Amended IN Assembly June 15, 2023 Amended IN Senate April 27, 2023 Amended IN Senate March 30, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 808Introduced by Senator DoddFebruary 17, 2023 An act to amend Section 89500 of add Section 66282 to the Education Code, relating to public postsecondary education. LEGISLATIVE COUNSEL'S DIGESTSB 808, as amended, Dodd. California State University: terms of employment: settlements and retreat opportunities. annual report: sexual harassment reports: formal sexual harassment complaints.Existing federal law, known as Title IX, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination, which includes sexual harassment, under any education program or activity receiving federal financial assistance.Existing lawThe Donahoe Higher Education Act establishes the California State University and provides for its University, under the administration by of the Trustees of the California State University. Existing law requires the trustees to provide by rule for the government of their appointees and employees. University, as one of the 3 segments of public postsecondary education in the state. A portion of the Donahoe Higher Education Act, known as the Equity in Higher Education Act, declares, among other things, that sexual harassment of students is a form of prohibited sex discrimination and requires each postsecondary educational institution in the state to have a written policy on sexual harassment.This bill would require the rules adopted by the trustees pursuant to those provisions to, among other things, (1) require each campus president and either a vice president or vice chancellor to approve all sexual harassment settlements, (2) require a report to the chancellors office and the Legislature on the number of sexual harassment complaints filed, the length of time taken to complete the investigative process, and the disposition of those cases, as specified, and (3) prohibit the opportunity to retreat for specified employees who have been determined, as provided, to have committed sexual harassment or have violated the California State University Title IX, as defined, sexual harassment policy. The bill would prohibit a contract for the opportunity to retreat for any of those employees determined to have committed sexual harassment or violated the California State University Title IX sexual harassment policy from being entered into on or after January 1, 2024, or upon the expiration of a conflicting memorandum of understanding that was in effect before January 1, 2024, whichever is later.This bill would require the California State University, on or before December 1 of each year, to submit a report to the Legislature on the investigations and outcomes of sexual harassment reports and formal sexual harassment complaints, as provided, and would require the California State University to post these annual reports on its internet website. The bill would make legislative findings and declarations relating to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Congress enacted Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) forbidding discrimination on the basis of sex at educational institutions receiving federal financial assistance and offering protections for students, faculty, and staff, which has been expanded to cover sexual harassment and sexual violence in addition to sex discrimination.(b) Sexual harassment and sexual violence against university students is an issue of critical importance and is prohibited by law.(c) The California State University, in its handling of sexual harassment and sexual violence complaints, especially those involving faculty, staff, and administrators, has been woefully inadequate.(d) Students who suffer from sexual harassment and sexual violence are deprived of equal and free access to an education, and data suggests that graduate and professional students are particularly vulnerable to harassment from those in a position of authority at a college or university.(e) Incidences Incidents at numerous California State University campuses across the state indicate a clear lack of safeguards, sufficient policies, professional oversight, and accountability in the California State University system.SEC. 2.Section 89500 of the Education Code is amended to read:89500.(a)(1)Notwithstanding any other law, the trustees shall provide by rule for the government of their appointees and employees, pursuant to this chapter and other applicable law, including, but not limited to, the following: appointment; classification; terms; duties; pay and overtime pay; uniform and equipment allowances; travel expenses and allowances; rates for housing and lodging; moving expenses; leave of absence; tenure; vacation; holidays; layoff; dismissal; demotion; suspension; sick leave; reinstatement; and employers contribution to the health benefit plans of employees, annuitants, and survivors.(2)The rules adopted by the trustees relating to tenure, layoff, dismissal, demotion, suspension, and reinstatement of academic and administrative employees shall be adopted on or before February 1, 1962, and become effective on July 1, 1962, with respect to employees who are academic teaching and administrative employees as defined in subdivision (1)(e) of Section 24301, as it read on June 30, 1961, as enacted by Section 3 of Chapter 2 of the Statutes of 1959.(b)The adoption of these rules and regulations shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.(c)The rules adopted by the trustees pursuant to this section shall do all of the following:(1)Require each campus president and either a vice president or vice chancellor to approve all sexual harassment settlements.(2)Require a report to the chancellors office and the Legislature, consistent with the requirements of Section 9795 of the Government Code, on the number of sexual harassment complaints filed, the length of time taken to complete the investigative process, and the disposition of those cases, disaggregated by complaints filed with each individual campus and complaints filed with the chancellors office. The report shall also be posted on the California State Universitys internet website.(3)(A)Prohibit the opportunity to retreat for any campus employee who is classified as executive management pursuant to the Executive Management Classification Plan (M98) or is classified as management personnel pursuant to the Management Personnel Plan (M80), as those policies read on January 1, 2023, and who has been determined in a final administrative decision or a final judicial decision to have committed sexual harassment or who has violated the California State University Title IX sexual harassment policy.(B)Notwithstanding subdivision (d), a contract for the opportunity to retreat for any employee identified in subparagraph (A) who has been determined in a final administrative decision or a final judicial decision to have committed sexual harassment or violated the California State University Title IX sexual harassment policy shall not be entered into on or after January 1, 2024, or upon the expiration of a conflicting memorandum of understanding that was in effect before January 1, 2024, whichever is later.(C)For purposes of this paragraph, the following definitions apply:(i)Final administrative decision means a final determination based on the investigative findings of a sexual harassment complaint by a Title IX compliance coordinator or other designated investigator at a college or university.(ii)Final judicial decision means a final determination of a matter submitted to a court that is recorded in a judgment or order of that court.