SECTIONS 94380-94385 - California Statutes

EDUCATION CODE

SECTION 94380-94385

94380. 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) 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) 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) 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.

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) The written procedures 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) 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) 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.