(a) For the purposes of this section, the following terms have the following meanings: (1) âPostsecondary institutionâ means a campus of the University of California, the California State University, or the California Community Colleges, a private postsecondary educational institution, or an independent institution of higher education that receives state financial assistance. (2) (A) âResponsible employeeâ means an employee who has the authority to take action to redress sexual harassment or provide supportive measures to students, or who has the duty to report sexual harassment to an appropriate school official who has that authority. (B) âResponsible employeeâ includes, but is not limited to, those individuals with any of the following positions or substantially similar positions or job duties, regardless of the specific title the institution may attach to the position: (i) Title IX coordinator or other coordinator designated to comply with and carry out the institutionâs responsibilities under this section. (ii) Residential advisors, while performing the duties of employment by the institution. (iii) Housing directors, coordinators, or deans. (iv) Student life directors, coordinators, or deans. (v) Athletic directors, coordinators, or deans. (vi) Coaches of any student athletic or academic team or activity. (vii) Faculty and associate faculty, teachers, instructors, or lecturers. (viii) Graduate student instructors, while performing the duties of employment by the institution. (ix) Laboratory directors, coordinators, or principal investigators. (x) Internship or externship directors or coordinators. (xi) Study abroad program directors or coordinators. (C) (i) Notwithstanding subparagraphs (A) and (B), âresponsible employeeâ does not include those individuals described in subparagraphs (A) and (B) who are also any of the following: (I) A therapist or other professional described in Sections 990, 1010, 1030, 1035, and 1037 of the Evidence Code, including a University of California Center for Advocacy, Resources, and Education (CARE) director, advocate, or employee. (II) A University of California Center for Advocacy, Resources, and Education (CARE) director, advocate, or employee. (III) A California State University victim advocate or other position with similar responsibilities. (IV) An individual acting in a professional capacity for which confidentiality is mandated by law. (ii) An individual described in clause (i) shall inform each student who provides the individual with information regarding sexual harassment of the studentâs ability to report to a responsible employee and direct the student to those specific reporting resources. (b) Notwithstanding Section 67400, in order to receive state financial assistance, as defined in Section 213, the appropriate governing board or body of each postsecondary institution shall implement, and at all times comply with, all of the following requirements at the institution: (1) It shall disseminate, by electronic or other means, a notice of nondiscrimination, including, but not limited to, all information required to be included in the notice provided pursuant to Section 66281.5, to all of the following: (A) Each employee of the postsecondary institution. (B) Each volunteer who will regularly interact with students. (C) Each individual or entity under contract with the postsecondary institution to perform any service involving regular interaction with students at the institution. (2) It shall designate at least one employee of the institution to coordinate its efforts to comply with and carry out its responsibilities under this section. The employee may be the same individual as the institutionâs federal Title IX coordinator. The employee shall have adequate training on what constitutes sexual harassment and on trauma-informed investigatory and hearing practices, and shall understand how the institutionâs grievance procedures operate. (3) It shall adopt rules
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