Amended IN Assembly March 09, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1138Introduced by Assembly Member WeberFebruary 15, 2023An act to amend Section 89032 of the Education Code, relating to public postsecondary education. An act to amend Section 67386 of the Education Code, relating to postsecondary education.LEGISLATIVE COUNSEL'S DIGESTAB 1138, as amended, Weber. California State University: graduation requirements: ethnic studies. Postsecondary education: sexual assault and sexual violence prevention: transportation services.Existing law requires the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions, in order to receive state funds for student financial assistance, to enter into memoranda of understanding, agreements, or collaborative partnerships with existing on-campus and community-based organizations, to the extent feasible, to refer students for assistance or make services available to students, including counseling, health, mental health, victim advocacy, and legal assistance, and including resources for the accused.As a condition of receiving state funds for student financial assistance, this bill would require these governing entities to provide to students free of charge and, to the extent possible, in a manner that protects student anonymity, transportation to and from a rape crisis center to administer the Sexual Assault Forensic Examination (SAFE) Kit. The bill would authorize these governing entities to fund transportation services for a medical examiner to travel to the campus to administer the SAFE Kit on campus for the student. The bill would authorize a student to select the transportation service of the students choice, which may include transportation by a campus health center staff member. The bill would require, as a condition of receiving state financial assistance funds, the governing entities to convene a statewide stakeholder workgroup, as provided, to report to the Legislature on the effectiveness and costs of the transportation services provided to access the SAFE Kit for students and recommendations on how to improve SAFE Kit accessibility.To the extent that this provision would create new duties for community college districts, it would constitute 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 establishes the California State University and its various campuses under the administration of the Board of Trustees of the California State University, as one of the segments of public postsecondary education in the state. Existing law, commencing with the 202122 academic year, requires the California State University to provide for courses in ethnic studies at each of its campuses, and commencing with students graduating in the 202425 academic year, requires the California State University to require, as an undergraduate graduation requirement, the completion of, at minimum, one 3-unit course in ethnic studies, as specified.This bill would make a nonsubstantive change to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 67386 of the Education Code is amended to read:67386. (a) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall adopt a policy concerning sexual assault, domestic violence, dating violence, and stalking, as defined in the federal Higher Education Act of 1965 (20 U.S.C. Sec. 1092(f)), involving a student, both on and off campus. The policy shall include all of the following:(1) An affirmative consent standard in the determination of whether consent was given by both parties to sexual activity. Affirmative consent means affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that the person has the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.(2) A policy that, in the evaluation of complaints in any disciplinary process, it shall not be a valid excuse to alleged lack of affirmative consent that the accused believed that the complainant consented to the sexual activity under either of the following circumstances:(A) The accuseds belief in affirmative consent arose from the intoxication or recklessness of the accused.(B) The accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain whether the complainant affirmatively consented.(3) A policy that the standard used in determining whether the elements of the complaint against the accused have been demonstrated is the preponderance of the evidence.(4) A policy that, in the evaluation of complaints in the disciplinary process, it shall not be a valid excuse that the accused believed that the complainant affirmatively consented to the sexual activity if the accused knew or reasonably should have known that the complainant was unable to consent to the sexual activity under any of the following circumstances:(A) The complainant was asleep or unconscious.(B) The complainant was incapacitated due to the influence of drugs, alcohol, or medication, so that the complainant could not understand the fact, nature, or extent of the sexual activity.(C) The complainant was unable to communicate due to a mental or physical condition.(b) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall adopt detailed and victim-centered policies and protocols regarding sexual assault, domestic violence, dating violence, and stalking involving a student that comport with best practices and current professional standards. At a minimum, the policies and protocols shall cover all of the following:(1) A policy statement on how the institution will provide appropriate protections for the privacy of individuals involved, including confidentiality.(2) Initial response by the institutions personnel to a report of an incident, including requirements specific to assisting the victim, providing information in writing about the importance of preserving evidence, and the identification and location of witnesses.(3) Response to stranger and nonstranger sexual assault.(4) The preliminary victim interview, including the development of a victim interview protocol, and a comprehensive followup victim interview, as appropriate.(5) Contacting and interviewing the accused.(6) Seeking the identification and location of witnesses.(7) Providing written notification to the victim about the availability of, and contact information for, on- and off-campus resources and services, and coordination with law enforcement, as appropriate.(8) Participation of victim advocates and other supporting people.(9) Investigating allegations that alcohol or drugs were involved in the incident.(10) Providing that an individual who participates as a complainant or witness in an investigation of sexual assault, domestic violence, dating violence, or stalking will not be subject to disciplinary sanctions for a violation of the institutions student conduct policy at or near the time of the incident, unless the institution determines that the violation was egregious, including, but not limited to, an action that places the health or safety of any other person at risk or involves plagiarism, cheating, or academic dishonesty.(11) The role of the institutional staff supervision.(12) A comprehensive, trauma-informed training program for campus officials involved in investigating and adjudicating sexual assault, domestic violence, dating violence, and stalking cases.(13) Procedures for confidential reporting by victims and third parties.(c) (1) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall, to the extent feasible, enter into memoranda of understanding, agreements, or collaborative partnerships with existing on-campus and community-based organizations, including rape crisis centers and domestic violence centers, to refer students for assistance or make services available to students, including counseling, health, mental health, victim advocacy, and legal assistance, and including resources for the accused.(2) (A) (i) In order to receive state funds for student financial assistance, if the SAFE Kit is not administered on campus pursuant to agreements entered into pursuant to paragraph (1), the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall provide to students free of charge, and, to the extent possible, in a manner that protects student anonymity, transportation to and from a rape crisis center for a medical examiner to administer the SAFE Kit at the center. Transportation services may include a campus health center staff member transporting the student to and from a rape crisis center for a medical examiner to administer the SAFE Kit at the center.(ii) Notwithstanding clause (i), the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions may fund transportation services for a medical examiner to travel to the campus to administer the SAFE Kit on campus for the student.(iii) The student may select the transportation service provided pursuant to this subparagraph of the students choice.(B) (i) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall create a statewide stakeholder workgroup comprised of seven members as follows:(I) One Title IX coordinator appointed by the Chancellor of the California Community Colleges.(II) One Title IX coordinator appointed by the Chancellor of the California State University.(III) One Title IX coordinator appointed by the President of the University of California.(IV) One Title IX coordinator appointed by the President of the Association of Independent California Colleges and Universities.(V) One student with experience in sexual violence and sexual assault prevention advocacy or with personal identification or belonging in this network who is enrolled at a California Community College and appointed by the Chancellor of the California Community Colleges.(VI) One student with experience in sexual violence and sexual assault prevention advocacy or with personal identification or belonging in this network who is enrolled at the California State University and appointed by the Chancellor of the California State University.(VII) One student with experience in sexual violence and sexual assault prevention advocacy or with personal identification or belonging in this network who is enrolled at the University of California and appointed by the President of the University of California.(ii) Within nine months of its first meeting, the statewide stakeholder workgroup shall report to the Legislature, pursuant to Section 9795 of the Government Code, on the effectiveness and costs of the transportation services provided pursuant to this subdivision in accessing the SAFE Kit for students and recommendations on how to improve accessibility to the SAFE Kit for students.(C) For purposes of this subdivision, SAFE Kit means the Sexual Assault Forensic Examination Kit.