Student Rights & Responsibilities

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Civil and Criminal Penalties for Violation of Federal Copyright Laws

Anyone who is found to be liable for copyright infringement may be liable for either the owner’s actual damages along with any profits of the infringer or statutory damages of up to $30,000 per work infringed. In the case of a willful infringement, a court may award up to $150,000 per work infringed. (See 17 U.S.C. §504.) Courts also have discretion to award costs and attorneys’ fees to the prevailing party. (See 17 U.S.C. §505.) Under certain circumstances, willful copyright infringement may also result in criminal penalties, including imprisonment and fines. (See 17 U.S.C. §506 and 18 U.S.C.§2319.)

Privacy Rights of Students in Education Records

The federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g) (FERPA) and regulations adopted thereunder (34 C.F.R. 99) set out requirements designed to protect students’ privacy in their educational records maintained by the university. The statute and regulations govern access to certain student records maintained by the university and the release of those records. FERPA provides that the university must give a student access to most records directly related to the student and must also provide an opportunity to correct the records if the student believes the records are inaccurate, misleading, or otherwise inappropriate. The right to petition to correct a record under FERPA does not include the right to challenge the appropriateness of a grade determined by the instructor. In addition, FERPA generally requires the university obtain a student’s written consent before releasing personally identifiable data pertaining to the student. The university has adopted a set of policies and procedures governing the implementation of FERPA and its regulations. Copies of these policies and procedures may be obtained at the Enrollment Services Office. 

Among the information included in the university statement of policies and procedures is:

1. The student records maintained and the information they contain;
2. The university official responsible for maintaining each record;
3. The location of access lists identifying persons requesting or receiving information from the record;
4. Policies for reviewing and expunging records;
5. Student access rights to their records;
6. Procedure for challenging the content of student records; and
7. The student’s right to file a complaint with the Department of Education, which enforces FERPA. The Department of Education has established an office and review board to investigate complaints and adjudicate potential FERPA violations. The designated office is: Student Privacy Policy Office, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, D.C. 20202-5920.

FERPA authorizes that the university may release “directory information” pertaining to students. “Directory information” may include the student’s name, address, telephone listing, electronic mail address, photograph, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, grade level, enrollment status, degrees, honors, and awards received, and the most recent previous educational agency or institution the student attended. The university may release this “directory information” unless the university has received prior written objection from the student specifying the information the student requests not be released.  Written objections should be sent to the Enrollment Services Office.

FERPA authorizes the university to provide access to student records without prior student consent to university officials, employees and others who have legitimate educational interests in such access. These persons include those with legitimate reasons to access student records to perform the university’s academic, administrative or service functions, and those with a reason for accessing student records associated with their university or other related academic responsibilities. Student records will also be disclosed to the CSU Chancellor’s Office to conduct research, to analyze trends, or to provide other administrative services. Student records may also be disclosed without prior student consent to other persons or organizations under certain conditions (e.g., as part of the accreditation or program evaluation, in response to a court order or subpoena, in connection with financial aid, or to other institutions to which the student is transferring).

FERPA Rights, Obligations, Procedures

Who is Responsible for Upholding FERPA Protections?

All members of the campus with access to, oversight of, or responsibilities for the maintenance of student records are responsible for upholding FERPA protections. Student rights under FERPA may impose compliance obligations upon faculty members within the classroom, and upon associated classroom practices, in addition to those obligations imposed upon staff and managers within administrative departments responsible for creating, maintaining, and securing student data and records. Individuals may, under certain circumstances, be held legally responsible for the release of confidential information protected by FERPA.

Faculty and Academic Departments

The posting or display of emblems of academic performance, and the disclosure of information contained in confidential student records, generally require official student consent. That consent may be gained, for example, by circulating a statement of consent collectively to all students in a classroom for their signature of official endorsement.

Administrative Units

Steps should be taken to adequately and appropriately protect student records in compliance with law and policy.  Each office that releases educational records under this policy shall maintain records of requests made and whether each request was granted or denied.

Accessing Student Records

Students Seeking Access to the Student’s Own Records

Students wishing to view the contents of their Educational Records must contact the appropriate records custodian in the office maintaining the records they seek, generally the Office of Enrollment Services, to request an appointment to view these records. Access to inspect records shall normally be granted to the student making the request no later than fifteen (15) working days following the date of the request from the student. Original records shall not leave the office where the records are maintained.

Fees for Copies of Records

While the student retains the right to inspect his or her records, the California State University, Stanislaus is not generally required under FERPA to provide copies of documents contained in the educational record. With the exception of transcripts, which may be subject to separate provisions, requests for copies of records may be subject to an administrative copying fee.

Limitations on Access to Educational Records

The following limitations exist regarding the student’s right to inspect and review records:

• The University retains the right to deny copies of records if the student has an unpaid or delinquent financial obligation to the University, pursuant to Section 42381, Title 5, California Code of Regulations, and the California State University’s Executive Order 145.
• When a record contains information about more than one student, the student may inspect and review only the records that relate to him or her.
• Students may not access information pertaining to the financial status of his or her parents.
• Students may not access confidential letters and confidential statements of recommendation placed in educational records prior to 1975, or confidential letters and statements of recommendations for which the student has waived the right to review.
• Individuals do not have the right, under FERPA, to inspect and review their admissions application, if that application was denied.

Parental Access to Records

Parents are not eligible to access their child’s non-directory information unless the student has authorized this release; or unless the student has been claimed as a dependent on their parents’ federal income taxes.

Parents, legal guardians, or other relevant family members seeking information contained within protected student records, including grade reports, should be directed to the Office of the Vice President for Student Affairs or the Office of Enrollment Services.

Faculty, Staff, and Administrators Seeking Access

Requests should be submitted to the appropriate records custodian, generally the campus admissions and records officer or equivalent departmental or college official, who shall maintain copies of requests submitted and granted. Requests must demonstrate a legitimate educational interest, or a legitimate rationale for access in the case of university officials requesting access to student educational records.

Who is Responsible for Ensuring FERPA Compliance?

The Offices of Enrollment Services, Vice President of Student Affairs, Vice President of Business and Finance, Vice President of  University Advancement, and Vice Provost of Academic Affairs all have obligations and input regarding the proper maintenance of relevant student records, and the proper implementation and adherence to protocols designed to uphold FERPA rights and obligations, within their respective units, colleges, and departments.

Complaints about violation of this policy may be made to the Stanislaus State FERPA Compliance Officer (FERPA@csustan.edu) or to Department of Education. The Department of Education has established an office and review board to investigate complaints and adjudicate violations. The designated office is: Family Policy Compliance Office, U.S. Department of Education, Washington, D.C. 20202-4605.

What Student Information is Covered By FERPA?

FERPA establishes two categories of information:

Directory Information

Pre-established categories of directory information:

• Student name
• Address
• Telephone number
• Date and place of birth
• Honors and awards
• Dates of attendance
• University-assigned e-mail
• Photograph
• Enrollment Status
• Weight and height of members of the athletic team
• Degrees received
• Major field of study
• Student identification number

BUT: Eligible students/parents may request non-disclosure, and must be given the opportunity and reasonable time to so request.

Non-Directory Information is not available to the general public:

• Social Security number
• Race/ethnicity/nationality/gender
• Grades
• Course schedules
• Transcripts
• Disciplinary files/actions

Releasing Information

Directory information will be released to a member of the public upon submission of the appropriate request form to the Enrollment Services Office. As noted, students have the right to request non-disclosure of directory information.

Non-directory information will only be released upon written authorization from the student, except as described below.

Student Requests for Non-Disclosure of Directory Information

Students can file a form with the Enrollment Services Office if they do not want public information included in the directory.

Disclosure of Non-Directory Records Without Student Consent

Under certain circumstances, the campus is permitted to release information without the student’s consent. Examples of individuals or circumstances prompting permissible disclosure without consent include, but are not necessarily limited to:

• School officials who have a legitimate educational interest in the records.
• Parents of an eligible student who is claimed as a dependent for income tax purposes.
• Appropriate parties in a health or safety emergency.
• The parent or legal guardian of a student under the age of 21, when that student has broken University policy or state or federal law as it applies to the use and/or possession of alcohol or controlled substances.
• In cases involving the results of a disciplinary hearing where the alleged victim has been subject to a crime of violence.
• To comply with federal laws, such as the Patriot Act.
• To comply with other federal or state legislation passed subsequent to FERPA, including but not limited to the Tax Payer Relief Act.
• To comply with a California judicial order or lawfully issued subpoena.

References

U.S. Department of Education; Family Educational Rights and Privacy Act (FERPA), www.ed.gov/policy/gen/guid/fpco/ferpa 

Programs Leading to Licensure and Credentialing

Admission into programs leading to licensure and credentialing does not guarantee that students will obtain a license or credential. Licensure and credentialing requirements are set by agencies that are not controlled by or affiliated with the CSU and requirements can change at any time. For example, licensure or credentialing requirements can include evidence of the right to work in the United States (e.g., social security number or taxpayer identification number) or successfully passing a criminal background check.  Students are responsible for determining whether they can meet licensure or credentialing requirements. The CSU will not refund tuition, fees, or any associated costs, to students who determine subsequent to admission that they cannot meet licensure or credentialing requirements.  Information concerning licensure and credentialing requirements are available from the Director of the Office of Continuing and Professional Education. Contact (209) 667-3117 or stop in at the Student Services Building.

The California State University has not determined whether its programs meet other states’ educational or professional requirements for licensure and certification. Students enrolled in a California State University program who are planning to pursue licensure or certification in other states are responsible for determining whether they will meet their state’s requirements for licensure or certification. This disclosure is made pursuant to 34 CFR §668.43(a)(5)(v)(C).

Office of Student Conduct

Mary Stuart Rogers Building 360, (209) 667-3177
www.csustan.edu/student_conduct

The Office of Student Conduct plays a crucial role in fostering a conductive environment for academic and personal growth. Its primary mission is to ensure that students have the opportunity to work, study, learn and live in a safe and healthy environment. The office is committed to upholding the CSU Student Conduct Code, with the goal of guiding students toward responsible citizenship and supporting their successful path to graduation. 

