California 2021-2022 Regular Session Status: In Committee

AB 1844 — Higher Education Student, Staff, and Faculty Protection Act.

Last action — In committee: Held under submission.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law establishes the University of California, which is administered by the Regents of the University of California, the California State University, which is administered by the Trustees of the California State University, and the California Community Colleges, which is administered by the Board of Governors of the California Community Colleges, as the 3 segments of public postsecondary education in the state. A portion of the Donahoe Higher Education Act known as the Equity in Higher Education Act requires, among other things, each postsecondary educational institution in the State of California to have a written policy on sexual harassment, including information on the complaint process and the timeline for the complaint process. This bill, the Higher Education Student, Staff, and Faculty Protection Act, would, beginning January 1, 2023, require the 3 segments of public postsecondary education to take certain actions before extending an official offer of employment to an applicant, as defined, including requesting that an applicant sign a statement declaring whether the applicant is the subject of an informal resolution process with an outcome used to resolve an allegation following the filing of a formal Title IX sexual harassment complaint, or any substantiated Title IX sexual harassment complaints, as specified, and authorizing the applicant's current and past employers to disclose to the hiring institution whether the applicant was the subject of an informal resolution process with an outcome used to resolve an allegation following the filing of a formal Title IX sexual harassment complaint, or any substantiated Title IX sexual harassment complaints. The bill would prohibit these public postsecondary educational institutions from hiring an applicant who does not sign the requested statement. The bill also would require the public postsecondary educational institutions to request information related to whether the applicant was the subject of an informal resolution process with an outcome used to resolve an allegation following the filing of a formal Title IX sexual harassment complaint, or any substantiated Title IX sexual harassment complaints, from the applicant's current or former postsecondary educational institution employers, and require a public postsecondary educational institution that receives a request for information related to an informal resolution process with an outcome used to resolve an allegation following the filing of a formal Title IX sexual harassment complaint, or any substantiated Title IX sexual harassment complaints, by a current or former employee to provide the information as specified. This bill would require these public postsecondary educational institutions to complete an investigation into a Title IX sexual harassment complaint or allegation committed by an employee against a student or employee of the institution, regardless of whether the employee voluntarily or involuntarily leaves employment with the institution, unless the victim of the alleged Title IX sexual harassment complaint requests otherwise. The bill would prohibit, after June 1, 2023, a provision of a settlement agreement between one of the public postsecondary educational institutions and an employee that prohibits anyone from disclosing whether the employee has been the subject of a Title IX investigation for sexual harassment. This bill would require, no later than September 1, 2023, each campus of the California Community Colleges and the California State University, and encourage each campus of the University of California, to establish specified support roles, and designate persons to fill the roles, to assist complainants and respondents in instances of sexual harassment allegation or victimization, as specified. To the extent these provisions would add additional duties on community college districts, the 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.

Bill Text

Action History

  1. In committee: Held under submission.

  2. In committee: Set, first hearing. Referred to suspense file.

  3. Re-referred to Com. on APPR.

  4. Read second time and amended.

  5. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 19).

  6. Re-referred to Com. on JUD.

  7. Read second time and amended.

  8. From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 11. Noes 0.) (April 5).

  9. Re-referred to Com. on HIGHER ED.

  10. From committee chair, with author's amendments: Amend, and re-refer to Com. on HIGHER ED. Read second time and amended.

  11. Referred to Coms. on HIGHER ED. and JUD.

  12. From printer. May be heard in committee March 11.

  13. Read first time. To print.

Sponsors

  • Medina · Primary
  • Leyva · Cosponsor

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

  • Medina

Co-sponsors (1)

  • Leyva

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 8 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 3003
Democratic 5000
Total 8003
% of votes cast 73%0%0%27%
How each member voted (11)
Member Party Vote
Cunningham — Yea
Maienschein — Yea
Holden — Not Voting
Kiley — Not Voting
Jim Patterson — Not Voting
Mark Stone — Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Wicks, Buffy Democratic Yea

Official roll call →

Passed 11 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 4000
Unaffiliated 5001
Republican 2000
Total 11001
% of votes cast 92%0%0%8%
How each member voted (12)
Member Party Vote
Medina — Yea
Levine — Yea
Bloom — Yea
Low — Yea
Santiago — Yea
Kiley — Not Voting
Arambula, Joaquin Democratic Yea
Gabriel, Jesse Democratic Yea
Irwin, Jacqui Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Choi, Steven S. Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 1844 do?
Existing law establishes the University of California, which is administered by the Regents of the University of California, the California State University, which is administered by the Trustees of the California State University, and the California Community Colleges, which is administered by the Board of Governors of the California Community Colleges, as the 3 segments of public postsecondary education in the state. A portion of the Donahoe Higher Education Act known as the Equity in Higher Education Act requires, among other things, each postsecondary educational institution in the State of California to have a written policy on sexual harassment, including information on the complaint process and the timeline for the complaint process. This bill, the Higher Education Student, Staff, and Faculty Protection Act, would, beginning January 1, 2023, require the 3 segments of public postsecondary education to take certain actions before extending an official offer of employment to an applicant, as defined, including requesting that an applicant sign a statement declaring whether the applicant is the subject of an informal resolution process with an outcome used to resolve an allegation following the filing of a formal Title IX sexual harassment complaint, or any substantiated Title IX sexual harassment complaints, as specified, and authorizing the applicant's current and past employers to disclose to the hiring institution whether the applicant was the subject of an informal resolution process with an outcome used to resolve an allegation following the filing of a formal Title IX sexual harassment complaint, or any substantiated Title IX sexual harassment complaints. The bill would prohibit these public postsecondary educational institutions from hiring an applicant who does not sign the requested statement. The bill also would require the public postsecondary educational institutions to request information related to whether the applicant was the subject of an informal resolution process with an outcome used to resolve an allegation following the filing of a formal Title IX sexual harassment complaint, or any substantiated Title IX sexual harassment complaints, from the applicant's current or former postsecondary educational institution employers, and require a public postsecondary educational institution that receives a request for information related to an informal resolution process with an outcome used to resolve an allegation following the filing of a formal Title IX sexual harassment complaint, or any substantiated Title IX sexual harassment complaints, by a current or former employee to provide the information as specified. This bill would require these public postsecondary educational institutions to complete an investigation into a Title IX sexual harassment complaint or allegation committed by an employee against a student or employee of the institution, regardless of whether the employee voluntarily or involuntarily leaves employment with the institution, unless the victim of the alleged Title IX sexual harassment complaint requests otherwise. The bill would prohibit, after June 1, 2023, a provision of a settlement agreement between one of the public postsecondary educational institutions and an employee that prohibits anyone from disclosing whether the employee has been the subject of a Title IX investigation for sexual harassment. This bill would require, no later than September 1, 2023, each campus of the California Community Colleges and the California State University, and encourage each campus of the University of California, to establish specified support roles, and designate persons to fill the roles, to assist complainants and respondents in instances of sexual harassment allegation or victimization, as specified. To the extent these provisions would add additional duties on community college districts, the 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.
Who sponsors AB 1844?
AB 1844 is sponsored by Medina and Leyva.
What is the current status of AB 1844?
This bill died with 2021-2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 1844?
Track AB 1844 free on One Click Politics — get push/email alerts when it moves.

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