Chapter 15.5 - Student Safety

California Education Code — §§ 67380-67386

Sections (12)

Amended (as amended by Stats. 2022, Ch. 48, Sec. 10) by Stats. 2022, Ch. 478, Sec. 11. (AB 1936) Effective January 1, 2023.

(a)Except as provided in subparagraph (C) of paragraph (6), the governing board of each community college district, the Trustees of the California State University, the Board of Directors of the college named in Section 92200, the Regents of the University of California, and the governing board of any postsecondary educational institution receiving public funds for student financial assistance shall do all of the following:

(1)Require the appropriate officials at each campus within their respective jurisdictions to compile records of both of the following:

(A)All occurrences reported to campus police, campus security personnel, or campus safety authorities of, and arrests for, crimes that are

committed on campus and that involve violence, hate violence, theft, destruction of property, illegal drugs, or alcohol intoxication.

(B)All occurrences of noncriminal acts of hate violence reported to, and for which a written report is prepared by, designated campus authorities.

(2)Require any written record of a noncriminal act of hate violence to include, but not be limited to, the following:

(A)A description of the act of hate violence.

(B)Victim characteristics.

(C)Offender characteristics, if known.

(3)(A) Make the information concerning the crimes compiled pursuant to subparagraph (A) of

paragraph (1) available within two business days following the request of any student or employee of, or applicant for admission to, any campus within their respective jurisdictions, or to the media, unless the information is the type of information exempt from disclosure pursuant to Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code, in which case the information is not required to be disclosed. Notwithstanding Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code, the name or any other personally identifying information of a victim of any crime defined by Section 243.4, 261, 262, 264, 264.1, 273a, 273d, 273.5, 286, 287, 288, 289, 422.6, 422.7, or 422.75 of, or former Section 288a of, the Penal Code shall not be disclosed without the permission of the victim, or the victim’s parent or guardian if the victim is a minor.

(B)For purposes of this paragraph and subparagraph (A) of paragraph (1), the campus police, campus security personnel, and campus safety authorities described in subparagraph (A) of paragraph (1) shall be included within the meaning of “state or local police agency” and “state and local law enforcement agency,” as those terms are used in Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code.

(4)Require the appropriate officials at each campus within their respective jurisdictions to prepare, prominently post, and copy for distribution on request, a campus safety plan that sets forth all of the following: the availability and location of security personnel, methods for summoning assistance of security personnel, any special safeguards that have been established for particular facilities or activities, any actions taken in the preceding 18 months to increase safety, and

any changes in safety precautions expected to be made during the next 24 months. For purposes of this section, posting and distribution may be accomplished by including relevant safety information in a student handbook or brochure that is made generally available to students.

(5)Require the appropriate officials at each campus within their respective jurisdictions to report information compiled pursuant to paragraph (1) relating to hate violence to the governing board, trustees, board of directors, or regents, as the case may be. The governing board, trustees, board of directors, or regents, as the case may be, shall, upon collection of that information from all of the campuses within their jurisdiction, make a report containing a compilation of that information available to the general public on the internet website of each respective institution. It is the intent of the Legislature that the governing board of each community college district,

the Trustees of the California State University, the Board of Directors of the college named in Section 92200, the Regents of the University of California, and the governing board of any postsecondary educational institution receiving public funds for student financial assistance establish guidelines for identifying and reporting occurrences of hate violence. It is the intent of the Legislature that the guidelines established by these institutions of higher education be as consistent with each other as possible. These guidelines shall be developed in consultation with the Civil Rights Department and the California Association of Human Relations Organizations.

(6)(A) Notwithstanding Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code, require any report made by a victim or an employee pursuant to Section 67383 of a Part 1 violent crime, sexual assault, or

hate crime, as described in Section 422.55 of the Penal Code, received by a campus security authority and made by the victim for purposes of notifying the institution or law enforcement, to be immediately, or as soon as practicably possible, disclosed to the local law enforcement agency with which the institution has a written agreement pursuant to Section 67381 without identifying the victim, unless the victim consents to being identified after the victim has been informed of the victim’s right to have the victim’s personally identifying information withheld. If the victim does not consent to being identified, the alleged assailant shall not be identified in the information disclosed to the local law enforcement agency, unless the institution determines both of the following, in which case the institution shall disclose the identity of the alleged assailant to the local law enforcement agency and shall immediately inform the victim of that disclosure:

(i)The alleged assailant represents a serious or ongoing threat to the safety of students, employees, or the institution.

(ii) The immediate assistance of the local law enforcement agency is necessary to contact or detain the assailant.

(B) The requirements of this paragraph shall not constitute a waiver of, or exception to, any law providing for the confidentiality of information.

(C) This paragraph applies only as a condition for participation in the Cal Grant Program established pursuant to Chapter 1.7 (commencing with Section 69430) of Part 42.

