Added by Stats. 1998, Ch. 914, Sec. 49. Effective January 1, 1999.
The provisions of this article are supplemental to any provision in the Constitution or laws of the United States or laws of the State of California, relating to discrimination.
Article 4 - Sex Equity in Education
California Education Code — §§ 66271.5-66284
Sections (25)
Added by Stats. 2003, Ch. 660, Sec. 2. Effective January 1, 2004.
The Legislature finds and declares all of the following:
(a)On June 23, 1972, Congress enacted Title IX of the Education Amendments of 1972 to the 1964 Civil Rights Act. This landmark legislation provides that: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance.”
(b)While Title IX applies to all aspects of educational opportunities, it is well-known for opening the door to athletics for girls and women.
(c)In 1975, the United States Department of Health, Education and Welfare enacted regulations requiring that secondary and postsecondary schools comply with Title IX immediately. Those that could show real barriers to immediate compliance had just three years to meet the regulations, including equalizing their athletic programs.
(d)California state law has included several athletic equity provisions similar to those in Title IX since 1976. For example, the Sex Equity in Education Act provides, in subdivision (a) of Section 221.7, that: “It is the intent of the Legislature that opportunities for participation in athletics be provided equally to male and female pupils.” Similar provisions are expressly applicable to community colleges and the California State University.
(e)Enhancing athletic opportunities for young women and girls is vitally important because of the significant benefits athletic opportunities provide including greater academic success, better physical and psychological health, responsible social behaviors, and enhanced interpersonal skills. For some women and girls, the financial support made available through athletic scholarships can make it possible to attend college.
(f)Title IX has promoted significant advances for women and girls to participate in sports. While fewer than 32,000 women participated in college sports nationally prior to the enactment of Title IX, today approximately 163,000 women participate—a nearly five fold—or more than 400 percent increase. Athletic opportunities for girls at the high school level nationally have grown even more dramatically—from 294,000 in 1972 to 2,800,000 today—an 894 percent increase. California boasts the second highest number of high school girls participating in athletics nationwide—a total of 270,000 girls in California’s high schools now participate in interscholastic athletics.
(g)Men’s intercollegiate athletic participation has also increased, rising from approximately 220,000 in 1981–82 to approximately 232,000 in 1998–99. Between 1981–82 and 1998–99, football participation increased by 7,199; men’s participation in baseball, lacrosse, and soccer also increased during the same time period. High school boys’ participation rates have also increased—jumping 8.2 percent in the last three years in California.
(h)The dramatic increases in participation rates at both the high school and college levels since Title IX was passed show that when doors are opened to women and girls, they will rush through. Courts have repeatedly recognized that it is unfounded and unlawful to claim that women and girls are less interested in sports than men and boys. As one court stated, “interest and ability rarely develop in a vacuum; they evolve as a function of opportunity and experience . . .” (Cohen v. Brown University (1st Cir. 1996) 101 F.3d 155, 179). Accordingly, courts have repeatedly rejected arguments that the assessed interest level of girls in athletics should determine Title IX compliance (Neal v. California State University (9th Cir. 1999) 198 F.3d. 763, 767). Thus, interest surveys cannot accurately determine whether an educational institution has effectively accommodated the interests and abilities of female students.
(i)The United States Department of Education uses a three-part test adopted in 1979 to determine whether an educational institution has met the key Title IX requirement that a school “effectively accommodate the interests and abilities of members of both sexes” when it comes to athletic participation. All three prongs of the test have been used successfully by schools to comply with Title IX, and have given schools flexibility in structuring their athletic programs. The three-part test neither imposes quotas or requires preferential treatment, nor requires mirror-image men’s and women’s sports programs. The lawfulness of the three-part test has been affirmed by every federal appellate court to consider the issue.
(j)Despite major advances in athletic opportunities for females since 1972, discrimination still limits athletic opportunities for girls and women at all educational levels today. For example, although women in Division I colleges are 53 percent of the student body, they receive only 41 percent of the opportunities to play sports, 36 percent of the overall athletic operating budgets, and 32 percent of the dollars spent to recruit new athletes.
(k)In California, the percentage of female athletes at California State University (CSU) campuses actually declined from 36 percent in 1977 to 30 percent in 1990. In 1993, California National Organization for Women (Cal NOW) filed suit against the CSU system alleging violations of California’s gender equity in athletics law. Ultimately, CSU and Cal NOW entered into a consent decree focusing on participation, expenditures, and grants-in-aid for women athletes. As a result of the consent decree, women now comprise over 52 percent of CSU athletes, expenditures on women’s sports have increased 315 percent in the last 10 years and grants-in-aid for female athletes have increased 232 percent during the same time period.
(l)Despite major gains for women under California and federal law, inequities in the treatment of men’s and women’s and boys’ and girls’ athletic teams at some educational institutions remain. These inequities include, but are not limited to, all of the following:
(1)Participation rates for women and girls.
(2)Number of sports offered.
(3)Number of levels of teams.
(4)Encouragement by spirit and band groups.
(5)Facilities.
(6)Locker rooms.
(7)Scheduling of games and practice times.
(8)Level of financial support by the district, school, booster club or clubs, and outside sponsors.
(9)Treatment of coaches.
(10)Opportunities to receive coaching and academic tutors.
(11)Travel and per diem allowance.
(12)Medical and training facilities and services.
(13)Housing and dining facilities and services.
(14)Scholarship money.
(15)Publicity.
(m)Educational institutions at all levels are strongly encouraged to take immediate active steps toward full compliance with Title IX and California’s gender equity in athletics laws by reviewing all aspects of their athletic program, including those factors listed in subdivision (l) where appropriate, to ensure that they are offering male and female student athletes equivalent opportunities to play sports and that they are treating male and female athletes fairly. The need to encourage and increase athletic participation by girls and women is especially strong at educational institutions serving inner-city and urban communities. Full compliance with Title IX is nondiscretionary.
Amended by Stats. 2003, Ch. 660, Sec. 3. Effective January 1, 2004.
(a)It is the policy of the state that community college classes and courses, including nonacademic and elective classes and courses, shall be conducted without regard to the sex of the student enrolled in these classes and courses.
(b)No community college district shall prohibit any student from enrolling in any class or course on the basis of the sex of the student.
(c)No community college district shall require students of one sex to enroll in a particular class or course, unless the same class or course is also required of students of the opposite sex.
(d)No school counselor, teacher, instructor, administrator, or aide shall, on the basis of the sex of a student, offer vocational or school program guidance to students of one sex which is different from that offered to students of the opposite sex or, in counseling students, differentiate career, vocational or higher education opportunities on the basis of the sex of the student counseled. Any school personnel acting in a career counseling or course selection capacity to any pupil shall affirmatively explore with the pupil the possibility of careers, or courses leading to careers, that are nontraditional for that pupil’s sex.
(e)Participation in a particular physical education activity or sport, if required of students of one sex, shall be available to students of each sex.
Amended by Stats. 2004, Ch. 183, Sec. 81. Effective January 1, 2005.
(a)The Legislature finds and declares that female students should be accorded opportunities for participation in public postsecondary educational institution athletic programs equivalent to those accorded male students.
(b)In apportioning public funds, public postsecondary educational institutions shall apportion amounts available for athletics to ensure that equitable amounts will be allocated for all students, except that allowances may be made for differences in the costs of various athletic programs. Notwithstanding any other provision of law, no public funds shall be used in connection with any athletic program conducted under the auspices of a public postsecondary educational institution, or any student organization within the postsecondary educational institution, that does not provide equivalent opportunity to both sexes for participation and use of facilities. The factors considered when determining whether an educational institution has provided equivalent opportunity include, but are not limited to, all of the following:
(1)Whether the selection of sports and levels of competition offered effectively accommodate the athletic interests and abilities of members of both sexes.
(2)The provision of equipment and supplies.
(3)Scheduling of games and practice times.
(4)Selection of the season for a sport.
(5)Location of the games and practices.
(6)Compensation for coaches.
(7)Travel arrangements.
(8)Per diem.
(9)Locker rooms.
(10)Practice and competitive facilities.
(11)Medical services.
(12)Housing facilities.
(13)Dining facilities.
(14)Scholarships.
(15)Publicity.
(c)Whether a postsecondary educational institution has effectively accommodated the athletic interests and abilities of members of both sexes shall be assessed in any one of the following ways:
(1)Whether intercollegiate level participation opportunities for male and female students are provided in numbers substantially proportionate to their respective enrollments.
(2)Where the members of one sex have been and are underrepresented among intercollegiate athletes, whether the institution can show a history and continuing practice of program expansion that is demonstrably responsive to the developing interest and abilities of the members of that sex.
(3)Where the members of one sex are underrepresented among intercollegiate athletes, and the institution cannot show a history and continuing practice of program expansion as required in paragraph (2), whether the institution can demonstrate that the interests and abilities of the members of that sex have been fully and effectively accommodated by the present program.
(d)Nothing in this section shall be construed to invalidate any existing consent decree or any other settlement agreement entered into by an educational institution to address gender equity in athletic programs.
(e)Nothing in this section shall be construed to require a public postsecondary educational institution to require competition between male and female students in school-sponsored athletic programs.
(f)If an educational institution must cut its athletic budget, the educational institution shall do so consistently with its legal obligation to comply with both state and federal gender equity laws.
