California Assembly Bill (AB) 1968
Uniform Information Guidance for Survivors of Sexual Assault
Background
The stated purpose of California AB 1968 is to help campus community members quickly access relevant information and resources following a sexual assault. This bill also intends to ensure that sexual assault information guidance is uniform across the websites of all CSU campuses.
AB 1968 requires the CSU to develop standards for content and presentation of information and resources regarding the steps a campus community member who is a victim/survivor of a sexual assault might take
immediately following the sexual assault, including the options, timing parameters, and potential outcomes relating to each step; and a model website template incorporating the standards developed.
Each CSU campus is required to develop and post on its internet website sexual assault information guidance that is based on the content and presentation standards outlined in the model internet website template provided below.
Pursuant to AB1968:
- This sexual assault information guidance shall supplement other information related to sexual assault that is required to be provided to campus community members under state or federal laws.
- A campus with existing content on its website that is similar to the sexual assault information guidance required by AB1968 and the template below shall update the existing content as necessary based on the content and presentation and model internet website developed or updated by the CSU.
Systemwide Title IX convened a small workgroup comprised of the Systemwide Title IX Sr. Director, Sue McCarthy, Interim Systemwide Title IX Assistant Director, Sarah Clegg, Systemwide Director Student Wellness and Basic Needs, Carolyn O' Keefe and Campus Advocates, Mayra Romo (CSU Dominguez Hills), Mindy Kates (CSU Fresno) and Susan Pulido (CSU Sonoma). In our efforts to develop the template below, this workgroup met multiple times during the Fall 2022 semester, reviewed existing campus and community-based webpages and current best practices, updated key stakeholders and worked with our partners in web services. We appreciate the contributions of this entire team to this effort.
If you are in the midst of any kind of emergency, immediate harm or threat of harm CALL 9-1-1
You Are Not Alone
Sexual assault counselors (also called victim or survivor advocates) are confidential and available to assist victims/survivors of sexual assault.
Note: Communications with sexual assault counselors/advocates are protected by state law per California Evidence Code Section §§1035.
Sexual assault counselors/advocates can assist by providing the following:
- Confidential, non-judgmental support
- Information about rights and options to help someone make an informed decision
- Help with reporting sexual assault to law enforcement which includes in-person accompaniments to the police station (the same support is also available for those that report sexual misconduct to the Title IX office)
- Information and accompaniments to sexual assault forensic exams (SAFE's) and other medical options
Sexual assault counselors/advocates are available on campus and at community-based sexual assault/rape crisis centers.
Note: If a campus-based sexual assault counselor/advocate cannot be reached, you may contact a community-based sexual assault/rape crisis center for immediate assistance. Community-based sexual assault counselors/advocates are available 24 hours a day, 7 days a week, by calling a hotline.
CSU [Insert Campus Name] Sexual Assault Counselors/Advocates
Department/Organization | [Department Name] | [Department Name] |
|
Contact Information | Phone: (XXX) XXX-XXXX
Email: [XXXX] | 24-Hour Hotline: (XXX) XXX-XXXX
Phone: (XXX) XXX-XXXX |
|
Location | [Address] | [Address] |
|
Hours | Monday-Friday
9:00 a.m. - 7:00 p.m. | Monday-Sunday
24 hours a day |
|
Website | [link] | [link] |
Services
| - Support and accompaniments throughout all stages of law enforcement and/or campus' investigation and discipline proceedings
- Support and accompaniments to sexual assault forensic examinations and other medical care
- Support and accompaniments to legal appointments, court hearing, and including assistance with obtaining restraining orders.
- Assistance with seeking reasonable and available academic, workplace, housing, and administrative relief.
- Crisis intervention counseling and ongoing emotional support
- Information about options, victim/survivor rights, and other appropriate resources
- Safety planning
- Support groups (optional)
- [xxxx]
| - Crisis intervention
- 24/7 hotline staffed by sexual assault counselors/advocates
- Individual mental health counseling
- Group counseling/support groups
- 24-hour advocacy and accompaniments to hospitals, law enforcement agencies, and court proceedings
- Information and referrals
- Community education programs
- [XXX]
|
National Sexual Assault Hotline
Hotline staff are available 24 hours a day, 7 days a week via a national sexual assault hotline. Hotline staff can be contacted via phone at (800) 656-4673, or online chat at their website,www.rainn.org.
- Please note - when calling the hotline your call will be directed to a local provider based on the area code of the phone number you are calling from. If you are geographically located in an area different than the area code of the phone number you are calling from, hotline staff can still offer you support but may not have information regarding resources in your location. If this is your situation, please call the 24/7 hotline at the sexual assault/rape crisis center nearest you.
Additional Options for Support: Additional resources for support are available and include but are not limited to, mental health counseling and psychological services on-campus or community-based, your campus Title IX office, and the CSU's employee assistance program (EAP) are also available.
A law enforcement officer can take a report, help access confidential support, and provide access to medical care after a sexual assault. Police departments are available for response 24/7.
Sexual assaults can be reported at any time (immediately following, days or years after the incident). Statutes of limitations vary, depending on the type of crime/sexual assault and by state. The evidence available, investigations and treatment options may also be impacted by the length of time that has passed since the assault. A sexual assault counselor/advocate or law enforcement can provide you with specific information related to these factors.
