AB 1844

Bill Subjects

Abstract

Existing law establishes the University of California, which is administered by the Regents of the University of California, the California State University, which is administered by the Trustees of the California State University, and the California Community Colleges, which is administered by the Board of Governors of the California Community Colleges, as the 3 segments of public postsecondary education in the state. A portion of the Donahoe Higher Education Act known as the Equity in Higher Education Act requires, among other things, each postsecondary educational institution in the State of California to have a written policy on sexual harassment, including information on the complaint process and the timeline for the complaint process. This bill, the Higher Education Student, Staff, and Faculty Protection Act, would, beginning January 1, 2023, require the 3 segments of public postsecondary education to take certain actions before extending an official offer of employment to an applicant, as defined, including requesting that an applicant sign a statement declaring whether the applicant is the subject of an informal resolution process with an outcome used to resolve an allegation following the filing of a formal Title IX sexual harassment complaint, or any substantiated Title IX sexual harassment complaints, as specified, and authorizing the applicant's current and past employers to disclose to the hiring institution whether the applicant was the subject of an informal resolution process with an outcome used to resolve an allegation following the filing of a formal Title IX sexual harassment complaint, or any substantiated Title IX sexual harassment complaints. The bill would prohibit these public postsecondary educational institutions from hiring an applicant who does not sign the requested statement. The bill also would require the public postsecondary educational institutions to request information related to whether the applicant was the subject of an informal resolution process with an outcome used to resolve an allegation following the filing of a formal Title IX sexual harassment complaint, or any substantiated Title IX sexual harassment complaints, from the applicant's current or former postsecondary educational institution employers, and require a public postsecondary educational institution that receives a request for information related to an informal resolution process with an outcome used to resolve an allegation following the filing of a formal Title IX sexual harassment complaint, or any substantiated Title IX sexual harassment complaints, by a current or former employee to provide the information as specified. This bill would require these public postsecondary educational institutions to complete an investigation into a Title IX sexual harassment complaint or allegation committed by an employee against a student or employee of the institution, regardless of whether the employee voluntarily or involuntarily leaves employment with the institution, unless the victim of the alleged Title IX sexual harassment complaint requests otherwise. The bill would prohibit, after June 1, 2023, a provision of a settlement agreement between one of the public postsecondary educational institutions and an employee that prohibits anyone from disclosing whether the employee has been the subject of a Title IX investigation for sexual harassment. This bill would require, no later than September 1, 2023, each campus of the California Community Colleges and the California State University, and encourage each campus of the University of California, to establish specified support roles, and designate persons to fill the roles, to assist complainants and respondents in instances of sexual harassment allegation or victimization, as specified. To the extent these provisions would add additional duties on community college districts, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.