AB1928 - Sex equity: sexual harassment complaints.

Assembly Bill No. 1928 CHAPTER 134 An act to amend Section 66281.8 of, and to add Section 66281.10 to, the Education Code, relating to postsecondary education. [ Approved by Governor August 27, 2026. Filed with Secretary of State August 27, 2026. ] LEGISLATIVE COUNSEL'S DIGEST AB 1928, Fong. Sex equity: sexual harassment complaints. 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. Existing law requires, no later than January 1, 2022, except as specified, the governing board or body of a postsecondary educational institution that receives state financial assistance to provide students with procedural protections relating to complaints of sexual harassment, including the requirement to adopt and publish on its internet website grievance procedures providing for the prompt and equitable resolution of sexual harassment complaints filed by a student against an employee or another student. Existing law requires that the grievance procedures afford both student parties the opportunity to each have a support person or adviser accompany the student party during any stage of the process. This bill would instead require that the grievance procedures afford each student party the opportunity to have a support person and an advisor of their choice accompany the student party during any stage of the process, as specified. The bill would also require the governing board or body of a postsecondary educational institution that receives state financial assistance and state student financial aid to allow each complainant or respondent of a sexual harassment complaint to have a support person, in addition to an advisor, accompany the parties of a sexual harassment complaint during the grievance procedures that provide for the prompt and equitable resolution of sexual harassment complaints pursuant to the above-described procedural protections for students or Title IX, as specified. By imposing new 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. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. Section 66281.8 of the Education Code is amended to read: 66281.8. (a) For the purposes of this section, the following terms have the following meanings: (1) “Postsecondary institution” means a campus of the University of California, the California State University, or the California Community Colleges, a private postsecondary educational institution, or an independent institution of higher education that receives state financial assistance. (2) (A) “Responsible employee” means an employee who has the authority to take action to redress sexual harassment or provide supportive measures to students, or who has the duty to report sexual harassment to an appropriate school official who has that authority. (B) “Responsible employee” includes, but is not limited to, those individuals with any of the following positions or substantially similar positions or job duties, regardless of the specific title the institution may attach to the position: (i) Title IX coordinator or other coordinator designated to comply with and carry out the institution’s responsibilities under this section. (ii) Residential advisors, while performing the duties of employment by the institution. (iii) Housing directors, coordinators, or deans. (iv) Student life directors, coordinators, or deans. (v) Athletic directors, coordinators, or deans. (vi) Coaches of any student athletic or academic team or activity. (vii) Faculty and associate faculty, teachers, instructors, or lecturers. (viii) Graduate student instructors, while performing the duties of employment by the institution. (ix) Laboratory directors, coordinators, or principal investigators. (x) Internship or externship directors or coordinators. (xi) Study abroad program directors or coordinators. (C) (i) Notwithstanding subparagraphs (A) and (B), “responsible employee” does not include those individuals described in subparagraphs (A) and (B) who are also any of the following: (I) A therapist or other professional described in Sections 990, 1010, 1030, 1035, and 1037 of the Evidence Code, including a University of California Center for Advocacy, Resources, and Education (CARE) director, advocate, or employee. (II) A University of California Center for Advocacy, Resources, and Education (CARE) director, advocate, or employee. (III) A California State University victim advocate or other position with similar responsibilities. (IV) An individual acting in a professional capacity for which confidentiality is mandated by law. (ii) An individual described in clause (i) shall inform each student who provides the individual with information regarding sexual harassment of the student’s ability to report to a responsible employee and direct the student to those specific reporting resources. (b) Notwithstanding Section 67400, in order to receive state financial assistance, as defined in Section 213, the appropriate governing board or body of each postsecondary institution shall implement, and at all times comply with, all of the following requirements at the institution: (1) It shall disseminate, by electronic or other means, a notice of nondiscrimination, including, but not limited to, all information required to be included in the notice provided pursuant to Section 66281.5, to all of the following: (A) Each employee of the postsecondary institution. (B) Each volunteer who will regularly interact with students. (C) Each individual or entity under contract with the postsecondary institution to perform any service involving regular interaction with students at the institution. (2) It shall designate at least one employee of the institution to coordinate its efforts to comply with and carry out its responsibilities under this section. The employee may be the same individual as the institution’s federal Title IX coordinator. The employee shall have adequate training on what constitutes sexual harassment and on trauma-informed investigatory and hearing practices, and shall understand how the institution’s grievance procedures operate. (3) It shall adopt rules and procedures within the policies required by Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) and Section 67386 for the prevention of sexual harassment that also provide for all of the following elements: (A) The institution’s primary concern shall be student safety. Any disciplinary measures imposed by the institution for violations of the institution’s student conduct policy at or near the time of the incident being investigated shall be consistent with paragraph (10) of subdivision (b) of Section 67386. (B) The institution shall take reasonable steps to respond to each incident of sexual harassment involving individuals subject to the institution’s policies that occur in connection with any educational activity or other program of the institution, and incidents that occurred outside of those educational programs or activities, whether they occurred on or off campus, if, based on the allegations, there is any reason to believe that the incident could contribute to a hostile educational