Law / United States /
California
Victim reports of violent crime, sexual assault and hate crime: forwarded to law enforcement without identifying the victim (Cal Grant condition)
Cal. Education Code section 67383
In force.
A sensitive categories rule binding public and private bodies.
- Obligation class
- Disclosure
- Audit expectation
- none
What it requires
- If you are a community college district, the California State University, the University of California or a private or independent postsecondary institution, on or before , adopt and implement written policies and procedures to ensure that a victim’s report of a Part 1 violent crime, sexual assault or hate crime, committed on or off campus, that a campus security authority receives is forwarded immediately, or as soon as practicably possible, to the appropriate law enforcement agency (section 67383(a)). The duty is a condition for participation in the Cal Grant Program.
- Forward the report 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 (section 67383(b)).
- Forward the report to the campus law enforcement agency if one has been established on the campus, and otherwise to a local law enforcement agency (section 67383(c)).
- The section reaches the University of California only to the extent that the Regents make it applicable by resolution (section 67400).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
The section requires written policies for forwarding victim reports without identifying the victim. It names no log, no record to be kept, no retention period and no reader of a record.
- Kind
- None
- As of
What this law does
Section 67383(a) requires, as a condition for participation in the Cal Grant Program, 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 each private and independent postsecondary institution to adopt and implement, on or before , written policies and procedures to ensure that a victim’s report of a Part 1 violent crime, sexual assault or hate crime received by a campus security authority is forwarded immediately, or as soon as practicably possible, to the appropriate law enforcement agency.
Section 67383(b) requires the report to be forwarded 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. Under section 67383(c), the appropriate law enforcement agency is the campus law enforcement agency if one has been established on the campus, and otherwise a local law enforcement agency.
Section 67383(e) provides that the requirements of the section do not constitute a waiver of, or exception to, any law providing for the confidentiality of information. Section 67383 was last amended by Statutes 2021, chapter 615 (AB 474), effective and operative .
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