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Federal legislation and California law describe the minimum commitment and effort universities must exhibit in their efforts to improve campus safety, prevent sexual assault and related crimes, and support victims of sexual violence. In addition, there are legal reporting requirements for registered sex offenders who attend, work, or live at a university campus. There are also mandated reporting requirements for healthcare practitioners.
The following overviews are intended to provide a snapshot of certain sexual assault related laws and do not represent all legislation addressing sexual violence. To read the full text of the laws presented below click on the California State Legislature and the Office of the Law Revision Counsel, U.S. House of Representatives. The University Legal Counsel should be consulted for information regarding the University's full legal obligations.
- California Education Code §67380-85.7 (CEC §67380-85.7)
- California Education Code §67390-93 (CEC §67390-93)
- California Penal Code §11160-11163.5 (CPC §11160-11163.5)
- The Campus Sex Crimes Prevention Act and California Penal Code §290.01
- The Campus Sexual Assault Victims' Bill of Rights
- The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act)
- Title IX of the Education Amendments of 1972 (Title IX)
- Violence Against Women Reauthorization Act of 2013
CEC §67380-85.7 requires each CSU campus to collaborate with campus- and community-based victim assistance organizations to provide sexual violence information as part of "established campus orientations... 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."
This section of the Education Code also requires dating and domestic violence and stalking prevention information to be included in new student orientation programs and campus websites.
CEC §67380-85.7 further mandates CSU campuses to provide victims, whether student, faculty, or staff, of campus-related ("committed at or upon the grounds of, or upon off-campus grounds or facilities maintained by the institution, or upon grounds or facilities maintained by affiliated student organizations") sexual assault with resources related to: sexual assault policies; which campus personnel to notify; legal reporting requirements; on-campus and community victim services; case management procedures; civil and criminal prosecution; and campus judicial options.
CEC §67390-93 requires each CSU campus to "disseminate factual information about sexual assault, promote open discussion, encourage reporting, and provide information about prevention to faculty, staff, and both male and female students." In addition, targeted education programs are required for student affairs professional staff, campus police, athletic administrators and coaches, resident assistants, new students, student organization members, students living in on-campus housing, and student athletes.
CPC §11160-11163.5 requires health practitioners to report details of injuries resulting from domestic violence, sexual assault, and other crimes involving patients they treat to a local law enforcement agency.
These laws require registered sex offenders to register with campus police offices. This legislation also requires universities to inform campus community members where law enforcement information concerning sex offenders may be obtained.
This law is a component of the Clery Act. It requires all colleges and universities that participate in federal student aid programs to provide certain rights to sexual assault victims. These rights include providing victims with: assistance in notifying University Police or a local law enforcement agency, if requested by the student; campus crime reporting and disciplinary procedures; information regarding the importance of preserving evidence; and notification regarding options for changing academic and housing situations, if requested and reasonably available.
The Clery Act has three primary requirements. One, universities must provide immediate warning of confirmed significant threats to the safety of the campus community (unless notification compromises safety efforts). Two, schools must collect and report crime data. Three, university sexual assault policies are required to address: education programs; perpetrator sanctions; crime reporting; disciplinary procedures; options for victims to request assistance in notifying law enforcement; victim support services; and modification of academic and living situations.
Title IX of the Education Amendments of 1972, and certain other laws, prohibit discrimination and harassment on the basis of sex in all University education programs and activities (both on and off campus).
Title IX violations occur when conduct is “sufficiently serious to deny or limit a student's ability to participate in or benefit from the program.” Title IX violations include dating/domestic violence, sexual harassment, sexual violence, gender-based harassment, and sexually motivated stalking.
Title IX requires the university, when it knows or should reasonably know of Title IX violations to: promptly eliminate the harassment; prevent future incidents; and to address the negative impact of the harassment.
The Violence Against Women Reauthorization Act of 2013 (VAWA) was signed into law on March 7, 2013. Section 304, "Campus Sexual Violence, Domestic Violence, Dating Violence, and Stalking Education and Prevention," amends the Higher Education and Clery Acts.
