California: “Yes Means Yes” Becomes Effecive July 1, 2015 #yesmeansyes


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Oagletree Deakins
6.29.15 | Sarah A. Williams (San Diego), Tracy A. Warren (San Diego)

On July 1, 2015, California colleges, universities, and postsecondary schools are required to bolster their compliance with new state laws regarding policies concerning sexual assault, domestic violence, dating violence, and stalking. This new law requires, among other things, that Cal Grant Fund higher education recipients enter into agreements with local law enforcement and report crime statistics.

The new California law requires that colleges, universities, and postsecondary institutions, including religious institutions, adopt detailed and victim-centered policies concerning sexual assault, domestic violence, dating violence, and stalking incidents against students that occur both on and off campus as a condition to receiving state funds.

Additionally, schools must adopt affirmative consent as the standard for disciplinary proceedings for sexual assault. This standard must be determined by a preponderance of the evidence. Cal. Ed. Code §§ 67385-67386.

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