AMENDED IN SENATE AUGUST 21, 2026
AMENDED IN SENATE AUGUST 13, 2026
AMENDED IN SENATE JULY 1, 2026
AMENDED IN ASSEMBLY MAY 18, 2026
AMENDED IN ASSEMBLY APRIL 23, 2026
AMENDED IN ASSEMBLY APRIL 16, 2026
AMENDED IN ASSEMBLY APRIL 6, 2026
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
92
Introduced by Assembly Member Bauer-Kahan
(Coauthors: Assembly Members Fong and Pellerin)
February 19, 2026
An act to amend Sections 66281.9, 67385.7, 87604.5, 89521, and 92612.1 of, and to repeal amend, repeal, and add Section 66262.5 of, the Education Code, relating to postsecondary education.
Vote: majority Appropriation: no Fiscal committee: yes Local program: yes
LEGISLATIVE COUNSEL’S DIGEST
The Equity in Higher Education Act provides, among other things, that all students have the right to participate fully in the educational process, free from discrimination and harassment. Existing law provides that sexual harassment of students is a form of prohibited sex discrimination and defines terms for purposes of the Equity in Higher Education Act.
This bill would would, commencing August 1, 2027, define additional terms for purposes of the act, including, among other terms, “digitized sexually explicit material,” “sextortion,” “technology-facilitated sexual harassment,” “affirmative consent,” and “written consent.”
and “affirmative consent.” The bill would also revise the definitions of “sexual harassment” and “sexual exploitation,” and make conforming changes.
To the extent that the bill would impose 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.
The people of the State of California do enact as follows:
Section 66262.5 of the Education Code is repealed.
SEC. 2.
Section 66262.5 is added to the Education Code, to read:
66262.5.
For purposes of this chapter, the following definitions apply:
(a) “Affirmative consent” means affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that the person has the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.
(b) (1) “Cyber sexual bullying” means the dissemination of, or the solicitation or incitement to disseminate, a photograph, digitized sexually explicit material, or other visual recording by means of an electronic act that has or can be reasonably predicted to have one or more of the following effects:
(A) Placing a reasonable person or persons in fear of harm to that person or persons or their property.
(B) Causing a reasonable person to experience a substantially detrimental effect on the person’s physical or mental health.
(C) Causing a reasonable person to experience substantial interference with the person’s academic performance, work, or employment.
(D) Causing a reasonable person to experience substantial interference with the person’s ability to participate in or benefit from the services, activities, or privileges provided by an educational institution.
(2) A photograph, digitized sexually explicit material, or other visual recording, as described in paragraph (1), includes the depiction of a nude, seminude, or sexually explicit photograph, digitized sexually explicit material, or other visual recording of a person in which the person is identifiable from the photograph, digitized sexually explicit material, visual recording, or other electronic act.
(3) “Cyber sexual bullying” does not include a depiction, portrayal, or image that has any serious literary, artistic, educational, political, or scientific value or that involves athletic events or sanctioned activities by the educational institution.
(c) “Cyber stalking” means stalking by means of an electronic communication device. For purposes of this paragraph, “stalking” and “electronic communication device” have the same meanings as the terms are used in Section 646.9 of the Penal Code.
(d) “Depicted individual” means an individual who is portrayed in sexually explicit material.
(e) “Digitization” means a process by which any of the following are realistically depicted:
(1) The nude body parts of another human being as the nude body parts of the depicted individual.
(2) Computer-generated nude body parts as the nude body parts of the depicted individual.
(3) The depicted individual engaging in sexual conduct in which the depicted individual did not engage.
(f) “Digitized sexually explicit material” means any portion of a visual or audiovisual work created or substantially altered through digitization, including an image, that shows the depicted individual in the nude or appearing to engage in, or being subjected to, sexual conduct.
