Report 2017-032 All Recommendation Responses

Report 2017-032: Clery Act Requirements and Crime Reporting: Compliance Continues to Challenge California's Colleges and Universities (Release Date: May 2018)

Recommendation #1 To: Berkeley City College

To ensure that it accurately reports Clery Act crime statistics, Berkeley City College, by working with its district, should by August 2018 enter into an updated MOU with the Berkeley Police that outlines the process for compiling crime statistics and defines the responsibilities of both parties.

6-Month Agency Response

Signed/Executed copy of MOU dated July 01, 2018 sent to jima@auditor.ca.gov via email 11/06/2018.

California State Auditor's Assessment of 6-Month Status: Fully Implemented

60-Day Agency Response

The MOU is scheduled be approved by August 2018. Here's a copy of the final draft: http://www.berkeleycitycollege.edu/wp/title-ix/files/2018/07/MOU-BPD-2018-UPDATE-1.pdf.

California State Auditor's Assessment of 60-Day Status: Partially Implemented

Berkeley City College provided a draft of its MOU with the Berkeley Police Department. Once this MOU is signed and becomes official, the recommendation will be fully implemented.

Recommendation #2 To: Berkeley City College

To ensure that its district provides it with policies and processes that the Clery Act and federal regulations require, Berkeley City College should develop and begin following a policy by August 2018 requiring that it periodically review the district's annual security reports or templates, as well as district policies. To the extent that it identifies any inaccurate information or missing policies, it should work with its district to make updates as necessary.

6-Month Agency Response

Berkeley City College and the Peralta Community College District has changed the review and distribution of the Annual Security Report from October 1st annually to three times a year. This information is noted on page 3 of the ASR and at the attached link.

http://web.peralta.edu/police-services/college-annual-security-reports-ars/.

California State Auditor's Assessment of 6-Month Status: Fully Implemented

Berkeley City College implemented a process requiring that key staff members review the annual security report and district policies three times per year to ensure all required policies are present.

60-Day Agency Response

Berkeley City College has updated it's Title IX website and will include in the 2018 ASR which will be published in October 2018:

#25 Included in its annual security report a description of its educational programs that promote the awareness...AND

#34 Included within its annual security report descriptions of its education programs that promote the awareness of...including ongoing prevention and awareness campaigns for students and faculty.

DRAFT: Not Anymore by Student Success is an interactive online programs designed to educate students on consent, sexual assault, stalking, domestic/dating violence, bystander intervention, sexual harassment, risk reduction and more. Students will receive an email at the beginning of each semester introducing them to this tool and information on accessing and completing the modules. http://www.berkeleycitycollege.edu/wp/title-ix/

#31 Included within its annual security report a statement of policy that it generally must maintain as confidential any accommodations or protective measures provided to a victim.

DRAFT: Berkeley City College Confidentiality Information http://www.berkeleycitycollege.edu/wp/title-ix/files/2018/07/Berkeley-City-College-Confidentiality.pdf

#36 Included within its annual security report a statement that the accuser and accused are entitled to the same opportunities... AND

#37 Included within its annual security report a statement of policy that Includes that both the accuser and accused will be simultaneously informed...AND

#39 Included within its annual security report a statement of its procedures for institutional disciplinary actions...

DRAFT: Notification and Investigation Procedures: http://www.berkeleycitycollege.edu/wp/title-ix/files/2018/07/Berkeley-City-College-Notification-and-Investigation-Procedures.pdf

California State Auditor's Assessment of 60-Day Status: Pending

Although Berkeley City College indicates that it will include specific information in its next annual security report, our recommendation states that Berkeley City College needs to develop a policy and process for reviewing the district's annual security report to ensure that it includes all required policy statements and district policies.

Recommendation #3 To: West Los Angeles College

To ensure that its district provides it with policies and processes that the Clery Act and federal regulations require, West LA should develop and begin following a policy by August 2018 requiring that it periodically review the district's annual security reports or templates, as well as district policies. To the extent that it identifies any inaccurate information or missing policies, it should work with its district to make updates as necessary.

Annual Follow-Up Agency Response From October 2019

The college has created a procedure and process to guide the Annual Security Report preparation for October 1, 2020. The document will be sent via email to jima@auditor.ca.gov.

California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented

1-Year Agency Response

Despite repeated attempts by the California State Auditor's Office to obtain a response from West LA regarding its implementation of this recommendation at six-months from the issuance of our report, it has not submitted such a response.

California State Auditor's Assessment of 1-Year Status: Will Not Implement

West LA has not submitted a response. As a result, we have assessed this recommendation as "will not implement."

6-Month Agency Response

As indicated in the section titled "agency response to the recommendation," despite repeated attempts by the California State Auditor's Office to obtain a response from West LA regarding its implementation of this recommendation at six-months from the issuance of our report, it has not submitted such a response. As a result, we have assessed this recommendation as "will not implement."

California State Auditor's Assessment of 6-Month Status: Will Not Implement

Refer to section titled "agency response to the recommendation."

60-Day Agency Response

West LA college is working with its district to update policies to ensure they meet all current Clery Act requirements, and plans to have those updates adopted by the district in August 2018.

California State Auditor's Assessment of 60-Day Status: Pending

Recommendation #4 To: Berkeley City College

Berkeley City College should develop and implement procedures by August 2018 that it will regularly review and adhere to applicable guidance related to the Clery Act to ensure that it develops or discloses all required policies.

6-Month Agency Response

Berkeley City College and the Peralta Community College District has changed the review and distribution of the Annual Security Report from October 1st annually to three times a year. This information is noted on page 3 of the ASR, BCC Health & Safety Committee September 25, 2018 meeting minutes, and the attached links.

http://www.berkeleycitycollege.edu/wp/health-safety-committee/minutes/

http://web.peralta.edu/police-services/college-annual-security-reports-ars/

California State Auditor's Assessment of 6-Month Status: Fully Implemented

Berkeley City College implemented a process requiring that key staff members review the annual security report and district policies three times per year to ensure all required policies are present.

60-Day Agency Response

2018 ASR which will be published in October 2018 will include (Due to the timing of this submission, a final draft will be provided to Jim Adams via his email when available to document how BCC is working to meet the recommendations prior to the 2018 ASR publication):

#3 Disclosed within its annual security report its most recent three years' Clery crime statistics.

#11 Included within its annual security report a statement of policy concerning the monitoring and recording of criminal activity at off-campus student organizations that the institution recognizes and that are engaged in by students attending the institution.

#46 Included within its annual security report a list of the titles of the persons or organizations responsible for carrying out its emergency notification plan.

#51 Included within its annual security report a statement documenting, for each test, a description of the exercise, its date, its time, and whether it was announced or unannounced.

