New California law will expand support for survivors of campus sexual violence

September 2. 2026
By Kristen Houlton Shaw, law clerk

Although roughly one in four college women and gender non-conforming students will experience sexual violence during their time at college, only one in five campus survivors report their experience to their school. A new California law hopes to help more survivors feel comfortable coming forward by making the campus disciplinary process more supportive.

Federal and California state law both prohibit sex‑based discrimination, including sexual violence and harassment, in any federally or state funded educational programs. Colleges and universities are legally required to follow specified procedures for investigating and resolving complaints of sexual misconduct through a designated office. During a campus investigation, both the accuser and the accused are interviewed about the alleged incident and given the opportunity to provide supporting evidence. In many cases, the matter will then proceed to a live hearing where parties and witnesses testify and are cross-examined.

“Coming forward means reliving harm in a setting that provides little emotional protection. Many survivors report being more traumatized by the campus disciplinary process than by the original incident.”

This process is supposed to make campus safer. When a student, faculty member, or other community member is found responsible for sexual misconduct, the school may implement safety measures such as a unilateral no-contact order to prevent further interactions with the survivor. In severe cases, the accused may be suspended or expelled from the institution. The goal of resolving sexual misconduct complaints on campus is to give survivors the security and support they need to pursue their education in peace.

However, many survivors avoid turning to their schools for help due to fear of the campus investigation process. The adjudication process can be technical, retraumatizing, and overwhelming. Coming forward means reliving harm in a setting that provides little emotional protection. Many survivors report being more traumatized by the campus disciplinary process than by the original incident.

“Under existing California law, colleges are only required to allow one person to accompany the parties through these proceedings: a support person or an advisor. This unnecessarily puts survivors in the impossible position of having to choose between someone who can help them navigate the process and someone who can bring them comfort as they relive the trauma they have experienced.”

Survivors seeking justice and safety need guidance to successfully navigate this process. But under existing California state law, colleges are only required to allow one person to accompany the parties through these proceedings: a support person or an advisor. The advisor is often an attorney or other professional who can provide technical and procedural support, while a support person is a friend, family member, or trauma-informed advocate who can help navigate emotional stressors. Although California campuses could allow survivors to be accompanied by both a support person and an advisor, too many permit only one. This unnecessarily puts victims of sexual violence in the impossible position of having to choose between someone who can help them navigate the process and someone who can bring them comfort as they relive the trauma they have experienced. It never had to be this way, and now it won’t be.

Last week, Governor Newsom signed California Assembly Bill (AB) 1928: The Campus Counsel and Care Act, authored by Assemblymember Mike Fong. This bill will expand necessary support for parties to a California campus complaint of sexual misconduct by permitting each party to be accompanied by both a support person and an advisor of their choice at all stages of the grievance process. AB 1928 was conceptualized and led by The Survivors Pro Bono, a student-driven legal initiative, and co-sponsored by ERA.

“Last week, Governor Newsom signed California AB 1928, The Campus Counsel and Care Act, [which] will expand necessary support for survivors by permitting them to be accompanied by both a support person and an advisor.”

When a survivor reports campus sexual violence, their actions make California’s colleges and universities safer for everyone. By ensuring each party can have both an advisor and a support person, AB 1928 will make the campus disciplinary process more supportive and encourage more survivors to come forward.

So much about sexual violence is complicated and challenging to address. This is one simple fix that will make a real impact.

If you are a student based at a California college or university and you have experienced sexual assault, harassment, relationship violence or stalking, check out ERA’s Student Survivor Toolkit for tips on the Title IX process and more.

You can also find resources and support services in your area here. You are not alone.