual harassment shall include information on where to obtain the specific rules and procedures for reporting charges of sexual harassment and for pursuing available remedies.(d)A copy of the educational institutions written policy on sexual harassment shall be displayed in a prominent location in the main administrative building or other area of the campus or schoolsite. Prominent location means that location, or those locations, in the main administrative building or other area where notices regarding the institutions rules, regulations, procedures, and standards of conduct are posted.(d) (1) Each educational institution in the state shall create a poster that notifies pupils of the educational institutions written policy on sexual harassment.(2) The educational institution may partner with local, state, or federal agencies, or nonprofit organizations for purposes of the design and content of the poster, and to ensure that the language in the poster is age-appropriate and culturally relevant.(3) The poster shall be displayed in English, Spanish, and any other language commonly spoken by pupils at the educational institution.(4) The poster shall be no smaller than 8.5 by 11 inches and 12-point font, and shall display, at a minimum, all of the following:(A) The rules and procedures for reporting charges of sexual harassment.(B) The name, phone number, and email of an appropriate school official to contact to report charges of sexual harassment.(C) The rights of the reporting pupil, the victim, the accused, and the responsibilities of the educational institution in accordance with the policy.(5) The poster shall be prominently and conspicuously displayed in the following places:(A) Each bathroom and locker room on campus.(B) Public areas on campus that are accessible to, and commonly frequented by, pupils, including, but not limited to, classrooms, classroom hallways, gymnasiums, auditoriums, and cafeterias.(e) A copy of the educational institutions written policy on sexual harassment, as it pertains to students, pupils, shall be provided as part of any orientation program conducted for new students and continuing pupils at the beginning of each quarter, semester, or summer session, as applicable.(f) A copy of the educational institutions written policy on sexual harassment shall be provided for each faculty member, all members of the administrative staff, and all members of the support staff at the beginning of the first quarter or semester of the school year, or at the time that there is a new employee hired.(g) A copy of the educational institutions written policy on sexual harassment shall appear in any publication of the institution that sets forth the comprehensive rules, regulations, procedures, and standards of conduct for the institution.

 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 543Introduced by Assembly Member Smith(Coauthor: Senator Leyva)February 13, 2019 An act to amend Section 231.5 of the Education Code, relating to education. LEGISLATIVE COUNSEL'S DIGESTAB 543, as introduced, Smith. Education: sexual harassment: written policy: posters.Existing law requires each educational institution in the state to display in a prominent location in the main administrative building or other area of the campus or schoolsite the institutions written policy on sexual harassment.This bill would instead require each educational institution to create a poster that notifies pupils of the institutions written policy on sexual harassment and to prominently and conspicuously display the poster in specified public and private areas on campus. The bill would require the poster to be age-appropriate and culturally relevant, be no smaller than 8.5 by 11 inches and 12-point font, and display certain information pertaining to the policy, including the rules and procedures for reporting charges of sexual harassment.Existing law requires a copy of each educational institutions written policy on sexual harassment, as it pertains to students, to be provided as part of any orientation program conducted for new students at the beginning of each quarter, semester, or summer session.This bill would require a copy of the policy to be provided to continuing pupils under the same conditions.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 





 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION

Assembly Bill No. 543

Introduced by Assembly Member Smith(Coauthor: Senator Leyva)February 13, 2019

Introduced by Assembly Member Smith(Coauthor: Senator Leyva)
February 13, 2019

 An act to amend Section 231.5 of the Education Code, relating to education. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 543, as introduced, Smith. Education: sexual harassment: written policy: posters.

Existing law requires each educational institution in the state to display in a prominent location in the main administrative building or other area of the campus or schoolsite the institutions written policy on sexual harassment.This bill would instead require each educational institution to create a poster that notifies pupils of the institutions written policy on sexual harassment and to prominently and conspicuously display the poster in specified public and private areas on campus. The bill would require the poster to be age-appropriate and culturally relevant, be no smaller than 8.5 by 11 inches and 12-point font, and display certain information pertaining to the policy, including the rules and procedures for reporting charges of sexual harassment.Existing law requires a copy of each educational institutions written policy on sexual harassment, as it pertains to students, to be provided as part of any orientation program conducted for new students at the beginning of each quarter, semester, or summer session.This bill would require a copy of the policy to be provided to continuing pupils under the same conditions.

