Assembly BillChaptered/SignedEducation
AB 2212: Postsecondary education: sexual harassment, harassment, intimidation, and bullying policies: student training.
What AB 2212 does, verified September 21, 2026
<p>The bill amends and adds sections to the Education Code regarding postsecondary education policies on sexual harassment, harassment, intimidation, and bullying. It requires governing boards of community colleges, trustees of California State University, regents of the University of California, and independent postsecondary educational institutions to update their sexual harassment policies to include prohibitions against public disclosure of digitized sexually explicit material without written consent. The bill also mandates these entities to provide training on sexual exploitation and technology-facilitated sexual harassment as part of student orientations and annual trainings.</p> <p>Additionally, the bill requires campuses to post educational information about sexual violence, sexual harassment, sexual exploitation, and technology-facilitated sexual harassment on their websites. I…
Bill journey
✓IntroducedComplete
✓In CommitteeComplete
✓First Chamber FloorComplete
✓Second ChamberComplete
✓GovernorComplete
6ChapteredCurrent
Last action: Chaptered by Secretary of State - Chapter 388, Statutes of 2026. (2026-09-20)Alert me
Author and sponsors
Full contact details, staff, and committees with Connect, $16/moUnlockRecent actions35 total · showing 5
| Sep. 20, 2026 | Chaptered by Secretary of State - Chapter 388, Statutes of 2026. |
| Sep. 20, 2026 | Approved by the Governor. |
| Sep. 08, 2026 | Enrolled and presented to the Governor at 3:30 p.m. |
| Aug. 28, 2026 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 6806.). |
| Aug. 27, 2026 | In Assembly. Concurrence in Senate amendments pending. |
Latest bill textEnrolled version, September 2, 2026 · 3,630 words
| Enrolled September 02, 2026 |
| Passed IN Senate August 27, 2026 |
| Passed IN Assembly August 28, 2026 |
| Amended IN Senate August 21, 2026 |
| Amended IN Senate August 13, 2026 |
| Amended IN Senate July 01, 2026 |
| Amended IN Assembly May 18, 2026 |
| Amended IN Assembly April 23, 2026 |
| Amended IN Assembly April 16, 2026 |
| Amended IN Assembly April 06, 2026 |
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Assembly Bill
No. 2212
| Introduced by Assembly Member Bauer-Kahan (Coauthors: Assembly Members Fong and Pellerin) |
February 19, 2026 |
An act to amend Sections 66281.9, 87604.5, 89521, and 92612.1 of, and to amend, repeal, and add Section 66262.5 of, the Education Code, relating to postsecondary education.
LEGISLATIVE COUNSEL'S DIGEST
AB 2212, Bauer-Kahan. Postsecondary education: sexual harassment, harassment, intimidation, and bullying policies: student training.
The Equity in Higher Education Act provides, among other things, that all students have the right to participate fully in the educational process, free from discrimination and harassment. Existing law provides that sexual harassment of students is a form of prohibited sex discrimination and defines terms for purposes of the Equity in Higher Education Act.
This bill would, commencing August 1, 2027, define additional terms for purposes of the act, including, among other terms, “digitized sexually explicit material,” “sextortion,” “technology-facilitated sexual harassment,” and “affirmative consent.” The bill would also revise the definitions of “sexual harassment” and “sexual exploitation,” and make conforming changes.
To the extent that the bill would impose new duties on community college districts, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The people of the State of California do enact as follows:
SECTION 1.
Section 66262.5 of the Education Code is amended to read: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 harassment of students is a form of sex discrimination prohibited by Section 66270.
(b) For purposes of this chapter, the following terms have the following meanings:
(1) “Sexual violence” means physical sexual acts perpetrated against a person without the person’s affirmative consent, as defined in paragraph (1) of subdivision (a) of Section 67386. Physical sexual acts include both of the following:
(A) Rape, defined as penetration, no matter how slight, of the vagina or anus with any part or object, or oral copulation of a sex organ by another person, without the consent of the victim.
(B) Sexual battery, as defined in paragraph (2).
(2) “Sexual battery” means the intentional touching of another person’s intimate parts without consent, intentionally causing a person to touch the intimate parts of another without consent, or using a person’s own intimate part to intentionally touch another person’s body without consent.
(3) “Sexual exploitation” means a person taking sexual advantage of another person for the benefit of anyone other than that person without that person’s consent, including, but not limited to, any of the following acts:
(A) The prostituting of another person.
(B) The trafficking of another person, defined as the inducement of a person to perform a commercial sex act, or labor or services, through force, fraud, or coercion.
