SB 967

For more information about SB 967 download the background sheet.


RELEASE: California Governor Approves First-in-the Nation Legislation to Combat College Campus Sexual Assault


 
RELEASE: California Members of Congress Urge Governor Jerry Brown to sign Campus Sexual Assault Legislation, and Provide Model for Other States
 

The New York Times: When Yes Means Yes
California Lawmakers Redefine Campus Sexual Assault
The Opinion Pages | Editorial
By THE EDITORIAL BOARD SEPT. 8, 2014


The New York Times: ‘Yes’ Is Better Than ‘No’
Michael Kimmel and Gloria Steinem on Consensual Sex on Campus
The Opinion Pages | Op-Ed
By MICHAEL KIMMEL and GLORIA STEINEM SEPT. 4, 2014


Daily Bruin (UCLA): Editorial: ‘Yes means yes’ bill protects sexual assault survivors on campuses
September 2, 2014


For video footage of the bill introduction press conference go to: http://www.youtube.com/watch?v=EcRoQ0urMiE



 FOR IMMEDIATE RELEASE: Monday, August 25, 2014

UC President Janet Napolitano Endorses College Campus Sexual Assault Legislation

Full Assembly to Vote Today

 

SACRAMENTO – Setting the example for colleges across the nation, University of California President Janet Napolitano has endorsed Senate Bill 967 (De León). This legislation will require California colleges and universities to address campus sexual violence by requiring them to adopt consistent survivor-centered sexual assault response policies and protocols that follow best practices and professional standards for prevention, access to resources, and fair adjudication proceedings.

“The University of California has no tolerance for any form of sexual violence or harassment, and all 10 of our campus chancellors and I have taken a number of actions to ensure the safety of our students. As we continue to move ahead with our efforts, we welcome Senator De León’s legislation,” said University of California President Janet Napolitano.

The bill’s author, Senator Kevin de León said, “I commend President Napolitano for her leadership in the fight to reduce sexual violence on our college campuses. Her endorsement of SB 967 sets the stage for all colleges and universities to implement prevention programs and increase the resources necessary to tackle the pervasive rape culture in society. Our daughters, sisters, nieces, and friends should not live in fear of becoming a victim of violent crime while pursuing their academic goals.”

On February 25, the University of California issued a comprehensive expansion of its policy against sexual harassment and violence. In June, UC President Napolitano formed a system-wide task force to oversee the University’s efforts to prevent and respond to sexual assault on campus.

SB 967 is joint-authored by Senator Hannah Beth Jackson; Principal co-authored by Assemblymember Bonnie Lowenthal; and co-authored by Senators Jim Beall, Anthony Cannella, Noreen Evans, Cathleen Galgiani, Bill Monning, Fran Pavley, Norma Torres and Lois Wolk; and Assemblymembers Tom Ammiano, Paul Fong, Lorena Gonzalez, Sharon Quirk-Silva, Nancy Skinner, Phil Ting, Bob Wieckowski and Das Williams.

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FOR IMMEDIATE RELEASE: Wednesday, June 18, 2014

College Campus Sexual Assault Legislation Passes the California Assembly Judiciary Committee

with Bipartisan Support

Providing Justice through Uniformity of Response Policies and Protocols

SACRAMENTO – In recognition of the devastating impact of campus sexual assault on students across California, supporters provided testimony for Senate Bill 967, securing the bill’s passage on a 9-1 vote in the California Assembly Judiciary Committee on Tuesday, June 17, 2014. SB 967 (De León/Jackson) will require California colleges and universities to address campus sexual violence by requiring them to adopt consistent survivor-centered sexual assault response policies and protocols that follow best practices and professional standards.

UC Berkeley Junior Aryle Butler’s testimony highlighted the need for increased training, “When I went to school officials to report, I wanted to make sure other women on campus were protected from this man, but they treated me just as he did—they heard me, but did not listen, and asked what I did to provoke the assault. It was the most humiliating experience only second to my assaults.”

Ms. Butler also addressed the opposition’s concerns, “There is no privilege conferred upon women for false reporting—humiliating police encounters are not a privilege, losing friends is not a privilege, being socially alienated is not a privilege, being called a liar is not a privilege.”