(b)Any person who is refused information required to be made available pursuant to subparagraph (A) of paragraph (1) of subdivision (a) may maintain a civil action for damages against any

institution that refuses to provide the information, and the court shall award that person an amount not to exceed one thousand dollars ($1,000) if the court finds that the institution refused to provide the information.

(c)For purposes of this section:

(1)“Hate violence” means any act of physical intimidation or physical harassment, physical force or physical violence, or the threat of physical force or physical violence, that is directed against any person or group of persons, or the property of any person or group of persons because of the ethnicity, race, national origin, religion, sex, sexual orientation, gender identity, gender expression, disability, or political or religious beliefs of that person or group.

(2)“Part 1 violent crime” means willful homicide, forcible rape, robbery, or aggravated assault, as

defined in the Uniform Crime Reporting Handbook of the Federal Bureau of Investigation.

(3)“Sexual assault” includes, but is not limited to, rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or the threat of any of these.

(d)This section does not apply to the governing board of a private postsecondary educational institution receiving funds for student financial assistance with a full-time enrollment of less than 1,000 students.

(e)This section shall apply to a campus of one of the public postsecondary educational systems identified in subdivision (a) only if that campus has a full-time equivalent enrollment of more than 1,000 students.

(f)Notwithstanding any other provision of this section, this section shall

not apply to the California Community Colleges unless and until the Legislature makes funds available to the California Community Colleges for the purposes of this section.

§ 67381

Amended by Stats. 2015, Ch. 701, Sec. 1. (AB 913) Effective January 1, 2016.

(a)The Legislature reaffirms that campus law enforcement agencies have the primary authority for providing police or security services, including the investigation of criminal activity, to their campuses.

(b)The Trustees of the California State University, the Regents of the University of California, and the governing board of independent postsecondary institutions, as defined, shall adopt rules requiring each of their respective campuses to enter into written agreements with local law enforcement agencies that clarify operational responsibilities for investigations of Part 1 violent crimes, sexual assaults, and hate crimes occurring on each campus.

(c)Local law enforcement agencies shall enter into written agreements with campus law enforcement agencies if there are college or university campuses of the governing entities specified in subdivision (b) located in the jurisdictions of the local law enforcement agencies.

(d)Each written agreement entered into pursuant to this section shall designate which law enforcement agency shall have operational responsibility for the investigation of each Part 1 violent crime, sexual assault, and hate crime, and delineate the specific geographical boundaries of each agency’s operational responsibility, including maps as necessary.

(e)A written agreement entered into pursuant to this section shall be reviewed, updated if necessary, and made available for public viewing by July 1, 2016, and every five years thereafter.

(f)Each agency shall be responsible for its own costs of investigation unless otherwise specified in a written agreement.

(g)Nothing in this section shall affect existing written agreements between campus law enforcement agencies and local law enforcement agencies that otherwise meet the standards contained in subdivision (d) or any existing mutual aid procedures established pursuant to state or federal law.

(h)Nothing in this section shall be construed to limit the authority of campus law enforcement agencies to provide police services to their campuses.

(i)As used in this section, the following terms have the following meanings:

(1)“Local law enforcement agencies” means city or county

law enforcement agencies with operational responsibilities for police services in the community in which a campus is located.

(2)“Part 1 violent crimes” means willful homicide, forcible rape, robbery, and aggravated assault, as defined in the Uniform Crime Reporting Handbook of the Federal Bureau of Investigation.

(3)“Hate crime” means any offense described in Section 422.55 of the Penal Code.

(4)“Sexual assault” includes, but is not limited to, rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or threat of any of these.

(5)“Independent postsecondary institutions” means institutions operating pursuant to Section 830.6 of the Penal Code or pursuant to a memorandum of understanding as described in subdivision (b)

of Section 830.7 of the Penal Code.

(j)This section shall be known and may be cited as the Kristin Smart Campus Safety Act of 1998.

(k)It is the intent of the Legislature by enacting this section to provide the public with clear information regarding the operational responsibilities for the investigation of crimes occurring on university and college campuses by setting minimum standards for written agreements to be entered into by campus law enforcement agencies and local law enforcement agencies.

§ 67381.1

Added by Stats. 2015, Ch. 701, Sec. 2. (AB 913) Effective January 1, 2016.

(b)The governing board of each community college district shall adopt rules requiring each of their respective campuses to enter into written agreements with local law enforcement agencies that clarify operational responsibilities for investigations of Part 1 violent crimes occurring on each campus.

(c)Local law enforcement agencies shall enter into written agreements with community college campus law enforcement agencies if there are

community college campuses located in the jurisdictions of the local law enforcement agencies.

(d)Each written agreement entered into pursuant to this section shall designate which law enforcement agency shall have operational responsibility for the investigation of each Part 1 violent crime and delineate the specific geographical boundaries of each agency’s operational responsibility, including maps as necessary.

