2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 5 - GENERAL PROVISIONS › PART 40 - DONAHOE HIGHER EDUCATION ACT › CHAPTER 15.5 - Student Safety › Section 67385.

67385. (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.
(Amended by Stats. 2022, Ch. 556, Sec. 1.5. (AB 1467) Effective January 1, 2023.)