environment or otherwise interfere with a student’s access to education. (C) (i) Regardless of whether or not a complaint has been filed under the institution’s grievance procedures, if the institution knows, or reasonably should know, about possible sexual harassment involving individuals subject to the institution’s policies at the time, the institution shall promptly investigate to determine whether the alleged conduct more likely than not occurred, or otherwise respond if the institution determines that an investigation is not required. If the institution determines that the alleged conduct more likely than not occurred, it shall immediately take reasonable steps to end the harassment, address the hostile environment, if one has been created, prevent its recurrence, and address its effects. A postsecondary institution shall be presumed to know of sexual harassment if a responsible employee knew, or, in the exercise of reasonable care, should have known, about the sexual harassment. The institution may rebut this presumption of knowledge if it shows all of the following: (I) The institution provides training and requires all nonconfidential responsible employees to report sexual harassment. (II) Each nonconfidential responsible employee with actual or constructive knowledge of the conduct in question was provided training and direction to report sexual harassment. (III) Each nonconfidential responsible employee with actual or constructive knowledge of the conduct in question failed to report it. (ii) The institution shall consider and respond to requests for accommodations relating to prior incidents of sexual harassment that could contribute to a hostile educational environment or otherwise interfere with a student’s access to education where both individuals are, at the time of the request, subject to the institution’s policies. (D) (i) If a complainant requests confidentiality, which could preclude a meaningful investigation or potential discipline of the potential respondent, or that no investigation or disciplinary action be pursued to address alleged sexual harassment, the institution shall take the request seriously, while at the same time considering its responsibility to provide a safe and nondiscriminatory environment for all students, including for the complainant. The institution shall generally grant the request. In determining whether to disclose a complainant’s identity or proceed to an investigation over the objection of the complainant, the institution may consider whether any of the following apply: (I) There are multiple or prior reports of sexual misconduct against the respondent. (II) The respondent reportedly used a weapon, physical restraints, or engaged in battery. (III) The respondent is a faculty or staff member with oversight of students. (IV) There is a power imbalance between the complainant and respondent. (V) The complainant believes that the complainant will be less safe if the complainant’s name is disclosed or an investigation is conducted. (VI) The institution is able to conduct a thorough investigation and obtain relevant evidence in the absence of the complainant’s cooperation. (ii) If the institution determines that it can honor the student’s request for confidentiality, it shall still take reasonable steps to respond to the complaint, consistent with the request, to limit the effects of the alleged sexual harassment and prevent its recurrence without initiating formal action against the alleged perpetrator or revealing the identity of the complainant. These steps may include increased monitoring, supervision, or security at locations or activities where the alleged misconduct occurred; providing additional training and education materials for students and employees; or conducting climate surveys regarding sexual violence. The institution shall also take immediate steps to provide for the safety of the complainant while keeping the complainant’s identity confidential as appropriate. These steps may include changing living arrangements or course schedules, assignments, or tests. The complainant shall be notified that the steps the institution will take to respond to the complaint will be limited by the request for confidentiality. (iii) If the institution determines that it must disclose the complainant’s identity to the respondent or proceed with an investigation, it shall inform the complainant before making this disclosure or initiating the investigation. The institution shall also take immediate steps to provide for the safety of the complainant where appropriate. In the event the complainant requests that the institution inform the respondent that the student asked the institution not to investigate or seek discipline, the institution shall honor this request. (4) (A) It shall adopt and publish on its internet website grievance procedures that provide for prompt and equitable resolution of sexual harassment complaints filed by a student against an employee or another student. The grievance procedures shall satisfy all of the following requirements: (i) They shall state that the investigation and adjudication of alleged misconduct under this section is not an adversarial process between the complainant, the respondent, and the witnesses, but rather a process for postsecondary institutions to comply with their obligations under existing law. The complainant does not have the burden to prove, nor does the respondent have the burden to disprove, the underlying allegation or allegations of misconduct. (ii) They shall require notice be provided to all students of the grievance procedures, including where and how complaints may be filed. (iii) They shall ensure that the persons or entities responsible for conducting investigations, finding facts, and making disciplinary decisions are neutral. (iv) They shall ensure trauma-informed and impartial investigation of complaints. Student parties shall be given an opportunity to identify witnesses and other evidence to assist the institution in determining whether a policy violation has occurred, and shall be informed that any evidence available but not disclosed during the investigation might not be considered at a subsequent hearing. (v) They shall include reasonable and equitable evidentiary guidelines, and may include page or word limitations on party submissions. (vi) They shall include all of the following: (I) The investigator or hearing office shall not consider the past sexual history of a complainant or respondent except in the limited circumstances permitted by this clause. (II) The investigator or hearing officer shall not consider prior or subsequent sexual history between the complainant and anyone other than the respondent for any reason unless directly relevant to prove that physical injuries alleged to have been inflicted by the respondent were inflicted by another individual. (III) (ia) The investigator or hearing officer shall not consider the existence of a dating relationship or prior or subsequent consensual sexual relations between [Text truncated for display. Full text available on Congress.gov.]