(e)Written agreements regarding community college law enforcement agencies entered into pursuant to this section or pursuant to Section 67381 as that section read before January 1, 2016, shall be available for public viewing.

(f)Each agency shall be responsible for its own costs of investigation unless otherwise specified in a written agreement.

(g)Nothing in this section shall affect existing written agreements between community college campus law enforcement agencies and local law enforcement agencies that otherwise meet the standards contained in subdivision (d) or any existing mutual aid procedures established pursuant to state or federal law.

(h)Nothing in this section shall be construed to limit the authority of community college campus law enforcement agencies to provide police services to their campuses.

(i)As used in this section, the following terms have the following meanings:

(1)“Local law enforcement agencies” means city or county law enforcement agencies with operational responsibilities for police services in the community in which a campus is located.

(2)“Part

1 violent crimes” means willful homicide, forcible rape, robbery, and aggravated assault, as defined in the Uniform Crime Reporting Handbook of the Federal Bureau of Investigation.

(j)It is the intent of the Legislature by enacting this section to provide the public with clear information regarding the operational responsibilities for the investigation of crimes occurring on community college campuses by setting minimum standards for written agreements to be entered into by community college campus law enforcement agencies and local law enforcement agencies.

(k)(1) Upon the governing board of a community college district adopting a rule requiring each of its campuses to update an agreement entered into pursuant to this section or pursuant to Section 67381 as that section read before January 1, 2016, the governing board of the community college district

shall be treated as a governing entity specified in subdivision (b) of Section 67381 and the community college district and its campuses shall be subject to the requirements of Section 67381 instead of this section.

(2)The Legislature encourages the governing board of each community college district to adopt a rule requiring each of its respective campuses to update these agreements.

§ 67382

Amended by Stats. 2016, Ch. 222, Sec. 1. (AB 1654) Effective January 1, 2017.

(a)(1) On or before January 1, 2004, and every three years thereafter, the State Auditor shall report the results of an audit of a sample of not less than six institutions of postsecondary education in California that receive federal student aid. The audit shall do both of the following:

(A) Evaluate the accuracy of the institutions’ statistics and the procedures used by the institutions to identify, gather, and track data for publishing, disseminating, and reporting accurate crime statistics in compliance with the requirements of the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 U.S.C.

Sec. 1092(f)(1) and (5)).

(B) Evaluate the institutions’ compliance with state law governing crime reporting and the development and implementation of policies and procedures pursuant to this chapter.

(2)The results of the annual audits described in paragraph (1) shall be submitted to the respective chairs of the Assembly

Committee on Higher Education and the Senate Committee on Education.

(b)The Legislature finds and declares that institutions of higher education that are subject to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 U.S.C. Sec. 1092(f)(1) and (5)) should establish and publicize a policy that allows victims or witnesses to report crimes to the campus police department or to a specified campus security authority, on a voluntary, confidential, or anonymous basis.

§ 67382.1

Added by Stats. 2024, Ch. 830, Sec. 1. (AB 2407) Effective January 1, 2025. Repealed as of January 1, 2036, by its own provisions.

(a)On or before September 1, 2026, and every three years thereafter, the California State Auditor shall report the results of an audit of the ability of the California State University and the University of California to address and prevent sexual harassment on campus. The audit for each institution shall do all of the

following:

(1)Evaluate the systemwide policies and practices on sexual harassment and determine whether the policies and practices are consistent with federal and state law and best practices.

(2)Evaluate the efforts of the systemwide office to provide consistency in, and oversight of, how campuses within the respective system respond to complaints of sexual harassment and determine if the efforts of the systemwide office are adequate to prevent, detect, and address sexual harassment and are consistent with federal and state law and best practices.

(3)Evaluate two campuses from the California State University and two campuses from the University of California on all of the following:

(A)Whether existing

campus policies and practices are adequate to detect, address, and prevent the reoccurrence of sexual harassment.

(B)Whether existing campus policies and practices are consistent with federal and state law and best practices.

(C)Whether the investigatory process for sexual harassment complaints can be improved.

(D)For sexual harassment complaints that are substantiated following an investigation, analyze selected complaints within two years of the audit’s initial date to assess whether the discipline administered was proportional to the conduct, effectively deterred future harassment, and was consistent.

(4)Review and assess any other issues that are significant to the audit, including identifying any changes that might result in improvements in the ability of the California State University and the University of California to address and prevent sexual harassment on campus.

(b)Notwithstanding Section 10231.5 of the Government Code, the California State Auditor shall report the findings of each

audit conducted pursuant to subdivision (a) to the respective chairs of the Assembly Committee on Higher Education, the Senate Committee on Education, and the Joint Legislative Audit Committee, consistent with the requirements of Section 9795 of the Government Code.

