text:
(a) Except as provided in subparagraph (C) of paragraph (6), 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, the Regents of the University of California, and the governing board of any postsecondary educational institution receiving public funds for student financial assistance shall do all of the following:

(1) Require the appropriate officials at each campus within their respective jurisdictions to compile records of both of the following:

(A) All occurrences reported to campus police, campus security personnel, or campus safety authorities of, and arrests for, crimes that are committed on campus and that involve violence, hate violence, theft, destruction of property, illegal drugs, or alcohol intoxication.

(B) All occurrences of noncriminal acts of hate violence reported to, and for which a written report is prepared by, designated campus authorities.

(2) Require any written record of a noncriminal act of hate violence to include, but not be limited to, the following:

(A) A description of the act of hate violence.

(B) Victim characteristics.

(C) Offender characteristics, if known.

(3) (A) Make the information concerning the crimes compiled pursuant to subparagraph (A) of paragraph (1) available within two business days following the request of any student or employee of, or applicant for admission to, any campus within their respective jurisdictions, or to the media, unless the information is the type of information exempt from disclosure pursuant to Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code, in which case the information is not required to be disclosed. Notwithstanding Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code, the name or any other personally identifying information of a victim of any crime defined by Section 243.4, 261, 262, 264, 264.1, 273a, 273d, 273.5, 286, 287, 288, 289, 422.6, 422.7, or 422.75 of, or former Section 288a of, the Penal Code shall not be disclosed without the permission of the victim, or the victim’s parent or guardian if the victim is a minor.

(B) For purposes of this paragraph and subparagraph (A) of paragraph (1), the campus police, campus security personnel, and campus safety authorities described in subparagraph (A) of paragraph (1) shall be included within the meaning of “state or local police agency” and “state and local law enforcement agency,” as those terms are used in Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code.

(4) Require the appropriate officials at each campus within their respective jurisdictions 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 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.

(5) Require the appropriate officials at each campus within their respective jurisdictions to report information compiled pursuant to paragraph (1) relating to hate violence to the governing board, trustees, board of directors, or regents, as the case may be. The governing board, trustees, board of directors, or regents, as the case may be, shall, upon collection of that information from all of the campuses within their jurisdiction, make a report containing a compilation of that information available to the general public on the internet website of each respective institution. It is the intent of the Legislature that 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, the Regents of the University of California, and the governing board of any postsecondary educational institution receiving public funds for student financial assistance establish guidelines for identifying and reporting occurrences of hate violence. It is the intent of the Legislature that the guidelines established by these institutions of higher education be as consistent with each other as possible. These guidelines shall be developed in consultation with the Civil Rights Department and the California Association of Human Relations Organizations.

(6) (A) Notwithstanding Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code, require any report made by a victim or an employee pursuant to Section 67383 of a Part 1 violent crime, sexual assault, or hate crime, as described in Section 422.55 of the Penal Code, received by a campus security authority and made by the victim for purposes of notifying the institution or law enforcement, to be immediately, or as soon as practicably possible, disclosed to the local law enforcement agency with which the institution has a written agreement pursuant to Section 67381 without identifying the victim, unless the victim consents to being identified after the victim has been informed of the victim’s right to have the victim’s personally identifying information withheld. If the victim does not consent to being identified, the alleged assailant shall not be identified in the information disclosed to the local law enforcement agency, unless the institution determines both of the following, in which case the institution shall disclose the identity of the alleged assailant to the local law enforcement agency and shall immediately inform the victim of that disclosure:

(i) The alleged assailant represents a serious or ongoing threat to the safety of students, employees, or the institution.

(ii) The immediate assistance of the local law enforcement agency is necessary to contact or detain the assailant.

(B) The requirements of this paragraph shall not constitute a waiver of, or exception to, any law providing for the confidentiality of information.

(C) This paragraph applies only as a condition for participation in the Cal Grant Program established pursuant to Chapter 1.7 (commencing with Section 69430) of Part 42.

(b) Any person who is refused information required to be made available pursuant to subparagraph (A) of paragraph (1) of subdivision (a) may maintain a civil action for damages against any institution that refuses to provide the information, and the court shall award that person an amount not to exceed one thousand dollars ($1,000) if the court finds that the institution refused to provide the information.

(c) For purposes of this section:

(1) “Hate violence” means any act of physical intimidation or physical harassment, physical force or physical violence, or the threat of physical force or physical violence, that is directed against any person or group of persons, or the property of any person or group of persons because of the ethnicity, race, national origin, religion, sex, sexual orientation, gender identity, gender expression, disability, or political or religious beliefs of that person or group.

(2) “Part 1 violent crime” means willful homicide, forcible rape, robbery, or aggravated assault, as defined in the Uniform Crime Reporting Handbook of the Federal Bureau of Investigation.

(3) “Sexual assault” includes, but is not limited to, rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or the threat of any of these.

(d) This section does not apply to the governing board of a private postsecondary educational institution receiving funds for student financial assistance with a full-time enrollment of less than 1,000 students.

(e) This section shall apply to a campus of one of the public postsecondary educational systems identified in subdivision (a) only if that campus has a full-time equivalent enrollment of more than 1,000 students.

(f) Notwithstanding any other provision of this section, this section shall not apply to the California Community Colleges unless and until the Legislature makes funds available to the California Community Colleges for the purposes of this section.

history: (History: Amended (as amended by Stats. 2022, Ch. 48, Sec. 10) by Stats. 2022, Ch. 478, Sec. 11. (AB 1936) Effective January 1, 2023.)

title: 3. POSTSECONDARY EDUCATION

chapter: 15.5. Student Safety

path: 3. POSTSECONDARY EDUCATION > 5. GENERAL PROVISIONS > 40. DONAHOE HIGHER EDUCATION ACT > 15.5. Student Safety


kind: section

code: EDC

text:
(a) The Legislature reaffirms that campus law enforcement agencies have the primary authority for providing police or security services, including the investigation of criminal activity, to their campuses.

(b) The Trustees of the California State University, the Regents of the University of California, and the governing board of independent postsecondary institutions, as defined, shall adopt rules requiring each of their respective campuses to enter into written agreements with local law enforcement agencies that clarify operational responsibilities for investigations of Part 1 violent crimes, sexual assaults, and hate crimes occurring on each campus.

(c) Local law enforcement agencies shall enter into written agreements with campus law enforcement agencies if there are college or university campuses of the governing entities specified in subdivision (b) located in the jurisdictions of the local law enforcement agencies.

(d) Each written agreement entered into pursuant to this section shall designate which law enforcement agency shall have operational responsibility for the investigation of each Part 1 violent crime, sexual assault, and hate crime, and delineate the specific geographical boundaries of each agency’s operational responsibility, including maps as necessary.

(e) A written agreement entered into pursuant to this section shall be reviewed, updated if necessary, and made available for public viewing by July 1, 2016, and every five years thereafter.

(f) Each agency shall be responsible for its own costs of investigation unless otherwise specified in a written agreement.

(g) Nothing in this section shall affect existing written agreements between campus law enforcement agencies and local law enforcement agencies that otherwise meet the standards contained in subdivision (d) or any existing mutual aid procedures established pursuant to state or federal law.

(h) Nothing in this section shall be construed to limit the authority of campus law enforcement agencies to provide police services to their campuses.

(i) As used in this section, the following terms have the following meanings:

(1) “Local law enforcement agencies” means city or county law enforcement agencies with operational responsibilities for police services in the community in which a campus is located.

(2) “Part 1 violent crimes” means willful homicide, forcible rape, robbery, and aggravated assault, as defined in the Uniform Crime Reporting Handbook of the Federal Bureau of Investigation.

(3) “Hate crime” means any offense described in Section 422.55 of the Penal Code.

(4) “Sexual assault” includes, but is not limited to, rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or threat of any of these.

(5) “Independent postsecondary institutions” means institutions operating pursuant to Section 830.6 of the Penal Code or pursuant to a memorandum of understanding as described in subdivision (b) of Section 830.7 of the Penal Code.

(j) This section shall be known and may be cited as the Kristin Smart Campus Safety Act of 1998.