(d) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall implement comprehensive prevention and outreach programs addressing sexual violence, domestic violence, dating violence, and stalking. A comprehensive prevention program shall include a range of prevention strategies, including, but not limited to, empowerment programming for victim prevention, awareness raising campaigns, primary prevention, bystander intervention, and risk reduction. Outreach programs shall be provided to make students aware of the institutions policy on sexual assault, domestic violence, dating violence, and stalking. At a minimum, an outreach program shall include a process for contacting and informing the student body, campus organizations, athletic programs, and student groups about the institutions overall sexual assault policy, the practical implications of an affirmative consent standard, and the rights and responsibilities of students under the policy.(e) Outreach programming shall be included as part of every incoming students orientation.(1) For purposes of this section, outreach programming includes, but is not necessarily limited to, informing students about all of the following:(A) The warning signs of intimate partner and dating violence.(B) Campus policies and resources relating to intimate partner and dating violence.(C) Off-campus resources and centers relating to intimate partner and dating violence.(D) A focus on prevention and bystander intervention training as it relates to intimate partner and dating violence.(2) For purposes of this subdivision, informing students about intimate partner and dating violence includes, but is not necessarily limited to, providing information about violence that occurs between individuals with a current or previous intimate or dating relationship.(3) For purposes of this subdivision, incoming students includes, but is not necessarily limited to, graduate, transfer, and international students, with a special consideration of their different needs, interactions, and engagements with their campuses.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.SECTION 1.Section 89032 of the Education Code is amended to read:89032.(a)It is the intent of the Legislature that students of the California State University acquire the knowledge and skills that will help them comprehend the diversity and social justice history of the United States and of the society in which they live to enable them to contribute to that society as responsible and constructive citizens.(b)Commencing with the 202122 academic year, the California State University shall provide for courses in ethnic studies at each of its campuses.(c)The California State University shall collaborate with the California State University Council on Ethnic Studies and the Academic Senate of the California State University to develop core competencies to be achieved by students who complete an ethnic studies course pursuant to the implementation of this section. The council and the academic senate shall approve the core competencies before commencement of the 202122 academic year.(d)Commencing with students graduating in the 202425 academic year, the California State University shall require, as an undergraduate graduation requirement, the completion of, at minimum, one three-unit course in ethnic studies. The university shall not increase the number of units required to graduate from the university with a baccalaureate degree by the enforcement of this requirement. This graduation requirement shall not apply to a postbaccalaureate student who is enrolled in a baccalaureate degree program at the university if the student has satisfied either of the following:(1)The student has earned a baccalaureate degree from an institution accredited by a regional accrediting agency.(2)The student has completed an ethnic studies course at a postsecondary educational institution accredited by a regional accrediting agency.
Amended IN Assembly March 09, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1138Introduced by Assembly Member WeberFebruary 15, 2023An act to amend Section 89032 of the Education Code, relating to public postsecondary education. An act to amend Section 67386 of the Education Code, relating to postsecondary education.LEGISLATIVE COUNSEL'S DIGESTAB 1138, as amended, Weber. California State University: graduation requirements: ethnic studies. Postsecondary education: sexual assault and sexual violence prevention: transportation services.Existing law requires the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions, in order to receive state funds for student financial assistance, to enter into memoranda of understanding, agreements, or collaborative partnerships with existing on-campus and community-based organizations, to the extent feasible, to refer students for assistance or make services available to students, including counseling, health, mental health, victim advocacy, and legal assistance, and including resources for the accused.As a condition of receiving state funds for student financial assistance, this bill would require these governing entities to provide to students free of charge and, to the extent possible, in a manner that protects student anonymity, transportation to and from a rape crisis center to administer the Sexual Assault Forensic Examination (SAFE) Kit. The bill would authorize these governing entities to fund transportation services for a medical examiner to travel to the campus to administer the SAFE Kit on campus for the student. The bill would authorize a student to select the transportation service of the students choice, which may include transportation by a campus health center staff member. The bill would require, as a condition of receiving state financial assistance funds, the governing entities to convene a statewide stakeholder workgroup, as provided, to report to the Legislature on the effectiveness and costs of the transportation services provided to access the SAFE Kit for students and recommendations on how to improve SAFE Kit accessibility.To the extent that this provision would create new duties for community college districts, it would constitute 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 establishes the California State University and its various campuses under the administration of the Board of Trustees of the California State University, as one of the segments of public postsecondary education in the state. Existing law, commencing with the 202122 academic year, requires the California State University to provide for courses in ethnic studies at each of its campuses, and commencing with students graduating in the 202425 academic year, requires the California State University to require, as an undergraduate graduation requirement, the completion of, at minimum, one 3-unit course in ethnic studies, as specified.This bill would make a nonsubstantive change to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES
Amended IN Assembly March 09, 2023
Amended IN Assembly March 09, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 1138
Introduced by Assembly Member WeberFebruary 15, 2023
Introduced by Assembly Member Weber
February 15, 2023
An act to amend Section 89032 of the Education Code, relating to public postsecondary education. An act to amend Section 67386 of the Education Code, relating to postsecondary education.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1138, as amended, Weber. California State University: graduation requirements: ethnic studies. Postsecondary education: sexual assault and sexual violence prevention: transportation services.
Existing law requires the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions, in order to receive state funds for student financial assistance, to enter into memoranda of understanding, agreements, or collaborative partnerships with existing on-campus and community-based organizations, to the extent feasible, to refer students for assistance or make services available to students, including counseling, health, mental health, victim advocacy, and legal assistance, and including resources for the accused.As a condition of receiving state funds for student financial assistance, this bill would require these governing entities to provide to students free of charge and, to the extent possible, in a manner that protects student anonymity, transportation to and from a rape crisis center to administer the Sexual Assault Forensic Examination (SAFE) Kit. The bill would authorize these governing entities to fund transportation services for a medical examiner to travel to the campus to administer the SAFE Kit on campus for the student. The bill would authorize a student to select the transportation service of the students choice, which may include transportation by a campus health center staff member. The bill would require, as a condition of receiving state financial assistance funds, the governing entities to convene a statewide stakeholder workgroup, as provided, to report to the Legislature on the effectiveness and costs of the transportation services provided to access the SAFE Kit for students and recommendations on how to improve SAFE Kit accessibility.To the extent that this provision would create new duties for community college districts, it would constitute 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 establishes the California State University and its various campuses under the administration of the Board of Trustees of the California State University, as one of the segments of public postsecondary education in the state. Existing law, commencing with the 202122 academic year, requires the California State University to provide for courses in ethnic studies at each of its campuses, and commencing with students graduating in the 202425 academic year, requires the California State University to require, as an undergraduate graduation requirement, the completion of, at minimum, one 3-unit course in ethnic studies, as specified.This bill would make a nonsubstantive change to that provision.
Existing law requires the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions, in order to receive state funds for student financial assistance, to enter into memoranda of understanding, agreements, or collaborative partnerships with existing on-campus and community-based organizations, to the extent feasible, to refer students for assistance or make services available to students, including counseling, health, mental health, victim advocacy, and legal assistance, and including resources for the accused.