(c)For purposes of this section, the following definitions apply:

(1)“Sexual harassment” has the same definition as in Section 66262.5.

(2)“Systemwide office” means the office of the Chancellor of the California State

University or the office of the President of the University of California.

(d)This section shall remain in effect only until January 1, 2036, and as of that date is repealed.

§ 67382.2

Added by Stats. 2024, Ch. 830, Sec. 2. (AB 2407) Effective January 1, 2025. Repealed as of January 1, 2044, by its own provisions.

(a)On or before September 1, 2028, and every five years thereafter, the California State Auditor shall report the results of an audit of a sample of no less than three community college districts. The audit shall evaluate all of the following:

(1)Whether each community college district’s policies and practices are adequate to detect, address, and prevent the reoccurrence of sexual harassment.

(2)Whether each community college district’s policies and practices are consistent with federal and state law and best practices.

(3)Whether the investigatory process for sexual harassment complaints can be improved.

(4)For sexual harassment complaints that are substantiated following an investigation, analyze selected complaints within two years of the audit’s initial date to assess whether the discipline administered was proportional to the conduct, effectively deterred future harassment, and was consistent.

(b)Notwithstanding Section 10231.5 of the Government Code, the California State Auditor shall report the findings of each audit conducted pursuant to subdivision (a) to the respective chairs of the Assembly Committee on Higher Education, the Senate Committee on Education, and the Joint Legislative Audit Committee, consistent with the requirements of Section 9795 of the Government Code.

(c)This section shall remain in effect only until January 1, 2044, and as of that date is repealed.

§ 67383

Amended by Stats. 2021, Ch. 615, Sec. 75. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.

(a)As a condition for participation in the Cal Grant Program established pursuant to Chapter 1.7 (commencing with Section 96430) of Part 42, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing board of each private and independent postsecondary institution shall, on or before July 1, 2015, adopt and implement written policies and procedures to ensure that any report of a Part 1 violent crime, sexual assault, or hate crime, committed on or off campus, received by a campus security authority, as defined pursuant to Section 668.46 of Title 34 of the Code of Federal Regulations, as that section existed on May 15, 2014, and made by the

victim for purposes of notifying the institution or law enforcement, is immediately, or as soon as practicably possible, forwarded to the appropriate law enforcement agency.

(b)Notwithstanding Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code, the report shall be forwarded to the appropriate law enforcement agency without identifying the victim, unless the victim consents to being identified after the victim has been informed of the victim’s right to have the victim’s personally identifying information withheld.

(c)For purposes of this section, the appropriate law enforcement agency shall be a campus law enforcement agency if one has been established on the campus where the report was made. If no campus law

enforcement agency has been established, the report shall be immediately, or as soon as practicably possible, forwarded to a local law enforcement agency.

(d)For purposes of this section:

(1)“Hate crime” means any offense as described in Section 422.55 of the Penal Code.

(2)“Local law enforcement agency” means a city or county law enforcement agency with operational responsibilities for police services in the community in which a campus is located.

(3)“On or off campus” means the campus and any noncampus building or property as defined in Section 668.46 of Title 34 of the Code of Federal Regulations, as that section existed on May 15, 2014.

(4)“Part 1 violent crime” means willful homicide, forcible rape, robbery, or aggravated assault, as defined in the Uniform Crime Reporting Handbook of the Federal Bureau of Investigation.

(5)“Sexual assault” includes, but is not limited to, rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or the threat of any of these.

(e)The requirements of this section shall not constitute a waiver of, or exception to, any law providing for the confidentiality of information.

§ 67384

Amended by Stats. 2024, Ch. 942, Sec. 1. (AB 1841) Effective January 1, 2025.

(1)In collaboration with campus-based and community-based recovery advocacy organizations, provide, as part of established campus orientations, educational and preventive information provided by the State Department of Public Health about opioid overdose and information about the use and location of fentanyl test

strips and opioid overdose reversal medication to students at all campuses of their respective segments.

(2)Notify, by sending an email at the beginning of each academic semester or term, students of the presence and location of fentanyl test strips and opioid overdose reversal medication.

(b)The governing board of each community college district and the Trustees of the California State University shall, and the Regents of the University of California are requested to, require that each campus health center located on a campus within their respective segments do all of the following:

(1)Apply to use the statewide standing order issued by the State Public Health Officer to distribute dosages of a federally approved opioid overdose reversal medication, and to participate in the Naloxone Distribution Project administered by the State Department of Health Care Services.

(2)Upon approval for use of the statewide standing order and participation in the Naloxone Distribution Project, distribute a federally

approved opioid overdose reversal medication obtained through the Naloxone Distribution Project in accordance with its terms and conditions.

(3)Stock fentanyl test strips in the campus health center and distribute the fentanyl test strips through the campus health center. Written instructions on how to properly use the fentanyl test strips shall be distributed together with the fentanyl test strips.