The Student Conduct Administrator is responsible for overseeing the investigation and resolution of allegations of misconduct. This includes a range of potential violations such as academic dishonesty, plagiarism, substance abuse, and disruptive or inappropriate behaviors. Through the student conduct process, the office provides developmental learning experiences while holding students accountable for their actions.

It’s emphasized that students are expected to be aware of and adhere to the students of conduct set forth by the CSU and university.

The information regarding student conduct can be accessed through various channels, including the university catalog and the Office of Student Conduct website. Students involved in the student conduct process are entitled to due process and are encouraged to seek guidance from the Student Conduct Administrator. Student conduct policies are governed by the CSU Executive Order 1098, which is in accordance with the California Code of Regulations, Title V, section 41301.

CSU Non-discrimination Policy and Complaint Procedures

The California State University (CSU) is committed to an inclusive and equitable community that values diversity and fosters mutual respect. We embrace our community differences in Age, Disability (physical and mental), Gender, Gender Identity (including Nonbinary or Transgender), Gender Expression, Genetic Information, Marital Status, Medical Condition, Nationality, Pregnancy or related conditions, Race or Ethnicity (including color, caste, or ancestry), Religion or Religious Creed, Sex (including Sex Stereotyping or Sex Characteristics), Sexual Orientation, and Veteran or Military Status. All Students and Employees have the right to participate fully in CSU programs, activities, admission, and employment free from Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking and Retaliation.

The CSU prohibits the following conduct:

1. A. Discrimination based on any Protected Status, including Age, Disability (physical and mental), Gender, Gender Identity (including Nonbinary or Transgender), Gender Expression, Genetic Information, Marital Status, Medical Condition, Nationality, Pregnancy or related conditions, Race or Ethnicity (including color, caste, or ancestry), Religion or Religious Creed, Sex (including Sex Stereotyping or Sex Characteristics), Sexual Orientation, and Veteran or Military Status.
2.  Harassment based on any Protected Status.
3. Sexual Harassment and other Harassment on the basis of Sex or Gender, including: Hostile environment or Quid Pro Quo Harassment (e.g., when a person conditions a benefit on the Complainant’s participation in unwelcome sexual conduct).
4. Dating Violence, Domestic Violence, Sexual Exploitation, and Stalking; and/or
5. Sexual Misconduct.
6. Prohibited Consensual Relationships.
7. Retaliation.

This Nondiscrimination Policy is established in compliance with:

1. Title VI and Title VII of the Civil Rights Act of 1964;
2. Title IX of the Education Amendments of 1972, Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance (34 C.F.R. 106.);
3. The California Equity in Higher Education Act;
4. The Violence Against Women Reauthorization Act of 2013 (which amends the Jeanne Clery Disclosure of Campus Security and Campus Crimes Statistics Act, commonly known as the Clery Act) (VAWA) under its Campus Sexual Violence Elimination Act provision (Campus SaVE Act);
5. Section 504 of the Rehabilitation Act of 1973;
6. Title II of the Americans with Disabilities Act of 1990;
7. The Age Discrimination Act of 1975; and
8. Other applicable state and federal laws which prohibit Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation.

Applicable Complaint Procedures:

The CSU has adopted grievance procedures that provide for the prompt and equitable resolution of Complaints made by Students, Employees, designated officials, or other individuals who are participating or attempting to participate in its education programs, activities, or employment and allege any action that would be prohibited by this Nondiscrimination Policy.  The following describes the appropriate procedures for investigating or resolving Complaints that fall under this Nondiscrimination Policy for Complaints that allege conduct that occurred on or after August 1, 2024.

1. Track 1 (Federal Mandated Hearing Process) attached to this Nondiscrimination Policy sets out the procedures that will apply to Complaints against a Student, Employee, Third Parties, and/or Student-Employees where the alleged conduct: 
   1. Meets the definition of Sexual Harassment as defined in Article V.B of the Nondiscrimination Policy (also defined in Track 1, Article II.K); and  
   2. Occurred in the United States; and  
   3. Occurred in an education program or activity at the university, as defined in Track 1, Article II.E. 
2. Where Track 1 does not apply: For Complaints against a Student, the CSU Nondiscrimination Policy - Student Respondent Procedures apply.
3. Where Track 1 does not apply: For Complaints against Employees, Third Parties, and/or Student-Employees (where the alleged conduct arose out of their status as an Employee and not their status as a Student), the CSU Nondiscrimination Policy - Employee or Third-Party Respondent Procedures apply.
4. Complaints against a President, Title IX Coordinator/DHR Administrator, the Chancellor, or member of the Board of Trustees.
   1. Where Track 1 does not apply: Complaints against a President, Title IX Coordinator/DHR Administrator, the Chancellor, or member of the Board of Trustees will be processed under the CSU Nondiscrimination Policy - Employee or Third-Party Respondent Procedures.
   2. Complaints against the Chancellor or member of the Board of Trustees shall be made to the Title IX Coordinator/DHR Administrator at the Chancellor’s Office.
      1. If it is alleged that the Chancellor or a member of the Board of Trustees directly engaged in conduct that violates this Nondiscrimination Policy, the Title IX Coordinator/DHR Administrator at the Chancellor’s Office shall inform the chair or vice chair of the Board.
      2. Any other Complaints against the Chancellor or a member of the Board of Trustees (for example, that the Chancellor or member of the Board of Trustees had no substantial involvement in other than to rely on or approve a recommendation made by another administrator) will be made to and addressed by the Office of Civil Rights Programming & Services at CO-Complaints@calstate.edu.
   3. Complaints alleging violations of this Nondiscrimination Policy against a President or Title IX Coordinator/DHR Administrator shall be made to the Office of Civil Rights Programming & Services at CO-Complaints@calstate.edu.
      1. If the President or Title IX Coordinator/DHR Administrator’s role in the alleged incident was limited to a decision on a recommendation made by another administrator, and the President or Title IX Coordinator/DHR Administrator had no other substantial involvement in the matter, the Complaint shall be processed by the Campus.
   4. When circumstances warrant, the Chancellor, Vice Chancellor for Human Resources, or Associate Vice Chancellor for Civil Rights Programming & Services may determine in other cases that a Complaint will be addressed by the Office of Civil Rights Programming & Services at the Chancellor’s Office rather than the Campus. 

This Nondiscrimination Policy prohibits Discrimination, Harassment, Sexual Misconduct, Sexual Harassment, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, Prohibited Consensual Relationships, and Retaliation as defined below.

A. Non-Title IX (Tracks 2 and 3) Prohibited Conduct   

1. Discrimination is conduct that causes harm to a Complainant based on their actual or perceived Protected Status within the CSU’s educational programs, activities, or employment which results in the denial or limitation of services, benefits, or opportunities provided by the CSU. Under this Nondiscrimination Policy, the definition of Discrimination includes:
   1. Different Treatment Discrimination: Different Treatment Discrimination occurs when the Complainant is: 1) treated less favorably; 2) than other similarly situated individuals under similar circumstances; 3) because of the Complainant’s actual or perceived Protected Status; and 4) not for a legitimate, nondiscriminatory reason. Insignificant or trivial actions or conduct not reasonably likely to do more than anger or upset a Complainant do not constitute “Different Treatment Discrimination.”
      1. Under this Nondiscrimination Policy, discrimination in employment includes any adverse employment action or conduct that is reasonably likely to impair the Employee’s job performance or prospects for advancement or promotion.
      2. An allegation that an Employee is receiving unequal pay because of their Protected Status (for example, under the California Equal Pay Act) constitutes a Discrimination Complaint under this Nondiscrimination Policy.
2. Harassment means unwelcome verbal, nonverbal or physical conduct engaged in because of an individual Complainant’s Protected Status. Harassment includes, but is not limited to, verbal harassment (e.g., epithets, derogatory comments, or slurs), physical harassment (e.g., assault, impeding or blocking movement, or any physical interference with normal work or movement), and visual forms of harassment (e.g., derogatory posters, cartoons, drawings, symbols, or gestures.). Single, isolated incidents will typically be insufficient to rise to the level of Harassment.
   
   Harassment may occur when:
   1. Submitting to, or rejecting, verbal, nonverbal, or physical conduct is explicitly or implicitly a basis for:
      1. Any decision affecting a term or condition of the Complainant’s employment; or 
      2. Any decision affecting a Complainant’s academic status or progress, or access to benefits and services, honors, programs, or activities available at or through the University.                                               
         
         OR
   2. The conduct is sufficiently severe or pervasive so that its effect, whether intended or not, could be considered by a reasonable person under similar circumstances and with similar identities, and is in fact considered by the Complainant, as creating an intimidating, hostile, or offensive work or educational environment that denies or substantially limits an individual’s ability to participate in or benefit from employment and/or educational, services, activities, or other privileges provided by the CSU.
      
      Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following: 
      1. The frequency, nature, and duration of the conduct; 
      2. Whether the conduct was physically threatening;
      3. Whether the conduct arose in the context of other discriminatory conduct or other misconduct;
      4. The degree to which the conduct affected the Complainant’s ability to access the CSU’s educational programs, activities or employment;
      5. The Parties’ ages, roles within the CSU’s educational programs or activities, previous interactions, and other factors about each Party that may be relevant to evaluating the effects of the conduct; and
      6. Other Harassment in the CSU’s educational programs, activities, or employment.
3. Sexual Misconduct means engaging in any sexual activity without first obtaining Affirmative Consent to the specific activity, whether or not the conduct violates any civil or criminal law. All sexual activity between members of the CSU community must be based on Affirmative Consent.
   1. Sexual Misconduct includes, but is not limited to, the following conduct:
      1. an attempt, coupled with the ability, to commit a violent injury on the person of another because of that person’s Gender or Sex,
      2. the intentional touching of another person’s private body parts without Affirmative Consent,
      3. intentionally causing a person to touch the private body parts of another without Affirmative Consent,
      4. using a person’s own private body part to intentionally touch another person’s body without Affirmative Consent,
      5. any unwelcome physical sexual acts, such as unwelcome sexual touching,
      6. using physical force, violence, threat, or intimidation to engage in sexual activity,
      7. ignoring the objections of the other person to engage in sexual activity,
      8. causing the other person’s incapacitation through the use of drugs or alcohol to engage in sexual activity,
      9. taking advantage of the other person’s incapacitation to engage in sexual activity
         • Private body part means the sexual organ, anus, groin, buttocks, or breasts of any person.
         • Sexual activity between a Minor and a person who is at least 18 and two years older than the Minor always constitutes Sexual Misconduct, even if there is Affirmative Consent to all sexual activity. The existence of Affirmative Consent and/or the type of sexual activity may be relevant to the determination of an appropriate Disciplinary Sanction.
         • Persons of all Genders, Gender Identities, Gender Expressions, and Sexual Orientations can be victims of these forms of Sexual Misconduct. Sexual Misconduct can be committed by an individual known to the victim including a person the Complainant may have just met, i.e., at a party, introduced through a friend, or on a social networking website.
         • California law requires the CSU to describe how it will respond to instances of stranger and non-stranger Sexual Assault. The CSU applies the same policies and sanctions for both stranger and non-stranger Sexual Assault.  For the purposes of this Policy, a non-stranger is someone known to the Complainant, whether through a casual meeting or through a longstanding relationship, including a dating or domestic relationship. A stranger is someone unknown to the Complainant at the time of the Sexual Assault.
   2. Sexual activity includes, but is not limited to:
      1. kissing,
      2. touching private body parts
      3. fondling,
      4. intercourse,
      5. penetration, no matter how slight, of the vagina or anus with any part or object,
      6. oral copulation of a sex organ by another person.
   3. Affirmative Consent means an agreement to engage in sexual activity that is informed, affirmative, conscious, voluntary, and mutual. Affirmative Consent must be given freely and without coercion, force, threats, intimidation, or by taking advantage of another person’s incapacitation. It is the responsibility of each person involved in the sexual activity to ensure Affirmative Consent has been obtained from the other participant(s) prior to engaging in the sexual activity.
      1. Affirmative consent is given by clear words or actions. Affirmative consent includes knowledge and agreement to engage in the specific sexual activity.
      2. Affirmative Consent must be ongoing throughout a sexual activity and can be withdrawn or revoked at any time, including after sexual activity begins. Once consent is withdrawn or revoked and clearly communicated, the sexual activity must stop immediately.
      3. Consent to one form of sexual activity or one sexual act does not constitute consent to other forms of sexual activity. Consent given to sexual activity on one occasion does not constitute consent on another occasion.
      4. Affirmative Consent cannot be inferred from an existing or previous dating, social, or sexual relationship between the Parties.
      5. Silence does not mean there is Affirmative Consent.
      6. Lack of protest or resistance does not mean there is Affirmative Consent.
      7. A request for someone to use a condom or birth control does not, in and of itself, mean there is Affirmative Consent.
      8. Affirmative Consent cannot be given by a person who is incapacitated. A person is unable to consent when asleep, unconscious, or incapacitated due to the influence of drugs, alcohol, or medication.
   4. ​​​Incapacitation: A person is incapacitated if they lack the physical and/or mental ability to make informed, rational decisions about whether or not to engage in sexual activity. A person with a medical or mental disability may also lack the capacity to give consent. Incapacitation exists when a person could not understand the fact, nature, or extent of the sexual activity.
      1. It shall not be a valid excuse that a person affirmatively consented to the sexual activity if the Respondent knew or reasonably should have known that the person was unable to consent to the sexual activity under any of the following circumstances:
         • The person was asleep or unconscious;
         • The person was incapacitated due to the influence of drugs, alcohol, or medication, so that the person could not understand the fact, nature, or extent of the sexual activity; or
         • The person was unable to communicate due to a physical or mental condition.
      2. It shall not be a valid excuse that the Respondent believed that the person consented to the sexual activity under either of the following circumstances:
         • The Respondent’s belief in Affirmative Consent arose from the intoxication or recklessness of the Respondent;
         • The Respondent did not take reasonable steps, in the circumstances known to the Respondent at the time, to ascertain whether the person affirmatively consented.
      3. Whether an intoxicated person (as a result of using alcohol, drugs, or medication) is incapacitated will require an individualized determination about the extent to which the alcohol or other drugs impact the person’s decision-making ability, awareness of consequences, and ability to make informed judgments. The level of intoxication may change over a period of time based on a variety of individual factors, including the amount of substance consumed, speed of intake, body mass, height, weight, tolerance, food consumption, drinking patterns, and metabolism. A person’s own intoxication or incapacitation from drugs or alcohol does not diminish that person’s responsibility to obtain Affirmative Consent before engaging in sexual activity.
      4. Incapacitation due to alcohol, drugs or medication is a state of intoxication that is so severe that it interferes with a person’s capacity to make informed and knowing decisions. A person who is incapacitated may not be able to understand where they are, whom they are with, how they got there, or what is happening. Signs that a person may be incapacitated due to the influence of drugs, alcohol, or medication include, but are not limited to, the following:
         • slurred speech or difficulty communicating clearly;
         • clumsiness or lack of physical coordination (e.g., difficulty standing or walking without assistance);
         • impaired motor skills (e.g., eating, drinking, texting);
         • disorientation regarding time and place;
         • difficulty concentrating;
         • vomiting;
         • combativeness or emotional volatility; or
         • sleeping, unconsciousness, or going in and out of consciousness.
      5. Incapacitation may also include memory impairment or an inability to recall entire or partial events (sometimes referred to as “black-out” or “brown-out”). A person may experience this symptom while appearing to be functioning “normally,” including communicating through actions or words that can reasonably and objectively be interpreted as communicating consent to engage in sexual activity. Total or partial loss of memory, alone, may not be sufficient, without additional evidence, to prove that an individual was incapacitated under this Policy. Whether sexual activity under these circumstances constitutes Prohibited Conduct depends on the presence or absence of the outwardly observable factors indicating that an individual is incapacitated, as described above.
      6. In evaluating Affirmative Consent in cases involving incapacitation, the CSU considers the totality of available information in determining whether a Respondent knew or reasonably should have known that the Complainant was incapacitated.

4. Sexual Harassment means unwelcome verbal, nonverbal or physical conduct of a sexual nature that includes, but is not limited to, sexual advances, requests for sexual favors, offering employment benefits or giving preferential treatment in exchange for sexual favors, or any other conduct of a sexual nature. There are two kinds of Sexual Harassment:

1. Quid pro quo: Quid pro quo is Latin for “this for that” and occurs when an Employee, agent, or other person in a position of power conditions an employment or educational benefit or service on submission to sexual advances or other conduct based on sex. Quid pro quo harassment exists when submitting to, or rejecting, the verbal, nonverbal or physical conduct is explicitly or implicitly a basis for:
   1. Any decision affecting a term or condition of the Complainant’s employment; or 
   2. Any decision affecting a Complainant’s academic status or progress, or access to benefits and services, honors, programs, or activities available at or through the University.                                                                                                                  
      OR
2. Hostile environment harassment is unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and so severe, persistent, or pervasive that it limits or denies the Complainant’s ability to participate in or benefit from the CSU’s educational programs, activities, or employment. Hostile environment harassment must either:
   1. Create an intimidating, hostile or offensive work environment; or
   2. Limit a Student’s ability to participate in or benefit from the services, activities, or opportunities offered by the University. Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:
      1. The frequency, nature, and duration of the conduct;
      2. Whether the conduct was physically threatening;
      3. Whether the conduct arose in the context of other discriminatory conduct or other misconduct;
      4. The degree to which the conduct affected the Complainant’s ability to access the CSU’s educational programs, activities or employment;
      5. The Parties’ ages, roles within the CSU’s educational programs or activities, previous interactions, and other factors about each Party that may be relevant to evaluating the effects of the conduct; and
      6. Other Sexual Harassment in the CSU’s educational programs, activities, or employment. Sexual Harassment could include being forced to engage in unwanted sexual contact as a condition of membership in a student organization or in exchange for a raise or promotion; being subjected to video exploitation or a campaign of sexually explicit content; or frequently being exposed to unwanted images of a sexual nature in a work environment, or in a classroom where the images are unrelated to the coursework. Claiming that the conduct was not motivated by sexual desire is not a defense to a Complaint of Sexual Harassment.
   3. Sexual Exploitation means a person taking sexual advantage of another person for the benefit of anyone other than that person without that person’s consent, including, but not limited to, any of the following acts:
      1. The prostituting of another person.
      2. The trafficking of another person, defined as the inducement of a person to perform a commercial sex act, or labor of services, through force, fraud, or coercion.
      3. The recording of images, including video or photograph, or audio of another person’s sexual activity or intimate parts, without that person’s consent.
      4. The distribution of images, including video or photographs, or audio of another person’s sexual activity or private body parts, if the individual distributing the images or audio knows or should have known that the person depicted in the images or audio did not consent to the disclosure. This includes distribution of digitally altered or artificial-intelligence-generated images, video, and audio.
      5. The viewing of another person’s sexual activity or private body parts, in a place where that other person would have a reasonable expectation of privacy, without that person’s consent, for the purpose of arousing or gratifying sexual desire.
   4. Dating Violence means Physical Violence or threat of Physical Violence committed by a person:
      1. who is or has been in a social relationship of a romantic or intimate nature with the Complainant; and
      2. where the existence of such a relationship shall be determined based on a consideration of the following factors:
         1. The length of the relationship.
         2. The type of relationship.
         3. The frequency of interaction between the individuals involved in the relationship.
   5. Domestic Violence means Physical Violence or threat of Physical Violence committed by a current or former spouse or intimate partner of the Complainant, by a person with whom the Complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the Complainant as a spouse or intimate partner, or by a person similarly situated to a spouse of the Complainant. Domestic violence also includes acts against a Minor or adult victim who is protected from those acts under the family or domestic laws of the state.
   6. Stalking means engaging in a Course of Conduct directed at a specific person that would cause a reasonable person to fear for the safety of self or others’ safety or to suffer Substantial Emotional Distress. For purposes of this definition
      1. Course of Conduct means two or more acts, including but not limited to, acts in which one party directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about the other party, or interferes with the other party’s property.
      2. Substantial Emotional Distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.
   7. Prohibited Consensual Relationships include consensual sexual or romantic relationships between an Employee and any Student or Employee over whom they exercise direct or otherwise significant academic, administrative, supervisory, evaluative, counseling, or extracurricular authority.  
      1. A consensual relationship means a sexual or romantic relationship between two individuals who voluntarily enter into such a relationship.
      2. While sexual and/or romantic relationships between members of the University community may begin as consensual, they may evolve into situations that lead to Discrimination, Harassment, Retaliation, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, or Stalking subject to this Nondiscrimination Policy.
      3. It is a violation of this Nondiscrimination Policy for an Employee to enter into a Prohibited Consensual Relationship.
      4. Examples of Prohibited Consensual Relationships include, but are not limited to, a supervisor and an employee in their chain of command; a faculty member and a student enrolled in their class; a counselor and a student they are advising; a resident advisor and a student in their building; a club advisor and club member.
   8. Retaliation is intimidation, coercion, or discrimination against any individual for the purpose of interfering with their exercise of any rights under this Nondiscrimination Policy by:
      1. Reporting or filing a Complaint;
      2. Participating or refusing to participate in any manner in any Policy-related investigation or proceeding, including a hearing;
      3. Opposing conduct which was reasonably and in good faith believed to be in violation of this Nondiscrimination Policy;
      4. Assisting or participating in an investigation or proceeding under this Nondiscrimination Policy, regardless of whether the Complaint was substantiated; or
      5. Assisting someone else in reporting or opposing a violation of this Nondiscrimination Policy or assisting someone else in reporting or opposing Retaliation under this Nondiscrimination Policy.
         • For purposes of this definition, Retaliation includes conduct that would discourage a reasonable person from reporting or participating in a process provided for in this Policy, including threats, intimidation, coercion, reprisals, discrimination, and adverse employment or educational actions.
         • Peer Retaliation, which is defined as Retaliation by one Student against another Student, is also prohibited.
         • Retaliation may occur even when there is not a power or authority differential between the individuals involved.
         • The exercise of rights protected under the First Amendment does not constitute Retaliation prohibited under this definition.
         • Good faith actions lawfully pursued in response to a Complaint, such as gathering evidence, providing Supportive Measures, or disciplining Students or Employees found to be in violation of this Nondiscrimination Policy, without more, are not considered Retaliation.  