As a condition of receiving state funds for student financial assistance, this bill would require these governing entities to provide to students free of charge and, to the extent possible, in a manner that protects student anonymity, transportation to and from a rape crisis center to administer the Sexual Assault Forensic Examination (SAFE) Kit. The bill would authorize these governing entities to fund transportation services for a medical examiner to travel to the campus to administer the SAFE Kit on campus for the student. The bill would authorize a student to select the transportation service of the students choice, which may include transportation by a campus health center staff member. The bill would require, as a condition of receiving state financial assistance funds, the governing entities to convene a statewide stakeholder workgroup, as provided, to report to the Legislature on the effectiveness and costs of the transportation services provided to access the SAFE Kit for students and recommendations on how to improve SAFE Kit accessibility.
To the extent that this provision would create new duties for community college districts, it would constitute 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 establishes the California State University and its various campuses under the administration of the Board of Trustees of the California State University, as one of the segments of public postsecondary education in the state. Existing law, commencing with the 202122 academic year, requires the California State University to provide for courses in ethnic studies at each of its campuses, and commencing with students graduating in the 202425 academic year, requires the California State University to require, as an undergraduate graduation requirement, the completion of, at minimum, one 3-unit course in ethnic studies, as specified.
This bill would make a nonsubstantive change to that provision.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 67386 of the Education Code is amended to read:67386. (a) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall adopt a policy concerning sexual assault, domestic violence, dating violence, and stalking, as defined in the federal Higher Education Act of 1965 (20 U.S.C. Sec. 1092(f)), involving a student, both on and off campus. The policy shall include all of the following:(1) An affirmative consent standard in the determination of whether consent was given by both parties to sexual activity. Affirmative consent means affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that the person has the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.(2) A policy that, in the evaluation of complaints in any disciplinary process, it shall not be a valid excuse to alleged lack of affirmative consent that the accused believed that the complainant consented to the sexual activity under either of the following circumstances:(A) The accuseds belief in affirmative consent arose from the intoxication or recklessness of the accused.(B) The accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain whether the complainant affirmatively consented.(3) A policy that the standard used in determining whether the elements of the complaint against the accused have been demonstrated is the preponderance of the evidence.(4) A policy that, in the evaluation of complaints in the disciplinary process, it shall not be a valid excuse that the accused believed that the complainant affirmatively consented to the sexual activity if the accused knew or reasonably should have known that the complainant was unable to consent to the sexual activity under any of the following circumstances:(A) The complainant was asleep or unconscious.(B) The complainant was incapacitated due to the influence of drugs, alcohol, or medication, so that the complainant could not understand the fact, nature, or extent of the sexual activity.(C) The complainant was unable to communicate due to a mental or physical condition.(b) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall adopt detailed and victim-centered policies and protocols regarding sexual assault, domestic violence, dating violence, and stalking involving a student that comport with best practices and current professional standards. At a minimum, the policies and protocols shall cover all of the following:(1) A policy statement on how the institution will provide appropriate protections for the privacy of individuals involved, including confidentiality.(2) Initial response by the institutions personnel to a report of an incident, including requirements specific to assisting the victim, providing information in writing about the importance of preserving evidence, and the identification and location of witnesses.(3) Response to stranger and nonstranger sexual assault.(4) The preliminary victim interview, including the development of a victim interview protocol, and a comprehensive followup victim interview, as appropriate.(5) Contacting and interviewing the accused.(6) Seeking the identification and location of witnesses.(7) Providing written notification to the victim about the availability of, and contact information for, on- and off-campus resources and services, and coordination with law enforcement, as appropriate.(8) Participation of victim advocates and other supporting people.(9) Investigating allegations that alcohol or drugs were involved in the incident.(10) Providing that an individual who participates as a complainant or witness in an investigation of sexual assault, domestic violence, dating violence, or stalking will not be subject to disciplinary sanctions for a violation of the institutions student conduct policy at or near the time of the incident, unless the institution determines that the violation was egregious, including, but not limited to, an action that places the health or safety of any other person at risk or involves plagiarism, cheating, or academic dishonesty.(11) The role of the institutional staff supervision.(12) A comprehensive, trauma-informed training program for campus officials involved in investigating and adjudicating sexual assault, domestic violence, dating violence, and stalking cases.(13) Procedures for confidential reporting by victims and third parties.(c) (1) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall, to the extent feasible, enter into memoranda of understanding, agreements, or collaborative partnerships with existing on-campus and community-based organizations, including rape crisis centers and domestic violence centers, to refer students for assistance or make services available to students, including counseling, health, mental health, victim advocacy, and legal assistance, and including resources for the accused.(2) (A) (i) In order to receive state funds for student financial assistance, if the SAFE Kit is not administered on campus pursuant to agreements entered into pursuant to paragraph (1), the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall provide to students free of charge, and, to the extent possible, in a manner that protects student anonymity, transportation to and from a rape crisis center for a medical examiner to administer the SAFE Kit at the center. Transportation services may include a campus health center staff member transporting the student to and from a rape crisis center for a medical examiner to administer the SAFE Kit at the center.(ii) Notwithstanding clause (i), the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions may fund transportation services for a medical examiner to travel to the campus to administer the SAFE Kit on campus for the student.(iii) The student may select the transportation service provided pursuant to this subparagraph of the students choice.(B) (i) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall create a statewide stakeholder workgroup comprised of seven members as follows:(I) One Title IX coordinator appointed by the Chancellor of the California Community Colleges.(II) One Title IX coordinator appointed by the Chancellor of the California State University.(III) One Title IX coordinator appointed by the President of the University of California.(IV) One Title IX coordinator appointed by the President of the Association of Independent California Colleges and Universities.(V) One student with experience in sexual violence and sexual assault prevention advocacy or with personal identification or belonging in this network who is enrolled at a California Community College and appointed by the Chancellor of the California Community Colleges.(VI) One student with experience in sexual violence and sexual assault prevention advocacy or with personal identification or belonging in this network who is enrolled at the California State University and appointed by the Chancellor of the California State University.(VII) One student with experience in sexual violence and sexual assault prevention advocacy or with personal identification or belonging in this network who is enrolled at the University of California and appointed by the President of the University of California.(ii) Within nine months of its first meeting, the statewide stakeholder workgroup shall report to the Legislature, pursuant to Section 9795 of the Government Code, on the effectiveness and costs of the transportation services provided pursuant to this subdivision in accessing the SAFE Kit for students and recommendations on how to improve accessibility to the SAFE Kit for students.(C) For purposes of this subdivision, SAFE Kit means the Sexual Assault Forensic Examination Kit.(d) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall implement comprehensive prevention and outreach programs addressing sexual violence, domestic violence, dating violence, and stalking. A comprehensive prevention program shall include a range of prevention strategies, including, but not limited to, empowerment programming for victim prevention, awareness raising campaigns, primary prevention, bystander intervention, and risk reduction. Outreach programs shall be provided to make students aware of the institutions policy on sexual assault, domestic violence, dating violence, and stalking. At a minimum, an outreach program shall include a process for contacting and informing the student body, campus organizations, athletic programs, and student groups about the institutions overall sexual assault policy, the practical implications of an affirmative consent standard, and the rights and responsibilities of students under the policy.(e) Outreach programming shall be included as part of every incoming students orientation.(1) For purposes of this section, outreach programming includes, but is not necessarily limited to, informing students about all of the following:(A) The warning signs of intimate partner and dating violence.(B) Campus policies and resources relating to intimate partner and dating violence.(C) Off-campus resources and centers relating to intimate partner and dating violence.(D) A focus on prevention and bystander intervention training as it relates to intimate partner and dating violence.(2) For purposes of this subdivision, informing students about intimate partner and dating violence includes, but is not necessarily limited to, providing information about violence that occurs between individuals with a current or previous intimate or dating relationship.(3) For purposes of this subdivision, incoming students includes, but is not necessarily limited to, graduate, transfer, and international students, with a special consideration of their different needs, interactions, and engagements with their campuses.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.SECTION 1.Section 89032 of the Education Code is amended to read:89032.(a)It is the intent of the Legislature that students of the California State University acquire the knowledge and skills that will help them comprehend the diversity and social justice history of the United States and of the society in which they live to enable them to contribute to that society as responsible and constructive citizens.(b)Commencing with the 202122 academic year, the California State University shall provide for courses in ethnic studies at each of its campuses.(c)The California State University shall collaborate with the California State University Council on Ethnic Studies and the Academic Senate of the California State University to develop core competencies to be achieved by students who complete an ethnic studies course pursuant to the implementation of this section. The council and the academic senate shall approve the core competencies before commencement of the 202122 academic year.(d)Commencing with students graduating in the 202425 academic year, the California State University shall require, as an undergraduate graduation requirement, the completion of, at minimum, one three-unit course in ethnic studies. The university shall not increase the number of units required to graduate from the university with a baccalaureate degree by the enforcement of this requirement. This graduation requirement shall not apply to a postbaccalaureate student who is enrolled in a baccalaureate degree program at the university if the student has satisfied either of the following:(1)The student has earned a baccalaureate degree from an institution accredited by a regional accrediting agency.(2)The student has completed an ethnic studies course at a postsecondary educational institution accredited by a regional accrediting agency.