(iii)Title IX means Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.).(d)If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that, if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.SEC. 2. Section 66282 is added to the Education Code, immediately following Section 66281.8, to read:66282. (a) It is the intent of the Legislature that the California State University annually report on the investigations and outcomes of sexual harassment reports and formal sexual harassment complaints.(b) The California State University shall, on or before December 1 of each year, submit a report to the Legislature, consistent with the requirements of Section 9795 of the Government Code, that includes all of the following information:(1) (A) The number of sexual harassment reports filed disaggregated by each individual campus and the chancellors office.(B) The number of formal sexual harassment complaints filed with the campus-based or systemwide Title IX coordinator disaggregated by each individual campus and the chancellors office. Formal sexual harassment complaints shall include all formal sexual harassment complaints that have been submitted to a Title IX office regardless of whether or not an official investigation has begun.(2) The number of formal sexual harassment complaints under investigation, the length of time taken to commence an official investigation after a formal sexual harassment complaint is filed, and the length of time taken from the beginning of an investigation to the completion of a final investigative report, disaggregated by each individual campus and the chancellors office as follows:(A) The length of time taken to commence an official investigation after a formal sexual harassment complaint is filed shall be grouped in the following categories:(i) Less than two weeks.(ii) Two weeks to one month.(iii) One to three months.(iv) Three to six months.(v) Six to 12 months.(vi) Twelve to 18 months.(vii) More than 18 months.(B) The length of time taken from the beginning of an investigation to the completion of a final investigative report shall be grouped in the following categories:(i) Less than six months.(ii) Six to 12 months.(iii) Twelve to 18 months.(iv) More than 18 months.(3) The number of hearings conducted for formal sexual harassment complaints and the outcomes of those hearings disaggregated by each individual campus and the chancellors office. The outcomes of those hearings shall be grouped in the following categories:(A) An informal resolution or settlement was agreed to by the complainant and respondent.(B) A hearing was convened and a final administrative decision was rendered by the decisionmaker.(C) A hearing is scheduled or has concluded, but the decisionmaker has not rendered a final administrative decision.(4) (A) The number of appeals requested by either the complainant or respondent disaggregated by each individual campus and the chancellors office.(B) The outcomes of the appeals identified in subparagraph (A) disaggregated by each individual campus and the chancellors office.(c) The California State University shall post the annual reports described in subdivision (b) on its internet website.(d) For purposes of this section, the following definitions apply:(1) Chancellors office means the office of the Chancellor of the California State University.(2) Final administrative decision means the written determination of whether or not sexual harassment occurred as determined by the decisionmaker following the final investigative report and the subsequent hearing.(3) Final investigative report means the final report of the summary of relevant evidence provided by the Title IX investigator to the complainant and respondent.(4) Sexual harassment has the same meaning as described in subdivision (a) of Section 66262.5.
Amended IN Assembly June 15, 2023 Amended IN Senate April 27, 2023 Amended IN Senate March 30, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 808Introduced by Senator DoddFebruary 17, 2023 An act to amend Section 89500 of add Section 66282 to the Education Code, relating to public postsecondary education. LEGISLATIVE COUNSEL'S DIGESTSB 808, as amended, Dodd. California State University: terms of employment: settlements and retreat opportunities. annual report: sexual harassment reports: formal sexual harassment complaints.Existing federal law, known as Title IX, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination, which includes sexual harassment, under any education program or activity receiving federal financial assistance.Existing lawThe Donahoe Higher Education Act establishes the California State University and provides for its University, under the administration by of the Trustees of the California State University. Existing law requires the trustees to provide by rule for the government of their appointees and employees. University, as one of the 3 segments of public postsecondary education in the state. A portion of the Donahoe Higher Education Act, known as the Equity in Higher Education Act, declares, among other things, that sexual harassment of students is a form of prohibited sex discrimination and requires each postsecondary educational institution in the state to have a written policy on sexual harassment.This bill would require the rules adopted by the trustees pursuant to those provisions to, among other things, (1) require each campus president and either a vice president or vice chancellor to approve all sexual harassment settlements, (2) require a report to the chancellors office and the Legislature on the number of sexual harassment complaints filed, the length of time taken to complete the investigative process, and the disposition of those cases, as specified, and (3) prohibit the opportunity to retreat for specified employees who have been determined, as provided, to have committed sexual harassment or have violated the California State University Title IX, as defined, sexual harassment policy. The bill would prohibit a contract for the opportunity to retreat for any of those employees determined to have committed sexual harassment or violated the California State University Title IX sexual harassment policy from being entered into on or after January 1, 2024, or upon the expiration of a conflicting memorandum of understanding that was in effect before January 1, 2024, whichever is later.This bill would require the California State University, on or before December 1 of each year, to submit a report to the Legislature on the investigations and outcomes of sexual harassment reports and formal sexual harassment complaints, as provided, and would require the California State University to post these annual reports on its internet website. The bill would make legislative findings and declarations relating to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly June 15, 2023 Amended IN Senate April 27, 2023 Amended IN Senate March 30, 2023
Amended IN Assembly June 15, 2023
Amended IN Senate April 27, 2023
Amended IN Senate March 30, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Senate Bill
No. 808
Introduced by Senator DoddFebruary 17, 2023
Introduced by Senator Dodd
February 17, 2023
An act to amend Section 89500 of add Section 66282 to the Education Code, relating to public postsecondary education.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 808, as amended, Dodd. California State University: terms of employment: settlements and retreat opportunities. annual report: sexual harassment reports: formal sexual harassment complaints.