(k) It is the intent of the Legislature by enacting this section to provide the public with clear information regarding the operational responsibilities for the investigation of crimes occurring on university and college campuses by setting minimum standards for written agreements to be entered into by campus law enforcement agencies and local law enforcement agencies.

history: (History: Amended by Stats. 2015, Ch. 701, Sec. 1. (AB 913) Effective January 1, 2016.)

division: 5. GENERAL PROVISIONS

part: 40. DONAHOE HIGHER EDUCATION ACT

title: 3. POSTSECONDARY EDUCATION


text:
(a) The Legislature reaffirms that campus law enforcement agencies have the primary authority for providing police or security services, including the investigation of criminal activity, to their campuses.

(b) The governing board of each community college district shall adopt rules requiring each of their respective campuses to enter into written agreements with local law enforcement agencies that clarify operational responsibilities for investigations of Part 1 violent crimes occurring on each campus.

(c) Local law enforcement agencies shall enter into written agreements with community college campus law enforcement agencies if there are community college campuses located in the jurisdictions of the local law enforcement agencies.

(d) Each written agreement entered into pursuant to this section shall designate which law enforcement agency shall have operational responsibility for the investigation of each Part 1 violent crime and delineate the specific geographical boundaries of each agency’s operational responsibility, including maps as necessary.

(e) Written agreements regarding community college law enforcement agencies entered into pursuant to this section or pursuant to Section 67381 as that section read before January 1, 2016, shall be available for public viewing.

(f) Each agency shall be responsible for its own costs of investigation unless otherwise specified in a written agreement.

(g) Nothing in this section shall affect existing written agreements between community college campus law enforcement agencies and local law enforcement agencies that otherwise meet the standards contained in subdivision (d) or any existing mutual aid procedures established pursuant to state or federal law.

(h) Nothing in this section shall be construed to limit the authority of community college campus law enforcement agencies to provide police services to their campuses.

(i) As used in this section, the following terms have the following meanings:

(1) “Local law enforcement agencies” means city or county law enforcement agencies with operational responsibilities for police services in the community in which a campus is located.

(2) “Part 1 violent crimes” means willful homicide, forcible rape, robbery, and aggravated assault, as defined in the Uniform Crime Reporting Handbook of the Federal Bureau of Investigation.

(j) It is the intent of the Legislature by enacting this section to provide the public with clear information regarding the operational responsibilities for the investigation of crimes occurring on community college campuses by setting minimum standards for written agreements to be entered into by community college campus law enforcement agencies and local law enforcement agencies.

(k) (1) Upon the governing board of a community college district adopting a rule requiring each of its campuses to update an agreement entered into pursuant to this section or pursuant to Section 67381 as that section read before January 1, 2016, the governing board of the community college district shall be treated as a governing entity specified in subdivision (b) of Section 67381 and the community college district and its campuses shall be subject to the requirements of Section 67381 instead of this section.

(2) The Legislature encourages the governing board of each community college district to adopt a rule requiring each of its respective campuses to update these agreements.

history: (History: Added by Stats. 2015, Ch. 701, Sec. 2. (AB 913) Effective January 1, 2016.)

title: 3. POSTSECONDARY EDUCATION


text:
(a) (1) On or before January 1, 2004, and every three years thereafter, the State Auditor shall report the results of an audit of a sample of not less than six institutions of postsecondary education in California that receive federal student aid. The audit shall do both of the following:

(A) Evaluate the accuracy of the institutions’ statistics and the procedures used by the institutions to identify, gather, and track data for publishing, disseminating, and reporting accurate crime statistics in compliance with the requirements of the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 U.S.C. Sec. 1092(f)(1) and (5)).

(B) Evaluate the institutions’ compliance with state law governing crime reporting and the development and implementation of policies and procedures pursuant to this chapter.

(2) The results of the annual audits described in paragraph (1) shall be submitted to the respective chairs of the Assembly Committee on Higher Education and the Senate Committee on Education.

(b) The Legislature finds and declares that institutions of higher education that are subject to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 U.S.C. Sec. 1092(f)(1) and (5)) should establish and publicize a policy that allows victims or witnesses to report crimes to the campus police department or to a specified campus security authority, on a voluntary, confidential, or anonymous basis.

history: (History: Amended by Stats. 2016, Ch. 222, Sec. 1. (AB 1654) Effective January 1, 2017.)

title: 3. POSTSECONDARY EDUCATION


text:
(a) On or before September 1, 2026, and every three years thereafter, the California State Auditor shall report the results of an audit of the ability of the California State University and the University of California to address and prevent sexual harassment on campus. The audit for each institution shall do all of the following:

(1) Evaluate the systemwide policies and practices on sexual harassment and determine whether the policies and practices are consistent with federal and state law and best practices.

(2) Evaluate the efforts of the systemwide office to provide consistency in, and oversight of, how campuses within the respective system respond to complaints of sexual harassment and determine if the efforts of the systemwide office are adequate to prevent, detect, and address sexual harassment and are consistent with federal and state law and best practices.

(3) Evaluate two campuses from the California State University and two campuses from the University of California on all of the following:

(A) Whether existing campus policies and practices are adequate to detect, address, and prevent the reoccurrence of sexual harassment.

(B) Whether existing campus policies and practices are consistent with federal and state law and best practices.

(C) Whether the investigatory process for sexual harassment complaints can be improved.

(D) For sexual harassment complaints that are substantiated following an investigation, analyze selected complaints within two years of the audit’s initial date to assess whether the discipline administered was proportional to the conduct, effectively deterred future harassment, and was consistent.

(4) Review and assess any other issues that are significant to the audit, including identifying any changes that might result in improvements in the ability of the California State University and the University of California to address and prevent sexual harassment on campus.

(b) Notwithstanding Section 10231.5 of the Government Code, the California State Auditor shall report the findings of each audit conducted pursuant to subdivision (a) to the respective chairs of the Assembly Committee on Higher Education, the Senate Committee on Education, and the Joint Legislative Audit Committee, consistent with the requirements of Section 9795 of the Government Code.

(c) For purposes of this section, the following definitions apply:

(1) “Sexual harassment” has the same definition as in Section 66262.5.

(2) “Systemwide office” means the office of the Chancellor of the California State University or the office of the President of the University of California.

(d) This section shall remain in effect only until January 1, 2036, and as of that date is repealed.

history: (History: Added by Stats. 2024, Ch. 830, Sec. 1. (AB 2407) Effective January 1, 2025. Repealed as of January 1, 2036, by its own provisions.)

title: 3. POSTSECONDARY EDUCATION


text:
(a) On or before September 1, 2028, and every five years thereafter, the California State Auditor shall report the results of an audit of a sample of no less than three community college districts. The audit shall evaluate all of the following:

(1) Whether each community college district’s policies and practices are adequate to detect, address, and prevent the reoccurrence of sexual harassment.

(2) Whether each community college district’s policies and practices are consistent with federal and state law and best practices.

(3) Whether the investigatory process for sexual harassment complaints can be improved.

(4) For sexual harassment complaints that are substantiated following an investigation, analyze selected complaints within two years of the audit’s initial date to assess whether the discipline administered was proportional to the conduct, effectively deterred future harassment, and was consistent.

(b) Notwithstanding Section 10231.5 of the Government Code, the California State Auditor shall report the findings of each audit conducted pursuant to subdivision (a) to the respective chairs of the Assembly Committee on Higher Education, the Senate Committee on Education, and the Joint Legislative Audit Committee, consistent with the requirements of Section 9795 of the Government Code.

(c) This section shall remain in effect only until January 1, 2044, and as of that date is repealed.

history: (History: Added by Stats. 2024, Ch. 830, Sec. 2. (AB 2407) Effective January 1, 2025. Repealed as of January 1, 2044, by its own provisions.)

title: 3. POSTSECONDARY EDUCATION


text:
(a) As a condition for participation in the Cal Grant Program established pursuant to Chapter 1.7 (commencing with Section 96430) of Part 42, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing board of each private and independent postsecondary institution shall, on or before July 1, 2015, adopt and implement written policies and procedures to ensure that any report of a Part 1 violent crime, sexual assault, or hate crime, committed on or off campus, received by a campus security authority, as defined pursuant to Section 668.46 of Title 34 of the Code of Federal Regulations, as that section existed on May 15, 2014, and made by the victim for purposes of notifying the institution or law enforcement, is immediately, or as soon as practicably possible, forwarded to the appropriate law enforcement agency.

