(a)As used in this section “hostile environment” means unwelcomed conduct based on a person’s actual or perceived race, color, ethnicity, national origin, religion, or disability status, that based on the totality of circumstances, is subjectively and objectively offensive, and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from a campus’s education program or activity.
(b)The Trustees of the California State University and the Regents of the University of California have the primary responsibility to prevent and address conduct that either creates a hostile environment for students on campus, or results in differential treatment of students on campus
based on a student’s actual or perceived race, color,
ethnicity, national origin
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(a)
As used in this section “hostile environment” means unwelcomed conduct based on a person’s actual or perceived race, color, ethnicity, national origin, religion, or disability status, that based on the totality of circumstances, is subjectively and objectively offensive, and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from a campus’s education program or activity.
(b)
The Trustees of the California State University and the Regents of the University of California have the primary responsibility to prevent and address conduct that either creates a hostile environment for students on campus, or results in differential treatment of students on campus
based on a student’s actual or perceived race, color,
ethnicity, national origin, religion, or disability status.
(c)
The Trustees of the California State University shall do all of the following:
(1)
Adopt rules and procedures in the student codes of conduct to provide all of the following elements:
(A)
Prohibit violent, harassing, intimidating, or discriminatory conduct that creates a hostile environment on campus.
(B)
Prohibit conduct that limits or denies a person’s ability to participate in or benefit from the free exchange of ideas or the educational mission of the California State University.
(C)
Establish reasonable content-neutral time, place, and manner restrictions, and, if applicable, any advance permitting requirements for
protests on campus.
(2)
Adopt rules and procedures to take reasonable steps to respond to each incident described in subparagraphs (A) and (B) of paragraph (1) that creates a hostile environment on campus.
(3)
Require each campus to publish on the campus’s internet website the time, place, and manner restrictions, and any advance permitting requirements for protests on campus.
(4)
Develop mandatory training programs to educate students on all of the following:
(A)
What constitutes violent, harassing, intimidating, or discriminatory conduct that creates a hostile environment on campus, and the procedures for investigating violations of the student code of conduct.
(B)
When and where
protests and gatherings may be held, including the difference between public fora, limited public fora, nonpublic fora, and private property, consistent with the First Amendment to the United States Constitution and Section 2 of Article I of the California Constitution.
(C)
How to exchange views in an atmosphere of mutual respect and civility.
(5)
Require, as a condition of enrollment at a California State University campus, each student attending the campus to acknowledge the campus’s student code of conduct.
(d)
The Trustees of the California State University and each California State University campus shall ensure that any policy adopted or enforced pursuant to this section, as applicable, is consistent with the First Amendment to the United States Constitution, Section 2 of Article I of the California
Constitution, and Title VI of the federal Civil Rights Act of 1964 (42 U.S.C. Sec. 2000d et seq.).
(e)
(1)
On or before January 2, 2025, and annually thereafter, the Trustees of the California State University shall submit a report to the Legislature on the implementation and administration of this section. This report shall include information on student code of conduct violations relating to incidents described in subparagraphs (A) and (B) of paragraph (1) of subdivision (c).
(2)
A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(f)
The University of California is requested to comply with this section.
(g)
This section is intended to be interpreted consistent
with the First Amendment to the United States Constitution and Section 2 of Article I of the California Constitution.
(h)
The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.