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<ns0:Id>20250AB__173098AMD</ns0:Id>
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<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-05</ns0:ActionDate>
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<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
<ns0:ActionDate>2026-03-19</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Fong</ns0:AuthorText>
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<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Fong</ns0:Name>
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<ns0:Title>An act to add the heading of Chapter 1 (commencing with Section 70900) to, and to add Chapter 2 (commencing with Section 70920) to, Part 43 of Division 7 of Title 3 of the Education Code, relating to community colleges, and making an appropriation therefor.</ns0:Title>
<ns0:RelatingClause>community colleges, and making an appropriation therefor</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Community colleges: external resolution services for civil rights compliance: managing entity and Title IX coordinator.</ns0:Subject>
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<html:p>Existing law establishes the California Community Colleges, administered by the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in the state. Existing law establishes community college districts throughout the state under the administration of community college district governing boards.</html:p>
<html:p>Existing law prohibits a person from being subjected to discrimination on the basis of specified attributes, including, among others, disability, gender, nationality, race or ethnicity, or immigration status, in a program or activity conducted by a postsecondary educational institution that receives, or benefits from, state financial assistance or enrolls students who receive state student financial aid,
including, among others, community colleges.</html:p>
<html:p>This bill would require the board of governors, on or before June 1, 2027, and every 3 years thereafter, to enter into a contract with a managing entity, as defined, to administer on behalf of the California Community Colleges external resolution services for civil rights compliance, including, among other services, developing and recommending a nondiscrimination policy, assisting the office of the Chancellor of the California Community Colleges in developing a campus discrimination prevention training program for students and employees, and addressing grievances and complaints alleging discrimination, as specified. The bill would also require the board of governors to approve and annually update the nondiscrimination policy recommended by the managing entity, require the governing boards of community college districts to adopt the policy, and impose a fine on community college districts that do not adopt the policy, as
provided. The bill would further require community college districts to designate a staff person as a Title IX coordinator tasked with specified duties, including, among others, responding to complaints alleging discrimination and maintaining a record system of files on those complaints, as specified. The bill would establish, for a complainant or respondent dissatisfied with an administrative decision made by the managing entity or the Title IX coordinator regarding the outcome of the complaint, a process to appeal that decision to the chancellor’s office, as provided.</html:p>
<html:p>This bill would establish in the State Treasury the External Resolution Services Fund as a continuously appropriated fund, thereby making an appropriation, for the payment of the above-described services rendered by the managing entity, as provided. The bill would require a community college district to deposit into the fund the district’s proportional share of the payment for the services rendered
by the managing entity in the prior fiscal year based on the number of full-time equivalent students in the community college district, as provided. If a community college district does not pay its proportional share into the fund, the bill would require that amount to be withheld from the community college district’s 2nd principal apportionment.</html:p>
<html:p>By imposing new duties on community college districts, this bill would impose a state-mandated local program.</html:p>
<html:p>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.</html:p>
<html:p>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.</html:p>
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<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>YES</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
<ns0:LocalProgram>YES</ns0:LocalProgram>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_26107237-A510-4B70-BDBA-65C4F0BE94F9">
<ns0:Num>SECTION 1.</ns0:Num>
<ns0:Content>
<html:p>
(a)
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The Legislature finds and declares all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
California has long been at the forefront of educational equity.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In 2020, the Legislature, in partnership with Senator Hannah-Beth Jackson, took a necessary step in addressing sexual harassment on college and university campuses by providing a codified process for adjudicating complaints of sexual or gender-based violence, including dating or domestic violence, at postsecondary educational
institutions in the state.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
In 2024, the chair of the Assembly Committee on Higher Education, Assembly Member Mike Fong, published a report on how postsecondary educational institutions in California can address sex discrimination and provide educational justice on campus. The report led to widespread reform with new laws restricting the use of informal resolutions, requiring public postsecondary educational institutions to report on the outcomes of complaints on campuses within their respective systems, and establishing staffing requirements for campus-based Title IX offices at the California State University and the University of California.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