(g) “Doxing” means an act when a person, with intent to place another person in reasonable fear for their safety, or the safety of the other person’s immediate family, by means of an electronic communication device, and without written consent of the other person, and, for the purpose of imminently causing that other person unwanted physical contact, injury, or harassment by a third party, electronically distributes, publishes, emails, hyperlinks, or makes available for downloading, personal identifying information, including, but not limited to, a digital image of another person, or an electronic message of a harassing nature about another person, that would be likely to incite or produce that unwanted physical contact, injury, or harassment by a third party. For purposes of this paragraph, “electronic communication device” means a telephone, cell phone, computer, internet web page or website, internet phone, hybrid cellular or wireless device, personal digital assistant, video recorder, fax machine, or pager.
(h) “Electronic act” means the creation or transmission, originating on campus or off campus of a public postsecondary educational institution, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, including, but not limited to, any of the following:
(1) A message, text, sound, video, or image.
(2) A post on a social network internet website or social media platform, including, but not limited to, any of the following:
(A) Posting to or creating a burn page. “Burn page” means an internet website created for the purpose of having one or more of the effects listed in paragraph (1) of subdivision (b).
(B) Creating a credible impersonation of another actual person for the purpose of having one or more of the effects listed in paragraph (1) of subdivision (b). “Credible impersonation” means to knowingly and without consent impersonate a person for the purpose of bullying the person such that another person would reasonably believe, or has reasonably believed, that the person was or is the person who was impersonated.
(C) Creating a false profile for the purpose of having one or more of the effects listed in paragraph (1). “False profile” means a profile of a fictitious person or a profile using the likeness or attributes of an actual person other than the person who created the false profile.
(3) An act of technology-facilitated sexual harassment.
(i) “Sextortion” means a threat to use sexual or intimate images or videos, however obtained, to compel another person to produce sexual or intimate images or videos, engage in sexual acts, or provide anything of value.
(j) “Sexual battery” means the intentional touching of another person’s intimate parts without consent, intentionally causing a person to touch the intimate parts of another without consent, or using a person’s own intimate part to intentionally touch another person’s body without affirmative consent.
(k) “Sexual conduct” means any of the following:
(1) Masturbation.
(2) Sexual intercourse, including genital, oral, or anal, whether between persons regardless of sex or gender or between humans and animals.
(3) Sexual penetration of the vagina or rectum by, or with, an object.
(4) The transfer of semen by means of sexual conduct from the penis directly onto the depicted individual as a result of ejaculation.
(5) Sadomasochistic abuse involving the depicted individual.
(l) “Sexual exploitation” means a person taking sexual advantage of another person for the benefit of anyone other than that person without that person’s affirmative consent, including, but not limited to, any of the following acts:
(1) The prostituting of another person.
(2) The trafficking of another person, defined as the inducement of a person to perform a commercial sex act, or labor or services, through force, fraud, or coercion.
(3) The recording of images, including video or photograph, or audio, of another person’s sexual activity or intimate parts, without that person’s affirmative consent.
(4) The distribution of images, including video or photograph, or audio, of another person’s sexual activity or intimate parts, if the individual distributing the images, video, photograph, or audio knows or should have known that the person depicted in the images, video, photograph, or audio did not provide affirmative consent to the disclosure.
(5) The viewing of another person’s sexual activity or intimate parts in a place where that other person would have a reasonable expectation of privacy, without that person’s affirmative consent, for the purpose of arousing or gratifying sexual desire.
(6) The creation, generation, or distribution of digitized sexually explicit materials without the distinct and separate written consent of the depicted individual or individuals for each such act.
(7)
The creation or generation of digitized sexually explicit material of another person’s sexual activity or intimate parts, without that person’s written consent.
(8)
The distribution of digitized sexually explicit material of another person’s sexual activity or intimate parts, if the individual distributing the digitized sexually explicit material knows or should have known that the person depicted in the digitized sexually explicit material did not provide written consent to the disclosure.