(g)It is the intent of the Legislature that the three-part test articulated in subdivision (c) be interpreted as it has been in the policies and regulations of the Office of Civil Rights in effect on January 1, 2003.
Added by Stats. 2018, Ch. 947, Sec. 2. (AB 2785) Effective January 1, 2019.
(a)The California Community Colleges and the California State University shall, and a satellite campus of these systems and the University of California are encouraged to, provide reasonable accommodations on their respective campuses for a lactating student to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding. Reasonable accommodations under this section include, but are not limited to, all of the following:
(1)Access to a private and secure room, other than a restroom, to express breast milk or breast-feed an infant child. The room shall have a comfortable place to sit and have a table or shelf to place
equipment described in paragraph (3).
(2)Permission to bring onto a college or university campus a breast pump and any other equipment used to express breast milk.
(3)Access to a power source for a breast pump or any other equipment used to express breast milk.
(b)Lactating students on a college or university campus shall be provided a reasonable amount of time to accommodate their need to express breast milk or breast-feed an infant child.
(c)A campus of the California Community Colleges or the California State University may use an existing facility to meet the requirements specified in subdivision (a).
(d)Students shall not incur an academic penalty as a result of their use of the reasonable accommodations specified in this section, and shall be provided the opportunity to make up any work missed due to such use.
(e)Upon the construction of a new campus of the California Community Colleges or the California State University, the replacement, expansion, or renovation costing five million dollars ($5,000,000) or more involving plumbing of an existing building regularly used by students, including a student center, or the construction of a new building
costing five million dollars ($5,000,000) or more designed for use by students, the respective educational institution shall provide a sink in addition to the accommodations described in subdivision (a) in a room in the newly constructed campus or building, or in a room in the replaced, expanded, or renovated building. This subdivision only applies to an educational institution if the campus room currently designated for a lactating student to express breast milk or breast-feed an infant child does not have a sink.
(f)This section does not require an existing room designated for a lactating student to express breast milk or breast-feed an infant child to have a sink.
(g)The lactation accommodation shall be available to a student whenever a student is required to
be present on campus.
(h)(1) A complaint of noncompliance with the requirements of this section may be filed consistent with Subchapter 5 (commencing with Section 59300) of Chapter 10 of Division 6 of Title 5 of the California Code of Regulations. If the complaint is found to have merit, the campus or appropriate appellate body shall provide a remedy to the affected student.
(2)A complaint of noncompliance with the requirements of this section may be filed consistent with the procedures established by the California State University for complaints by students of discrimination based on disability, gender, or other applicable characteristics, and a student shall be afforded any remedies the student is entitled to pursuant to those procedures.
(i)This section does not infringe on any right to breast-feed in public pursuant to Section 43.3 of the Civil Code or any other law.
(j)The requirements in this section shall be implemented by the California Community Colleges and the California State University, and the University of California is urged to implement the requirements in this section, no later than January 1, 2020.
Added by renumbering Section 222 by Stats. 1998, Ch. 914, Sec. 19. Effective January 1, 1999.
This article shall not apply to an educational institution whose primary purpose is the training of individuals for the military services of the United States, or the merchant marine.
Added by Stats. 1998, Ch. 914, Sec. 49. Effective January 1, 1999.
This article shall not apply to the membership practices of a social fraternity or social sorority, exempt from taxation under subdivision (a) of Section 501 of the federal Internal Revenue Code of 1954, whose active membership consists primarily of students in attendance at a postsecondary educational institution.
Added by renumbering Section 226 by Stats. 1998, Ch. 914, Sec. 22. Effective January 1, 1999.
This article shall not apply to any scholarship or other financial assistance awarded by a postsecondary educational institution to any individual upon the basis of a combination of factors related to the individual’s personal appearance, poise, and talent as an award in any pageant in which participation is limited exclusively to individuals of one sex, provided that the pageant complies with other nondiscrimination provisions of state and federal law.
Added by renumbering Section 227 by Stats. 1998, Ch. 914, Sec. 23. Effective January 1, 1999.
In regard to admissions to educational institutions, this article shall apply only to institutions of vocational, professional, or postgraduate education, and to public postsecondary education institutions.
Added by renumbering Section 228 by Stats. 1998, Ch. 914, Sec. 24. Effective January 1, 1999.
In regard to admissions to educational institutions, this article shall not apply to any public institution of undergraduate higher education which traditionally and continually from its establishment has had a policy of admitting only students of one sex.
Added by Stats. 2024, Ch. 693, Sec. 1. (AB 2047) Effective January 1, 2025.
(a)(1) Notwithstanding any other law, and in furtherance of complying with Section 66270, each campus of the California State University shall establish, on or before July 1, 2026, a Title IX office in a private space for students and employees to disclose reports and complaints of sex discrimination, including, but not limited to, sexual harassment. The established Title IX office space may be located within an existing office on campus, including, but not limited to, a civil rights office or antidiscrimination office. The Title IX office shall be under the administration of a Title IX coordinator who shall be responsible for coordinating the campus’ implementation of and compliance with the systemwide nondiscrimination policy established pursuant to Section 66280.
(2)The Title IX office shall do all of the following:
(A)Ensure timely and effective responses to reports and complaints of sex discrimination, including, but not limited to, sexual harassment.
(B)Provide supportive measures to complainants, and, as applicable, respondents.
(C)Provide a process of adjudicating and resolving complaints of sex discrimination, including, but not limited to, sexual harassment, pursuant to the systemwide nondiscrimination policy established pursuant to Section 66280.
(D)Maintain a case management system that includes all of the following information for each complaint of sex discrimination, including, but not limited to, sexual harassment:
(i)The date of the complaint and the date, nature, and location of the alleged incident or incidents.
(ii) The name of the person who reported the complaint and the person’s affiliation with the campus, or whether the complaint was reported anonymously.
(iii) The name and title of the person who received the complaint.
(iv) The name of the person alleged to have experienced sex discrimination and their affiliation with the campus.
(v)The name of the respondent and the respondent’s affiliation with the campus.
(vi) Any campus community context, including, but not limited to, the athletic team, student organization, or campus
department or office where the alleged incident or incidents occurred.
(vii) Whether the complaint was received by the campus, along with a copy of the notice of allegations provided to the parties. If the campus dismissed the complaint, a copy of the written notice of dismissal provided to the parties with the reason for the dismissal.
(viii) Whether the campus opened an investigation of the complaint and, if applicable, its reason for declining to investigate the complaint.
(ix) The name of the person assigned to investigate the complaint, and the name of the person assigned to implement any supportive measures pursuant to subparagraph (B).
(x)All supportive measures offered and implemented in response to the complaint pursuant to subparagraph
(B).
(xi) The names of all witnesses identified by either party, interview notes or summaries, if available, and, for any witnesses who were not interviewed, an explanation of why they were not interviewed.
(xii) Once completed, the final investigative report for the complaint and any response made to the final investigative report by the complainant or respondent.
(xiii) The outcome of the complaint, including, if applicable, the rulings from a hearing on the complaint and any disciplinary measures.
(xiv) The remedies implemented by the Title IX coordinator and the campus, if applicable, to deter and prevent the recurrence of sex discrimination incidents.
(E) Develop and implement a
prevention and outreach program on sex discrimination, including, but not limited to, sexual harassment. This program shall be reviewed and, if necessary, updated annually to address sex discrimination incidents and prevent the recurrence of sex discrimination incidents. The program shall do all of the following:
(i)Address a range of strategies to prevent sex discrimination, including, but not limited to, a survivor empowerment program, a public awareness campaign, primary prevention, bystander intervention, and risk reduction.
(ii) Provide to students, faculty, and staff information regarding the protocols for reporting complaints of sex discrimination, including the name, office location, and contact information of the Title IX coordinator, by both of the following means:
(I) Emailing the information to each
student, faculty member, and staff member at the beginning of each academic semester or other academic term.
(II) Including the information as part of an on-campus orientation program pursuant to Section 67385.7.
(F) Develop and implement a campus prevention training program for students, faculty, and staff. The campus prevention training shall do, or include, but not be limited to, all of the following:
(i)Incorporate required bystander intervention training, policy awareness training, and primary prevention training.
(ii) Adopt an approach of intersectionality that calls for a pursuit of culturally relevant programs and practices that name and meaningfully consider how students, faculty, and staff of various identities, including, but not limited to,
race, national origin, gender identity, class, sexual orientation, and ability, interact with each other.
(iii) Training that contains feedback loops to determine if the training is having the intended effect.
(iv) Training that complies with Section 67385.7.
(v)In response to patterns of occurrences of sex discrimination incidents, provide additional prevention training to student organizations on campus, including, but not limited to, college-affiliated fraternities and sororities, athletic teams, and students who reside on campus.
(b)(1) The Title IX coordinator shall have the authority and responsibility to implement a consistent campuswide response to complaints of sex discrimination, including, but not limited to, sexual
harassment. The Title IX coordinator shall have the experience, training, and expertise necessary to coordinate and carry out the systemwide nondiscrimination policy established pursuant to Section 66280. The Title IX coordinator shall operate with the authority, independence, and resources necessary to fulfill the duties required by this section. The Title IX coordinator shall be a full-time position, and shall be responsible for preventing and addressing sex discrimination, including, but not limited to, sexual harassment, on campus.
