Article 3.5 - Sexual Orientation and Gender Identity Equity in Higher Education

California Education Code — §§ 66271.2-66271.41

Sections (4)

Amended by Stats. 2024, Ch. 490, Sec. 2. (SB 1491) Effective January 1, 2025.

(a)The Trustees of the California State University and the governing board of each community college district shall designate an employee at each of their respective campuses as a point of contact for the needs of lesbian, gay, bisexual, asexual, pansexual, transgender, gender-nonconforming, intersex, and two-spirit faculty, staff, and students at the respective campus. At a minimum, the name and contact information of that designated employee shall be published on the internet website for the respective campus, and shall be included in any printed and online campus directories.

(b)An employee designated as a campus point of contact pursuant to subdivision (a)

shall not be considered a responsible employee for purposes of Section 66281.8. An employee designated as a campus point of contact pursuant to subdivision (a) shall not disclose confidential information provided to them by faculty, staff, or students about any alleged act of sexual harassment, sexual violence, or discrimination without the prior written consent of the person who provided the information to the designated employee.

(c)(1) Notice provided to an employee designated as a campus point of contact pursuant to subdivision (a), or a service provided by the designated employee, pursuant to this section regarding an alleged act of sexual harassment, sexual violence, or discrimination, shall not be construed as actual or constructive notice to the public postsecondary educational institution of that alleged

act for purposes of investigations under Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681, et seq.).

(2)Paragraph (1) shall only be construed in a manner that is consistent with Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681, et seq.).

(d)The University of California is requested to comply with this section. This section shall apply to the University of California only to the extent that the Regents of the University of California, by appropriate resolution, make it applicable.

§ 66271.3

Added by Stats. 2011, Ch. 637, Sec. 5. (AB 620) Effective January 1, 2012.

The Legislative Analyst is encouraged to conduct an assessment of the California Community Colleges, California State University, and University of California systems with respect to the quality of life at those campuses for lesbian, gay, bisexual, and transgender faculty, staff, and students at the campuses of each of those institutions. If an assessment is performed, the Legislative Analyst is encouraged to use existing data provided pursuant to Section 66027 and other information available to the general public, and shall not be required to conduct new data collection or research specifically to contribute toward any assessment. The Legislative Analyst shall make recommendations to each of those institutions based on that assessment, and shall publish a summary of the

recommendations developed pursuant to this section on its Internet Web site. The California Community Colleges, the California State University, and the University of California are encouraged to share existing data or research, but are not required to conduct new data collection or research specifically to contribute toward any assessment managed by the Legislative Analyst pursuant to this section.

§ 66271.4

Amended by Stats. 2023, Ch. 222, Sec. 1. (AB 760) Effective January 1, 2024.

(a)For purposes of this section, “public postsecondary educational institution” or “institution” means a campus of the University of California, the California State University, or the California Community Colleges.

(b)(1) If a public postsecondary educational institution receives government-issued documentation, as described in subdivision (c), from a former student demonstrating that the former student’s legal name or gender has been changed, the institution shall update the former student’s records to include the updated legal name or gender. If requested by the former student, the institution shall reissue any documents conferred upon the former student with the former student’s updated legal name or gender. Documents that shall be

reissued by the institution upon request include, but are not necessarily limited to, a diploma conferred by the institution.

(2)An institution shall not charge a higher fee for correcting, updating, or reissuing a document based on a legal name or gender change than the fee it charges for correcting, updating, or reissuing that document generally.

(3)Notwithstanding any other law in conflict with this paragraph, except Section 67400, an institution may use a student’s gender or legal name as indicated in a government-issued identification document only if it is necessary to meet a legally mandated obligation, but otherwise shall identify the student in accordance with the student’s gender identity

and affirmed name.

(c)The documentation of a former student sufficient to demonstrate a legal name or gender change includes, but is not necessarily limited to, any of the following:

(1)State-issued driver’s license or identification card.

(2)Birth certificate.

(3)Passport.

(4)Social security card.

(5)Court order indicating a name change or a gender change, or both.

(d)This section does not require the institution to modify records that the former student has not requested for modification or reissuance.

(e)Commencing with the 2023–24 graduating class, an institution shall provide an option for a graduating student to request that the diploma to be conferred by the institution list the student’s chosen name. Commencing with the 2023–24 graduating class, an institution shall not require a graduating student to provide legal documentation sufficient to demonstrate a legal name or gender change in order to have the student’s chosen name be the sole name listed on the student’s diploma.

§ 66271.41

Amended by Stats. 2023, Ch. 222, Sec. 2. (AB 760) Effective January 1, 2024.

(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, implement a system by which current students, staff, and faculty can declare an affirmed name, gender, or both name and gender identification to be used in their records where legal names are not required by law.

(b)Upon the request of an individual, a community college campus and a California State University campus shall, and a University of California campus is requested to, update any records for current students, staff, and faculty to include the affirmed name, gender, or both name and gender

identification. The records that shall be updated include, but are not limited to, all of the following:

(1)School-issued email addresses.

(2)Campus identification cards.

(3)Class rosters.

(4)Unofficial and official transcripts.

(5)Diplomas, consistent with subdivision (e) of Section 66271.4, certificates of completion of courses, or similar records.

(c)(1) Commencing with the 2023–24 academic year, community college

campus systems shall be fully capable of allowing current students, staff, or faculty to declare an affirmed name, gender, or both name and gender identification.

(2)Commencing with the 2024–25 academic year, California State University campus systems shall, and University of California campus systems are requested to, be fully capable of allowing current students, staff, or faculty to declare an affirmed name, gender, or both name and gender identification.

(d)A community college campus and a California State University campus shall not, and a University of California campus is requested to not, charge a higher fee for correcting, updating, or reissuing a document or record based on the declaration of an affirmed name or gender identification than the fee it charges for correcting,

updating, or reissuing that document or record generally.

(e)Notwithstanding any other law in conflict with this subdivision, except Section 67400, a public postsecondary educational institution may use an individual’s gender or legal name as indicated in a government-issued identification document only if it is necessary to meet a legally mandated obligation, but otherwise shall identify the individual in accordance with the individual’s gender identity and affirmed name.