(C) The recording of images, including video or photograph, or audio of another person’s sexual activity or intimate parts, without that person’s consent.
(D) The distribution of images, including video or photograph, or audio of another person’s sexual activity or intimate parts, if the individual distributing the images or audio knows or should have known that the person depicted in the images or audio did not consent to the disclosure.
(E) The viewing of another person’s sexual activity or intimate parts, in a place where that other person would have a reasonable expectation of privacy, without that person’s consent, for the purpose of arousing or gratifying sexual desire.
(c) This section shall become inoperative on August 1, 2027, and, as of January 1, 2028, is repealed.
SEC. 2.
Section 66262.5 is added to the Education Code, to read:66262.5.
(a) For purposes of this chapter, the following definitions apply:(1) “Affirmative consent” means affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that the person has the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.
(2) “Depicted individual” means an individual who is portrayed in sexually explicit material.
(3) “Digitization” means a process by which any of the following are realistically depicted:
(A) The nude body parts of another human being as the nude body parts of the depicted individual.
(B) Computer-generated nude body parts as the nude body parts of the depicted individual.
(C) The depicted individual engaging in sexual conduct in which the depicted individual did not engage.
(4) “Digitized sexually explicit material” means any portion of a visual or audiovisual work created or substantially altered through digitization, including an image, that shows the depicted individual in the nude or appearing to engage in, or being subjected to, sexual conduct.
(5) “Sextortion” means a threat to use sexual or intimate images or videos, however obtained, to compel another person to produce sexual or intimate images or videos, engage in sexual acts, or provide anything of value.
(6) “Sexual battery” means the intentional touching of another person’s intimate parts without consent, intentionally causing a person to touch the intimate parts of another without consent, or using a person’s own intimate part to intentionally touch another person’s body without affirmative consent.
(7) “Sexual conduct” means any of the following:
(A) Masturbation.
(B) Sexual intercourse, including genital, oral, or anal, whether between persons regardless of sex or gender or between humans and animals.
(C) Sexual penetration of the vagina or rectum by, or with, an object.
(D) The transfer of semen by means of sexual conduct from the penis directly onto the depicted individual as a result of ejaculation.
(E) Sadomasochistic abuse involving the depicted individual.
(8) “Sexual exploitation” means a person taking sexual advantage of another person for the benefit of anyone other than that person without that person’s affirmative consent, including, but not limited to, any of the following acts:
(A) The prostituting of another person.
(B) The trafficking of another person, defined as the inducement of a person to perform a commercial sex act, or labor or services, through force, fraud, or coercion.
(C) The recording of images, including video or photograph, or audio, of another person’s sexual activity or intimate parts, without that person’s affirmative consent.
(D) The distribution of images, including video or photograph, or audio, of another person’s sexual activity or intimate parts, if the individual distributing the images, video, photograph, or audio knows or should have known that the person depicted in the images, video, photograph, or audio did not provide affirmative consent to the disclosure.
(E) The viewing of another person’s sexual activity or intimate parts in a place where that other person would have a reasonable expectation of privacy, without that person’s affirmative consent, for the purpose of arousing or gratifying sexual desire.
(F) The creation or generation of digitized sexually explicit materials without the depicted individual’s written consent.
(G) The distribution of digitized sexually explicit materials, if the individual distributing the materials knows or should have known that the depicted individual did not provide written consent to the disclosure.
(9) (A) “Sexual harassment” means unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature, made by someone from or in a work or educational setting, under any of the following conditions:
(i) Submission to the conduct is explicitly or implicitly made a term or a condition of an individual’s employment, academic status, or progress.
(ii) Submission to, or rejection of, the conduct by the individual is used as the basis of employment or academic decisions affecting the individual.
(iii) The conduct has the purpose or effect of having a negative impact upon the individual’s work or academic performance, or of creating an intimidating, hostile, or offensive work or educational environment.
(iv) Submission to, or rejection of, the conduct by the individual is used as the basis for a decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through the educational institution.
(B) “Sexual harassment” includes, but is not limited to, all of the following:
(i) Sexual exploitation.
(ii) Sexual violence, including, but not limited to, sexual battery.
(iii) Stalking.
(iv) Sextortion.
(v) Technology-facilitated sexual harassment.
(C) Sexual harassment of students is a form of sex discrimination prohibited by Section 66270.
(10) “Sexual violence” means physical sexual acts perpetrated against a person without the person’s affirmative consent. Physical sexual acts include both of the following:
(A) Rape, defined as penetration, no matter how slight, of the vagina or anus with any part or object, or oral copulation of a sex organ by another person, without the affirmative consent of the victim.