(2)The Title IX coordinator shall meet, on or before September 1, 2026, and at least once every three months thereafter, with the campus president to provide an update on the Title IX office’s compliance with paragraph (2) of subdivision (a). The update shall include how the campus is fulfilling the obligation to provide educational programs free from sex discrimination. Beginning on September 1, 2027, and each
year thereafter, an annual summary of the updates shall be posted on the campus internet website.
(c)Beginning with the 2026–27 academic year, the Title IX coordinator and the president of the campus shall assess whether additional staffing or resources are needed by the Title IX office to fulfill the duties of the Title IX office established pursuant to this section. If additional staff or resources are needed, the Title IX coordinator and the president of the campus shall make a request for the additional staffing or resources to be included in the annual systemwide budget request made by the system to the Governor, in compliance with the policies established by the system for making budgetary requests.
Added by Stats. 2024, Ch. 693, Sec. 2. (AB 2047) Effective January 1, 2025.
(a)(1) Notwithstanding any other law, and in furtherance of complying with Section 66270, each campus of the University of California shall designate, on or before July 1, 2026, a private space, known as the Title IX office, for students and employees to disclose reports and complaints of sex discrimination, including, but not limited to, sexual harassment. The designated Title IX office space may be located within an existing office on campus, including, but not limited to, a civil rights office or antidiscrimination office. The Title IX office shall be under the administration of a Title IX coordinator who shall be responsible for coordinating the campus’ implementation of and compliance with the systemwide nondiscrimination policy identified and maintained pursuant to Section
66280.5.
(2)The Title IX coordinator and designated staff shall do all of the following:
(A)Oversee and ensure timely and effective responses to reports and complaints of sex discrimination, including, but not limited to, sexual harassment.
(B)Oversee the provision of supportive measures to complainants, and, as applicable, respondents.
(C)Oversee the process of adjudicating and resolving complaints of sex discrimination, including, but not limited to, sexual harassment, pursuant to the systemwide nondiscrimination policy identified and maintained pursuant to Section 66280.5.
(D)Maintain a case management system that includes all of the following information for each complaint of sex
discrimination, including, but not limited to, sexual harassment:
(i)The date of the complaint and the date, nature, and location of the alleged incident or incidents.
(ii) The name of the person who reported the complaint and the person’s affiliation with the campus, or whether the complaint was reported anonymously.
(iii) The name and title of the person who received the complaint.
(iv) The name of the person alleged to have experienced sex discrimination and their affiliation with the campus.
(v)The name of the respondent and the respondent’s affiliation with the campus.
(vi) Any campus community context, including, but
not limited to, the athletic team, student organization, or campus department or office where the alleged incident or incidents occurred.
(vii) A copy of the notice of allegations provided to the parties. If the campus dismissed the complaint, a copy of the written notice of dismissal provided to the parties with the reason for the dismissal.
(viii) Whether the campus opened an investigation of the complaint and, if applicable, its reason for declining to investigate the complaint.
(ix) The name of the person assigned to investigate the complaint, and the name of the person assigned to implement any supportive measures pursuant to subparagraph (B).
(x)All supportive measures offered and implemented in response to the complaint pursuant to subparagraph
(B).
(xi) The names of all witnesses identified by either party, interview notes or summaries, if available, and, for any witnesses who were not interviewed, an explanation of why they were not interviewed.
(xii) Once completed, the final investigative report for the complaint and any response made to the final investigative report by the complainant or respondent.
(xiii) The outcome of the complaint, including, if applicable, the rulings from a hearing on the complaint and any disciplinary measures.
(xiv) The remedies implemented by the Title IX coordinator and the campus, if applicable, to deter and prevent the recurrence of sex discrimination incidents.
(E) Oversee the development and
implementation of a prevention and outreach program on sex discrimination, including, but not limited to, sexual harassment. This program shall be reviewed and, if necessary, updated annually to address sex discrimination incidents and prevent the recurrence of sex discrimination incidents. The program shall do all of the following:
(i)Address a range of strategies to prevent sex discrimination, including, but not limited to, a survivor empowerment program, a public awareness campaign, primary prevention, bystander intervention, and risk reduction.
(ii) Provide to students, faculty, and staff information regarding the protocols for reporting complaints of sex discrimination, including the name, office location, and contact information of the Title IX coordinator, by both of the following means:
(I) Emailing the
information to each student, faculty member, and staff member at the beginning of each academic semester or other academic term.
(II) Including the information as part of an on-campus orientation program pursuant to Section 67385.7.
(F) Oversee the development and implementation of a campus prevention training program for students, faculty, and staff. The campus prevention training shall do, or include, all of the following:
(i)Incorporate required bystander intervention training, policy awareness training, and primary prevention training.
(ii) Adopt an approach of intersectionality that calls for a pursuit of culturally relevant programs and practices that name and meaningfully consider how students, faculty, and staff of various identities,
including, but not limited to, race, national origin, gender identity, class, sexual orientation, and ability, interact with each other.
(iii) Training that contains feedback loops to determine if the training is having the intended effect.
(iv) Training that complies with Section 67385.7.
(v)In response to patterns of occurrences of sex discrimination incidents, provide additional prevention training to student organizations on campus, including, but not limited to, college-affiliated fraternities and sororities, athletic teams, and students who reside on campus.
(b)(1) The Title IX coordinator shall have the authority and responsibility to implement a consistent campuswide response to complaints of sex discrimination,
including, but not limited to, sexual harassment. The Title IX coordinator shall have the experience, training, and expertise necessary to coordinate and carry out the systemwide nondiscrimination policy identified and maintained pursuant to Section 66280.5. The Title IX coordinator shall operate with the authority, independence, and resources necessary to fulfill the duties required by this section. The Title IX coordinator shall be a full-time position, and shall be responsible for overseeing campuswide efforts to prevent and address sex discrimination, including, but not limited to, sexual harassment, on campus.
(2)The Title IX coordinator shall meet, on or before September 1, 2026, and at least once every three months thereafter, with the campus chancellor to provide updates on the Title IX office’s compliance with paragraph (2) of subdivision (a). The updates shall include an update on how the campus is fulfilling the obligation to
provide educational programs free from sex discrimination. Beginning on September 1, 2027, and each year thereafter, an annual summary of the updates shall be posted on the campus internet website.
(c)Beginning with the 2026–27 academic year, the Title IX coordinator shall recommend to the chancellor of the campus whether additional staffing or resources are needed to fulfill the duties required by this section. If additional staff or resources are needed, the chancellor of the campus shall make a request for the additional staffing or resources, in compliance with the policies established by the system for making budgetary requests.
(d)Notwithstanding Section 67400, this section shall apply to the University of California.
Added by Stats. 2024, Ch. 693, Sec. 3. (AB 2047) Effective January 1, 2025.
(a)Notwithstanding any other law, in order to be in compliance with Section 66270, the California State University shall do both of the following on or before July 1, 2026:
(1)Establish a systemwide Office of Civil Rights for the purpose of ensuring campus programs and activities are free from sex discrimination. The office shall be led by the systemwide civil rights officer designated pursuant to paragraph (2), who shall report on a periodic and regular basis to the Chancellor of the California State University and the Trustees of the California State University about the status of the implementation of the systemwide nondiscrimination policies pursuant to this section. The systemwide civil rights officer shall be responsible for coordinating
the system’s implementation of and compliance with the systemwide nondiscrimination policies established pursuant to this section.
(2)Establish the position of, and designate a staff person as, the systemwide civil rights officer to monitor the system’s compliance with Section 66292.1. The systemwide civil rights officer shall have the experience, training, and expertise necessary to coordinate and carry out the requirements of the systemwide Office of Civil Rights pursuant to this section, and to, if necessary, recruit, hire, and train personnel to carry out the requirements of this section.
(b)The systemwide Office of Civil Rights established pursuant to paragraph (1) of subdivision (a) shall do all of the following:
(1)In consultation with confidential advocates, sexual assault and domestic violence counselors,
students, faculty, and staff, establish and adopt a single, systemwide nondiscrimination policy for the entire system. The policy shall incorporate state and federal law pertaining to the prevention of sex discrimination, including, but not limited to, Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681, et seq.) and Sections 66281.4, 66281.5, 66281.8, 67385, 67385.7, and 67386.
(2)In accordance with the policy adopted pursuant to paragraph (1), develop and implement a grievance procedure for prompt and equitable processing, adjudication, and resolution of all complaints of sex discrimination filed by students, faculty, or staff in which the respondent is any of the following:
(A)A campus president.
(B)A campus Title IX coordinator.
(C)An employee of the office of the Chancellor of the California State University.
(D)A member of the Trustees of the California State University.
(E)The Chancellor of the California State University.
(3)Adjudicate any complaints described in paragraph (2) in accordance with the systemwide nondiscrimination policy adopted pursuant to paragraph (1).
(4)Provide annual training for personnel in Title IX offices on a campus of the California State University.
(5)Establish and serve as a resource for the implementation of the best practices guidance for the prevention of sex discrimination and the adjudication of complaints of sex discrimination as required by the systemwide
nondiscrimination policy adopted pursuant to paragraph (1).
(6)Process appeals for sex discrimination complaints pursuant to Section 66292.3.