UC Davis Junior and Associated Students Senator Amelia Helland testified, “Students on my campus elected me because of my platform to help further sexual assault awareness and advocacy for this national epidemic. Preventative education is absolutely necessary so that it is explicitly clear what affirmative consent and mutual participation entail. SB 967 facilitates institutional accountability to prioritize student well-being. Students need their schools to provide easy access to resources and support.”

Sandra Henriquez, Executive Director of the California Coalition Against Sexual Assault (CALCASA) said, "With 1 in 5 women being sexually assaulted during their time in college, our nation's campuses are plagued with a serious national issue. Making light of campus sexual violence only serves to further traumatize victims and to hamper our efforts to prevent it. This bill is about prevention and resources, as much as it is about justice.”

Senator De León concluded by saying, “Sexual Assault is too common and we need to fundamentally change the rape culture that is so pervasive in our media and on our campuses. California needs to provide our students with education, resources, consistent policies and justice so that the system is not stacked against survivors.”

SB 967 is joint-authored by Senator Hannah Beth Jackson; Principal co-authored by Assemblymember Bonnie Lowenthal; and co-authored by Senators Jim Beall, Anthony Cannella, Noreen Evans, Cathleen Galgiani, Bill Monning, Fran Pavley, Norma Torres and Lois Wolk; and Assemblymembers Tom Ammiano, Paul Fong, Lorena Gonzalez, Sharon Quirk-Silva, Nancy Skinner, Phil Ting, Bob Wieckowski and Das Williams.

This legislation will next be heard by the California State Assembly Higher Education Committee on Tuesday, June 24, 2014 at 1:30 p.m. in State Capitol Room 437.

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FOR IMMEDIATE RELEASE: Friday, May 30, 2014

College Campus Sexual Assault Legislation Passes the Senate

Providing Justice through Uniformity of Response Policies and Protocols

SACRAMENTO – Highlighting the need for a major culture change, Senators Kevin de Leόn and Hannah-Beth Jackson secured the votes necessary for Senate Bill 967 to pass the California State Senate. This legislation will require California colleges and universities to address campus sexual violence by requiring them to adopt consistent survivor-centered sexual assault response policies and protocols that follow best practices and professional standards. The Senate floor vote on May 29, 2014, was 27 ayes – 4 noes.

“The federal government is currently investigating 55 colleges and universities. Obviously, there is a problem,” said Senator De León (D-Los Angeles). “SB 967 will change the equation so the system is not stacked against survivors by establishing an affirmative consent policy to make it clear that only ‘yes’ means ‘yes’.”

“This past weekend’s events in Isla Vista confirm that misogyny exists on and around our campuses, and we need to confront it,” said State Senator Hannah-Beth Jackson (D-Santa Barbara). “This bill makes a strong statement that California is moving from a culture of acceptance to a ‘no excuses’ culture. No excuses for rape. No excuses for blaming the victims of rape. No excusing for not supporting these victims. And no excuses for colleges and universities turning a blind eye to the problem of campus sexual assault and violence.”

SB 967 LEGISLATIVE PROPOSAL:

  • Require California colleges and universities, as part of their policy regarding campus sexual violence, domestic violence, dating violence, and stalking, to include all of the following:

o   An affirmative consent standard in the determination of whether consent was given by a complainant.

o   Prohibition on an accused perpetrator using self-intoxication or recklessness as a valid excuse.  It would also not be a valid excuse if the accused failed to take reasonable steps to ascertain consent.

o   An explicit provision that an individual is unable to give consent for sexual activity if the individual is asleep or unconscious; incapacitated due to drugs and/or alcohol; or unable to communicate due to a mental and/or physical condition.

o   A preponderance of the evidence standard in the determination of disciplinary action.

  • Require colleges and universities to adopt detailed and victim-centered sexual assault response policies and protocols that protect the confidentiality of students and follow best practices and professional standards.
  • Require colleges and universities to enter into memorandums of understanding, agreements, or collaborative partnerships with existing on campus and community-based organizations including rape crisis centers, to assist victims with accessing counseling, health, mental health, victim advocacy, legal, and other support services.
  • Require colleges and universities to implement comprehensive prevention and orientation programs addressing sexual assault, dating violence, domestic violence, and stalking.  The programs should include an array of prevention strategies including women’s empowerment, campaigns to raise awareness, primary prevention, bystander intervention, and risk reduction.