California State Auditor's Assessment of 60-Day Status: Pending

Although Berkeley City College indicates that it will include specific information in its next annual security report, our recommendation focuses on Berkeley City College implementing procedures to regularly review and adhere to guidance related to the Clery Act when developing or disclosing required policies.

Recommendation #5 To: Humboldt State University

Humboldt State should develop and implement procedures by August 2018 that it will regularly review and adhere to applicable guidance related to the Clery Act to ensure that it develops or discloses all required policies.

6-Month Agency Response

We are a member of the Clery Center and our Clery Coordinator is a member of the National Association of Clery Compliance Officers and Professionals (NACCOP). Both organizations provide current and new legislation information, guidance, and policy updates. The Chancellor's Office provides CSU-wide policies and guidance, including a new annual security report (ASR) template distributed in November 2018. Our Clery Compliance Team meets monthly. We have a training component at every meeting to ensure that we are up to date with current policies. Clery Compliance Team members review the ASR before it is distributed to ensure that the policies in the ASR are current.

California State Auditor's Assessment of 6-Month Status: Fully Implemented

60-Day Agency Response

We will have this fully implemented by 8/1/18. The Clery Director and Clery Coordinator are presently developing the procedures. We plan to present the procedures to the Clery Compliance Team at the scheduled July 19 meeting for their review.

California State Auditor's Assessment of 60-Day Status: Pending

Recommendation #6 To: West Los Angeles College

West LA should develop and implement procedures by August 2018 that it will regularly review and adhere to applicable guidance related to the Clery Act to ensure that it develops or discloses all required policies.

Annual Follow-Up Agency Response From October 2019

The college has created a procedure and process to guide the Annual Security Report preparation for October 1, 2020. The document will be sent via email to jima@auditor.ca.gov.

California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented

1-Year Agency Response

Despite repeated attempts by the California State Auditor's Office to obtain a response from West LA regarding its implementation of this recommendation at one year from the issuance of our report, it has not submitted such a response.

California State Auditor's Assessment of 1-Year Status: Will Not Implement

West LA has not submitted a response. As a result, we have assessed this recommendation as "will not implement."

6-Month Agency Response

As indicated in the section titled "agency response to the recommendation," despite repeated attempts by the California State Auditor's Office to obtain a response from West LA regarding its implementation of this recommendation at six-months from the issuance of our report, it has not submitted such a response. As a result, we have assessed this recommendation as "will not implement."

California State Auditor's Assessment of 6-Month Status: Will Not Implement

Refer to section titled "agency response to recommendation."

60-Day Agency Response

West LA college is working to ensure it has all policies required by the Clery Act in place by August 2018.

California State Auditor's Assessment of 60-Day Status: Pending

Recommendation #7 To: Berkeley City College

To ensure the completeness of its daily crime log, Berkeley City College should develop and implement a policy by August 2018 that describes its process for maintaining the log and ensuring that it is adequately maintained by its security guards.

6-Month Agency Response

Berkeley City College maintains a daily crime log. Its purpose is to record all criminal incidents and alleged criminal incidents that are reported to the campus security department. This standard operating procedure for the log is located on the college's web page under Health & Safety Committee documents and the attached link.

http://www.berkeleycitycollege.edu/wp/health-safety-committee/documents/

California State Auditor's Assessment of 6-Month Status: Fully Implemented

60-Day Agency Response

The following policy/procedure has been implemented at BCC.

2018 ASR which will be published in October 1st will contain DRAFT: The Head of Security for Berkeley City College maintains a daily log recording of all reported criminal activity. Each log entry includes the nature of the crime, date/time reported, date/time incident occurred with the location of each reported crime in addition to the disposition of the complaint, if known. Log entries are recorded within two business days of the incident. The crime log is held at the Security desk (2050 Center Street) and is available for public inspection upon request.

California State Auditor's Assessment of 60-Day Status: Pending

Although Berkeley City College states that it will include this policy in its annual security report, it did not provide us with a copy of the policy or evidence that the policy was provided to the security company.

Recommendation #8 To: West Los Angeles College

To ensure that it includes all criminal incidents in its daily crime logs, West LA should by December 2018 create and follow appropriate procedures, such as requiring supervisor review of entries or programming its records management systems to create the daily crime logs automatically.

6-Month Agency Response

The Los Angeles Sheriff's Department, which provides security services to West LA, has updated its crime log procedures, including a daily supervisory review of entries.

California State Auditor's Assessment of 6-Month Status: Fully Implemented

60-Day Agency Response

The Los Angeles Community College District has recently purchased new software for reporting incidents on campus, which should help with properly reporting and reviewing Clery Act incidents, including the daily crime log.

California State Auditor's Assessment of 60-Day Status: Pending

Recommendation #9 To: Berkeley City College

Berkeley City College should create and follow procedures by August 2018 to ensure that it includes all crimes in its daily crime log as it becomes aware of those crimes, such as when it receives crime reports from local law enforcement agencies.

6-Month Agency Response

Within the Standard Operating Procedures for the Daily Crime log, we've noted that crime reports from local law enforcement agencies are to be included.

California State Auditor's Assessment of 6-Month Status: Fully Implemented

Recommendation #10 To: University, California State

To ensure that its campuses include all necessary policy disclosures in their annual security reports, the CSU Chancellor's Office should revise its systemwide annual security report template by August 2018 so that it directs its campuses to specifically include each of the policies that the Clery Act and federal regulations require.

6-Month Agency Response

The Chancellor's Office has revised its systemwide annual security report template which directs campuses to specifically include each of the policies that the Clery Act and federal regulations require. The template was distributed and posted online on November 9, 2018.

California State Auditor's Assessment of 6-Month Status: Fully Implemented

The CSU Chancellor's Office has provided additional direction to its campuses that, if followed, should ensure they include all required policy disclosures in their annual security reports. This direction includes an Action Item Guide that directs campuses to ensure their policy disclosures are current and a checklist that outlines every required policy disclosure for fiscal year 2018-19.

60-Day Agency Response

A team led by the Chancellor's Office Clery subject matter expert is evaluating, in detail, the comments included in the audit report to identify where and how we will modify the CSU annual security report template by August 2018. Once it's completed, we will provide the template to the campuses and direct them to include the required information when preparing their annual security reports.

California State Auditor's Assessment of 60-Day Status: Pending

Recommendation #11 To: University, California State

To help ensure its institutions maintain complete and accurate information about crimes that occur on their properties, the CSU Chancellor's Office should issue a policy by August 2018 to specify the information its institutions should include in their daily crime logs.