(m)
(1) “Sexual harassment” means unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature, made by someone from or in a work or educational setting, under any of the following conditions:
(A) Submission to the conduct is explicitly or implicitly made a term or a condition of an individual’s employment, academic status, or progress.
(B) Submission to, or rejection of, the conduct by the individual is used as the basis of employment or academic decisions affecting the individual.
(C) The conduct has the purpose or effect of having a negative impact upon the individual’s work or academic performance, or of creating an intimidating, hostile, or offensive work or educational environment.
(D) Submission to, or rejection of, the conduct by the individual is used as the basis for a decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through the educational institution.
(2) “Sexual harassment” includes, but is not limited to, all of the following:
(A) Sexual exploitation.
(B) Sexual violence, including, but not limited to, sexual battery.
(C)
Technology-facilitated sexual harassment, including, but not limited to, cyber sexual bullying, cyber stalking, sextortion, and doxing.
(3) Sexual harassment of students is a form of sex discrimination prohibited by Section 66270.
(n)
“Sexual violence” means physical sexual acts perpetrated against a person without the person’s affirmative consent. Physical sexual acts include both of the following:
(1) Rape, defined as penetration, no matter how slight, of the vagina or anus with any part or object, or oral copulation of a sex organ by another person, without the affirmative consent of the victim.
(2) Sexual battery, as defined in subdivision (j).
(o)
(1) “Technology-facilitated sexual harassment” means sexual harassment that occurs on, or is facilitated by, digital platforms or digital technologies.
(2) “Technology-facilitated sexual harassment” includes, but is not limited to, cyber sexual bullying, cyber stalking, sextortion, and doxing.
(p) (1) “Written consent” means an agreement written in plain language signed knowingly and voluntarily by the depicted individual that includes a general description of the digitized sexually explicit material and the visual or audiovisual work in which it will be incorporated.
(2) A depicted individual may rescind consent by delivering written notice within three business days from the date consent was given to the person in whose favor consent was made, unless one of the following requirements is satisfied:
(A) The depicted individual is given at least 72 hours to review the terms of the agreement before signing the agreement.
(B) The depicted individual’s authorized representative provides written approval of the signed agreement.
SECTION 1.
Section 66262.5 of the Education Code is amended to read:
66262.5.
(a) (1) “Sexual harassment” has the same meaning as defined in Section 212.5 and includes sexual battery, sexual violence, and sexual exploitation.
(2) Sexual harassment of students is a form of sex discrimination prohibited by Section 66270.
(b) For purposes of this chapter, the following terms have the following meanings:
(1) “Sexual violence” means physical sexual acts perpetrated against a person without the person’s affirmative consent, as defined in paragraph (1) of subdivision (a) of Section 67386. Physical sexual acts include both of the following:
(A) Rape, defined as penetration, no matter how slight, of the vagina or anus with any part or object, or oral copulation of a sex organ by another person, without the consent of the victim.
(B) Sexual battery, as defined in paragraph (2).
(2) “Sexual battery” means the intentional touching of another person’s intimate parts without consent, intentionally causing a person to touch the intimate parts of another without consent, or using a person’s own intimate part to intentionally touch another person’s body without consent.
(3) “Sexual exploitation” means a person taking sexual advantage of another person for the benefit of anyone other than that person without that person’s consent, including, but not limited to, any of the following acts:
(A) The prostituting of another person.
(B) The trafficking of another person, defined as the inducement of a person to perform a commercial sex act, or labor or services, through force, fraud, or coercion.
(C) The recording of images, including video or photograph, or audio of another person’s sexual activity or intimate parts, without that person’s consent.
(D) The distribution of images, including video or photograph, or audio of another person’s sexual activity or intimate parts, if the individual distributing the images or audio knows or should have known that the person depicted in the images or audio did not consent to the disclosure.
(E) The viewing of another person’s sexual activity or intimate parts, in a place where that other person would have a reasonable expectation of privacy, without that person’s consent, for the purpose of arousing or gratifying sexual desire.