§ 67384.5

Added by Stats. 2024, Ch. 942, Sec. 2. (AB 1841) Effective January 1, 2025.

(a)The governing board of each community college district and the Trustees of the California State University shall do all of the following:

(1)Notify students, by sending an email at the beginning of each academic semester or term, that each residential advisor and house manager, or the equivalent position, has received opioid overdose prevention and treatment training consistent with Naloxone Distribution Project terms and conditions.

(2)Require that each campus train all students who live on campus on the use of opioid overdose reversal medication during student orientation for each academic semester or term.

(3)Require that each campus health center located on a campus within their respective segments distribute, at the beginning of each academic semester or term, two doses of a federally approved opioid overdose reversal medication obtained through the Naloxone Distribution Project in accordance with its terms and conditions, to each university- or college-affiliated student housing facility and each university- or college-affiliated fraternity or sorority facility.

(4)Require each university- or college-affiliated student housing facility to maintain unexpired doses of the opioid overdose reversal medication in two different accessible locations in a lockable, emergency-breakable box and ensure that each residential advisor, or the equivalent position, and each resident are aware of the locations of the lockable, emergency-breakable boxes.

(5)Require each university-

or college-affiliated fraternity or sorority facility to maintain unexpired doses of the opioid overdose reversal medication in an accessible location and ensure that each house manager, or the equivalent position, is aware of the location of the opioid overdose reversal medication.

(6)(A) Ensure that each residential advisor and each house manager, or the equivalent positions, receives opioid overdose prevention and treatment training consistent with Naloxone Distribution Project terms and conditions.

(B)The training required by subparagraph (A) shall include instruction that, at the beginning of each academic semester or term, each residential advisor and house manager, or the equivalent positions, shall inform students that they have training to use opioid overdose reversal medication and access to it in the event of an overdose.

(b)The institution’s primary concern in implementing paragraphs (4) and (5) of subdivision (a) shall be student safety. Disciplinary measures shall not be imposed for any violation of the institution’s student conduct policy regarding drug possession, use, or treatment that occurs at or near the time of the incident where the residential advisor or house manager, or the equivalent position, or resident administers a dose of a federally approved opioid overdose reversal medication obtained through the Naloxone Distribution Project in accordance with its terms and conditions.

§ 67385

Amended by Stats. 2022, Ch. 556, Sec. 1.5. (AB 1467) Effective January 1, 2023.

(a)The governing board of each community college district, the Trustees of the California State University, the Board of Directors of the college named in Section 92200, and the Regents of the University of California shall each adopt, and implement at each of their respective campuses or other facilities, a written procedure or protocols to ensure, to the fullest extent possible, that students, faculty, and staff who are victims of sexual assault or domestic violence committed at or upon

locations, including, but not limited to, the grounds of the institution, off-campus grounds or facilities maintained by the institution, or grounds or facilities maintained by affiliated student organizations, shall receive treatment and information. If appropriate on-campus treatment facilities are unavailable, the written procedure or protocols may provide for referrals to local community treatment centers.

(b)The written procedure or protocols adopted pursuant to subdivision (a) shall contain at least the following information:

(1)The college policy regarding sexual assault on campus.

(2)Personnel on campus who should be notified, and procedures for notification, with the consent

of the victim.

(3)Legal reporting requirements, and procedures for fulfilling them.

(4)Services available to victims, and personnel responsible for providing these services, such as the person assigned to transport the victim to the hospital, to refer the victim to a counseling center, and to notify the police, with the victim’s concurrence.

(5)A description of campus resources available to victims, as well as appropriate off-campus services.

(6)Procedures for ongoing case management, including procedures for keeping the victim informed of the status of any student disciplinary proceedings in connection with the sexual

assault or domestic violence, and the results of any disciplinary action or appeal, and helping the victim deal with academic difficulties that may arise because of the victimization and its impact.

(7)Procedures for guaranteeing confidentiality and appropriately handling requests for information from the press, concerned students, and parents.

(8)Procedures ensuring that each victim of sexual assault or domestic violence receives information about the

availability

of at least all of the following options:

(A)Counselors and support services for victims.

(B)Criminal prosecutions.

(C)Civil prosecutions.

(D)The disciplinary process through the college.

(E)Alternative

dispute resolution or other accountability processes.

(F)Alternative housing assignments.

(G)Academic assistance alternatives.

(c)The written procedure or protocols adopted pursuant to subdivision (a) shall be reviewed annually, and updated as necessary in collaboration with sexual assault and domestic violence counselors and student, faculty, and staff representatives.

(d)Each segment of higher education shall implement this chapter from existing funds and resources available to it.

(e)(1) Sexual assault and domestic violence counselors shall be independent from the Title IX office, and shall, at a minimum, meet the qualifications defined in Sections 1035.2 and 1037.1 of the Evidence Code, respectively.

