SACRAMENTO – As the Trump Administration seeks to roll back Title IX protections, the California State Senate today approved State Sen. Hannah-Beth Jackson (D-Santa Barbara)’s legislation to protect the civil rights of California college students by requiring schools to follow specific procedures when responding to reports of sexual harassment and assault. The vote was 29 to 8.
In light of recent federal rollbacks and proposed regulations to Title IX — the federal civil rights law that prohibits sex discrimination in federally-funded schools — Senate Bill 493 would require California state-funded institutions of higher education to adopt common-sense procedures to ensure students’ equal access to education after reports of sexual harassment, including sexual violence and during investigations of these allegations.
“All California students deserve to pursue their education in a safe environment. It is critical that California’s schools continue to protect survivors through policies that treat them with dignity and respect,” said Senator Jackson. “Senate Bill 493 provides California campuses with the guidance they need to promote safe, fair, and respectful educational environments.”
Studies show at least one in five U.S. women and one in eight men survive sexual assault as undergraduates. Even more pervasive, 63 percent of students report experiencing sexual harassment in college. Schools’ failure to adequately address, investigate, and protect students from sexual violence deprives students of their right to equal education.
“After incidents of sexual assault or harassment, students should be able to rely on their schools to conduct fair investigations, provide accessible reporting options, and respond in a way that’s consistent, transparent, and equitable,” said Jessica Stender, Senior Counsel for Workplace Justice & Public Policy at Equal Rights Advocates. “SB 493 will ensure California colleges and universities have adequate processes in place to protect students’ civil rights to have equal access to their education, even after a traumatic event.”
The Trump Administration’s proposed regulations to Title IX (which have not yet taken effect) aim to change the way schools are required to respond to reports of sexual harassment and assault in ways that make it harder for survivors to report, and threaten students’ access to education after reporting. The proposed regulations include requiring schools to dismiss reports of off-campus incidents and raising the standard of evidence from preponderance of the evidence (more likely than not occurred) to “clear and convincing” evidence.
Senate Bill 493 would amend the California Education Code by providing necessary requirements for schools to follow when responding to reports of sexual assault and harassment. Key provisions would require schools to:
- Investigate reports of sexual harassment and assault, regardless of whether they took place on or off campus;
- Use a preponderance of the evidence standard in determining whether a respondent student is responsible, and if so, take immediate action;
- Provide training to school officials involved in investigating and reporting an assault;
- Use trauma-informed and impartial investigation procedures, including opportunity for both parties to present witness and other evidence;
- Notify students of complaint procedures and timelines.
Existing California law already requires higher education institutions that receive state funding to incorporate trauma-informed policies when addressing sexual assault, domestic and dating violence, and stalking involving students, both on and off campus.
SB 493 now moves to the Assembly.
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