Law / United States / 
California
Campus sexual assault and domestic violence counselors: no disclosure of a victim’s identity without the victim’s specific permission
Cal. Education Code section 67385
In force.
A sensitive categories rule binding government bodies.
- Obligation class
- Consent, Prohibition
- Audit expectation
- none
What it requires
- If you are a community college district, the California State University, the college named in section 92200 or the University of California, adopt and implement written procedures or protocols for victims of sexual assault or domestic violence that include procedures for guaranteeing confidentiality and handling requests for information from the press, concerned students and parents (section 67385(a), (b)(7)).
- Ensure that a sexual assault or domestic violence counselor discloses the identity of a victim, or information that could reasonably be expected to reveal it, to the university or any other authority, including law enforcement, only with the victim’s specific permission, unless applicable state or federal law requires the disclosure (section 67385(f)(1)).
- Treat permission as specific only where it is limited to particular people, a particular circumstance or a particular purpose and to the counselor to whom it was given; it may be withdrawn, and general permission does not count (section 67385(g)(2)).
- 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 victim-response protocols and bars a counselor from disclosing a victim’s identity without specific permission. 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
Education Code section 67385(a) requires 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 and the Regents of the University of California each to adopt and implement at their campuses a written procedure or protocols to ensure, to the fullest extent possible, that students, faculty and staff who are victims of sexual assault or domestic violence receive treatment and information.
Under section 67385(b)(7), the procedure or protocols must contain procedures for guaranteeing confidentiality and appropriately handling requests for information from the press, concerned students and parents.
Section 67385(f)(1) requires a sexual assault or domestic violence counselor to obtain specific permission from the victim before disclosing the identity of the victim, or any information that could reasonably be expected to reveal it, to the university or any other authority, including law enforcement, unless applicable state or federal law requires the disclosure.
Under section 67385(g)(2), specific permission is limited to particular people, a particular circumstance or a particular purpose, is limited to the counselor to whom it was given, and may be withdrawn, and unlimited or general permission is not specific permission. Section 67385 was last amended by Statutes 2022, chapter 556 (AB 1467), effective .
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