(B) Sexual battery, as defined in paragraph (6).
(11) “Stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to do either of the following:
(A) Fear for their safety or the safety of others.
(B) Suffer substantial emotional distress.
(12) “Technology-facilitated sexual harassment” means sexual harassment that occurs on, or is facilitated by, digital platforms or digital technologies.
(b) This section shall become operative on August 1, 2027.
SEC. 3.
Section 66281.9 of the Education Code is amended to read: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 process for an appointment to an academic, athletic, or administrative position with that independent institution of higher education, to do all of the following:(1) (A) Require an applicant to disclose any final administrative decision or final judicial decision issued within the last seven years from the date of submission of the application determining that the applicant committed sexual harassment.
(B) Permit applicants to disclose if they have filed an appeal with the previous employer or, if applicable, with the United States Department of Education.
(2) Require an applicant to sign a release form that authorizes, in the event the applicant reaches the final stages of the application process, the release of information by the applicant’s previous employers to the independent institution of higher education concerning any substantiated allegations of misconduct in order to permit the institution to evaluate the released information with respect to the criteria for a potential job placement.
(3) If an applicant reaches the final stages of the application process for the intended academic, athletic, or administrative position, require the independent institution of higher education to use the release form signed pursuant to paragraph (2) to engage in a reasonable attempt to obtain information from the previous employer concerning any substantiated allegations of misconduct.
(b) Independent institutions of higher education that receive state financial assistance are requested to not ask an applicant to disclose, orally or in writing, information concerning any final administrative decision or final judicial decision described in paragraph (1) of subdivision (a), including any inquiry about an applicable decision on any employment application, until the institution has determined that the applicant meets the minimum employment qualifications stated in the notice issued for the position.
(c) For purposes of this section, the following definitions shall apply:
(1) “Applicant” means a person who submits an employment application for an academic, athletic, or administrative position, but does not include a person who is a current employee and is hired or rehired for a different position with the same employer.
(2) “Final administrative decision” means the written determination of whether or not sexual harassment occurred as determined by the decisionmaker following the final investigative report and the subsequent hearing.
(3) “Final judicial decision” means a final determination of a matter submitted to a court that is recorded in a judgment or order of that court.
(4) “Misconduct” means any violation of the policies governing employee conduct at the applicant’s previous place of employment, including, but not limited to, violations of policies prohibiting sexual harassment, sexual assault, or other forms of harassment or discrimination, as defined by the employer.
(5) “Sexual harassment” has the same meaning as defined in Section 66262.5 or, if applicable, as defined in Section 106.30 of Title 34 of the Code of Federal Regulations.
(6) “Substantiated allegation” means an allegation that has been sustained based upon a burden of proof of at least a preponderance of the evidence.
SEC. 4.
Section 87604.5 of the Education Code is amended to read:87604.5.
(a) The governing board of a community college district shall, as part of the hiring process for an appointment to an academic, athletic, or administrative position with that district, do all of the following:(1) (A) Require an applicant to disclose any final administrative decision or final judicial decision issued within the last seven years from the date of submission of the application determining that the applicant committed sexual harassment.
(B) Permit applicants to disclose if they have filed an appeal with the previous employer or, if applicable, with the United States Department of Education.
(2) Require an applicant to sign a release form that authorizes, in the event the applicant reaches the final stages of the application process, the release of information by the applicant’s previous employers to the community college district concerning any substantiated allegations of misconduct in order to permit the community college district to evaluate the released information with respect to the criteria for a potential job placement.
(3) If an applicant reaches the final stages of the application process for the intended academic, athletic, or administrative position, require the community college district to use the release form signed pursuant to paragraph (2) to engage in a reasonable attempt to obtain information from the previous employer concerning any substantiated allegations of misconduct.
(b) A community college district shall not ask an applicant to disclose, orally or in writing, information concerning any final administrative decision or final judicial decision described in paragraph (1) of subdivision (a), including any inquiry about an applicable decision on any employment application, until the community college district has determined that the applicant meets the minimum employment qualifications stated in the notice issued for the position.
(c) For purposes of this section, the following definitions shall apply:
(1) “Applicant” means a person who submits an employment application for an academic, athletic, or administrative position, but does not include a person who is a current employee and is hired or rehired for a different position with the same employer.
(2) “Final administrative decision” means the written determination of whether or not sexual harassment occurred as determined by the decisionmaker following the final investigative report and the subsequent hearing.
(3) “Final judicial decision” means a final determination of a matter submitted to a court that is recorded in a judgment or order of that court.