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 67386 of the Education Code is amended to read:67386. (a) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall adopt a policy concerning sexual assault, domestic violence, dating violence, and stalking, as defined in the federal Higher Education Act of 1965 (20 U.S.C. Sec. 1092(f)), involving a student, both on and off campus. The policy shall include all of the following:(1) An affirmative consent standard in the determination of whether consent was given by both parties to sexual activity. Affirmative consent means affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that the person has the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.(2) A policy that, in the evaluation of complaints in any disciplinary process, it shall not be a valid excuse to alleged lack of affirmative consent that the accused believed that the complainant consented to the sexual activity under either of the following circumstances:(A) The accuseds belief in affirmative consent arose from the intoxication or recklessness of the accused.(B) The accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain whether the complainant affirmatively consented.(3) A policy that the standard used in determining whether the elements of the complaint against the accused have been demonstrated is the preponderance of the evidence.(4) A policy that, in the evaluation of complaints in the disciplinary process, it shall not be a valid excuse that the accused believed that the complainant affirmatively consented to the sexual activity if the accused knew or reasonably should have known that the complainant was unable to consent to the sexual activity under any of the following circumstances:(A) The complainant was asleep or unconscious.(B) The complainant was incapacitated due to the influence of drugs, alcohol, or medication, so that the complainant could not understand the fact, nature, or extent of the sexual activity.(C) The complainant was unable to communicate due to a mental or physical condition.(b) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall adopt detailed and victim-centered policies and protocols regarding sexual assault, domestic violence, dating violence, and stalking involving a student that comport with best practices and current professional standards. At a minimum, the policies and protocols shall cover all of the following:(1) A policy statement on how the institution will provide appropriate protections for the privacy of individuals involved, including confidentiality.(2) Initial response by the institutions personnel to a report of an incident, including requirements specific to assisting the victim, providing information in writing about the importance of preserving evidence, and the identification and location of witnesses.(3) Response to stranger and nonstranger sexual assault.(4) The preliminary victim interview, including the development of a victim interview protocol, and a comprehensive followup victim interview, as appropriate.(5) Contacting and interviewing the accused.(6) Seeking the identification and location of witnesses.(7) Providing written notification to the victim about the availability of, and contact information for, on- and off-campus resources and services, and coordination with law enforcement, as appropriate.(8) Participation of victim advocates and other supporting people.(9) Investigating allegations that alcohol or drugs were involved in the incident.(10) Providing that an individual who participates as a complainant or witness in an investigation of sexual assault, domestic violence, dating violence, or stalking will not be subject to disciplinary sanctions for a violation of the institutions student conduct policy at or near the time of the incident, unless the institution determines that the violation was egregious, including, but not limited to, an action that places the health or safety of any other person at risk or involves plagiarism, cheating, or academic dishonesty.(11) The role of the institutional staff supervision.(12) A comprehensive, trauma-informed training program for campus officials involved in investigating and adjudicating sexual assault, domestic violence, dating violence, and stalking cases.(13) Procedures for confidential reporting by victims and third parties.(c) (1) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall, to the extent feasible, enter into memoranda of understanding, agreements, or collaborative partnerships with existing on-campus and community-based organizations, including rape crisis centers and domestic violence centers, to refer students for assistance or make services available to students, including counseling, health, mental health, victim advocacy, and legal assistance, and including resources for the accused.(2) (A) (i) In order to receive state funds for student financial assistance, if the SAFE Kit is not administered on campus pursuant to agreements entered into pursuant to paragraph (1), the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall provide to students free of charge, and, to the extent possible, in a manner that protects student anonymity, transportation to and from a rape crisis center for a medical examiner to administer the SAFE Kit at the center. Transportation services may include a campus health center staff member transporting the student to and from a rape crisis center for a medical examiner to administer the SAFE Kit at the center.(ii) Notwithstanding clause (i), the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions may fund transportation services for a medical examiner to travel to the campus to administer the SAFE Kit on campus for the student.(iii) The student may select the transportation service provided pursuant to this subparagraph of the students choice.(B) (i) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall create a statewide stakeholder workgroup comprised of seven members as follows:(I) One Title IX coordinator appointed by the Chancellor of the California Community Colleges.(II) One Title IX coordinator appointed by the Chancellor of the California State University.(III) One Title IX coordinator appointed by the President of the University of California.(IV) One Title IX coordinator appointed by the President of the Association of Independent California Colleges and Universities.(V) One student with experience in sexual violence and sexual assault prevention advocacy or with personal identification or belonging in this network who is enrolled at a California Community College and appointed by the Chancellor of the California Community Colleges.(VI) One student with experience in sexual violence and sexual assault prevention advocacy or with personal identification or belonging in this network who is enrolled at the California State University and appointed by the Chancellor of the California State University.(VII) One student with experience in sexual violence and sexual assault prevention advocacy or with personal identification or belonging in this network who is enrolled at the University of California and appointed by the President of the University of California.(ii) Within nine months of its first meeting, the statewide stakeholder workgroup shall report to the Legislature, pursuant to Section 9795 of the Government Code, on the effectiveness and costs of the transportation services provided pursuant to this subdivision in accessing the SAFE Kit for students and recommendations on how to improve accessibility to the SAFE Kit for students.(C) For purposes of this subdivision, SAFE Kit means the Sexual Assault Forensic Examination Kit.(d) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall implement comprehensive prevention and outreach programs addressing sexual violence, domestic violence, dating violence, and stalking. A comprehensive prevention program shall include a range of prevention strategies, including, but not limited to, empowerment programming for victim prevention, awareness raising campaigns, primary prevention, bystander intervention, and risk reduction. Outreach programs shall be provided to make students aware of the institutions policy on sexual assault, domestic violence, dating violence, and stalking. At a minimum, an outreach program shall include a process for contacting and informing the student body, campus organizations, athletic programs, and student groups about the institutions overall sexual assault policy, the practical implications of an affirmative consent standard, and the rights and responsibilities of students under the policy.(e) Outreach programming shall be included as part of every incoming students orientation.(1) For purposes of this section, outreach programming includes, but is not necessarily limited to, informing students about all of the following:(A) The warning signs of intimate partner and dating violence.(B) Campus policies and resources relating to intimate partner and dating violence.(C) Off-campus resources and centers relating to intimate partner and dating violence.(D) A focus on prevention and bystander intervention training as it relates to intimate partner and dating violence.(2) For purposes of this subdivision, informing students about intimate partner and dating violence includes, but is not necessarily limited to, providing information about violence that occurs between individuals with a current or previous intimate or dating relationship.(3) For purposes of this subdivision, incoming students includes, but is not necessarily limited to, graduate, transfer, and international students, with a special consideration of their different needs, interactions, and engagements with their campuses.