B. Title IX (Track 1) Prohibited Conduct

The following definitions of prohibited conduct apply to cases that are determined by the campus Title IX Coordinator as meeting the requirements to proceed under Track 1 attached to this Nondiscrimination Policy.

Sexual Harassment means conduct on the basis of Sex that satisfies one or more of the following: 

1.  An Employee conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct; 
2. Unwelcome conduct determined based on the reasonable person standard to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to an Education Program or Activity.
3. Sexual Assault includes the following: 
   1. Rape is the penetration, or attempted penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the Affirmative Consent of the Complainant. Rape also includes the attempted penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the Affirmative Consent of the Complainant, with the present ability and the intent to commit Rape.
   2. Fondling is the touching of the private body parts of another person for the purpose of sexual gratification, without the Affirmative Consent of the victim, including instances where the Complainant is incapable of giving Affirmative Consent because of their age or because of their temporary or permanent mental incapacity 
   3. Incest is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.  
   4. Statutory Rape is sexual intercourse with a person who is under the age of 18 years, the California statutory age of consent. The definition of Affirmative Consent is that under Article VII.A.3 above. 
4. Dating Violence means physical violence or threat of physical violence committed by a person:
   1. who is or has been in a social relationship of a romantic or intimate nature with the Complainant; and
   2. where the existence of such a relationship shall be determined based on a consideration of the following factors:
      1. The length of the relationship.  
      2. The type of relationship.
      3. The frequency of interaction between the persons involved in the relationship. 
5. Domestic Violence means physical violence or threat of physical violence committed by a current or former spouse or intimate partner of the Complainant, by a person with whom the Complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the Complainant as a spouse or intimate partner, or by a person similarly situated to a spouse of the Complainant.
6. Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to: 
   fear for their safety or the safety of others; or  
   suffer substantial emotional distress. 

Definitions of Capitalized Terms

1. Advisor: An individual chosen by a Party to a Complaint (Complainant or Respondent) to provide support and guidance throughout the process. The Complainant and the Respondent may each elect to be accompanied by one Advisor to any meeting or interview regarding the allegations. The Advisor may be anyone, including a union representative from the Complainant’s or Respondent’s collective bargaining unit, an attorney, or, in the case of the Complainant, a Sexual Assault Victim’s Advocate. The Advisor may not answer questions regarding the subject matter of the investigation for the Complainant or the Respondent. However, the Advisor may observe and consult with the Complainant or Respondent.
2. Age: With respect to Discrimination or Harassment, Age refers to the chronological age of any individual who is 40 years old or older.  Age Discrimination in employment may include hiring, promotion, job assignments, training opportunities, compensation, layoffs, or termination decisions. Age Discrimination in non-employment programs and activities may include admissions, access to programs and activities, treatment in the classroom, or disciplinary action. Age based stereotypes refer to generalized opinions about matters including the qualifications, job performance, health, work habits, and productivity of individuals over 40. With respect to discrimination in non-employment programs and activities, Age means how old a person is, or the number of years from the date of a person’s birth.
   Age is a Protected Status.
3. California State University (CSU) or University means the university campus system of the California State University and the Chancellor’s Office.
4. Campus means any one of the university campuses of the CSU or the Chancellor’s Office.
5. Complainant means a person alleged to have been subjected to conduct that could constitute a violation of this Nondiscrimination Policy, if they have a legal right to act on behalf of such person, or if the Title IX Coordinator/DHR Administrator initiates a Complaint consistent with the requirements of this Nondiscrimination Policy. It also includes any person who is reported to have been impacted by a violation of this Nondiscrimination Policy in cases where some other person has made a report on that person’s behalf (this person may be referred to as the “Impacted Party”). A Complainant may also be called a Party to the Complaint.
6. Complaint means an oral or written report to the Title IX Coordinator/DHR Administrator that objectively can be understood as a request for an investigation and determination about an alleged violation of this Nondiscrimination Policy. The Title IX Coordinator/DHR Administrator will respond to the Complaint in accordance with the Procedures accompanying this Nondiscrimination Policy.
7. Consolidation means the joining or combining the investigation and hearing process for Complaints against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one Party against another Party, when the allegations arise out of the same facts or circumstances. The Consolidation process is subject to the Family Educational Rights and Privacy Act (FERPA) and other applicable privacy laws.
8. Disability means:
   1. Having a physical or mental condition that limits a major life activity. “Limits” means making the achievement of a major life activity difficult without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity. A “major life activity” is broadly construed and includes physical, mental, and social activities (such as walking, talking, seeing, hearing, thinking) and working; or
   2. Having a known history of a qualifying impairment; or
   3. Being regarded or treated as having or having had a qualifying impairment; or
   4. Being regarded or treated as having or having had such an impairment that has no presently disabling effects but may become a qualifying impairment in the future.                                                                                                        
      Disability includes both visible and invisible disabilities, temporary or permanent disabilities, and disabilities that are apparent at birth or develop later in life. Disability includes HIV and AIDS.
      Disability is a Protected Status.
9. Disciplinary Sanctions means consequences imposed on a Respondent following a determination that they violated this Nondiscrimination Policy.
10. Employee means a person legally holding a position in the CSU. This term includes full-time, part-time, permanent, tenured, probationary, temporary, intermittent, casual, and per-diem positions. This term does not include auxiliary or foundation Employees or other Third Parties. Employee also includes individuals who were employed by the CSU at the time the Complaint was filed and have since left the employ of the CSU.
11. Gender encompasses the social and cultural attributes, roles, behaviors, and identities associated with individuals based on their perceived or assigned sex. Important aspects of Gender include Gender Identity and Gender Expression.
    Gender Identity refers to a person’s innate, deeply felt psychological identification of Gender, which may or may not correspond to the person’s sex assigned at birth (the sex originally listed on a person’s birth certificate).
    • Nonbinary is a Gender Identity which falls outside of the Gender binary, meaning an individual does not identify as strictly male or female. A nonbinary person can identify as both or neither male and female, or sometimes one or the other. There are several other terms used to describe Gender Identities outside of the male and female binary such as genderqueer, gender non-conforming, agender, and bigender. Though these terms have slightly different meanings, they refer to an experience of Gender outside of the binary.
    • Transgender (sometimes shortened to Trans or TG) people are those whose Gender Identity differs from the sex they were assigned at birth. A Transgender person may or may not medically transition and may identify as male, female, nonbinary, or another Gender.
    • Gender Expression refers to external characteristics and behaviors that are socially defined as either masculine or feminine, such as dress, grooming, mannerisms, speech patterns, and social interactions. Social or cultural norms can vary widely and some characteristics that may be accepted as masculine, feminine, or neutral in one culture may not be assessed similarly in another.
    • Gender is a Protected Status.
12. Genetic Information means:
    1. The person’s genetic tests.
    2. The genetic tests of the person’s family members.
    3. The manifestation of a disease or disorder in the person’s family members.
    4. Any request for, or receipt of genetic services, or participation in clinical research that includes genetic services, by a person or any person’s family member.
       