(4) “Misconduct” means any violation of the policies governing employee conduct at the applicant’s previous place of employment, including, but not limited to, violations of policies prohibiting sexual harassment, sexual assault, or other forms of harassment or discrimination, as defined by the employer.
(5) “Sexual harassment” has the same meaning as defined in Section 66262.5 or, if applicable, as defined in Section 106.30 of Title 34 of the Code of Federal Regulations.
(6) “Substantiated allegation” means an allegation that has been sustained based upon a burden of proof of at least a preponderance of the evidence.
SEC. 5.
Section 89521 of the Education Code is amended to read:89521.
(a) The trustees shall, as part of the hiring process for an appointment to an academic, athletic, or administrative position with the California State University, do all of the following:(1) (A) Require an applicant to disclose any final administrative decision or final judicial decision issued within the last seven years from the date of submission of the application determining that the applicant committed sexual harassment.
(B) Permit applicants to disclose if they have filed an appeal with the previous employer or, if applicable, with the United States Department of Education.
(2) Require an applicant to sign a release form that authorizes, in the event the applicant reaches the final stages of the application process, the release of information by the applicant’s previous employers to the campus of the California State University concerning any substantiated allegations of misconduct in order to permit the campus to evaluate the released information with respect to the criteria for a potential job placement.
(3) If an applicant reaches the final stages of the application process for the intended academic, athletic, or administrative position, require campuses of the California State University to use the release form signed pursuant to paragraph (2) to engage in a reasonable attempt to obtain information from the previous employer concerning any substantiated allegations of misconduct.
(b) The California State University shall not ask an applicant to disclose, orally or in writing, information concerning any final administrative decision or final judicial decision described in subdivision (a), including any inquiry about an applicable decision on any employment application, until the California State University has determined that the applicant meets the minimum employment qualifications stated in the notice issued for the position.
(c) For purposes of this section, the following definitions shall apply:
(1) “Applicant” means a person who submits an employment application for an academic, athletic, or administrative position, but does not include a person who is a current employee and is hired or rehired for a different position with the same campus.
(2) “Final administrative decision” means the written determination of whether or not sexual harassment occurred as determined by the decisionmaker following the final investigative report and the subsequent hearing.
(3) “Final judicial decision” means a final determination of a matter submitted to a court that is recorded in a judgment or order of that court.
(4) “Misconduct” means any violation of the policies governing employee conduct at the applicant’s previous place of employment, including, but not limited to, violations of policies prohibiting sexual harassment, sexual assault, or other forms of harassment or discrimination, as defined by the employer.
(5) “Sexual harassment” has the same meaning as defined in Section 66262.5 or, if applicable, as defined in Section 106.30 of Title 34 of the Code of Federal Regulations.
(6) “Substantiated allegation” means an allegation that has been sustained based upon a burden of proof of at least a preponderance of the evidence.
SEC. 6.
Section 92612.1 of the Education Code is amended to read:92612.1.
(a) The regents are requested, as part of the hiring process for an applicant applying for an academic, athletic, or administrative position with the University of California, to do both of the following:(1) Require an applicant to disclose any final administrative decision or final judicial decision issued within the last seven years from the date of submission of the application determining that the applicant committed misconduct, including sexual harassment.
(2) Permit applicants to disclose if they have filed an appeal with the previous employer, administrative agency, or court, if applicable.
(b) The University of California is requested to not ask an applicant to disclose, orally or in writing, information concerning any final administrative decision or final judicial decision described in paragraph (1) of subdivision (a), including any inquiry about an applicable decision on any employment application, until the University of California has determined that the applicant meets the minimum employment qualifications stated in the notice issued for the position.
(c) For purposes of this section, the following definitions shall apply:
(1) “Final administrative decision” means the written determination of whether or not sexual harassment occurred as determined by the decisionmaker following the final investigative report and a hearing, if a hearing is either required pursuant to Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) or federal regulations implementing those provisions, or is required by the public postsecondary educational institution’s written policy on sex discrimination, including sexual harassment, and related grievance processes. If a party has filed a timely grievance or appeal, “final administrative decision” means after the grievance or appeal decision has been issued.
(2) “Final judicial decision” means a final determination of a matter submitted to a court that is recorded in a judgment or order of that court.
(3) “Misconduct” means any violation of the policies governing employee conduct at the applicant’s previous place of employment, including, but not limited to, violations of policies prohibiting sexual harassment, sexual assault, or other forms of harassment or discrimination, as defined by the employer.
(4) “Sexual harassment” has the same meaning as defined in Section 66262.5 or, if applicable, as defined by the federal regulations implementing Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.).
SEC. 7.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.Text of AB 2212 as enrolled, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions