California Attorney General Rob Bonta issued an updated guidance letter to colleges, universities, and law enforcement agencies, reaffirming the state's protections against campus sexual assault and sexual harassment. The letter follows widespread public outcry and a national re-examination of campus safety procedures in the wake of the Jane Doe v. Cornell University litigation.
The guidance clarifies that California's protections against sexual violence remain in place regardless of changes to federal rules and highlights resources available to educational institutions for preventing, investigating, and responding to sexual misconduct.
Research cited in the guidance indicates that more than 20 percent of students will have experienced sexual assault by the time they complete four or more years of college. More than half of campus sexual assaults occur in the first months of the academic year, and most go unreported. LGBTQ+ students, low-income students, students with disabilities, and other underrepresented groups face an elevated risk.
The guidance explains that the Title IX Education Amendments of 1972 protect students against sexual harassment and discrimination, including sexual assault, and that California law independently requires campuses to adopt safety measures. Under state law, campuses must maintain policies and operational agreements with local law enforcement agencies on sexual assault, hate crimes, and violent crime. State law also prohibits discrimination on the basis of gender identity.
The California Department of Justice said colleges, universities, and local law enforcement share an obligation to report, investigate, and adjudicate reports of sexual violence, and that institutions are encouraged to consult with counsel to ensure their policies comply with state and federal law.