August 30, 2024 - College should be some of the happiest years of our lives, some of our fondest memories to look back on. But for some, those years are marked by trauma. While sexual assault and harassment may never be fully preventable, Assemblymember Friedman (D-Burbank) is giving California’s colleges and universities their best shot yet at preventing predators from entering their pedagogical ranks: AB 810. AB 810 passed the California Legislature today on a vote of 56-0.

It is an unfortunate reality that sexual assault and harassment happen on college campuses. But hiring known abusers? There should be no reality in which that happens. And yet, it happens so frequently that colleges have a name for it: passing the harasser. The term arose after colleges began to see a pattern. Professors, coaches, and staff accused of sexual assault or harassment would simply leave the colleges at which they had been accused and apply at another university. The hiring university would remain unaware of the accusations because accusations, even substantiated ones, don’t pop on a background check, only convictions do. AB 810 closes that loophole.

AB 810 requires applicants to sign a disclosure form permitting human resource officers to engage with previous employers to ascertain information about past misconduct including but not limited to sexual assault, sexual harassment, or other forms of harassment or discrimination.

Right now, perpetrators are shielded by institutional protections. Six months ago, eight students from San Joaquin Valley College sued a professor that they say had sexually harassed them. All eight students reported his behavior to the college. Rather than face disciplinary action, the professor resigned. He now teaches at the River Campus of North-West College.

In 2022, two different professors at Cal State San Marcos made unwanted sexual advances, including sexually touching two female students without their consent. Both students reported the inappropriate sexual contact. The college found their accounts credible, but still allowed both professors to resign, and agreed upon resignation, that they would not tell future places of employment about the reason both professors resigned. In one case, the college actually struck the disciplinary actions taken from the professor’s employment file. Both professors now teach at other universities. Both of the hiring universities said they were unaware of the allegations made against the two professors.

These stories are three among many. According to a 2021 study published in the Journal of Public Affairs Education, 13% of women and 3% of men in academia will be sexually harassed by a faculty member. That study also indicates that that the real number is actually probably much higher as according to the National Sexual Violence Resource Center that 63% of victims of sexual violence do not report the assault.

This practice cannot continue. “California has a duty to keep the students in our care safe,” said Assemblymember Laura Friedman. “By requiring college campuses to do their due diligence during their hiring process AB 810 aims to reduce the passing of the harasser from campus to campus to make our campuses truly safe and equitable environments for students and staff in California.”

“No student should ever have to worry about sexual harassment, especially at the hands of an instructor or coach,” says Kate Rodgers, UCLA student and Co-Chief of Policy for Generation Up. “Without AB810, it is all too common for known abusers to end up right back in the classroom, endangering every member of a campus community. California’s public colleges and universities need this bill to stop the proliferation of misconduct and begin to regain the trust of the students they exist to serve.” 

AB 810 now moves to the Governor’s desk. The Governor will have until September 30th to sign this bill into law.

Laura Friedman represents 44th Assembly District, which includes the cities of Burbank, Glendale, and Los Angeles, as well as the communities of La Crescenta, Lake View Terrace, Montrose, North Hollywood, Shadow Hills, Sherman Oaks, Sunland-Tujunga, Studio City, Toluca Lake, and Valley Village. 
Source: Assemblymember Laura Friedman