Cal State mandated to revamp Title IX complaint response under new law

Initial reports highlighting the California State University’s mishandling of Title IX complaints have spurred the implementation of a new state law. Governor Gavin Newsom signed the first pair of bills in a legislative series aimed at addressing sexual harassment and violence within college campuses on Monday.

Governor Newsom approved the first bill, Assembly Bill 1790, which mandates that Cal State adhere to the recommendations outlined in a report released by the California State Auditor in July 2023. The audit had identified lapses in how the system handled allegations of sexual harassment. Compliance with Title IX, the federal law addressing sex-based discrimination in educational institutions, is essential for universities to address sexual harassment complaints.

The second bill, AB 2608, instructs campuses to update their annual sexual violence and harassment training to incorporate education on identifying signs of potential alcohol- and drug-induced sexual assault, effective from September 2026. This legislation encompasses Cal State (CSU), the California Community Colleges, the University of California (UC), and other state-funded higher education establishments. Both CSU and UC have extended their endorsement, along with the Faculty Association of California Community Colleges.

There are currently 11 additional Title IX-related bills in the legislative pipeline. Although Cal State’s leadership supports three bills, a spokesperson noted that no stance has been taken on the remaining proposals.

“The CSU is actively working to fulfill all audit requirements,” stated Cal State spokesperson Amy Bentley-Smith in an email. “AB 1790 adds the mandate to report our progress to the legislature. While this bill will require additional reporting, CSU is already preparing the necessary reports for the State Auditor and the Education Committee.”

Assemblymember Mike Fong, D-Alhambra, played a key role as a lead author in both recently endorsed bills.

This deluge of Title IX bills follows a report from the California Assembly Higher Education Committee, which revealed distrust among students and faculty across all three public higher education segments in California concerning campus responses to instances of sexual harassment and discrimination.

Recent investigations have highlighted deficiencies in how the system handles such misconduct. A 2023 state audit uncovered a pattern of failure by the CSU system in addressing sexual assault cases, including cases being improperly closed by universities. Furthermore, a comprehensive 232-page report by the Cozen O’Connor law firm disclosed that the system’s response to complaints was inadequate due to understaffing and resource scarcity, along with the absence of a mechanism to handle disruptive behavior that falls short of discrimination or harassment.

A spokesperson for Fong mentioned in an email to EdSource that each bill underwent modifications in consultation with stakeholders to address fiscal implications. The spokesperson noted that the financial impact of most bills in the package should be minimal and manageable.

Assemblymember Laura Friedman, D-Burbank, introduced AB 810, a bill within the legislative package, which mandates job applicants to disclose instances where they were found guilty of sexual harassment as part of the hiring process.

“We are optimistic that the Governor will sign the bill, given his proactive approach toward enacting legislation to tackle sexual assault and harassment,” a spokesperson for Friedman commented. “While we have not yet engaged with his office regarding AB 810, we believe this bill aligns with his previous support in this crucial area.”

Aside from AB 2608, the additional three Title IX-related bills that garnered Cal State’s support are:

• AB 2047, which proposes the establishment of a systemwide Office of Civil Rights to supervise campus Title IX offices. Cal State has already set up such an office and committed substantial fiscal and personnel resources to bolster its operations prior to the bill’s introduction.
• AB 2407, which mandates triennial audits to monitor how Cal State and the UC address sexual harassment complaints. Cal State affirms that it does not anticipate needing additional personnel or new processes to implement this legislation.
• AB 2492, seeking to establish confidential roles to assist students, faculty, and staff in navigating the sexual harassment complaint procedures. Bentley-Smith indicated that some of these positions are already in existence, with additional training being a requisite.

A recent CSU news release outlines the system’s plan to revamp its civil rights services by enhancing staffing levels at both system and university levels, setting uniform standards and training programs, and improving data collection and tracking mechanisms.