In compliance with Chapter 694 of the Statutes of 2024 (Assembly Bill 2048) the office of the Chancellor of the California Community Colleges, in consultation with stakeholders, submitted a report to the Legislature with
recommendations for establishing systemic campus reforms that effectively prevent, detect, and address sexual harassment on community college campuses.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The report contained research to uncover the obstacles preventing community colleges from complying with existing state and federal laws pertaining to gender equity on campus. The report found all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
No single community college district reviewed had campus policies or procedures in full compliance with state or federal laws or regulations.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Community college Title IX coordinators spent a fraction of their time working on sexual harassment prevention compliance, often balancing it with roles in student conduct, human resources, disability services, or general compliance.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The
system lacked the finances to adequately address complaints by students and staff which has greatly contributed to the breakdown in student’s and employee’s trust in the system’s ability to handle complaints of discrimination.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
California set out to be the gold standard in educational equity on campus, but without structural change, California is instead creating a compliance system where community college students and employees are left unprotected.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Given the findings and declarations described in subdivision (a), it is the intent of the Legislature to provide adequately funded infrastructure for the California Community Colleges to address complaints alleging discrimination on community college campuses, and for the Board of Governors of the California Community Colleges to enter into a contract with a managing entity for purposes of externally
resolving those complaints in a professional, compliant, and impartial manner.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
It is the further intent of the Legislature that the managing entity accomplishes all of the following purposes:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Operating as an independent entity contracted with the Board of Governors of the California Community Colleges for providing civil rights services to each community college district and campus.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Providing centralized, professional, and consistent trauma-informed responses to civil rights complaints received by community college districts and campuses.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Ensuring compliance with state and federal laws and regulations for preventing, and responding to complaints of, discrimination on community college campuses.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Providing scalable access to external investigators, adjudicators, advisors, advocates, and educational programming for each community college campus.
</html:p>
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<ns0:Num>SEC. 2.</ns0:Num>
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The heading of Chapter 1 (commencing with Section 70900) is added to Part 43 of Division 7 of Title 3 of the
<ns0:DocName>Education Code</ns0:DocName>
, to read:
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<ns0:Num>1.</ns0:Num>
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<ns0:LawHeadingText>Walter Stiern Act</ns0:LawHeadingText>
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<ns0:Num>SEC. 3.</ns0:Num>
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Chapter 2 (commencing with Section 70920) is added to Part 43 of Division 7 of Title 3 of the
<ns0:DocName>Education Code</ns0:DocName>
, to read:
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<ns0:LawHeading id="id_E490A9DD-184C-475F-A09B-936427228724" type="CHAPTER">
<ns0:Num>2.</ns0:Num>
<ns0:LawHeadingVersion id="id_D3B81D46-5809-4599-B00A-E91E4FA174E9">
<ns0:LawHeadingText>California Community College External Resolution for Civil Rights Compliance</ns0:LawHeadingText>
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<ns0:Num>70920.</ns0:Num>
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<html:p>This chapter shall be known, and may be cited, as the California Community College External Resolution for Civil Rights Compliance.</html:p>
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<ns0:LawSection id="id_4D018678-FC06-44DD-99AB-AC3CD1EFB188">
<ns0:Num>70921.</ns0:Num>
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<ns0:Content>
<html:p>For purposes of this chapter, the following definitions apply:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
“Board of Governors” means the Board of Governors of the California Community Colleges established in Section 70900.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
“California Community Colleges” means a postsecondary education system consisting of community college districts and community college campuses described in Section 70900.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
“Chancellor” means the Chancellor of the California Community Colleges.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
“Chancellor’s office” means the office of the Chancellor of the California Community Colleges.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
“Governing board” means a board of trustees that oversees a community college district pursuant to Section 70902.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
“Managing entity” means the entity contracted pursuant to Section 70922.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
“Sexual harassment” has the same meaning as used in Section 66262.5.