(c) This section shall become inoperative on August 1, 2027, and, as of January 1, 2028, is repealed.
SEC. 2.
Section 66262.5 is added to the Education Code, to read:
66262.5.
(a) For purposes of this chapter, the following definitions apply:
(1) “Affirmative consent” means affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that the person has the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.
(2) “Depicted individual” means an individual who is portrayed in sexually explicit material.
(3) “Digitization” means a process by which any of the following are realistically depicted:
(A) The nude body parts of another human being as the nude body parts of the depicted individual.
(B) Computer-generated nude body parts as the nude body parts of the depicted individual.
(C) The depicted individual engaging in sexual conduct in which the depicted individual did not engage.
(4) “Digitized sexually explicit material” means any portion of a visual or audiovisual work created or substantially altered through digitization, including an image, that shows the depicted individual in the nude or appearing to engage in, or being subjected to, sexual conduct.
(5) “Sextortion” means a threat to use sexual or intimate images or videos, however obtained, to compel another person to produce sexual or intimate images or videos, engage in sexual acts, or provide anything of value.
(6) “Sexual battery” means the intentional touching of another person’s intimate parts without consent, intentionally causing a person to touch the intimate parts of another without consent, or using a person’s own intimate part to intentionally touch another person’s body without affirmative consent.
(7) “Sexual conduct” means any of the following:
(A) Masturbation.
(B) Sexual intercourse, including genital, oral, or anal, whether between persons regardless of sex or gender or between humans and animals.
(C) Sexual penetration of the vagina or rectum by, or with, an object.
(D) The transfer of semen by means of sexual conduct from the penis directly onto the depicted individual as a result of ejaculation.
(E) Sadomasochistic abuse involving the depicted individual.
(8) “Sexual exploitation” means a person taking sexual advantage of another person for the benefit of anyone other than that person without that person’s affirmative consent, including, but not limited to, any of the following acts:
(A) The prostituting of another person.
(B) The trafficking of another person, defined as the inducement of a person to perform a commercial sex act, or labor or services, through force, fraud, or coercion.
(C) The recording of images, including video or photograph, or audio, of another person’s sexual activity or intimate parts, without that person’s affirmative consent.
(D) The distribution of images, including video or photograph, or audio, of another person’s sexual activity or intimate parts, if the individual distributing the images, video, photograph, or audio knows or should have known that the person depicted in the images, video, photograph, or audio did not provide affirmative consent to the disclosure.
(E) The viewing of another person’s sexual activity or intimate parts in a place where that other person would have a reasonable expectation of privacy, without that person’s affirmative consent, for the purpose of arousing or gratifying sexual desire.
(F) The creation or generation of digitized sexually explicit materials without the depicted individual’s written consent.
(G) The distribution of digitized sexually explicit materials, if the individual distributing the materials knows or should have known that the depicted individual did not provide written consent to the disclosure.
(9) (A) “Sexual harassment” means unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature, made by someone from or in a work or educational setting, under any of the following conditions:
(i) Submission to the conduct is explicitly or implicitly made a term or a condition of an individual’s employment, academic status, or progress.
(ii) Submission to, or rejection of, the conduct by the individual is used as the basis of employment or academic decisions affecting the individual.
(iii) The conduct has the purpose or effect of having a negative impact upon the individual’s work or academic performance, or of creating an intimidating, hostile, or offensive work or educational environment.
(iv) Submission to, or rejection of, the conduct by the individual is used as the basis for a decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through the educational institution.
(B) “Sexual harassment” includes, but is not limited to, all of the following:
(i) Sexual exploitation.
(ii) Sexual violence, including, but not limited to, sexual battery.
(iii) Stalking.
(iv) Sextortion.
(v) Technology-facilitated sexual harassment.
(C) Sexual harassment of students is a form of sex discrimination prohibited by Section 66270.