       Genetic Information does not include information about the sex or age of any person.
       Genetic Information is a Protected Status
13. Investigator means the person tasked by a Campus with investigating a Complaint. An investigator interviews the Parties and relevant witnesses, reviews documents and physical evidence, analyzes information, makes credibility determinations in appropriate cases, and prepares reports summarizing their findings and conclusions. The Investigator may be the Title IX Coordinator/DHR Administrator or their designee, provided that any designee shall be an MPP Employee or an external consultant. An investigator shall not have any conflicts of interest in the matter under investigation.
14. Marital Status means an individual’s state of marriage, non-marriage, divorce or dissolution, separation, widowhood, annulment, or other marital state, including domestic partnership.
    • Marital Status is a Protected Status.
15. Medical Condition means either of the following:
    1. Any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer; or
    2. Genetic characteristics. For purposes of this section, “genetic characteristics” means either of the following:
       1. Any scientifically or medically identifiable gene or chromosome, or combination or alteration thereof, that is known to be a cause of a disease or disorder in a person or offspring, or that is determined to be associated with a statistically increased risk of development of a disease or disorder, and that is presently not associated with any symptoms of any disease or disorder; or
       2. Inherited characteristics that may derive from the individual or family member, that are known to be a cause of a disease or disorder in a person or offspring, or that are determined to be associated with a statistically increased risk of development of a disease or disorder, and that are presently not associated with any symptoms of any disease or disorder. Medical Condition is a Protected Status.
16. Management Personnel Plan (MPP) Employee means an employee designated as a “management” or “supervisory” employee under the provisions of the Higher Education Employer-Employee Relations Act.
17. Minor means a person younger than 18 years old.
18. Nationality includes citizenship, country of origin, and national origin. It also includes language use restrictions and holding or presenting a driver’s license issued under section 12801.9 of the Vehicle Code
    • Nationality is a Protected Status.
19. Party means a Complainant or Respondent. 
20. Physical Violence means physical conduct that intentionally or recklessly threatens the health and safety of the recipient of the behavior, including assault.  
21. Pregnancy or related conditions mean:
    1. Pregnancy, childbirth, termination of pregnancy, or lactation;
    2. Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or
    3. Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.
       • Pregnancy is a Protected Status.
22. Preponderance of the Evidence is a standard of proof that determines whether alleged conduct more likely than not occurred based on the evidence presented or facts available at the time of the decision. It means that the evidence presented by one Party is more convincing or has greater weight than the evidence presented by the other Party.
23. Protected Status includes Age, Disability (physical or mental), Gender, Gender Identity (including Nonbinary or Transgender), Gender Expression, Genetic Information, Marital Status, Medical Condition, Nationality, Pregnancy or related conditions, Race or Ethnicity (including color, caste, or ancestry), Religion or Religious Creed, Sex (including Sex Stereotyping or Sex Characteristics), Sexual Orientation, and Veteran or Military Status.
24. Race or Ethnicity includes shared ancestry, color, caste, ethnic group identification or characteristics, ethnic background, and citizenship or residency in a country.
    Race or Ethnicity is a Protected Status.
25. Relevant means related to the allegations under investigation as part of the procedures in this Nondiscrimination Policy. Questions are Relevant when they seek evidence that may aid in showing whether or not the alleged conduct occurred, and evidence is Relevant when it may aid a decisionmaker in determining whether or not the alleged conduct occurred. 
26. Religion or Religious Creed includes all aspects of religious belief, observance, and practice, including religious dress and grooming practices (such as wearing religious clothing, head or face covering, jewelry, and artifacts), and includes agnosticism and atheism.
    • Religion or Religious Creed is a Protected Status.
27. Remedies are individualized services offered after the conclusion of the investigation or hearing process where the Respondent has been found responsible. Remedies are provided as appropriate, when reasonably available, and without fee or charge to the Complainant or any other person identified as having equal access to an educational program, activity, or employment limited or denied under this Nondiscrimination Policy. Remedies may include counseling, extensions of deadlines or other course or work-related adjustments, modifications of work or class schedules, Campus escorts, restrictions on contact between the Parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the Campus, and other similar measures. The Title IX Coordinator/DHR Administrator is responsible for determining the reasonableness of the requested Remedy and coordinating the effective implementation of Remedies.
28. Reporting Party means any individual, whether they are mandated or not, who files a report of a possible violation of the Nondiscrimination Policy on behalf of a Complainant. A Reporting Party is not entitled to information about the complaint resolution process. A Reporting Party does not assume the role of the Complainant when the Complainant elects not to participate in the complaint resolution process.
29. Respondent means a person who is alleged to have violated this Nondiscrimination Policy. A Respondent may include the CSU, an Employee, Student, or Third Party.
30. Sex refers to the biological category (male, female, intersex) a person is assigned at birth based on a combination of factors. Sex includes, but is not limited to pregnancy, childbirth, termination of pregnancy, lactation, any related medical conditions, or recovery.
    • Sex Characteristics refer to the outward and inward biological traits and attributes that are typically associated with being male, female, or intersex. These characteristics are determined by a combination of genetic, hormonal, and anatomical factors, such as reproductive or sexual functions.
    • Sex Stereotype means an assumption about a person’s appearance or behavior or about an individual’s ability or inability to perform certain kinds of work based on a myth, social expectation, or generalization about the individual’s sex.
    • Sex is a Protected Status.
31. Sexual Assault Victim’s Advocate refers to Employees or third-party professionals designated to support Complainants reporting Sexual Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, or Stalking. They must be certified and have received specialized training to provide options and assistance, including but not limited to the provision of information about available options in the Complaint, law enforcement, legal, and medical processes, and with emotional and decision-making support. Sexual Assault Victim’s Advocates may serve as the Complainant’s Advisor or Support Person and assist in seeking services. They are committed to maintaining the highest possible level of confidentiality permissible under state and federal law in their communications with the individuals they assist.
32. Sexual Orientation means a person’s identity in relation to the Gender or Genders to which they are sexually or romantically attracted and includes but is not limited to heterosexuality, gay, lesbian, bisexuality, and queer.
    • Sexual Orientation is a Protected Status.
33. Student means an applicant for admission to the CSU, an admitted CSU Student, an enrolled CSU Student, a CSU extended education Student, a CSU Student between academic terms, a CSU graduate awaiting conferral of a degree, a CSU student currently serving a suspension or interim suspension, and a CSU Student who withdraws from the University while a disciplinary matter (including investigation) is pending.
34. Supportive Measures are individualized services offered to the Complainant or Respondent, as appropriate, when reasonably available, not for punitive or disciplinary reasons, and without fee or charge, regardless of whether a Complaint is filed.  Supportive Measures are designed to restore or preserve equal access to CSU education programs, activities, or the workplace without unreasonably burdening the other Party, including to protect the safety of all Parties or the educational or work environment. Supportive Measures provide support to the Complainant or Respondent during the complaint or informal resolution process. Supportive Measures may include counseling, extensions of deadlines or other course or work-related adjustments, modifications of work or class schedules, Campus escorts,  no-contact directives (unilateral or mutual, depending on the circumstances) or restrictions on contact with the other Party, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the Campus, and other similar measures. The Title IX Coordinator/DHR Coordinator is responsible for coordinating the effective implementation of Supportive Measures. Supportive Measures will remain confidential to the greatest extent possible.
35. Support Person means a person who provides emotional support to a Party and may accompany the Party to a hearing as described in the CSU Nondiscrimination Policy - Student Respondent Procedures.
36. Third-Party means a person other than an Employee or a Student. Examples include employees of auxiliary organizations, unpaid interns, volunteers, applicants for employment, independent contractors, vendors, and their employees, and visitors.
37. Title IX means Title IX of the Education Amendments of 1972.
38. Title IX Coordinator/DHR (Discrimination, Harassment, and Retaliation) Administrator means the Management Personnel Plan (MPP) Employee at each Campus who is responsible for administering this Nondiscrimination Policy and coordinating compliance with Title IX, VAWA/Campus SaVE Act, and other related state and federal laws prohibiting Discrimination, Harassment and Retaliation. The Title IX Coordinator/DHR Administrator may delegate tasks to one or more designees, provided that any designee shall be an MPP Employee or an external consultant, and the Title IX Coordinator/DHR Administrator retains overall responsibility and authority.
39. VAWA means the Violence Against Women Reauthorization Act of 2013 (which amends the Jeanne Clery Disclosure of Campus Crimes Statistics Act, commonly known as the Clery Act) (20 U.S.C. 1092(f)), under its Campus Sexual Violence Elimination Act provision (Campus SaVE Act).
40. Veteran or Military Status means service in the armed forces.
    Veteran or Military Status is a Protected Status.
41. Working Days are defined as Monday through Friday, excluding all official holidays or Campus closures where the Complaint originated or at the Chancellor’s Office where an Appeal is reviewed

Academic Freedom and Freedom of Speech

Freedom of expression is a cornerstone of a democratic society and is essential to the educational process. Universities have an obligation to create space that encourages and supports the free expression of ideas, values, and opinions, even when unpopular or controversial. Not every act that may be offensive or insulting constitutes Discrimination or Harassment, as defined by law and this Nondiscrimination Policy.

All members of the Campus community should recognize that the manner in which they choose to express themselves has consequences and that freedom of expression includes a responsibility to acknowledge and respect the right of others to express differing opinions. Freedom of expression is not an absolute right. It coexists with other rights and the need for public order and safety. The exercise of freedom of expression and assembly must comply with all applicable federal, state, and local laws and CSU policy. Conduct that violates this Nondiscrimination Policy, including statements that constitute Discrimination, Harassment, Sexual Harassment, Retaliation or Stalking, is not protected by academic freedom or freedom of expression. When speech activity includes terrorist threats or the promotion of actual or imminent physical violence or bodily harm, it is not protected by the First Amendment to the U.S. Constitution or by this Nondiscrimination Policy.

Who to Contact If You Have Complaints, Questions or Concerns

In compliance with Title IX, the university has appointed a Title IX Coordinator to oversee the university’s efforts to ensure full compliance with Title IX regulations. The Title IX Coordinator serves as a resource for students, employees, and third parties, and is available to provide information and guidance regarding:

• The university’s complaint resolution process, including investigation and hearing procedures;
• The availability of supportive measures-both on and off campus-regardless of whether a formal complaint is filed;
• The option to file a criminal complaint in cases involving sexual misconduct or other criminal behavior;
• How privacy is maintained throughout the process; and
• Other related rights and resources.

If you are experiencing an emergency, please contact law enforcement immediately by calling 9-1-1.

University Title IX Coordinator:

• Kimberly Anderson
• MSR 340, epc@csustan.edu
• (209) 667-3746
• Office hours: 8:00am - 5:00 pm

Interim Deputy TIX/DHR Coordinator:

• Julie Keo
• (209) 667-3746
• Office hours: 8:00am - 5:00pm 

University Police Department

• Campus Services Building, public_safety@csustan.edu
• (209) 667-3114

Resources: The following resources may be available to support you:

On Campus - Confidential 

Stanislaus State Psychological Counseling Services: Counseling services are available, free of charge, to currently enrolled students & extended education students at CSU-Stan. 

Student Services Annex Bldg. 

Office SSXI.1  

Turlock, CA 95382 

Office: (209) 667-3381 

Crisis & After-Hours Services: (209) 667-3381 (when prompted, dial 2 to be connected to a crisis counselor).  This is to be used for crisis situations and after-hours when the Psychological Counseling Services office is closed. 

Crisis Text Line: Text HOME to 741-741  

Stanislaus State Student Health Center**: A fully accredited outpatient clinic that provides primary medical care, health education, wellness promotion, and disease prevention to students at CSU-Stan. 

