66281.10.
(a) Notwithstanding any other law, in order to comply with Section 66270, each public postsecondary education institution shall, on or before July 1, 2026, establish the following positions and designate at least one person to fulfill each position as follows:(1) (A) A confidential student advocate to assist students who have filed a complaint of sex discrimination with a Title IX office or have experienced sex discrimination.
(B) A confidential student advocate shall receive training on the campus nondiscrimination policy, campus policies on student misconduct, and the proper procedures for filing complaints of sex discrimination or student misconduct on campus.
(C) Subject to permission from the student, a confidential student advocate shall do all of the following:
(i) Provide confidential emotional support and assistance to the student.
(ii) Inform the student of their rights and options, including all of the following:
(I) Where the student can access campus resources such as psychological counseling, medical care, emergency housing, transportation, and academic support, as necessary.
(II) The various reporting options available to the student, including how to report an incident to law enforcement and the Title IX office and the option of not reporting.
(III) How complaints are processed according to the campus adjudication process for complaints of discrimination.
(IV) Campus policies prohibiting retaliation against a person who chooses to report an incident of sex discrimination.
(iii) Assist a student who chooses to a file a formal report with law enforcement, the Title IX office, or both, with the reporting process, including assisting with other agencies, campus and community services, and law enforcement.
(2) (A) A confidential staff and faculty advocate to assist staff and faculty who have filed a complaint of sex discrimination with a Title IX office or have experienced sex discrimination.
(B) A confidential staff and faculty advocate shall receive training on the campus nondiscrimination policy, campus collective bargaining agreements, and the proper procedures for filing complaints of sex discrimination.
(C) Subject to permission from the staff or faculty member, a confidential staff and faculty advocate shall do all of the following:
(i) Provide confidential emotional support and assistance to the staff or faculty member.
(ii) Inform the staff or faculty member of all of the following:
(I) Where the staff or faculty member can access campus resources such as psychological counseling, medical care, emergency housing, and transportation, as necessary.
(II) Campus policies on sexual harassment and the various reporting options the staff or faculty member has for submitting a formal report alleging sex discrimination.
(III) Campus policies prohibiting retaliation against a person who chooses to report an incident of sex discrimination.
(iii) Assist a staff or faculty member who chooses to file a formal report with law enforcement, the Title IX office, or both, with the reporting process, including assisting with other agencies, campus and community services, and law enforcement.
(3) (A) A confidential respondent services coordinator to assist students, staff, or faculty who have been accused of sex discrimination.
(B) A confidential respondent services coordinator shall be familiar with the campus nondiscrimination policy, any rules or policies adopted by a public postsecondary educational institution on the expectations or standards of student, faculty, or staff behavior on campus, and the proper procedures for filing complaints of sex discrimination.
(C) Subject to permission from the respondent, a confidential respondent services coordinator shall do all of the following:
(i) Provide confidential emotional support and assistance to the respondent.
(ii) Inform the respondent of all of the following:
(I) The rights afforded to the respondent under the campus nondiscrimination policy.
(II) What the investigation and adjudication process entails.
(III) Where the respondent can access campus and community resources for psychological counseling, legal services, alternative housing, academic changes, and any other needs deemed necessary by the campus.
(iii) Act as the student advisor provided by the public postsecondary educational institution pursuant to Section 66283.
(b) The positions established pursuant to subdivision (a) shall be all of the following:
(1) Exempt from the requirements of a responsible employee pursuant to Section 66281.8.
(2) Independent from a Title IX office.
(3) Subject to supervision from the chief executive officer of the respective public postsecondary educational institution.
(c) A public postsecondary educational institution may do either or both of the following:
(1) Permit the same person to fulfill the positions of a confidential student advocate and a confidential staff and faculty advocate.
(2) Permit a sexual assault and domestic violence counselor described in Section 67385 to fulfill the position of confidential student advocate or the position of confidential staff and faculty advocate, or both.
(d) (1) A confidential student advocate, confidential staff and faculty advocate, and confidential respondent services coordinator shall obtain specific permission from the student, staff member, or faculty member alleging sex discrimination or the respondent who has been accused of sex discrimination, as applicable, before disclosing that person’s identity, or any information that could reasonably be expected to reveal their identity, to the public postsecondary educational institution or any other authority, including law enforcement, unless otherwise required by applicable state or federal law.
(2) This subdivision is intended to maintain confidentiality, preserve any applicable privileges, including, but not limited to, the privileges described in 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, staff, or faculty alleging sex discrimination, and respondents accused of sex discrimination that receive assistance from a confidential student advocate, confidential staff and faculty advocate, or confidential respondent services coordinator, as applicable.
(e) This section shall not limit either party’s right of cross-examination of a confidential student advocate, confidential staff and faculty advocate, or confidential respondent services coordinator in a criminal or civil proceeding if the confidential student advocate, confidential staff and faculty advocate, or confidential respondent services coordinator testifies after written consent has been given by the individual who received services from that confidential advocate or confidential respondent services coordinator.
(f) For purposes of this section, the following definitions apply:
(1) “Chief executive officer” means the president of a community college campus or a California State University campus or the chancellor of a University of California campus.
(2) “Public postsecondary educational institution” means any campus of the California Community Colleges, the California State University, or the University of California.