AB 1654, as amended, Santiago. Student safety: crime reporting.
The federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) requires eligible institutions of higher education participating in federal student assistance financial grant programs or federal work study programs to collect and annually prepare, publish, and distribute to current students and employees, and to applicants for enrollment or employment upon request, an annual security report containing information with respect to the campus security policies and campus crime statistics of that institution. The federal act further requires that the institutions annually file statistics concerning the occurrence of crimes on campus or on noncampus buildings or property, with the United States Secretary of Education.
The federal Violence Against Women Reauthorization Act of 2013 requires each of these institutions to include in these reports a statement of policy regarding the institution’s programs to prevent domestic violence, dating violence, sexual assault, and stalking, and the procedures the institution will follow once an incident of domestic violence, dating violence, sexual assault, or stalking has been reported, as specified.
Existing law requires the State Auditor, every 3 years, to report the results of an audit of a sample of not less than 6 institutions of postsecondary education 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 Clery Act and to report the results of those audits to the respective chairs of the Assembly Committee on Higher Education and the Senate Committee on Education.
This bill would require the State Auditor to include in this audit an evaluation of the institutions’ compliance with state law governing crime reporting and the development and implementation of student safety policies and procedures.
Thisbegin delete bill would require the Department of Justice to provide guidance, commencing January 1, 2017, to California’s public and private institutions of higher education and systemwide offices
of public institutions of higher education regarding compliance with these federal laws. Theend delete bill wouldbegin delete alsoend delete require the Department ofbegin delete Justiceend deletebegin insert Justice, commencing July 1, 2017,end insert to provide guidance to and develop model protocols for California’s public and private institutions of higher education and systemwide offices of public institutions of higher education regarding student safety state laws.
Existing law requires the California Postsecondary Education Commission, which has been defunded in recent budget years, to 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.
end deleteThis bill would assign this responsibility to the Department of Justice.
end deleteVote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 67382 of the Education Code is amended
2to read:
(a) (1) On or before January 1, 2004, and every three
4years thereafter, the State Auditor shall report the results of an
5audit of a sample of not less than six institutions of postsecondary
P3 1education in California that receive federal student aid. The audit
2shall do both of the following:
3(A) Evaluate the accuracy of the institutions’ statistics and the
4procedures used by the institutions to identify, gather, and track
5data for publishing, disseminating, and reporting accurate crime
6statistics in compliance with the requirements of the Jeanne Clery
7Disclosure of Campus Security Policy and Campus Crime Statistics
8Act (20 U.S.C.
Sec.begin delete 1092 (f)(1)end deletebegin insert 1092(f)(1)end insert and (5)).
9(B) Evaluate the institutions’ compliance with state law
10governing crime reporting and the development and
11implementation of policies and procedures pursuant to this chapter.
12(2) The results of the annual audits described in paragraph (1)
13shall be submitted to the respective chairs of the Assembly
14
Committee on Higher Education and the Senate Committee on
15Education.
16(b) The Department of Justice shall provide on its Internet Web
17site a link to the Internet Web site of each California institution of
18higher education that includes on that Web site the institution’s
19criminal statistics information.
20(c)
end delete
21begin insert(b)end insert The Legislature finds and declares that institutions of higher
22education that are subject to the Jeanne Clery Disclosure of
Campus
23Security Policy and Campus Crime Statistics Act (20 U.S.C. Sec.
241092(f)(1) and (5)) should establish and publicize a policy that
25allows victims or witnesses to report crimes to the campus police
26department or to a specified campus security authority, on a
27voluntary, confidential, or anonymous basis.
28(d)
end delete
29begin insert(c)end insert Commencingbegin delete Januaryend deletebegin insert Julyend insert 1, 2017, the Department of Justice
30shallbegin delete do both of the following:end deletebegin insert
provide guidance to and develop
31model protocols for California’s public and private institutions of
32higher education, the office of the Chancellor of the California
33Community Colleges, the office of the Chancellor of the California
34State University, and the office of the President of the University
35of California regarding the requirements of this chapter.end insert
36(A) Provide
guidance to California’s public and private
37institutions of higher education, the office of the Chancellor of the
38California Community Colleges, the office of the Chancellor of
39the California State University, and the office of the President of
40the University of California regarding compliance with the Jeanne
P4 1Clery Disclosure of Campus Security Policy and Campus Crime
2Statistics Act (20 U.S.C. Sec. 1092(f)(1) and (5)) and the Violence
3Against Women Reauthorization Act of 2013 (20 U.S.C. Sec. 1092
4(f)(8)).
5(B) Provide guidance to and develop model protocols for
6California’s public and private institutions of higher education,
7the office of the Chancellor of the California Community Colleges,
8the office of the Chancellor of the California State University, and
9the office of the President of the University of California regarding
10the requirements of this
chapter.
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