Existing federal law, known as Title IX, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination, which includes sexual harassment, under any education program or activity receiving federal financial assistance. A portion of the Donahoe Higher Education Act, known as the Equity in Higher Education Act declares, among other things, that it is the policy of the State of California that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind in the educational institutions of the state.
This bill would require a postsecondary institution that receives state funds, including funds for student financial assistance, to comply with requirements relating to the protection of students from, and providing students with procedural protections relating to complaints of, sexual harassment. In particular, the bill would require the governing board or body of each of these institutions to (1) disseminate a notice of nondiscrimination to each employee, volunteer, and individual or entity contracted with the institution, (2) designate at least one employee of the institution to coordinate its efforts to comply with its responsibilities specified in this act, (3) adopt rules and procedures for the prevention of sexual harassment, (4) create reasonable procedures for the investigation of policy violations, (5) adopt and publish on its internet website grievance procedures providing for the prompt and equitable resolution of sexual harassment complaints, (6) publish on the institution's internet website the name, title, and contact information for the employee designated to coordinate the institution's efforts to comply with and carry out the responsibilities specified in this act and any individual official with the authority to investigate complaints or to institute corrective measures, as specified, (7) include specified training to each employee engaged in the grievance procedure, (8) include annual training for residential life student and nonstudent staff for the trauma-informed handling of reports regarding incidents of sexual harassment or violence at an institution with on-campus housing, (9) notify employees of the obligation to report sexual harassment to appropriate school officials, and (10) provide training to all employees on the identification of sexual harassment. This bill would authorize the Attorney General and any student or former student who alleges to have suffered injury in fact caused by a violation of these provisions to bring an action in a court to enjoin, or recover specified damages for, a violation of its provisions, as specified. The bill would authorize a court to assess a civil penalty not to exceed $2,500 per day of violation and $50,000 total per violation, against a postsecondary institution found to have violated this act in an action brought by the Attorney General. By imposing new duties on community college districts, this 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.

Statutes affected:
SB493: 66262.5 EDC
02/21/19 - Introduced: 66262.5 EDC
04/30/19 - Amended Senate: 66262.5 EDC
05/17/19 - Amended Senate: 66262.5 EDC
08/12/19 - Amended Assembly: 66262.5 EDC