Existing federal law, known as Title IX, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination, which includes sexual harassment, under any education program or activity receiving federal financial assistance.Existing lawThe Donahoe Higher Education Act establishes the California State University and provides for its University, under the administration by of the Trustees of the California State University. Existing law requires the trustees to provide by rule for the government of their appointees and employees. University, as one of the 3 segments of public postsecondary education in the state. A portion of the Donahoe Higher Education Act, known as the Equity in Higher Education Act, declares, among other things, that sexual harassment of students is a form of prohibited sex discrimination and requires each postsecondary educational institution in the state to have a written policy on sexual harassment.This bill would require the rules adopted by the trustees pursuant to those provisions to, among other things, (1) require each campus president and either a vice president or vice chancellor to approve all sexual harassment settlements, (2) require a report to the chancellors office and the Legislature on the number of sexual harassment complaints filed, the length of time taken to complete the investigative process, and the disposition of those cases, as specified, and (3) prohibit the opportunity to retreat for specified employees who have been determined, as provided, to have committed sexual harassment or have violated the California State University Title IX, as defined, sexual harassment policy. The bill would prohibit a contract for the opportunity to retreat for any of those employees determined to have committed sexual harassment or violated the California State University Title IX sexual harassment policy from being entered into on or after January 1, 2024, or upon the expiration of a conflicting memorandum of understanding that was in effect before January 1, 2024, whichever is later.This bill would require the California State University, on or before December 1 of each year, to submit a report to the Legislature on the investigations and outcomes of sexual harassment reports and formal sexual harassment complaints, as provided, and would require the California State University to post these annual reports on its internet website. The bill would make legislative findings and declarations relating to these provisions.
Existing federal law, known as Title IX, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination, which includes sexual harassment, under any education program or activity receiving federal financial assistance.
Existing law
The Donahoe Higher Education Act establishes the California State University and provides for its University, under the administration by of the Trustees of the California State University. Existing law requires the trustees to provide by rule for the government of their appointees and employees. University, as one of the 3 segments of public postsecondary education in the state. A portion of the Donahoe Higher Education Act, known as the Equity in Higher Education Act, declares, among other things, that sexual harassment of students is a form of prohibited sex discrimination and requires each postsecondary educational institution in the state to have a written policy on sexual harassment.
This bill would require the rules adopted by the trustees pursuant to those provisions to, among other things, (1) require each campus president and either a vice president or vice chancellor to approve all sexual harassment settlements, (2) require a report to the chancellors office and the Legislature on the number of sexual harassment complaints filed, the length of time taken to complete the investigative process, and the disposition of those cases, as specified, and (3) prohibit the opportunity to retreat for specified employees who have been determined, as provided, to have committed sexual harassment or have violated the California State University Title IX, as defined, sexual harassment policy. The bill would prohibit a contract for the opportunity to retreat for any of those employees determined to have committed sexual harassment or violated the California State University Title IX sexual harassment policy from being entered into on or after January 1, 2024, or upon the expiration of a conflicting memorandum of understanding that was in effect before January 1, 2024, whichever is later.