(7)(A) Conduct a compliance review, at least once every three years, of each campus of the California State University to determine whether they are complying with the systemwide nondiscrimination policy pursuant to paragraph (1) and the best practices established pursuant to paragraph (5).
(B)The compliance reviews conducted pursuant to subparagraph (A) shall be presented during a public session of the Trustees of the California State University in the year the review is completed and shall be made public on the internet website of the trustees and on the campus internet website.
(8)Establish a range of disciplinary sanctions for respondents who are students, faculty, or staff of the system and who are found to have violated the system’s nondiscrimination policy.
(9)Annually assess whether the systemwide Office of Civil Rights requires additional staffing or resources to comply with this section, and, if required, make a request for the additional staffing or resources to be included in the annual systemwide budget request made by the system to the Governor, in compliance with the policies established by the system for making budgetary requests.
Amended by Stats. 2025, Ch. 67, Sec. 63. (AB 1170) Effective January 1, 2026.
(a)Notwithstanding any other law, in order to be in compliance with Section 66270, the University of California shall do both of the following on or before July 1, 2026:
(1)Designate a systemwide Office of Civil Rights for the purpose of ensuring campus programs and activities are free from sex discrimination. The office shall be led by the systemwide civil rights officer designated pursuant to paragraph (2), who shall report on a periodic basis to the President of the University of California and the Regents of the University of California about the status of the implementation of the systemwide nondiscrimination policies pursuant to this section. The systemwide civil rights officer shall be responsible for coordinating the system’s implementation of and
compliance with the systemwide nondiscrimination policies established pursuant to this section.
(2)Establish the position of, and designate a staff person as, the systemwide civil rights officer to monitor the system’s compliance with Section 66292.2. The systemwide civil rights officer shall have the experience, training, and expertise necessary to coordinate and carry out the requirements of the systemwide Office of Civil Rights pursuant to this section, and to, if necessary, recruit, hire, and train personnel to carry out the requirements of this section.
(b)The systemwide Office of Civil Rights established pursuant to paragraph (1) of subdivision (a) shall do all of the following:
(1)Identify and maintain a single, systemwide nondiscrimination policy for the entire system. The policy shall incorporate state
and federal law pertaining to the prevention of sex discrimination, including, but not limited to, Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681, et seq.) and Sections 66281.4, 66281.5, 66281.8, 67385, 67385.7, and 67386.
(2)In accordance with the policy identified and maintained pursuant to paragraph (1), develop and implement a grievance procedure for prompt and equitable processing, adjudication, and resolution of all complaints of sex discrimination filed by students, faculty, or staff in which the respondent is any of the following:
(A)A campus chancellor.
(B)A campus Title IX coordinator.
(C)An employee of the office of the President of the University of California.
(D)A member of the Regents of the University of California.
(E)The President of the University of California.
(3)Oversee the adjudication of any complaints described in paragraph (2) in accordance with the systemwide nondiscrimination policy identified and maintained pursuant to paragraph (1).
(4)Oversee the annual training for personnel in Title IX offices on a campus of the University of California.
(5)Establish and serve as a resource for the implementation of best practices guidance for the prevention of sex discrimination and the adjudication of complaints of sex discrimination as required by the systemwide nondiscrimination policy identified and maintained pursuant to paragraph (1).
(6)(A) Conduct a compliance review, at least once every five years, of each campus of the University of California to determine whether they are complying with the systemwide nondiscrimination policy identified and maintained pursuant to paragraph (1) and the best practices established pursuant to paragraph (5).
(B)The compliance reviews conducted pursuant to subparagraph (A) shall be presented during a public session of the Regents of the University of California in the year the review is completed and shall be made public on the internet website of the regents and on the campus internet website.
(7)Establish a range of disciplinary sanctions for respondents who are students, faculty, or staff of the system and who are found to have violated the system’s nondiscrimination policy.
(8)Annually assess whether the systemwide Office of Civil Rights requires additional staffing or resources to comply with this section, and, if required, make a request for the additional staffing or resources in compliance with the policies established by the system for making budgetary requests.
(c)Notwithstanding Section 67400, this section shall apply to the University of California.
Added by Stats. 2024, Ch. 694, Sec. 1. (AB 2048) Effective January 1, 2025. Repealed as of January 1, 2027, by its own provisions.
(a)On or before December 1, 2025, the Chancellor of the California Community Colleges shall, in consultation with stakeholders, submit a report to the Legislature with recommendations for establishing systemic campus reforms that effectively prevent, detect, and address sexual harassment on community college campuses. The report shall include recommendations for all of the following:
(1)Baseline standards for policies and procedures that detect, address, and prevent the reoccurrence of sexual harassment that are consistent with best practices.
(2)Methods for monitoring the effectiveness of, and adherence to, the policies and procedures described in paragraph (1) and methods
for monitoring the compliance of each community college campus with state and federal laws and regulations pertaining to sexual harassment.
(3)Protocols for system and campus reporting on sexual harassment complaints that provide transparency on the number and outcomes of sexual harassment complaints to the public.
(4)The recruitment, hiring, and training of campus-based, district-based, and systemwide staff to adequately prevent, detect, and address sexual harassment on community college campuses.
(5)Support and resources at the state level that will enhance campus efforts to reform campus practices to prevent, detect, and address sexual harassment on community college campuses.
(b)(1) A report to be submitted
pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(2)Pursuant to Section 10231.5 of the Government Code, this section shall be repealed on January 1, 2027.
Added by Stats. 2024, Ch. 205, Sec. 1. (AB 2987) Effective January 1, 2025.
(a)Each campus of the California State University and the California Community Colleges shall, and each campus of the University of California is requested to, provide, upon request of the complainant or respondent, and every 30 days until the outcome of a complaint is determined, and only to the extent permissible under state and federal law, status updates on complaints of sex discrimination, including, but not limited to, complaints of sexual harassment, to complainants and respondents.
(b)Status updates shall not be provided pursuant to subdivision (a) to a complainant or respondent who opts to not receive the updates.
(c)Each campus of the California State University and the California Community Colleges shall, and each campus of the University of California is requested to, provide, within five business days of a decision of disciplinary action being made against a respondent in response to a complaint of sex discrimination, a notification of the disciplinary action to the
respondent and complainant.
Amended by Stats. 2016, Ch. 107, Sec. 1. (AB 2654) Effective January 1, 2017.
(a)It is the policy of the State of California, pursuant to Section 66251, that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind in the postsecondary educational institution of the state. The purpose of this section is to provide notification of the prohibition against sexual harassment as a form of sexual discrimination and to provide notification of available remedies.
(b)Each postsecondary educational institution in the State of California shall have a written policy on sexual
harassment, including information on the complaint process and the timeline for the complaint process, which shall be available on its Internet Web site. It is the intent of the Legislature that each educational institution in this state include this policy in its regular policy statement rather than distribute an additional written document.
(c)The postsecondary educational institution’s written policy on sexual harassment shall include information on where to obtain the specific rules and procedures for reporting charges of sexual harassment and for pursuing available remedies and resources, both on and off campus.
(d)A copy of the postsecondary educational institution’s written policy on sexual harassment shall be displayed in a prominent location
in the main administrative building or other area of the campus or schoolsite. “Prominent location” means that location, or those locations, in the main administrative building or other area where notices regarding the institution’s rules, regulations, procedures, and standards of conduct are posted.
(e)A copy of the postsecondary educational institution’s written policy on sexual harassment, as it pertains to students, shall be provided as part of any orientation program conducted for new students at the beginning of each quarter, semester, or summer session, as applicable.
(f)A copy of the postsecondary educational institution’s written policy on sexual harassment shall be provided for each faculty member, all members of the administrative staff, and all members of the support
staff at the beginning of the first quarter or semester of the school year, or at the time that there is a new employee hired.
(g)A copy of the postsecondary educational institution’s written policy on sexual harassment shall appear in any publication of the institution that sets forth the comprehensive rules, regulations, procedures, and standards of conduct for the institution.
Amended by Stats. 2020, Ch. 370, Sec. 94. (SB 1371) Effective January 1, 2021.
(a)It is the policy of the State of California, pursuant to Section 66251, that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind, including, but not limited to, pregnancy discrimination as described in Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681, et seq.), in the postsecondary educational institutions of the state.
(b)Each of the following requirements apply to postsecondary educational institutions in this state:
(1)A postsecondary educational institution, including the faculty, staff, or other employees of the institution, shall not do any of the following solely due to pregnancy or pregnancy-related issues:
(A)Require a graduate student to take a leave of absence or withdraw from the graduate program.
(B)Limit the student’s graduate studies.
(2)A postsecondary educational institution, including the faculty, staff, or other employees of the institution, shall reasonably accommodate pregnant graduate students so they may complete their graduate courses of study and research. Reasonable accommodation within the meaning of this subdivision may include, but is not necessarily limited to, allowances for the pregnant student’s health and safety, such as allowing the student to maintain a safe distance from hazardous substances, allowing the student to make up tests and assignments that are missed for pregnancy-related reasons, or allowing the student to take a leave of absence. Reasonable accommodation shall include excusing
absences that are medically necessary, as required under Title IX.
