If you experienced sexual abuse or assault while attending a California college, you may be able to bring a civil claim against the person responsible and, in some cases, against the college itself. That claim is separate from any Title IX complaint or police report. The deadline depends on your age at the time, when it happened, and whether the school is public.
This guide explains how California civil law, federal Title IX rules, and state support programs fit together for campus survivors. It is written for Justice for Survivors, a California law firm handling civil claims for sexual abuse and sexual assault, including claims against schools.
What 'College Sexual Abuse' Means Under California Law
The law reaches campus sexual misconduct through several definitions.
California criminal law defines sexual battery in Penal Code § 243.4 as touching an intimate part of another person against their will for sexual purposes, with more serious forms where the person is restrained, incapacitated, or misled into believing the touching served a professional purpose. Civil Code § 1708.5 defines sexual battery as a tort (a wrong one person can sue another for) and covers intentional harmful or offensive contact with an intimate part, among other conduct.
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 bars sex discrimination in federally funded education programs. Courts and regulators treat sexual harassment and assault as forms of that discrimination, so a federally funded college must respond to misconduct it knows about.
California adds an affirmative consent standard. Under the Education Code, colleges receiving state student financial aid funds must define consent as an affirmative, conscious, and voluntary agreement to engage in sexual activity. Consent must continue throughout and can be withdrawn at any time. Silence, lack of resistance, or a relationship is not consent.
Campus cases can involve another student, a professor, a coach, staff, or a visitor, on campus or at a college-sponsored event or program.
Three separate tracks can apply at once:
- Criminal: a prosecutor decides whether to bring charges. (See how civil and criminal cases differ.)
- Title IX administrative: the school investigates under its own policies.
- Civil lawsuit: the survivor, as plaintiff, seeks compensation in court.
California's Title IX Process: What Colleges Are Required to Do
Every federally funded college must designate a Title IX coordinator to receive reports and oversee the school's response. A student can report directly to that office without going to campus police first. California also requires prevention programs and trauma-informed training for officials who investigate and decide these cases.
An investigation typically includes notice to both parties, a chance to present evidence, and a written decision. Federal hearing rules have changed since 2020, and each school's current policy governs.
Schools can also offer supportive or interim measures, such as no-contact directives, housing or schedule changes, or academic extensions, generally without a police report or formal complaint.
A school's finding does not decide a civil case. A complaint about a mishandled report can be filed with the U.S. Department of Education's Office for Civil Rights. The California Attorney General also enforces state civil rights and education law.
Civil Claims: Suing a College or University for Sexual Abuse
Against the individual. Under Civil Code § 1708.5, the person who commits sexual battery "is liable to that person for damages, including, but not limited to, general damages, special damages, and punitive damages," and a court may order other relief such as an injunction. A criminal conviction is not required.
Against the institution. Colleges can be responsible in two ways:
- Respondeat superior (employer responsibility for an employee's conduct within the scope of the job). California courts often find sexual misconduct outside that scope, so this theory has limits.
- The institution's own negligence, usually the central theory. It requires a duty of care, a breach, causation, and damages. Breach can include ignoring prior complaints, negligent retention after warnings, inadequate supervision, or unreasonable housing security.
Title IX in federal court. In Davis Ex Rel. LaShonda D. v. Monroe County Board of Education, 526 U.S. 629 (1999), the U.S. Supreme Court held a school can be liable for money damages when an official with authority to act had actual knowledge of severe harassment and responded with deliberate indifference (a response clearly unreasonable in light of what was known). That standard is demanding and separate from California negligence law.
Public versus private colleges. UC, CSU, and community college campuses are public entities, and claims against them run through the Government Claims Act (Gov. Code § 810 et seq.), which can require a written claim before any lawsuit. Which rules apply also depends on whether the defendant is a local public entity or the State. Private colleges are sued under ordinary civil procedure.
Damages. A survivor can seek compensation for therapy and medical costs, emotional distress, lost income, and lost educational opportunity. Under Civil Code § 3294, punitive damages may be available where oppression, fraud, or malice is proven by clear and convincing evidence; for an employer, that generally requires advance knowledge and conscious disregard, authorization, or ratification by an officer, director, or managing agent. Public entities generally cannot be ordered to pay punitive damages. See our guide to a California sexual abuse lawsuit.