Attorney General Bonta Issues Statewide Guidance on Title IX Protections Against Campus Sexual Assault: Existing State Law Mandates Higher Title IX Protections Than Federal[...]

Studies show that by the time students have completed four or more years in college, more than 20% of students will have experienced sexual assault

OAKLAND - California Attorney General Rob Bonta today issued an updated guidance letter to colleges and universities, local law enforcement agencies, and campus security personnel across California, reaffirming the state's protections against campus sexual assault and sexual harassment. This letter follows widespread public outcry and a national re-examination of campus safety procedures in the wake of severe institutional failures alleged in the Jane Doe v. Cornell University litigation. The Attorney General's letter clarifies that California's protections against sexual violence remain in place regardless of changes to federal rules, and highlights resources available to educational institutions so that they can effectively prevent, investigate, and respond to sexual misconduct, and provide every student with equal access to education.

"This is a moment of reckoning for how our society responds to sexual assault and for how campuses ensure a culture where accountability and dignity are the norm," said Attorney General Bonta. "For too long, survivors have been asked to bear the burden of speaking out while the institutions responsible for protecting them have fallen short. Every student deserves to learn in an environment where their safety is the top priority. My office will continue to support survivors, hold perpetrators of sexual violence accountable, and work with educational institutions to ensure that all students can safely access educational opportunities without fear of sexual assault."

Research indicates that more than 20% of students will have experienced sexual assault by the time they complete four or more years of college. More than half of campus sexual assaults occur in the first months of the academic year, and most go unreported. LGBTQ+ students, low-income students, students with disabilities, and other underrepresented groups face an elevated risk.

Today's guidance letter explains that the Title IX Education Amendments of 1972 (Title IX) protects students against sexual harassment and discrimination, including sexual assault, and that California law independently requires campuses to adopt safety measures. Under state law, campuses must maintain policies and operational agreements with local law enforcement agencies on sexual assault, hate crimes, and violent crime, and state law also prohibits discrimination on the basis of gender identity. Colleges, universities, and local law enforcement share an obligation to report, investigate, and adjudicate reports of sexual violence, and institutions are encouraged to consult with counsel to ensure their policies and practices comply with state and federal law.

The California Department of Justice (DOJ) remains committed to protecting students from sexual violence and supporting educational institutions in fulfilling their obligations under state and federal law. DOJ's campus sexual assault webpage offers extensive information on lawfully and effectively responding to incidents of sexual violence. DOJ's Victims' Services Unit offers resources for crime victims and law enforcement in multiple languages. Individuals who wish to report an incident should contact their local law enforcement agency.