As the state introduces new Title IX laws, CSUMB has been working on improvements

The state is requiring universities and community colleges to rethink how their Title IX offices are structured, following recent reports which showed the California State University system has been mishandling discrimination cases for years.

California State Monterey Bay, for one, has been working to restructure and bolster its Title IX office in the past year according to university officials.

Title IX is a federal law that protects students, staff and faculty from gender and sex discrimination and serves as a form to report cases of sexual harassment and assault on college campuses.

In 2022, the CSU hired the law firm Cozen O’Connor to conduct a system-wide investigation into its handling of Title IX cases after a USA Today investigation found former Chancellor Joseph Castro had mishandled reports of sexual harassment during his time at CSU Fresno. In July 2023, the California State Auditor released their findings from a similar investigation into the CSU that found “it did not adequately or consistently address some allegations of sexual harassment,” according to the report.

Last week Gov. Gavin Newsom signed AB 1790 and AB 2806, which require higher education sites to implement the recommendations of the state auditor report as well as strengthen their sexual violence and harassment training beginning in September 2026.

“The two bills put focus on accountability and education, which are important to robust prevention and awareness programming and to ensuring when complaints arise, that everyone is prepared to respond appropriately, responsibly and expediently,” said CSU spokeswoman Amy Bentley-Smith.

The state auditor reported that from 2018-22, there were 10 sexual harassment complaints against Cal State Monterey Bay employees. The report notes these numbers are unreliable due to campuses inconsistently counting the number of reports made to them.

Of the 10 reported complaints at CSUMB, four were investigated and one was substantiated. The resolution of the one substantiated report is unclear. In comparison, CSU Fullerton had the most complaints with 223 reports filed within the five-year span. Only eight of those reports were substantiated, according to the state report.

“When possible, the CSU is going beyond the recommendations and exceeding our legal compliance mandates. Our goal is to be a national leader in building a culture of care and trust,” said Bentley-Smith.

The 2023 Cozen report found the Cal State Monterey Bay Title IX office was “not functional and was not performing many of the core duties with which the Office was tasked.”

Since the release of the Cozen report, CSUMB has made “tremendous progress” in restructuring its Title IX office, according to university spokesman Walter Ryce. The office has hired more personnel, including a Title IX/discrimination, harassment and retaliation director as well as a Clery director (The Clery Act is a federal law that requires higher education institutions that receive federal financial aid to disclose information about campus safety and crime to their community). The office has also worked to increase visibility of its practices and updated its reporting form, according to Ryce.

“The Title IX/DHR office is committed to strengthening and rebuilding relationships within the offices of CSUMB and the university community,” said Ryce.

From 2015-18, the Chancellor’s office reviewed the practices of 19 of its 23 campuses following guidance from the state auditor’s office. The CSU has not conducted any campus reviews since 2018. According to the report, this lack of information “inherently limits the Chancellor’s Office’s ability to provide targeted guidance to address inconsistencies and noncompliance in the campuses’ handling of allegations.”

AB 1790 requires the CSU to implement the state recommendations, which the report specified should be implemented by this month.

“The CSU has worked very closely with the legislature on this bill package for the last year,” said Bentley-Smith. “We share the legislators’ interest in ensuring all students and employees across our 23 universities are protected from discrimination and harassment. It is one of our highest priorities.”

The CSU has created a systemwide Office of Civil Rights Programming and Services, drafted implementation plans for each campus based on the Cozen report and created new policies on employee references and retreat rights, according to Bentley-Smith.

The state report recommends the Chancellor’s office create guidelines to clarify the CSU’s sexual harassment policy and its expectations when it comes to campus compliance. It also recommends more staff be hired to deal with Title IX cases, although this would “require significant time and resources.”

The state auditor also suggests the CSU establish specific expectations of how campus investigators should conduct their evaluations in order to be more consistent and credible. It’s also recommended that in cases where an instance of harassment does not fall under Title IX but is still deemed inappropriate or unprofessional, the situation should still be documented and result in a clear corrective or disciplinary action.

The updates in training detailed in AB 2806 also apply to California Community Colleges.

“Our understanding is that the Chancellor’s Office is developing training to meet this requirement, which will be distributed to all the (community colleges),” according to Kristin Darken, Monterey Peninsula College director of marketing and communications.

MPC’s Title IX office works with the vice president of human resources and employee relations and its staff is “trained to assist in investigations and contributes to a collaborative approach to the requirements of handling Title IX cases,” according to Darken. “We don’t anticipate that either of these new bills will affect MPC’s management of Title IX cases,” she said.

“As with any new legislation, Human Resources will ensure that policies and procedures are updated and current to reflect the new requirements,” said Dianna Rose, vice president of human resources at Hartnell College. “Additionally, training will continue for employees and students.”

Hartnell’s Title IX office has recently been restructured to include a human resources director “to help address compliance concerns and ensure we remain compliant,” said Rose. “When the position was filled in 2023, the reporting structure and processes were streamlined, roles clarified, and training was provided.”

Hartnell didn’t have any Title IX reports during the last academic year, according to Rose. MPC had six cases reported and investigated in 2023-24.

Besides AB 1790 and 2806, there are currently 11 other Title IX-related bills being discussed by the state legislature. AB 2047 calls for an Office of Civil Rights to monitor Title-IX offices across the system. AB 2492 proposes the creation of confidential positions that would assist students, staff and faculty through the reporting process. The CSU has given support to AB 2047, AB 2407 and 2492. It has not taken a position on the remaining nine bills, according to Bentley-Smith.

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Published on July 24, 2024 14:53
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