Deciding to report a sexual assault to law enforcement is a very private a personal decision. It’s ok to report to police, not report, or not knowing if one wants to report. A sexual assault counselor/advocate can provide all information about reporting options so the victim/survivor can make an informed decision.
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Coverage Area | Incidents that occurred on-campus | Incidents that occurred in community surrounding campus |
Contact Information | Phone emergency: 9-1-1 (XXX) XXX-XXXX | Phone emergency: 9-1-1 (XXX) XXX-XXXX |
Location | [Address] | [Address] |
Hours of Operation | Monday-Sunday 24 hours a day | Monday-Sunday 24 hours a day |
Website | [link] | [link] |
More information about reporting sexual assault to law enforcement:
https://www.rainn.org/articles/reporting-law-enforcement
https://www.rainn.org/articles/communicating-law-enforcement
Sexual Assault Forensic Exam (SAFE)
(also known as “rape kits")
A sexual assault forensic exam (SAFE) could be used to collect DNA evidence if the assault occurred within 120 hours. Specialized sexual assault nurse examiners collect samples from a victim/survivor that may contain DNA evidence to help a potential prosecution.
A victim/survivor has the right to have a support person with them and can say no to any part of the exam.
If a person decides they want a SAFE, the sexual assault counselor/advocate can provide more detailed information and help coordinate response with police and the SAFE nurse.
There are two types of exams: a VAWA exam and evidentiary exam
Report Requirement | Does not require police report. | Requires police report |
Who Helps Access Exam | This option is available through your campus sexual assault counselor/advocate as well as your local sexual assault/rape crisis center. | A police officer will schedule the exam. |
Who Are Exams For | These exams may be appropriate for those that are not ready to speak to and involve law enforcement. Evidence from VAWA exams in California must be preserved for two years in the event that a victim/survivor does want to engage with law enforcement. | These exams are appropriate for those that would like immediate law enforcement involvement. Evidentiary exams are intended to collect forensic evidence for use in criminal prosecution. An evidentiary exam is an option available by filing a report with law enforcement. |
Level of Police Involvement | Police officers will not take a report and should not engage with the victim/survivor. However, the police department will collect the evidence kit and store it until (and if) the victim/survivor decides to file a police report/criminal charge.
| Police officers may: - Take a police report by interviewing the victim/survivor and possibly any friends/witnesses
- Coordinate and schedule the SAFE
- Provide transportation to the SAFE location
- Contact a sexual assault counselor/advocate to provide emotional support during the process
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Note about at-home rape kits: Although well-intentioned, evidence from at home “rape kits" may not be admissible for evidence.
Preserving clothing with potential DNA evidence:
Necessary evidence could be present in the clothes someone wore during the assault — this evidence can be preserved by being stored in paper bags (mold grows in plastic bags.) If the person decides to file a police report or obtain a sexual assault forensic exam (SAFE), the clothes can be provided to them for evidence collection.
More information about sexual assault forensic exams:
https://www.rainn.org/articles/rape-kit
Other Evidence
A sexual assault forensic exam is one way to preserve evidence, but it's not the only way. Here is a list of other evidence that can be preserved:
- Video – from door cameras, surveillance cameras, social media posts, etc.
- Names of people that may have information such as:
- Eyewitnesses – people who saw behavior or level of intoxication before the assault or witnessed the assault
- Outcry witnesses – people you told about what happened
- Any messages or communication with the perpetrator, including voicemails, texts, email and social media messaging (taking screenshots can be helpful)
- Information/documentation about or photos of injuries
- Receipts – showing where you were or what you were doing
It's ok if someone does not wish to file a police report or get a sexual assault forensic exam. That said, depending on the nature of the assault, it may still be important to obtain medical care to address potential injuries, exposure to sexually transmitted infections (STI's), or if there may be a risk of pregnancy.
A sexual assault counselor/advocate can help explore and address issues such as resources to help pay for medical care and confidentiality
Note: Emergency contraceptives are also available at local pharmacies without prescription.
Options for Medical Care
|
Sexual Assault Forensic Exam Location: Confidential
Contact Information: Local sexual assault/rape crisis center and/or law enforcement agency
Hours of operation: 24 hours a day, 7 days a week
Notes: See above “Collecting Evidence" for more information |
CSUXX Student Health Center Location: [XXX]
Contact Information: [XXX]
Hours of Operation: [XXX]
Website: [XXX] |
Local Emergency Room Location: [XXX]
Contact Information: [XXX]
Hours of Operation: [XXX]
Website: [XXX] |
Planned Parenthood Location: [XXX]
Contact Information: [XXX]
Hours of Operation: [XXX]
Website: [XXX] |
Note: Per California Penal Code §§11160, all medical providers in California are required to notify law enforcement when they are treating an injury caused by “abusive or assaultive" behavior. This means that a healthcare provider may need to make a police report if their patient discloses that the injury they are seeking treatment for was caused by abuse or assault. The victim/survivor, however, has the right to not speak to law enforcement or share additional information.
A sexual assault counselor/advocate can help someone navigate any potential report made by a medical provider. For example, if someone does not wish to report to law enforcement, the counselor/advocate can help say no to a police report without feeling intimated.