California Gov. Newsom signs Sen. Dodd’s bill bolstering CSU oversight of sexual harassment reports

California Gov. Gavin Newsom has backed an effort to strengthen accountability and oversight over sexual harassment complaints at Cal State University campuses like Sonoma State University, signing legislation Saturday that was first introduced by state Sen. Bill Dodd.

Dodd’s bill, SB 808, requires the Cal State Chancellor’s Office, and each of the system’s 23 campuses, to disclose the number of sexual harassment reports they receive each year. It also mandates documentation of how many of those reports resulted in investigations, how long it took the investigations to commence and conclude, and how many investigations triggered hearings and appeals.

The nation’s largest four-year public university system will have to post the annual reports on its website.

“I thank the governor for signing this bill, which will hold administrators accountable and bring necessary transparency to make sure cases aren’t swept under the rug,” Dodd, D-Napa, who was traveling Monday, said in a prepared statement. “As a grandparent and CSU graduate, I am committed to making sure students feel safe and respected on our campuses. This new law ensures we put the culture and processes in place to make that happen.”

His district includes about a third of Sonoma County, plus all of Napa and Solano counties, most of Yolo and small portions of Sacramento and Contra Costa.

The legislation is a response to chronic mishandling of sexual harassment and assault cases within the Cal State system. Sonoma State was firmly in the center of that storm.

In 2022, The Press Democrat first reported that Cal State had paid $600,000 to a former top administrator to resolve her dispute with the school over claims of retaliation after reporting allegations of sexual harassment by the husband of the school’s president.

Lisa Vollendorf, the former provost, alleged that she had brought complaints by at least two female Sonoma State employees against Patrick McCallum, the husband of Judy Sakaki, who was the university president at the time. According to Vollendorf, Sakaki had buried the claims and retaliated against the provost for raising the alarm — assertions that Sakaki and McCallum have consistently denied.

Within two months of the original story’s publication, students protested, Sakaki lost a no-confidence vote among faculty members, and announced her resignation of the presidency. She and McCallum also separated.

Sakaki’s successor, Ming-Tung “Mike” Lee, has made it a public goal to improve Sonoma State’s handling of sexual harassment cases.

The school’s Title IX officer and senior director of the Office for the Prevention of Harassment and Discrimination, Julie Vivas, pointed to recent strides made on campus. Title IX is a federal civil rights law that prohibits sex-based discrimination in education.

At orientation this year, Rivas said, SSU offered three separate presentations on Title IX rights, including one that was student-to-student. Three weeks ago, the university launched mandatory training students, similar to requirements it already had for faculty and staff. And Sonoma State is currently is filling a Prevention, Education and Compliance Coordinator to help streamline those processes.

“I’m excited about where we’re going,” Rivas said. “I really do think we are in a time of change. Having completed a year here, and having really taken the time to review what we’ve put in place, we have been able to create a road map to success.”

Meanwhile, a report issued by the State Auditor’s Office in July added to the revelations of problems at the Rohnert Park campus.

The audit reviewed 40 cases of alleged sexual harassment at Sonoma State, San Jose State and Fresno State, along with the Chancellor’s Office, between 2016-2022. Parks wrote that CSU’s sexual harassment policy lacks detailed guidelines; that campuses closed cases without providing adequate rationale; that in cases where investigations were launched, the inquiries were sometimes flawed; and that campuses did not always follow up on discipline.

Data from the Cal State campuses, as broken down in the auditor’s report, revealed that Sonoma State received 43 sexual harassment complaints from 2018-2022. With an enrollment of 7,182 in Fall 2021, that equated to 1 complaint for every 167 students. Among the 23 campuses, only Cal State-Channel Islands and Cal Maritime Academy had higher rates.

Of the 43 complaints at SSU, only seven were investigated.

People throughout the state education system are hoping SB 808 will improve some of those outcomes.

“Everyone deserves to feel safe at school and at work — SB 808 puts the well-being of students and staff first by holding the California State University System accountable and increasing transparency,” Lt. Gov. Eleni Kounalakis said, also in a prepared statement. “ … This legislation will provide much-needed accountability in the CSU’s Title IX investigation process and data to drive future reforms of Title IX implementation.”

Others caution that Dodd’s bill is no panacea.

“I see it as a positive first step,” Sebastopol attorney Judy McCann said. “But it does have some possible bad side effects. The language of the bill says schools are required to report on formal complaints. But it does happen that the Chancellor’s Office or an administrative Title IX human resources entity may try to talk people out of filing a complaint. The bill doesn’t address informal complaints.”

McCann has represented Hollis Robbins, a former Sonoma State arts and humanities dean, in a lawsuit that alleges sexual harassment by McCallum and retaliation by Sakaki.

“In Hollis’ case, a Title IX officer did minimize her claims. And in subtle and non-subtle ways, did try to talk her out of filing the claim,” McCann said. “So a case like hers might never be reported under this rule.”

Robbins left the university in May 2022 and accepted a position as the dean of the College of Humanities at the University of Utah.

In her lawsuit, Robbins made an affirmative request for Cal State to create local boards to deal with sexual harassment issues. The Chancellor’s Office is in Long Beach, far from most problems likely to arise within a sprawling constellation of campuses.

“This bill doesn’t address any of that,” McCann said. “So the bill is not protective or preventative. It doesn’t address stopping sexual harassment. Just reporting it after the fact.”

Rivas, Sonoma State’s Title IX officer, finds the text of SB 808 fairly straightforward and clear. What’s challenging, she said, is aligning state bills like Dodd’s with federal laws and regulations. For example, the U.S. Department of Education is expected to release new Title IX regulations soon, updating guidelines it revised in 2020.

“The (Cal State) system will have to go back and revamp its policy,” Rivas said. “It’s challenging for administering the policy. But what’s more challenging is making sure all the constituents know what the policies and procedures are.”

Nevertheless, everyone seems pleased that Newsom put his signature to SB 808.

That includes McCann, despite her reservations. The attorney said the bill will be a good source of comparative information for prospective students, staff and faculty. She also believes SB 808 may serve to speed up investigations, because campuses will have to be forthcoming on how long their inquiries are taking.

“Hollis Robbins’ complaint is one of a number,” McCann said. “She deserves credit for coming forward. Senator Dodd also took the step himself to champion this. It’s really appreciated.”

You can reach Staff Writer Phil Barber at 707-521-5263 or phil.barber@pressdemocrat.com. On Twitter @Skinny_Post.