This bill would require the California State University, on or before December 1 of each year, to submit a report to the Legislature on the investigations and outcomes of sexual harassment reports and formal sexual harassment complaints, as provided, and would require the California State University to post these annual reports on its internet website. The bill would make legislative findings and declarations relating to these provisions.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Congress enacted Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) forbidding discrimination on the basis of sex at educational institutions receiving federal financial assistance and offering protections for students, faculty, and staff, which has been expanded to cover sexual harassment and sexual violence in addition to sex discrimination.(b) Sexual harassment and sexual violence against university students is an issue of critical importance and is prohibited by law.(c) The California State University, in its handling of sexual harassment and sexual violence complaints, especially those involving faculty, staff, and administrators, has been woefully inadequate.(d) Students who suffer from sexual harassment and sexual violence are deprived of equal and free access to an education, and data suggests that graduate and professional students are particularly vulnerable to harassment from those in a position of authority at a college or university.(e) Incidences Incidents at numerous California State University campuses across the state indicate a clear lack of safeguards, sufficient policies, professional oversight, and accountability in the California State University system.SEC. 2.Section 89500 of the Education Code is amended to read:89500.(a)(1)Notwithstanding any other law, the trustees shall provide by rule for the government of their appointees and employees, pursuant to this chapter and other applicable law, including, but not limited to, the following: appointment; classification; terms; duties; pay and overtime pay; uniform and equipment allowances; travel expenses and allowances; rates for housing and lodging; moving expenses; leave of absence; tenure; vacation; holidays; layoff; dismissal; demotion; suspension; sick leave; reinstatement; and employers contribution to the health benefit plans of employees, annuitants, and survivors.(2)The rules adopted by the trustees relating to tenure, layoff, dismissal, demotion, suspension, and reinstatement of academic and administrative employees shall be adopted on or before February 1, 1962, and become effective on July 1, 1962, with respect to employees who are academic teaching and administrative employees as defined in subdivision (1)(e) of Section 24301, as it read on June 30, 1961, as enacted by Section 3 of Chapter 2 of the Statutes of 1959.(b)The adoption of these rules and regulations shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.(c)The rules adopted by the trustees pursuant to this section shall do all of the following:(1)Require each campus president and either a vice president or vice chancellor to approve all sexual harassment settlements.(2)Require a report to the chancellors office and the Legislature, consistent with the requirements of Section 9795 of the Government Code, on the number of sexual harassment complaints filed, the length of time taken to complete the investigative process, and the disposition of those cases, disaggregated by complaints filed with each individual campus and complaints filed with the chancellors office. The report shall also be posted on the California State Universitys internet website.(3)(A)Prohibit the opportunity to retreat for any campus employee who is classified as executive management pursuant to the Executive Management Classification Plan (M98) or is classified as management personnel pursuant to the Management Personnel Plan (M80), as those policies read on January 1, 2023, and who has been determined in a final administrative decision or a final judicial decision to have committed sexual harassment or who has violated the California State University Title IX sexual harassment policy.(B)Notwithstanding subdivision (d), a contract for the opportunity to retreat for any employee identified in subparagraph (A) who has been determined in a final administrative decision or a final judicial decision to have committed sexual harassment or violated the California State University Title IX sexual harassment policy shall not be entered into on or after January 1, 2024, or upon the expiration of a conflicting memorandum of understanding that was in effect before January 1, 2024, whichever is later.(C)For purposes of this paragraph, the following definitions apply:(i)Final administrative decision means a final determination based on the investigative findings of a sexual harassment complaint by a Title IX compliance coordinator or other designated investigator at a college or university.(ii)Final judicial decision means a final determination of a matter submitted to a court that is recorded in a judgment or order of that court.(iii)Title IX means Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.).(d)If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that, if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.SEC. 2. Section 66282 is added to the Education Code, immediately following Section 66281.8, to read:66282. (a) It is the intent of the Legislature that the California State University annually report on the investigations and outcomes of sexual harassment reports and formal sexual harassment complaints.(b) The California State University shall, on or before December 1 of each year, submit a report to the Legislature, consistent with the requirements of Section 9795 of the Government Code, that includes all of the following information:(1) (A) The number of sexual harassment reports filed disaggregated by each individual campus and the chancellors office.(B) The number of formal sexual harassment complaints filed with the campus-based or systemwide Title IX coordinator disaggregated by each individual campus and the chancellors office. Formal sexual harassment complaints shall include all formal sexual harassment complaints that have been submitted to a Title IX office regardless of whether or not an official investigation has begun.(2) The number of formal sexual harassment complaints under investigation, the length of time taken to commence an official investigation after a formal sexual harassment complaint is filed, and the length of time taken from the beginning of an investigation to the completion of a final investigative report, disaggregated by each individual campus and the chancellors office as follows:(A) The length of time taken to commence an official investigation after a formal sexual harassment complaint is filed shall be grouped in the following categories:(i) Less than two weeks.(ii) Two weeks to one month.(iii) One to three months.(iv) Three to six months.(v) Six to 12 months.(vi) Twelve to 18 months.(vii) More than 18 months.(B) The length of time taken from the beginning of an investigation to the completion of a final investigative report shall be grouped in the following categories:(i) Less than six months.(ii) Six to 12 months.(iii) Twelve to 18 months.