</html:p>
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<ns0:LawSection id="id_BFB2880C-67DE-4844-AFCE-1509F1A5D888">
<ns0:Num>70922.</ns0:Num>
<ns0:LawSectionVersion id="id_A9DCCFCA-12D0-4CAC-B541-CD8A6EE9EF32">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
On or before June 1, 2027, and every three years thereafter, the board of governors shall enter into a three-year contract with a managing entity to administer on behalf of the California Community Colleges external resolution services for civil rights compliance. The three-year contract shall not be subject to the competitive bidding process outlined in Sections 10339 and 10340 of the Public Contract Code. The contract shall comply with the requirements established pursuant to this chapter.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The services provided by the managing entity shall include all the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Developing and recommending a nondiscrimination policy for the California Community Colleges. The
nondiscrimination policy shall comply with all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The policy shall include federal and state nondiscrimination laws and regulations, including, but not limited to, Subchapter 5 (commencing with Section 59300) of Chapter 10 of Division 6 of Title 5 of the California Code of Regulations, Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), Title VI, Title VII, and Title VIII of the federal Civil Rights Act of 1964 (42 U.S.C. Sec. 2000d et seq., 42 U.S.C. Sec 2000e et seq., and 42 U.S.C. Sec. 3601 et seq.), Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code), and Sections 66281.4, 66281.5, 66281.8, 67385, 67385.7, and 67386.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The policy shall be updated annually to reflect
changes in federal regulations and state law.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The policy shall include nationally recognized best practices for policies and procedures to address and prevent discrimination on community college campuses.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The policy shall provide streamlined procedures to ensure complaints alleging discrimination are handled in a trauma-informed and timely manner.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The policy shall provide prevention plans and programming for community college districts to implement annually.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Conducting, in coordination with the Title IX coordinator for a community college district, full-service grievance procedures for all Title IX and sexual harassment complaints filed, pursuant to Section 66281.8, by students and employees of a community college maintained by the
community college district. These procedures shall include intake, supportive measures, investigations, live hearings, formal and informal resolutions, and appeals of Title IX complaints. Appeals shall be handled in collaboration with the chancellor’s office pursuant to Section 70927.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Addressing grievances and complaints alleging a violation of the nondiscrimination policy described in paragraph (1).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Providing access to trauma-informed advocates, advisors, process facilitators, and decisionmakers for the grievance and complaint processes and procedures.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Maintaining a roster of external investigators and hearing officers. The individuals on the roster shall comply with applicable due process requirements and impartiality standards, and shall be trained on the nondiscrimination laws and regulations
described in subparagraph (A) of paragraph (1) and trauma-informed practices.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Coordinating with the Title IX coordinator for each community college district to implement disciplinary sanctions on respondents who are found to have violated the nondiscrimination policy described in paragraph (1). These sanctions may include, but are not limited to, educational programs for respondents.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Offering complainants and respondents referrals to advocacy and support services.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Developing and implementing training for the Title IX coordinators for community college districts on the nondiscrimination policy described in paragraph (1) and prevention strategies. The curriculum of the training shall satisfy all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Be developed and delivered
to each community college district Title IX coordinator with mandates and recertification cycles.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Include modules on trauma-informed practices, cultural competency, due process, and California-specific legal requirements.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Have a flexible modality for both in-person and virtual completion of the training.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Be annually updated to reflect changes in federal and state laws and regulations and in best practices, including, but not limited to, those described in subparagraph (C) of paragraph (1), and to address patterns of occurrences of discrimination incidents on campus.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Assisting the chancellor’s office in developing a campus discrimination prevention training program for students and employees. This training program shall include all of the
following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Required bystander intervention training, policy awareness training, and primary prevention training.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
An approach of intersectionality that calls for a pursuit of culturally relevant programs and practices that name and meaningfully consider how students and employees with different characteristics, including, but not limited to, different races, national origins, gender identities, socioeconomic classes, sexual orientations, and abilities, interact with each other.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Training that contains feedback loops to determine whether the training is having the intended effect.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Training that complies with Section 67385.7.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Annual updates to respond to patterns of
discrimination occurrences based on complaints processed pursuant to paragraphs (2) and (3).
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Modalities offered in-person and online.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Establishing a range of disciplinary sanctions for students and employees who are respondents found by the managing entity to have violated the nondiscrimination policy described in paragraph (1).
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
Maintaining a case management system that includes, for each complaint alleging discrimination, including, but not limited to, sexual harassment, all of the following information:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The date of the complaint, and the date, nature, and location of the alleged incident or incidents.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The name of the person who reported the complaint and their
affiliation with the campus, or whether the complaint was reported anonymously.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The name and title of the person who received the complaint.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The name of the person alleged to have experienced discrimination and their affiliation with the campus.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The name of the respondent and their affiliation with the campus.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Any campus community context, including, but not limited to, the athletic team, student organization, department, or office where the alleged incident or incidents occurred.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
A copy of the notice of allegations provided to the parties. If the complaint was dismissed, a copy of the written notice of dismissal shall be provided to the parties with the reason for the
dismissal.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Whether an investigation was opened, or, if applicable, the reason for declining to investigate the complaint.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The name of the person assigned to investigate the complaint, and the name of the person assigned to implement any supportive measures in response to the complaint.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
All supportive measures offered and implemented in response to the complaint.