(2)Services provided by sexual assault and domestic violence counselors, including, but not limited to, securing alternative housing assignments and academic assistance alternatives, shall not be contingent on a victim’s decision to report to the Title IX office or law enforcement.

(f)(1) A sexual assault or domestic violence counselor shall obtain specific permission from the victim before disclosing the identity of the victim, or any information that could reasonably be expected to reveal the identity of the victim, to the university or any other authority, including law enforcement, unless otherwise required to do so by applicable state or federal law.

(2)This

subdivision is intended to maintain confidentiality, preserve any applicable privileges, including, but not limited to, Article 8.5 (commencing with Section 1035) and Article 8.7 (commencing with Section 1037) of Chapter 4 of Division 8 of the Evidence Code, and protect the privacy of students requesting assistance from a sexual assault or domestic violence counselor.

(g)For purposes of this section, all of the following apply:

(1)“Sexual

assault” includes, but is not limited to, rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or threat of sexual assault.

(2)(A) “Specific permission” means all of the following:

(i)The permission is limited to disclosure to particular people, for a particular circumstance, or for a particular purpose for which the permission was given.

(ii) The permission is limited to the counselor to whom it was given.

(iii) The permission may be withdrawn.

(B) Unlimited or general permission for disclosure is not specific permission.

§ 67385.7

Amended by Stats. 2024, Ch. 110, Sec. 1. (AB 2608) Effective January 1, 2025.

(a)The governing board of each community college district and the Trustees of the California State University shall, and the Regents of the University of California are requested to, in collaboration with campus-based and community-based victim advocacy organizations, provide, as part of established campus orientations, educational and preventive information about sexual violence to students at all campuses of their respective segments. For a campus with an existing on-campus orientation program, this information shall be provided, in addition to the sexual harassment information required to be provided pursuant to subdivision (e) of Section 66281.5, during the regular orientation for incoming students.

(b)(1) Each campus of the California Community Colleges and the California State University shall post educational and preventive information on sexual violence and sexual harassment on its campus internet website.

(2)Each campus of an independent institution of higher education, a private postsecondary educational institution, and the University of California is requested to post educational and preventive information on sexual violence and sexual harassment on its campus internet website.

(c)The educational and preventive information provided pursuant to this section shall include, but not be limited to, all of the following:

(1)Common facts and myths about the causes of sexual

violence and sexual harassment.

(2)What constitutes sexual violence and sexual harassment, including information on how to file internal administrative complaints with the institution of higher education and how to file criminal charges with local law enforcement officials.

(3)The availability of, and contact information for, campus and community resources for students who are victims of sexual violence and sexual harassment.

(4)Methods of encouraging peer support for victims and the imposition of sanctions on offenders.

(5)Information regarding campus, criminal, and civil consequences of committing acts of sexual violence and sexual harassment.

(d)(1) Beginning on September 1, 2024, and each year

thereafter, the California Community Colleges, the California State University, independent institutions of higher education that receive state financial assistance, and private postsecondary educational institutions that receive state financial assistance shall, and the University of California is requested to, annually train its students on sexual violence and sexual harassment, and on or before September 1, 2026, and every two years thereafter, consider updating the annual training.

(2)Beginning on September 1, 2024, and each year thereafter, students attending the California Community Colleges shall complete their annual training within six months of the beginning of the academic year.

(3)The annual training for students established in paragraph (1) shall cover all of the following topics:

(A)Common facts and myths about the causes of sexual violence and sexual harassment.

(B)What constitutes sexual violence and sexual harassment, including information on how to file internal administrative complaints with the institution of higher education and how to file criminal charges with local law enforcement officials.

(C)The availability of, and contact information for, campus and community resources for students who are victims of sexual violence and sexual harassment.

(D)Methods of encouraging peer support for victims and the imposition of sanctions on offenders.

(E)Information regarding campus, criminal, and civil consequences of committing acts of sexual violence and sexual harassment.

(F)The contact information of a Title IX coordinator or a similar position.

(G)As referenced in subparagraph (B) of paragraph (6) of subdivision (b) of Section 66281.8, statistics on the prevalence of sexual harassment and sexual violence in the educational setting,

and the differing rates at which students experience sexual harassment and sexual assault in the educational setting based on their race, sexual orientation, disability, gender, and gender identity.

(4)Beginning on September 1, 2026, the annual training for students established in paragraph (1) shall cover all of the following topics:

(A)How to recognize if a person is at risk of alcohol- and drug-facilitated sexual assault, including, but not limited to, common symptoms following

alcohol and drug consumption and intoxication.

(B)Effective measures that can be taken to prevent involuntary alcohol and drug consumption and ways to respond to circumstances where a person may be involuntarily intoxicated and at risk for alcohol- and drug-facilitated sexual assault.