(3)A graduate student who chooses to take a leave of absence because the graduate student is pregnant or has recently given birth shall be allowed a period consistent with the policies of the postsecondary educational institution, or a period of 12 additional months, whichever period is longer, to prepare for and take preliminary and qualifying examinations and an extension of at least 12 months toward normative time to degree while in candidacy for a graduate degree, unless a longer extension is medically necessary.
(4)A graduate student who is not the birth parent and who chooses to take a leave of absence because of the birth of the student’s child shall be allowed a period consistent with the policies of the postsecondary educational institution, or a period of one month, whichever period is longer, to
prepare for and take preliminary and qualifying examinations, and an extension of at least one month toward normative time to degree while in candidacy for a graduate degree, unless a longer period or extension is medically necessary to care for the student’s partner or their child.
(5)An enrolled graduate student in good academic standing who chooses to take a leave of absence because the student is pregnant or has recently given birth shall return to the student program in good academic standing following a leave period consistent with the policies of the postsecondary educational institution or of up to one academic year, whichever period is longer, subject to the reasonable administrative requirements of the institution, unless there is a medical reason for a longer absence, in which case the student’s standing in the graduate program shall be maintained during that period of absence.
(6)An enrolled graduate student in good academic standing who is not the birth parent and who chooses to take a leave of absence because of the birth of the student’s child shall return to the student’s program in good academic standing following a leave period consistent with the policies of the postsecondary educational institution, or of up to one month, whichever period is longer, subject to the reasonable administrative requirements of the institution.
(c)Each postsecondary educational institution shall have a written policy for graduate students on pregnancy discrimination and procedures for addressing pregnancy discrimination complaints under Title IX or this section. A copy of this policy shall be made available to faculty, staff, and employees in their required training. This policy shall be made available to all graduate students attending orientation sessions at a postsecondary educational institution.
(d)Each public postsecondary educational institution shall notify pregnant and parenting students of the protections provided by Title IX through prominently posting a notice of the Title IX protections on the institution’s internet website.
(e)Each public postsecondary educational institution with an on-campus medical center shall provide notice of the protections provided by Title IX through the medical center to a student who requests information regarding policies or protections for students with children or pregnant students and when otherwise appropriate.
Added by Stats. 2020, Ch. 303, Sec. 3. (SB 493) Effective January 1, 2021.
(a)For the purposes of this section, the following terms have the following meanings:
(1)“Postsecondary institution” means a campus of the University of California, the California State University, or the California Community Colleges, a private postsecondary educational institution, or an independent institution of higher education that receives state financial assistance.
(2)(A) “Responsible employee” means an employee who has the authority to take action to redress sexual harassment or provide supportive measures to students, or who has the duty to report sexual harassment to an appropriate school official who has that authority.
(B)“Responsible employee” includes, but is not limited to, those individuals with any of the following positions or substantially similar positions or job duties, regardless of the specific title the institution may attach to the position:
(i)Title IX coordinator or other coordinator designated to comply with and carry out the institution’s responsibilities under this section.
(ii) Residential advisors, while performing the duties of employment by the institution.
(iii) Housing directors, coordinators, or deans.
(iv) Student life directors, coordinators, or deans.
(v)Athletic directors, coordinators, or
deans.
(vi) Coaches of any student athletic or academic team or activity.
(vii) Faculty and associate faculty, teachers, instructors, or lecturers.
(viii) Graduate student instructors, while performing the duties of employment by the institution.
(ix) Laboratory directors, coordinators, or principal investigators.
(x)Internship or externship directors or coordinators.
(xi) Study abroad program directors or coordinators.
(C) (i) Notwithstanding subparagraphs (A) and (B), “responsible employee” does not include those individuals described in
subparagraphs (A) and (B) who are also any of the following:
(I) A therapist or other professional described in Sections 990, 1010, 1030, 1035, and 1037 of the Evidence Code, including a University of California Center for Advocacy, Resources, and Education (CARE) director, advocate, or employee.
(II) A University of California Center for Advocacy, Resources, and Education (CARE) director, advocate, or employee.
(III) A California State University victim advocate or other position with similar responsibilities.
(IV) An individual acting in a professional capacity for which confidentiality is mandated by law.
(ii) An individual described in clause (i) shall inform each student who provides
the individual with information regarding sexual harassment of the student’s ability to report to a responsible employee and direct the student to those specific reporting resources.
(b)Notwithstanding Section 67400, in order to receive state financial assistance, as defined in Section 213, the appropriate governing board or body of each postsecondary institution shall implement, and at all times comply with, all of the following requirements at the institution:
(1)It shall disseminate, by electronic or other means, a notice of nondiscrimination, including, but not limited to, all information required to be included in the notice provided pursuant to Section 66281.5, to all of the following:
(A)Each employee of the postsecondary institution.
(B)Each volunteer who will regularly interact with students.
(C)Each individual or entity under contract with the postsecondary institution to perform any service involving regular interaction with students at the institution.
(2)It shall designate at least one employee of the institution to coordinate its efforts to comply with and carry out its responsibilities under this section. The employee may be the same individual as the institution’s federal Title IX coordinator. The employee shall have adequate training on what constitutes sexual harassment and on trauma-informed investigatory and hearing practices, and shall understand how the institution’s grievance procedures operate.
(3)It shall adopt rules and procedures within the policies required by Title IX of the Education Amendments of 1972 (20
U.S.C. Sec. 1681 et seq.) and Section 67386 for the prevention of sexual harassment that also provide for all of the following elements:
(A)The institution’s primary concern shall be student safety. Any disciplinary measures imposed by the institution for violations of the institution’s student conduct policy at or near the time of the incident being investigated shall be consistent with paragraph (10) of subdivision (b) of Section 67386.
(B)The institution shall take reasonable steps to respond to each incident of sexual harassment involving individuals subject to the institution’s policies that occur in connection with any educational activity or other program of the institution, as well as incidents that occurred outside of those educational programs or activities, whether they occurred on or off campus, if, based on the allegations, there is any reason to believe that the
incident could contribute to a hostile educational environment or otherwise interfere with a student’s access to education.
(C)(i) Regardless of whether or not a complaint has been filed under the institution’s grievance procedures, if the institution knows, or reasonably should know, about possible sexual harassment involving individuals subject to the institution’s policies at the time, the institution shall promptly investigate to determine whether the alleged conduct more likely than not occurred, or otherwise respond if the institution determines that an investigation is not required. If the institution determines that the alleged conduct more likely than not occurred, it shall immediately take reasonable steps to end the harassment, address the hostile environment, if one has been created, prevent its recurrence, and address its effects. A postsecondary institution shall be presumed to know of sexual harassment if a
responsible employee knew, or, in the exercise of reasonable care, should have known, about the sexual harassment. The institution may rebut this presumption of knowledge if it shows all of the following:
(I)The institution provides training and requires all nonconfidential responsible employees to report sexual harassment.
(II) Each nonconfidential responsible employee with actual or constructive knowledge of the conduct in question was provided training and direction to report sexual harassment.
(III) Each nonconfidential responsible employee with actual or constructive knowledge of the conduct in question failed to report it.
(ii) The institution shall consider and respond to requests for accommodations relating to prior incidents of sexual
harassment that could contribute to a hostile educational environment or otherwise interfere with a student’s access to education where both individuals are, at the time of the request, subject to the institution’s policies.
(D)(i) If a complainant requests confidentiality, which could preclude a meaningful investigation or potential discipline of the potential respondent, or that no investigation or disciplinary action be pursued to address alleged sexual harassment, the institution shall take the request seriously, while at the same time considering its responsibility to provide a safe and nondiscriminatory environment for all students, including for the complainant. The institution shall generally grant the request. In determining whether to disclose a complainant’s identity or proceed to an investigation over the objection of the complainant, the institution may consider whether any of the following apply:
(I)There are multiple or prior reports of sexual misconduct against the respondent.
(II) The respondent reportedly used a weapon, physical restraints, or engaged in battery.
(III) The respondent is a faculty or staff member with oversight of students.
(IV) There is a power imbalance between the complainant and respondent.
(V)The complainant believes that the complainant will be less safe if the complainant’s name is disclosed or an investigation is conducted.
(VI) The institution is able to conduct a thorough investigation and obtain relevant evidence in the absence of the complainant’s cooperation.
(ii) If the institution determines that it can honor the student’s request for confidentiality, it shall still take reasonable steps to respond to the complaint, consistent with the request, to limit the effects of the alleged sexual harassment and prevent its recurrence without initiating formal action against the alleged perpetrator or revealing the identity of the complainant. These steps may include increased monitoring, supervision, or security at locations or activities where the alleged misconduct occurred; providing additional training and education materials for students and employees; or conducting climate surveys regarding sexual violence. The institution shall also take immediate steps to provide for the safety of the complainant while keeping the complainant’s identity confidential as appropriate. These steps may include changing living arrangements or course schedules, assignments, or tests. The complainant shall be notified that the
steps the institution will take to respond to the complaint will be limited by the request for confidentiality.
(iii) If the institution determines that it must disclose the complainant’s identity to the respondent or proceed with an investigation, it shall inform the complainant prior to making this disclosure or initiating the investigation. The institution shall also take immediate steps to provide for the safety of the complainant where appropriate. In the event the complainant requests that the institution inform the respondent that the student asked the institution not to investigate or seek discipline, the institution shall honor this request.
