The Joint Legislative Audit Committee and Assembly Education and Senate Education held a hearing on August 31, 2023, to address critical issues surrounding policies related to misconduct within the California State University (CSU) system. The meeting focused on the revisions to retreat rights for administrators, the issuance of letters of recommendation, and the implications of significant financial settlements in cases of misconduct.

The discussion began with an overview of the revised retreat policy, which now stipulates that administrators found guilty of misconduct or policy violations that affect their suitability to interact with students or employees are ineligible to retreat to another position within the CSU system. This change aims to prevent situations like that at Fresno State, where an administrator was allowed to retreat despite serious allegations.

The conversation then shifted to the policy regarding letters of recommendation. It was clarified that if an administrator is found to have engaged in misconduct, they cannot receive a positive letter of recommendation. However, the auditors raised concerns about cases where misconduct did not lead to termination. The CSU representatives indicated that they would modify the policy to allow for references but would include a note about any findings of misconduct.

The committee members expressed frustration over the perceived leniency in handling cases of serious misconduct, particularly regarding the practice of providing letters of recommendation and financial settlements to individuals found guilty of sexual harassment. One member highlighted the inconsistency between maintaining institutional integrity and the outcomes of such cases, questioning why individuals could receive payouts and positive references despite their actions.

The auditors emphasized the need for legislative action to reform the processes that allow for these outcomes, pointing out that the current system often leads to settlements to avoid the complexities of disciplinary actions governed by state law and collective bargaining agreements. They argued that these processes do not align with federal law or the Title IX framework, which complicates the handling of misconduct cases.

In conclusion, the hearing underscored the urgent need for policy reform within the CSU system to ensure accountability and protect the integrity of educational institutions. The committee acknowledged the pain and anger felt within the Fresno State community and recognized the necessity for legislative intervention to address these systemic issues effectively. The meeting ended with a call for a thorough review of the existing policies and practices to prevent future occurrences of misconduct and to uphold the safety and integrity of the campus environment.