67380. (a) The governing board of each community college district,
the Trustees of the California State University, the Board of
Directors of the Hastings College of the Law, the Regents of the
University of California, and the governing board of any
postsecondary 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 or 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) 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 subdivision (f) of
Section 6254 of the Government Code, in which case the information is
not required to be disclosed. Notwithstanding paragraph (2) of
subdivision (f) of Section 6254 of the Government Code, the name of a
victim of any crime defined by Section 261, 262, 264, 264.1, 273a,
273d, 273.5, 286, 288, 288a, 289, 422.6, 422.7, or 422.75 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.
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
subdivision (f) of Section 6254 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 the purposes of this section, posting
and distribution may be accomplished by including relevant safety
information in a student handbook or brochure that is made generally
available to students.
(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, transmit a report containing
a compilation of that information to the California Postsecondary
Education Commission no later than January 1 of each year, commencing
January 1, 1993. The commission shall make these reports available
to the Legislature and the general public on its Internet Web site.
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 Hastings College of the
Law, the Regents of the University of California, and the governing
board of any postsecondary 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 Department of
Fair Employment and Housing and the California Association of Human
Rights Organizations.
(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, "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,
disability, or political or religious beliefs of that person or
group.
(d) This section does not apply to the governing board of any
private postsecondary 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.
67381. (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, 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
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 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 entered into pursuant to this section shall
be in place and available for public viewing by July 1, 1999. Each
of the entities identified in subdivision (b) shall transmit a copy
of each written agreement it has entered into pursuant to this
section, and any other information it deems pertinent to its
implementation of this section, to the Legislative Analyst on or
before September 1, 1999.
(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) "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.
67382. (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, to evaluate
the accuracy of their 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)).
(2) The results of the annual audits described in paragraph (1)
shall be submitted to the respective chairs of the Assembly Higher
Education Committee and the Senate Education Committee.
(b) The California Postsecondary Education Commission shall
provide on its Internet Web site a link to the Internet Web site of
each California institution of higher education that includes on that
Web site the institution's criminal statistics information.
(c) 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.
67385. (a) The governing board of each community college district,
the Trustees of the California State University, the Board of
Directors of the Hastings College of the Law, and the Regents of the
University of California shall each adopt, and implement at each of
their respective campuses or other facilities, a written procedure or
protocols to ensure, to the fullest extent possible, that students,
faculty, and staff who are victims of sexual assault committed at or
upon the grounds of, or upon off-campus grounds or facilities
maintained by the institution, or upon grounds or facilities
maintained by affiliated student organizations, shall receive
treatment and information. If appropriate on-campus treatment
facilities are unavailable, the written procedure on protocols may
provide for referrals to local community treatment centers.
(b) The written procedures or protocols adopted pursuant to
subdivision (a) shall contain at least the following information:
(1) The college policy regarding sexual assault on campus.
(2) Personnel on campus who should be notified, and procedures for
notification, with the consent of the victim.
(3) Legal reporting requirements, and procedures for fulfilling
them.
(4) Services available to victims, and personnel responsible for
providing these services, such as the person assigned to transport
the victim to the hospital, to refer the victim to a counseling
center, and to notify the police, with the victim's concurrence.
(5) A description of campus resources available to victims, as
well as appropriate off-campus services.
(6) Procedures for ongoing case management, including procedures
for keeping the victim informed of the status of any student
disciplinary proceedings in connection with the sexual assault, and
the results of any disciplinary action or appeal, and helping the
victim deal with academic difficulties that may arise because of the
victimization and its impact.
(7) Procedures for guaranteeing confidentiality and appropriately
handling requests for information from the press, concerned students,
and parents.
(8) Each victim of sexual assault should receive information about
the existence of at least the following options: criminal
prosecutions, civil prosecutions, the disciplinary process through
the college, the availability of mediation, alternative housing
assignments, and academic assistance alternatives.
(c) Each segment of higher education shall implement this chapter
from existing funds and resources available to it.
(d) For the purposes of this section, "sexual assault" includes,
but is not limited to, rape, forced sodomy, forced oral copulation,
rape by a foreign object, sexual battery, or threat of sexual
assault.
67385.7. (a) (1) 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.
(2) Each campus of the California Community Colleges and the
California State University shall, and each campus of the University
of California is requested to, post sexual violence prevention and
education information on its campus Internet Web site.
(b) The educational and preventive information provided pursuant
to this section shall include, but not necessarily be limited to, all
of the following:
(1) Common facts and myths about the causes of sexual violence.
(2) Dating violence, rape, sexual assault, domestic violence, and
stalking crimes, 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.
(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.
(c) 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.
(d) 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 necessarily 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.
(e) 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.
