Today's Law As Amended


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AB-1467 Student safety: sexual assault procedures and protocols: sexual assault counselors.(2021-2022)



As Amends the Law Today


SECTION 1.

 Section 67385 of the Education Code is amended to read:

67385.
 (a) The governing board of each community college district, the Trustees of the California State University, the Board of Directors of the Hastings College of the Law, 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 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) 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, 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 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.
(9) Procedures ensuring that each victim of sexual assault who requests assistance from a sexual assault counselor, or through the reporting, counseling, administrative, medical and health, academic accommodation, or legal processes of the university, the university police, or local law enforcement, shall be provided with alternative housing assignments and 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 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) The sexual assault counselor shall be independent from the Title IX office, and shall be appointed based on experience and a demonstrated ability to effectively provide sexual violence victim services and response.
(f) (1) To maintain confidentiality, preserve any applicable privileges, and protect the privacy of students requesting assistance, the sexual assault counselor shall not be required to report the identity of a student who requests assistance in order to receive the accommodations referenced in paragraph (9) of subdivision (b) and other accommodations, which may include, but are not limited to, academic support, adjustments to course schedules, changes to university-based housing arrangements and work schedules, or stay-away orders issued to a respondent.
(2) Regardless of whether victims wish their identity to remain confidential, a sexual assault counselor shall not notify the university or any other authority, including law enforcement, of the identity of the victim or any witness or of the alleged circumstances surrounding the reported sexual misconduct unless otherwise required by applicable state or federal laws.
(e) (g)  For 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.

SEC. 2.

 Section 89033 is added to the Education Code, to read:

89033.
 (a) The trustees and the chancellor, when reviewing and updating any executive orders relating to discrimination, harassment, and retaliation for the purpose of enforcing or implementing the requirements of Section 67385, may do so in collaboration, as they deem appropriate, with any of the following:
(1) The Vice President of Administration and Finance.
(2) The Executive Vice Chancellor of Academic and Student Affairs and other executive vice chancellors and vice chancellors.
(3) The General Counsel and administrators with responsibilities relating to discrimination, harassment, and retaliation.
(4) The Vice Chancellor of Human Resources and other human resources officers.
(5) Title IX coordinators.
(6) Presidents and provosts of the various campuses of the university.
(7) Sexual assault counselors, confidential sexual assault victims advocates, and domestic violence counselors.
(8) Representatives of the student bodies at each campus of the university.
(b) (1) The chancellor shall only issue an executive order related to the enforcement or implementation of Section 67385 after it is reviewed and adopted by the trustees, with the concurrence of the president of each affected campus of the university.
(2) The chancellor shall submit the text of all executive orders issued pursuant to paragraph (1) in an annual report to the respective chairs of the Assembly Committee on Higher Education and the Senate Committee on Education.
SEC. 3.
 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.