</html:p>
<html:p>
(K)
<html:span class="EnSpace"/>
The names of all witnesses identified by either party, interview notes or summaries, if available, and, for any witnesses who were not interviewed, an explanation of why they were not interviewed.
</html:p>
<html:p>
(L)
<html:span class="EnSpace"/>
Once completed, the final investigative report for the complaint and any response made to the final investigative
report by the complainant or respondent.
</html:p>
<html:p>
(M)
<html:span class="EnSpace"/>
The outcome of the complaint, including, if applicable, the rulings from a hearing on the complaint and any disciplinary sanctions.
</html:p>
<html:p>
(N)
<html:span class="EnSpace"/>
The remedies recommended and if those recommendations were implemented to deter and prevent the reoccurrence of discrimination incidents.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
Providing annual reporting on the services provided pursuant to this subdivision to ensure campus programs and activities are free from discrimination. The contents of this report shall be included in the report required pursuant to Section 66282.1.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
Providing a dashboard that allows each community college campus to have instant information about the status of all of the complaints filed by the community college or the community
college district with the managing entity.
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
Providing integration of federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 U.S.C. Sec. 1092(f)) and federal Campus Sexual Violence Elimination Act (20 U.S.C. Sec. 1092(f)) compliance imperatives.
</html:p>
<html:p>
(15)
<html:span class="EnSpace"/>
Liaising with community college representatives to ensure that local control is respected. All outcomes issued by the managing entity shall be subject to the approval of the Title IX coordinator and, as required pursuant to state law, the governing board.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The board of governors shall approve and annually update a nondiscrimination policy developed and recommended by the managing entity pursuant to paragraph (1) of subdivision (b).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
When the nondiscrimination policy is annually updated pursuant to paragraph (1), it shall be updated to reflect changes in federal regulations and state law.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The managing entity shall be responsible for fulfilling the services described in subdivision (b) for each community college district by doing all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Employing trained and competent staff with the capacity to provide the services described in subdivision (b) to each community college district within a reasonable timeframe, as agreed upon by the community college district and the managing entity.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Maintaining a list of external investigators, hearing officers, and decisionmakers to assist the managing entity in performing the services described in subdivision (b). The managing entity shall be responsible for training and
maintaining work product standards that ensure that the quality of work produced by investigators, hearing officers, and decisionmakers matches the quality of work of those directly employed by the managing entity. All work conducted shall be trauma informed and aligned with the nondiscrimination policy created pursuant to subdivision (b).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Entering into contracts, as necessary, with law firms or consultants to assist the managing entity in performing the services provided in subdivision (b). The managing entity shall be responsible for training and maintaining work product standards that ensure that the quality of work produced by contracted law firms or consultants matches the quality of work of those directly employed by the managing entity. All work conducted shall be trauma informed and aligned with the nondiscrimination policy adopted pursuant to subdivision (c).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Maintaining an up-to-date network of advocacy organizations for complainant and respondent referrals for support services within each county of the state.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Reporting, in January and in July of each year, to the board of governors that includes, for the previous six months, all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The services provided by the managing entity pursuant to subdivision (b), disaggregated by each community college district that requested those services.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The number of contracts entered into by the managing entity with law firms or consultants to perform the services described in subdivision (b).