67380. (a) The governing board of each community college district,
the Trustees of the California State University, the Board of
Directors of the Hastings College of the Law, the Regents of the
University of California, and the governing board of any
postsecondary 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 or 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) 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 subdivision (f) of
Section 6254 of the Government Code, in which case the information is
not required to be disclosed. Notwithstanding paragraph (2) of
subdivision (f) of Section 6254 of the Government Code, the name of a
victim of any crime defined by Section 261, 262, 264, 264.1, 273a,
273d, 273.5, 286, 288, 288a, 289, 422.6, 422.7, or 422.75 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.
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
subdivision (f) of Section 6254 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 the purposes of this section, posting
and distribution may be accomplished by including relevant safety
information in a student handbook or brochure that is made generally
available to students.
(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, transmit a report containing
a compilation of that information to the California Postsecondary
Education Commission no later than January 1 of each year, commencing
January 1, 1993. The commission shall make these reports available
to the Legislature and the general public on its Internet Web site.
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 Hastings College of the
Law, the Regents of the University of California, and the governing
board of any postsecondary 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 Department of
Fair Employment and Housing and the California Association of Human
Rights Organizations.
(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, "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,
disability, or political or religious beliefs of that person or
group.
(d) This section does not apply to the governing board of any
private postsecondary 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.
67381. (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, 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
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 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 entered into pursuant to this section shall
be in place and available for public viewing by July 1, 1999. Each
of the entities identified in subdivision (b) shall transmit a copy
of each written agreement it has entered into pursuant to this
section, and any other information it deems pertinent to its
implementation of this section, to the Legislative Analyst on or
before September 1, 1999.
(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) "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.
67382. (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, to evaluate
the accuracy of their 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)).
(2) The results of the annual audits described in paragraph (1)
shall be submitted to the respective chairs of the Assembly Higher
Education Committee and the Senate Education Committee.
(b) The California Postsecondary Education Commission shall
provide on its Internet Web site a link to the Internet Web site of
each California institution of higher education that includes on that
Web site the institution's criminal statistics information.
(c) 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.
67385. (a) The governing board of each community college district,
the Trustees of the California State University, the Board of
Directors of the Hastings College of the Law, and the Regents of the
University of California shall each adopt, and implement at each of
their respective campuses or other facilities, a written procedure or
protocols to ensure, to the fullest extent possible, that students,
faculty, and staff who are victims of sexual assault committed at or
upon the grounds of, or upon off-campus grounds or facilities
maintained by the institution, or upon grounds or facilities
maintained by affiliated student organizations, shall receive
treatment and information. If appropriate on-campus treatment
facilities are unavailable, the written procedure on protocols may
provide for referrals to local community treatment centers.
(b) The written procedures or protocols adopted pursuant to
subdivision (a) shall contain at least the following information:
(1) The college policy regarding sexual assault on campus.
(2) Personnel on campus who should be notified, and procedures for
notification, with the consent of the victim.
(3) Legal reporting requirements, and procedures for fulfilling
them.
(4) Services available to victims, and personnel responsible for
providing these services, such as the person assigned to transport
the victim to the hospital, to refer the victim to a counseling
center, and to notify the police, with the victim's concurrence.
(5) A description of campus resources available to victims, as
well as appropriate off-campus services.
(6) Procedures for ongoing case management, including procedures
for keeping the victim informed of the status of any student
disciplinary proceedings in connection with the sexual assault, and
the results of any disciplinary action or appeal, and helping the
victim deal with academic difficulties that may arise because of the
victimization and its impact.
(7) Procedures for guaranteeing confidentiality and appropriately
handling requests for information from the press, concerned students,
and parents.
(8) Each victim of sexual assault should receive information about
the existence of at least the following options: criminal
prosecutions, civil prosecutions, the disciplinary process through
the college, the availability of mediation, alternative housing
assignments, and academic assistance alternatives.
(c) Each segment of higher education shall implement this chapter
from existing funds and resources available to it.
(d) For the purposes of this section, "sexual assault" includes,
but is not limited to, rape, forced sodomy, forced oral copulation,
rape by a foreign object, sexual battery, or threat of sexual
assault.
67385.7. (a) (1) 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.
(2) Each campus of the California Community Colleges and the
California State University shall, and each campus of the University
of California is requested to, post sexual violence prevention and
education information on its campus Internet Web site.
(b) The educational and preventive information provided pursuant
to this section shall include, but not necessarily be limited to, all
of the following:
(1) Common facts and myths about the causes of sexual violence.
(2) Dating violence, rape, sexual assault, domestic violence, and
stalking crimes, 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.
(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.
(c) 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.
(d) 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 necessarily 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.
(e) 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.
