Article 5 - Compliance and Enforcement

California Education Code — §§ 66290-66294

Sections (11)

Added by Stats. 1998, Ch. 914, Sec. 49. Effective January 1, 1999.

Prior to receipt of any state financial assistance or state student financial aid, a postsecondary educational institution shall provide assurance to the agency administering the funds, in the manner required by the funding agency, that each program or activity conducted by the postsecondary educational institution will be conducted in compliance with this chapter and all other applicable provisions of state law prohibiting discrimination on the basis of sex. A single assurance, not more than one page in length and signed by an appropriate responsible official of the postsecondary educational institution, may be provided for all the programs and activities conducted by a postsecondary educational institution.

§ 66290.1

Added by Stats. 2016, Ch. 888, Sec. 1. (SB 1146) Effective January 1, 2017.

(a)Beginning with the 2017–18 school year, each postsecondary educational institution in this state that claims an exemption pursuant to Section 901(a)(3) of the federal Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681(a)(3)) or has an exemption pursuant to Section 66271 shall disclose to current and prospective students, faculty members, and employees the basis for claiming

or having the exemption and the scope of the allowable activities provided by the exemption.

(b)The disclosure required in subdivision (a) shall be made in all of the following ways:

(1)The disclosure shall be displayed in a prominent location of the campus or school site. “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.

(2)The disclosure shall be included in written materials sent to prospective students seeking admission to the institution.

(3)The

disclosure shall be provided as part of orientation programs conducted for new students at the beginning of each quarter, semester, or summer session, as applicable.

(4)The disclosure shall be provided to each faculty member, member of the administrative staff, and member of the support staff at the beginning of the first quarter or semester of each school year. The disclosure shall be provided to each new employee upon his or her hire.

(5)The disclosure shall be included in any publication of the institution that sets forth the comprehensive rules, regulations, procedures, and standards of conduct for the institution.

§ 66290.2

Amended by Stats. 2024, Ch. 490, Sec. 3. (SB 1491) Effective January 1, 2025.

(a)(1) Beginning with the 2017–18 school year, each postsecondary educational institution in this state that claims an exemption pursuant to Section 901(a)(3) of the federal Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681(a)(3)) shall submit to the Student Aid Commission copies of all materials submitted to, and received from, a state or federal agency concerning the granting of the exemption.

(2)Beginning with the 2017–18 school year, each postsecondary educational institution in this state not described in paragraph (1) that has an exemption pursuant to Section 66271 shall submit to the Student Aid Commission its basis for having the

exemption.

(b)The Student Aid Commission shall collect the information received pursuant to subdivision (a) and post and maintain a list on the commission’s internet website of the institutions that have claimed the exemption with their respective bases for claiming or having the exemption.

(c)Beginning with the 2026–27 school year, the Student Aid Commission shall provide a written notice to students who receive state financial aid regarding whether their postsecondary

educational institution has an exception pursuant to subdivision (a) on file with the commission. The written notice shall inform students of their right to report discrimination to the United States Department of Education’s Office for Civil Rights, and shall include the contact information, including the telephone number, office location, and email address, for the United States Department of Education’s Office for Civil Rights.

§ 66291

Added by Stats. 1998, Ch. 914, Sec. 49. Effective January 1, 1999.

(a)A community college district shall submit timely, complete, and accurate compliance reports to the chancellor’s office, as that entity may require.

(b)All reports submitted pursuant to this section shall be made available by the educational institution for public inspection during regular business hours.

§ 66292

Amended by Stats. 2024, Ch. 827, Sec. 1. (AB 2326) Effective January 1, 2025.

(a)The governing board of each community college district and the chief executive officer of the community college district shall have joint responsibility for ensuring that programs and activities offered by the community college district are free from discrimination based on the characteristics listed in Section 66270, including, but not limited to, the prevention of sexual harassment as defined in Section 66262.5.

(b)The office of the Chancellor of the California Community Colleges shall have responsibility for monitoring each community college district’s compliance with subdivision (a).

(c)The office of the Chancellor of the California Community Colleges shall annually make a presentation during a public meeting of the Board of Governors on the state of the California Community Colleges system in ensuring that community

college district programs and activities are free from discrimination based on the characteristics listed in Section 66270. The presentation shall include an overview of the chancellor’s office’s efforts in monitoring and ensuring the compliance of each district with providing programs and activities that are free from discrimination, including, but not limited to, the prevention of sexual harassment as defined in Section 66262.5. The presentation shall include an overview of how

community college districts are complying with Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) and Sections 66281.5, 66281.8, 67385, 67385.7, and 67386.

(d)The office of the Chancellor of the California Community Colleges shall annually review the California Community Colleges system’s regulations on nondiscrimination and shall revise the regulations as necessary to ensure that all community college districts are offering programs and activities that are free from discrimination based on the characteristics listed in Section 66270.

