A Call To Action Legislative Bill Package Overview as of March 15, 2024

The legislative bill package introduced includes SB 1491, AB 2326, AB 1905, SB 1166, AB 810, AB 2407, AB 2047, AB 2048, AB 2608, and AB 1790. These bills aim to address issues such as discriminatory events disclosure, LGBTQ+ rights, sexual harassment complaints, employee recommendations, and employment verification checks in public postsecondary education institutions. The impetus for these bills came from a report focusing on strengthening antidiscrimination policies on college campuses. Each bill serves a specific purpose, ranging from expanding rights to prohibiting certain practices related to discrimination and sexual harassment. Stakeholders, public institutions, and legislative leadership have been involved in the process since fall 2021.

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• Legislative
• Bill Package
• Public Postsecondary Education
• Discrimination
• LGBTQ+

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1. A Call To Action Legislative Bill Package as of March 15, 2024

2. Bill Package SB 1491 (Eggman) AB 2326 (Alvarez) AB 1905 (Addis) SB 1166 (Dodd) AB 810 (Friedman) AB 2407 (Hart) AB 2047 and AB 2048 (M. Fong) AB 2608 (Gabriel) AB 1790 (Connolly)

3. Impetus for the Bill Package In the Fall of 2021, Committee Staff began researching how public postsecondary education institutions could modify their hiring processes to address the Passing of the Lemon . A Call To Action report research began in Fall of 2021 and over the next three years Committee staff worked with stakeholders on how to strengthen antidiscrimination policies on college and university campuses. In Fall of 2023, Committee staff produced a first draft of the report with recommendations that were vetted by the public postsecondary education institutions and the leadership of both houses. A Final Call to Action report was published in February 2024.

4. Stand Alone Bills

5. SB 1491 (Eggman) What does the bill do? Establishes a notification process by which students who attend private postsecondary education institutions are informed of their right to disclose discriminatory events to the US Department of Education even if their institution is exempt from Title IX. Expands the definition of Sexual Orientation. Ensures the LGBTQ+ coordinators on campuses are considered confidential.

6. AB 1905 (Addis) What does this bill do? Prohibits retreat rights and the provision of a letter of recommendation to employees who are a respondent in a sexual harassment complaint where a final determination has been made or where the employee has resigned. Prohibits settlements and informal resolutions of complaints of sexual harassment if the complaint was filed against an employee by a student or if the employee was accused of committing sexual assault, sexual violence, or sexual battery. Prohibits the settlement or informal resolution from having a nondisclosure agreement. Requires if a campus is to enter into a settlement or an informal resolution it must be approved by the campus chief executive officer and the board of the system or the case of the CCC the district governing board.

7. AB 810 (Friedman) What does this bill do? Requires all public higher education institutions to implement UC Davis policy to conduct employment verification checks to determine if the applicant for an athletic, academic, or administrative positon has any substantiated allegations of misconduct from their previous employer.

8. Bill Package SB 1491 -Protections for LGBTQ+ students. AB 1905 Restricts the use of retreat rights, letters of recommendations, settlements, and informal resolutions. AB 810 Requires additional employment verifications to ensure campuses are not hiring sexual harassers.

9. Bills that work in tandem with each other

10. Campus-Based Bills: AB 2048 (M.Fong) What does AB 2048 do? Codifies the requirement for each campus of the CSU and UC and each community college district to have a stand-alone, independent, Title IX office. The Title IX office will do the following: Administer trainings (details provided in Asm. Gabriel s bill) Adjudicate complaints of sex discrimination Provide supportive measures in tandem with Confidential Advocates (established by Asm. Irwin s bill) Maintain a case management system Develop and implement a comprehensive prevention and outreach campaign Meet with the campus leader once every three months to report on the activities of Title IX office Meet with the systemwide coordinator to report on the activities of Title IX office

11. Campus Based Bills: AB 2492 (Irwin) What does the bill do? Establishes the following positions on campus to assist students, faculty, and staff during the adjudication of a complaint of sexual harassment: Respondent Services Coordinator Student Confidential Advocate Employee Confidential Advocate Separate and independent from the Title IX office but able to assist in connecting to the Title IX office and able to provide supportive measures if the victim does not file a formal complaint.

12. Campus-Based Bills: AB 2608 (Gabriel) What does the bill do? Requires campuses to include drug-facilitated sexual assault prevention training to their sexual harassment training as required by law.

13. Structure of Campus Bills Works with Confidential Advocates (AB 2492) To provide supportive measures to students and employees AB 2408 (Campus Based Offices) Implements training based on AB 2608 Provides the training to students.