VAWA contains new mandatory elements for institutions of higher education (IHE) in relation to domestic and sexual violence and campus policies, education and prevention programming, and security reports. These requirements include:
- Prohibition of dating / domestic violence, sexual assault and stalking.
- Incorporation of dating / domestic violence, sexual assault and stalking into campus policies, education and prevention programming, and crime statistics.
- Primary prevention programming for all incoming students and new employees, as well as ongoing prevention and awareness campaigns for students and faculty.
- Publication of:
- The procedures IHEs will follow once an incident of dating / domestic violence, sexual assault, or stalking has been reported, including a statement of the standard of evidence that will be used during any institutional conduct proceeding arising from such a report.
- Disciplinary procedures in cases of alleged dating / domestic violence, sexual assault, or stalking, which includes a clear statement that the proceedings will: provide a prompt, fair, and impartial investigation and resolution; and be conducted by officials who receive annual training on the issues related to domestic violence, dating violence, sexual assault, and stalking and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability.
- Information about how IHEs will protect the confidentiality of victims.
- Provision of a written explanation of available rights and options to students and employees who report incidents of dating / domestic violence, sexual assault and stalking to IHEs, whether the offense occured on or off campus.
- Prohibition against any officer, employee, or agent of an IHE from retaliating, intimidating, threatening, coercing, or otherwise discriminating against any individual for exercising their rights or responsibilities.
These and the additional VAWA IHE requirements are effective beginning March 2014. The full VAWA text is available through the U.S. Government Printing Office.
Campus sex crimes prevention act, 22 U.S.C. §7101(1601) (2000). Retrieved January 15, 2008, from the Office of the Law Revision Council, U.S. House of Representatives at http://uscode.house.gov/
Campus sexual assault victims' bill of rights, 20 USC §1092 (f)(8) (1992). Retrieved January 15, 2008, from he Office of the Law Revision Council, U.S. House of Representatives at http://uscode.house.gov/
Jeanne clery disclosure of campus security policy and campus crime statistics act, 20 U.S.C. §1092(f) (1998). Retrieved August 18, 2008, from the Office of the Law Revision Counsel, U.S. Department of Representatives at http://uscode.house.gov/
Office for Civil Rights (2001). Revised sexual harassment guidance: harassment of students, by school employees, other students or third parties. Office for Civil Rights, U.S. Department of Education. Retrieved July 28, 2013, from the Office for Civil Rights at http://www2.ed.gov/about/offices/list/ocr/docs/shguide.html
Office for Civil Rights (2008). Sexual harassment: it’s not academic. Office for Civil Rights, U.S. Department of Education. Retrieved September 18, 2013, from the Office for Civil Rights at http://www2.ed.gov/about/offices/list/ocr/docs/ocrshpam.html
Office for Civil Rights (2011). Know Your Rights: Title IX Prohibits Sexual Harassment and Sexual Violence Where You Go to School. Office for Civil Rights, U.S. Department of Education. Retrieved July 17, 2013, from the Office for Civil Rights at http://www2.ed.gov/about/offices/list/ocr/docs/title-ix-rights-201104.html
Rape and sexual assault education programs, California Education Code §67390-93 (1992). Retrieved January 15, 2008, from California Law at http://www.leginfo.ca.gov/calaw.html
Sex offender registration act, California Penal Code §290-294 (2002). Retrieved January 15, 2008, from California Law at http://www.leginfo.ca.gov/calaw.html
Student safety, California Education Code §67380-85.7 (1990). Retrieved January 15, 2008, from California Law at http://http://www.leginfo.ca.gov/calaw.html
Violence against women reauthorization act of 2013, Public Law No: 113-4 (2013). Retrieved March 15, 2013, from the U.S. Government Printing Office at http://www.gpo.gov/fdsys/pkg/BILLS-113s47enr/pdf/BILLS-113s47enr.pdf/