Existing law requires each educational institution in the state to display in a prominent location in the main administrative building or other area of the campus or schoolsite the institutions written policy on sexual harassment.

This bill would instead require each educational institution to create a poster that notifies pupils of the institutions written policy on sexual harassment and to prominently and conspicuously display the poster in specified public and private areas on campus. The bill would require the poster to be age-appropriate and culturally relevant, be no smaller than 8.5 by 11 inches and 12-point font, and display certain information pertaining to the policy, including the rules and procedures for reporting charges of sexual harassment.

Existing law requires a copy of each educational institutions written policy on sexual harassment, as it pertains to students, to be provided as part of any orientation program conducted for new students at the beginning of each quarter, semester, or summer session.

This bill would require a copy of the policy to be provided to continuing pupils under the same conditions.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 231.5 of the Education Code is amended to read:231.5. (a) It is the policy of the State of California, pursuant to Section 200, that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind in the educational institutions of the state. The purpose of this section is to provide notification of the prohibition against sexual harassment as a form of sexual discrimination and to provide notification of available remedies.(b) Each educational institution in the State of California shall have a written policy on sexual harassment. It is the intent of the Legislature that each educational institution in this state include this policy in its regular policy statement rather than distribute an additional written document.(c) The educational institutions written policy on sexual harassment shall include information on where to obtain the specific rules and procedures for reporting charges of sexual harassment and for pursuing available remedies.(d)A copy of the educational institutions written policy on sexual harassment shall be displayed in a prominent location in the main administrative building or other area of the campus or schoolsite. Prominent location means that location, or those locations, in the main administrative building or other area where notices regarding the institutions rules, regulations, procedures, and standards of conduct are posted.(d) (1) Each educational institution in the state shall create a poster that notifies pupils of the educational institutions written policy on sexual harassment.(2) The educational institution may partner with local, state, or federal agencies, or nonprofit organizations for purposes of the design and content of the poster, and to ensure that the language in the poster is age-appropriate and culturally relevant.(3) The poster shall be displayed in English, Spanish, and any other language commonly spoken by pupils at the educational institution.(4) The poster shall be no smaller than 8.5 by 11 inches and 12-point font, and shall display, at a minimum, all of the following:(A) The rules and procedures for reporting charges of sexual harassment.(B) The name, phone number, and email of an appropriate school official to contact to report charges of sexual harassment.(C) The rights of the reporting pupil, the victim, the accused, and the responsibilities of the educational institution in accordance with the policy.(5) The poster shall be prominently and conspicuously displayed in the following places:(A) Each bathroom and locker room on campus.(B) Public areas on campus that are accessible to, and commonly frequented by, pupils, including, but not limited to, classrooms, classroom hallways, gymnasiums, auditoriums, and cafeterias.(e) A copy of the educational institutions written policy on sexual harassment, as it pertains to students, pupils, shall be provided as part of any orientation program conducted for new students and continuing pupils at the beginning of each quarter, semester, or summer session, as applicable.(f) A copy of the educational institutions written policy on sexual harassment shall be provided for each faculty member, all members of the administrative staff, and all members of the support staff at the beginning of the first quarter or semester of the school year, or at the time that there is a new employee hired.(g) A copy of the educational institutions written policy on sexual harassment shall appear in any publication of the institution that sets forth the comprehensive rules, regulations, procedures, and standards of conduct for the institution.

