Education: sex equity.

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 provides that a party to a written complaint of prohibited discrimination at certain public postsecondary educational institutions may appeal the action to specified bodies. Existing law also requires that persons who have filed a complaint of prohibited discrimination be advised by the educational institution that civil law remedies may also be available to the complainant. This bill would require, no later than January 1, 2022, except as specified, a postsecondary institution that receives state 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) adopt and publish on its internet website grievance procedures providing for the prompt and equitable resolution of sexual harassment complaints, (5) publish on the institution's internet website the name, title, and contact information for the Title IX coordinator or other 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, (6) include specified training to each employee engaged in the grievance procedure, (7) 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, (8) notify employees of the obligation to report sexual harassment to appropriate school officials, and (9) provide training to all employees on the identification of sexual harassment. The bill would authorize enforcement of these provisions through a civil action brought pursuant to existing law, as specified. 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.