Changes to Sexual and Interpersonal Misconduct Processes: Cal. Ed. Code 66262.5, et seq.
Jan. 21, 2022
Dear LMU Community,
We write to inform the LMU community about a recent California law that mandates certain changes to sexual and interpersonal misconduct processes at California colleges and universities beginning Jan. 1, 2022.
California Education Code 66262.5, et seq., pertains to all incidents of sexual or interpersonal misconduct that would be adjudicated under university policies, including the Discriminatory Harassment and Complaint Process policy. While the law is generally consistent with the federal Title IX regulations, Cal. Ed. Code 66262.5 requires specific updates, which have been implemented in our policies. They include:
- Definitional updates, including the addition of “sexual battery”;
- Limitations on LMU’s use of no-contact orders that restrict a complainant’s contact with a respondent;
- A requirement that all faculty and staff be designated as responsible employees with a few exceptions for staff acting in certain professional capacities (i.e., therapists, priests). For more information about confidential resources, please visit LMU CARES’ website;
- A requirement that all Confidential Resources inform a person who discloses an incident of prohibited conduct of their right to report to Department of Public Safety and/or Title IX, and how to do so;
- A statement that the university will update parties periodically on the status of their investigation/case;
- A requirement that departments notify volunteers and contractors who regularly interact with students of the SIM Policy; and
- Yearly training for all faculty and staff.
As a result of the recent change of law, Human Resources implemented changes to proceedings related to allegations of sexual and interpersonal misconduct. These changes apply to all reports of non-Title IX sexual and interpersonal misconduct that have been received on and after Jan. 1, 2022.
It is important to note that these mandated changes will not in any way alter, impair nor diminish the support and resources provided by LMU and LMU CARES.
For additional information regarding incidents of sexual and interpersonal misconduct, please visit the Title IX webpage. Here is the link to review the updated Discriminatory Harassment and Complaint Process policy.
Vice President for Human Resources
Sara N. Trivedi
Title IX Coordinator