(C)As part of the topic covered pursuant to subparagraph (A) of paragraph (3), common facts and myths regarding alcohol- and drug-facilitated sexual assault.

(D)Information related to confidential support and care resources for situations that arise as a result of an act of sexual violence or sexual harassment, or both, including, but not limited to, contact information and the availability of confidential medical and transportation services, forensic examination sites, and, to the extent available, rape crisis centers on campus or within the surrounding community of the campus.

(e)This section does not prevent the California Community Colleges, the California State University, independent institutions of higher education, private postsecondary educational institutions, and the University of California from incorporating the training developed

pursuant to subdivision (d) from being integrated into existing trainings as referenced in subdivision (a).

(f)A community college district may authorize students to self-certify that they have completed training developed pursuant to this section.

(g)As used in this section, the following terms have the following meanings:

(1)“Drugs” includes, but is not limited to, flunitrazepam, ketamine, and gamma hydroxybutyric acid, which is also known by other names, including, but not limited to, GHB, gamma hydroxyl butyrate, 4-hydroxybutyrate, 4-hydroxybutanoic acid, sodium oxybate, and sodium oxybutyrate.

(2)“Independent institutions of higher education” has the same meaning as that term is defined in Section 66010.

(3)“Private postsecondary educational institution” has the same meaning as that term is defined in Section 94858.

(4)“Sexual violence” and “sexual harassment” have the same meaning as those terms are defined in Section 66262.5.

(5)“Training” or “train” includes, but is not limited to, in-person, remote, or video instruction. “Training” or “train” shall not include instruction that is only provided through written materials.

(h)Campuses of the California Community Colleges and the California State University shall, and campuses of the University of California are requested to, develop policies to encourage students to report

any campus crimes involving sexual violence to the appropriate campus authorities.

(i)Campuses are urged to adopt policies to eliminate barriers for victims who come forward to report sexual assaults, and to advise students regarding these policies. These policies may include, but are not limited to, exempting the victim from campus sanctions for being in violation of any campus policies, including alcohol or substance abuse policies or other policies of the campus, at the time of the incident.

(j)The Board of Governors of the California Community Colleges and the Trustees of the California State University shall, and the Regents of the University of California are requested to, develop and adopt regulations setting forth procedures for the implementation of this section by

campuses in their respective segments.

§ 67386

Amended by Stats. 2023, Ch. 564, Sec. 1. (AB 1138) Effective January 1, 2024.

(a)In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall adopt a policy concerning sexual assault, domestic violence, dating violence, and stalking, as defined in the federal Higher Education Act of 1965 (20 U.S.C. Sec. 1092(f)), involving a student, both on and off campus. The policy shall include all of the following:

(1)An affirmative consent standard in the determination of whether consent was given by both parties to sexual activity. “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)A policy that, in the evaluation of complaints in any disciplinary process, it shall not be a valid excuse to alleged lack of affirmative consent that the accused believed that the complainant consented to the

sexual activity under either of the following circumstances:

(A)The accused’s belief in affirmative consent arose from the intoxication or recklessness of the accused.

(B)The accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain whether the complainant affirmatively consented.

(3)A policy that the standard used in determining whether the elements of the complaint against the accused have been demonstrated is the preponderance of the evidence.

(4)A policy that, in the evaluation of complaints in the disciplinary process, it shall not be a valid excuse that the accused believed that the complainant

affirmatively consented to the sexual activity if the accused knew or reasonably should have known that the complainant was unable to consent to the sexual activity under any of the following circumstances:

(A)The complainant was asleep or unconscious.

(B)The complainant was incapacitated due to the influence of drugs, alcohol, or medication, so that the complainant could not understand the fact, nature, or extent of the sexual activity.

(C)The complainant was unable to communicate due to a mental or physical condition.

(b)In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees

of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall adopt detailed and victim-centered policies and protocols regarding sexual assault, domestic violence, dating violence, and stalking involving a student that comport with best practices and current professional standards. At a minimum, the policies and protocols shall cover all of the following:

(1)A policy statement on how the institution will provide appropriate protections for the privacy of individuals involved, including confidentiality.

(2)Initial response by the institution’s personnel to a report of an incident, including requirements specific to assisting the victim, providing information in writing about the importance of

preserving evidence, and the identification and location of witnesses.

(3)Response to stranger and nonstranger sexual assault.

(4)The preliminary victim interview, including the development of a victim interview protocol, and a comprehensive followup victim interview, as appropriate.

(5)Contacting and interviewing the accused.

(6)Seeking the identification and location of witnesses.

(7)Providing written notification to the victim about the availability of, and contact information for, on- and off-campus resources and services, and coordination with law enforcement, as appropriate.

(8)Participation of victim advocates and other supporting people.

(9)Investigating allegations that alcohol or drugs were involved in the incident.

