Printable Version of Our Annual Security Report (PDF, 1.18MB)

Resources for Campus Security Authorities (CSA)

2017 Annual Security Report

Jeanne Clery Disclosure of Campus Security Policies & Crime Statistics Act (20 U.S.C.§ 1092(F))

Message from the President

Welcome to this year’s Annual Security Report, which is prepared pursuant to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act.  This report contains 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.  It also contains statistics of reported Clery Act crimes at CSU Channel Islands for the three previous years.

The safety and security of our campus is a shared responsibility.  CSU Channel Islands has historically enjoyed a very low crime rate, and we must all continue to work together to maintain the safe and secure environment we have come to appreciate.  Let’s all look out for one another, reduce opportunities for crime, and immediately report suspicious or criminal activity to the University police.  In partnership with campus public safety personnel, a well-informed and alert community is critical to ensuring our continued success.

 If you have questions or concerns regarding any information in this report or if you would like a printed copy, please contact the University’s Police Department at 805-437-8444, police@csuci.edu, or stop by the office located in Placer Hall on University Drive. 

Working together, CSU Channel Islands will remain a wonderful place to live, work, and learn.

Erika D. Beck
President

Preparation of the Annual Security Report

Officials assigned to the University Police Department prepare this report to comply with the Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act.  This report is prepared in cooperation with the local law enforcement agencies surrounding our main campus and alternate sites, Housing and Residential Education, the Division of Student Affairs, the Dean of Students, the Title IX Coordinator, Human Resources, and Faculty Affairs.  Each entity provides updated information on their educational efforts and programs necessary to ensure compliance with the Act.

Crime Statistics

crime stats main campus

crime stats thousand oaks campus 2017

crime stats goleta campus 2017

Reporting Criminal Actions & Emergencies

Mandated Reporting

While University employees are generally encouraged to report non-emergency criminal actions to University Police there are two situations when employees must report suspected criminal activity.

 The first is whenever an employee, in his/her professional capacity or within the scope of his/her employment, has knowledge of or observes a child (i.e., a person under the age of 18 years) whom the employee knows, or reasonably suspects, to have been the victim of child abuse or neglect.  In such a situation the employee must report the incident to University Police.

 The second is when the employee becomes aware of relevant details about any sexual violence incident.  Employees, except physicians, licensed counselors, sexual assault counselors and advocates, must report to the Title IX Coordinator all relevant details about any sexual violence incidents of which they become aware.

Other Resources

Title IX Coordinator
Lindero Hall, Room 2753
805-437-3608
 
AVP for Student Affairs & Dean of Students
Bell Tower East, Room 2568
805-437-3218
 
AVP for Student Affairs – Wellness & Athletics
Bell Tower East, Room 1752
805-437-8547
 
AVP for Human Resources
Lindero Hall, Room 2801
805-437-8490
 
AVP for Student Affairs – Housing & Residential Education and Associated Students Inc.
Santa Cruz Village, E150
805-437-2733
 
Director of CI’s Thousand Oaks Campus
501 Marin Street, Suite 200
Thousand Oaks, CA
805-497-3791
 
Director of CI’s Goleta Campus
5383 Hollister Ave, Suite 220
Goleta, CA
 
Timely Warnings
 

The university will issue a timely warning as soon as pertinent information is available when a Clery reportable crime is reported to UPD or a designated campus security authority, occurred in a Clery defined geographical area, and a case by case analysis of pertinent facts known is completed and a determination is made an on-going or continuing threat to the community exists.

 The Chief of Police is responsible for the decision to issue a timely warning (or a management designee in the absence of the Chief) and will confer with the Clery Director if one is designated by the campus and available, upon receiving a report of an incident reported to a CSA and/or UPD. The Chief of Police, with the Clery Director if one is appointed and is available, will complete a case by case analysis utilizing open communication and collaboration analyzing the reported crime, the known pertinent facts of a reported incident, and determine whether the incident meets all of the following factors: 1) is a Clery reportable crime; 2) occurred in Clery defined geography; and 3) poses a serious or ongoing threat to the community.