14. Bill Package SB 1491 -Protections for LGBTQ+ students. AB 1905 Restricts the use of retreat rights, letters of recommendations, settlements, and informal resolutions. AB 810 Requires additional employment verifications to ensure campuses are not hiring sexual harassers. AB 2048 Campus-based Title IX offices AB 2492 Campus-based confidential advocates and respondent coordinators AB 2608 Provides specifics for the training administered by CCC, CSU, and UC campuses

15. Systemwide Bills AB 2047 (M. Fong) What does the bill do? Establish Systemwide Office of Civil Rights (Title IX) and a Systemwide Title IX coordinator. The systemwide office is tasked with: Establishing a systemwide nondiscrimination policy and updating the policy annually (AB 2326 has the Governing board of the systemwide office approving the changes to the policy) Adjudicates complaints against a campus leader or campus Title IX coordinator, board members of the systemwide board, and complaints against employees of the systemwide office Provide annual training for personnel in campus-based Title IX offices Establish best practices and guidance for the prevention of sex discrimination Oversee and monitor the campus/district offices to ensure complaints are being adjudicated properly Develop and implement a comprehensive prevention and training programs for the whole system (this bill creates it and AB 2048 administers it on campus) Processes appeals Establishes a list of regionally based hearing officers to hear complaints on campus Establishes disciplinary sanctions for the whole system Compiles the three month evaluations into a report that is presented to the systemwide governing board during a public hearing Annually assess whether the office needs additional staff

16. Bill Package SB 1491 -Protections for LGBTQ+ students. AB 1905 Restricts the use of retreat rights, letters of recommendations, settlements, and informal resolutions. AB 810 Requires additional employment verifications to ensure campuses are not hiring sexual harassers. AB 2048 Campus-based Title IX offices AB 2492 Campus-based confidential advocates and respondent coordinators AB 2608 Provides specifics for the training administered by CCC, CSU, and UC campuses AB 2047 Systemwide Title IX or Civil Rights offices

17. Reporting Bills SB 1166 (Dodd) Establishes annual reporting requirements for the CCC and the CSU and requests the UC to conduct an annual report on the outcome of complaints and a summation of activities undertaken by each campus to prevent sex discrimination. The reports are required to be presented to the systemwide board during the annual presentation established by AB 2047. The report would be provided by December 1 of each year and would have the previous academic year information so December 2024 would have the 2023-2024 academic year information.

18. Reporting Bills AB 2407 (Hart) Requires the California State Auditor to conduct an audit every three years to examine the CCC, CSU, and UC s ability to address and prevent sexual harassment on campus. The audits will examine both the systemwide offices and campuses within the systems for their compliance with state and federal laws. The audits will examine three CSU and three UC and three CCC districts. The audits will be published in September.

19. Reporting Bills AB 2326 (Alvarez) Establishes the entities who are responsible for ensuring campus programs are free from discrimination and who has the authority to oversee and monitor compliance with state and federal laws. Requires the Chair of the Systemwide Governing Board and the Systemwide Leader to present to the legislature annually on the state of the system in preventing discrimination on campus. Requires the systemwide governing boards to review the system s nondiscrimination policies and to update them if necessary (Some overlap with AB 2047).

20. Bill Package SB 1491 -Protections for LGBTQ+ students. AB 1905 Restricts the use of retreat rights, letters of recommendations, settlements, and informal resolutions. AB 810 Requires additional employment verifications to ensure campuses are not hiring sexual harassers. AB 2048 Campus-based Title IX offices AB 2492 Campus-based confidential advocates and respondent coordinators AB 2608 Provides specifics for the training administered by CCC, CSU, and UC campuses AB 2047 Systemwide Title IX or Civil Rights offices SB 1166 Annual reporting requirements from each campus AB 2407 State Auditor to conduct audits to ensure compliance every three years AB 2326 Annual systemwide report to the Legislature in a hearing on the state of preventing discrimination on campus.

21. Structure of Reporting Bills AB 2048 Campus Title IX provide 3 month evaluation AB 2047 Systemwide Office compiles evaluations and presents on the state of the system to the Boards (No date yet) SB 1166 The system compiles a report to the Legislature on the adjudication of complaints (December) AB 2326 Annual presentation to the Legislature on state of preventing all forms of discrimination on campus. AB 1790 Updates on the CSU implementation of the State Audit. AB 2407 State Audit every three years

22. AB 1790 Connolly Requires the CSU to implement the recommendations from the State Audit by January 1, 2026 and to submit an initial report on July 1, 2025 and a final report on December 1, 2026 as to the status of implementing the California State Auditor s recommendations. Some overlap with the other bills, but the other bills provide specificity that is lacking in the state auditor s recommendations. Furthermore the other bills apply to the CCC and the UC.