Gov Jerry Brown Vetoes Minimum Campus Sexual Assault Punishment Bill in California

Gov. Jerry Brown made California the first state to adopt a bill mandating a "Yes Means Yes" campus sexual policy, but recently vetoed a bill originally intended to simplify schools' adjudication process for such violations.

Introduced in Feb. of this year, Assembly Bill 967 sought to implement a minimum penalty of two years' suspension for students found responsible of sexual assault. Brown vetoed the bill on Sunday, reasoning that it oversimplifies the matter, The Huffington Post reported.

California was already viewed by some as being on the forefront of campus sexual assault reform for the "Yes Means Yes" bill, and Brown could have made the state the first with a minimum punishment for campus sexual assault.

"College campuses must deal with sexual assault fairly and with clear standards of process," Brown stated with his decision to veto AB 967. "It is eminently reasonable to expect that discipline shall not vary based on a student's status as an athlete or declared area of study. This bill, however, could deprive professionals from using their judgment to discipline according to relevant circumstances."

Expulsion is the most serious punishment a college can give a student for any crime and the most common is suspension. The HP learned from a data analysis piece about a year ago that less than a third of students found responsible for sexual assault are expelled.

While most face suspension, it was not clear how long the average term was and documented examples ranged from very short to very long. AB 967 aimed to toughen punishment for campus sexual assault offenders while also taking out some of the judgment required determining a suspension term.

Other studies have found that students found responsible of sexual assault are less likely to face punishment, or receive lighter punishment if they are student-athletes. The same can also be true for students close to graduating, or are otherwise leaving the school under another circumstance.

Brown's statement indicated he wants a certain level of judgment in the adjudication process, but will support a bill that offers a uniform method of punishing campus sexual assault.