If it is determined that any of the three factors are not met, then no timely warning will be issued.

 If it is determined that all three factors are met, the Chief of Police (or management designee is the absence of the Chief) will determine the content of the timely warning bulletin, disseminate the timely warning expeditiously in a manner likely to reach the entire campus community utilizing one or more, and not limited to, the following methods to issue the timely warning bulletin:

  • All employee and student e-mail distribution
  • University website
  • Public area video display monitors
  • Hard copies posted on campus building entrance doors

For clarity to the community when a timely warning is issued it will titled “Timely Warning Crime Bulletin” and include the following:

  • A statement that the Timely Warning Bulletin is being issued in compliance with the Jeanne Clery Act and the purpose is to provide preventative information to the campus community to aid members from becoming the victim of a similar crime.
  • The Clery Act reportable crime that occurred
  • The date, time, and location the crime occurred
  • The date the Timely Warning Bulletin is issued
  • A description of the suspect, and name if known, when the suspect is at large and evading apprehension and/or law enforcement is seeking assistance from the public to locate
  • Preventative information specifically related to the type of crime which occurred that could help others from becoming the victim of a similar crime

The Timely Warning Bulletins will not include, under any circumstances, the name of the victim, or information so specific that would or likely could identify the victim of the crimes of sexual violence to include rape, dating violence, domestic violence, or stalking. Issuance of timely warnings will be delayed only if the issuance would compromise the apprehension of the suspect or compromise the ability of law enforcement to investigate the crime.

Voluntary Confidential Reporting

Pursuant to California Education Code section 67380(a)(6)(A), CSAs who receive reports from  employees or students of a Part I violent crime, sexual assault or hate crime that occurred in an on or non-campus location as defined by the Clery Act, may not disclose to UPD or local law enforcement  agencies the names of the victims or the alleged assailant, unless the victim consents to disclosing their  name after being informed of their right to have their personally identifying information withheld. The name of the alleged assailant may be disclosed, however, if all of the following conditions are met:

  1. The alleged assailant represents a serious or ongoing threat to the safety of students, employees, or the institution; and
  2. The immediate assistance of the local law enforcement agency is necessary to contact or detain the alleged

Security of and Access to Campus Facilities

The academic and administrative buildings on the Main Campus are generally open to the public during normal business hours.  Business hours are appropriately posted.  After-hours entry is facilitated by means of a centralized access control system managed by Facilities Services and the University Police Department.  The grounds and facilities are patrolled by university police officers 24 hours a day, 7 days a week.  Police officers work to ensure the grounds and facilities remain secure during non-business hours.  Access to the Main Campus’ residence halls is restricted to residents, their approved guests, and other approved members of the community.  Entry to residence hall facilities is controlled by means of a centralized access control system managed by Housing and Residential Education, Facilities Services, and University Police.

The facilities at the Thousand Oaks and Goleta Campuses are generally open during posted business hours. Either the Campus Director or a classified staff member is available on-site when the respective campus is open.  After-hours entry is facilitated by means of a mechanical key locking system managed by the respective Campus Director.    The facilities are patrolled by the respective municipal police agency on a non-fixed schedule.

Police officials are responsible for conducting on-going security surveys on the Main Campus.  The purpose of surveys is to examine and/or test security features such as landscaping, locks, alarms, lighting, and communications.  Defective or inadequate findings are reported to Facilities Services for repair or replacement.  Additionally during the academic year, the Dean of Students, Executive Director for Housing and Residential Education, Police Lieutenant, University Psychologist and appropriate others meet bi-weekly to discuss issues relevant to safety and security on campus.  Students and others who encounter unsafe conditions, or have other concerns with the campus environment should contact University Police at 805-437-8444

On the Thousand Oaks and Goleta Campuses the respective Campus Director is responsible for conducting on-going, general security surveys of the facilities.  The Directors meet with Main Campus police officials on a regular basis to discuss issues relevant to safety and security.  Students and others who encounter unsafe conditions, or have other concerns with the campus environment should contact the respective Campus Director.

