(a) It is the policy of the State of California, pursuant to Section 66251, that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind in the postsecondary educational institutions of the state. (b) (1) Notwithstanding Section 67400, in order to receive state financial assistance, as defined in Section 213, the appropriate governing board or body of each public postsecondary educational institution shall adopt a written policy that, at a minimum, includes, but is not limited to, all of the following provisions: (A) If an administrator is required to relinquish tenure as a faculty member to become an administrator, then there shall be a provision prohibiting retreat rights if any of following have occurred: (i) The employee is the respondent in a sexual harassment complaint filed with the public postsecondary educational institution and the employee is determined in a final administrative decision to have committed sexual harassment. (ii) The employee is the respondent in a sexual harassment complaint filed with the public postsecondary educational institution and, before a final administrative decision is made, the employee resigns from their current position. (iii) The employee is the respondent in a sexual harassment complaint filed with the public postsecondary educational institution and the employee has entered into a settlement with the public postsecondary educational institution. (B) A provision requiring any administrator or supervisor who elects to provide an official letter of recommendation to an employee of the public postsecondary educational institution to consult with the appropriate entities to determine if the employee is a respondent in a sexual harassment complaint filed with the public postsecondary educational institution. (C) A provision prohibiting the supervisor or administrator from providing an official letter of recommendation, if it is determined the employee is a respondent in a sexual harassment complaint, and any of the following has occurred: (i) The employee is determined in a final administrative decision to have committed sexual harassment. (ii) Before a final administrative decision is made, and while an investigation is pending, the employee resigns from their current position. (iii) The employee enters into a settlement with the public postsecondary educational institution based on the allegations arising from the sexual harassment complaint. (2) Paragraph (1) does not prohibit a public postsecondary educational institution from adopting a policy on employeesâ ineligibility for retreat rights that is more expansive than the provisions described in paragraph (1), provided that the provisions described in paragraph (1) are incorporated into the policy. (c) Notwithstanding Section 67400, in order to receive state financial assistance, as defined in Section 213, the appropriate governing board or body of each public postsecondary educational institution shall adopt a written policy on settlements and informal resolutions of complaints of sexual harassment in cases where the respondent is an employee of the public postsecondary educational institution. The written policy, at a minimum, shall include all of the following provisions: (1) A provision that prohibits a settlement, an informal resolution, or both, from being offered or entered into if any of following apply: (A) A complainant of the sexual harassment complaint filed against an employee respondent is a student. (B) An employee respondent is accused of committing sexual assault, sexual violence, or sexual battery. (C) The settlement or informal resolution includes a nondisclosure agreement. (2) A provision that requires the campus chief executive officer to approve informal resolutions. The campus chief executive officer shall not delegate that responsibility to a designee. (3) A provision that requires the campus chief executive officer to preliminarily approve all offers of sexual harassment se
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