Title 5 Amendments for Campus Climate and Public Safety Requirements – Is Your Campus Ready?

10.12.2022

On May 23, 2022, the California Community College Board of Governors made significant changes and adopted new regulations applicable to Title 5 of the California Code of Regulations that are commonly referred to as the Campus Climate and Public Safety Regulations^[1]. These new regulations will require community college districts to adopt new policies consistent with community policing principles, establish a public safety advisory board, and engage with campus stakeholders. In addition, it requires campus police to participate in training on community policing principles including anti-bias, cultural responsibility, conflict avoidance, and de-escalation. It also requires campus police departments to revise their hiring and promotion practices to ensure officers exhibit a “guardian v. warrior” mentality. These new regulations may require districts to engage in collective bargaining with their labor groups to the extent these new policies affect the working conditions of its represented employees. These requirements are effective January 1, 2023, and apply to districts that either have on-campus safety personnel and/or contract for police services.

These changes follow the State Chancellor’s issuance of a Call to Action to all California community colleges in response to the murder of George Floyd in May 2020. The State Chancellor’s Office assembled a Taskforce representing a diversity of stakeholders and campus executive leaders to reimagine campus policing consistent with the System’s commitment to equity and the promotion of inclusive campus climate. The Taskforce produced a document entitled a Call to Action: Reimagining Campus Policing Task Force Recommendation and these recommendations were then adopted as new regulations in Title 5 of the California Code of Regulations (“CCR”) sections 59700-59704.

Some major components of the new regulations include the following:

The standards apply to all public safety services and personnel whether provided by district employees or by contract^[2].
The governing board must^[3]:
- Adopt policies that campus police adhere to community-based policing principles and evidence based policing practices;
- Establish a public safety Advisory Committee that includes stakeholders from actively engaged recruitments of historically underserved communities^[4]; and
- Develop a “Public Safety Compact” with stakeholders which establishes the district’s requirements for delivery of services including roles for mental health and social workers.
The Advisory Committee must make recommendations to the district’s chief executive officer and the governing board at a regular meeting. These recommendations must include:
- A requirement that safety personnel provide contact information to individuals who are stopped by district safety personnel and a process that encourages feedback regarding any interaction with district safety personnel^[5].
Hiring recruitment materials must indicate that applicants are required to demonstrate commitment to diversity, equity, and inclusion principles, and evaluation of candidates shall include consideration of these principles.
A requirement to attend community college specific training from POST (under development).

To help guide districts with these new regulations that are effective January 1, 2023, AALRR will be offering a webinar on these new regulations and tips for their implementation on November 29, 2022, register here. Among other issues, the webinar will cover how to establish the shareholder committee, how to best prepare your policies, and how to fulfill your collective bargaining obligations. If you have any questions regarding compliance with these new regulations, please contact the authors of this article or your regular employment counsel at AALRR for assistance.