(10) “Sexual violence” means physical sexual acts perpetrated against a person without the person’s affirmative consent. Physical sexual acts include both of the following:
(A) Rape, defined as penetration, no matter how slight, of the vagina or anus with any part or object, or oral copulation of a sex organ by another person, without the affirmative consent of the victim.
(B) Sexual battery, as defined in paragraph (6).
(11) “Stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to do either of the following:
(A) Fear for their safety or the safety of others.
(B) Suffer substantial emotional distress.
(12) “Technology-facilitated sexual harassment” means sexual harassment that occurs on, or is facilitated by, digital platforms or digital technologies.
(b) This section shall become operative on August 1, 2027.
SEC. 3.
Section 66281.9 of the Education Code is amended to read:
66281.9.
(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 defined in 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.Section 67385.7 of the Education Code is amended to read:
67385.7.
(a) The governing board of each community college district and the Trustees of the California State University shall, and the Regents of the University of California are requested to, in collaboration with campus-based and community-based victim advocacy organizations, provide, as part of established campus orientations, educational and preventive information about sexual violence to students at all campuses of their respective segments. For a campus with an existing on-campus orientation program, this information shall be provided, in addition to the sexual harassment information required to be provided pursuant to subdivision (e) of Section 66281.5, during the regular orientation for incoming students.
(b) (1) Each campus of the California Community Colleges and the California State University shall post educational and preventive information on sexual violence and sexual harassment on its campus internet website.
(2) Each campus of an independent institution of higher education, a private postsecondary educational institution, and the University of California is requested to post educational and preventive information on sexual violence and sexual harassment on its campus internet website.
(c) The educational and preventive information provided pursuant to this section shall include, but not be limited to, all of the following:
(1) Common facts and myths about the causes of sexual violence and sexual harassment.
(2) What constitutes sexual violence and sexual harassment, including information on how to file internal administrative complaints with the institution of higher education and how to file criminal charges with local law enforcement officials.
(3) The availability of, and contact information for, campus and community resources for students who are victims of sexual violence and sexual harassment.
(4) Methods of encouraging peer support for victims and the imposition of sanctions on offenders.
(5) Information regarding campus, criminal, and civil consequences of committing acts of sexual violence and sexual harassment.
(d) (1) Beginning on September 1, 2024, and each year thereafter, the California Community Colleges, the California State University, independent institutions of higher education that receive state financial assistance, and private postsecondary educational institutions that receive state financial assistance shall, and the University of California is requested to, annually train its students on sexual violence and sexual harassment, and on or before September 1, 2026, and every two years thereafter, consider updating the annual training.
(2) Beginning on September 1, 2024, and each year thereafter, students attending the California Community Colleges shall complete their annual training within six months of the beginning of the academic year.
(3) The annual training for students established in paragraph (1) shall cover all of the following topics:
(A) Common facts and myths about the causes of sexual violence and sexual harassment.
(B) What constitutes sexual violence and sexual harassment, including information on how to file internal administrative complaints with the institution of higher education and how to file criminal charges with local law enforcement officials.
(C) The availability of, and contact information for, campus and community resources for students who are victims of sexual violence and sexual harassment.
(D) Methods of encouraging peer support for victims and the imposition of sanctions on offenders.
(E) Information regarding campus, criminal, and civil consequences of committing acts of sexual violence and sexual harassment.
(F) The contact information of a Title IX coordinator or a similar position.
(G) As referenced in subparagraph (B) of paragraph (6) of subdivision (b) of Section 66281.8, 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.
(4) Beginning on September 1, 2026, the annual training for students established in paragraph (1) shall cover all of the following topics:
(A) How to recognize if a person is at risk of alcohol- and drug-facilitated sexual assault, including, but not limited to, common symptoms following alcohol and drug consumption and intoxication.
(B) Effective measures that can be taken to prevent involuntary alcohol and drug consumption and ways to respond to circumstances where a person may be involuntarily intoxicated and at risk for alcohol- and drug-facilitated sexual assault.
