Support California AB 2326 (Alvarez) – Title IX Compliance

I would like to express strong support for AB 2326 (Alvarez). This bill will require California’s three public higher education institutions’ Chancellor or Office of the President to closely monitor and strengthen their compliance with Title IX.    As you know, Title IX provides that no person be discriminated against, be excluded from participating in, or be denied the benefits of any education program or activity because of sex. Discrimination based on sex/gender can include sexual harassment or sexual violence, including rape, sexual assault, sexual battery, and sexual coercion. Discrimination can also manifest through bullying, which may impact a student’s ability to adequately participate in higher education programs.   Following a directive by the Joint Legislative Audit Committee, in August of 2023, the California State Auditor released a report on the California State University System’s compliance with Title IX. The report found inconsistencies amongst the 23 campuses, and in some cases found that claims were not investigated or were dismissed despite evidence that harassment had occurred. Some campuses did not have dedicated trained personnel responsible for handling complaints. Some did not provide discipline and corrective action. The Auditor rightly stated that the Chancellor of the CSU system must provide guidance, directives, and oversight of the CSU campuses’ compliance with Title IX.    Institutional failure to appropriately address Title IX complaints, including sexual harassment and assaults, robs students of the freedom to fully participate and excel in their academic pursuits.    AB 2326 corrects existing failures by requiring guidance, oversight, and discipline at the highest level of each institution. It directly addresses issues raised in the 2023 Auditors’ report, and previous reports, and recommendations issued by the Committee on Higher Education in 2024. It recommends that an annual compliance report be generated detailing how institutions are complying with state and federal law to prevent sex discrimination on their campuses and that this report be presented to the Budget Subcommittees on Education Finance in both the Senate and Assembly by the Chancellor or President of each public higher education institution and the Chair of each institution’s governing board.   In sum, the reporting and public presentation requirements outlined in this bill seek to position the Board of Governors of the CCC, the CSU Board of Trustees, and the UC Board of Regents as responsible for offering educational programs free from discrimination and accountable for concrete changes that will make this a lived reality. Only with this accountability can California’s public higher education institutions come into full compliance with Title IX.