(b) Notwithstanding Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code, the report shall be forwarded to the appropriate law enforcement agency without identifying the victim, unless the victim consents to being identified after the victim has been informed of the victim’s right to have the victim’s personally identifying information withheld.

(c) For purposes of this section, the appropriate law enforcement agency shall be a campus law enforcement agency if one has been established on the campus where the report was made. If no campus law enforcement agency has been established, the report shall be immediately, or as soon as practicably possible, forwarded to a local law enforcement agency.

(d) For purposes of this section:

(1) “Hate crime” means any offense as described in Section 422.55 of the Penal Code.

(2) “Local law enforcement agency” means a city or county law enforcement agency with operational responsibilities for police services in the community in which a campus is located.

(3) “On or off campus” means the campus and any noncampus building or property as defined in Section 668.46 of Title 34 of the Code of Federal Regulations, as that section existed on May 15, 2014.

(4) “Part 1 violent crime” means willful homicide, forcible rape, robbery, or aggravated assault, as defined in the Uniform Crime Reporting Handbook of the Federal Bureau of Investigation.

(5) “Sexual assault” includes, but is not limited to, rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or the threat of any of these.

(e) The requirements of this section shall not constitute a waiver of, or exception to, any law providing for the confidentiality of information.

history: (History: Amended by Stats. 2021, Ch. 615, Sec. 75. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)

title: 3. POSTSECONDARY EDUCATION


text:
(a) The governing board of each community college district and the Trustees of the California State University shall, and the Regents of the University of California are requested to, do both of the following:

(1) In collaboration with campus-based and community-based recovery advocacy organizations, provide, as part of established campus orientations, educational and preventive information provided by the State Department of Public Health about opioid overdose and information about the use and location of fentanyl test strips and opioid overdose reversal medication to students at all campuses of their respective segments.

(2) Notify, by sending an email at the beginning of each academic semester or term, students of the presence and location of fentanyl test strips and opioid overdose reversal medication.

(b) The governing board of each community college district and the Trustees of the California State University shall, and the Regents of the University of California are requested to, require that each campus health center located on a campus within their respective segments do all of the following:

(1) Apply to use the statewide standing order issued by the State Public Health Officer to distribute dosages of a federally approved opioid overdose reversal medication, and to participate in the Naloxone Distribution Project administered by the State Department of Health Care Services.

(2) Upon approval for use of the statewide standing order and participation in the Naloxone Distribution Project, distribute a federally approved opioid overdose reversal medication obtained through the Naloxone Distribution Project in accordance with its terms and conditions.

(3) Stock fentanyl test strips in the campus health center and distribute the fentanyl test strips through the campus health center. Written instructions on how to properly use the fentanyl test strips shall be distributed together with the fentanyl test strips.

history: (History: Amended by Stats. 2024, Ch. 942, Sec. 1. (AB 1841) Effective January 1, 2025.)

title: 3. POSTSECONDARY EDUCATION


text:
(a) The governing board of each community college district and the Trustees of the California State University shall do all of the following:

(1) Notify students, by sending an email at the beginning of each academic semester or term, that each residential advisor and house manager, or the equivalent position, has received opioid overdose prevention and treatment training consistent with Naloxone Distribution Project terms and conditions.

(2) Require that each campus train all students who live on campus on the use of opioid overdose reversal medication during student orientation for each academic semester or term.

(3) Require that each campus health center located on a campus within their respective segments distribute, at the beginning of each academic semester or term, two doses of a federally approved opioid overdose reversal medication obtained through the Naloxone Distribution Project in accordance with its terms and conditions, to each university- or college-affiliated student housing facility and each university- or college-affiliated fraternity or sorority facility.

(4) Require each university- or college-affiliated student housing facility to maintain unexpired doses of the opioid overdose reversal medication in two different accessible locations in a lockable, emergency-breakable box and ensure that each residential advisor, or the equivalent position, and each resident are aware of the locations of the lockable, emergency-breakable boxes.

(5) Require each university- or college-affiliated fraternity or sorority facility to maintain unexpired doses of the opioid overdose reversal medication in an accessible location and ensure that each house manager, or the equivalent position, is aware of the location of the opioid overdose reversal medication.

(6) (A) Ensure that each residential advisor and each house manager, or the equivalent positions, receives opioid overdose prevention and treatment training consistent with Naloxone Distribution Project terms and conditions.

(B) The training required by subparagraph (A) shall include instruction that, at the beginning of each academic semester or term, each residential advisor and house manager, or the equivalent positions, shall inform students that they have training to use opioid overdose reversal medication and access to it in the event of an overdose.

(b) The institution’s primary concern in implementing paragraphs (4) and (5) of subdivision (a) shall be student safety. Disciplinary measures shall not be imposed for any violation of the institution’s student conduct policy regarding drug possession, use, or treatment that occurs at or near the time of the incident where the residential advisor or house manager, or the equivalent position, or resident administers a dose of a federally approved opioid overdose reversal medication obtained through the Naloxone Distribution Project in accordance with its terms and conditions.

history: (History: Added by Stats. 2024, Ch. 942, Sec. 2. (AB 1841) Effective January 1, 2025.)

title: 3. POSTSECONDARY EDUCATION


text:
(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.

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

title: 3. POSTSECONDARY EDUCATION


text:
(a) The governing board of each community college district and the Trustees of the California State University shall, and the Regents of the University of California are requested to, in collaboration with campus-based and community-based victim advocacy organizations, provide, as part of established campus orientations, educational and preventive information about sexual violence to students at all campuses of their respective segments. For a campus with an existing on-campus orientation program, this information shall be provided, in addition to the sexual harassment information required to be provided pursuant to subdivision (e) of Section 66281.5, during the regular orientation for incoming students.

(b) (1) Each campus of the California Community Colleges and the California State University shall post educational and preventive information on sexual violence and sexual harassment on its campus internet website.

(2) Each campus of an independent institution of higher education, a private postsecondary educational institution, and the University of California is requested to post educational and preventive information on sexual violence and sexual harassment on its campus internet website.

(c) The educational and preventive information provided pursuant to this section shall include, but not be limited to, all of the following:

(1) Common facts and myths about the causes of sexual violence and sexual harassment.

(2) What constitutes sexual violence and sexual harassment, including information on how to file internal administrative complaints with the institution of higher education and how to file criminal charges with local law enforcement officials.

(3) The availability of, and contact information for, campus and community resources for students who are victims of sexual violence and sexual harassment.

(4) Methods of encouraging peer support for victims and the imposition of sanctions on offenders.

(5) Information regarding campus, criminal, and civil consequences of committing acts of sexual violence and sexual harassment.

(d) (1) Beginning on September 1, 2024, and each year thereafter, the California Community Colleges, the California State University, independent institutions of higher education that receive state financial assistance, and private postsecondary educational institutions that receive state financial assistance shall, and the University of California is requested to, annually train its students on sexual violence and sexual harassment, and on or before September 1, 2026, and every two years thereafter, consider updating the annual training.

(2) Beginning on September 1, 2024, and each year thereafter, students attending the California Community Colleges shall complete their annual training within six months of the beginning of the academic year.

(3) The annual training for students established in paragraph (1) shall cover all of the following topics:

(A) Common facts and myths about the causes of sexual violence and sexual harassment.

(B) What constitutes sexual violence and sexual harassment, including information on how to file internal administrative complaints with the institution of higher education and how to file criminal charges with local law enforcement officials.

(C) The availability of, and contact information for, campus and community resources for students who are victims of sexual violence and sexual harassment.

(D) Methods of encouraging peer support for victims and the imposition of sanctions on offenders.

(E) Information regarding campus, criminal, and civil consequences of committing acts of sexual violence and sexual harassment.

(F) The contact information of a Title IX coordinator or a similar position.

(G) As referenced in subparagraph (B) of paragraph (6) of subdivision (b) of Section 66281.8, statistics on the prevalence of sexual harassment and sexual violence in the educational setting, and the differing rates at which students experience sexual harassment and sexual assault in the educational setting based on their race, sexual orientation, disability, gender, and gender identity.

(4) Beginning on September 1, 2026, the annual training for students established in paragraph (1) shall cover all of the following topics:

(A) How to recognize if a person is at risk of alcohol- and drug-facilitated sexual assault, including, but not limited to, common symptoms following alcohol and drug consumption and intoxication.