(C) As part of the topic covered pursuant to subparagraph (A) of paragraph (3), common facts and myths regarding alcohol- and drug-facilitated sexual assault.
(D) Information related to confidential support and care resources for situations that arise as a result of an act of sexual violence or sexual harassment, or both, including, but not limited to, contact information and the availability of confidential medical and transportation services, forensic examination sites, and, to the extent available, rape crisis centers on campus or within the surrounding community of the campus.
(e) This section does not prevent the California Community Colleges, the California State University, independent institutions of higher education, private postsecondary educational institutions, and the University of California from incorporating the training developed pursuant to subdivision (d) from being integrated into existing trainings as referenced in subdivision (a).
(f) A community college district may authorize students to self-certify that they have completed training developed pursuant to this section.
(g) As used in this section, the following terms have the following meanings:
(1) “Drugs” includes, but is not limited to, flunitrazepam, ketamine, and gamma hydroxybutyric acid, which is also known by other names, including, but not limited to, GHB, gamma hydroxyl butyrate, 4-hydroxybutyrate, 4-hydroxybutanoic acid, sodium oxybate, and sodium oxybutyrate.
(2) “Independent institutions of higher education” has the same meaning as that term is defined in Section 66010.
(3) “Private postsecondary educational institution” has the same meaning as that term is defined in Section 94858.
(4) “Sexual harassment” has the same meaning as that term is defined in subdivision (m) of Section 66262.5.
(5) “Sexual violence” has the same meaning as that term is defined in subdivision (n) of Section 66262.5.
(6) “Training” or “train” includes, but is not limited to, in-person, remote, or video instruction. “Training” or “train” shall not include instruction that is only provided through written materials.
(h) Campuses of the California Community Colleges and the California State University shall, and campuses of the University of California are requested to, develop policies to encourage students to report any campus crimes involving sexual violence to the appropriate campus authorities.
(i) Campuses are urged to adopt policies to eliminate barriers for victims who come forward to report sexual assaults, and to advise students regarding these policies. These policies may include, but are not limited to, exempting the victim from campus sanctions for being in violation of any campus policies, including alcohol or substance abuse policies or other policies of the campus, at the time of the incident.
(j) The Board of Governors of the California Community Colleges and the Trustees of the California State University shall, and the Regents of the University of California are requested to, develop and adopt regulations setting forth procedures for the implementation of this section by campuses in their respective segments.
SEC. 5.SEC. 4.
Section 87604.5 of the Education Code is amended to read:
87604.5.
(a) The governing board of a community college district shall, as part of the hiring process for an appointment to an academic, athletic, or administrative position with that district, 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 community college district concerning any substantiated allegations of misconduct in order to permit the community college district 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 community college district 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) A community college district shall 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 community college district 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 defined in 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.SEC. 6.SEC. 5.
Section 89521 of the Education Code is amended to read:
89521.
(a) The trustees shall, as part of the hiring process for an appointment to an academic, athletic, or administrative position with the California State University, 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 campus of the California State University concerning any substantiated allegations of misconduct in order to permit the campus 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 campuses of the California State University 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) The California State University shall not ask an applicant to disclose, orally or in writing, information concerning any final administrative decision or final judicial decision described in subdivision (a), including any inquiry about an applicable decision on any employment application, until the California State University 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 campus. (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 defined in 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.SEC. 7.SEC. 6.
Section 92612.1 of the Education Code is amended to read:
92612.1.
(a) The regents are requested, as part of the hiring process for an applicant applying for an academic, athletic, or administrative position with the University of California, to do both of the following: (1) 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 misconduct, including sexual harassment. (2) Permit applicants to disclose if they have filed an appeal with the previous employer, administrative agency, or court, if applicable. (b) The University of California is 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 University of California 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) “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. (2) “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. (3) “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. (4) “Sexual harassment” has the same meaning as defined in Section 66262.5 or, if applicable, as defined by the federal regulations implementing Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.).SEC. 8.SEC. 7.