6-Month Agency Response

In August 2018, the Chancellor's Office established Section 4450.00 of the Integrated California State University Administrative Manual, Clery Act Daily Crime Log. This policy outlines details about the types of crimes that must be entered in the daily crime log as well as the information those entries must include. Further, the policy includes details about the maintenance of the crime log and provides a suggested format.

California State Auditor's Assessment of 6-Month Status: Fully Implemented

60-Day Agency Response

The Chancellor's Office has formed a work group led by an Office of General Counsel Clery subject matter expert to develop a systemwide policy. A draft policy has already been developed which will assist campuses in the accurate completion of their daily crime logs. The information will be sent to campuses by the Executive Vice Chancellor and Chief Financial Officer by August 2018.

California State Auditor's Assessment of 60-Day Status: Pending

Recommendation #12 To: Humboldt State University

To ensure that it does not underreport crime statistics in its annual security reports, Humboldt State should create and begin following written procedures by August 2018 that clearly describe the Clery Act crime identification processes it will follow. These processes should include maintaining contemporaneous lists of Clery Act crimes that occur.

6-Month Agency Response

We have updated our Collecting, Classifying and Counting Clery Act Crime Data Standard Operating Procedures, that codifies our processes and procedures to guarantee that the campus does not underreport crime statistics.

California State Auditor's Assessment of 6-Month Status: Fully Implemented

60-Day Agency Response

We will have this fully implemented by 8/1/18. The Clery Director and Clery Coordinator are presently developing the procedures. We plan to present the procedures to the Clery Compliance Team at the scheduled July 19 meeting for their review.

California State Auditor's Assessment of 60-Day Status: Pending

Recommendation #13 To: Humboldt State University

To ensure that it does not overreport or misreport its crime statistics, Humboldt State should develop and begin following procedures by August 2018 to review and adhere to applicable guidance related to the Clery Act, including the OPE handbook, when categorizing the Clery Act crimes it reports.

6-Month Agency Response

We have updated our Collecting, Classifying and Counting Clery Act Crime Data Standard Operating Procedures that codifies our processes and procedures to guarantee that the campus does not overreport or misreport crime statistics. We also added a reference section that includes the OPE handbook.

California State Auditor's Assessment of 6-Month Status: Fully Implemented

60-Day Agency Response

We will have this fully implemented by 8/1/18. The Clery Director and Clery Coordinator are presently developing the procedures. We plan to present the procedures to the Clery Compliance Team at the scheduled July 19 meeting for their review.

California State Auditor's Assessment of 60-Day Status: Pending

Recommendation #14 To: Bakersfield College

To ensure that it does not underreport crime statistics in its annual security reports, Bakersfield should create and begin following written procedures by August 2018 that clearly describe the Clery Act crime identification processes it will follow. These processes should include maintaining contemporaneous lists of Clery Act crimes that occur.

Annual Follow-Up Agency Response From November 2020

The college has developed written procedures that describe the Clery Act crime identification process and ensures the accurate reporting of crime statistics as well as the maintenance of contemporaneous lists of Clery Acts that occur. Additionally, we have updated the College Safety Department's report writing system to include a drop down menu listing all Clery Reportable crimes, along with definitions for each crime. This will assist us in the accurate and real time reporting and identification of Clery Crimes and the overall accuracy of our reported crime statistics.

California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented

Annual Follow-Up Agency Response From November 2019

Bakersfield College has updated its Department of Public Safety Policy and Procedure Manual to include routine Clery Act crime training requirements for officers, Clery Act crime definitions and the requirement of the Clery Act Committee to review all Clery Act Crimes and Reports for consistency prior to publication each year (See attached BC DPS P&P Manual).

California State Auditor's Assessment of Annual Follow-Up Status: Partially Implemented

Bakersfield has not yet demonstrated that it is maintaining a contemporaneous list of Clery Act crimes that occur on its campus. Until it does so, we will continue to report this recommendation as partially implemented.

1-Year Agency Response

As stated in our previous response, the college has developed written procedures; however, we have not yet developed a contemporaneous list of Clery Act crimes. We plan to begin using such a list in August 2019.

California State Auditor's Assessment of 1-Year Status: Partially Implemented

6-Month Agency Response

The College has developed written procedures to accurately report crime statistics and clearly describe the Clery Act crime identification process. These procedures ensure maintenance of contemporaneous lists of Clery Act crimes that occur. This is now incorporated into the established manual, the Department of Public Safety, Policy and Procedure's Manual (BCDPS Manual).

California State Auditor's Assessment of 6-Month Status: Partially Implemented

Although Bakersfield developed written procedures addressing our recommendation, it did not provide evidence of maintaining contemporaneous lists of Clery Act crimes.

60-Day Agency Response

The College developing written procedures to accurately report crime statistics and clearly describe the Clery Act crime identification process in an internal manual entitled BC Department of Public Safety: Internal Operating Manual. These procedures ensures maintenance of contemporaneous lists of Clery Act crimes that occur. This will be accomplished by August.

California State Auditor's Assessment of 60-Day Status: Pending

Bakersfield College subsequently informed us that it is still in the process of developing procedures for maintaining contemporaneous lists of Clery Act crimes. Accordingly, we are assessing the status of this recommendation as pending.

Recommendation #15 To: San Jose, California State University

To ensure that it does not underreport crime statistics in its annual security reports, San Jose State should create and begin following written procedures by August 2018 that clearly describe the Clery Act crime identification processes it will follow. These processes should include maintaining contemporaneous lists of Clery Act crimes that occur.

6-Month Agency Response

SJSU has completed the written procedures to ensure no underreporting of crime statistics.

This strengthened procedure is now added to our Manual of Procedures for Clery Act reporting.

We are submitting a copy of the strengthened procedure via separate email to jima@auditor.ca.gov

California State Auditor's Assessment of 6-Month Status: Fully Implemented

60-Day Agency Response

- The campus is in the process of creating and filling a position for a campus Clery Director. That individual will work with current staff to create written procedures that clearly describe the Clery Act crime identification the campus will follow.

- Currently we have begun to keep 'contemporaneous lists' of Clery Act Crimes as back up documentation as a result of the recent audit. Implemented May 2018.

- Full implementation expected by Dec. 2018

California State Auditor's Assessment of 60-Day Status: Pending

Recommendation #16 To: Bakersfield College

To ensure that it does not overreport or misreport its crime statistics, Bakersfield should develop and begin following procedures by August 2018 to review and adhere to applicable guidance related to the Clery Act, including the OPE handbook, when categorizing the Clery Act crimes it reports.

6-Month Agency Response

The College has developed and follows a procedure to review and adhere to the requirements of the Clery Act and the OPE Handbook when categorizing the Clery Reports. This procedure was developed and now implemented within the BCDPS Manual, and reviewed and updated on an ongoing basis.