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The total costs of the services provided pursuant to subdivision (b) by the managing entity for community
college districts.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The January report described in clause (i) shall include an evaluation of the cost of the services provided pursuant to subdivision (b) by the managing entity, and whether any additional costs are required in the subsequent fiscal year to maintain those services. If additional staff or resources are needed, the board of governors shall make a request for the additional staffing or resources, as applicable, in compliance with the policies established for making budgetary requests for the California Community Colleges.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In selecting the managing entity, the board of governors shall select a qualified candidate pursuant to this subdivision with the capacity to perform the services described in subdivision (b).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A qualified candidate for the managing entity is a
candidate that has all the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Existing capacity to provide all of the services described in subdivision (b), in alignment with industry standards and in a trauma-informed manner.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A record of managing 500 college-based federal Title IX or sexual harassment complaints annually, with the capacity to scale to more than 1,000 complaints annually.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Substantial experience with civil rights investigations and resolutions under the nondiscrimination laws and regulations described in subparagraph (A) of paragraph (1) of subdivision (b).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The ability to employ staff with prior experience as Title IX coordinators, deputy coordinators, and investigators.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The ability to provide
in-person advisors for complainants and respondents in the state.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The ability to offer complainant advocacy and respondent support services through trained and dedicated professionals.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The capacity to manage potential conflicts of interest and avoid overlapping roles that might create impermissible conflicts.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
The ability to complete a high volume of resolutions in alignment with institutional timelines for prompt resolution.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The ability to coordinate with more than 100 potential clients simultaneously, to keep community college district Title IX coordinators appraised of progress, and to engage in consultation, as necessary, to ensure local control, shared governance, and incorporation of the local culture and mission imperatives for
each individual client.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
Expertise in managing contract staff and vendors and expertise in ensuring timely completion of work by each client’s deadlines.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
A contract entered into pursuant to subdivision (a) shall include all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
An agreement by the managing entity to perform the services described in subdivision (b) in a timely manner for each community college district.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An agreement by the managing entity to fulfill the responsibilities of the managing entity pursuant to subdivision (d).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A biannual fee structure for the payment of services rendered by the managing entity. Payment for services rendered by the managing entity shall be provided by the
chancellor’s office from the External Resolution Services Fund established pursuant to Section 70923.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Upon entering into a contract with the board of governors pursuant to subdivision (a), the managing entity shall immediately begin offering the services described in subdivision (b) to community college districts.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
<ns0:LawSection id="id_DA2144E3-FE64-4B16-88AD-D91F44111934">
<ns0:Num>70923.</ns0:Num>
<ns0:LawSectionVersion id="id_D02CC22A-2731-46A2-9058-793756020423">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The External Resolution Services Fund is hereby established in the State Treasury. Notwithstanding Section 13340 of the Government Code, all moneys in the fund are hereby continuously appropriated without regard to fiscal year to the chancellor’s office to pay for the services rendered by the managing entity pursuant to a contract entered into pursuant to subdivision (a) of Section 70922.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
It is the intent of the Legislature to annually appropriate the sum of one hundred million dollars ($100,000,000) in the annual Budget Act to be deposited into the External Resolution Services Fund for the chancellor’s office to pay for the services rendered by the managing entity pursuant to the contract entered into pursuant to subdivision (a) of
Section 70922.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
<ns0:LawSection id="id_7CC6AAD6-0BED-4EA2-B430-0C4CC8C229CE">
<ns0:Num>70924.</ns0:Num>
<ns0:LawSectionVersion id="id_93A09363-952F-4016-95A1-870D9EFCAE2A">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
On or before September 1, 2027, and annually thereafter, a community college district shall deposit into the External Resolution Services Fund established pursuant to Section 70923, the community college district’s proportional share of the payment for the services rendered by the managing entity for the previous fiscal year pursuant to the contract entered into pursuant to subdivision (a) of Section 70922.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of this section, “the total cost of the contract for services rendered by the managing entity for the previous fiscal year” means the total cost of the services rendered by the managing entity pursuant to the contract entered into pursuant to subdivision (a) of Section 70922 for the previous fiscal year, less the
total amount of moneys in the External Resolution Fund on July 30 of the subsequent fiscal year.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A community college district’s proportional share of the payment for the services rendered by the managing entity pursuant to the contract entered into pursuant to subdivision (a) of Section 70922 shall be determined as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
If a community college district’s full-time equivalent students for the previous fiscal year exceeded 60,000, the community college district’s proportional share is 7 percent of the total cost of the contract for services rendered by the managing entity for the previous fiscal year.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If a community college district’s full-time equivalent students for the previous fiscal year was between 25,001 and 60,000, inclusive, the community college district’s proportional share is 5 percent of the
