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, andbegin delete stalking,end deletebegin insert stalkingend insert 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 Clerybegin delete Actend deletebegin insert
Act,end insert 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.
This bill would require the Department of Justice, commencing July 1, 2017, 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.
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
6education in California that receive federal student aid. The audit
7shall do both of the following:
8(A) Evaluate the accuracy of the institutions’ statistics and the
9procedures used by the institutions to identify, gather, and track
10data for publishing, disseminating, and reporting accurate crime
11statistics in compliance with the requirements of the Jeanne Clery
12Disclosure of Campus Security Policy and Campus Crime Statistics
13Act (20 U.S.C.
Sec. 1092(f)(1) and (5)).
P3 1(B) Evaluate the institutions’ compliance with state law
2governing crime reporting and the development and
3implementation of policies and procedures pursuant to this chapter.
4(2) The results of the annual audits described in paragraph (1)
5shall be submitted to the respective chairs of the Assembly
6
Committee on Higher Education and the Senate Committee on
7Education.
8(b) The Legislature finds and declares that institutions of higher
9education that are subject to the Jeanne Clery Disclosure of Campus
10Security Policy and Campus Crime Statistics Act (20 U.S.C. Sec.
111092(f)(1) and (5)) should establish and publicize a policy that
12allows victims or witnesses to report crimes to the campus police
13department or to a specified campus security authority, on a
14voluntary, confidential, or anonymous basis.
15(c) Commencing July 1, 2017, the Department of Justice shall
16
provide guidance to and develop model protocols for California’s
17public and private institutions of higher education, the office of
18the Chancellor of the California Community Colleges, the office
19of the Chancellor of the California State University, and the office
20of the President of the University of California regarding the
21requirements of this chapter.
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