(4)(A) It shall adopt and publish on its internet website grievance procedures that provide for prompt and equitable resolution of sexual harassment complaints filed by a student against an employee or another
student. The grievance procedures shall satisfy all of the following requirements:
(i)They shall state that the investigation and adjudication of alleged misconduct under this section is not an adversarial process between the complainant, the respondent, and the witnesses, but rather a process for postsecondary institutions to comply with their obligations under existing law. The complainant does not have the burden to prove, nor does the respondent have the burden to disprove, the underlying allegation or allegations of misconduct.
(ii) They shall require notice be provided to all students of the grievance procedures, including where and how complaints may be filed.
(iii) They shall ensure that the persons or entities responsible for conducting investigations, finding facts, and making disciplinary decisions are
neutral.
(iv) They shall ensure trauma-informed and impartial investigation of complaints. Student parties shall be given an opportunity to identify witnesses and other evidence to assist the institution in determining whether a policy violation has occurred, and shall be informed that any evidence available but not disclosed during the investigation might not be considered at a subsequent hearing.
(v)They shall include reasonable and equitable evidentiary guidelines, and may include page or word limitations on party submissions.
(vi) They shall include all of the following:
(I) The investigator or hearing office shall not consider the past sexual history of a complainant or respondent except in the limited circumstances permitted by this clause.
(II) The investigator or hearing officer shall not consider prior or subsequent sexual history between the complainant and anyone other than the respondent for any reason unless directly relevant to prove that physical injuries alleged to have been inflicted by the respondent were inflicted by another individual.
(III) (ia) The investigator or hearing officer shall not consider the existence of a dating relationship or prior or subsequent consensual sexual relations between the complainant and the respondent unless the evidence is relevant to how the parties communicated consent in prior or subsequent consensual sexual relations.
(ib) Where the investigator or hearing officer allows consideration of evidence about a dating relationship or prior or subsequent consensual sexual relations between the
complainant and the respondent pursuant to sub-subclause (ia), the mere fact that the complainant and respondent engaged in other consensual sexual relations with one another is never sufficient, by itself, to establish that the conduct in question was consensual.
(IV) Before allowing the consideration of any evidence proffered pursuant to this subdivision, the investigator or hearing officer shall provide a written explanation to the parties as to why consideration of the evidence is consistent with this clause.
(vii) They shall prohibit questions of either party or of any witness that are repetitive, irrelevant, or harassing.
(viii) They shall provide that the institution shall decide whether or not a hearing is necessary to determine whether any sexual violence more likely than not occurred. In making this
decision, an institution may consider whether the parties elected to participate in the investigation and whether each party had the opportunity to suggest questions to be asked of the other party or witnesses, or both, during the investigation. Any hearing shall be subject to the following rules:
(I) Any cross-examination of either party or any witness shall not be conducted directly by a party or a party’s advisor.
(II) Either party or any witness may request to answer the questions by video from a remote location.
(III) Student parties shall have the opportunity to submit written questions to the hearing officer in advance of the hearing. At the hearing, the other party shall have an opportunity to note an objection to the questions posed. The institution may limit such objections to written form, and neither the
hearing officer nor the institution are obligated to respond, other than to include any objection in the record. The hearing officer shall have the authority and obligation to discard or rephrase any question that the hearing officer deems to be repetitive, irrelevant, or harassing. In making these determinations, the hearing officer is not bound by, but may take guidance from, the formal rules of evidence.
(IV) Generally, the parties may not introduce evidence, including witness testimony, at the hearing that the party did not identify during the investigation and that was available at the time of the investigation. However, the hearing officer has discretion to accept for good cause, or exclude, such new evidence offered at the hearing.
(ix) They shall provide an explanation of the meaning of the preponderance of the evidence standard, and affirm that it shall apply to
adjudications under this section. The preponderance of the evidence standard is met if the institution determines that it is more likely than not that the alleged misconduct occurred, based on the facts available at the time of the decision.
(x)They shall provide a reasonably prompt timeframe for all of the major stages of the complaint process, as well as a process for extending the institution’s timelines for good cause only, and shall provide for the prompt communication of that information to the complainant and respondent. The communicated timeline information shall include, but shall not necessarily be limited to, each of the following:
(I) The period during which the institution shall conduct any investigation.
(II) The date by which the parties shall be notified of the outcome of any investigation.
(III) The deadlines and process for parties to appeal, if the institution’s grievance procedures include an appeals process.
(xi) They shall provide that the institution shall not unreasonably deny a student party’s request for an extension of a deadline related to a complaint during periods of examinations or school closures.
(xii) They shall provide for periodic status updates on the investigation consistent with the timelines referenced in clause (x) to the complainant and respondent.
(xiii) They shall provide for notice in writing to parties of any extension of a time period granted in the investigation and fact-finding process that would change the prospective timeframes for the major stages of the complaint process, and the reason for that
extension.
(xiv) They shall provide for written notice to parties of the outcome of the complaint, including whether a policy violation was found to have occurred, the basis for that determination, including factual findings, and any discipline imposed.
(xv) They shall provide assurance that the institution will take steps to prevent recurrence of any harassment and to correct its discriminatory effects on the complainant and others, if appropriate.
(xvi) They shall require that student parties receive notice if the institution is conducting a formal investigation. The notice shall include the allegations and the alleged institutional policy violations under review. Any new allegations that arise during the course of the investigation that could subject either party to new or additional sanctions shall be subject
to the same notice requirements.
(xvii) They shall afford both student parties the opportunity to each have a support person or adviser accompany the student party during any stage of the process.
(xviii) They shall advise student parties of their right to consult with an attorney, at their own expense, at any stage of the process if they wish to do so. An attorney may serve as a support person or adviser pursuant to clause (xvii).
(xix) They shall require that student parties receive a notice regarding appropriate counseling resources developed and maintained by the institution for student parties in school misconduct matters involving sexual harassment.
(xx) They shall allow either party to appeal the outcome of the grievance proceeding if the
institution has such an appeals process. An institution’s grievance procedure may limit the grounds for an appeal, provided that any limitation shall apply equally to all parties and that the nonappealing party shall have an opportunity to respond to the appeal.
(xxi) They shall outline the possible interim measures that may be put in place during the pendency of an investigation, the supportive measures that may be provided in the absence of an investigation, and the disciplinary outcomes, remedial measures, and systemic remedies that may follow a final finding of responsibility, subject to all of the following:
(I) An institution shall not mandate mediation to resolve allegations of sexual harassment, and shall not allow mediation, even on a voluntary basis, to resolve allegations of sexual violence.
(II) An
institution shall not require that the complainant enter a voluntary resolution agreement or any other form of resolution as a prerequisite to receiving remedial measures from the institution which safeguard the complainant’s access to education.
(III) (ia) When requested by a complainant or otherwise determined to be appropriate, an institution shall issue an interim no-contact directive prohibiting the respondent from contacting the complainant during the pendency of the investigation. An institution shall not issue an interim mutual no-contact directive automatically, but instead shall consider the specific circumstances of each case to determine whether a mutual no-contact directive is necessary or justifiable to protect the noncomplaining party’s safety or well-being, or to respond to interference with an investigation. A no-contact directive issued after a decision of responsibility has been made shall be unilateral
and only apply against the party found responsible.
(ib) Upon the issuance of a mutual no-contact directive, an institution shall provide the parties with a written justification for the directive and an explanation of the terms of the directive. Upon the issuance of any no-contact directive, the institution shall provide the parties with an explanation of the terms of the directive, including the circumstances, if any, under which violation could be subject to disciplinary action.
(xxii) They shall describe the obligations of all faculty and staff designated by the institution as required to report concerns of sexual harassment to the Title IX coordinator or other designated employee, consistent with the requirement in paragraph (2). An individual who has a confidential relationship with a student or students by law is exempt from having to report sexual harassment concerns to
the Title IX coordinator or other designated employee, unless otherwise required by law.
(xxiii) They shall contain a requirement that the Title IX coordinator or other designated employee assess each report of sexual harassment and provide outreach, as appropriate, to each identifiable student who is alleged to be the victim of the reported conduct. The outreach shall include all of the following information:
(I) The institution has received a report that the student may have been a victim of sexual harassment.
(II) A statement that retaliation for filing a complaint or participating in a complaint process, or both, under this section is prohibited.
(III) Counseling resources within the institution or in the community.
(IV) Where a crime may have occurred, notice that the student has the right, but not the obligation, to report the matter to law enforcement.
(V) The institution’s investigation procedures established pursuant to the requirements of this section.
(VI) Potential interim measures, such as no-contact directives, housing changes, and academic schedule changes, where applicable.
(VII) The importance of preserving evidence.
(VIII) A request for the student to meet with the Title IX coordinator or other designated employee to discuss options for responding to the report.
(IX) The manner in which the institution responds to reports of
sexual harassment and a description of potential disciplinary consequences.
(B) The grievance procedures shall also provide a process for a student to report sexual harassment by a third party. The institution shall respond to those reports to address or prevent a hostile educational environment or to ensure students’ access to education. Nothing in this section shall establish any duty or obligation owed by a postsecondary institution to nonstudent parties that does not already exist by statute or agreement.