Law Enforcement Authority

CI police officers on the Main Campus have full arrest powers.  They are certified by the California Commission on Peace Officer Standards and Training, and their peace officer authority is founded in California Penal Code § 830.2(c) and California Education Code § 89560.  They undergo extensive training to develop and maintain their law enforcement skills.

CI police officers are on duty 24 hours a day, 365 days a year.  They are armed with firearms and conduct continuous preventative patrols of the campus.  They are authorized to enforce all state laws and regulations.

The Thousand Oaks and Goleta Campuses do not maintain a security department.  Local law enforcement officials patrol on or near the campus but CI does not have a written agreement or contract with them for these services.

 Students and others on CI’s Thousand Oaks Campus are strongly encouraged to report non-emergency criminal actions to the Thousand Oaks Police Department at 805-494-8260.  Always dial 9-1-1 in the event of an emergency.

Students and others on CI’s Goleta Campus are strongly encouraged to report non-emergency criminal actions to the Goleta Police Department at 805-681-4100.  Always dial 9-1-1 in the event of an emergency.

Police Officers on the Main Campus work closely with the California Highway Patrol and the Ventura County Sheriff’s Office.  Both of these law enforcement agencies have concurrent jurisdiction on campus and routinely patrol areas immediately adjacent to the campus.  The CI Police Chief, as a member of the Ventura County Law Enforcement Coordinating Committee, meets monthly with the Sheriff and all other Police Chiefs in the County.

In accordance with the Kristin Smart Campus Security Act of 1998, CI Police and the Ventura County Sheriff’s Office have a written agreement that designates which agency will have operational responsibility for the investigation of violent crimes that occur on campus.

Security Procedures and Practices

During their respective orientation sessions students and others are informed of services offered by University Police.  Presentations outline ways to maintain personal safety, emergency preparedness and residence hall security.  They are told about crime on campus and in surrounding areas.  Crime prevention programs and sexual assault prevention programs are offered on a continual basis.  In addition to seminars, information – in the form of newsletters, flyers, posters, articles, and displays - is disseminated to students and employees throughout the academic year.  In those situations where there is an identified threat to the campus, timely warning notifications are issued.

Crime Prevention Program

Crime prevention programs are sponsored by various campus organizations throughout the year.  University Police officials facilitate programs for student, parent, faculty, and new employee orientations, student organizations, community organizations, in addition to regular training for residence hall assistants.

University Police offers Rape Aggression Defense (RAD) training each semester.  RAD is a comprehensive course that begins with awareness, prevention, risk reduction and avoidance, while progressing on to the basics of hands-on defense training.  Certified RAD instructors teach all courses provided.

Additionally, University Police regularly offers training seminars on: (1) Recognizing and Preventing Violence on Campus; (2) Guidance for Surviving an Active Shooter Situation; and (3) Intimate Partner Violence and Stalking, the Impact on the Workplace.

For more information on crime prevention programs offered by University Police please call 805-437-8444 and ask to speak to the department's Outreach Coordinator.

Criminal Activity at Noncampus Locations of Student Organizations

The University does not recognize any off-campus fraternity or sorority houses.  Likewise, student organization recognition does not extend beyond the University, and student organizations are not recognized to engage in activity off-campus.

Alcohol and Drugs

The possession, sale or the furnishing of alcohol on the CI campuses is governed by University policy and California state Law.  Laws regarding the possession, sale, consumption or furnishing of alcohol is controlled by the California Department of Alcohol and Beverage Control (ABC).  However, the enforcement of alcohol laws on the Main Campus is the primary responsibility of the CI Police Department.  The University is committed to maintaining an environment that is predominantly free of the use of alcoholic beverages and in full compliance with federal and state laws.  Students, employees and visitors who violate laws or University policies concerning alcoholic beverages shall be subject to criminal prosecution and/or institutional sanctions.  Such sanctions, for students, may include behavioral probation, suspension or termination/expulsion.

All the CI campuses have been designated as (illegal) “Drug Free” institutions.  It is both unlawful and a violation of University policy to possess marijuana or a controlled substance, without a valid prescription, on any of CI’s campuses. 