(B) Effective measures that can be taken to prevent involuntary alcohol and drug consumption and ways to respond to circumstances where a person may be involuntarily intoxicated and at risk for alcohol- and drug-facilitated sexual assault.

(C) As part of the topic covered pursuant to subparagraph (A) of paragraph (3), common facts and myths regarding alcohol- and drug-facilitated sexual assault.

(D) Information related to confidential support and care resources for situations that arise as a result of an act of sexual violence or sexual harassment, or both, including, but not limited to, contact information and the availability of confidential medical and transportation services, forensic examination sites, and, to the extent available, rape crisis centers on campus or within the surrounding community of the campus.

(e) This section does not prevent the California Community Colleges, the California State University, independent institutions of higher education, private postsecondary educational institutions, and the University of California from incorporating the training developed pursuant to subdivision (d) from being integrated into existing trainings as referenced in subdivision (a).

(f) A community college district may authorize students to self-certify that they have completed training developed pursuant to this section.

(g) As used in this section, the following terms have the following meanings:

(1) “Drugs” includes, but is not limited to, flunitrazepam, ketamine, and gamma hydroxybutyric acid, which is also known by other names, including, but not limited to, GHB, gamma hydroxyl butyrate, 4-hydroxybutyrate, 4-hydroxybutanoic acid, sodium oxybate, and sodium oxybutyrate.

(2) “Independent institutions of higher education” has the same meaning as that term is defined in Section 66010.

(3) “Private postsecondary educational institution” has the same meaning as that term is defined in Section 94858.

(4) “Sexual violence” and “sexual harassment” have the same meaning as those terms are defined in Section 66262.5.

(5) “Training” or “train” includes, but is not limited to, in-person, remote, or video instruction. “Training” or “train” shall not include instruction that is only provided through written materials.

(h) Campuses of the California Community Colleges and the California State University shall, and campuses of the University of California are requested to, develop policies to encourage students to report any campus crimes involving sexual violence to the appropriate campus authorities.

(i) Campuses are urged to adopt policies to eliminate barriers for victims who come forward to report sexual assaults, and to advise students regarding these policies. These policies may include, but are not limited to, exempting the victim from campus sanctions for being in violation of any campus policies, including alcohol or substance abuse policies or other policies of the campus, at the time of the incident.

(j) The Board of Governors of the California Community Colleges and the Trustees of the California State University shall, and the Regents of the University of California are requested to, develop and adopt regulations setting forth procedures for the implementation of this section by campuses in their respective segments.

history: (History: Amended by Stats. 2024, Ch. 110, Sec. 1. (AB 2608) Effective January 1, 2025.)

title: 3. POSTSECONDARY EDUCATION


text:
(a) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall adopt a policy concerning sexual assault, domestic violence, dating violence, and stalking, as defined in the federal Higher Education Act of 1965 (20 U.S.C. Sec. 1092(f)), involving a student, both on and off campus. The policy shall include all of the following:

(1) An affirmative consent standard in the determination of whether consent was given by both parties to sexual activity. “Affirmative consent” means affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that the person has the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.

(2) A policy that, in the evaluation of complaints in any disciplinary process, it shall not be a valid excuse to alleged lack of affirmative consent that the accused believed that the complainant consented to the sexual activity under either of the following circumstances:

(A) The accused’s belief in affirmative consent arose from the intoxication or recklessness of the accused.

(B) The accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain whether the complainant affirmatively consented.

(3) A policy that the standard used in determining whether the elements of the complaint against the accused have been demonstrated is the preponderance of the evidence.

(4) A policy that, in the evaluation of complaints in the disciplinary process, it shall not be a valid excuse that the accused believed that the complainant affirmatively consented to the sexual activity if the accused knew or reasonably should have known that the complainant was unable to consent to the sexual activity under any of the following circumstances:

(A) The complainant was asleep or unconscious.

(B) The complainant was incapacitated due to the influence of drugs, alcohol, or medication, so that the complainant could not understand the fact, nature, or extent of the sexual activity.

(C) The complainant was unable to communicate due to a mental or physical condition.

(b) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall adopt detailed and victim-centered policies and protocols regarding sexual assault, domestic violence, dating violence, and stalking involving a student that comport with best practices and current professional standards. At a minimum, the policies and protocols shall cover all of the following:

(1) A policy statement on how the institution will provide appropriate protections for the privacy of individuals involved, including confidentiality.

(2) Initial response by the institution’s personnel to a report of an incident, including requirements specific to assisting the victim, providing information in writing about the importance of preserving evidence, and the identification and location of witnesses.

(3) Response to stranger and nonstranger sexual assault.

(4) The preliminary victim interview, including the development of a victim interview protocol, and a comprehensive followup victim interview, as appropriate.

(5) Contacting and interviewing the accused.

(6) Seeking the identification and location of witnesses.

(7) Providing written notification to the victim about the availability of, and contact information for, on- and off-campus resources and services, and coordination with law enforcement, as appropriate.

(8) Participation of victim advocates and other supporting people.

(9) Investigating allegations that alcohol or drugs were involved in the incident.

(10) Providing that an individual who participates as a complainant or witness in an investigation of sexual assault, domestic violence, dating violence, or stalking will not be subject to disciplinary sanctions for a violation of the institution’s student conduct policy at or near the time of the incident, unless the institution determines that the violation was egregious, including, but not limited to, an action that places the health or safety of any other person at risk or involves plagiarism, cheating, or academic dishonesty.

(11) The role of the institutional staff supervision.

(12) A comprehensive, trauma-informed training program for campus officials involved in investigating and adjudicating sexual assault, domestic violence, dating violence, and stalking cases.

(13) Procedures for confidential reporting by victims and third parties.

(c) (1) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall, to the extent feasible, enter into memoranda of understanding, agreements, or collaborative partnerships with existing on-campus and community-based organizations, including rape crisis centers and domestic violence centers, to refer students for assistance or make services available to students, including counseling, health, mental health, victim advocacy, and legal assistance, and including resources for the accused.

(2) In order to receive state funds for student financial assistance, the Trustees of the California State University and the Regents of the University of California shall, to the extent feasible, ensure that when a student who experiences sexual violence seeks support services from a campus advocate or community-based organization pursuant to a memorandum of understanding, agreement, or collaborative partnership described in paragraph (1), all of the following occurs:

(A) The student receives information about the student’s options and rights to obtain a sexual assault forensic medical examination.

(B) If the student is eligible to obtain a sexual assault forensic medical examination, the student receives information about the student’s right to be accompanied to the examination by a certified sexual assault counselor or support person of the student’s choosing, or both a certified sexual assault counselor and a support person of the student’s choosing.

(C) If the student is eligible to obtain a sexual assault forensic medical examination, the student receives information about how to access transportation to an examination site, including transportation options that can be provided by or arranged by the campus.

(3) (A) Commencing with the 2025–26 school year, the Trustees of the California State University and the Regents of the University of California shall, to the extent practicable and necessary, provide to students who request and are eligible to obtain a sexual assault forensic medical examination, transportation to and from a SAFE or SART exam center for a qualified health care provider to administer a sexual assault forensic medical evidence kit. All of the following shall apply to the provision of transportation services, to the extent practicable:

(i) Transportation shall be provided without charge and in a manner that protects student safety and confidentiality.

(ii) Transportation may include, but is not limited to, transportation by any of the following, if the student agrees to the transportation:

(I) A staff member of a SAFE exam center, SART exam center, rape crisis center, or community-based organization that is under a contract, memorandum of understanding, agreement, or collaborative partnership described in paragraph (1).

(II) The campus.

(III) Ride share services. If offering ride share services, campuses shall prioritize the use of ride share platforms that support the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191).

(IV) Law enforcement. This subclause does not require a student to accept transportation by law enforcement. Campuses shall establish at least one option for transportation that is not in a law enforcement vehicle.

(B) In order to receive state funds for student financial assistance, on or before June 30, 2026, and biennially thereafter, the Trustees of the California State University and the Regents of the University of California shall submit a report to the Legislature, pursuant to Section 9795 of the Government Code, on whether their respective institutions have provided transportation to students pursuant to subparagraph (A) and the manner in which students received the transportation to a local SAFE or SART exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit.

(C) For purposes of this subdivision, the following definitions apply:

(i) “SAFE” means a Sexual Assault Forensic Examination.

(ii) “SART” means a Sexual Abuse Response Team.