(iv) More than 18 months.(3) The number of hearings conducted for formal sexual harassment complaints and the outcomes of those hearings disaggregated by each individual campus and the chancellors office. The outcomes of those hearings shall be grouped in the following categories:(A) An informal resolution or settlement was agreed to by the complainant and respondent.(B) A hearing was convened and a final administrative decision was rendered by the decisionmaker.(C) A hearing is scheduled or has concluded, but the decisionmaker has not rendered a final administrative decision.(4) (A) The number of appeals requested by either the complainant or respondent disaggregated by each individual campus and the chancellors office.(B) The outcomes of the appeals identified in subparagraph (A) disaggregated by each individual campus and the chancellors office.(c) The California State University shall post the annual reports described in subdivision (b) on its internet website.(d) For purposes of this section, the following definitions apply:(1) Chancellors office means the office of the Chancellor of the California State University.(2) Final administrative decision means the written determination of whether or not sexual harassment occurred as determined by the decisionmaker following the final investigative report and the subsequent hearing.(3) Final investigative report means the final report of the summary of relevant evidence provided by the Title IX investigator to the complainant and respondent.(4) Sexual harassment has the same meaning as described in subdivision (a) of Section 66262.5.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:(a) Congress enacted Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) forbidding discrimination on the basis of sex at educational institutions receiving federal financial assistance and offering protections for students, faculty, and staff, which has been expanded to cover sexual harassment and sexual violence in addition to sex discrimination.(b) Sexual harassment and sexual violence against university students is an issue of critical importance and is prohibited by law.(c) The California State University, in its handling of sexual harassment and sexual violence complaints, especially those involving faculty, staff, and administrators, has been woefully inadequate.(d) Students who suffer from sexual harassment and sexual violence are deprived of equal and free access to an education, and data suggests that graduate and professional students are particularly vulnerable to harassment from those in a position of authority at a college or university.(e) Incidences Incidents at numerous California State University campuses across the state indicate a clear lack of safeguards, sufficient policies, professional oversight, and accountability in the California State University system.
SECTION 1. The Legislature finds and declares all of the following:(a) Congress enacted Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) forbidding discrimination on the basis of sex at educational institutions receiving federal financial assistance and offering protections for students, faculty, and staff, which has been expanded to cover sexual harassment and sexual violence in addition to sex discrimination.(b) Sexual harassment and sexual violence against university students is an issue of critical importance and is prohibited by law.(c) The California State University, in its handling of sexual harassment and sexual violence complaints, especially those involving faculty, staff, and administrators, has been woefully inadequate.(d) Students who suffer from sexual harassment and sexual violence are deprived of equal and free access to an education, and data suggests that graduate and professional students are particularly vulnerable to harassment from those in a position of authority at a college or university.(e) Incidences Incidents at numerous California State University campuses across the state indicate a clear lack of safeguards, sufficient policies, professional oversight, and accountability in the California State University system.
SECTION 1. The Legislature finds and declares all of the following:
### SECTION 1.
(a) Congress enacted Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) forbidding discrimination on the basis of sex at educational institutions receiving federal financial assistance and offering protections for students, faculty, and staff, which has been expanded to cover sexual harassment and sexual violence in addition to sex discrimination.
(b) Sexual harassment and sexual violence against university students is an issue of critical importance and is prohibited by law.
(c) The California State University, in its handling of sexual harassment and sexual violence complaints, especially those involving faculty, staff, and administrators, has been woefully inadequate.
(d) Students who suffer from sexual harassment and sexual violence are deprived of equal and free access to an education, and data suggests that graduate and professional students are particularly vulnerable to harassment from those in a position of authority at a college or university.
(e) Incidences Incidents at numerous California State University campuses across the state indicate a clear lack of safeguards, sufficient policies, professional oversight, and accountability in the California State University system.
(a)(1)Notwithstanding any other law, the trustees shall provide by rule for the government of their appointees and employees, pursuant to this chapter and other applicable law, including, but not limited to, the following: appointment; classification; terms; duties; pay and overtime pay; uniform and equipment allowances; travel expenses and allowances; rates for housing and lodging; moving expenses; leave of absence; tenure; vacation; holidays; layoff; dismissal; demotion; suspension; sick leave; reinstatement; and employers contribution to the health benefit plans of employees, annuitants, and survivors.
(2)The rules adopted by the trustees relating to tenure, layoff, dismissal, demotion, suspension, and reinstatement of academic and administrative employees shall be adopted on or before February 1, 1962, and become effective on July 1, 1962, with respect to employees who are academic teaching and administrative employees as defined in subdivision (1)(e) of Section 24301, as it read on June 30, 1961, as enacted by Section 3 of Chapter 2 of the Statutes of 1959.
(b)The adoption of these rules and regulations shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(c)The rules adopted by the trustees pursuant to this section shall do all of the following:
(1)Require each campus president and either a vice president or vice chancellor to approve all sexual harassment settlements.
(2)Require a report to the chancellors office and the Legislature, consistent with the requirements of Section 9795 of the Government Code, on the number of sexual harassment complaints filed, the length of time taken to complete the investigative process, and the disposition of those cases, disaggregated by complaints filed with each individual campus and complaints filed with the chancellors office. The report shall also be posted on the California State Universitys internet website.