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 231.5 of the Education Code is amended to read:231.5. (a) It is the policy of the State of California, pursuant to Section 200, that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind in the educational institutions of the state. The purpose of this section is to provide notification of the prohibition against sexual harassment as a form of sexual discrimination and to provide notification of available remedies.(b) Each educational institution in the State of California shall have a written policy on sexual harassment. It is the intent of the Legislature that each educational institution in this state include this policy in its regular policy statement rather than distribute an additional written document.(c) The educational institutions written policy on sexual harassment shall include information on where to obtain the specific rules and procedures for reporting charges of sexual harassment and for pursuing available remedies.(d)A copy of the educational institutions written policy on sexual harassment shall be displayed in a prominent location in the main administrative building or other area of the campus or schoolsite. Prominent location means that location, or those locations, in the main administrative building or other area where notices regarding the institutions rules, regulations, procedures, and standards of conduct are posted.(d) (1) Each educational institution in the state shall create a poster that notifies pupils of the educational institutions written policy on sexual harassment.(2) The educational institution may partner with local, state, or federal agencies, or nonprofit organizations for purposes of the design and content of the poster, and to ensure that the language in the poster is age-appropriate and culturally relevant.(3) The poster shall be displayed in English, Spanish, and any other language commonly spoken by pupils at the educational institution.(4) The poster shall be no smaller than 8.5 by 11 inches and 12-point font, and shall display, at a minimum, all of the following:(A) The rules and procedures for reporting charges of sexual harassment.(B) The name, phone number, and email of an appropriate school official to contact to report charges of sexual harassment.(C) The rights of the reporting pupil, the victim, the accused, and the responsibilities of the educational institution in accordance with the policy.(5) The poster shall be prominently and conspicuously displayed in the following places:(A) Each bathroom and locker room on campus.(B) Public areas on campus that are accessible to, and commonly frequented by, pupils, including, but not limited to, classrooms, classroom hallways, gymnasiums, auditoriums, and cafeterias.(e) A copy of the educational institutions written policy on sexual harassment, as it pertains to students, pupils, shall be provided as part of any orientation program conducted for new students and continuing pupils at the beginning of each quarter, semester, or summer session, as applicable.(f) A copy of the educational institutions written policy on sexual harassment shall be provided for each faculty member, all members of the administrative staff, and all members of the support staff at the beginning of the first quarter or semester of the school year, or at the time that there is a new employee hired.(g) A copy of the educational institutions written policy on sexual harassment shall appear in any publication of the institution that sets forth the comprehensive rules, regulations, procedures, and standards of conduct for the institution.

SECTION 1. Section 231.5 of the Education Code is amended to read:

### SECTION 1.

231.5. (a) It is the policy of the State of California, pursuant to Section 200, that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind in the educational institutions of the state. The purpose of this section is to provide notification of the prohibition against sexual harassment as a form of sexual discrimination and to provide notification of available remedies.(b) Each educational institution in the State of California shall have a written policy on sexual harassment. It is the intent of the Legislature that each educational institution in this state include this policy in its regular policy statement rather than distribute an additional written document.(c) The educational institutions written policy on sexual harassment shall include information on where to obtain the specific rules and procedures for reporting charges of sexual harassment and for pursuing available remedies.(d)A copy of the educational institutions written policy on sexual harassment shall be displayed in a prominent location in the main administrative building or other area of the campus or schoolsite. Prominent location means that location, or those locations, in the main administrative building or other area where notices regarding the institutions rules, regulations, procedures, and standards of conduct are posted.(d) (1) Each educational institution in the state shall create a poster that notifies pupils of the educational institutions written policy on sexual harassment.(2) The educational institution may partner with local, state, or federal agencies, or nonprofit organizations for purposes of the design and content of the poster, and to ensure that the language in the poster is age-appropriate and culturally relevant.(3) The poster shall be displayed in English, Spanish, and any other language commonly spoken by pupils at the educational institution.(4) The poster shall be no smaller than 8.5 by 11 inches and 12-point font, and shall display, at a minimum, all of the following:(A) The rules and procedures for reporting charges of sexual harassment.(B) The name, phone number, and email of an appropriate school official to contact to report charges of sexual harassment.(C) The rights of the reporting pupil, the victim, the accused, and the responsibilities of the educational institution in accordance with the policy.(5) The poster shall be prominently and conspicuously displayed in the following places:(A) Each bathroom and locker room on campus.(B) Public areas on campus that are accessible to, and commonly frequented by, pupils, including, but not limited to, classrooms, classroom hallways, gymnasiums, auditoriums, and cafeterias.(e) A copy of the educational institutions written policy on sexual harassment, as it pertains to students, pupils, shall be provided as part of any orientation program conducted for new students and continuing pupils at the beginning of each quarter, semester, or summer session, as applicable.(f) A copy of the educational institutions written policy on sexual harassment shall be provided for each faculty member, all members of the administrative staff, and all members of the support staff at the beginning of the first quarter or semester of the school year, or at the time that there is a new employee hired.(g) A copy of the educational institutions written policy on sexual harassment shall appear in any publication of the institution that sets forth the comprehensive rules, regulations, procedures, and standards of conduct for the institution.