(d) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall implement comprehensive prevention and outreach programs addressing sexual violence, domestic violence, dating violence, and stalking. A comprehensive prevention program shall include a range of prevention strategies, including, but not limited to, empowerment programming for victim prevention, awareness raising campaigns, primary prevention, bystander intervention, and risk reduction. Outreach programs shall be provided to make students aware of the institution’s policy on sexual assault, domestic violence, dating violence, and stalking. At a minimum, an outreach program shall include a process for contacting and informing the student body, campus organizations, athletic programs, and student groups about the institution’s overall sexual assault policy, the practical implications of an affirmative consent standard, and the rights and responsibilities of students under the policy.

(e) Outreach programming shall be included as part of every incoming student’s orientation.

(1) For purposes of this section, “outreach programming” includes, but is not necessarily limited to, informing students about all of the following:

(A) The warning signs of intimate partner and dating violence.

(B) Campus policies and resources relating to intimate partner and dating violence.

(C) Off-campus resources and centers relating to intimate partner and dating violence.

(D) A focus on prevention and bystander intervention training as it relates to intimate partner and dating violence.

(2) For purposes of this subdivision, informing students about “intimate partner and dating violence” includes, but is not necessarily limited to, providing information about violence that occurs between individuals with a current or previous intimate or dating relationship.

(3) For purposes of this subdivision, “incoming students” includes, but is not necessarily limited to, graduate, transfer, and international students, with a special consideration of their different needs, interactions, and engagements with their campuses.

history: (History: Amended by Stats. 2023, Ch. 564, Sec. 1. (AB 1138) Effective January 1, 2024.)

title: 3. POSTSECONDARY EDUCATION


text:
The Legislature hereby finds and declares all of the following:

(a) College students are more vulnerable to rape than any other age group.

(b) The majority of reported victims and offenders of rape are of college age.

(c) At most colleges and universities today, few students, faculty, or staff are alerted to crucial information about sexual assaults, especially acquaintance rape. Many people have misconceptions about these crimes that enhance their vulnerability to victimization.

(d) Colleges should implement a variety of effective educational programs to inform all students and other college personnel about sexual assaults on campus. These programs should be implemented to disseminate factual information about sexual assault, promote open discussion, encourage reporting, and provide information about prevention to faculty, staff, and both male and female students.

(e) Colleges need to emphasize to students the seriousness of the offenses of rape and sexual assault.

(f) Students need critical factual information about the prevalence of stranger and acquaintance rape, how and where it happens, its impact, and the relationship between alcohol and drug use and sexual assaults.

(g) It is not sufficient to develop policies, brochures, and other informational materials; once these materials are developed they must be distributed in a way that emphasizes their importance and stimulates the interest of students.

(h) Fraternities, sororities, and other student organizations operating on campus should undergo rape-awareness training each year before they are permitted to hold any events.

(i) Residence life student staff and all students living in campus recognized housing should receive acquaintance rape training every semester.

(j) Comprehensive information about acquaintance rape and other kinds of sexual assaults should be provided at all new student orientation programs and at any campus program that students are required to attend.

(k) Colleges should provide special sexual assault seminars for all athletic coaches and administrators and members of athletic teams. These seminars should take place during a student athlete orientation program or prior to the first team meeting. Seminars should use the campus media, newspapers, radio, and television to heighten awareness of campus violence and its prevention.

(l) To provide appropriate information and counseling to sexual assault victims, all college student services professional staff members or student affairs professional staff members and campus police should participate in annual sexual assault education seminars.

history: (History: Added by Stats. 1991, Ch. 1068, Sec. 1.)

title: 3. POSTSECONDARY EDUCATION

path: 3. POSTSECONDARY EDUCATION > 5. GENERAL PROVISIONS > 40. DONAHOE HIGHER EDUCATION ACT > 15.7. Rape and Sexual Assault Education Programs


text: 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, within existing resources, adopt and implement a rape and sexual assault education program for, and ensure maximum feasible participation of, students and student services professional staff members or student affairs professional staff members at each of their respective campuses or other facilities.

history: (History: Amended by Stats. 2022, Ch. 478, Sec. 13. (AB 1936) Effective January 1, 2023.)

title: 3. POSTSECONDARY EDUCATION

chapter: 15.7. Rape and Sexual Assault Education Programs


text: Notwithstanding any other provision of this chapter, this chapter shall not apply to the California Community Colleges unless and until the Legislature makes funds available to the California Community Colleges for the purposes of this chapter.

title: 3. POSTSECONDARY EDUCATION


text:
(a) In order to help campus community members quickly access relevant information and resources following a sexual assault, each campus of the California State University shall, and each campus of the University of California is requested to, develop and post on its internet website sexual assault informational guidance that is based on the content and presentation and model internet website template developed or updated pursuant to Section 67395.5.

(b) The sexual assault informational guidance required under subdivision (a) shall supplement other information related to sexual assault that is required to be provided to campus community members under state or federal laws, including pursuant to subdivision (e) of Section 66281.5, paragraph (4) of subdivision (b) of Section 66281.8, and Sections 67385, 67385.7, 67386, and 67391.

(c) A campus with existing content on its internet website that is similar to the sexual assault informational guidance required by this section shall update the existing content as necessary based on the content and presentation and model internet website template developed or updated pursuant to Section 67395.5.

history: (History: Added by Stats. 2022, Ch. 115, Sec. 1. (AB 1968) Effective January 1, 2023.)

title: 3. POSTSECONDARY EDUCATION

path: 3. POSTSECONDARY EDUCATION > 5. GENERAL PROVISIONS > 40. DONAHOE HIGHER EDUCATION ACT > 15.9. Uniform Informational Guidance for Survivors of Sexual Assault


text:
(a) For the purposes described in subdivision (a) of Section 67395, and to ensure that sexual assault informational guidance is uniform across the internet websites of all campuses of each of their respective segments, the Trustees of the California State University shall, and the Regents of the University of California are requested to, develop both of the following:

(1) Standards for the content and presentation of information and resources regarding the steps a campus community member who is a survivor of a sexual assault might immediately take following the sexual assault, including the options, timing parameters, and potential outcomes relating to each step.

(2) A model internet website template incorporating the standards developed under paragraph (1).

(b) The standards and model described in subdivision (a) shall be developed in collaboration with sexual assault survivor advocates and others who work with sexual assault survivors, such as counselors, health care service providers, Title IX offices, law enforcement officials, prosecutors, and civil attorneys, in a manner informed by relevant experts and bona fide and reliable sources of relevant information, including, but not limited to, information relating to state and federal laws, best practices for internet website design, and the internet web pages of campuses with existing relevant content, such as those developed by a Center for Advocacy, Resources and Education (CARE) office or another campus office.

(c) The content standards required pursuant to paragraph (1) of subdivision (a) may consist of general content guidance, specific language, or both, but shall address at least all of the following:

(1) Reporting the sexual assault to others who may provide emotional or other valuable help immediately following the sexual assault, such as advocates and counselors, health care service providers, and law enforcement agencies, and standards for a listing of the names, contact information, and services offered by each campus-based or community-based sexual assault resource.

(2) Receiving proper medical attention following the sexual assault, including forensic evidentiary exams and other medical testing options.

(3) Collecting and preserving evidence related to the sexual assault, including physical evidence and other types of evidence.

(d) The presentation standards required pursuant to paragraph (2) of subdivision (a) may include general guidance, prescriptive guidance, or both, related to the structure for organizing and presenting the content in a manner that ensures it prominently calls attention to the information and resources on the internet website and is not obscured by other related or unrelated content. The presentation standards may include, but are not limited to, any of the following:

(1) The location of the content on the internet website, including a requirement for an internet web page that is dedicated solely to information and resources related to the steps a survivor might take immediately following a sexual assault and a prominent link on the homepage of the campus’s internet website to that web page.

(2) Standards to ensure the manner of presenting the information is helpful to survivors who may view it following a traumatic sexual assault incident, including requirements for text and background formatting, the use of concise sentences, paragraphs, sections, and bullet lists when appropriate, and avoiding or limiting legal and highly technical terminology.

(3) Standards for accessibility and user interface, including the use of links to other internet web pages for the listing of survivor advocates and other resources, requirements related to readability on mobile devices or other electronic devices, and whether the information and resources are downloadable or searchable from the homepage of the campus’s internet website.