(3)(A)Prohibit the opportunity to retreat for any campus employee who is classified as executive management pursuant to the Executive Management Classification Plan (M98) or is classified as management personnel pursuant to the Management Personnel Plan (M80), as those policies read on January 1, 2023, and who has been determined in a final administrative decision or a final judicial decision to have committed sexual harassment or who has violated the California State University Title IX sexual harassment policy.
(B)Notwithstanding subdivision (d), a contract for the opportunity to retreat for any employee identified in subparagraph (A) who has been determined in a final administrative decision or a final judicial decision to have committed sexual harassment or violated the California State University Title IX sexual harassment policy shall not be entered into on or after January 1, 2024, or upon the expiration of a conflicting memorandum of understanding that was in effect before January 1, 2024, whichever is later.
(C)For purposes of this paragraph, the following definitions apply:
(i)Final administrative decision means a final determination based on the investigative findings of a sexual harassment complaint by a Title IX compliance coordinator or other designated investigator at a college or university.
(ii)Final judicial decision means a final determination of a matter submitted to a court that is recorded in a judgment or order of that court.
(iii)Title IX means Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.).
(d)If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that, if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.
SEC. 2. Section 66282 is added to the Education Code, immediately following Section 66281.8, to read:66282. (a) It is the intent of the Legislature that the California State University annually report on the investigations and outcomes of sexual harassment reports and formal sexual harassment complaints.(b) The California State University shall, on or before December 1 of each year, submit a report to the Legislature, consistent with the requirements of Section 9795 of the Government Code, that includes all of the following information:(1) (A) The number of sexual harassment reports filed disaggregated by each individual campus and the chancellors office.(B) The number of formal sexual harassment complaints filed with the campus-based or systemwide Title IX coordinator disaggregated by each individual campus and the chancellors office. Formal sexual harassment complaints shall include all formal sexual harassment complaints that have been submitted to a Title IX office regardless of whether or not an official investigation has begun.(2) The number of formal sexual harassment complaints under investigation, the length of time taken to commence an official investigation after a formal sexual harassment complaint is filed, and the length of time taken from the beginning of an investigation to the completion of a final investigative report, disaggregated by each individual campus and the chancellors office as follows:(A) The length of time taken to commence an official investigation after a formal sexual harassment complaint is filed shall be grouped in the following categories:(i) Less than two weeks.(ii) Two weeks to one month.(iii) One to three months.(iv) Three to six months.(v) Six to 12 months.(vi) Twelve to 18 months.(vii) More than 18 months.(B) The length of time taken from the beginning of an investigation to the completion of a final investigative report shall be grouped in the following categories:(i) Less than six months.(ii) Six to 12 months.(iii) Twelve to 18 months.(iv) More than 18 months.(3) The number of hearings conducted for formal sexual harassment complaints and the outcomes of those hearings disaggregated by each individual campus and the chancellors office. The outcomes of those hearings shall be grouped in the following categories:(A) An informal resolution or settlement was agreed to by the complainant and respondent.(B) A hearing was convened and a final administrative decision was rendered by the decisionmaker.(C) A hearing is scheduled or has concluded, but the decisionmaker has not rendered a final administrative decision.(4) (A) The number of appeals requested by either the complainant or respondent disaggregated by each individual campus and the chancellors office.(B) The outcomes of the appeals identified in subparagraph (A) disaggregated by each individual campus and the chancellors office.(c) The California State University shall post the annual reports described in subdivision (b) on its internet website.(d) For purposes of this section, the following definitions apply:(1) Chancellors office means the office of the Chancellor of the California State University.(2) Final administrative decision means the written determination of whether or not sexual harassment occurred as determined by the decisionmaker following the final investigative report and the subsequent hearing.(3) Final investigative report means the final report of the summary of relevant evidence provided by the Title IX investigator to the complainant and respondent.(4) Sexual harassment has the same meaning as described in subdivision (a) of Section 66262.5.
SEC. 2. Section 66282 is added to the Education Code, immediately following Section 66281.8, to read:
