Content warning: This article discusses sexual violence and human trafficking.
Following nationwide discourse surrounding sexual assault on university campuses, California Governor Gavin Newsom signed a package of bills last Wednesday strengthening legal and institutional policies surrounding sexual assault and human trafficking.
One of the bills enacted, Assembly Bill (AB) 1845, directs postsecondary schools receiving state funding to enhance employee training and strengthen policy to better combat cases of sexual violence.
Last year, however, the University paused usage of state funding towards financial assistance programs to ensure compliance with other legislation. As a result, a sizable portion of California’s Education Code no longer applies to the University, including almost all of AB 1845.
Stanford began substituting state financial aid after AB 1780 went into effect, which prevents schools receiving state-funded aid from preferring applicants with connections to alumni or donors. The University said the decision would ensure compliance and has continued to factor legacy and donor relations into admissions.
Stanford’s decision to forfeit state funding has given University leadership freedom to shape policies differently than other California schools. While the University has largely maintained its policies, Stanford has recently ended two key sexual wellness education programs.
While Stanford adheres to applicable baseline standards set forth by the California Education Code, the school is not legally required to comply with large portions of bills like AB 1845. As Stanford’s decision to substitute state funding is relatively recent, it is unclear how the University will respond to consequential legislation addressing issues such as human trafficking and sexual assault.
In an email to The Daily, University representative Angie Davis wrote that “Stanford’s compliance training is currently being assessed against AB 1845.” In the meantime, however, Stanford’s current infrastructure differs from the requirements of the new law.
While many laws targeting postsecondary institutions are conditional on state-funded financial aid, California legislature may also regulate postsecondary institutions as a whole. AB 1845 does require a broader range of independent postsecondary institutions, including Stanford, to refine their agreements with local law enforcement to “clarify operational responsibilities for investigations of human trafficking occurring on campus.”
Stanford is exempt, however, from all other parts of the bill, like Section 2 of AB 1845 that requires applicable postsecondary institutions to adopt a policy on human trafficking. To comply with the law, the policy would have to include support numbers, a protocol for reporting human trafficking, mental and physical signs of human trafficking and “ways to identify individuals who are most at risk for human trafficking,” according to the Bill.
Currently, University policy includes neither a section for human trafficking nor the features the law demands of other schools, with no mention of “trafficking” in Stanford’s Administrative Guide.
A recent study found that 18% of students on Southern California campuses report experiencing human trafficking at some point during their postsecondary education. Human trafficking often involves sexual abuse and involuntary prostitution.
Stanford “will continue to evaluate its policies, trainings, and response practices in light of evolving legal requirements and best practices,” Davis wrote.
Resources provided beyond the scope of the University’s obligations are subject to removal at Stanford’s discretion. Such resources include programs like Flip The Script and Beyond Sex Ed, a popular piece of New Student Orientation programming that was cut last year without student input.
This year, Stanford introduced a new course designed around recognizing and responding to sexual assault or harassment, planned a series of events designed to teach best practices in intimate relationships and encouraged student groups interested in requesting training related to sexual assault to complete a training request form.
No similar programs for combating human trafficking currently exist on campus.
Students may speak to a counselor at the 24/7 Confidential Support Team at (650) 725-9955 to speak about their options if they feel unsafe or have experienced sexual assault. Students may also fill out a Title IX Reporting Form and may choose from there what steps they want to pursue. Students have access to supportive resources even if they do not wish to pursue an investigation. Visit https://share.stanford.edu/get-help for information on resources for sexual harassment, sexual violence and relationship violence.