One University Circle 

Health Center Bldg.  

Turlock, CA 95382 

Office: (209) 667-3396 

Pharmacy: (209) 667-3622 

Hours: Monday-Friday, 8:15 am-4:15 pm 

After-Hours Nurse Advice Line: (800) 258-1625 

** Generally, under CA law, healthcare providers are required to report to local law enforcement if they provide medical services to a person suffering from a wound or other physical injury resulting from assaultive or abusive conduct (including Rape, Sexual Assault, and Dating and Domestic Violence). For additional information, see VII.C.1 - Duty to Report, of the Nondiscrimination Policy. 

Off Campus - Confidential 

HAVEN (Healthy Alternatives to Violent Environments) Offers free confidential support services for survivors of Domestic Violence, Sexual Assault, and Human Trafficking, including advocacy, counseling and support, safety planning, assistance with restraining orders, 24-hour trauma response, and emergency shelter, in addition to other services. 

24-hour Crisis Line: (209) 577-5980 

Phone: (209) 524-4331 

Two Locations:  

• 301 Starr Avenue Turlock, CA 95382 
• 618 13th Street Modesto, CA 95354 

Stanislaus Family Justice Center: Supports victims and survivors of intimate partner violence and abuse through coordinated services, including advocacy, counseling, and safety planning, among other services. 

1481 J Street 

Modesto, CA 95354 

Phone: :(209) 525-5130  

PREVAIL 

620 N. San Joaquin Street 

Stockton, CA 95202 

Phone: (209) 941-2611

Domestic Violence Hotline: (209) 465-4878  

24/7 hotline: (209) 722-4357  

Sexual Assault Hotline: (209) 465-4997 

Valley Crisis Center 

1960 P Street 

Merced, CA 95340 

Phone: (209) 725-7900 

24/7 hotline: (209) 722-4357 

National Sexual Violence Resource Center (NSVRC)  

RAINN National Sexual Assault Hotline: 1-800-656-HOPE (4673) 

National Dating Violence Hotline: 1-866-331-9474 or text LOVEIS to 22522 

National Domestic Violence Hotline: 1-800-799-7233

On Campus 

Dean of Students (DOS) The DOS Team can work with students to ensure they have access to appropriate resources support on campus, including by facilitating appropriate supportive measures for students participating in investigation processes under the Nondiscrimination Policy. Some potential supportive measures include: course or work-related adjustments or extensions, modifications of work or class schedules, changes in work or housing locations, and/or leaves of absence, among others.  

Mary Stuart Rogers, MSR 180 

(209) 667-3177 

dos@csustan.edu 

Law Enforcement 

You are encouraged, but not required, to report to law enforcement any allegations that could constitute criminal behavior. The University’s procedures under the CSU Nondiscrimination Policy are administrative in nature and are separate and distinct from criminal (and civil) legal systems. Seeking resolution through the University’s procedures does not prevent someone from taking legal action now or later (these processes can also take place at the same time). EPC and/or the Dean of Students Office can also assist you in reporting; please let us know if you would like assistance with this. 

Please contact law enforcement [call 911] regarding any ongoing concerns about your physical safety.  

Additionally, the RAINN website includes helpful information about evidence gathering and the criminal process for reports of sexual violence  

University Police: 

Stanislaus State University Police Department 

One University Circle 

Campus Services Building 

Turlock, CA 95382 

www.csustan.edu/upd 

PublicSafety@csustan.edu 

Emergency Phone: 911  

Non-Emergency Phone: (209) 667-3114  

Local Police: 

Turlock Police Department  

44 North Broadway 

Turlock, CA 95380 

Phone: (209) 668-5550 

Stockton Police Department  

22 E Market Street 

Stockton, CA 95202 

Phone: (209) 937-8495 

Stockton Securitas Security (Non-police response) 

Motor Patrol: (209) 715-0740 

Foot Patrol: (209) 401-6931 

U.S. Department of Education, Office for Civil Rights (OCR):

(800) 421-3481 (National Headquarters), or (800) 877-8339 (TDD) or ocr@ed.gov (National Headquarters) or (415) 486-5555 (California Office) or ocr.sanfrancisco@ed.gov (California office)

If you wish to fill out a complaint form online with the OCR, you may do so using the OCR Electronic Complaint Form.

Title IX requires the University to adopt and publish complaint procedures that provide for prompt and equitable resolution of gender discrimination complaints, including sexual harassment and misconduct as well as provide training, education and preventive measures related to sex discrimination. The CSU Policy Prohibiting Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking and Retaliation (Nondiscrimination Policy) or any successor executive order-serves as the systemwide procedure for handling all complaints of discrimination, harassment, or retaliation filed by students against the CSU, its employees, other students, or third parties.

Except as otherwise noted under the confidentiality provisions related to sexual misconduct, dating violence, domestic violence, and stalking, any university employee who knows of, or reasonably suspects, a violation of university policy is required to promptly notify the Title IX Coordinator. This includes disclosing all relevant information, such as the names of the individuals involved, even when a request for confidentiality has been made. The Title IX Coordinator will assess whether confidentiality can be maintained, considering the specifics of each situation (see “Confidential Reporting Options” below for more details).

Regardless of whether a formal complaint is submitted, if the university knows or has reason to know of potential gender-based discrimination, harassment, or misconduct, it is obligated to assess the situation and determine whether an investigation is warranted. In all cases, the university must take appropriate action to eliminate the conduct, prevent its recurrence, and remedy its effects.

Safety of the Campus Community is Primary

The university’s primary concern is the safety of its campus community members. The use of alcohol or drugs never makes the victim at fault for gender discrimination, harassment or sexual misconduct; therefore, victims should not be deterred from reporting incidents of sexual misconduct out of a concern that they might be disciplined for related violations of drug, alcohol or other university policies. Except in extreme circumstances, victims of sexual misconduct shall not be subject to discipline for related violations of the Student Conduct Code.

Information Regarding Campus, Criminal and Civil Consequences of Committing Acts of Sexual Violence

Individuals alleged to have committed sexual misconduct may face criminal prosecution by law enforcement and may incur penalties as a result of civil litigation. In addition, students may face discipline at the university, up to including suspension or expulsion and withholding of their degrees. Employees may face sanctions up to and including suspension, demotion or dismissal from employment, pursuant to established CSU policies and provisions of applicable collective bargaining unit agreements.

Students who are charged by the University with gender discrimination, harassment or misconduct will be subject to discipline, pursuant to the California State University Student Conduct Procedures The CSU Policy Prohibiting Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking and Retaliation (Nondiscrimination Policy) (or any successor executive order) and will be subject to appropriate sanctions. In addition, during any investigation, the University may implement interim measures in order to maintain a safe and non-discriminatory educational environment. Such measures may include but not be limited to: immediate interim suspension from the University; a required move from university-owned or affiliated housing; adjustments to course schedule; and/or prohibition from contact with parties involved in the alleged incident. 

Confidentiality and Sexual Violence, Dating Violence, Domestic Violence and Stalking

The University encourages victims of sexual misconduct, dating violence, domestic violence, or stalking (collectively sexual misconduct) to talk to someone about what happened - so they can get the support they need, and so the University can respond appropriately.

Privileged and Confidential Communications

Physicians, Psychotherapists, Professional Licensed Counselors, Licensed Clinical Social Workers and Clergy - Physicians, psychotherapists, professional, licensed counselors, licensed clinical social workers, and clergy who work or volunteer on or off campus, acting solely in those roles or capacities as part of their employment, and who provide medical or mental health treatment or counseling (and those who act under their supervision, including all individuals who work or volunteer in their centers and offices) may not report any information about an incident of sexual misconduct to anyone else at the University, including the Title IX Coordinator, without the victim’s consent. A victim can seek assistance and support from physicians, psychotherapists, professional, licensed counselors, licensed clinical social workers, and clergy without triggering a University investigation that could reveal the victim’s identity or the fact of the victim’s disclosure. However, see limited exceptions below regarding when health care practitioners must report to local law enforcement agencies. Health care practitioners should explain these limited exceptions to victims, if applicable.

Sexual Assault and Domestic Violence Counselors and Advocates - Sexual assault and domestic violence counselors and advocates who work or volunteer on or off campus in sexual assault centers, victim advocacy offices, women’s centers, and health centers and who are acting solely in that role (including those who act in that role under their supervision, along with non-professional counselors or advocates who work or volunteer in sexual assault centers, victim advocacy offices, women’s centers, gender equity centers, or health centers) may talk to a victim without revealing any information about the victim and the incident of sexual misconduct to anyone else at the University, including the Title IX Coordinator, without the victim’s consent. A victim can seek assistance and support from these counselors and advocates without triggering a University investigation that could reveal his/her identity or that a victim disclosed an incident to them. However, see limited exceptions below regarding when sexual assault and domestic violence counselors and advocates must report to local law enforcement agencies. Counselors and advocates should explain these limited exceptions to victims, if applicable.

The University will be unable to conduct an investigation into a particular incident or pursue disciplinary action against a perpetrator if a victim chooses to (1) speak only to a physician, professional licensed counselor, licensed clinical social worker, clergy member, sexual assault counselor, domestic violence counselor or advocate; and (2) maintain complete confidentiality. Even so, these individuals will assist victims in receiving other necessary protection and support, such as victim advocacy, disability, medical/health or mental health services, or legal services, and will advise victims regarding their right to file a Title IX complaint with the University and a separate complaint with local or University police. If a victim insists on confidentiality, such professionals, counselors and advocates will likely not be able to assist the victim with: University academic support or accommodations; changes to University-based living or working schedules; or adjustments to course schedules. A victim who at first requests confidentiality may later decide to file a complaint with the University or report the incident to the police, and thus have the incident fully investigated. These counselors and advocates can provide victims with that assistance if requested by the victim. These counselors and advocates will also explain that Title IX includes protections against retaliation, and that the University will not only take steps to prevent retaliation when it knows or reasonably should know of possible retaliation, but will also take strong responsive action if retaliation occurs.

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 he or she provides medical services for a physical condition to a patient/victim who he or she 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 (including sexual misconduct, domestic violence, and dating violence). 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 professionals described above (physicians, psychotherapists, professional counselors, licensed clinical social workers, 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. These professionals 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 prevent the threatened danger; or (2) to the court if compelled by court order or subpoena in a criminal proceeding related to the sexual violence incident. If applicable, these professionals will explain this limited exception to victims.