67380. (a) The governing board of each community college district,
the Trustees of the California State University, the Board of
Directors of the Hastings College of the Law, the Regents of the
University of California, and the governing board of any
postsecondary 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 or 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) 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 subdivision (f) of
Section 6254 of the Government Code, in which case the information is
not required to be disclosed. Notwithstanding paragraph (2) of
subdivision (f) of Section 6254 of the Government Code, the name of a
victim of any crime defined by Section 261, 262, 264, 264.1, 273a,
273d, 273.5, 286, 288, 288a, 289, 422.6, 422.7, or 422.75 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.
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
subdivision (f) of Section 6254 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 the purposes of this section, posting
and distribution may be accomplished by including relevant safety
information in a student handbook or brochure that is made generally
available to students.
(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, transmit a report containing
a compilation of that information to the California Postsecondary
Education Commission no later than January 1 of each year, commencing
January 1, 1993. The commission shall make these reports available
to the Legislature and the general public on its Internet Web site.
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 Hastings College of the
Law, the Regents of the University of California, and the governing
board of any postsecondary 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 Department of
Fair Employment and Housing and the California Association of Human
Rights Organizations.
(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, "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,
disability, or political or religious beliefs of that person or
group.
(d) This section does not apply to the governing board of any
private postsecondary 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.
67381. (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, 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
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 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 entered into pursuant to this section shall
be in place and available for public viewing by July 1, 1999. Each
of the entities identified in subdivision (b) shall transmit a copy
of each written agreement it has entered into pursuant to this
section, and any other information it deems pertinent to its
implementation of this section, to the Legislative Analyst on or
before September 1, 1999.
(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) "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.
67382. (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, to evaluate
the accuracy of their 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)).
(2) The results of the annual audits described in paragraph (1)
shall be submitted to the respective chairs of the Assembly Higher
Education Committee and the Senate Education Committee.
(b) The California Postsecondary Education Commission shall
provide on its Internet Web site a link to the Internet Web site of
each California institution of higher education that includes on that
Web site the institution's criminal statistics information.
(c) 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.
67385. (a) The governing board of each community college district,
the Trustees of the California State University, the Board of
Directors of the Hastings College of the Law, and the Regents of the
University of California shall each adopt, and implement at each of
their respective campuses or other facilities, a written procedure or
protocols to ensure, to the fullest extent possible, that students,
faculty, and staff who are victims of sexual assault committed at or
upon the grounds of, or upon off-campus grounds or facilities
maintained by the institution, or upon grounds or facilities
maintained by affiliated student organizations, shall receive
treatment and information. If appropriate on-campus treatment
facilities are unavailable, the written procedure on protocols may
provide for referrals to local community treatment centers.
(b) The written procedures or protocols adopted pursuant to
subdivision (a) shall contain at least the following information:
(1) The college policy regarding sexual assault on campus.
(2) Personnel on campus who should be notified, and procedures for
notification, with the consent of the victim.
(3) Legal reporting requirements, and procedures for fulfilling
them.
(4) Services available to victims, and personnel responsible for
providing these services, such as the person assigned to transport
the victim to the hospital, to refer the victim to a counseling
center, and to notify the police, with the victim's concurrence.
(5) A description of campus resources available to victims, as
well as appropriate off-campus services.
(6) Procedures for ongoing case management, including procedures
for keeping the victim informed of the status of any student
disciplinary proceedings in connection with the sexual assault, and
the results of any disciplinary action or appeal, and helping the
victim deal with academic difficulties that may arise because of the
victimization and its impact.
(7) Procedures for guaranteeing confidentiality and appropriately
handling requests for information from the press, concerned students,
and parents.
(8) Each victim of sexual assault should receive information about
the existence of at least the following options: criminal
prosecutions, civil prosecutions, the disciplinary process through
the college, the availability of mediation, alternative housing
assignments, and academic assistance alternatives.
(c) Each segment of higher education shall implement this chapter
from existing funds and resources available to it.
(d) For the purposes of this section, "sexual assault" includes,
but is not limited to, rape, forced sodomy, forced oral copulation,
rape by a foreign object, sexual battery, or threat of sexual
assault.
67385.7. (a) (1) 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.
(2) Each campus of the California Community Colleges and the
California State University shall, and each campus of the University
of California is requested to, post sexual violence prevention and
education information on its campus Internet Web site.
(b) The educational and preventive information provided pursuant
to this section shall include, but not necessarily be limited to, all
of the following:
(1) Common facts and myths about the causes of sexual violence.
(2) Dating violence, rape, sexual assault, domestic violence, and
stalking crimes, 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.
(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.
(c) 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.
(d) 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 necessarily 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.
(e) 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.