The University does not recognize medical marijuana authorization cards – even within the residence hall environment.  Marijuana, under federal Law (Title 21 U.S. Code), is classified as an illegal substance.  Students, employees and visitors who violate laws or University policies concerning controlled substances or marijuana shall be subject to criminal prosecution and/or institutional sanctions.  Such sanctions, for students, may include behavioral probation, suspension or termination/expulsion.

CI has established a substance abuse awareness program to educate students and others about: (1) CI’s substance abuse policies; (2) the dangers of drugs and alcohol in an academic environment; (3) student assistance programs; and (4) disciplinary action that may be imposed on students who violate University policy or state and/or federal Law.  The program includes dissemination of informational materials, educational programs, counseling services, and referrals.

CI requires that first-year students living in on-campus housing participate in AlcoholEdu® programming.  AlcoholEDU® incorporates the latest evidence-based prevention methods to create a highly personalized user experience that inspires students to reflect on and consider changing their drinking behaviors.

CI Police have partnered with Ventura County Behavioral Health on a mobile DUI prevention/education exhibit.  DUI Prevention – Crashed Car Trailer Exhibit is displayed twice each year on campus for the purpose of raising awareness about impaired driving, and to support good riving decisions.

In October of each year CI supports National Collegiate Alcohol Awareness Week by providing Aware, Awake, Alive seminars and materials.  The program provides students with the tools and confidence to prevent lives from being lost due to alcohol poisoning.  In addition, CI’s Wellness Promotion & Education department, in partnership with CI Police, presents Aware, Awake, Alive programming for incoming freshmen, transfer students, and parents at Island View Orientation.

In March CI supports Safe Spring Break Week by sponsoring an on-campus educational fair.  Through innovative programming, students receive information on responsible alcohol use, driving safety, sexual safety and personal safety.

Personal Counseling Services, a work group within the Division of Student Affairs, provides for overall coordination of the Alcohol, Tobacco and Other Drug (ATOD) education efforts on campus.  ATOD staff is located in Bell Tower East, 1865 and may be reached at 805-437-2088.  ATOD resources are also available at:

Dean of Students
Bell Tower, East, Room 2568
805-437-3218
 
AVP for Human Resources
Lindero Hall, Room 2801
805-437-8490
 
Assistant Provost for Faculty Affairs
Bell Tower, West, Room 2168
805-437-3274
 
University Police
Placer Hall
805-437-8444
 

Sexual Violence

The California State University does not discriminate on the basis of sex, gender, including gender identity or   expression, or sexual orientation in its education programs or activities. Title IX of the Education Amendments of 1972, and certain other federal and state laws, prohibit discrimination on the basis of sex, gender, or sexual orientation in employment, as well as all education programs and activities operated by the University (both on and off campus), and protect all people regardless of their gender from Sex Discrimination, including Sexual Harassment, Sexual Misconduct, including Sexual Assault, Dating or Domestic Violence, and Stalking.

The University seeks to provide an education environment in which students, faculty, and staff work together in an atmosphere free of Sexual Misconduct, including Sexual Assault, Sexual Harassment, Dating Violence, Domestic   Violence and Stalking. Every member of the University community shall be  aware that Sexual Misconduct, and/or acts    of violence with a sexual nature directed toward another  person will not be tolerated and are prohibited by federal and  state law and University policy. As  members of the University community, students shall comply with University policies and guidelines in  addition to federal, state, and local laws whether on or off campus. The University will discipline persons identified as responsible for Sexual Misconduct, Dating or Domestic Violence, or Stalking as described in this report and University policy.

In an ongoing effort to prevent Sexual Misconduct, Dating Violence, Domestic Violence and Stalking,  the University  provides education and prevention programs, investigates complaints, dispenses  corrective or disciplinary action where appropriate, provides referrals for medical care/counseling,  modified classes, reduced course loads, campus housing  changes, work assignment assistance, stay  away orders, leaves of absence, and more. The University also provides information to victims on pursuing criminal action and obtaining protective orders if needed. University officials who are responsible for investigating and/or adjudicating cases of Sexual Misconduct, Dating Violence, Domestic Violence, and Stalking receive annual training for compliance with federal, state and CSU system regulations.