SECTION 1. Section 67386 of the Education Code is amended to read:
### SECTION 1.
67386. (a) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall adopt a policy concerning sexual assault, domestic violence, dating violence, and stalking, as defined in the federal Higher Education Act of 1965 (20 U.S.C. Sec. 1092(f)), involving a student, both on and off campus. The policy shall include all of the following:(1) An affirmative consent standard in the determination of whether consent was given by both parties to sexual activity. Affirmative consent means affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that the person has the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.(2) A policy that, in the evaluation of complaints in any disciplinary process, it shall not be a valid excuse to alleged lack of affirmative consent that the accused believed that the complainant consented to the sexual activity under either of the following circumstances:(A) The accuseds belief in affirmative consent arose from the intoxication or recklessness of the accused.(B) The accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain whether the complainant affirmatively consented.(3) A policy that the standard used in determining whether the elements of the complaint against the accused have been demonstrated is the preponderance of the evidence.(4) A policy that, in the evaluation of complaints in the disciplinary process, it shall not be a valid excuse that the accused believed that the complainant affirmatively consented to the sexual activity if the accused knew or reasonably should have known that the complainant was unable to consent to the sexual activity under any of the following circumstances:(A) The complainant was asleep or unconscious.(B) The complainant was incapacitated due to the influence of drugs, alcohol, or medication, so that the complainant could not understand the fact, nature, or extent of the sexual activity.(C) The complainant was unable to communicate due to a mental or physical condition.(b) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall adopt detailed and victim-centered policies and protocols regarding sexual assault, domestic violence, dating violence, and stalking involving a student that comport with best practices and current professional standards. At a minimum, the policies and protocols shall cover all of the following:(1) A policy statement on how the institution will provide appropriate protections for the privacy of individuals involved, including confidentiality.(2) Initial response by the institutions personnel to a report of an incident, including requirements specific to assisting the victim, providing information in writing about the importance of preserving evidence, and the identification and location of witnesses.(3) Response to stranger and nonstranger sexual assault.(4) The preliminary victim interview, including the development of a victim interview protocol, and a comprehensive followup victim interview, as appropriate.(5) Contacting and interviewing the accused.(6) Seeking the identification and location of witnesses.(7) Providing written notification to the victim about the availability of, and contact information for, on- and off-campus resources and services, and coordination with law enforcement, as appropriate.(8) Participation of victim advocates and other supporting people.(9) Investigating allegations that alcohol or drugs were involved in the incident.(10) Providing that an individual who participates as a complainant or witness in an investigation of sexual assault, domestic violence, dating violence, or stalking will not be subject to disciplinary sanctions for a violation of the institutions student conduct policy at or near the time of the incident, unless the institution determines that the violation was egregious, including, but not limited to, an action that places the health or safety of any other person at risk or involves plagiarism, cheating, or academic dishonesty.(11) The role of the institutional staff supervision.(12) A comprehensive, trauma-informed training program for campus officials involved in investigating and adjudicating sexual assault, domestic violence, dating violence, and stalking cases.(13) Procedures for confidential reporting by victims and third parties.(c) (1) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall, to the extent feasible, enter into memoranda of understanding, agreements, or collaborative partnerships with existing on-campus and community-based organizations, including rape crisis centers and domestic violence centers, to refer students for assistance or make services available to students, including counseling, health, mental health, victim advocacy, and legal assistance, and including resources for the accused.(2) (A) (i) In order to receive state funds for student financial assistance, if the SAFE Kit is not administered on campus pursuant to agreements entered into pursuant to paragraph (1), the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall provide to students free of charge, and, to the extent possible, in a manner that protects student anonymity, transportation to and from a rape crisis center for a medical examiner to administer the SAFE Kit at the center. Transportation services may include a campus health center staff member transporting the student to and from a rape crisis center for a medical examiner to administer the SAFE Kit at the center.(ii) Notwithstanding clause (i), the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions may fund transportation services for a medical examiner to travel to the campus to administer the SAFE Kit on campus for the student.(iii) The student may select the transportation service provided pursuant to this subparagraph of the students choice.(B) (i) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall create a statewide stakeholder workgroup comprised of seven members as follows:(I) One Title IX coordinator appointed by the Chancellor of the California Community Colleges.(II) One Title IX coordinator appointed by the Chancellor of the California State University.(III) One Title IX coordinator appointed by the President of the University of California.(IV) One Title IX coordinator appointed by the President of the Association of Independent California Colleges and Universities.(V) One student with experience in sexual violence and sexual assault prevention advocacy or with personal identification or belonging in this network who is enrolled at a California Community College and appointed by the Chancellor of the California Community Colleges.(VI) One student with experience in sexual violence and sexual assault prevention advocacy or with personal identification or belonging in this network who is enrolled at the California State University and appointed by the Chancellor of the California State University.(VII) One student with experience in sexual violence and sexual assault prevention advocacy or with personal identification or belonging in this network who is enrolled at the University of California and appointed by the President of the University of California.(ii) Within nine months of its first meeting, the statewide stakeholder workgroup shall report to the Legislature, pursuant to Section 9795 of the Government Code, on the effectiveness and costs of the transportation services provided pursuant to this subdivision in accessing the SAFE Kit for students and recommendations on how to improve accessibility to the SAFE Kit for students.(C) For purposes of this subdivision, SAFE Kit means the Sexual Assault Forensic Examination Kit.(d) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall implement comprehensive prevention and outreach programs addressing sexual violence, domestic violence, dating violence, and stalking. A comprehensive prevention program shall include a range of prevention strategies, including, but not limited to, empowerment programming for victim prevention, awareness raising campaigns, primary prevention, bystander intervention, and risk reduction. Outreach programs shall be provided to make students aware of the institutions policy on sexual assault, domestic violence, dating violence, and stalking. At a minimum, an outreach program shall include a process for contacting and informing the student body, campus organizations, athletic programs, and student groups about the institutions overall sexual assault policy, the practical implications of an affirmative consent standard, and the rights and responsibilities of students under the policy.(e) Outreach programming shall be included as part of every incoming students orientation.(1) For purposes of this section, outreach programming includes, but is not necessarily limited to, informing students about all of the following:(A) The warning signs of intimate partner and dating violence.(B) Campus policies and resources relating to intimate partner and dating violence.(C) Off-campus resources and centers relating to intimate partner and dating violence.(D) A focus on prevention and bystander intervention training as it relates to intimate partner and dating violence.(2) For purposes of this subdivision, informing students about intimate partner and dating violence includes, but is not necessarily limited to, providing information about violence that occurs between individuals with a current or previous intimate or dating relationship.(3) For purposes of this subdivision, incoming students includes, but is not necessarily limited to, graduate, transfer, and international students, with a special consideration of their different needs, interactions, and engagements with their campuses.