### SEC. 2.
66282. (a) It is the intent of the Legislature that the California State University annually report on the investigations and outcomes of sexual harassment reports and formal sexual harassment complaints.(b) The California State University shall, on or before December 1 of each year, submit a report to the Legislature, consistent with the requirements of Section 9795 of the Government Code, that includes all of the following information:(1) (A) The number of sexual harassment reports filed disaggregated by each individual campus and the chancellors office.(B) The number of formal sexual harassment complaints filed with the campus-based or systemwide Title IX coordinator disaggregated by each individual campus and the chancellors office. Formal sexual harassment complaints shall include all formal sexual harassment complaints that have been submitted to a Title IX office regardless of whether or not an official investigation has begun.(2) The number of formal sexual harassment complaints under investigation, the length of time taken to commence an official investigation after a formal sexual harassment complaint is filed, and the length of time taken from the beginning of an investigation to the completion of a final investigative report, disaggregated by each individual campus and the chancellors office as follows:(A) The length of time taken to commence an official investigation after a formal sexual harassment complaint is filed shall be grouped in the following categories:(i) Less than two weeks.(ii) Two weeks to one month.(iii) One to three months.(iv) Three to six months.(v) Six to 12 months.(vi) Twelve to 18 months.(vii) More than 18 months.(B) The length of time taken from the beginning of an investigation to the completion of a final investigative report shall be grouped in the following categories:(i) Less than six months.(ii) Six to 12 months.(iii) Twelve to 18 months.(iv) More than 18 months.(3) The number of hearings conducted for formal sexual harassment complaints and the outcomes of those hearings disaggregated by each individual campus and the chancellors office. The outcomes of those hearings shall be grouped in the following categories:(A) An informal resolution or settlement was agreed to by the complainant and respondent.(B) A hearing was convened and a final administrative decision was rendered by the decisionmaker.(C) A hearing is scheduled or has concluded, but the decisionmaker has not rendered a final administrative decision.(4) (A) The number of appeals requested by either the complainant or respondent disaggregated by each individual campus and the chancellors office.(B) The outcomes of the appeals identified in subparagraph (A) disaggregated by each individual campus and the chancellors office.(c) The California State University shall post the annual reports described in subdivision (b) on its internet website.(d) For purposes of this section, the following definitions apply:(1) Chancellors office means the office of the Chancellor of the California State University.(2) Final administrative decision means the written determination of whether or not sexual harassment occurred as determined by the decisionmaker following the final investigative report and the subsequent hearing.(3) Final investigative report means the final report of the summary of relevant evidence provided by the Title IX investigator to the complainant and respondent.(4) Sexual harassment has the same meaning as described in subdivision (a) of Section 66262.5.
66282. (a) It is the intent of the Legislature that the California State University annually report on the investigations and outcomes of sexual harassment reports and formal sexual harassment complaints.(b) The California State University shall, on or before December 1 of each year, submit a report to the Legislature, consistent with the requirements of Section 9795 of the Government Code, that includes all of the following information:(1) (A) The number of sexual harassment reports filed disaggregated by each individual campus and the chancellors office.(B) The number of formal sexual harassment complaints filed with the campus-based or systemwide Title IX coordinator disaggregated by each individual campus and the chancellors office. Formal sexual harassment complaints shall include all formal sexual harassment complaints that have been submitted to a Title IX office regardless of whether or not an official investigation has begun.(2) The number of formal sexual harassment complaints under investigation, the length of time taken to commence an official investigation after a formal sexual harassment complaint is filed, and the length of time taken from the beginning of an investigation to the completion of a final investigative report, disaggregated by each individual campus and the chancellors office as follows:(A) The length of time taken to commence an official investigation after a formal sexual harassment complaint is filed shall be grouped in the following categories:(i) Less than two weeks.(ii) Two weeks to one month.(iii) One to three months.(iv) Three to six months.(v) Six to 12 months.(vi) Twelve to 18 months.(vii) More than 18 months.(B) The length of time taken from the beginning of an investigation to the completion of a final investigative report shall be grouped in the following categories:(i) Less than six months.(ii) Six to 12 months.(iii) Twelve to 18 months.(iv) More than 18 months.(3) The number of hearings conducted for formal sexual harassment complaints and the outcomes of those hearings disaggregated by each individual campus and the chancellors office. The outcomes of those hearings shall be grouped in the following categories:(A) An informal resolution or settlement was agreed to by the complainant and respondent.(B) A hearing was convened and a final administrative decision was rendered by the decisionmaker.(C) A hearing is scheduled or has concluded, but the decisionmaker has not rendered a final administrative decision.(4) (A) The number of appeals requested by either the complainant or respondent disaggregated by each individual campus and the chancellors office.(B) The outcomes of the appeals identified in subparagraph (A) disaggregated by each individual campus and the chancellors office.(c) The California State University shall post the annual reports described in subdivision (b) on its internet website.(d) For purposes of this section, the following definitions apply:(1) Chancellors office means the office of the Chancellor of the California State University.(2) Final administrative decision means the written determination of whether or not sexual harassment occurred as determined by the decisionmaker following the final investigative report and the subsequent hearing.(3) Final investigative report means the final report of the summary of relevant evidence provided by the Title IX investigator to the complainant and respondent.(4) Sexual harassment has the same meaning as described in subdivision (a) of Section 66262.5.
