AB 2608, codified as Education Code Section 67385.7, was signed by Gov. Newsom to address and prevent sexual assault and sexual harassment in California's higher education institutions. Among many of the requirements, the law requires California's higher education systems to post educational and preventive information on sexual violence and sexual harassment on its campus internet website which shall include common facts and myths about causes of sexual violence and harassment, how to file internal administrative complaints with the institution of higher education, how to file criminal charges with local law enforcement, availability and contact information for campus and community resources for students who are victims of sexual violence and harassment, methods for encouraging peer support for victims and the imposition of sanctions on offenders, and information regarding campus, civil, and criminal consequences of committing acts of sexual violence or harassment.
Beginning September 1, 2024, and each year thereafter, institutions of higher education are requested to annually train their students on sexual violence and sexual harassment. On or before September 1, 2026, institutions of higher education are requested to consider updating the annual training and continue to do so every two years thereafter, addressing the need for education materials to stay current. AB 2608 identifies what must be covered in the annual training for students starting in September of 2024. Beginning on September 1, 2026, the training will also include how to recognize if a person is at risk of alcohol and drug facilitated sexual assault, including common symptoms following alcohol and drug consumption and intoxication, as well as effective measures to be taken and ways to respond to circumstances where a person may be involuntarily intoxicated or at risk for alcohol and drug facilitated sexual assault.
Community college districts and universities should review their websites to make sure the required preventive content on sexual violation and sexual harassment is available to students. In addition, community college districts and universities should make sure students are receiving the annual training on sexual violence and sexual harassment, and review and update their training to include the new requirements described above, effective as of September 1, 2026.
If you have any questions regarding AB 2608 or would like assistance with reviewing and updating information and training on preventing sexual violation and sexual harassment, please contact our office. Parker & Covert LLP has offices located in southern and northern California. We invite you to visit our website at www.ParkerCovert.com.
This Parker & Covert LLP post is intended for informational purposes only and should not be relied upon as legal advice. Legal issues and principles apply differently, sometimes substantially, depending on context and facts. Review or receipt of this post does not create an attorney-client relationship.
