Other Relevant Laws

The Clery Act

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the Clery Act) is a federal law and accompanying regulations that require colleges and universities to disclose certain timely and annual information about campus crime, and security and safety policies. Compliance with the Clery Act is a condition for colleges, like SMC, that participate in the federal student aid program, and is administered by the U.S. Department of Education's Federal Student Aid Office. As a part of its Clery program, SMC collects and publishes statistical information on crimes occurring on and around campus, as well as relevant crime and safety information.

 

SaVe Act

Campus Sexual Violence Elimination Act; an amendment to the Clery Act that requires higher education institutions to increase transparency about the scope of sexual violence on campus, guarantee victims enhanced rights, provide for standards in institutional conduct proceedings and provide campus community-wide prevention educational programming.

 

Violence Against Women Act (VAWA)

The federal Violence Against Women Act amendments and accompanying regulations (VAWA) clarify the duties of universities to investigate and respond to reports of sexual assault, stalking, and dating and domestic violence, and to publish policies and procedures related to the handling of these cases. Under VAWA, colleges also must provide training to the campus communities on sexual misconduct. Compliance with VAWA is a condition for colleges, like SMC, that participate in the federal student aid program, and is administered by the Department of Education's Federal Student Aid Office. New VAWA regulations were published by the U.S. Department of Education in October 2014 and became effective July 1, 2015. National Violence Against Women Hotline.

 

California's Yes means Yes, SB 967 Student safety: sexual assault

This California law requires an affirmative consent standard in the determination of whether consent was given by both parties to sexual activity. "Affirmative consent" means affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that he or she has the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.

 

AB 1088: Sexual Violence

Section 67385 of the Education Code requires that community college districts adopt and implement procedures to ensure prompt response to victims of sexual violence which occur on campus as well as providing them with information regarding treatment options and services. No community can be totally risk-free in today’s society. However, by working together, students, faculty, staff, and visitors can all help to create an atmosphere which is as safe and crime free by reporting criminal behavior to:

Santa Monica College Police: 911
Campus Police: 310-434-4300
Dean of Students: 310-434-4220
Psychological Services: 310-434-4503
Student Health Services: 310-434-4262
Title IX Coordinator: 310-434-4225

Any sexual violence or physical abuse, as defined by California law, whether committed by an employee, student, or member of the public, occurring on college-owned or controlled property, at college-sponsored or supervised functions, or related to or arising from college attendance or activity is a violation of District policies and regulations, and is subject to all applicable punishment, including criminal and/or civil prosecution and employee or student discipline procedures.

 

SB 1343: Sexual Harassment, Training, and Education

California state law SB 1343, which is part of the Fair Employment and Housing Act, first became effective September 30, 2018. This legislation mandates an employer who employs 5 or more employees, including temporary or seasonal employees, to provide at least 2 hours of sexual harassment training to all supervisory employees and at least one hour of sexual harassment training to all nonsupervisory employees by January 1, 2020, and once every 2 years thereafter, as specified. California employers will need to provide written harassment, discrimination, and retaliation prevention policies to all employees. This bill replaces AB1825.