231.5. (a) It is the policy of the State of California, pursuant to Section 200, that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind in the educational institutions of the state. The purpose of this section is to provide notification of the prohibition against sexual harassment as a form of sexual discrimination and to provide notification of available remedies.(b) Each educational institution in the State of California shall have a written policy on sexual harassment. It is the intent of the Legislature that each educational institution in this state include this policy in its regular policy statement rather than distribute an additional written document.(c) The educational institutions written policy on sexual harassment shall include information on where to obtain the specific rules and procedures for reporting charges of sexual harassment and for pursuing available remedies.(d)A copy of the educational institutions written policy on sexual harassment shall be displayed in a prominent location in the main administrative building or other area of the campus or schoolsite. Prominent location means that location, or those locations, in the main administrative building or other area where notices regarding the institutions rules, regulations, procedures, and standards of conduct are posted.(d) (1) Each educational institution in the state shall create a poster that notifies pupils of the educational institutions written policy on sexual harassment.(2) The educational institution may partner with local, state, or federal agencies, or nonprofit organizations for purposes of the design and content of the poster, and to ensure that the language in the poster is age-appropriate and culturally relevant.(3) The poster shall be displayed in English, Spanish, and any other language commonly spoken by pupils at the educational institution.(4) The poster shall be no smaller than 8.5 by 11 inches and 12-point font, and shall display, at a minimum, all of the following:(A) The rules and procedures for reporting charges of sexual harassment.(B) The name, phone number, and email of an appropriate school official to contact to report charges of sexual harassment.(C) The rights of the reporting pupil, the victim, the accused, and the responsibilities of the educational institution in accordance with the policy.(5) The poster shall be prominently and conspicuously displayed in the following places:(A) Each bathroom and locker room on campus.(B) Public areas on campus that are accessible to, and commonly frequented by, pupils, including, but not limited to, classrooms, classroom hallways, gymnasiums, auditoriums, and cafeterias.(e) A copy of the educational institutions written policy on sexual harassment, as it pertains to students, pupils, shall be provided as part of any orientation program conducted for new students and continuing pupils at the beginning of each quarter, semester, or summer session, as applicable.(f) A copy of the educational institutions written policy on sexual harassment shall be provided for each faculty member, all members of the administrative staff, and all members of the support staff at the beginning of the first quarter or semester of the school year, or at the time that there is a new employee hired.(g) A copy of the educational institutions written policy on sexual harassment shall appear in any publication of the institution that sets forth the comprehensive rules, regulations, procedures, and standards of conduct for the institution.

