California Legislature Improves Policies Against Sex Discrimination & Sexual Harassment on College Campuses

SACRAMENTO, CA – This week the California State Legislature passed several bills in the “A Call to Action” Package, the first step to improve the safety of our campus communities at California’s higher education institutions.

Over the past three years, the Assembly Higher Education Committee has examined how California’s public higher education institutions currently address and prevent sex discrimination and sexual harassment on campuses. The “A Call to Action,” package is a product of that work, and incorporates many of the recommendations in the Committee’s 2024 report.

Assembly Bill (AB) 1790 (Connolly), AB 2608 (Gabriel), and AB 2987 (Ortega) were the first bills in this legislative package to be signed into law by the Governor.

This week, the Legislature passed eight more bills in the package, including AB 2047 and AB 2048, authored by Assemblymember Mike Fong (D-Alhambra), Chair of the Assembly Higher Education Committee.

AB 2047 establishes a systemwide Office of Civil Rights to oversee policies at the California State University (CSU) and University of California (UC) as well as establish a campus-based Title IX office on each UC and CSU campus. AB 2048 requires the California Community Colleges (CCC) to report to the Legislature by December 1, 2025, with recommendations on how CCC campuses can better prevent and address sexual harassment.

“While our work to address sex discrimination and sexual harassment is never done, I am proud of our collective effort to place many of these bills on the Governor’s desk and our commitment to bettering California’s higher education institutions for all,” said Assemblymember Mike Fong. “Sex discrimination and sexual harassment have no place in California, nor our higher education institutions, and I am confident this legislation will foster a more safe and equitable environment for our students and staff.”

The Governor has until September 30, 2024 to sign the remainder of the bills in the legislative package.

The bills in the “A Call to Action” Package that have been signed by the Governor or are awaiting the Governor’s signature are listed below:

Bills Signed by the Governor:

•  AB 1790 (Connolly): Requires the CSU to implement recommendations from the State Audit by January 1, 2026 and submit additional reports on the CSU’s status in implementing the California State Auditor’s recommendations.
   
• AB 2608 (Gabriel): Requires campuses to include drug-facilitated sexual assault prevention training to their sexual harassment training.
   
• AB 2987 (Ortega): Mandates CCC and CSU, and requests UC campuses to provide timely updates on the outcomes of sex discrimination and sexual harassment cases to those involved.

Bills on the Governor’s Desk:

• AB 810 (Friedman): Requires all public higher education institutions to implement UC Davis’ policy to conduct employment verification checks to determine if an applicant for an athletic, academic or administrative position has any substantiated allegations of misconduct from their previous employer.
   
• AB 1905 (Addis): Places parameters around retreat rights, letters of recommendations, and settlements for employees who have a substantiated sexual harassment complaint.
   
• AB 2047 (Mike Fong): Requires the CSU and the UC to establish a systemwide office of Civil Rights to oversee and monitor the system’s efforts to prevent and address sex discrimination and sexual harassment on campus. Also requires each campus of the CSU and UC to establish a campus-based Title IX office to assist in addressing sexual harassment complaints that occur on campus.
   
• AB 2048 (Mike Fong): Requires the California Community College (CCC) office of the Chancellor, in consultation with stakeholders, to submit a report to the Legislature with recommendations to prevent and address sexual harassment on community college campuses, by December 1, 2025.
   
• AB 2326 (Alvarez): Requires the leadership of the CCC, CSU and UC to present to the Legislature on their efforts to address and prevent discrimination on campus, and clarifies the entities who are responsible for ensuring campus programs are free from discrimination.
   
• AB 2407 (Hart): Requires the California State Auditor to conduct an audit every three years to examine the CCC, CSU and UC’s ability to address and prevent sexual harassment on campus.
   
• SB 1166 (Dodd): Establishes annual reporting requirements for the CCC and the CSU, while also requesting the UC to conduct an annual report on the outcomes of sexual harassment complaints filed with the each campus, and a summary of how each campus has worked to prevent sex discrimination.
   
• SB 1491 (Eggman): Establishes a notification process by which students who attend a private postsecondary education institutions are informed of their right to disclose discriminatory events to the US Department of Education even if their institution is exempt from Title IX.

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Assemblymember Mike Fong represents the 49th Assembly District, which includes the cities of Alhambra, Arcadia, El Monte, Monterey Park, Rosemead, San Gabriel, San Marino, South Pasadena and Temple City, and the unincorporated areas of Pasadena and San Gabriel.  He serves as the Chair of the Assembly Higher Education Committee and Chair of the Asian American Pacific Islander Legislative Caucus.