California State Auditor's Assessment of 6-Month Status: Fully Implemented

60-Day Agency Response

The College developing written procedures to accurately report crime statistics and clearly describe the Clery Act crime identification process in an internal manual entitled BC Department of Public Safety: Internal Operating Manual. These procedures ensures maintenance of contemporaneous lists of Clery Act crimes that occur. This will be accomplished by August.

California State Auditor's Assessment of 60-Day Status: Partially Implemented

Recommendation #17 To: San Jose, California State University

To ensure that it does not overreport or misreport its crime statistics, San José State should develop and begin following procedures by August 2018 to review and adhere to applicable guidance related to the Clery Act, including the OPE handbook, when categorizing the Clery Act crimes it reports.

6-Month Agency Response

SJSU UPD has completed the written procedures to review our Clery reports prior to finalizing them, to ensure adherence to applicable guidance, and that there is no over-reporting or mis-reporting.

This strengthened procedure is now added to our Manual of Procedures for Clery Act reporting.

We are submitting a copy of the strengthened procedure via separate email to jima@auditor.ca.gov

California State Auditor's Assessment of 6-Month Status: Fully Implemented

60-Day Agency Response

- Partially Implemented. San Jose State now reviews every report to include those generated by local law enforcement and any reports by Campus Security Authorities, Student Housing and Student Conduct. These reports are cross checked against the Records management system, and the current conduct system (Maxient), as well as the physical reports prepared by local law enforcement. The OPE handbook is referenced for accuracy against these reports. Back up documents are kept. Implemented June 2018

- Formal written documentation for this procedure is being prepared and is incomplete at this time. To be completed by Oct. 2018

California State Auditor's Assessment of 60-Day Status: Pending

Although San Jose State describes additional review procedures that its staff now perform, it was unable to provide documentation to substantiate these efforts. Therefore, we are assessing the status of this recommendation as pending.

Recommendation #18 To: Azusa Pacific University

To ensure that it does not overreport its crime statistics, Azusa should strengthen its procedures by August 2018 to review and adhere to applicable guidance related to the Clery Act, including the OPE handbook, when categorizing the Clery Act crimes it reports.

60-Day Agency Response

As to the first recommendation, we will address over reporting statistics on or before the upcoming 2018 Department of Education statistical reporting period (i.e., by October 1, 2018) and we will adjust our past Annual Security and Fire Safety Report by then. Moreover, we have strengthened procedures to continue our demonstrated commitment and good faith reporting, and to review and adhere to applicable guidance related to the Clery Act when categorizing the Clery Act crimes. Specifically, we have updated our procedures to describe our review processes. The person responsible for implementation is Gary Kossky, Lieutenant, Special Operations, Department of Campus Safety, Clery Compliance Coordinator and Emergency Management.

California State Auditor's Assessment of 60-Day Status: Fully Implemented

Recommendation #19 To: Bakersfield College

To ensure Bakersfield requests and reports Clery Act crimes from local law enforcement, the institution should by August 2018 create and begin following a procedure, in conjunction with a written agreement with local law enforcement, to obtain crime statistics for the annual security report.

Annual Follow-Up Agency Response From September 2023

Bakersfield College (BC) has a long-standing, existing agreement with the Bakersfield Police Department (BPD), approved in 1999, which specifies BPD's responsibilities for investigating Part I crimes occurring on college properties. This agreement supports the ongoing cooperation that has existed between our agencies. The BC Department of Public Safety Policy and Procedure Manual (BC DPS P&P Manual) includes the standard operating procedure to obtain crime statistics for the Annual Security Report (ASR). As BC expands to multiple locations across Kern County, the college will in parallel expand cooperation with relevant agencies. All campus locations fall under BC DPS guidance, and written agreements will be arranged with Local Law Enforcement partners for each new location.

California State Auditor's Assessment of Annual Follow-Up Status: No Action Taken

Until Bakersfield College updates its 1999 agreement, it will not have addressed this recommendation.

Annual Follow-Up Agency Response From October 2022

We have internally implemented a written process whereby we request annual crime statistics from our local law enforcement (LLE) partners by February 28, of each new year. We have not yet completed written agreements with our LLE partners. We will endeavor to complete this process by end of fiscal year 2022. Our LLE partners have been very responsive in providing annual statistics upon request.

California State Auditor's Assessment of Annual Follow-Up Status: Pending

Annual Follow-Up Agency Response From October 2021

As noted in our 2020 response, the college has developed a written procedure to ensure that local law enforcement agencies are contacted on an annual basis and requested to submit crime reports for Clery Crime statistics development.

The ongoing and unexpected operational diversions and challenges posed by COVID 19, as well as a significant turnover of College Safety personnel and lack of dedicated staffing this year, has impacted our ability to complete a full review and approval of our draft written agreement by district legal and all law enforcement partners, to finalize the agreements as intended. It is our priority to finalize our written agreements with our local law enforcement agencies, no later than the end of FY 2022, July 2022. This will allow for sufficient time for the governing board approval of our respective agencies and will formally solidify the ongoing, mutual cooperation that currently exists and further ensure the yearly completion of obtaining crime reports from our law enforcement partners. Additionally, during the course of our communications this year with the Bakersfield Police Department (BPD), it was reiterated that there is in fact a long standing, existing agreement between BPD and BC (approved in 1999) which specifies BPD's responsibilities for investigating Part I crimes occurring on college properties. This agreement supports the ongoing cooperation that has existed between our agencies.

California State Auditor's Assessment of Annual Follow-Up Status: Pending

Annual Follow-Up Agency Response From November 2020

The college has developed a written procedure to ensure that local law enforcement agencies are contacted on an annual basis and requested to submit crime reports for Clery Crime statistics development. Additionally, the college has developed a draft written agreement for our local law enforcement agencies, which will solidify mutual cooperation and ensure the yearly completion of obtaining crime reports from our law enforcement partners. Our intended written agreement is currently in the review process by our district legal department and partnering agencies.

California State Auditor's Assessment of Annual Follow-Up Status: Pending

This recommendation will be fully addressed when Bakersfield College finalizes its written agreements with its local law enforcement agencies.

Annual Follow-Up Agency Response From November 2019

Bakersfield College has updated its Department of Public Safety Policy and Procedure Manual to include the requirement to submit letters to its local law enforcement partners by January 31, each year. In addition, the Kern Community College District has implemented a new policy requiring the District, on behalf of each campus to complete Memorandums of Understanding with each local law enforcement partner consistent with Ed. Code 67381 (See attached BC DPS P&P Manual).

California State Auditor's Assessment of Annual Follow-Up Status: Partially Implemented

As we noted in our review of Bakersfield's previous response to our recommendation, although Bakersfield developed a procedure to submit a crime report request letter to its local law enforcement agency, it did not submit its most recent letter on time. Bakersfield will need to ensure that it submits its next request letter by January 2020 to adhere to its procedure for obtaining crime statistics for its next annual security report.