(5)It shall publish in a prominent place on its internet website, with accompanying text clearly associating them with the sexual harassment and sexual violence grievance processes, the name, title, and contact information, which shall include the telephone number, office location, and email address, of each of the following individuals:
(A)The Title IX coordinator or other designated employee.
(B)Any individual official within the institution with the authority to investigate complaints made pursuant to this section or to institute corrective measures such as sanctions, accommodations, or other forms of resolution of the complaint.
(6)(A) It shall provide the training described in paragraph (12) of subdivision (b) of Section 67386 to each employee engaged in the grievance procedures related to sex discrimination, including sexual violence, which shall include for these employees training on (i) trauma-informed investigatory and hearing practices that help ensure an impartial and equitable process, (ii) best practices for assessment of a sexual harassment or sexual violence complaint, (iii) best practices for questioning of the
complainant, respondent, and witnesses, and (iv) implicit bias and racial inequities, both broadly and in school disciplinary processes.
(B)Materials approved by the institution for this training shall include statistics on the prevalence of sexual harassment and sexual violence in the educational setting, and the differing rates at which students experience sexual harassment and sexual assault in the educational setting based on their race, sexual orientation, disability, gender, and gender identity. When possible, citation to such statistics shall be included in the written sexual harassment policies required by Section 66281.5 accompanying the institution’s grievance procedures.
(7)If the institution has on-campus housing, it shall ensure that residential life student and nonstudent staff, or their equivalent, annually receive training on how to handle, in a trauma-informed
manner, reports made to them of sexual harassment or sexual violence, and situations in which they are aware of sexual harassment or sexual violence, in student residential facilities.
(8)It shall notify employees of the obligation to report harassment to appropriate school officials.
(9)It shall provide training to all employees on the identification of sexual harassment, including the person to whom it should be reported. This paragraph does not require an institution to provide separate training for identification of sexual harassment. The school may include this requirement in existing employee training on sexual harassment.
(c)This section does not require a school to provide separate grievance procedures for student sexual harassment complaints. The school may use student disciplinary procedures or other
separate procedures to resolve sexual harassment complaints. Any procedures used to investigate complaints of sexual harassment, including disciplinary procedures, shall afford a complainant and a respondent a prompt and equitable resolution. If the school relies on existing procedures for compliance with the requirements of this section, the Title IX officer or designated employee shall review the school’s procedures to ensure that they comply with the requirements of this section.
(d)A violation of this section may constitute discrimination and shall be subject to a civil action brought pursuant to Sections 66292.3 and 66292.4.
(e)The requirements of this section shall be implemented at each postsecondary institution by no later than January 1, 2022.
(f)If on or after the date of implementation, any provision of
the act that adds this section conflicts with federal law, that provision shall be rendered inoperative for the duration of the conflict and without affecting the whole.
(g)(1) Any case law interpreting procedural requirements or process that is due to student complainants or respondents when adjudicating complaints of sexual or gender-based violence, including dating or domestic violence, at postsecondary educational institutions in the State of California shall have no retroactive effect.
(2)Any case law that conflicts with the provisions of the act that adds this section shall be superseded as of this statute’s effective date.
Added by Stats. 2024, Ch. 673, Sec. 2. (AB 810) Effective January 1, 2025.
(a)The governing board or body of an independent institution of higher education that receives state financial assistance is requested, as part of the hiring process for an appointment to an academic, athletic, or administrative position with that independent institution of higher education, to do all of the following:
(1)(A) Require an applicant to disclose any final administrative decision or final judicial decision issued within the last seven years from the date of submission of the application determining that the applicant committed sexual harassment.
(B)Permit applicants
to disclose if they have filed an appeal with the previous employer or, if applicable, with the United States Department of Education.
(2)Require an applicant to sign a release form that authorizes, in the event the applicant reaches the final stages of the application process, the release of information by the applicant’s previous employers to the independent institution of higher education concerning any substantiated allegations of misconduct in order to permit the institution to evaluate the released information with respect to the criteria for a potential job placement.
(3)If an applicant reaches the final stages of the application process for the intended academic, athletic, or administrative position, require the independent institution of higher education to use
the release form signed pursuant to paragraph (2) to engage in a reasonable attempt to obtain information from the previous employer concerning any substantiated allegations of misconduct.
(b)Independent institutions of higher education that receive state financial assistance are requested to not ask an applicant to disclose, orally or in writing, information concerning any final administrative decision or final judicial decision described in paragraph (1) of subdivision (a), including any inquiry about an applicable decision on any employment application, until the institution has determined that the applicant meets the minimum employment qualifications stated in the notice issued for the position.
(c)For purposes of this section, the following definitions shall apply:
(1)“Applicant” means a person who submits an employment application for an academic, athletic, or administrative position, but does not include a person who is a current employee and is hired or rehired for a different position with the same employer.
(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 judicial decision” means a final determination of a matter submitted to a court that is recorded in a judgment or order of that court.
(4)“Misconduct” means any violation of the policies
governing employee conduct at the applicant’s previous place of employment, including, but not limited to, violations of policies prohibiting sexual harassment, sexual assault, or other forms of harassment or discrimination, as defined by the employer.
(5)“Sexual harassment” has the same meaning as described in subdivision (a) of Section 66262.5 or, if applicable, as defined in
Section 106.30 of Title 34 of the Code of Federal Regulations.
(6)“Substantiated allegation” means an allegation that has been sustained based upon a burden of proof of at least a preponderance of the evidence.
Amended by Stats. 2024, Ch. 883, Sec. 1. (SB 1166) Effective January 1, 2025.
(a)It is the intent of the Legislature that the California State University annually report to the Legislature on the institution’s efforts to prevent and address sex discrimination on campuses of the California State University.
(b)The California State University shall, on or before December 1 of each year, submit a report to the Legislature, in compliance with Section 9795 of the Government Code, that provides a summation of the activities undertaken by each campus and by the systemwide Title IX office to ensure campus programs and activities are free from sex discrimination. The report shall include, but is not limited to, all of the following information:
(1)(A) The number of sexual harassment reports filed disaggregated by each individual campus and the chancellor’s office.
(B)The number of sexual harassment complaints filed with the campus-based or systemwide Title IX coordinator disaggregated by each individual campus and the chancellor’s office. Sexual harassment complaints shall include all 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 sexual harassment complaints under investigation, the length of time taken to commence an official investigation after a 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 chancellor’s office as follows:
(A)The length of time taken to commence an official investigation after a 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 sexual harassment complaints and the outcomes of those hearings disaggregated by each individual campus and the chancellor’s 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 chancellor’s office.
(B)The outcomes of the appeals identified in
subparagraph (A) disaggregated by each individual campus and the chancellor’s office.
(C)The outcomes of appeals that occur if an employee respondent elects to appeal a discipline sanction as a result of the complaint through the appeal process provided by the employee’s collective bargaining agreement or pursuant to Sections 89539 and 89542.5.
(5)A list of the personnel disaggregated by campus who are exempt from being responsible employees pursuant to subparagraph (C) of paragraph (2) of subdivision (a) of Section 66281.8.
(c)The California State University shall post the annual reports described in subdivision (b) on its internet website and shall present each report during a public meeting of the
trustees.
(d)For purposes of this section, the following definitions apply:
(1)“Chancellor’s 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 Section 66262.5.
Added by Stats. 2024, Ch. 883, Sec. 2. (SB 1166) Effective January 1, 2025.
(a)It is the intent of the Legislature that the California Community Colleges triennially report to the Legislature on the system’s efforts to prevent and address sex discrimination on campuses of the California Community Colleges.
(b)On or before September 1, 2026, and on or before each September 1 thereafter, the governing board of each community college district shall prepare and submit to the chancellor’s office a report on the activities undertaken by the community college district
to ensure campus programs and activities are free from sex discrimination. The report shall include, but is not limited to, all of the following information:
(1)(A) The number of sexual harassment reports filed disaggregated by each individual campus of the community college district.
(B)The number of sexual harassment complaints filed with the district Title IX office disaggregated by each individual campus of the community college district. Sexual harassment complaints shall include all 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 sexual harassment complaints under investigation,
the length of time taken to commence an official investigation after a 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 of the community college district as follows:
(A)The length of time taken to commence an official investigation after a 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 sexual harassment complaints and the outcomes of those hearings disaggregated by each individual campus. 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.
(B)The outcomes of the appeals identified in subparagraph (A) disaggregated by each individual campus.
(C)The outcomes of appeals that occur if an employee respondent elects to appeal a discipline sanction as a result of the complaint through the appeal process provided by the employee’s collective bargaining agreement or pursuant to Sections 87669, 88013, and 88124.
(5)A list of the personnel disaggregated by campus who are exempt from being responsible employees pursuant to subparagraph (C) of paragraph (2) of subdivision (a) of Section 66281.8.
(c)Each community college district shall post the annual reports described in subdivision (b) on its
internet website and shall present each report during a public meeting of the governing board of the community college district.
(d)On or before December 1, 2026, and on or before December 1 every three years thereafter, the chancellor’s office shall submit a report to the Legislature, in compliance with Section 9795 of the Government Code, that provides a summation of the activities undertaken by each community college district and by the systemwide Title IX office to ensure campus programs and activities are free from sex discrimination. The report shall include, but is not limited to, the reports provided by each community college district pursuant to subdivision
(b).