SB 967 is joint-authored by Senator Hannah Beth Jackson; Principal co-authored by Assemblymber Bonnie Lowenthal; and co-authored by Senators Jim Beall, Noreen Evans, Cathleen Galgiani, Fran Pavley, Norma Torres, and Assemblymembers Lorena Gonzalez, Bob Wieckowski and Das Williams. Groups in support include the California Coalition Against Sexual Assault (CALCASA), California Partnership to End Domestic Violence, California State University Student Association, Superintendent of Public Instruction Tom Torlakson, and the University of California Student Association.

This legislation will next be heard by the California State Assembly.

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FOR IMMEDIATE RELEASE: Monday, February 10, 2014

College Campus Sexual Assault Legislation Announced

Providing Justice through Uniformity of Response Policies and Protocols

SACRAMENTO – Highlighting the need for a culture change, Senator Kevin de Leόn and Legislative Women’s Caucus Chair and Vice Chair, Assemblywoman Bonnie Lowenthal and Senator Hannah-Beth Jackson announced Senate Bill 967 which will require California colleges and universities to address campus sexual violence by requiring them to adopt consistent victim-centered sexual assault response policies and protocols that follow best practices and professional standards.

Sarah Yang, co-founder and President of the Women’s Health Initiative at UC Davis spoke out, "In some cases, students do not even know what campus resources exist or where to turn for help. Student activists, like me, can help change the culture on campus, but the schools, themselves, must support student survivors."

“We need to do more to prevent sexual assaults on campus. When they do occur, we need a system that holds perpetrators accountable rather than victimizes survivors a second time,” said Senator De León. “SB 967 will establish an affirmative consent policy to make it clear that only ‘yes’ means ‘yes’.”

“One in five women on college campuses have been sexually assaulted during their time there. This is a serious national issue plaguing our colleges, universities, and private institutions,” said Sandra Henriquez, Executive Director of the California Coalition Against Sexual Assault. “This legislation focuses on survivors and requires colleges and universities to develop survivor-centered policies while also providing them with the best resources and support services available.”

“This bill is about changing the culture on college and university campuses to a culture of ‘no excuses’,” said State Senator Hannah-Beth Jackson (D-Santa Barbara), a joint author of SB 967 and vice-chair of the California Legislative Women’s Caucus. “No excuses for rape, no excuses for blaming the victims of rape, no excuses for not supporting these victims, and no excuses for a turning a blind eye to the problem of campus sexual assaults.I am extremely hopeful that, through this legislation, we can all work together to create safer environments for students.”

SB 967 LEGISLATIVE PROPOSAL:

  • Require California colleges and universities, as part of their policy regarding campus sexual violence, domestic violence, dating violence, and stalking, to include all of the following:

o   An affirmative consent standard in the determination of whether consent was given by a complainant.

o   Prohibition on an accused perpetrator using self-intoxication or recklessness as a defense.  It would also not be a defense if the accused failed to take reasonable steps to ascertain consent.

o   An explicit provision that an individual is unable to give consent for sexual activity if the individual is asleep or unconscious; incapacitated due to drugs and/or alcohol; or unable to communicate due to a mental and/or physical condition.

o   A preponderance of the evidence standard in the determination of disciplinary action.

  • Require colleges and universities to adopt detailed and victim-centered sexual assault response policies and protocols that protect the confidentiality of victims and follow best practices and professional standards.
  • Require colleges and universities to enter into memorandums of understanding, agreements, or similar partnerships with existing on campus and community-based organizations including rape crisis centers, to assist victims with accessing counseling, health, mental health, victim advocacy, legal, and other support services.
  • Require colleges and universities to implement comprehensive prevention programs addressing sexual assault, dating violence, domestic violence, and stalking.  The programs should include an array of prevention strategies including women’s empowerment, campaigns to raise awareness, primary prevention, bystander intervention, and risk reduction.

SB 967 is joint-authored by Senator Hannah Beth Jackson; Principal co-authored by Assemblymber Bonnie Lowenthal; and co-authored by Senators Jim Beall, Noreen Evans, Cathleen Galgiani, Fran Pavley, Norma Torres, and Assemblymembers Lorena Gonzalez and Das Williams.

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Expert Denice Labertew, J.D. (CALCASA) and student leaders available for questions via phone.


Photo: May 5, 2014, UC Davis Men's March Against Sexual Assault