67386. (a) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall adopt a policy concerning sexual assault, domestic violence, dating violence, and stalking, as defined in the federal Higher Education Act of 1965 (20 U.S.C. Sec. 1092(f)), involving a student, both on and off campus. The policy shall include all of the following:(1) An affirmative consent standard in the determination of whether consent was given by both parties to sexual activity. Affirmative consent means affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that the person has the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.(2) A policy that, in the evaluation of complaints in any disciplinary process, it shall not be a valid excuse to alleged lack of affirmative consent that the accused believed that the complainant consented to the sexual activity under either of the following circumstances:(A) The accuseds belief in affirmative consent arose from the intoxication or recklessness of the accused.(B) The accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain whether the complainant affirmatively consented.(3) A policy that the standard used in determining whether the elements of the complaint against the accused have been demonstrated is the preponderance of the evidence.(4) A policy that, in the evaluation of complaints in the disciplinary process, it shall not be a valid excuse that the accused believed that the complainant affirmatively consented to the sexual activity if the accused knew or reasonably should have known that the complainant was unable to consent to the sexual activity under any of the following circumstances:(A) The complainant was asleep or unconscious.(B) The complainant was incapacitated due to the influence of drugs, alcohol, or medication, so that the complainant could not understand the fact, nature, or extent of the sexual activity.(C) The complainant was unable to communicate due to a mental or physical condition.(b) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall adopt detailed and victim-centered policies and protocols regarding sexual assault, domestic violence, dating violence, and stalking involving a student that comport with best practices and current professional standards. At a minimum, the policies and protocols shall cover all of the following:(1) A policy statement on how the institution will provide appropriate protections for the privacy of individuals involved, including confidentiality.(2) Initial response by the institutions personnel to a report of an incident, including requirements specific to assisting the victim, providing information in writing about the importance of preserving evidence, and the identification and location of witnesses.(3) Response to stranger and nonstranger sexual assault.(4) The preliminary victim interview, including the development of a victim interview protocol, and a comprehensive followup victim interview, as appropriate.(5) Contacting and interviewing the accused.(6) Seeking the identification and location of witnesses.(7) Providing written notification to the victim about the availability of, and contact information for, on- and off-campus resources and services, and coordination with law enforcement, as appropriate.(8) Participation of victim advocates and other supporting people.(9) Investigating allegations that alcohol or drugs were involved in the incident.(10) Providing that an individual who participates as a complainant or witness in an investigation of sexual assault, domestic violence, dating violence, or stalking will not be subject to disciplinary sanctions for a violation of the institutions student conduct policy at or near the time of the incident, unless the institution determines that the violation was egregious, including, but not limited to, an action that places the health or safety of any other person at risk or involves plagiarism, cheating, or academic dishonesty.(11) The role of the institutional staff supervision.(12) A comprehensive, trauma-informed training program for campus officials involved in investigating and adjudicating sexual assault, domestic violence, dating violence, and stalking cases.(13) Procedures for confidential reporting by victims and third parties.(c) (1) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall, to the extent feasible, enter into memoranda of understanding, agreements, or collaborative partnerships with existing on-campus and community-based organizations, including rape crisis centers and domestic violence centers, to refer students for assistance or make services available to students, including counseling, health, mental health, victim advocacy, and legal assistance, and including resources for the accused.(2) (A) (i) In order to receive state funds for student financial assistance, if the SAFE Kit is not administered on campus pursuant to agreements entered into pursuant to paragraph (1), the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall provide to students free of charge, and, to the extent possible, in a manner that protects student anonymity, transportation to and from a rape crisis center for a medical examiner to administer the SAFE Kit at the center. Transportation services may include a campus health center staff member transporting the student to and from a rape crisis center for a medical examiner to administer the SAFE Kit at the center.(ii) Notwithstanding clause (i), the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions may fund transportation services for a medical examiner to travel to the campus to administer the SAFE Kit on campus for the student.(iii) The student may select the transportation service provided pursuant to this subparagraph of the students choice.(B) (i) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall create a statewide stakeholder workgroup comprised of seven members as follows:(I) One Title IX coordinator appointed by the Chancellor of the California Community Colleges.(II) One Title IX coordinator appointed by the Chancellor of the California State University.(III) One Title IX coordinator appointed by the President of the University of California.(IV) One Title IX coordinator appointed by the President of the Association of Independent California Colleges and Universities.(V) One student with experience in sexual violence and sexual assault prevention advocacy or with personal identification or belonging in this network who is enrolled at a California Community College and appointed by the Chancellor of the California Community Colleges.(VI) One student with experience in sexual violence and sexual assault prevention advocacy or with personal identification or belonging in this network who is enrolled at the California State University and appointed by the Chancellor of the California State University.(VII) One student with experience in sexual violence and sexual assault prevention advocacy or with personal identification or belonging in this network who is enrolled at the University of California and appointed by the President of the University of California.(ii) Within nine months of its first meeting, the statewide stakeholder workgroup shall report to the Legislature, pursuant to Section 9795 of the Government Code, on the effectiveness and costs of the transportation services provided pursuant to this subdivision in accessing the SAFE Kit for students and recommendations on how to improve accessibility to the SAFE Kit for students.(C) For purposes of this subdivision, SAFE Kit means the Sexual Assault Forensic Examination Kit.(d) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall implement comprehensive prevention and outreach programs addressing sexual violence, domestic violence, dating violence, and stalking. A comprehensive prevention program shall include a range of prevention strategies, including, but not limited to, empowerment programming for victim prevention, awareness raising campaigns, primary prevention, bystander intervention, and risk reduction. Outreach programs shall be provided to make students aware of the institutions policy on sexual assault, domestic violence, dating violence, and stalking. At a minimum, an outreach program shall include a process for contacting and informing the student body, campus organizations, athletic programs, and student groups about the institutions overall sexual assault policy, the practical implications of an affirmative consent standard, and the rights and responsibilities of students under the policy.(e) Outreach programming shall be included as part of every incoming students orientation.(1) For purposes of this section, outreach programming includes, but is not necessarily limited to, informing students about all of the following:(A) The warning signs of intimate partner and dating violence.(B) Campus policies and resources relating to intimate partner and dating violence.(C) Off-campus resources and centers relating to intimate partner and dating violence.(D) A focus on prevention and bystander intervention training as it relates to intimate partner and dating violence.(2) For purposes of this subdivision, informing students about intimate partner and dating violence includes, but is not necessarily limited to, providing information about violence that occurs between individuals with a current or previous intimate or dating relationship.(3) For purposes of this subdivision, incoming students includes, but is not necessarily limited to, graduate, transfer, and international students, with a special consideration of their different needs, interactions, and engagements with their campuses.