The University is committed to empowering victims of Sexual Misconduct, Dating Violence, Domestic Violence, and Stalking by providing ample supportive services, and encouraging their choice of action, regardless of their decision to seek criminal prosecution of offender(s). If requested by the victim, University personnel will assist the victim in notifying the appropriate law enforcement authorities.

Prevention, Education, and Awareness

The University has implemented preventive education programs to promote the awareness of CSU policies against Sexual Violence (including Domestic Violence, Dating Violence, and Stalking) and to make victim resources available, including comprehensive victim services. Information regarding these programs is included in (1) orientation programs for all new students and employees; (2) training for students who serve as resident assistants in student housing; and (3) training for student athletes and coaches. Ongoing prevention and awareness campaigns for all students and employees are also conducted. These programs include the following information: (1) a statement that the University prohibits Sexual Violence, Domestic Violence, Dating Violence, and Stalking; (2) what constitutes Sexual Violence, Domestic Violence, Dating Violence, and Stalking; (3) the definition of Consent; (4) a statement that Sexual Violence, Domestic Violence, Dating Violence, and Stalking violate University policy and criminal law; (5) common facts and myths about the causes of Sexual Violence; (6) safe and positive options for bystander intervention that may be taken by an individual to prevent harm or intervene in risky situations involving these offenses; (7) methods of encouraging peer support for victims; (8) how to recognize warning signs of abusive behavior and how to avoid potential attacks; and (9) information regarding University’s policies, procedures and available resources related to incidents of Sexual Violence, Domestic Violence, Dating Violence, and Stalking.

The following preventative education programs, as described above, are currently being presented to the University community: (1) Island View Orientation is a comprehensive orientation program delivered to all incoming freshmen and transfer students.  This program is presented several times throughout the summer for incoming freshmen and fall semester transfer students, and again in January for incoming spring semester transfer students; (2) New Employee Orientation is a comprehensive orientation program delivered to all new employees of the University.  This program is presented in September and January of each year; (3) RA Training is a comprehensive, week-long training program delivered to all resident assistants employed in Housing and Residential Education.  This program is presented each year just prior to the start of the fall semester; (4) The “Not Anymore” online training module, which must be completed by all CI students, is an interactive program designed to inform students about the critical issues of sexual violence that impact our society at large and countless college students across the country; (5) Rape Aggression Defense (RAD) is a program of realistic, self-defense tactics and techniques. The RAD system is a comprehensive course for women, which begins with awareness, prevention, risk reduction and avoidance, and progresses on to the basics of hands-on defense training.  At a minimum, this program is presented during the fall and spring semester each year; (6) The Sexual Assault Awareness Week campaign is presented during the spring semester of each year by The Center for Multicultural Engagement and Multicultural Programs (MP), and includes nationally-recognized sexual violence prevention programs; (7) The Clothesline Project was started by women in Massachusetts as a way to “air the dirty laundry” of sexual assault and give survivors a productive, artistic outlet for their anger and emotions.  Previous year's t-shirts and new t-shirts designed by CI students hang on clotheslines assembled at the Courtyard of the Student Union; and (8) Take Back the Night raises awareness about the issue of sexual violence, empowers survivors and lets it be known that violence of any kind will not be tolerated in our community.

DEFINITIONS  PER  EXECUTIVE ORDERS 1095-1097

Sex Discrimination

An adverse action taken against an individual because of gender or sex (including Sexual Harassment,  Sexual Misconduct , Domestic Violence, Dating Violence, and Stalking) as prohibited by Title IX; Title  IV; VAWA/Campus  SaVE Act; California Education Code § 66250 et seq.; and/or California Government Code § 11135. See also Title VII   of the Civil Rights Act of 1964, the California Fair Employment and Housing Act (Cal. Govt. Code § 12940 et seq.), and other applicable laws. Persons of all genders and gender identities can be victims of Sex Discrimination.