(e) The Trustees of the California State University shall, and the Regents of the University of California are requested to, post the standards and model internet website template developed pursuant to this section on their respective internet websites for use by campuses pursuant to Section 67395. The standards and model internet website template shall be reviewed annually and updated as necessary.

title: 3. POSTSECONDARY EDUCATION

chapter: 15.9. Uniform Informational Guidance for Survivors of Sexual Assault


text: The Trustees of the California State University shall, and the Regents of the University of California are requested to, implement this chapter from existing funds and resources.

title: 3. POSTSECONDARY EDUCATION


text: No provision of this part shall apply to the University of California except to the extent that the Regents of the University of California, by appropriate resolution, make that provision applicable.

history: (History: Added by Stats. 1991, Ch. 1198, Sec. 20.)

title: 3. POSTSECONDARY EDUCATION

path: 3. POSTSECONDARY EDUCATION > 5. GENERAL PROVISIONS > 40. DONAHOE HIGHER EDUCATION ACT > 16. Applicability to University of California


text: This part shall be known, and may be cited, as the Finish in Four and Through in Two program.

history: (History: Amended by Stats. 2024, Ch. 677, Sec. 2. (AB 1205) Effective January 1, 2025.)

part: 40.2. FINISH IN FOUR AND THROUGH IN TWO

title: 3. POSTSECONDARY EDUCATION

path: 3. POSTSECONDARY EDUCATION > 5. GENERAL PROVISIONS > 40.2. FINISH IN FOUR AND THROUGH IN TWO


text:
For purposes of this part, the following terms have the following meanings:

(a) “Academic year of the student’s first year of enrollment” means the first full academic year in which a person is a student at the California State University.

(b) “Campus” means a campus within the California State University system as set forth in Section 89001.

(c) “Transfer student” is a student who earned an associate degree for transfer from a California community college.

(d) “Trustees” means the Trustees of the California State University.

history: (History: Added by Stats. 2016, Ch. 436, Sec. 1. (SB 412) Effective January 1, 2017.)

title: 3. POSTSECONDARY EDUCATION


text: The California Promise was established to support California State University students in earning a baccalaureate degree within four academic years of the student’s first year of enrollment or, for transfer students, within two academic years of the student’s first year of enrollment to the campus and is hereby renamed and continued in existence as the Finish in Four and Through in Two program.

history: (History: Amended by Stats. 2024, Ch. 677, Sec. 3. (AB 1205) Effective January 1, 2025.)

title: 3. POSTSECONDARY EDUCATION


text:
The Legislature finds and declares all of the following:

(a) A more concerted, statewide effort to create pathways to four-year graduation is needed at the California State University. For the 2010 cohort of full-time, first-time students at the California State University, 19 percent graduated within four academic years. According to the Legislative Analyst’s Office, the most recent nationally comparable data shows that the California State University’s overall four-year graduation rate was 16 percent in 2011, below the national rate of 26 percent among similar public institutions.

(b) Impediments students face in graduating within four academic years include the inability to complete sufficient units per academic year or take courses that are part of their degree programs.

(c) New approaches are critical for the future of higher education in California. Efforts have been ongoing, though sporadic, to improve postsecondary educational institution enrollment and graduation. These efforts will need to be intensified and made more broadly systemic.

(d) Students who graduate within four academic years save tens of thousands of dollars. In addition to the direct costs of extended college and university enrollment, students miss out on earnings in the workforce while they remain in school.

(e) According to the Public Policy Institute of California, if bold measures are not taken, California will fall short of the state’s economic demand by 1.1 million college and university graduates by 2030. An increased demand for highly educated workers will outweigh the number of qualified applicants for available jobs, which will be exacerbated when scores of highly educated baby boomers retire. The share of workers with a baccalaureate degree will be 33 percent in 2030, below the 38 percent that will be needed.

(f) The impact of graduation rates from California State University campuses is felt not only throughout the state, but also the nation. One out of every 10 California employees is a California State University graduate, while one out of every 20 United States citizens with a college or university degree graduates from a campus of the California State University. These statistics emphasize the national importance of graduation rates at California State University campuses.

(g) It is the intent of the Legislature that the California State University system include the Finish in Four and Through in Two program as a component of the plan submitted to the Legislature and the Department of Finance to increase graduation rates at CSU campuses above those at other institutions and increase graduation rates for low-income students, first-generation students, and students from underrepresented minority groups as quickly as possible.

(h) The Finish in Four and Through in Two programs established at the California State University in accordance with this part should aim to reflect the demographics of their respective campuses and make the benefits provided available on an equitable basis considering the populations attending each campus.

history: (History: Amended by Stats. 2024, Ch. 677, Sec. 4. (AB 1205) Effective January 1, 2025.)

title: 3. POSTSECONDARY EDUCATION


text:
(a) The trustees shall develop and implement a Finish in Four and Through in Two program that complies with this part.

(b) Commencing with the 2017–18 academic year, a minimum of eight campuses shall have established a Finish in Four and Through in Two program by which the campus enters into a pledge with a qualifying student who is enrolled at the campus and who is not a transfer student to support the student in earning a baccalaureate degree within four academic years of the academic year of the student’s first year of enrollment.

(c) Commencing with the 2017–18 academic year, a minimum of 15 campuses shall have established a Finish in Four and Through in Two program by which the campus enters into a pledge with a qualifying transfer student to support the student in earning a baccalaureate degree within two academic years of the student’s first year of enrollment to the campus, as applicable.

(d) Commencing with the 2018–19 academic year, a minimum of 20 campuses shall have established a Finish in Four and Through in Two program by which the campus enters into a pledge with a qualifying transfer student to support the student in earning a baccalaureate degree within two academic years of the student’s first year of enrollment to the campus, as applicable.

(e) To be a qualifying entering student or transfer student at the California State University, a student shall comply with both of the following:

(1) Be a California resident for purposes of in-state tuition eligibility.

(2) Commit to completing at least 30 semester units, or the quarter equivalent, per academic year. Units completed by the student during a summer term may count towards the previous or following academic year as determined by the trustees.

(f) Each Finish in Four and Through in Two program shall be reviewed by a graduation initiative advisory committee of the campus or a committee with similar functions designated by the president of the campus.

(g) (1) A campus shall guarantee participation in the program to, at a minimum, any student who is any of the following:

(A) A low-income student. For purposes of this section, “low-income student” shall have the same meaning as specified in Section 89295.

(B) A student who has graduated from a high school located in a community that is underrepresented in college attendance.

(C) A student who is a first-generation college student.

(D) A transfer student.

(2) It is the intent of the Legislature that the Finish in Four and Through in Two program at each campus accommodate as many students into the program as feasible and in consideration of available funding.

(h) Support provided by a California State University campus to a student who participates in the Finish in Four and Through in Two program shall include, but not be limited to, both of the following:

(1) (A) Priority registration in coursework.

(B) For purposes of this paragraph, a student shall not receive priority registration in coursework under the program if the student qualifies for priority registration under another policy or program, as determined by the campus or the office of the Chancellor of the California State University.

(C) A graduation initiative advisory committee of the campus, or a committee with similar functions designated by the president of the campus, shall consider preexisting priority registration policies when implementing this section.

(2) Academic advisement that includes monitoring the student’s academic progress.

(i) (1) The trustees shall develop application criteria, administrative guidelines, and additional requirements, including how campuses will measure student success, for purposes of implementing and administering the Finish in Four and Through in Two program.

(2) As a condition of continued participation in a Finish in Four and Through in Two program, a student may be required to demonstrate both of the following:

(A) Completion of at least 30 semester units, or the quarter equivalent, in each prior academic year.

(B) Attainment of a grade point average in excess of a standard established by the campus.

(3) In implementing this part, the trustees shall take into consideration the report on graduation rates required pursuant to Item 6610-001-0001 of Section 2.00 of the Budget Act of 2016.

(j) The trustees shall submit recommendations to the appropriate policy and fiscal committees of the Legislature by March 15, 2017, regarding potential financial incentives that could benefit students who participate in the Finish in Four and Through in Two program.

(k) Each campus participating in the Finish in Four and Through in Two program shall take the following actions to promote the program:

(1) Share information about the program at new student orientation.

(2) Provide information about the program during the online course registration process.

(3) Provide information about the program through an annual email to all students.

