Clery Act Compliance – ADDENDUM to Memo No. 13-2014(CC)

On Sunday, September 28, 2014, Governor Jerry Brown signed Senate Bill (“SB”) 967, which was mentioned in Legal Update Memo No. 13-2014(CC) dated September 15, 2014. The legislation requires all colleges and universities that receive state funding for student financial aid to apply an “affirmative consent” standard when determining whether a sexual assault occurred, and to implement comprehensive programs to prevent dating violence, domestic violence, sexual assault, and stalking. The affirmative consent standard is a shift from the traditional “no means no” to a “yes means yes” approach to determining consent in sexual encounters. Each community college district should adopt or modify policies and protocols to ensure compliance with the legislation.