![]() ![]() ![]() Under the law, an institution's policy governing its campus disciplinary process must use an affirmative consent standard – defined as an affirmative, conscious and voluntary agreement to engage in sexual activity – to determine whether a sexual assault complainant consented. SB 967 required California postsecondary institutions – in order to receive state funds for financial assistance – to adopt comprehensive, victim-centered policies and disciplinary procedures concerning sexual assault, domestic violence, dating violence, and stalking. The two laws, passed in 2015, create reporting requirements and standards for campus disciplinary procedures. The bulletin also gave enforcement guidance in the context of existing state and federal statutes, and encouraged increased collaboration between law enforcement and campus authorities. The bulletin summarized SB 967 (Senate pro Tempore Kevin de León, D-Los Angeles) and AB 1433 (Assemblyman Mike Gatto, D-Glendale), which are described below. In January 2015, the Attorney General's office issued an information bulletin to California law enforcement agencies, higher education administrators, and campus security personnel, providing enforcement guidance on new and amended sexual assault and campus safety laws. Seek confidential support from your campus or community resources.See a healthcare provider as soon as possible to receive a health exam and sexual assault evidence kit.Report the incident to campus or local police and/or campus personnel.Call 911 if you are in a life-threatening situation.All parties should receive a written copy of their agreement before they leave the session.Be absolutely sure that all parties sign the agreement.Keep in mind that the Memorandum of Agreement is a Settlement Agreement therefore, appropriate personnel will need to clearly understand the terms of the agreement in order to effectuate the contents of the agreement.Each party should be able to understand its responsibilities in terms of the agreement. You should read each item out loud and ask each party if the wording is accurate. ![]() Carefully review each item in terms of the agreement with both parties to ensure that each item is correct and appropriately captures each party’s intent. ![]()
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