1-Year Agency Response

As stated in our previous response, the college will not be establishing an MOW with local law enforcement; however, we successfully requested crime reports from our local law enforcement partners using the form letter that we established for this purpose.

California State Auditor's Assessment of 1-Year Status: Partially Implemented

Although Bakersfield developed a procedure to submit a crime report request letter to its local law enforcement agency, it did not submit its most recent letter on time. Bakersfield will need to ensure that it submits its next request letter by January 2020 to adhere to its procedure for obtaining crime statistics for its next annual security report.

6-Month Agency Response

The College has established relationships with Local Law Enforcement agencies to obtain local crime statistics for the Annual Security Report. It was shared to us that a written formal agreement is not a requirement for the Local Law Enforcement to enter into, thus nothing formal has been established. Template letters have been created to submit to Local Law Enforcement agencies the third week of January in a given year. This procedure has now been integrated into the DPS Manual.

California State Auditor's Assessment of 6-Month Status: Pending

Because Bakersfield has decided not to establish a formal written agreement with its local law enforcement agency, we will await subsequent evidence from the institution demonstrating how the template letters it cites will be used to obtain crime statistics.

60-Day Agency Response

The College is in the process of developing a written agreement (MOU) with local law enforcement to obtain local crime statistics for the Annual Security Report. Template letters addressed to local law enforcement have already been developed and submitted to our community partners for this year's reporting. This procedure has also been developed and outlined within our internal documentation entitled BC Department of Public Safety: Internal Operating Manual.

California State Auditor's Assessment of 60-Day Status: Partially Implemented

Recommendation #20 To: Bakersfield College

To ensure that its district provides it with policies and processes that the Clery Act and federal regulations require, Bakersfield should develop and begin following a policy by August 2018 requiring that it periodically review the district's annual security reports or templates, as well as district policies. To the extent that it identifies any inaccurate information or missing policies, it should work with its district to make updates as necessary.

6-Month Agency Response

The College has developed and follows procedures requiring the complete and accurate information to be included in the Annual Security Report (Clery Report). The College takes responsibility to include accurate and relevant policies within the Annual Security Report. This procedure has now been integrated into the DPS Manual.

California State Auditor's Assessment of 6-Month Status: Fully Implemented

60-Day Agency Response

Within the new internal document entitled BC Department of Public Safety: Internal Operating Manual, outlines procedures requiring complete and accurate information being included in the Annual Security Report (Clery Report). The Director of Public Safety will take responsibility to include accurate and relevant policies in the Annual Security Report. To be completed August 2018

California State Auditor's Assessment of 60-Day Status: Partially Implemented

Recommendation #21 To: Bakersfield College

Bakersfield should develop and implement procedures by August 2018 that it will regularly review and adhere to applicable guidance related to the Clery Act to ensure that it develops or discloses all required policies.

6-Month Agency Response

The College has developed and follows procedures to regularly review and adhere to applicable guidance related to the Clery Act. This procedure has now been integrated into the DPS Manual.

California State Auditor's Assessment of 6-Month Status: Fully Implemented

60-Day Agency Response

Within the new internal document entitled BC Department of Public Safety: Internal Operating Manual, outlines procedures requiring complete and accurate information being included in the Annual Security Report (Clery Report). The Director of Public Safety will take responsibility to include accurate and relevant policies in the Annual Security Report. To be completed August 2018

California State Auditor's Assessment of 60-Day Status: Partially Implemented

Recommendation #22 To: San Jose, California State University

San Jose State should develop and implement procedures by August 2018 that it will regularly review and adhere to applicable guidance related to the Clery Act to ensure that it develops or discloses all required policies.

6-Month Agency Response

SJSU has completed the written procedures to review applicable Clery guidance, to ensure that all required policies are effectively developed and disclosed.

This strengthened procedure is now added to our Manual of Procedures for Clery Act reporting.

We are submitting a copy of the strengthened procedure via separate email to jima@auditor.ca.gov

California State Auditor's Assessment of 6-Month Status: Fully Implemented

60-Day Agency Response

- Partially implemented .San Jose State is taking into account the State Audit Report, and the audit from the Clery Center. We are currently addressing several areas where policies were either nonexistent or incomplete. Some policies are also currently being addressed at the Chancellor's Office level. We will incorporate them upon their completion.

- Written procedure is being worked on, it is currently incomplete. Expect procedure by Dec. 2018

California State Auditor's Assessment of 60-Day Status: Pending

Although San Jose State indicates that this recommendation is partially implemented, it was not able to provide documentation demonstrating its progress.

Recommendation #23 To: Azusa Pacific University

To ensure that it includes all criminal incidents in its daily crime logs, Azusa should by December 2018 create and follow appropriate procedures, such as requiring supervisor review of entries or programming its records management systems to create the daily crime logs automatically.

60-Day Agency Response

As to the second recommendation, we have already updated our past crime and fire log to include the two missing crime log entries identified in the report and strengthened our procedures for maintaining and reviewing daily crime logs to ensure completeness through secondary reviews. We will continue to explore the necessity and feasibility of an RMS that logs crimes automatically. The person responsible for implementation is, again, Lieutenant Kossky.

California State Auditor's Assessment of 60-Day Status: Fully Implemented

Recommendation #24 To: San Jose, California State University

To ensure that it includes all criminal incidents in its daily crime logs, San Jose State should by December 2018 create and follow appropriate procedures, such as requiring supervisor review of entries or programming its records management systems to create the daily crime logs automatically.

6-Month Agency Response

SJSU has completely removed the manual work that caused the errors observed by the auditor in the Daily Crime Log.

Our Daily Crime Log now no longer requires manually re-entering data as in the previous method. In other words, our Daily Crime Log is now generated straight from our Records Management System.

This strengthened procedure is now added to our Manual of Procedures for Clery Act reporting.

We are submitting a copy of the strengthened procedure via separate email to jima@auditor.ca.gov

California State Auditor's Assessment of 6-Month Status: Fully Implemented

60-Day Agency Response

- Partially implemented. San Jose State has removed the manual work that caused the errors in the Daily Crime Log. The Crime log is now fully automated and there is no manual re-entering of data as in the previous method. This Daily Crime Log is now generated directly from our Records Management System.

- No procedure has been written. It will be complete by Nov. 2018

California State Auditor's Assessment of 60-Day Status: Pending

Although San Jose State describes this recommendation as being partially implemented, it did not provide evidence to support its claim.

Recommendation #25 To: Bakersfield College

Bakersfield should create and follow procedures by August 2018 to ensure that it includes all crimes in its daily crime log as it becomes aware of those crimes, such as when it receives crime reports from local law enforcement agencies.

