Law / United States / 
California
Campus crime records: victim identity withheld from released crime records and from reports disclosed to law enforcement
Cal. Education Code section 67380
In force.
A sensitive categories rule binding public and private bodies.
- Obligation class
- Prohibition, Disclosure
- Audit expectation
- none
What it requires
- If you are a community college district, the California State University, the University of California or another postsecondary institution receiving public funds for student financial assistance, do not disclose the name or any other personally identifying information of a victim of a crime defined by the Penal Code sections that section 67380(a)(3)(A) lists without the victim’s permission, or the permission of the victim’s parent or guardian if the victim is a minor (section 67380(a)(3)(A)).
- Disclose a victim’s or employee’s report of a Part 1 violent crime, sexual assault or hate crime to the local law enforcement agency immediately, or as soon as practicably possible, without identifying the victim, unless the victim consents to being identified after being informed of the right to have personally identifying information withheld (section 67380(a)(6)(A)).
- Where the victim does not consent, leave the alleged assailant unidentified in that disclosure, unless you determine that the alleged assailant represents a serious or ongoing threat to the safety of students, employees or the institution and that the immediate assistance of the local law enforcement agency is necessary to contact or detain the assailant, in which case disclose the identity and immediately inform the victim (section 67380(a)(6)(A)).
- The section reaches the University of California only to the extent that the Regents make it applicable by resolution (section 67400). It does not apply to a private institution with a full-time enrollment of less than 1,000 students, to a public campus with a full-time equivalent enrollment of 1,000 or fewer, or to the California Community Colleges until the Legislature makes funds available for its purposes (section 67380(d) to (f)).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
The provisions read here bar disclosing a victim’s identity and require a report to go to law enforcement. They name no access log, no retention period and no reader of a record of a disclosure.
- Kind
- None
- As of
What this law does
Section 67380(a) binds 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.
Section 67380(a)(3)(A) bars disclosing the name or any other personally identifying information of a victim of a crime defined by the Penal Code sections it lists without the permission of the victim, or the victim’s parent or guardian if the victim is a minor.
Section 67380(a)(6)(A) requires a report made by a victim or an employee under section 67383 of a Part 1 violent crime, sexual assault or hate crime to be disclosed to the local law enforcement agency immediately, or as soon as practicably possible, without identifying the victim unless the victim consents to being identified after being informed of the right to have the victim’s personally identifying information withheld.
If the victim does not consent, the alleged assailant is not identified in that disclosure unless the institution determines that the alleged assailant represents a serious or ongoing threat and that the immediate assistance of the local law enforcement agency is necessary to contact or detain the assailant. Section 67380(a)(6)(C) applies paragraph (6) only as a condition for participation in the Cal Grant Program.
Section 67380(d) exempts 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. Section 67380(e) applies the section to a campus of a public postsecondary system only if the campus has a full-time equivalent enrollment of more than 1,000 students.
Under section 67380(f), the section does not apply to the California Community Colleges unless and until the Legislature makes funds available to the California Community Colleges for its purposes. Section 67380 was last amended by Statutes 2022, chapter 478 (AB 1936), effective .
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