(e)The chancellor’s office shall post the annual reports described in subdivision (c) on its internet website.
(f)For purposes of this section, the following definitions apply:
(1)“Chancellor’s office” means the office of the Chancellor of the California Community Colleges.
(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 Section 66262.5.
Added by Stats. 2024, Ch. 883, Sec. 3. (SB 1166) Effective January 1, 2025.
(a)It is the intent of the Legislature that the University of California annually report to the Legislature on the institution’s efforts to prevent and address sex discrimination on campuses of the University of California.
(b)The University of California is requested to submit, on or before December 1 of each year, a report to the Legislature, in compliance with Section 9795 of the Government Code, that provides a summation of the activities undertaken by each campus and by the systemwide Title IX office to ensure campus programs and activities are free from sex discrimination. The report shall include, but is not limited to, all of the following information:
(1)(A) The number of sexual harassment reports filed disaggregated by each individual campus and the president’s office.
(B)The number of sexual harassment complaints filed with the campus-based or systemwide Title IX coordinator disaggregated by each individual campus and the president’s office. Sexual harassment complaints shall include all 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 sexual harassment complaints under investigation, the length of time taken to commence an official investigation after a 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 president’s office as follows:
(A)The length of time taken to commence an official investigation after a 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 sexual harassment complaints and the outcomes of those hearings disaggregated by each individual campus and the president’s 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 Office of the President.
(B)The outcomes of the appeals identified in
subparagraph (A) disaggregated by each individual campus and the president’s office.
(C)The outcomes of appeals that occur if an employee respondent elects to appeal a discipline sanction as a result of the complaint through the appeal process provided by the employee’s collective bargaining agreement.
(5)A list of the personnel disaggregated by campus who are exempt from being responsible employees pursuant to subparagraph (C) of paragraph (2) of subdivision (a) of Section 66281.8.
(c)The University of California is requested to post the annual reports described in subdivision (b) on its internet website and to present each report during a public meeting of the regents.
(d)For purposes of this section, the following definitions apply:
(1)“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.
(2)“Final investigative report” means the final report of the summary of relevant evidence provided by the Title IX investigator to the complainant and respondent.
(3)“President’s office” means the office of the President of the University of California.
(4)“Sexual harassment” has the same meaning as described in Section 66262.5.
Added by Stats. 2024, Ch. 808, Sec. 1. (AB 1575) Effective January 1, 2025.
(a)This section shall be known, and may be cited, as Katie Meyer’s Law.
(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 Board of Directors of the College of the Law, San Francisco, and the Regents of the University of California shall adopt a policy permitting a student to be assisted by an adviser if the student receives a notification of an alleged violation of the public postsecondary educational institution’s student code of conduct. The policy shall include all of the following:
(1)The initial allegation letter that is received by the student shall include a clause informing the student of their right to select an adviser of their choice or to request the public postsecondary educational institution to provide an adviser to the student.
(2)A public postsecondary educational institution may use any of the following to fulfill its obligation to provide an adviser to the student:
(A)A confidential respondent services coordinator.
(B)An agreement with a
student-based peer support program.
(C)An agreement with an alumni-based support program.
(3)The adviser selected by the student or provided by the public postsecondary educational institution shall be provided training by the institution on the institution’s adjudication procedures for the alleged violation. The training may be provided in an online format, and is not required to, but may, have an in-person or interactive element. To the extent practical, institutions within each segment of public postsecondary education are encouraged to collaborate to develop a training that can be used by more than one institution in that segment.
(4)An adviser, with written permission from the student, shall receive updates along
with the student during the adjudication process of the alleged violation of the student code of conduct and shall participate in the process as an advocate for the student or in the role of adviser as authorized by Section 66281.8 and Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.).
(c)For purposes of this section, the following definitions apply:
(1)“Adjudication procedures” means a public postsecondary educational institution’s established process to determine if a student has violated the student code of conduct and the established process to respond when violations are sustained.
(2)“Public postsecondary educational institution” means a community college, a campus of the California State
University, a campus of the University of California, or the College of the Law, San Francisco.
(3)“Segment of public postsecondary education” means the California Community Colleges, the California State University, or the University of California.
(4)“Student code of conduct” means any rules or policies adopted by a public postsecondary educational institution on the expectations or standards of student behavior on campus, including, but not limited to, standards related to academics, athletics, and sex discrimination.
Added by Stats. 2024, Ch. 813, Sec. 1. (AB 1905) Effective January 1, 2025.
(a)It is the policy of the State of California, pursuant to Section 66251, that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind in the postsecondary educational institutions of the state.
(b)(1) Notwithstanding Section 67400, in order to receive state financial assistance, as defined in Section 213, the appropriate governing board or body of each public postsecondary educational institution shall adopt a written policy that, at a minimum, includes, but is not limited to, all of the following provisions:
(A) If an administrator is required to relinquish tenure as a faculty member to become an administrator, then there
shall be a provision prohibiting retreat rights if any of following have occurred:
(i)The employee is the respondent in a sexual harassment complaint filed with the public postsecondary educational institution and the employee is determined in a final administrative decision to have committed sexual harassment.
(ii) The employee is the respondent in a sexual harassment complaint filed with the public postsecondary educational institution and, before a final administrative decision is made, the employee resigns from their current position.
(iii) The employee is the respondent in a sexual harassment complaint filed with the public postsecondary educational institution and the employee has entered into a settlement with the public postsecondary educational institution.
(B) A provision requiring any administrator or supervisor who elects to provide an official letter of recommendation to an employee of the public postsecondary educational institution to consult with the appropriate entities to determine if the employee is a respondent in a sexual harassment complaint filed with the public postsecondary educational institution.
(C) A provision prohibiting the supervisor or administrator from providing an official letter of recommendation, if it is determined the employee is a respondent in a sexual harassment complaint, and any of the following has occurred:
(i)The employee is determined in a final administrative decision to have committed sexual harassment.
(ii) Before a final administrative decision is made, and while an
investigation is pending, the employee resigns from their current position.
(iii) The employee enters into a settlement with the public postsecondary educational institution based on the allegations arising from the sexual harassment complaint.
(2)Paragraph (1) does not prohibit a public postsecondary educational institution from adopting a policy on employees’ ineligibility for retreat rights that is more expansive than the provisions described in paragraph (1), provided that the provisions described in paragraph (1) are incorporated into the policy.
(c)Notwithstanding Section 67400, in order to receive state financial assistance, as defined in Section 213, the appropriate governing board or body of each public postsecondary educational institution shall adopt a written policy on settlements and informal
resolutions of complaints of sexual harassment in cases where the respondent is an employee of the public postsecondary educational institution. The written policy, at a minimum, shall include all of the following provisions:
(1)A provision that prohibits a settlement, an informal resolution, or both, from being offered or entered into if any of following apply:
(A)A complainant of the sexual harassment complaint filed against an employee respondent is a student.
(B)An employee respondent is accused of committing sexual assault, sexual violence, or sexual battery.
(C)The settlement or informal resolution includes a nondisclosure agreement.
(2)A provision that requires the campus chief
executive officer to approve informal resolutions. The campus chief executive officer shall not delegate that responsibility to a designee.
(3)A provision that requires the campus chief executive officer to preliminarily approve all offers of sexual harassment settlements. The campus chief executive officer shall not delegate that responsibility to a designee.
(4)A provision that requires the governing board of a community college district, the Trustees of the California State University, the Regents of the University of California, or the Board of Directors of the College of the Law, San Francisco, as applicable, to approve offers of sexual harassment settlements that have been preliminarily approved by the campus chief executive officer pursuant to paragraph (3).
(d)For purposes of this section, the following
definitions apply:
(1)“Chief executive officer” means the president of a community college campus or a California State University campus, the chancellor of a University of California campus, or the dean of the College of the Law, San Francisco.
(2)“Complainant” means an individual who is alleged to have been subjected to conduct that could constitute sexual or sex-based harassment.
(3)“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 a hearing, if a hearing is either required pursuant to Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) or federal regulations implementing those provisions, or is required by the public postsecondary educational
institution’s written policy on sex discrimination, including sexual harassment, and related grievance processes. If a party has filed a timely grievance or appeal, “final administrative decision” means after the grievance or appeal decision has been issued.
(4)“Informal resolution” means an agreement between a public postsecondary educational institution and a respondent and complainant for the purpose of resolving a complaint of sexual harassment before a final administrative decision is made.
(5)“Public postsecondary educational institution” means any campus of the California Community Colleges, the California State University, the University of California, or the College of the Law, San Francisco.
(6)“Respondent” means the person alleged to have engaged in prohibited conduct under Title IX of the federal
Education Amendments of 1972 (20 U.S.C. Sec. 1681(a)(3)) or under a public postsecondary educational institution’s written policy on sex discrimination, including sexual or sex-based harassment.
(7)“Retreat rights” means the ability of an administrator who was required to relinquish tenure as a faculty member to become an administrator to return to a faculty position if their administrative role comes to an end.
(8)“Settlement” means an agreement between a public postsecondary educational institution and a respondent for the purpose of resolving a complaint of sexual harassment. “Settlement” does not include a settlement reached in a civil action brought by the respondent against the public postsecondary educational institution.
(9)“Student” means a person who has gained admission and is matriculated at the public
postsecondary educational institution.