(e)The Chancellor of the California Community Colleges shall annually present during a public hearing of the Senate Budget Subcommittee on Education the annual presentation described in subdivision (c).

It is the intent of the Legislature that this presentation includes an overview of how the California Community Colleges are addressing and preventing discrimination based on the characteristics listed in Section 66270 before the California Community Colleges system receives state student financial aid.

(f)The Chancellor of the California Community Colleges shall annually present during a public hearing of the Assembly Budget Subcommittee on Education Finance the annual presentation described in subdivision (c). It is the intent of the Legislature that the presentation includes an overview of how the California Community Colleges are addressing and preventing discrimination based on the characteristics listed in Section 66270 before the California Community Colleges system receives state student financial aid.

(g)As used in this section, “Board of Governors” means the Board of Governors of the California Community Colleges.

§ 66292.1

Amended by Stats. 2024, Ch. 827, Sec. 2. (AB 2326) Effective January 1, 2025.

(a)The president of each California State University campus shall have the primary responsibility for ensuring that campus programs and activities are free from discrimination based on the characteristics listed in Section 66270, including, but not limited to, the prevention of sexual harassment as defined in Section 66262.5.

(b)The Chancellor of the California State University shall have responsibility for monitoring the compliance of each California State University campus with subdivision (a).

(c)The chancellor’s office shall annually present a report to the Board of Trustees

on the state of the California State University system in ensuring that programs and activities are free from discrimination based on the characteristics listed in Section 66270. The report shall include an overview of the chancellor’s office’s efforts in monitoring and ensuring the compliance of each campus with providing programs and activities that are free from discrimination, including, but not limited to, sexual harassment as defined in Section 66262.5. The report shall include how each campus is complying with Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) and Sections 66281.5, 66281.8, 67385, 67385.7, and 67386.

(d)The Chancellor of the California State University shall annually present during a public hearing of the Senate Budget Subcommittee on Education the report described in subdivision (c). It is the intent of the Legislature that the presentation includes an overview of how the California State University is addressing and preventing discrimination based on the characteristics listed in Section 66270 before the California State University system receives state student financial aid.

(e)The Chancellor of the California State University shall annually present during a public hearing of the Assembly Budget Subcommittee on Education Finance the report described in subdivision (c). It is the intent of the Legislature that the presentation includes an overview of how the California State University is addressing and preventing discrimination based on the characteristics listed in Section 66270 before the California State University system receives state student financial aid.

(f)As used in this section, the following definitions apply:

(1)“Board of Trustees” means the Board of Trustees of the California State University.

(2)“Chancellor’s office” means the office of the Chancellor of the California State University.

§ 66292.2

Amended by Stats. 2024, Ch. 827, Sec. 3. (AB 2326) Effective January 1, 2025.

(a)The chancellor of each University of California campus shall have the primary responsibility for ensuring that campus programs and activities are free from discrimination based on the characteristics listed in Section 66270, including, but not limited to, the prevention of sexual harassment as defined in Section 66262.5.

(b)The President of the University of California or the President’s designee shall have the responsibility for monitoring the compliance of each University of California campus with subdivision (a).

(c)The office of the President shall annually present a

report to the Board of Regents on the state of the University of

California system in ensuring that programs and activities are free from discrimination based on the characteristics listed in Section 66270. The report shall include an overview of the office of the President’s efforts in monitoring and ensuring compliance of each campus with providing programs and activities that are free from discrimination, including, but not limited to, sexual harassment as defined in Section 66262.5. The report shall include how each campus is complying with Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) and Sections 66281.5, 66281.8, 67385, 67385.7, and 67386.

(d)The President of the University of California shall annually present the report described in subdivision (c) during a public hearing of the Senate Budget Subcommittee on Education. It is the intent of the Legislature that the presentation includes an overview of how the University of California is addressing and preventing discrimination based on the characteristics listed in Section 66270 before the University of California system receives state student financial aid.

(e)The President of the University of California shall annually present the report described in subdivision (c) during a public hearing of the Assembly Budget Subcommittee on Education Finance. It is the intent of the Legislature that the presentation includes an overview of how the University of California is addressing and preventing discrimination based on the characteristics listed in Section 66270 before the University of California system receives state student financial aid.

(f)Section 67400 shall not apply to this section.

(g)As used in this section, the following definitions apply:

(1)“Board of Regents” means the Board of Regents of the University of California.

(2)“Office of the President” means the office of the President of the University of California.

§ 66292.3

Added by Stats. 1998, Ch. 914, Sec. 49. Effective January 1, 1999.

(a)A party to a written complaint of prohibited discrimination may appeal the action taken by the governing board of a community college district or the president of a campus of the California State University, pursuant to this article, to the Board of Governors of the California Community Colleges or the Chancellor of the California State University, as applicable.