6-Month Agency Response

The College has developed procedures to ensure that it includes all crimes in its daily crime log "Report Writing System" as it becomes aware. This procedure has now been integrated into the DPS Manual.

California State Auditor's Assessment of 6-Month Status: Fully Implemented

60-Day Agency Response

Once the College receives crime notifications from local law enforcement agencies, the Department of Public Safety shall update the crime log within 72 hours of receiving it. This is also reflected within your newly developed internal document entitled BC Department of Public Safety: Internal Operating Manual.

California State Auditor's Assessment of 60-Day Status: Partially Implemented

Bakersfield is referring to its own newly developed internal document in its response.

Recommendation #26 To: San Jose, California State University

San Jose State should create and follow procedures by August 2018 to ensure that it includes all crimes in its daily crime log as it becomes aware of those crimes, such as when it receives crime reports from local law enforcement agencies.

6-Month Agency Response

SJSU has implemented the strengthened procedure to ensure the inclusion of all crimes within our Patrol Jurisdiction into our Daily Crime Log. All reported crimes including from local law enforcement agencies will be included in our report.

This strengthened procedure is now added to our Manual of Procedures for Clery Act reporting.

We are submitting a copy of the strengthened procedure via separate email to jima@auditor.ca.gov

California State Auditor's Assessment of 6-Month Status: Fully Implemented

60-Day Agency Response

- Will implement. San Jose State University Police Department Records Unit will make a request for all crimes from local law enforcement.

- We are currently trying to identify the methodology to add crimes from another jurisdiction to our automated system.

- Expected completion Dec. 2018

California State Auditor's Assessment of 60-Day Status: Pending

Recommendation #27 To: University of California

To help prevent errors during the next Clery Act reporting cycle, UCOP should revise its Clery Act policy by August 2018 to include details on where institutions can find the specific disclosure requirements for their annual security reports.

60-Day Agency Response

In May 2018, UCOP updated the Clery Act Policy as follows:

- Added footnotes to the policy (Section II.B) to provide details on where to find specific disclosure requirements. The footnotes reference the Federal Regulations and the DOE Handbook for Campus Safety and Security Reporting.

- Updated Section II.E to refine further the general reporting obligations of Clery crimes.

- Added footnotes to the policy (Sections III. and IV.C) to reference specific California state laws.

- Updated the references links in Section VI and added an additional reference for California Assembly Bill 1433, Student Safety (Gatto Bill).

The updated policy can be found here: https://policy.ucop.edu/doc/1100669/Clery

California State Auditor's Assessment of 60-Day Status: Fully Implemented

Recommendation #28 To: Humboldt State University

Humboldt State should properly notify students of the availability of its annual security report.

60-Day Agency Response

We sent out an email to all students June, 2018. We established an internal process so that all students will be properly notified annually. Please note 2017 was the only year that students did not receive the annual notification.

California State Auditor's Assessment of 60-Day Status: Fully Implemented

Humboldt State developed procedures for notifying students via email of the availability of the annual security report and provided a copy of the email it sent to the campus community in June 2018 about the availability of this report.

Recommendation #29 To: Berkeley City College

Berkeley City College should retain documentation of Peralta's notification to its students demonstrating that Peralta appropriately notified the campus's community about the availability of its annual security report.

6-Month Agency Response

Copy of a 09/27/2018 email to students notifying them that the ASR is available sent to JimA@auditor.ca.gov on 10/10/2018.

California State Auditor's Assessment of 6-Month Status: Fully Implemented

Berkeley City College maintained a copy of its most recent e-mail distribution of its annual security report and provided it to our office. Thus, this recommendation is fully implemented.

60-Day Agency Response

Berkeley City College has centralized communication related to Clery under the Public Informations Officer utilizing a variety of media and archiving communications sent at large.

2018 ASR which will be published on October 2018 will include: DRAFT: The Public Information Officer is responsible for the development and dissemination of all College communications in the event of a campus emergency. This includes internal communications with students, faculty and staff, as well as communications with the media. The priority will be maintaining timely and open communications, providing complete and accurate information that has been confirmed about the emergency situation and the College's response to the crisis at hand. Communications with the media will be frequent throughout the duration of the emergency situation and disseminated in order of priority. The Peralta emergency response systems will be utilized for campus communication to students, faculty and staff. The Berkeley City College Web site will be used as a key medium for updating our campus community and the public on the details of the emergency situation and actions we are taking to address all related issues.

A media center will be established in the event of a widespread campus incident/disaster. The media center will include workspace for media personnel, electricity, telephones, Internet connections, campus and community directories and maps. A media pool of representatives from designated print and broadcast media outlets may be appointed to establish consistent message dissemination.

California State Auditor's Assessment of 60-Day Status: Pending

Although Berkeley City College describes procedures that will be included in its upcoming annual security report, its response does not address retaining documentation that Peralta notified the campus community about the availability of that report. We look forward to Berkeley City College providing this evidence upon issuance of the 2018 annual security report in October.

Recommendation #30 To: Humboldt State University

To ensure it properly informs students and employees, Humboldt State should notify its students and employees and update the U.S. DOE about the corrected Clery Act statistics as soon as possible.

6-Month Agency Response

We submitted the corrected Clery Act statistics to the U.S. Department of Education in March 2018 and updated the reports on our webpage. We notified students and employees of the corrected statistics in June 2018.

California State Auditor's Assessment of 6-Month Status: Fully Implemented

60-Day Agency Response

We submitted the corrections to the U.S. DOE in March, 2018 and updated the reports on our web page. We notified students and employees in June, 2018

California State Auditor's Assessment of 60-Day Status: Partially Implemented

Although Humboldt State submitted corrections to the U.S. DOE, it did not provide evidence that it notified students and employees of these revised statistics.

Recommendation #31 To: Humboldt State University

To ensure that its annual security report's crime statistics and the statistics it submits to the U.S. DOE align, Humboldt State should reconcile these statistics before publishing its reports or submitting the data to the U.S. DOE.

6-Month Agency Response

We have documented the process that will be followed to guarantee the statistics are reviewed and reconciled before publishing the reports or submitting the data to the U.S. Department of Education.

California State Auditor's Assessment of 6-Month Status: Fully Implemented

60-Day Agency Response

Previously, Housing submitted their crime statistics to the Clery Coordinator at the end of every calendar year. In order to review the crime statistics at regular intervals, they are now being submitted at least every two months. By reviewing the Housing statistics on an ongoing basis, (smaller sizes of data) the Clery Coordinator will be able to better assure the accuracy of the reports. We are also adding an additional reviewer to the process to double check the data entered in the reports.