(4) Post information about the program in an easily identifiable and accessible place on the campus internet website.

(5) Post information about the program at advising offices.

(l) (1) The trustees, on or before July 1, 2025, and annually thereafter, shall submit a report to the Legislature that includes all of the following information:

(A) The program participation rate, as a percentage and number of students per campus.

(B) Program participation demographics, including all of the following:

(i) Student race and ethnicity.

(ii) Whether the student is a federal Pell Grant recipient, as available.

(iii) Whether the student is a first-generation college student.

(iv) Whether the student entered as a first-time freshman or transfer student.

(C) The amount of student success funds received and used per campus.

(2) The report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.

(3) This subdivision shall become inoperative on January 1, 2034.

(m) A student who successfully completes an associate degree for transfer at a community college shall be guaranteed participation in the Finish in Four and Through in Two program at the California State University transfer campus, if established.

(n) The trustees shall make every effort to close the achievement gap and encourage broad participation in a Finish in Four and Through in Two program that reflects the demographic populations served by the campus.

history: (History: Amended by Stats. 2024, Ch. 677, Sec. 5. (AB 1205) Effective January 1, 2025.)

title: 3. POSTSECONDARY EDUCATION


text:
The Legislature finds and declares all of the following:

(a) Meeting the educational needs of student athletes should be a priority for intercollegiate athletic programs.

(b) California’s institutions of higher education that participate in Division I and Division II intercollegiate athletics collectively generate millions of dollars annually in media contracts, and this revenue would not exist without the efforts of student athletes.

(c) Student athletes generate large revenues for many athletic programs, spend approximately 40 hours per week participating in their respective sports, and suffer current and historically low graduation rates.

(d) Providing adequate health and safety protection for student athletes can help prevent serious injury and death.

(e) Current and former student athletes can be left to pay for medical expenses incurred from injuries suffered while participating in intercollegiate athletics.

(f) Institutions of higher education should provide their student athletes with the same due process protection afforded to students who do not participate in athletics.

(g) Athletic programs in this state are subject to federal gender equity requirements under Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.).

(h) An institution of higher education should not punish any student athlete for transferring to another institution of higher education.

(i) An institution of higher education should not use funds for purposes of this part that are dedicated for the benefit of the general student body.

history: (History: Added by Stats. 2012, Ch. 625, Sec. 1. (SB 1525) Effective January 1, 2013.)

part: 40.3. STUDENT ATHLETE BILL OF RIGHTS

title: 3. POSTSECONDARY EDUCATION

chapter: 1. Preamble

path: 3. POSTSECONDARY EDUCATION > 5. GENERAL PROVISIONS > 40.3. STUDENT ATHLETE BILL OF RIGHTS > 1. Preamble


text:
For purposes of this part:

(a) “Athletic association” means any organization that is responsible for governing intercollegiate athletic programs.

(b) “Athletic program” means an intercollegiate athletic program at any institution of higher education within the meaning of subdivision (d).

(c) “Graduation success rate” means the percentage of student athletes who graduate from an institution of higher education within six years of initial enrollment at that institution, excluding outgoing transfers in good academic standing with athletic eligibility remaining, and including incoming transfers. The rate is to be calculated by combining the rates of the four most recent classes that are available in the exact manner as the rate is calculated under National Collegiate Athletic Association rules.

(d) “Institution of higher education” means any campus of the University of California or the California State University, or any four-year private university located in California, that maintains an intercollegiate athletic program.

(e) “Media rights” means the rights to media coverage of intercollegiate athletics included in contracts that are entered into by intercollegiate athletic conferences and television networks and that generate monetary payments to individual institutions of higher education.

(f) “Office for Civil Rights” means the Office for Civil Rights within the United States Department of Education.

(g) “Student athlete” means any college student who participates in an intercollegiate athletic program of an institution of higher education, and includes student athletes who participate in basketball, football, and other intercollegiate sports.

history: (History: Amended by Stats. 2019, Ch. 382, Sec. 1. (AB 1573) Effective January 1, 2020.)

title: 3. POSTSECONDARY EDUCATION

chapter: 2. General Provisions

path: 3. POSTSECONDARY EDUCATION > 5. GENERAL PROVISIONS > 40.3. STUDENT ATHLETE BILL OF RIGHTS > 2. General Provisions


text:
(a) Commencing with the 2013–14 academic year, an athletic program shall comply with all of the following:

(1) (A) If an athletic program does not renew an athletic scholarship of a student athlete who suffers an incapacitating injury or illness resulting from the student athlete’s participation in the athletic program, and the institution of higher education’s medical staff determines that the student is medically ineligible to participate in intercollegiate athletics, the institution of higher education shall provide an equivalent scholarship that, combined with the total duration of any previous athletic scholarship or scholarships received by the student athlete, will be provided for a total of up to five academic years or until the student athlete completes their undergraduate degree, whichever period is shorter. Additional years may be provided at the discretion of the institution of higher education, and additional years may be required pursuant to state law.

(B) If a student athlete takes a temporary leave of absence from an institution of higher education, the duration of that leave of absence shall not count against the five-year limit on eligibility for an equivalent scholarship imposed by subparagraph (A).

(C) An athletic program shall provide an equivalent scholarship to a student athlete who was on an athletic scholarship and is in good standing, but has exhausted their athletic eligibility, for up to one year or until the student athlete completes their primary undergraduate degree, whichever is shorter, except that an athletic program with a graduation success rate that is above 60 percent, disaggregated by team, shall not be subject to the requirements of this subparagraph. Additional years may be provided at the discretion of the institution of higher education, and additional years may be required pursuant to state law.

(D) A student athlete whose athletic scholarship is not renewed for cause by an athletic program shall receive no benefits under this part, but may appeal this decision within the institution of higher education attended by the student or within the athletic conference or association of which that institution of higher education is a member, as appropriate.

(2) Each athletic program shall conduct a financial and life skills workshop for all of its first-year and third-year student athletes at the beginning of the academic year. This workshop shall include, but not be limited to, information concerning financial aid, debt management, and a recommended budget for full-scholarship and partial-scholarship student athletes living on or off campus during the academic year and the summer term based on the current academic year’s cost of attendance. The workshop shall also include information on time management skills necessary for success as a student athlete, and academic resources available on campus.

(3) An institution of higher education shall grant a student athlete the same rights as other students with regard to any and all matters related to possible adverse or disciplinary actions, including, but not necessarily limited to, actions involving athletically related financial aid.

(4) An athletic program shall respond within seven business days with an answer to a student athlete’s written request to transfer to another institution of higher education.

(b) This section shall not apply to an athletic program whose teams compete in Division III of the National Collegiate Athletic Association.

history: (History: Amended by Stats. 2023, Ch. 625, Sec. 1. (SB 661) Effective January 1, 2024.)

title: 3. POSTSECONDARY EDUCATION


text: An institution of higher education may establish a degree completion fund, in accordance with applicable rules and bylaws of the governing body of the institution and applicable rules and bylaws of any athletic association of which the institution is a member.

history: (History: Added by Stats. 2019, Ch. 382, Sec. 2. (AB 1573) Effective January 1, 2020.)

title: 3. POSTSECONDARY EDUCATION


text:
(a) (1) Unless a student athlete declines the payment of premiums, an athletic program shall be responsible for paying the premiums of each of its student athletes whose household has an income and asset level that does not exceed the level for Cal Grant A recipients set forth in Section 69432.7 for insurance covering claims resulting from their participation in the athletic program.

(2) An athletic program shall be responsible for paying the insurance deductible amount applicable to the claim of any student athlete who suffers an injury resulting from his or her participation in the athletic program and makes a claim relating to that injury.

(3) If a student athlete suffers an injury resulting from his or her participation in the athletic program that requires ongoing medical treatment, the athletic program shall provide, for a minimum of two years following the student athlete’s graduation or separation from the institution of higher education, one of the following:

(A) The necessary medical treatment.

(B) Health insurance that covers the injury and the resulting deductible amounts.

(4) This subdivision shall not apply to preexisting medical conditions that predate the student athlete’s participation in the athletic program.

(b) An athletic program shall adopt and implement guidelines to prevent, assess, and treat sports-related concussions and dehydration. In addition, an athletic program shall adopt and implement exercise and supervision guidelines for any student athlete identified with potentially life-threatening health conditions who participates in an athletic program.