total cost of the contract for services rendered by the managing entity for the previous fiscal year.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If a community college district’s full-time equivalent students for the previous fiscal year was between 10,001 and 25,000, inclusive, the community college district’s proportional share is 2 percent of the total cost of the contract for services rendered by the managing entity for the previous fiscal year.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If a community college district’s full-time equivalent students for the previous fiscal year was between 1,001 and 10,000, inclusive, the community college district’s proportional share is 1 percent of the total cost of the contract for services rendered by the managing entity for the previous fiscal year.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
If a community college district’s full-time equivalent students for the previous fiscal year was
between 151 and 1,000, inclusive, the community college district’s proportional share is 0.09 percent of the total cost of the contract for services rendered by the managing entity for the previous fiscal year.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Notwithstanding any other law, a community college district that has not deposited into the External Resolution Services Fund the community college district’s proportional share of the payment, determined pursuant to subdivision (c), for the services rendered by the managing entity pursuant to the contract entered into pursuant to subdivision (a) of Section 70922, shall have its proportional share of the total cost of the contract for services rendered by the managing entity for the previous fiscal year, as determined pursuant to subdivision (c), withheld from the community college district’s second principal apportionment for the fiscal year.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
<ns0:LawSection id="id_2D0B9ADF-4146-4C25-955B-E96826E299C6">
<ns0:Num>70925.</ns0:Num>
<ns0:LawSectionVersion id="id_443B2960-12E1-4827-9699-E0A928BD4DCB">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
To comply with Section 66270, a governing board shall, within 30 days of receiving from the managing entity a nondiscrimination policy approved by the board of governors pursuant to subdivision (c) of Section 70922, vote to adopt the policy.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A governing board that has not adopted the nondiscrimination policy described in subdivision (a) within the 30-day timeframe shall be subject to a fine imposed by the board of governors of up to one thousand dollars ($1,000) for each day after those 30 days in which the governing board has not adopted the policy. Notwithstanding any other law, the fine shall be withheld from the apportionments made to the community college district from the State School Fund after April 15 of the fiscal year in
which the violation occurred.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Funds withheld by the board of governors pursuant to subdivision (b) shall be deposited into the External Resolution Services Fund established pursuant to Section 70923.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
<ns0:LawSection id="id_3ACAE86F-EB40-4352-91F6-EA931D84D8D0">
<ns0:Num>70926.</ns0:Num>
<ns0:LawSectionVersion id="id_C54FEE6E-CF76-4418-A58F-7AECC4D40B11">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding any other law, to ensure compliance with Section 66270, on or before July 1, 2027, a community college district shall designate a staff person as a Title IX coordinator. The Title IX coordinator shall not have duties assigned other than those duties outlined in this section.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The Title IX coordinator shall have all of the following duties:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Ensuring timely and effective response to each campus-based complaint filed by a student or an employee alleging discrimination by submitting the complaint to the managing entity for review, investigation, and resolution.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Implementing, for each
complaint described in paragraph (1), the outcome provided by the managing entity.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Maintaining a record system of files with information provided by the managing entity on complaints. The record for a complaint in which the respondent is a student shall be maintained for seven years. The record for a complaint in which the respondent is an employee shall be maintained for seven years after the employee is no longer employed by the community college district. The record for a complaint shall include all of the following information provided by the managing entity:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The date of the complaint and the date, nature, and location of the alleged incident or incidents.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The name of the person who reported the complaint and the person’s affiliation with the campus, or whether the complaint was reported
anonymously.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The name and title of the person who received the complaint.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The name of the person alleged to have experienced discrimination and the person’s affiliation with the campus.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The name of the respondent and the respondent’s affiliation with the campus.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Any campus community context, including, but not limited to, the athletic team, student organization, campus department, or campus office where the alleged incident or incidents occurred.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
A copy of the notice of the allegation or allegations provided to the parties. If the complaint was dismissed, a copy of the written notice of dismissal shall be provided to the parties with the reason for the dismissal.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Whether an investigation of the complaint was opened and, if applicable, the reason an investigation of the complaint was declined.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The name of the person assigned to investigate the complaint and the name of the person assigned to implement any supportive measures in response to the complaint.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
All supportive measures offered and implemented in response to the complaint.
</html:p>
<html:p>
(K)
<html:span class="EnSpace"/>
The names of all witnesses identified by either party of the complaint, interview notes or summaries, if available, and, for any witnesses who were not interviewed, an explanation of why they were not interviewed.
</html:p>
<html:p>
(L)
<html:span class="EnSpace"/>
Once completed, the final investigative report for the complaint and any response made to the
final investigative report by the complainant or the respondent.
</html:p>
<html:p>
(M)
<html:span class="EnSpace"/>
The outcome of the complaint, including, if applicable, the rulings from a hearing on the complaint and any disciplinary sanctions.