67386. (a) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall adopt a policy concerning sexual assault, domestic violence, dating violence, and stalking, as defined in the federal Higher Education Act of 1965 (20 U.S.C. Sec. 1092(f)), involving a student, both on and off campus. The policy shall include all of the following:(1) An affirmative consent standard in the determination of whether consent was given by both parties to sexual activity. Affirmative consent means affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that the person has the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.(2) A policy that, in the evaluation of complaints in any disciplinary process, it shall not be a valid excuse to alleged lack of affirmative consent that the accused believed that the complainant consented to the sexual activity under either of the following circumstances:(A) The accuseds belief in affirmative consent arose from the intoxication or recklessness of the accused.(B) The accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain whether the complainant affirmatively consented.(3) A policy that the standard used in determining whether the elements of the complaint against the accused have been demonstrated is the preponderance of the evidence.(4) A policy that, in the evaluation of complaints in the disciplinary process, it shall not be a valid excuse that the accused believed that the complainant affirmatively consented to the sexual activity if the accused knew or reasonably should have known that the complainant was unable to consent to the sexual activity under any of the following circumstances:(A) The complainant was asleep or unconscious.(B) The complainant was incapacitated due to the influence of drugs, alcohol, or medication, so that the complainant could not understand the fact, nature, or extent of the sexual activity.(C) The complainant was unable to communicate due to a mental or physical condition.(b) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall adopt detailed and victim-centered policies and protocols regarding sexual assault, domestic violence, dating violence, and stalking involving a student that comport with best practices and current professional standards. At a minimum, the policies and protocols shall cover all of the following:(1) A policy statement on how the institution will provide appropriate protections for the privacy of individuals involved, including confidentiality.(2) Initial response by the institutions personnel to a report of an incident, including requirements specific to assisting the victim, providing information in writing about the importance of preserving evidence, and the identification and location of witnesses.(3) Response to stranger and nonstranger sexual assault.(4) The preliminary victim interview, including the development of a victim interview protocol, and a comprehensive followup victim interview, as appropriate.(5) Contacting and interviewing the accused.(6) Seeking the identification and location of witnesses.(7) Providing written notification to the victim about the availability of, and contact information for, on- and off-campus resources and services, and coordination with law enforcement, as appropriate.(8) Participation of victim advocates and other supporting people.(9) Investigating allegations that alcohol or drugs were involved in the incident.(10) Providing that an individual who participates as a complainant or witness in an investigation of sexual assault, domestic violence, dating violence, or stalking will not be subject to disciplinary sanctions for a violation of the institutions student conduct policy at or near the time of the incident, unless the institution determines that the violation was egregious, including, but not limited to, an action that places the health or safety of any other person at risk or involves plagiarism, cheating, or academic dishonesty.(11) The role of the institutional staff supervision.(12) A comprehensive, trauma-informed training program for campus officials involved in investigating and adjudicating sexual assault, domestic violence, dating violence, and stalking cases.(13) Procedures for confidential reporting by victims and third parties.(c) (1) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall, to the extent feasible, enter into memoranda of understanding, agreements, or collaborative partnerships with existing on-campus and community-based organizations, including rape crisis centers and domestic violence centers, to refer students for assistance or make services available to students, including counseling, health, mental health, victim advocacy, and legal assistance, and including resources for the accused.(2) (A) (i) In order to receive state funds for student financial assistance, if the SAFE Kit is not administered on campus pursuant to agreements entered into pursuant to paragraph (1), the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall provide to students free of charge, and, to the extent possible, in a manner that protects student anonymity, transportation to and from a rape crisis center for a medical examiner to administer the SAFE Kit at the center. Transportation services may include a campus health center staff member transporting the student to and from a rape crisis center for a medical examiner to administer the SAFE Kit at the center.(ii) Notwithstanding clause (i), the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions may fund transportation services for a medical examiner to travel to the campus to administer the SAFE Kit on campus for the student.(iii) The student may select the transportation service provided pursuant to this subparagraph of the students choice.(B) (i) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall create a statewide stakeholder workgroup comprised of seven members as follows:(I) One Title IX coordinator appointed by the Chancellor of the California Community Colleges.(II) One Title IX coordinator appointed by the Chancellor of the California State University.(III) One Title IX coordinator appointed by the President of the University of California.(IV) One Title IX coordinator appointed by the President of the Association of Independent California Colleges and Universities.(V) One student with experience in sexual violence and sexual assault prevention advocacy or with personal identification or belonging in this network who is enrolled at a California Community College and appointed by the Chancellor of the California Community Colleges.(VI) One student with experience in sexual violence and sexual assault prevention advocacy or with personal identification or belonging in this network who is enrolled at the California State University and appointed by the Chancellor of the California State University.(VII) One student with experience in sexual violence and sexual assault prevention advocacy or with personal identification or belonging in this network who is enrolled at the University of California and appointed by the President of the University of California.(ii) Within nine months of its first meeting, the statewide stakeholder workgroup shall report to the Legislature, pursuant to Section 9795 of the Government Code, on the effectiveness and costs of the transportation services provided pursuant to this subdivision in accessing the SAFE Kit for students and recommendations on how to improve accessibility to the SAFE Kit for students.(C) For purposes of this subdivision, SAFE Kit means the Sexual Assault Forensic Examination Kit.(d) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall implement comprehensive prevention and outreach programs addressing sexual violence, domestic violence, dating violence, and stalking. A comprehensive prevention program shall include a range of prevention strategies, including, but not limited to, empowerment programming for victim prevention, awareness raising campaigns, primary prevention, bystander intervention, and risk reduction. Outreach programs shall be provided to make students aware of the institutions policy on sexual assault, domestic violence, dating violence, and stalking. At a minimum, an outreach program shall include a process for contacting and informing the student body, campus organizations, athletic programs, and student groups about the institutions overall sexual assault policy, the practical implications of an affirmative consent standard, and the rights and responsibilities of students under the policy.(e) Outreach programming shall be included as part of every incoming students orientation.(1) For purposes of this section, outreach programming includes, but is not necessarily limited to, informing students about all of the following:(A) The warning signs of intimate partner and dating violence.(B) Campus policies and resources relating to intimate partner and dating violence.(C) Off-campus resources and centers relating to intimate partner and dating violence.(D) A focus on prevention and bystander intervention training as it relates to intimate partner and dating violence.(2) For purposes of this subdivision, informing students about intimate partner and dating violence includes, but is not necessarily limited to, providing information about violence that occurs between individuals with a current or previous intimate or dating relationship.(3) For purposes of this subdivision, incoming students includes, but is not necessarily limited to, graduate, transfer, and international students, with a special consideration of their different needs, interactions, and engagements with their campuses.
67386. (a) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall adopt a policy concerning sexual assault, domestic violence, dating violence, and stalking, as defined in the federal Higher Education Act of 1965 (20 U.S.C. Sec. 1092(f)), involving a student, both on and off campus. The policy shall include all of the following:
(1) An affirmative consent standard in the determination of whether consent was given by both parties to sexual activity. Affirmative consent means affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that the person has the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.
(2) A policy that, in the evaluation of complaints in any disciplinary process, it shall not be a valid excuse to alleged lack of affirmative consent that the accused believed that the complainant consented to the sexual activity under either of the following circumstances:
(A) The accuseds belief in affirmative consent arose from the intoxication or recklessness of the accused.