231.5. (a) It is the policy of the State of California, pursuant to Section 200, that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind in the educational institutions of the state. The purpose of this section is to provide notification of the prohibition against sexual harassment as a form of sexual discrimination and to provide notification of available remedies.(b) Each educational institution in the State of California shall have a written policy on sexual harassment. It is the intent of the Legislature that each educational institution in this state include this policy in its regular policy statement rather than distribute an additional written document.(c) The educational institutions written policy on sexual harassment shall include information on where to obtain the specific rules and procedures for reporting charges of sexual harassment and for pursuing available remedies.(d)A copy of the educational institutions written policy on sexual harassment shall be displayed in a prominent location in the main administrative building or other area of the campus or schoolsite. Prominent location means that location, or those locations, in the main administrative building or other area where notices regarding the institutions rules, regulations, procedures, and standards of conduct are posted.(d) (1) Each educational institution in the state shall create a poster that notifies pupils of the educational institutions written policy on sexual harassment.(2) The educational institution may partner with local, state, or federal agencies, or nonprofit organizations for purposes of the design and content of the poster, and to ensure that the language in the poster is age-appropriate and culturally relevant.(3) The poster shall be displayed in English, Spanish, and any other language commonly spoken by pupils at the educational institution.(4) The poster shall be no smaller than 8.5 by 11 inches and 12-point font, and shall display, at a minimum, all of the following:(A) The rules and procedures for reporting charges of sexual harassment.(B) The name, phone number, and email of an appropriate school official to contact to report charges of sexual harassment.(C) The rights of the reporting pupil, the victim, the accused, and the responsibilities of the educational institution in accordance with the policy.(5) The poster shall be prominently and conspicuously displayed in the following places:(A) Each bathroom and locker room on campus.(B) Public areas on campus that are accessible to, and commonly frequented by, pupils, including, but not limited to, classrooms, classroom hallways, gymnasiums, auditoriums, and cafeterias.(e) A copy of the educational institutions written policy on sexual harassment, as it pertains to students, pupils, shall be provided as part of any orientation program conducted for new students and continuing pupils at the beginning of each quarter, semester, or summer session, as applicable.(f) A copy of the educational institutions written policy on sexual harassment shall be provided for each faculty member, all members of the administrative staff, and all members of the support staff at the beginning of the first quarter or semester of the school year, or at the time that there is a new employee hired.(g) A copy of the educational institutions written policy on sexual harassment shall appear in any publication of the institution that sets forth the comprehensive rules, regulations, procedures, and standards of conduct for the institution.



231.5. (a) It is the policy of the State of California, pursuant to Section 200, that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind in the educational institutions of the state. The purpose of this section is to provide notification of the prohibition against sexual harassment as a form of sexual discrimination and to provide notification of available remedies.

(b) Each educational institution in the State of California shall have a written policy on sexual harassment. It is the intent of the Legislature that each educational institution in this state include this policy in its regular policy statement rather than distribute an additional written document.

(c) The educational institutions written policy on sexual harassment shall include information on where to obtain the specific rules and procedures for reporting charges of sexual harassment and for pursuing available remedies.

(d)A copy of the educational institutions written policy on sexual harassment shall be displayed in a prominent location in the main administrative building or other area of the campus or schoolsite. Prominent location means that location, or those locations, in the main administrative building or other area where notices regarding the institutions rules, regulations, procedures, and standards of conduct are posted.



(d) (1) Each educational institution in the state shall create a poster that notifies pupils of the educational institutions written policy on sexual harassment.

(2) The educational institution may partner with local, state, or federal agencies, or nonprofit organizations for purposes of the design and content of the poster, and to ensure that the language in the poster is age-appropriate and culturally relevant.

(3) The poster shall be displayed in English, Spanish, and any other language commonly spoken by pupils at the educational institution.

(4) The poster shall be no smaller than 8.5 by 11 inches and 12-point font, and shall display, at a minimum, all of the following:

(A) The rules and procedures for reporting charges of sexual harassment.

(B) The name, phone number, and email of an appropriate school official to contact to report charges of sexual harassment.

(C) The rights of the reporting pupil, the victim, the accused, and the responsibilities of the educational institution in accordance with the policy.

(5) The poster shall be prominently and conspicuously displayed in the following places:

(A) Each bathroom and locker room on campus.

(B) Public areas on campus that are accessible to, and commonly frequented by, pupils, including, but not limited to, classrooms, classroom hallways, gymnasiums, auditoriums, and cafeterias.

(e) A copy of the educational institutions written policy on sexual harassment, as it pertains to students, pupils, shall be provided as part of any orientation program conducted for new students and continuing pupils at the beginning of each quarter, semester, or summer session, as applicable.

(f) A copy of the educational institutions written policy on sexual harassment shall be provided for each faculty member, all members of the administrative staff, and all members of the support staff at the beginning of the first quarter or semester of the school year, or at the time that there is a new employee hired.

(g) A copy of the educational institutions written policy on sexual harassment shall appear in any publication of the institution that sets forth the comprehensive rules, regulations, procedures, and standards of conduct for the institution.