Reporting to University or Local Police

If a victim reports to local or university police about sexual misconduct crimes, the police are required to notify victims that their names will become a matter of public record unless confidentiality is requested. If a victim requests that their identity be kept confidential, their name will not become a matter of public record. However, even if the victim requests confidentiality of identity, the University Police should specifically ask the victim if the victim’s name can be provided to the Title IX Office so that the Title IX Coordinator can contact the victim to discuss supportive measures that can be offered. If a victim gives consent to law enforcement to provide their name to the Title IX Coordinator, their name will not become a matter of public record. Even if a victim does not give the police permission to provide their name to the Title IX Coordinator, University police will report the facts of the incident itself to the Title IX Coordinator being sure not to reveal to the Title IX Coordinator victim names/identities or compromise their own criminal investigation. The university is required by the federal Clery Act to report certain types of crimes (including certain sex offenses) in statistical reports. However, while the university will report the type of incident in the annual crime statistics report known as the Annual Security Report, victim names/identities will not be revealed.

Annual Security Report

Pursuant to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, the Annual Security Report (ASR), is now available for viewing at the Annual Security Report webpage. The ASR contains the current security and safety-related policy statements, emergency preparedness and evacuation information, crime prevention and sexual assault prevention information, and drug and alcohol prevention programming. The ASR also contains statistics of Clery Act crimes for Stanislaus State for the previous three years. A paper copy of the ASR is available upon request by contacting the Clery Director located at One University Circle, Turlock, CA 95382, or by calling 209-667-3745.

Reporting to the Title IX Coordinator and Other University Employees

Most university employees are required to report incidents of sexual misconduct when they become aware of them. When a victim shares information with the Title IX Coordinator or another university employee, the university is obligated to respond promptly, investigate the matter thoroughly, and seek a fair resolution.

The university strongly encourages all victims of sexual misconduct to report directly to the campus Title IX Coordinator. As outlined in the “Privileged and Confidential Communications” section of this policy, all university employees-except for physicians, licensed professional counselors, licensed clinical social workers, and sexual assault counselors or advocates-must report all known details of any incident, including the names of the victim(s) and perpetrator(s), witnesses, and relevant facts such as the date, time, and location.

To help individuals make an informed decision about who they would like to share information with, the information below explains which CSU employees have a duty to report information they learn and which can keep such information confidential.

A. Employees Who Have a Duty to Report: Except as provided below, any Employee who knows or has reason to know of incidents that may violate this Nondiscrimination Policy has a duty to promptly report to the Title IX Coordinator/DHR Administrator, who are the Campus officials designated to receive these reports. These Employees are known as Responsible Employees and are required to disclose all information available, including the names of the Parties involved, even where the person has requested anonymity. Responsible Employees include, but are not limited to, Employees who have responsibilities for administrative leadership, teaching, or advising in any education program or activity for the CSU or who have the authority to take corrective actions in responding to Complaints from Students.

B. Employees Who Do Not Have a Duty to Report: Except as required by law (described in section C), the Employees identified below generally do not have a duty to report to the Title IX Coordinator/DHR Administrator. Employees covered by this section are required to explain to persons reporting Discrimination, Harassment, Sexual Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, or Retaliation their rights and options with respect to confidentiality, how to contact the Title IX Coordinator/DHR Administrator, how to make a Complaint, and how the Title IX Coordinator/DHR Administrator can help, and provide the specific reporting resources outlined in Attachment D. This obligation extends to incidents that occur on or off Campus. 

• Physicians, psychotherapists, professional licensed counselors, licensed clinical social workers, and clergy who work on or off Campus, acting solely in those roles or capacities as part of their employment, in the provision of medical or mental health treatment or counseling (and those who act under their supervision, including all individuals who work or volunteer in these centers and offices).
• Sexual assault and domestic violence counselors and advocates who work or volunteer on or off Campus in sexual assault centers, victim advocacy offices, women’s centers, and health centers and who are acting solely in that role (including those who act in that role under their supervision, along with non-professional counselors or advocates who work or volunteer in sexual assault centers, victim advocacy offices, women’s centers, gender equity centers, or health centers) in the provision of counseling or advocacy services.
• A CSU union representative is not required to report a possible violation of this Nondiscrimination Policy 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 union representatives are strongly encouraged to report the information to the Title IX Coordinator/DHR Administrator.                                                                                                                                                                                                                                   

The Campus will be unable to investigate a particular incident or pursue disciplinary action if an individual chooses to: (1) speak only to a physician, professional counselor, clergy member, sexual assault counselor, domestic violence counselor or advocate; and, (2) maintain complete confidentiality. Even so, these individuals will receive assistance in obtaining other necessary protection and support, such as victim advocacy, disability, medical/health or mental health services, and information regarding their right to make a Complaint to the Campus and a separate Complaint with local or University Police. 

C.   Exceptions to Duty to Report:

1. 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 they provide medical services for a physical condition to a person who they know or reasonably suspects is suffering from: (1) a wound or physical injury inflicted by a firearm; or (2) any wound or other physical injury where the injury is the result of assaultive or abusive conduct (including Rape, Sexual Assault, and Dating and Domestic Violence).  This exception does not apply to sexual assault and domestic violence counselors and advocates. Health care practitioners should explain this limited exception, if applicable.

2. Additionally, under California law, all professionals described above (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 Minors to local law enforcement in accordance with the CSU’s Policy on Mandatory Reporting of Child Abuse and Neglect. ¹ These professionals will explain this limited exception, if applicable.

3. 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 prevent the threatened danger, ² or (2) to the court if compelled by court order or subpoena in a criminal proceeding related to Sexual Misconduct, Dating or Domestic Violence, or Stalking. ³  If applicable, these professionals will explain this limited exception.

D.   Other Matters Related to the Duty to Report:

1.  Athletic Trainers. Where matters involving Discrimination (based on any Protected Status), Harassment (based on any Protected Status), Sexual Misconduct, Sexual Harassment, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, Prohibited Consensual Relationships, or Retaliation are reported to an Athletic Trainer, the Athletic Trainer must report such incidents to the Title IX Coordinator/DHR Administrator.

2. Campus Ombuds. Where matters involving Discrimination (based on any protected status), Harassment (based on any protected status), Sexual Misconduct, Sexual Harassment, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, Prohibited Consensual Relationships, or Retaliation are reported to a Campus Ombuds, the Ombuds must report such incidents to the Title IX Coordinator/DHR Administrator.

3. Student Employees, including Residential Advisors. Residential Advisors, and other Employees who are also Students, have a duty to report knowledge of misconduct when they learn about such information while they are performing their duties of employment for the institution.

4. University Police. Employees of the University Police Department have a duty to report to the Title IX Coordinator/DHR Administrator any time they know or have reason to know of incidents that may violate this Nondiscrimination Policy, so that the Title IX Coordinator or DHR Administrator can carry out their duties under the law and under this Nondiscrimination Policy. At a minimum, the information to be reported includes all the information authorized to be disclosed under the law in response to records requests, but without requiring a formal request.⁴  Such information includes but is not limited to the time, substance, and location of all complaints or requests for assistance received by University Police and the time and nature of the response thereto, including, to the extent the information regarding crimes alleged or committed or any other incident investigated is recorded, the time, date, and location of occurrence, the time and date of the report, the name and age of the victim, the factual circumstances surrounding the crime or incident, the identity of the alleged perpetrator, and a general description of any injuries, property, or weapons involved.⁵

a. For certain sex offenses⁶ the victim has the right to affirmatively request from University Police, after being informed of their options, that the victim’s identity remain confidential. However, even if the victim requests confidentiality of identity, the University Police should specifically ask the victim if the victim’s name can be provided to the Title IX Office so that the Title IX Coordinator can contact the victim to discuss supportive measures that can be offered. And in all cases, even when the victim requests confidentiality, the identity of the alleged perpetrator (if known) must be reported to the Title IX Coordinator.

b. If Campus management designees identified in CSU Clery policy determine that the Respondent poses a discernible serious or ongoing threat to the Campus community, a timely warning will be issued in accordance with the Clery Act. Any such warning will not include any information that identifies the victim. 

c. University Police are strongly encouraged to have regular meetings with the Title IX Coordinator/DHR Administrator to discuss strategies to ensure that victims are fully apprised of their rights and options under the law and under this Nondiscrimination Policy.

Information shared with the Title IX Coordinator or other responsible employees will only be disclosed to those handling the university’s response, in line with privacy standards. The university is committed to protecting the privacy of all individuals involved, unless disclosure is required by law or policy. While sensitive information is treated as confidential, some details may need to be disclosed under public records laws. In such cases, the university will take steps to redact personal information whenever possible to protect the identities of those involved.

Importantly, unless otherwise required, no university employee-including the Title IX Coordinator-will share a victim’s identity with law enforcement without the victim’s consent or unless the victim has already reported the incident to the police.

If a victim requests that their identity remain confidential, or that no investigation or disciplinary action be taken, the Title IX Coordinator will explain that while the university will consider the request, it cannot guarantee complete confidentiality. The university must balance the victim’s wishes with its responsibility to provide a safe, non-discriminatory environment for all students, employees, and third parties.

The Title IX Coordinator will assess whether full confidentiality or limited action is possible, based on the specific facts and legal obligations of the case. If the university does not have the victim’s identity, its ability to investigate or take disciplinary action may be significantly limited.