(10)Providing that an individual who participates as a complainant or witness in an investigation of sexual assault, domestic violence, dating violence, or stalking will not be subject to disciplinary sanctions for a violation of the institution’s student conduct policy at or near the time of the incident, unless the institution determines that the violation was egregious, including, but not limited to, an action that places the health or safety of any other person at risk or involves plagiarism, cheating, or academic dishonesty.

(11)The role of the institutional staff supervision.

(12)A comprehensive, trauma-informed training program for campus officials involved in investigating and adjudicating sexual assault, domestic violence, dating violence, and stalking cases.

(13)Procedures for confidential reporting by victims and third parties.

(c)(1) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall, to the extent feasible, enter into memoranda

of understanding, agreements, or collaborative partnerships with existing on-campus and community-based organizations, including rape crisis centers and domestic violence centers, to refer students for assistance or make services available to students, including counseling, health, mental health, victim advocacy, and legal assistance, and including resources for the accused.

(2)In order to receive state funds for student financial assistance, the Trustees of the California State University and the Regents of the University of California shall, to the extent feasible, ensure that when a student who experiences sexual violence seeks support services from a campus advocate

or community-based organization pursuant to a memorandum of understanding, agreement, or collaborative partnership described in paragraph (1), all of the following occurs:

(A)The student receives information about the student’s options and rights to obtain a sexual assault forensic medical examination.

(B)If the student is eligible to obtain a sexual assault forensic medical examination, the student receives information about the student’s right to be accompanied to the examination by a certified sexual assault counselor or support person of the student’s choosing, or both a certified

sexual assault counselor and a support person of the student’s choosing.

(C)If the student is eligible to obtain a sexual assault forensic medical examination, the student receives information about how to access transportation to an examination site, including transportation options that can be provided by or arranged by the campus.

(3)(A) Commencing with the 2025–26 school year, the Trustees of the California State University and the Regents of the University of California shall, to the extent practicable and necessary, provide to students who request and are eligible to obtain a

sexual assault forensic medical examination, transportation to and from a SAFE or SART exam center for a qualified health care provider to administer a sexual assault forensic medical evidence kit. All of the following shall apply to the provision of transportation services, to the extent practicable:

(i)Transportation shall be provided without charge and in a manner that protects student safety and confidentiality.

(ii) Transportation may include, but is not limited to, transportation

any of the following, if the student agrees to the transportation:

(I) A staff member of a SAFE exam center, SART exam center, rape crisis center, or community-based organization that is under a contract, memorandum of understanding, agreement, or collaborative partnership described in paragraph (1).

(II) The campus.

(III) Ride share services. If offering ride share services, campuses shall prioritize the use of ride share platforms that support the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191).

(IV) Law

enforcement. This subclause does not require a student to accept transportation by law enforcement. Campuses shall establish at least one option for

transportation that is not in a law enforcement vehicle.

(B) In order to receive state funds for student financial assistance, on or before June 30, 2026, and biennially thereafter, the Trustees of the California State University and the Regents of the University of California shall submit a report to the Legislature, pursuant to Section 9795 of the Government Code, on whether their respective institutions have provided transportation to students pursuant to subparagraph (A) and the manner in which students received the transportation to a local SAFE or SART exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit.

definitions apply:

(i)“SAFE” means a Sexual Assault Forensic Examination.

(ii) “SART” means a Sexual Abuse Response Team.

(d)In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall implement comprehensive prevention and outreach programs addressing sexual violence, domestic violence, dating violence, and stalking. A comprehensive prevention program shall include a range of prevention strategies, including, but not limited to, empowerment programming for victim prevention, awareness

raising campaigns, primary prevention, bystander intervention, and risk reduction. Outreach programs shall be provided to make students aware of the institution’s policy on sexual assault, domestic violence, dating violence, and stalking. At a minimum, an outreach program shall include a process for contacting and informing the student body, campus organizations, athletic programs, and student groups about the institution’s overall sexual assault policy, the practical implications of an affirmative consent standard, and the rights and responsibilities of students under the policy.

(e)Outreach programming shall be included as part of every incoming student’s orientation.

(1)For purposes of this section, “outreach programming” includes, but is not necessarily limited to, informing

students about all of the following:

(A)The warning signs of intimate partner and dating violence.

(B)Campus policies and resources relating to intimate partner and dating violence.

(C)Off-campus resources and centers relating to intimate partner and dating violence.

(D)A focus on prevention and bystander intervention training as it relates to intimate partner and dating violence.

(2)For purposes of this subdivision, informing students about “intimate partner and dating violence” includes, but is not necessarily limited to, providing information about violence that occurs between

individuals with a current or previous intimate or dating relationship.

(3)For purposes of this subdivision, “incoming students” includes, but is not necessarily limited to, graduate, transfer, and international students, with a special consideration of their different needs, interactions, and engagements with their campuses.