Chancellor’s Memo on New Title 5 Regulations

On February 1, 2023, the Chancellor’s Office of the California Community Colleges released a memorandum (“Memo”) providing updates on the development of strategies to implement the Board of Governors’ October 25, 2022 revisions to Title 5 of the California Code of Regulations relating to Campus Climate and Public Safety.

Those revisions, which took effect on November 24, 2022, require application of community-based and evidence-based policing models and apply to all public safety services and public safety personnel, whether provided by district employees, or by contract with private third parties or other public agencies.  These regulations establish new minimum conditions for apportionment.

Now, the Chancellor’s Office has stated a deadline of May 23, 2023 for districts to update their local authority policies and procedures or potentially face enforcement measures.

This bulletin reviews and explains the newly outlined expectations related to those revisions, set forth by the Chancellor’s Office, so community college campus security offices and police departments can ensure appropriate and timely compliance.

Implementation Expectations for Community Colleges

The regulations state, at Section 51028, “In considering an enforcement action to address a district’s failure to meet a campus climate and public safety minimum condition, the Chancellor shall give due consideration to the time required for faithful implementation . . . and the resources available to the district.”

Pursuant to the Memo, California community college districts and campuses are expected to review the published regulations and recommendations and update their local authority policies and procedures “within 180 days from the regulatory effective date of November 24, 2022.”  The Memo states that the districts will be required to submit and adhere to a plan and timetable to:

1. 1. 1. Align policy and regulations related to on-campus policing with best practices; and
      2. Increase transparency of system and campus reporting on campus policing data and incidents to students and the public; and
      3. Develop policy on recruitment and hiring to promote diversity among campus police
      4. Develop policy for the removal of police officers found to be unsuitable for on-campus employment; and
      5. Inform strategies for state-level support and resources that will enhance campus efforts to reform campus and community police practices and police personnel workforce reforms.

Specifically, the regulations require several actions directed at district governing boards, including:

• • • Creating a “Public Safety Compact” developed with community college stakeholders, including the campus police and safety officers, that establishes the district’s requirements   for the delivery of public-safety related services on campus, including the respective roles and responsibilities of administrators, faculty, campus police and security officers, mental health and social services workers, crisis counselors, community non-profits, and other related service providers in responding to the public safety needs of the campus”;
    • Creating a public safety advisory committee,  composed of campus stakeholder representatives, to make recommendations to the district board of trustees related to district policies governing campus public safety services; and
    • Developing and ensuring campus police and security officers participate in regular training related to the conduct and methods of community policing, anti-bias, cultural responsibility, conflict avoidance, and de-escalation.

The Chancellor’s Office has established a Workgroup that will develop strategies and provide guidance to community colleges regarding compliance with the regulations.  However, the Memo indicates that the Workgroup’s first guidance is not expected until Summer 2023.

In the meantime, the Memo indicates Districts are expected to demonstrate “meaningful progress” in implementation of the regulations by the May 23, 2023 deadline.  Districts who fail to do so may be subject to the Chancellor’s Office enforcement measures.  That said, though implementation should begin now, “districts and campuses may work in alignment to the published strategies as they are made available.”  Districts may need, therefore, to amend their policies and procedures twice – once before the Workgroup’s strategies are published, and again after.

In light of the rapidly-approaching May 23 deadline, districts should begin reviewing their campus security or police manuals and practices and assessing ways to achieve compliance as soon as possible.  LCW’s public education and public safety experts can assist with these reviews and revisions. If you have any questions, please contact our Los Angeles, San Francisco, Fresno, San Diego, or Sacramento office.