For more details about confidential reporting and related policies, visit: https://calstate.policystat.com/policy/17650729/latest/#autoid-am97n

Additional Resources

Stanislaus State’s sexual misconduct prevention and education statement, which includes facts and myths about sexual misconduct, at https://www.csustan.edu/epc/discrimination-harassment-misconduct-or-violence-based-gender-title-ix-rights

• U.S. Department of Education, regional office:
     Office for Civil Rights
     50 United Nations Plaza
     San Francisco, CA 94105
     (415) 486-5555
     TDD (877) 521-2172
• U.S. Department of Education, national headquarters:
     Office for Civil Rights (800) 421-3481
      TDD (800) 877-8339
      OCR@ed.gov
• California Coalition Against Sexual Assault
     1215 K. Street, Suite 1850
     Sacramento, CA 95814
     (916) 446-2520

           California Coalition Against Sexual Assault Website
 

• Domestic and Family Violence, Office of Justice Programs, United States Department of Justice: Intimate Partner Violence
   
• National Institute of Justice: Intimate Partner Violence, Office of Justice Programs, United States Department of Justice
   
• National Domestic Violence Hotline Website and phone number 1-800-799-SAFE (7233)
   
• Office of Violence against Women, United States Department of Justice
   
• Centers for Disease Control and Prevention: Intimate Partner Violence
  ​

• Local Community Resource Information:

Women’s Haven Center
301 Starr Avenue
Turlock, CA 95382

24-Hour Crisis Line: (209) 577-5980

Business Line: (209) 524-4331
Office Hours: 8:30 am - 4:30 pm
 https://www.havenstan.org/

Student Complaint Procedure (Complaints Regarding the CSU)

The California State University (CSU) takes complaints and concerns regarding the institution very seriously. If you have a complaint regarding the CSU, you may present your complaint as follows:

1. If your complaint concerns CSU’s compliance with academic program quality and accrediting standards, you may present your complaint on the Western Association of Schools and Colleges (WASC) website. WASC is the agency that accredits the CSU’s academic program. If you believe that your complaint warrants further attention after you have exhausted all the steps outlined by WASC, you may file an appeal with the Assistant Vice Chancellor, Academic and Student Affairs at the CSU Chancellor’s Office.
2. If your complaint concerns an alleged violation by CSU of any law that prohibits discrimination, harassment or retaliation based on a protected status (such as age, disability, gender (or sex), gender identity, gender expression, nationality, race or ethnicity (including color, caste or ancestry), religion or veteran or military status), you may present your complaint as described in Section XVI (Nondiscrimination Policy).
3. If your complaint concerns an alleged violation by the CSU of other state law, including laws prohibiting fraud and false advertising, you may present your complaint to the university president or designee. See Procedure for Student Complaints-Executive Order No. 1063 for details regarding the complaint requirements and complaint process.
4. Other complaints regarding the CSU may be presented to the university dean of students, who will provide guidance on the appropriate university process for addressing your particular issue.

If you believe that your complaint warrants further attention after you have exhausted all the steps outlined by the university, or by WASC, you may file an appeal with the Assistant Vice Chancellor, Academic and Student Affairs (or designee) at the CSU Chancellor’s Office.

This procedure should not be construed to limit any right that you may have to take legal action to resolve your complaint.

Career Placement

The Career Services Center and/or Center for University Advancement may furnish, upon request, information about the employment of students who graduate from programs or courses of study preparing students for a particular career field. Data provided must be in a form that does not allow for the identification of any individual student. This information includes data concerning the average starting salary and the percentage of previously enrolled students who obtained employment.

The information may include data collected from graduates of the university or graduates of all universities in the California State University system.

Student Conduct

Title 5, California Code of Regulations, §41301. Standards for Student Conduct

Campus Community Values

The University is committed to maintaining a safe and healthy living and learning environment for students, faculty, and staff. Each member of the campus community should choose behaviors that contribute toward this end. Students are expected to be good citizens and to engage in responsible behaviors that reflect well upon their university, to be civil to one another and to others in the campus community, and contribute positively to student and university life.

Grounds for Student Discipline

Student behavior that is not consistent with the Student Conduct Code is addressed through an educational process that is designed to promote safety and good citizenship and, when necessary, impose appropriate consequences. The following are the grounds upon which student discipline can be based:

1. Dishonesty, including:
   1. Cheating, plagiarism, or other forms of academic dishonesty that are intended to gain unfair academic advantage.
   2. Furnishing false information to a University official, faculty member, or campus office.
   3. Forgery, alteration, or misuse of a University document, key, or identification instrument.
   4. Misrepresenting one’s self to be an authorized agent of the University or one of its auxiliaries.
2. Unauthorized entry into, presence in, use of, or misuse of University property.
3. Willful, material and substantial disruption or obstruction of a University-related activity, or any on-campus activity.
4. Participating in an activity that substantially and materially disrupts the normal operations of the University, or infringes on the rights of members of the University community.
5. Willful, material and substantial obstruction of the free flow of pedestrian or other traffic, on or leading to campus property or an off-campus University related activity.
6. Disorderly, lewd, indecent, or obscene behavior at a University related activity, or directed toward a member of the University community.
7. Conduct that threatens or endangers the health or safety of any person within or related to the University community, including physical abuse, threats, intimidation, harassment, or sexual misconduct.
8. Hazing or conspiracy to haze. Hazing is defined as any method of initiation or pre-initiation into a student organization or student body, whether or not the organization or body is officially recognized by an educational institution, which is likely to cause serious bodily injury to any former, current, or prospective student of any school, community college, college, university or other educational institution in this state (Penal Code 245.6), and in addition, any act likely to cause physical harm, personal degradation or disgrace resulting in physical or mental harm, to any former, current, or prospective student of any school, community college, college, university or other educational institution. The term “hazing” does not include customary athletic events or school-sanctioned events. Neither the express or implied consent of a victim of hazing, nor the lack of active participation in a particular hazing incident is a defense. Apathy or acquiescence in the presence of hazing is not a neutral act, and is also a violation of this section.
9. Use, possession, manufacture, or distribution of illegal drugs or drug- related paraphernalia, (except as expressly permitted by law and University regulations) or the misuse of legal pharmaceutical drugs.
10. Use, possession, manufacture, or distribution of alcoholic beverages (except as expressly permitted by law and University regulations), or public intoxication while on campus or at a University related activity.
11. Theft of property or services from the University community, or misappropriation of University resources.
12. Unauthorized destruction or damage to University property or other property in the University community.
13. Possession or misuse of firearms or guns, replicas, ammunition, explosives, fireworks, knives, other weapons, or dangerous chemicals (without the prior authorization of the campus president) on campus or at a University related activity.
14. Unauthorized recording, dissemination, or publication of academic presentations (including handwritten notes) for a commercial purpose.
15. Misuse of computer facilities or resources, including:
    1. Unauthorized entry into a file, for any purpose.
    2. Unauthorized transfer of a file.
    3. Use of another’s identification or password.
    4. Use of computing facilities, campus network, or other resources to interfere with the work of another member of the University community.
    5. Use of computing facilities and resources to send obscene or intimidating and abusive messages.
    6. Use of computing facilities and resources to interfere with normal University operations.
    7. Use of computing facilities and resources in violation of copyright laws.
    8. Violation of a campus computer use policy.
16. Violation of any published University policy, rule, regulation or presidential order.
17. Failure to comply with directions or interference with, any University official or any public safety officer while acting in the performance of his/her duties.
18. Any act chargeable as a violation of a federal, state, or local law that poses a substantial threat to the safety or well-being of members of the University community, to property within the University community or poses a significant threat of disruption or interference with University operations.
19. Violation of the Student Conduct Procedures, including:
    1. Falsification, distortion, or misrepresentation of information related to a student discipline matter.
    2. Disruption or interference with the orderly progress of a student discipline proceeding.
    3. Initiation of a student discipline proceeding in bad faith.
    4. Attempting to discourage another from participating in the student discipline matter.
    5. Attempting to influence the impartiality of any participant in a student discipline matter.
    6. Verbal or physical harassment or intimidation of any participant in a student discipline matter.
    7. Failure to comply with the sanction(s) imposed under a student discipline proceeding.
20. Encouraging, permitting, or assisting another to do any act that could subject him or her to discipline.

C. Procedures for Enforcing This Code

The Chancellor shall adopt procedures to ensure students are afforded appropriate notice and an opportunity to be heard before the University imposes any sanction for a violation of the Student Conduct Code. [Note: At the time of publication, such procedures are set forth in the California State University Student Conduct Procedures Policy (Revised October 6, 2023).

D. Application of This Code

Sanctions for the conduct listed above can be imposed on applicants, enrolled students, students between academic terms, graduates awaiting degrees, and students who withdraw from school while a disciplinary matter is pending. Conduct that threatens the safety or security of the campus community, or substantially disrupts the functions or operation of the University is within the jurisdiction of this Article regardless of whether it occurs on or off campus. Nothing in this Code may conflict with Education Code Section 66301 that prohibits disciplinary action against students based on behavior protected by the First Amendment.

Title 5, California Code of Regulations, § 41302.  Disposition of Fees: Campus Emergency; Interim Suspension.

The President of the campus may place on probation, suspend, or expel a student for one or more of the causes enumerated in Section 41301. No fees or tuition paid by or for such student for the semester, quarter, or summer session in which he or she is suspended or expelled shall be refunded. If the student is readmitted before the close of the semester, quarter, or summer session in which he or she is suspended, no additional tuition or fees shall be required of the student on account of the suspension.

During periods of campus emergency, as determined by the President of the individual campus, the President may, after consultation with the Chancellor, place into immediate effect any emergency regulations, procedures, and other measures deemed necessary or appropriate to meet the emergency, safeguard persons and property, and maintain educational activities.

The President may immediately impose an interim suspension in all cases in which there is reasonable cause to believe that such an immediate suspension is required in order to protect lives or property and to insure the maintenance of order. A student so placed on interim suspension shall be given prompt notice of charges and the opportunity for a hearing within 10 days of the imposition of interim suspension. During the period of interim suspension, the student shall not, without prior written permission of the President or designated representative, enter any campus of the California State University other than to attend the hearing. Violation of any condition of interim suspension shall be grounds for expulsion.

Use of Social Security Number

Applicants are required to include their correct social security numbers in designated places on applications for admission pursuant to the authority contained in Section 41201, Title 5, California Code of Regulations, and Section 6109 of the Internal Revenue Code (26 U.S.C. 6109). The University uses the social security number to identify students and their records including identification for purposes of financial aid eligibility and disbursement and the repayment of financial aid and other debts payable to the institution. Also, the Internal Revenue Service requires the University to file information returns that include the student’s social security number and other information such as the amount paid for qualified tuition, related expenses, and interest on educational loans. This information is used by the IRS to help determine whether a student, or a person claiming a student as a dependent, may take a credit or deduction to reduce federal income taxes. The Financial Aid Office will also use it to report Federal Work Study earnings to the Federal Department of Education.