California State University Bakersfield’s main campus
Emma Gallegos/EdSource
What began as reports detailing the failure of the California State University to deal with Title IX complaints has led to a new state law requiring that the system take action. Gov. Gavin Newsom on Monday signed the first two bills in a legislative package addressing sexual harassment and violence on college campuses.
Of the bills Newsom signed, the first, Assembly Bill 1790, requires Cal State to implement recommendations in a July 2023 report from the California State Auditor. The audit found the system had “not adequately or consistently addressed some allegations of sexual harassment.” Universities are required to resolve sexual harassment complaints under Title IX, the federal law prohibiting discrimination on the basis of sex in schools.
The second, AB 2608, calls for campuses to update their annual sexual violence and harassment training to include a discussion on “how to recognize if someone is at risk of alcohol- and drug-facilitated sexual assault” beginning in September 2026. The bill applies to Cal State (CSU), the California Community Colleges, the University of California (UC) and higher education institutions that receive state funding. Both CSU and UC registered their support along with the Faculty Association of California Community Colleges.
There are 11 other Title IX-related bills in the legislative pipeline. Cal State leadership is supporting three and has not taken a position on the rest, a spokesperson said.
“The CSU is already working to meet all of the audit requirements,” Cal State spokesperson Amy Bentley-Smith wrote in an email. “AB 1790 adds a requirement of reporting to the legislature on our progress. In terms of an additional workload, this bill will require the CSU (to) share the report we have already agreed to prepare for the State Auditor with the Education Committee.”
Assemblymember Mike Fong, D-Alhambra, was a lead author on both bills signed this week.
The raft of Title IX bills was released following a California Assembly Higher Education Committee report finding that students and faculty at each of California’s three public higher education segments do not trust the way campuses respond to instances of sexual harassment and discrimination.
It was the latest in a series of investigations into how the system handles such misconduct. A 2023 state audit found the CSU system routinely failed to address allegations of sexual assault, including instances in which universities closed cases improperly. In addition, a 232-page systemwide report by the Cozen O’Connor law firm found that the system did not adequately respond to complaints because it was understaffed and lacked enough resources. It also found that CSU did not have a way to handle misconduct that was “disruptive to the learning, living, and working environment” but does not rise to the level of discrimination or harassment.
A spokesperson for Fong wrote in an email to EdSource that each bill was “modified in consultation with stakeholders to address the fiscal implication of the bills” and that the cost of most of the bills in the package should be “minor and absorbable.”
Assemblymember Laura Friedman, D-Burbank, authored AB 810, another bill in the package, which would require job applicants, as part of the hiring process, to disclose decisions determining that they committed sexual harassment.
“We are hopeful the Governor will sign the bill. He has been very proactive when it comes to signing bills to address sexual assault and harassment,” a spokesperson for Friedman wrote. “We haven’t yet spoken to his office regarding 810, but we feel confident that this bill aligns with his previous support in this area.”
In addition to AB 2608, the three Title IX-related bills that have received Cal State’s support are:
- AB 2047, which calls for a systemwide Office of Civil Rights to oversee campus Title IX offices. The Cal State system has already implemented such an office, according to Bentley-Smith, and committed “a large fiscal and personnel impact” to back the office prior to the bill.
- AB 2407, which requires triennial audits of how Cal State and the UC handle sexual harassment complaints. Bentley-Smith said the system does not anticipate needing to add personnel or new processes to implement the bill.
- AB 2492, which would create confidential positions to help students, staff and faculty navigate the sexual harassment complaint process. Bentley-Smith said some of the positions already exist and that additional training will be necessary.
A recent CSU news release said the system is restructuring its civil rights services and seeking to “increase staffing at the system and university levels, establish uniform standards and training programs, and develop more robust data collection and tracking systems.”