(b)Persons who have filed a complaint, pursuant to this chapter, with an educational institution shall be advised by the educational institution that civil law remedies, including, but not limited to, injunctions, restraining orders, or other remedies or orders, may also be available to complainants. The educational institution shall make this information available by publication in appropriate informational materials.

(c)Nothing in this chapter shall be construed to require an exhaustion of the appeal to the Board of Governors of the California Community Colleges or to the Chancellor of the California State University pursuant to subdivision (a), before civil law remedies may be purchased.

(d)Notwithstanding any other provision of law, a person who alleges that he or she is a victim of discrimination may not seek civil remedies pursuant to this section until at least 90 days have elapsed from the filing of a discrimination complaint with the local educational agency. The 90-day moratorium imposed by this subdivision does not apply to injunctive relief and is applicable only if the local educational agency has appropriately, and in a timely manner, apprised the complainant of his or her right to file a complaint.

§ 66292.4

Added by Stats. 1998, Ch. 914, Sec. 49. Effective January 1, 1999.

This chapter may be enforced through a civil action.

§ 66293

Added by Stats. 2022, Ch. 928, Sec. 1. (AB 1712) Effective January 1, 2023.

(a)Beginning after the date on which the United States Secretary of Education makes the online survey available to institutions, the office of the Chancellor of the California Community Colleges and the office of the Chancellor of the California State University shall, and the office of the President of the University of California is requested to, do all of the following:

(1)Develop questions in consultation with experts to determine student perspectives on campus climate.

(2)Consult with student organizations and trauma experts, including, but not limited to, nonprofit organizations with expertise in campus climate, so that the questions developed pursuant to paragraph (1)

incorporate trauma-informed language.

(3)Submit the questions developed pursuant to paragraph (1) to the United States Secretary of Education for review and approval to be incorporated into the online survey.

(b)Beginning one year after the date on which the United States Secretary of Education makes the online survey available to institutions, and every two years thereafter, the office of the Chancellor of the California Community Colleges and the office of the Chancellor of the California State University shall, and the office of the President of the University of California is requested to, submit a report on the published campus-level results from the online survey to the Assembly Committee on Higher Education and the Senate Committee on Education.

(c)For purposes of this section, the following definitions

apply:

(1)“Campus climate” means a measure of an individual’s experience within a learning environment, specifically focusing on the current attitudes, practices, and behaviors of campus life that impact the success and retention of all members of a campus community.

(2)“Institutions” means campuses of the California Community Colleges, the California State University, and the University of California.

(3)“Online survey” means the online survey tool for campus safety established by Section 1507 of Title III of Division H of Public Law 117–103.

§ 66294

Added by Stats. 2024, Ch. 86, Sec. 1. (AB 1790) Effective January 1, 2025.

(a)On or before July 1, 2026, the California State University shall implement the recommendations provided in the California State Auditor Report 2022-109, dated July 18, 2023, including, but not limited to, by doing all of the following:

(1)Developing standardized guidelines for all formal investigations into allegations of sexual harassment by each California State University campus and the

chancellor’s office, including how to perform and structure the analysis to establish whether sexual harassment has occurred.

(2)Developing a policy for each California State University campus and the chancellor’s office that ensures they are able to maintain a process for tracking key dates related to the timeliness of all sexual harassment cases and conducting investigations in a timely manner.

(3)Establishing systemwide requirements for each California State University campus and the chancellor’s office to address conduct that is unprofessional but does not meet the threshold of sexual harassment.

(4)Developing a policy to ensure current and former employees found to have engaged in sexual harassment,

including those who have received less severe discipline than termination, such as suspension or demotion, are not given official positive references for employment.

(5)Requiring that each California State University campus and the chancellor’s office use the same case management system and track data consistently in their files for each sexual harassment case.

(6)Issuing comprehensive best practices, including how campuses should survey their communities and increase awareness of options for reporting sexual harassment for each California State University campus.

(7)Requiring the chancellor’s office to conduct regular compliance reviews of each California State University campus to determine whether

they are complying with the law, California State University policy, and best practices in regards to sexual harassment policy.

(b)(1) The California State University shall submit an initial report on or before July 1, 2025, and a final report on or before December 1, 2026, to the Legislature, the Assembly Committee on Higher Education, the Joint Legislative Audit Committee, and the Senate Committee on Education on the status of implementing the California State Auditor recommendations,

including, if completed at the time of the report, any summarized results from the campus compliance reviews conducted pursuant to paragraph (7) of subdivision (a), and identification of any systemic issues the California State University has in meeting the recommendations of the California State Auditor Report 2022-109, dated July 18, 2023.

(2)The final report required pursuant to paragraph (1) may be included as part of the annual report required by Section 66282.

(3)Reports submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.

(c)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)“Sexual harassment” means the same as defined in Section 66262.5.