California State Auditor's Assessment of 60-Day Status: Pending

Humboldt State has provided documentation showing that it receives crime statistics at least every two months as well as the steps it plans to take to ensure that there is a secondary review of the crime statistics and to ensure all reporting is the same. After Humboldt State submits its statistics to the U.S. DOE in 2018, we can determine whether its new processes prevent reporting errors similar to the ones we identified in our review.

Recommendation #32 To: Peralta Community College District

To ensure that its campuses provide the necessary resources and information to students about campus safety, Peralta should by December 2018, develop all required policies related to campus safety in compliance with the Education Code.

1-Year Agency Response

Despite repeated attempts by the California State Auditor's Office to obtain a response from Peralta regarding its implementation of this recommendation at one year from the issuance of our report, it has not submitted such a response.

California State Auditor's Assessment of 1-Year Status: Will Not Implement

Peralta has not submitted a response. As a result, we have assessed this recommendation as "will not implement."

6-Month Agency Response

Despite repeated attempts by the California State Auditor's Office to obtain a response from Peralta regarding its implementation of this recommendation since the issuance of our report, it has not submitted such a response. As a result, we have assessed this recommendation as "will not implement."

California State Auditor's Assessment of 6-Month Status: Will Not Implement

As indicated in the section titled "agency response to the recommendation," despite repeated attempts by the California State Auditor's Office to obtain a response from Peralta regarding its implementation of this recommendation since the issuance of our report, it has not submitted such a response. As a result, we have assessed this recommendation as "will not implement."

Recommendation #33 To: Los Angeles Community College District

To ensure that its campuses provide the necessary resources and information to students about campus safety, the Los Angeles Community College District should by December 2018, develop all required policies related to campus safety in compliance with the Education Code.

1-Year Agency Response

Please see attached supporting documentation

California State Auditor's Assessment of 1-Year Status: Fully Implemented

The Los Angeles Community College District has created and implemented policies related to campus safety that we found it previously did not have in place. It provided a detailed description of the policies it implemented and where to find them. It also implemented a contract with the Los Angeles County Sheriff's Office to respond to a Clery Act requirement.

6-Month Agency Response

The three remaining recommendations will be completed by 12/18

California State Auditor's Assessment of 6-Month Status: Pending

60-Day Agency Response

Of the eight recommendations, five have been completed and the remaining three are under development, with an expected completion date of 12/2018. Supporting documentation will be sent to the email as requested.

California State Auditor's Assessment of 60-Day Status: Partially Implemented

The Los Angeles Community College District has drafted language to implement five of eight items related to this recommendation. It must still draft the remaining three items, finalize its documents, and publish them online.

Recommendation #34 To: University, California State

To ensure it is fully compliant with the Education Code, the CSU Chancellor's Office should create and implement a procedure by December 2018 regarding the handling of requests for information regarding sexual assault incidents.

1-Year Agency Response

The Chancellor's Office has clarified the procedure for the handling of requests for information regarding sexual assault incidents. Specifically, in February 2019, the California State University (CSU) Office of General Counsel notified campus attorneys, Title IX coordinators, and Public Records Act (PRA) officers that the procedure is for such requests to be referred to the campus PRA officer. The PRA officer shall consult with the Office of General Counsel to ensure the proposed response complies with CSU policy and applicable law. When necessary, input will also be sought from the campus Title IX coordinator.

California State Auditor's Assessment of 1-Year Status: Fully Implemented

6-Month Agency Response

A Chancellor's Office (CO) team including representatives from the Office of General Counsel, Systemwide Human Resources, as well as other CO leadership, is in the process of finalizing procedures we believe will bridge the gap identified in the audit.

California State Auditor's Assessment of 6-Month Status: Pending

60-Day Agency Response

The Chancellor's Office (CO) has established a team including representatives from the Office of General Counsel, Systemwide Human Resources, as well as CO leadership responsible for systemwide public safety and Title IX functions. This team is in the process of evaluating requirements and exploring how best to create and implement a procedure to bridge the gap identified in the audit.

California State Auditor's Assessment of 60-Day Status: Pending

Recommendation #35 To: Bakersfield College

To ensure it properly informs students and employees, Bakersfield should notify its students and employees and update the U.S. DOE about the corrected Clery Act statistics as soon as possible.

Annual Follow-Up Agency Response From November 2020

Bakersfield College sent emails in December 2018 and January 2019 notifying students, staff and the US DOE of the discrepancies in the 2019 crime statistics report.

California State Auditor's Assessment of Annual Follow-Up Status: Resolved

The emails that Bakersfield College provided pertain to a previous discrepancy unrelated to the discrepancies noted in the 2019 report. Nevertheless, Bakersfield College was able to demonstrate that its Clery compliance committee is assuming responsibility for producing complete and accurate reports and ensuring their prompt distribution. Accordingly, we conclude that this recommendation has been resolved.

Annual Follow-Up Agency Response From November 2019

Bakersfield College corrected its Clery crime statistics to align with U.S. DOE statistics and notified its staff and students on December 14, 2018 (See attached email announcing the chances).

California State Auditor's Assessment of Annual Follow-Up Status: Partially Implemented

Although Bakersfield notified its students, employees, and the U.S. DOE regarding discrepancies that we previously identified between its annual security report and the U.S. DOE statistics, we identified an additional discrepancy between Bakersfield's 2019 annual security report and the U.S. DOE's statistics available as of November 2019. Bakersfield will need to notify its students, employees, and the U.S. DOE of this additional discrepancy.

1-Year Agency Response

The college has taken steps to notify our students and the DOE of our updated crime statistics; however, we are still resolving discrepancies among our 2018 ASR and DOE statistics. We plan to have these discrepancies resolved by December 2019.

California State Auditor's Assessment of 1-Year Status: Pending

Although Bakersfield eventually made the appropriate notifications for its corrected 2017 statistics, it subsequently identified some inaccuracies in its 2018 statistics. Therefore, Bakersfield will need to notify students, employees, and the U.S. DOE of those corrected statistics after it addresses the discrepancies.

6-Month Agency Response

The College updated the U.S. DOE Clery statistics on Thursday December 13, 2018 and notified its students and employees that changes had been made.

California State Auditor's Assessment of 6-Month Status: Partially Implemented

Bakersfield provided us with the email notification that it sent to its students and employees about the corrected Clery Act statistics, but it did not provide evidence of updating the U.S. DOE.

60-Day Agency Response

The College shall update the U.S. DOE Clery statistics once the portal opens in October 2018 and notify its students and employees within the annual notification upon completion

California State Auditor's Assessment of 60-Day Status: Pending

Recommendation #36 To: Bakersfield College

To ensure that its annual security report's crime statistics and the statistics it submits to the U.S. DOE align, Bakersfield should reconcile these statistics before publishing its reports or submitting the data to the U.S. DOE.

