BlackletterCalifornia law

CHAPTER 4.5. Equity in Higher Education Act

Heading of Chapter 4.5 amended by Stats. 2011, Ch. 637, Sec. 3.

§§ 66250–66294 · 62 sections

  1. ARTICLE 1. Title and Declaration of Purpose §§ 66250–66252 · 3 sections
    • § 66250 This chapter shall be known, and may be cited, as the Equity in Higher Education Act.
    • § 66251 It is the policy of the State of California to afford all persons, regardless of disability, gender, gender identity, gender expression, nationality, race or…
    • § 66252 (a) All students have the right to participate fully in the educational process, free from discrimination and harassment. Existing law, pursuant to Section…
  2. ARTICLE 2. Definitions §§ 66260–66264 · 13 sections
    • § 66260 The definitions in this article shall govern the use of the terms defined for purposes of this chapter.
    • § 66260.5 “Disability” includes mental and physical disability as defined in Section 12926 of the Government Code.
    • § 66260.6 “Disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is…
    • § 66260.7 “Gender” means sex, and includes a person’s gender identity and gender expression. “Gender expression” means a person’s gender-related appearance and behavior…
    • § 66261 “Governing board” means the governing board of a community college.
    • § 66261.3 “Nationality” or “national identity” includes a person’s actual or perceived shared ancestry or ethnic characteristics, citizenship, or residency in a country…
    • § 66261.5 “Postsecondary educational institution” means a public or private institution of vocational, professional, or postsecondary education; the governing board of a…
    • § 66261.7 “Race or ethnicity” includes ancestry, color, ethnic group identification, and ethnic background.
    • § 66262 “Religion” includes all aspects of religious belief, observance, and practice and includes agnosticism and atheism. “Discrimination on the basis of religion”…
    • § 66262.5 (a) (1) “Sexual harassment” has the same meaning as defined in Section 212.5 and includes sexual battery, sexual violence, and sexual exploitation. (2) Sexual…
    • § 66262.7 “Sexual orientation” means a person’s physical, emotional, and romantic attraction to other people. “Sexual orientation” includes, but is not limited to,…
    • § 66263 “State financial assistance” has the same meaning as defined in Section 213.
    • § 66264 “State student financial aid” has the same meaning as defined in Section 214.
  3. ARTICLE 3. Prohibition of Discrimination §§ 66268–66271.1 · 6 sections
    • § 66268 (a) It is the policy of the State of California, pursuant to Section 66251, that all persons, regardless of their race, color, or national origin, should enjoy…
    • § 66270 No person shall be subjected to discrimination on the basis of disability, gender, gender identity, gender expression, nationality, race or ethnicity,…
    • § 66270.3 Nothing in this chapter shall be construed to require a postsecondary institution to offer admission or student financial aid to a person excluded from the…
    • § 66270.7 (a) As used in this section “hostile environment” means unwelcomed conduct based on a person’s actual or perceived race, color, ethnicity, national origin,…
    • § 66271 This chapter shall not apply to an educational institution that is controlled by a religious organization if the application would not be consistent with the…
    • § 66271.1 The Board of Governors of the California Community Colleges and the Trustees of the California State University shall, and the Regents of the University of…
  4. ARTICLE 3.5. Sexual Orientation and Gender Identity Equity in Higher Education §§ 66271.2–66271.41 · 4 sections
    • § 66271.2 (a) The Trustees of the California State University and the governing board of each community college district shall designate an employee at each of their…
    • § 66271.3 The Legislative Analyst is encouraged to conduct an assessment of the California Community Colleges, California State University, and University of California…
    • § 66271.4 (a) For purposes of this section, “public postsecondary educational institution” or “institution” means a campus of the University of California, the…
    • § 66271.41 (a) The governing board of each community college district and the Trustees of the California State University shall, and the Regents of the University of…
  5. ARTICLE 4. Sex Equity in Education §§ 66271.5–66284 · 25 sections
    • § 66271.5 The provisions of this article are supplemental to any provision in the Constitution or laws of the United States or laws of the State of California, relating…
    • § 66271.6 The Legislature finds and declares all of the following: (a) On June 23, 1972, Congress enacted Title IX of the Education Amendments of 1972 to the 1964 Civil…
    • § 66271.7 (a) It is the policy of the state that community college classes and courses, including nonacademic and elective classes and courses, shall be conducted…
    • § 66271.8 (a) The Legislature finds and declares that female students should be accorded opportunities for participation in public postsecondary educational institution…