66282. (a) It is the intent of the Legislature that the California State University annually report on the investigations and outcomes of sexual harassment reports and formal sexual harassment complaints.(b) The California State University shall, on or before December 1 of each year, submit a report to the Legislature, consistent with the requirements of Section 9795 of the Government Code, that includes all of the following information:(1) (A) The number of sexual harassment reports filed disaggregated by each individual campus and the chancellors office.(B) The number of formal sexual harassment complaints filed with the campus-based or systemwide Title IX coordinator disaggregated by each individual campus and the chancellors office. Formal sexual harassment complaints shall include all formal sexual harassment complaints that have been submitted to a Title IX office regardless of whether or not an official investigation has begun.(2) The number of formal sexual harassment complaints under investigation, the length of time taken to commence an official investigation after a formal sexual harassment complaint is filed, and the length of time taken from the beginning of an investigation to the completion of a final investigative report, disaggregated by each individual campus and the chancellors office as follows:(A) The length of time taken to commence an official investigation after a formal sexual harassment complaint is filed shall be grouped in the following categories:(i) Less than two weeks.(ii) Two weeks to one month.(iii) One to three months.(iv) Three to six months.(v) Six to 12 months.(vi) Twelve to 18 months.(vii) More than 18 months.(B) The length of time taken from the beginning of an investigation to the completion of a final investigative report shall be grouped in the following categories:(i) Less than six months.(ii) Six to 12 months.(iii) Twelve to 18 months.(iv) More than 18 months.(3) The number of hearings conducted for formal sexual harassment complaints and the outcomes of those hearings disaggregated by each individual campus and the chancellors office. The outcomes of those hearings shall be grouped in the following categories:(A) An informal resolution or settlement was agreed to by the complainant and respondent.(B) A hearing was convened and a final administrative decision was rendered by the decisionmaker.(C) A hearing is scheduled or has concluded, but the decisionmaker has not rendered a final administrative decision.(4) (A) The number of appeals requested by either the complainant or respondent disaggregated by each individual campus and the chancellors office.(B) The outcomes of the appeals identified in subparagraph (A) disaggregated by each individual campus and the chancellors office.(c) The California State University shall post the annual reports described in subdivision (b) on its internet website.(d) For purposes of this section, the following definitions apply:(1) Chancellors office means the office of the Chancellor of the California State University.(2) Final administrative decision means the written determination of whether or not sexual harassment occurred as determined by the decisionmaker following the final investigative report and the subsequent hearing.(3) Final investigative report means the final report of the summary of relevant evidence provided by the Title IX investigator to the complainant and respondent.(4) Sexual harassment has the same meaning as described in subdivision (a) of Section 66262.5.
66282. (a) It is the intent of the Legislature that the California State University annually report on the investigations and outcomes of sexual harassment reports and formal sexual harassment complaints.
(b) The California State University shall, on or before December 1 of each year, submit a report to the Legislature, consistent with the requirements of Section 9795 of the Government Code, that includes all of the following information:
(1) (A) The number of sexual harassment reports filed disaggregated by each individual campus and the chancellors office.
(B) The number of formal sexual harassment complaints filed with the campus-based or systemwide Title IX coordinator disaggregated by each individual campus and the chancellors office. Formal sexual harassment complaints shall include all formal sexual harassment complaints that have been submitted to a Title IX office regardless of whether or not an official investigation has begun.
(2) The number of formal sexual harassment complaints under investigation, the length of time taken to commence an official investigation after a formal sexual harassment complaint is filed, and the length of time taken from the beginning of an investigation to the completion of a final investigative report, disaggregated by each individual campus and the chancellors office as follows:
(A) The length of time taken to commence an official investigation after a formal sexual harassment complaint is filed shall be grouped in the following categories:
(i) Less than two weeks.
(ii) Two weeks to one month.
(iii) One to three months.
(iv) Three to six months.
(v) Six to 12 months.
(vi) Twelve to 18 months.
(vii) More than 18 months.
(B) The length of time taken from the beginning of an investigation to the completion of a final investigative report shall be grouped in the following categories:
(i) Less than six months.
(ii) Six to 12 months.
(iii) Twelve to 18 months.
(iv) More than 18 months.
(3) The number of hearings conducted for formal sexual harassment complaints and the outcomes of those hearings disaggregated by each individual campus and the chancellors office. The outcomes of those hearings shall be grouped in the following categories:
(A) An informal resolution or settlement was agreed to by the complainant and respondent.
(B) A hearing was convened and a final administrative decision was rendered by the decisionmaker.
(C) A hearing is scheduled or has concluded, but the decisionmaker has not rendered a final administrative decision.
(4) (A) The number of appeals requested by either the complainant or respondent disaggregated by each individual campus and the chancellors office.
(B) The outcomes of the appeals identified in subparagraph (A) disaggregated by each individual campus and the chancellors office.
(c) The California State University shall post the annual reports described in subdivision (b) on its internet website.
(d) For purposes of this section, the following definitions apply:
(1) Chancellors office means the office of the Chancellor of the California State University.
(2) Final administrative decision means the written determination of whether or not sexual harassment occurred as determined by the decisionmaker following the final investigative report and the subsequent hearing.
(3) Final investigative report means the final report of the summary of relevant evidence provided by the Title IX investigator to the complainant and respondent.
(4) Sexual harassment has the same meaning as described in subdivision (a) of Section 66262.5.