Annual Follow-Up Agency Response From November 2020

Bakersfield College has created a Clery Committee which has the responsibility of overseeing the college's crime reporting processes and overall compliance with the Clery Act. To further ensure the accuracy and reconciliation of our published annual security report statistics with those submitted to US DOE, we have developed a written committee outline to guide our processes. This is intended to establish a solid crime reporting process, including timelines and task completion, to further our goal of accurately reporting the college's crime statistics to the college community and to the US DOE.

California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented

Annual Follow-Up Agency Response From November 2019

Bakersfield College has updated its Department of Public Safety Policy and Procedure Manual to include the requirement of the Clery Act Committee to review all Clery Act Crimes and Reports for consistency prior to publication each year (See attached BC 2018 ASR and DOE Clery Crime statistics).

California State Auditor's Assessment of Annual Follow-Up Status: Pending

We determined that there is still a discrepancy between Bakersfield's 2019 annual security report and the U.S. DOE's statistics available as of November 2019.

1-Year Agency Response

The college is still developing a process to ensure that our ASR and DOE statistics align. The college anticipates completing its process by December 2019.

California State Auditor's Assessment of 1-Year Status: Pending

We reviewed Bakersfield's 2018 statistics from its Annual Security Report and the U.S. DOE and found that they did not align. Specifically, Bakersfield reported different numbers in each source pertaining to public property and non-campus motor vehicle thefts.

6-Month Agency Response

The College has reconciled the Annual Security Report crime statistics and the statistics it submits to the U.S. DOE before publishing its reports or submitting the data to the U.S. DOE.

California State Auditor's Assessment of 6-Month Status: Pending

The statistics that Bakersfield submitted to the U.S. DOE for 2018 are not yet available to review to determine whether they match the statistics in Bakersfield's annual security report.

60-Day Agency Response

The College has developed internal processes to reconcile the Annual Security Report crime statistics and the statistics it submits to the U.S. DOE before publishing its reports or submitting the data to the U.S. DOE. This procedure is outline within our newly developed internal document entitled BC Department of Public Safety: Internal Operating Manual. Additionally, a new committee has been formed to review and reconcile the data and information within the ASR. The members of this new committee are College's Clery Act Coordinator, the Deputy Title IX Coordinator, and the Student Conduct Officer.

California State Auditor's Assessment of 60-Day Status: Pending

Although Bakersfield states that its internal processes are outlined within its newly developed manual, that manual does not include any references to reconciling the statistics. Accordingly, we are assessing the status of this recommendation as pending.

Recommendation #37 To: Kern Community College District

To ensure that its campuses provide the necessary resources and information to students about campus safety, the Kern Community College District should by December 2018, develop all required policies related to campus safety in compliance with the Education Code.

Annual Follow-Up Agency Response From July 2019

The two attached documents address KCCD's final deficiencies related to the report authored and issued by California State Auditor's Office entitled Clery Act Requirements and Crime Reporting: Compliance Continues to Challenge California's Colleges and Universities.

California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented

1-Year Agency Response

The final policy awaiting implementation is scheduled for the first reading at the June 2019, Board of Trustees meeting and final adoption at the July 2019 Board meeting. The June 2019 board agenda indicating inclusion of this policy reading is not yet posted.

California State Auditor's Assessment of 1-Year Status: Partially Implemented

6-Month Agency Response

We are currently reviewing two remaining requirements to add to KCCD board policy.

California State Auditor's Assessment of 6-Month Status: Partially Implemented

60-Day Agency Response

In July 2018, the governing board of Kern Community College District approved policies related to campus safety that bring the district into compliance with the California Education Code. The district believes that these policies fulfills its response to the audit.

California State Auditor's Assessment of 60-Day Status: Partially Implemented

Kern Community College District has updated its policies to address some but not all of the requirements we identified.

Recommendation #38 To: University of California

To ensure that it provides accurate and comprehensive information to its students and employees, UCOP should by December 2018 revise its intolerance form to allow for reporters to include offender characteristics and provide to the public complete information regarding the occurrences of noncriminal acts of hate violence. Additionally, UCOP should by February 2019 more clearly address both stranger and nonstranger sexual assault within its policies.

Annual Follow-Up Agency Response From October 2019

On July 31, 2019, President Napolitano issued a revised systemwide Sexual Violence and Sexual Harassment Policy (https://policy.ucop.edu/doc/4000385/SVSH). As revised, the policy clearly address both stranger and nonstranger sexual assault.

California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented

1-Year Agency Response

The Sexual Violence and Sexual Harassment Policy was updated to clearly address both stranger and nonstranger sexual assault along with other SVSH policy changes recommended in CSA report 2017-125. UCOP submitted the revised policy to OCR in February 2019 for OCR's review and approval prior to finalization, as stipulated in the resolution agreement with OCR. The policy is currently with OCR for review.

California State Auditor's Assessment of 1-Year Status: Pending

6-Month Agency Response

- Diversity and Engagement has updated the systemwide intolerance form to include an open-text field for offender characteristics by December 2018.

- Diversity and Engagement is working with campus diversity and inclusion offices to create a consistent reporting template on occurrences of non-criminal acts of hate, intolerance or bias. A systemwide report of occurrences from the 2017-18 academic year will be posted on the Diversity and Engagement website by December 2018.

- The Sexual Violence and Sexual Harassment Policy will be updated by February 2019 to clearly address both stranger and nonstranger sexual assault along with other SVSH policy changes recommended in CSA report 2017-125. The policy changes will then be submitted to OCR for review prior to finalization, as stipulated in the resolution agreement with OCR.

California State Auditor's Assessment of 6-Month Status: Partially Implemented

UCOP has partially implemented our recommendation by revising its intolerance form to allow for reporters to include offender characteristics.

60-Day Agency Response

UCOP is taking the following actions to implement this recommendation:

- The systemwide intolerance form will be updated to include an open-text field for offender characteristics by December 2018.

- Diversity and Engagement will work with campus diversity and inclusion offices to create a consistent reporting template on occurrences of non-criminal acts of hate, intolerance or bias. A systemwide report of occurrences from the 2017-18 academic year will be posted on the Diversity and Engagement website by December 2018.

- The Sexual Violence and Sexual Harassment Policy will be updated by February 2019 to clearly address both stranger and nonstranger sexual assault along with other SVSH policy changes recommended in CSA report 2017-125. The policy changes will then be submitted to OCR for review prior to finalization, as stipulated in the resolution agreement with OCR.

California State Auditor's Assessment of 60-Day Status: Pending

All Recommendations in 2017-032

Agency responses received are posted verbatim.