Executive Order 1097
Revised March 29, 2019
Page 6 of 43
centers, victim advocacy offices, women’s centers, gender equity centers, or
health centers) in the provision of counseling or advocacy services.
c. A CSU employee/union representative is not required to report a possible
violation of this Executive Order if the information is provided to the union
representative, acting in that role, in a confidential setting by a union member
seeking advice about a possible violation or representation in a matter within the
scope of representation. However, CSU employee/union representatives are
strongly encouraged to report the information to the DHR Administrator or Title
2. University police are not required to report any personally-identifiable information
about a victim of certain sex offenses,
if the victim requests confidentiality of
identity, but must report all known facts of the incident, including the identity of the
perpetrator (if known), to the Title IX Coordinator.
EXCEPTIONS: Under California law, any health practitioner employed in a health
facility, clinic, physician’s office, or local or state public health department or clinic is
required to make a report to local law enforcement if medical services are provided for a
physical condition to a patient/victim who the practitioner knows or reasonably suspects
is suffering from: (1) a wound or physical injury inflicted by a firearm; or, (2) any wound
or other physical injury inflicted upon a victim where the injury is the result of assaultive
or abusive conduct.
This exception does not apply to sexual assault and domestic
violence counselors and advocates. Health care practitioners should explain this limited
exception to victims, if applicable.
Additionally, under California law, all physicians, psychotherapists, professional
counselors, clergy, and sexual assault and domestic violence counselors and advocates
are mandatory child abuse and neglect reporters, and are required to report incidents
involving victims under 18 years of age to local law enforcement.
will explain this limited exception to victims, if applicable.
Finally, some or all of these professionals may also have reporting obligations under
California law to: (1) local law enforcement in cases involving threats of immediate or
imminent harm to self or others where disclosure of the information is necessary to
See Cal. Penal Code § 293; Cal. Gov. Code § 6254(f)(2)(“The name of a victim of any crime defined by Section
220, 236.1, 261, 261.5, 262, 264, 264.1, 265, 266, 266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5,
285, 286, 288, 288a, 288.2, 288.3 (as added by Chapter 337 of the Statutes of 2006), 288.3 (as added by Section 6 of
Proposition 83 of the November 7, 2006, statewide general election), 288.5, 288.7, 289, 422.6, 422.7, 422.75, 646.9,
or 647.6 of the Penal Code may be withheld at the victim's request, or at the request of the victim's parent or
guardian if the victim is a minor.”)
Assaultive or abusive conduct is defined to include a list of 24 criminal offenses, including Sexual Battery, incest,
Rape, spousal Rape, abuse of a spouse or cohabitant, and any attempt to commit these crimes. See Cal. Penal Code
See Cal. Penal Code §§ 11164-11174.3; see also CSU Executive Order 1083 or any superseding executive order.