(B) The accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain whether the complainant affirmatively consented.
(3) A policy that the standard used in determining whether the elements of the complaint against the accused have been demonstrated is the preponderance of the evidence.
(4) A policy that, in the evaluation of complaints in the disciplinary process, it shall not be a valid excuse that the accused believed that the complainant affirmatively consented to the sexual activity if the accused knew or reasonably should have known that the complainant was unable to consent to the sexual activity under any of the following circumstances:
(A) The complainant was asleep or unconscious.
(B) The complainant was incapacitated due to the influence of drugs, alcohol, or medication, so that the complainant could not understand the fact, nature, or extent of the sexual activity.
(C) The complainant was unable to communicate due to a mental or physical condition.
(b) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall adopt detailed and victim-centered policies and protocols regarding sexual assault, domestic violence, dating violence, and stalking involving a student that comport with best practices and current professional standards. At a minimum, the policies and protocols shall cover all of the following:
(1) A policy statement on how the institution will provide appropriate protections for the privacy of individuals involved, including confidentiality.
(2) Initial response by the institutions personnel to a report of an incident, including requirements specific to assisting the victim, providing information in writing about the importance of preserving evidence, and the identification and location of witnesses.
(3) Response to stranger and nonstranger sexual assault.
(4) The preliminary victim interview, including the development of a victim interview protocol, and a comprehensive followup victim interview, as appropriate.
(5) Contacting and interviewing the accused.
(6) Seeking the identification and location of witnesses.
(7) Providing written notification to the victim about the availability of, and contact information for, on- and off-campus resources and services, and coordination with law enforcement, as appropriate.
(8) Participation of victim advocates and other supporting people.
(9) Investigating allegations that alcohol or drugs were involved in the incident.
(10) Providing that an individual who participates as a complainant or witness in an investigation of sexual assault, domestic violence, dating violence, or stalking will not be subject to disciplinary sanctions for a violation of the institutions student conduct policy at or near the time of the incident, unless the institution determines that the violation was egregious, including, but not limited to, an action that places the health or safety of any other person at risk or involves plagiarism, cheating, or academic dishonesty.
(11) The role of the institutional staff supervision.
(12) A comprehensive, trauma-informed training program for campus officials involved in investigating and adjudicating sexual assault, domestic violence, dating violence, and stalking cases.
(13) Procedures for confidential reporting by victims and third parties.
(c) (1) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall, to the extent feasible, enter into memoranda of understanding, agreements, or collaborative partnerships with existing on-campus and community-based organizations, including rape crisis centers and domestic violence centers, to refer students for assistance or make services available to students, including counseling, health, mental health, victim advocacy, and legal assistance, and including resources for the accused.
(2) (A) (i) In order to receive state funds for student financial assistance, if the SAFE Kit is not administered on campus pursuant to agreements entered into pursuant to paragraph (1), the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall provide to students free of charge, and, to the extent possible, in a manner that protects student anonymity, transportation to and from a rape crisis center for a medical examiner to administer the SAFE Kit at the center. Transportation services may include a campus health center staff member transporting the student to and from a rape crisis center for a medical examiner to administer the SAFE Kit at the center.
(ii) Notwithstanding clause (i), the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions may fund transportation services for a medical examiner to travel to the campus to administer the SAFE Kit on campus for the student.
(iii) The student may select the transportation service provided pursuant to this subparagraph of the students choice.
(B) (i) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall create a statewide stakeholder workgroup comprised of seven members as follows:
(I) One Title IX coordinator appointed by the Chancellor of the California Community Colleges.
(II) One Title IX coordinator appointed by the Chancellor of the California State University.
(III) One Title IX coordinator appointed by the President of the University of California.
(IV) One Title IX coordinator appointed by the President of the Association of Independent California Colleges and Universities.
(V) One student with experience in sexual violence and sexual assault prevention advocacy or with personal identification or belonging in this network who is enrolled at a California Community College and appointed by the Chancellor of the California Community Colleges.
(VI) One student with experience in sexual violence and sexual assault prevention advocacy or with personal identification or belonging in this network who is enrolled at the California State University and appointed by the Chancellor of the California State University.
(VII) One student with experience in sexual violence and sexual assault prevention advocacy or with personal identification or belonging in this network who is enrolled at the University of California and appointed by the President of the University of California.
(ii) Within nine months of its first meeting, the statewide stakeholder workgroup shall report to the Legislature, pursuant to Section 9795 of the Government Code, on the effectiveness and costs of the transportation services provided pursuant to this subdivision in accessing the SAFE Kit for students and recommendations on how to improve accessibility to the SAFE Kit for students.
(C) For purposes of this subdivision, SAFE Kit means the Sexual Assault Forensic Examination Kit.
(d) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall implement comprehensive prevention and outreach programs addressing sexual violence, domestic violence, dating violence, and stalking. A comprehensive prevention program shall include a range of prevention strategies, including, but not limited to, empowerment programming for victim prevention, awareness raising campaigns, primary prevention, bystander intervention, and risk reduction. Outreach programs shall be provided to make students aware of the institutions policy on sexual assault, domestic violence, dating violence, and stalking. At a minimum, an outreach program shall include a process for contacting and informing the student body, campus organizations, athletic programs, and student groups about the institutions overall sexual assault policy, the practical implications of an affirmative consent standard, and the rights and responsibilities of students under the policy.
(e) Outreach programming shall be included as part of every incoming students orientation.
(1) For purposes of this section, outreach programming includes, but is not necessarily limited to, informing students about all of the following:
(A) The warning signs of intimate partner and dating violence.
(B) Campus policies and resources relating to intimate partner and dating violence.
(C) Off-campus resources and centers relating to intimate partner and dating violence.
(D) A focus on prevention and bystander intervention training as it relates to intimate partner and dating violence.
(2) For purposes of this subdivision, informing students about intimate partner and dating violence includes, but is not necessarily limited to, providing information about violence that occurs between individuals with a current or previous intimate or dating relationship.
(3) For purposes of this subdivision, incoming students includes, but is not necessarily limited to, graduate, transfer, and international students, with a special consideration of their different needs, interactions, and engagements with their campuses.
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.
(a)It is the intent of the Legislature that students of the California State University acquire the knowledge and skills that will help them comprehend the diversity and social justice history of the United States and of the society in which they live to enable them to contribute to that society as responsible and constructive citizens.
(b)Commencing with the 202122 academic year, the California State University shall provide for courses in ethnic studies at each of its campuses.
(c)The California State University shall collaborate with the California State University Council on Ethnic Studies and the Academic Senate of the California State University to develop core competencies to be achieved by students who complete an ethnic studies course pursuant to the implementation of this section. The council and the academic senate shall approve the core competencies before commencement of the 202122 academic year.
(d)Commencing with students graduating in the 202425 academic year, the California State University shall require, as an undergraduate graduation requirement, the completion of, at minimum, one three-unit course in ethnic studies. The university shall not increase the number of units required to graduate from the university with a baccalaureate degree by the enforcement of this requirement. This graduation requirement shall not apply to a postbaccalaureate student who is enrolled in a baccalaureate degree program at the university if the student has satisfied either of the following:
(1)The student has earned a baccalaureate degree from an institution accredited by a regional accrediting agency.
(2)The student has completed an ethnic studies course at a postsecondary educational institution accredited by a regional accrediting agency.