Chapter 3.7Student Safety

Section § 94380

Explanation

This law requires large private colleges and vocational schools in California to keep thorough records of specific crimes like violence, theft, and drug or alcohol offenses on campus. They need to provide this information to anyone affiliated with the school, like students or employees, if they request it.

Additionally, campuses must create a detailed safety plan that explains where security is located, how to get help, special precautions for certain areas, actions taken to boost safety in the past 18 months, and any upcoming changes in safety measures over the next 24 months. This plan should be easy to find and can be shared in materials like a student handbook.

Each private postsecondary educational institution with a full-time equivalency enrollment of over 1,000 and private vocational educational institution shall do all of the following:
(a)CA Education Code § 94380(a) Require the appropriate officials at each campus of their respective institutions to compile records of all occurrences reported to police or campus authorities, and arrests for crimes involving violence, theft, or destruction of property, or illegal drugs or alcoholic intoxication that happen on the campus.
(b)CA Education Code § 94380(b) Make the information compiled pursuant to subdivision (a) available on the request of any student or employee of, or applicant for admission to, any campus of their respective institutions.
(c)CA Education Code § 94380(c) Require the appropriate officials at each campus of their respective institutions 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 the 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.
private postsecondary educational institution full-time equivalency enrollment campus crime reporting campus safety plan security personnel availability illegal drugs offences alcoholic intoxication incidents crime record compilation safety precautions student handbook campus police records vocational educational institution violence crimes on campus theft on campus request of information
(Amended by Stats. 1993, Ch. 8, Sec. 53. Effective April 15, 1993.)

Section § 94385

Explanation

This law requires private postsecondary and vocational educational institutions in California to have written procedures to support victims of sexual assault on campus or related facilities. These procedures must include the institution's stance on campus sexual assault, how to notify the right people with the victim's permission, and legal reporting obligations. They also must detail services available to victims, both on and off-campus, and outline case management practices, including keeping victims informed and helping with any academic issues that arise. Institutions must ensure confidentiality and inform victims about their options, such as legal actions, mediation, and housing or academic changes.

"Sexual assault" here includes acts like rape and sexual battery.

(a)CA Education Code § 94385(a) Each private postsecondary educational institution and private vocational educational institution 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 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, 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)CA Education Code § 94385(b) The written procedures or protocols adopted pursuant to subdivision (a) shall contain at least the following information:
(1)CA Education Code § 94385(b)(1) The college policy regarding sexual assault on campus.
(2)CA Education Code § 94385(b)(2) Personnel on campus who should be notified, and procedures for notification, with the consent of the victim.
(3)CA Education Code § 94385(b)(3) Legal reporting requirements, and procedures for fulfilling them.
(4)CA Education Code § 94385(b)(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)CA Education Code § 94385(b)(5) A description of campus resources available to victims, as well as appropriate off-campus services.
(6)CA Education Code § 94385(b)(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, 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)CA Education Code § 94385(b)(7) Procedures for guaranteeing confidentiality and appropriately handling requests for information from the press, concerned students, and parents.
(8)CA Education Code § 94385(b)(8) Each victim of sexual assault should receive information about the existence of at least the following options: criminal prosecutions, civil prosecutions, the disciplinary process through the college, the availability of mediation, alternative housing assignments, and academic assistance alternatives.
(c)CA Education Code § 94385(c) For the purposes of this section, “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.
private educational institutions victim support sexual assault protocol campus safety treatment and counseling referral disciplinary proceedings confidentiality procedures legal reporting requirements victim services academic assistance campus resources off-campus services case management student disciplinary action victim information options
(Amended by Stats. 1993, Ch. 8, Sec. 55. Effective April 15, 1993.)