Student safety: sexual assault and domestic violence procedures and protocols: sexual assault and domestic violence counselors.

(1) 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. Existing law requires the governing board of a community college district, the Trustees of the California State University, the Board of Directors of the Hastings College of the Law, and the Regents of the University of California to adopt and implement a written procedure or protocols to ensure that students, faculty, and staff who are victims of sexual assault committed at specified locations receive treatment and certain information, as provided. This requirement applies to the University of California only if the regents, by appropriate resolution, make it applicable. Existing law requires these public postsecondary governing bodies, including the regents if they make it applicable by appropriate resolution, to annually review, and update as necessary, in collaboration with sexual assault counselors and student, faculty, and staff representatives, the written procedure or protocols related to sexual assault. This bill would expand the written procedure or protocols to apply to those students, faculty, and staff who are victims of sexual assault or domestic violence at any location. The bill would require sexual assault and domestic violence counselors to be independent of the campus Title IX office, to meet certain education and experience qualifications, to provide services regardless of whether a report is made to the Title IX office or law enforcement, and to obtain specific permission, as defined, from the victim before disclosing or revealing the victim's identity to any authority, including law enforcement, unless otherwise required to do so by law, as provided. The bill would expand the information that victims are required to receive, including information regarding the availability of counselors and support services and information regarding any alternative dispute resolution or other accountability processes. To the extent that this provision would create new duties for community college districts, it would constitute a state-mandated local program. (2) Existing law establishes the California State University, under the administration of the Trustees of the California State University, as a segment of public postsecondary education comprising 23 institutions located throughout the state. Existing law establishes the Chancellor of the California State University as the chief executive officer of the segment. This bill would authorize the chancellor, when reviewing and updating any executive orders relating to discrimination, harassment, and retaliation for purposes of enforcing or implementing the requirements described in paragraph (1) above, to do so in collaboration with specified officers and employees of the university. The bill would require the texts of these executive orders to be submitted in an annual report to the chairs of the Assembly Committee on Higher Education and the Senate Committee on Education. (3) 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. This bill would incorporate additional changes to Section 67385 of the Education Code proposed by AB 1936 to be operative only if this bill and AB 1936 are enacted and this bill is enacted last.