</html:p>
<html:p>
(N)
<html:span class="EnSpace"/>
The recommended remedies and if those remedies were implemented to deter and prevent the recurrence of discrimination incidents.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Developing and implementing a comprehensive prevention and outreach program on sexual harassment. This program shall do both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Address a range of strategies to prevent sexual harassment, including a victim empowerment program, a public awareness campaign, and primary prevention, bystander intervention, and risk reduction.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Provide, pursuant to clause (ii), students and employees with information on the procedures for reporting incidents of sexual harassment, and the name, office location, and contact information of the Title IX coordinator.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The information described in clause (i) shall be provided through both of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
An email to students and employees at the beginning of each academic term.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The campus orientation described in Section 67385.7.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Implementing training provided by the managing entity for students and employees.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The Title IX coordinator shall have the experience, training, and expertise necessary to coordinate and implement the nondiscrimination
policy adopted by the governing board pursuant to Section 70925. The Title IX coordinator shall operate, as appropriate, with the managing entity, and shall comply with both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The Title IX coordinator shall meet with the chief executive officer of the community college district every three months to provide an evaluation of the activities conducted pursuant to subdivision (b) for preventing and addressing discrimination on community college campuses maintained by the community college district.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The Title IX coordinator shall meet with a liaison of the managing entity each month to discuss activities conducted by the managing entity and the Title IX coordinator for preventing and addressing discrimination at each community college campus maintained by the community college district.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Each
year, the Title IX coordinator and the chief executive officer of the community college district shall assess whether additional staffing or resources are needed to implement the Title IX coordinator’s duties described in subdivision (b). If additional staff or resources are needed, the community college district shall make a written request for the additional resources to be included in the annual systemwide budget request for the California Community Colleges provided to the Legislature.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
<ns0:LawSection id="id_C0D68C3D-0622-4304-B473-A6E55F49BE73">
<ns0:Num>70927.</ns0:Num>
<ns0:LawSectionVersion id="id_718A8F23-B65F-4641-A24F-9B01449B77D9">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
If the complainant or the respondent is not satisfied with an administrative decision made by the managing entity or a Title IX coordinator regarding the outcome of the complaint, either party may submit, within 10 working days of their notice of the dismissal or the outcome of the complaint, an appeal to the chancellor’s office.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Within 30 days of receiving an appeal pursuant to subdivision (a), the chancellor’s office shall review the original complaint, the investigative report, the administrative decision, and the appeal, and issue a final decision. The managing entity shall work with the chancellor’s office to provide all of the necessary documentation for evaluating the appeal.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The chancellor’s office may only vacate or reverse the dismissal of a complaint upon determining any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Procedural errors were made that resulted in the incorrect dismissal of the complaint.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
New evidence has been provided in the appeal that was not reasonably available at the time of the dismissal and that would affect the outcome of the complaint.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The decision to dismiss the complaint was objectively unreasonable or arbitrary.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The chancellor’s office may only vacate or reverse an appeal after an investigation or a hearing outcome upon determining any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
There was no reasonable basis for the findings or conclusion that resulted in the investigation outcome.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Procedural errors occurred that would have likely changed the outcome of the investigation.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
New evidence that was not reasonably available at the time of the investigation would have likely affected the investigation outcome about whether the respondent violated the nondiscrimination policy adopted by the governing board pursuant to Section 70925.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the chancellor’s office determines, pursuant to paragraph (1), that a complaint should not have been dismissed, the managing entity shall adjudicate the complaint pursuant to the nondiscrimination policy adopted by the governing board pursuant to Section 70925.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If the
chancellor’s office determines, pursuant to paragraph (2), that there was no reasonable basis for the findings or conclusion that resulted in the investigation outcome, the chancellor’s office may reverse the outcome of the investigation or hearing outcome, and the managing entity shall notify the Title IX coordinator, the respondent, and the complainant of the new outcome determined by the chancellor’s office. The chancellor’s office’s determination is final and is not subject to further appeal.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
If the chancellor’s office determines that an issued raised in the appeal, pursuant to subparagraph (B) or (C) of paragraph (2), would have affected the outcome of the complaint, the chancellor’s office shall authorize the managing entity to reopen the investigation to address the new evidence or to rectify procedural errors that may have occurred in the adjudication of the complaint.
</html:p>
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</ns0:LawSection>
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</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_3CD12FAB-7C8B-40C6-B509-474132D2DBF3">
<ns0:Num>SEC. 4.</ns0:Num>
<ns0:Content>
<html:p>If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.</html:p>
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</ns0:BillSection>
</ns0:Bill>
</ns0:MeasureDoc>