Amended  IN  Senate  March 28, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill No. 702

Introduced by Senator Hill

February 22, 2019

An act to amend Section 51 of the Labor Code, relating to employment. An act to add Section 66305 to the Education Code, relating to postsecondary education.


LEGISLATIVE COUNSEL'S DIGEST


SB 702, as amended, Hill. Director of Industrial Relations. Postsecondary education: antihazing policy: state or federal law relating to hazing: reporting of violations.
Existing law establishes the University of California, the California State University, the California Community Colleges, independent institutions of higher education, and private postsecondary educational institutions as the segments of postsecondary education in this state. Existing law requests the Trustees of the California State University, the Regents of the University of California, and the governing board of each community college district to adopt and publish policies on harassment, intimidation, and bullying to be included within the rules and regulations governing student behavior. For the purposes of elementary education, existing law prohibits the suspension, or recommendation for expulsion, of a pupil from school unless the superintendent of the school district or the principal of the school determines that the pupil has committed any of various specified acts, including, but not limited to, engaging in an act of hazing, as defined.
This bill would require, commencing with the 2020–21 academic year, each institution of higher education to prepare a report compiling all reported violations of an antihazing policy at the institution or state or federal law relating to hazing, as specified. This bill would require the institution of higher education to compile 5 years of reported violations, post a copy of the report on the institution’s internet website by January 15, 2021, and update the report on January 1 and August 1 of each year. 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.

Existing law establishes the Department of Industrial Relations for specified purposes and provides for its administration by the Director of Industrial Relations.

This bill would make a nonsubstantive change to that administration provision.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 66305 is added to the Education Code, to read:

66305.
 (a) For purposes of this section, the following terms have the following meanings:
(1) “Hazing” has the same meaning as in Section 48900, except that any reference to “pupil” in Section 48900 means “student” for purposes of this section.
(2) “Institution of higher education” means a campus of the California Community Colleges, the California State University, or the University of California, a private postsecondary educational institution, or an independent institution of higher education.
(b) An institution of higher education shall prepare a report compiling all reported violations of the institution’s antihazing policy, if applicable, and of any federal or state law relating to hazing. The report shall include all of the following:
(1) The name of the student organization, regardless of whether the organization is officially recognized by the institution of higher education, with which the incident of hazing is associated.
(2) The date of the alleged violation of the antihazing policy or state or federal law relating to hazing.
(3) A general description of the violation, any investigation and findings by the institution of higher education, and, if applicable, any penalty associated with the outcome of the violation.
(4) The date the investigation of the alleged violation concluded.
(c) Commencing with the 2020–21 academic year, the report prepared pursuant to subdivision (b) shall include information concerning all violations reported to the institution of higher education for the previous five academic years before the effective date of this section, to the extent the institution of higher education has the information.
(d) The report prepared pursuant to subdivision (b) shall not include any personally identifiable information for any individual.
(e) (1) On or before January 15, 2021, a institution of higher education shall post the report prepared pursuant to subdivision (b) on its internet website.
(2) Beginning August 1, 2021, an institution of higher education shall update and post on its internet website the updated report twice annually, on January 1 and August 1 of each year.
(f) An institution of higher education shall retain any report prepared pursuant to this section for five years.

SEC. 2.

 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.
SECTION 1.Section 51 of the Labor Code is amended to read:
51.

The department shall be conducted under the control of an executive officer known as the Director of Industrial Relations. The Director of Industrial Relations shall be appointed by the Governor with the advice and consent of the Senate and hold office at the pleasure of the Governor and shall receive an annual salary provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code.