Mike Fong

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. Existing law requires, no later than January 1, 2022, except as specified, the governing board or body of a postsecondary educational institution that receives state financial assistance to provide students with procedural protections relating to complaints of sexual harassment, including the requirement to adopt and publish on its internet website grievance procedures providing for the prompt and equitable resolution of sexual harassment complaints filed by a student against an employee or another student. Existing law requires that the grievance procedures afford both student parties the opportunity to each have a support person or adviser accompany the student party during any stage of the process.

This bill would instead require that the grievance procedures afford each student party the opportunity to have a support person and an advisor accompany the student party during any stage of the process, as specified. The bill would also require the governing board or body of a postsecondary educational institution that receives state financial assistance and state student financial aid to allow each complainant or respondent of a sexual harassment complaint to have a support person, in addition to an advisor, accompany the parties of a sexual harassment complaint during the grievance procedures that provide for the prompt and equitable resolution of sexual harassment complaints pursuant to the above-described procedural protections for students or Title IX, as specified. By imposing new 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.