    • § 66271.9 (a) The California Community Colleges and the California State University shall, and a satellite campus of these systems and the University of California are…
    • § 66272 This article shall not apply to an educational institution whose primary purpose is the training of individuals for the military services of the United States,…
    • § 66273 This article shall not apply to the membership practices of a social fraternity or social sorority, exempt from taxation under subdivision (a) of Section 501…
    • § 66276 This article shall not apply to any scholarship or other financial assistance awarded by a postsecondary educational institution to any individual upon the…
    • § 66277 In regard to admissions to educational institutions, this article shall apply only to institutions of vocational, professional, or postgraduate education, and…
    • § 66278 In regard to admissions to educational institutions, this article shall not apply to any public institution of undergraduate higher education which…
    • § 66279 (a) (1) Notwithstanding any other law, and in furtherance of complying with Section 66270, each campus of the California State University shall establish, on…
    • § 66279.5 (a) (1) Notwithstanding any other law, and in furtherance of complying with Section 66270, each campus of the University of California shall designate, on or…
    • § 66280 (a) Notwithstanding any other law, in order to be in compliance with Section 66270, the California State University shall do both of the following on or before…
    • § 66280.5 (a) Notwithstanding any other law, in order to be in compliance with Section 66270, the University of California shall do both of the following on or before…
    • § 66281 (a) On or before December 1, 2025, the Chancellor of the California Community Colleges shall, in consultation with stakeholders, submit a report to the…
    • § 66281.4 (a) Each campus of the California State University and the California Community Colleges shall, and each campus of the University of California is requested…
    • § 66281.5 (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…
    • § 66281.7 (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…
    • § 66281.8 (a) For the purposes of this section, the following terms have the following meanings: (1) “Postsecondary institution” means a campus of the University of…
    • § 66281.9 (a) The governing board or body of an independent institution of higher education that receives state financial assistance is requested, as part of the hiring…
    • § 66282 (a) It is the intent of the Legislature that the California State University annually report to the Legislature on the institution’s efforts to prevent and…
    • § 66282.1 (a) It is the intent of the Legislature that the California Community Colleges triennially report to the Legislature on the system’s efforts to prevent and…
    • § 66282.2 (a) It is the intent of the Legislature that the University of California annually report to the Legislature on the institution’s efforts to prevent and…
    • § 66283 (a) This section shall be known, and may be cited, as Katie Meyer’s Law. (b) In order to receive state funds for student financial assistance, the governing…
    • § 66284 (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…
  6. ARTICLE 5. Compliance and Enforcement §§ 66290–66294 · 11 sections
    • § 66290 Prior to receipt of any state financial assistance or state student financial aid, a postsecondary educational institution shall provide assurance to the…
    • § 66290.1 (a) Beginning with the 2017–18 school year, each postsecondary educational institution in this state that claims an exemption pursuant to Section 901(a)(3) of…
    • § 66290.2 (a) (1) Beginning with the 2017–18 school year, each postsecondary educational institution in this state that claims an exemption pursuant to Section 901(a)(3)…
    • § 66291 (a) A community college district shall submit timely, complete, and accurate compliance reports to the chancellor’s office, as that entity may require. (b) All…
    • § 66292 (a) The governing board of each community college district and the chief executive officer of the community college district shall have joint responsibility…
    • § 66292.1 (a) The president of each California State University campus shall have the primary responsibility for ensuring that campus programs and activities are free…
    • § 66292.2 (a) The chancellor of each University of California campus shall have the primary responsibility for ensuring that campus programs and activities are free from…
    • § 66292.3 (a) A party to a written complaint of prohibited discrimination may appeal the action taken by the governing board of a community college district or the…
    • § 66292.4 This chapter may be enforced through a civil action.
    • § 66293 (a) Beginning after the date on which the United States Secretary of Education makes the online survey available to institutions, the office of the Chancellor…
    • § 66294 (a) On or before July 1, 2026, the California State University shall implement the recommendations provided in the California State Auditor Report 2022-109,…