(c) An institution of higher education that receives, as an average, less than ten million dollars ($10,000,000) in annual income derived from media rights for intercollegiate athletics shall not be subject to the requirements of this section.

(d) An institution of higher education to which this section applies shall rely exclusively on revenue derived from media rights for intercollegiate athletics to defray any costs accrued under this section.

title: 3. POSTSECONDARY EDUCATION


text:
(a) An institution of higher education shall prepare a notice detailing the following rights:

(1) A student athlete’s rights pursuant to Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.).

(2) A student athlete’s reporting rights pursuant to the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 U.S.C. Sec. 1092(f)).

(b) The notice developed pursuant to subdivision (a) shall identify the contact information through which a student athlete may file a complaint for a violation of any of the rights identified in the notice, including, but not necessarily limited to, contact information for all of the following:

(1) The Office for Civil Rights, as well as the appropriate Office for Civil Rights regional enforcement office.

(2) The Office for Civil Rights Title IX enforcement office.

(3) The enforcement office of the United States Department of Education for reporting violations of the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act.

(c) Every institution of higher education shall post, and keep posted in a conspicuous location in its athletic department that is frequented by student athletes where it is easily accessible and readable during campus business hours, including, but not necessarily limited to, athletic training facilities, the notice developed pursuant to subdivision (a).

(d) At the beginning of every academic year, the institution of higher education shall provide to every student athlete each of the following:

(1) A copy of the notice developed pursuant to subdivision (a).

(2) A current copy of the National Collegiate Athletic Association Concussion Diagnosis and Management of Sports-Related Concussion Best Practices.

(3) A copy of any written policies related to concussions or other sports medicine practices specific to the institution of higher education.

history: (History: Added by Stats. 2019, Ch. 382, Sec. 3. (AB 1573) Effective January 1, 2020.)

title: 3. POSTSECONDARY EDUCATION


text:
(a) An institution of higher education shall not intentionally retaliate against a student athlete for any of the following:

(1) Making or filing a complaint, in good faith, about a violation of student athlete rights granted under any applicable statute, regulation, or policy.

(2) Testifying or otherwise assisting in any investigation into violations of student athlete rights granted under any applicable statute, regulation, or policy.

(3) Opposing any practices that the student athlete, in good faith, believes are a violation of student athlete rights granted under any applicable statute, regulation, or policy.

(b) (1) For purposes of this section, “retaliation” includes, but is not necessarily limited to, each of the following:

(A) A reduction in or loss of any education benefits, including scholarships and stipends.

(B) A reduction in or loss of any meal benefits provided to a student athlete.

(C) A reduction in or loss of any housing benefits provided to a student athlete, including the relocation of a student athlete to different housing owned by the institution of higher education.

(2) For purposes of subparagraphs (A) to (C), inclusive, of paragraph (1), “retaliation” does not mean an action taken, in good faith, by an institution of higher education on the basis of conduct other than that described in subdivision (a).

(c) This section shall not be construed to restrict the authority of an institution of higher education to impose interim measures or, upon a finding of responsibility, permanent consequences on a student athlete who has been accused of sexual harassment or violence.

history: (History: Added by Stats. 2019, Ch. 382, Sec. 4. (AB 1573) Effective January 1, 2020.)

title: 3. POSTSECONDARY EDUCATION


text:
(a) (1) A postsecondary educational institution shall not uphold any rule, requirement, standard, or other limitation that prevents a student of that institution participating in intercollegiate athletics from earning compensation as a result of the use of the student’s name, image, likeness, or athletic reputation. Earning compensation from the use of a student’s name, image, likeness, or athletic reputation shall not affect the student’s scholarship eligibility.

(2) An athletic association, conference, or other group or organization with authority over intercollegiate athletics, including, but not limited to, the National Collegiate Athletic Association, shall not prevent a student of a postsecondary educational institution participating in intercollegiate athletics from earning compensation as a result of the use of the student’s name, image, likeness, or athletic reputation.

(3) An athletic association, conference, or other group or organization with authority over intercollegiate athletics, including, but not limited to, the National Collegiate Athletic Association, shall not prevent a postsecondary educational institution from participating in intercollegiate athletics as a result of the compensation of a student athlete for the use of the student’s name, image, likeness, or athletic reputation.

(b) A postsecondary educational institution, athletic association, conference, or other group or organization with authority over intercollegiate athletics shall not provide a prospective student athlete with compensation in relation to the athlete’s name, image, likeness, or athletic reputation.

(c) (1) A postsecondary educational institution, athletic association, conference, or other group or organization with authority over intercollegiate athletics shall not prevent a California student participating in intercollegiate athletics from obtaining professional representation in relation to contracts or legal matters, including, but not limited to, representation provided by athlete agents or legal representation provided by attorneys.

(2) Professional representation obtained by student athletes shall be from persons licensed by the state. Professional representation provided by athlete agents shall be by persons licensed pursuant to Chapter 2.5 (commencing with Section 18895) of Division 8 of the Business and Professions Code. Legal representation of student athletes shall be by attorneys licensed pursuant to Article 1 (commencing with Section 6000) of Chapter 4 of Division 3 of the Business and Professions Code.

(3) Athlete agents representing student athletes shall comply with the federal Sports Agent Responsibility and Trust Act, established in Chapter 104 (commencing with Section 7801) of Title 15 of the United States Code, in their relationships with student athletes.

(d) A scholarship from the postsecondary educational institution in which a student is enrolled that provides the student with the cost of attendance at that institution is not compensation for purposes of this section, and a scholarship shall not be revoked as a result of earning compensation or obtaining legal representation pursuant to this section.

(e) (1) A student athlete shall not enter into a contract providing compensation to the athlete for use of the athlete’s name, image, likeness, or athletic reputation if a provision of the contract is in conflict with a provision of the athlete’s team contract.

(2) A student athlete who enters into a contract providing compensation to the athlete for use of the athlete’s name, image, likeness, or athletic reputation shall disclose the contract to an official of the institution, to be designated by the institution.

(3) An institution asserting a conflict described in paragraph (1) shall disclose to the athlete or the athlete’s legal representation the relevant contractual provisions that are in conflict.

(f) A team contract of a postsecondary educational institution’s athletic program shall not prevent a student athlete from using the athlete’s name, image, likeness, or athletic reputation for a commercial purpose when the athlete is not engaged in official team activities. It is the intent of the Legislature that this prohibition shall apply only to contracts entered into, modified, or renewed on or after the enactment of this section.

(g) For purposes of this section, “postsecondary educational institution” means any campus of the University of California, the California State University, the California Community Colleges, an independent institution of higher education, as defined in Section 66010, or a private postsecondary educational institution, as defined in Section 94858.

(h) This section shall become operative on September 1, 2021.

history: (History: Amended by Stats. 2021, Ch. 159, Sec. 3. (SB 26) Effective August 31, 2021.)

title: 3. POSTSECONDARY EDUCATION


text: During the process to authorize a volunteer in an athletic department of a postsecondary educational institution, as defined in subdivision (g) of Section 67456, the postsecondary educational institution shall contact the current or former employer of the individual applying for volunteer authorization to determine if the applicant violated any employment policies.

history: (History: Added by Stats. 2024, Ch. 673, Sec. 3. (AB 810) Effective January 1, 2025.)

title: 3. POSTSECONDARY EDUCATION


text:
The California State University, any community college district, and the University of California may be reimbursed by the state for expenditures made for preliminary plans and working drawings for a capital outlay project, if all of the following conditions are met:

(a) The project was authorized in a budget act or other statute before the preliminary plans and working drawings were prepared.

(b) Funds for the reimbursement are appropriated by the Legislature.

(c) All other applicable procedures were followed by the California State University, the community college district, or the University of California in expending the funds. The advance of funds by the California State University, a community college district, or the University of California, for preliminary plans and working drawings, shall be made to promote early completion of a capital outlay project authorized by the Legislature.

history: (History: Amended by Stats. 1995, Ch. 758, Sec. 57. Effective January 1, 1996.)

part: 40.5. CAPITAL OUTLAY REQUIREMENTS

title: 3. POSTSECONDARY EDUCATION

path: 3. POSTSECONDARY EDUCATION > 5. GENERAL PROVISIONS > 40.5. CAPITAL OUTLAY REQUIREMENTS