Sexual Harassment 

A form of Sex Discrimination, unwelcome verbal, nonverbal or physical conduct of a sexual nature that  includes, but is not limited to sexual advances, requests for sexual favors, offering benefits or giving  preferential treatment in exchange for sexual favors and any other conduct of a sexual nature where:

  1. Submission to, or rejection of, the conduct is explicitly or implicitly used as the basis for any decision affecting  a person’s employment terms or conditions, 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, persistent or pervasive that its effect, whether or not intended, could be  considered by a reasonable person in the shoes of the complainant, and is in fact considered by the complainant, as limiting their ability to participate in or benefit from the services,  activities or opportunities offered by the University; or
  3. The conduct is sufficiently severe, persistent or pervasive that its effect, whether or not intended, could be considered by a reasonable person in the shoes of the complainant, and is in fact considered by the complainant, as creating an intimidating, hostile or offensive

1 As mandated by the Clery Act’s Violence Against Women Act (VAWA)/Campus SaVE Act, these policy definitions are derived from the local jurisdiction, and based on the California Penal Code, the California Family Code, and the California Evidence Code. In some instances, these definitions may differ slightly from the federal definitions set forth in the next section for mandatory crime statistic reporting. For reportable crime statistics, the Clery Act regulations mandate definitions from the Federal Bureau of Investigation’s (FBI’s) Uniform Crime Reporting (UCR) Handbook.

Sexual Harassment could include being forced to engage in unwanted sexual contact as a condition of  membership in a  student organization; being subjected to video exploitation or a campaign of sexually  explicit graffiti; or frequently being exposed to unwanted images of a sexual nature in a classroom or  work environment that are unrelated to the coursework or employment.

 Sexual Harassment also includes acts of verbal, non-verbal or physical aggression, intimidation or hostility based on gender or sex-stereotyping, even if those acts do not involve conduct of a sexual nature.

 The University’s policy covers unwelcome conduct of a sexual nature. While romantic, sexual, intimate, personal or social relationships between members of the University community may begin as consensual, they may evolve into situations that lead to Sexual Harassment or Sexual Misconduct, including Dating or Domestic Violence, or Stalking, subject to University policy.

Sexual Misconduct

All sexual activity between members of the CSU community must be based on Affirmative Consent.  Engaging in any sexual activity without first obtaining Affirmative Consent to the specific activity is Sexual Misconduct, whether or not the conduct violates any civil or criminal law.

Sexual activity includes, but is not limited to, kissing, touching intimate body parts, fondling, intercourse, penetration of any body part, and oral sex. It also includes any unwelcome physical sexual acts, such as unwelcome sexual touching, Sexual Assault, Sexual Battery, Rape, and Dating Violence.  When based on gender, Domestic Violence or Stalking also constitute Sexual Misconduct.  Sexual  Misconduct may include using physical force, violence, threat, or intimidation,  ignoring the objections  of the other person, causing the other person’s intoxication or incapacitation through the use of drugs   or alcohol, or taking advantage of the other person’s incapacitation (including voluntary intoxication) to  engage  in sexual activity. Persons of all genders can be victims of these forms of Sexual Misconduct. Sexual activity with a minor is never consensual when the complainant is under 18 years old, because the minor is considered incapable of giving legal consent due to age.

Sexual Assault

A form of Sexual Misconduct, an attempt, coupled with the ability, to commit a violent injury on the person of another because of that person's gender or sex.

Sexual Battery

A form of Sexual Misconduct, any willful and unlawful use of force or violence upon the person of another because of that person's gender or sex, as well as touching an intimate part of another person against that person’s will and for  the purpose of sexual arousal, gratification or abuse.

Rape

A form of Sexual Misconduct, non-consensual sexual intercourse that may also involve the use of threat of force, violence, or immediate and unlawful bodily injury or threats of future retaliation and duress. Any sexual penetration, however slight, is sufficient to constitute Rape. Sexual acts including intercourse are considered non-consensual when a person is incapable of giving consent because they are incapacitated from alcohol and/or drugs, are under 18 years old, or if a mental disorder or developmental or physical disability renders a person incapable of giving consent. The respondent’s relationship to the person (such as family member, spouse, friend, acquaintance or stranger) is irrelevant.  (See complete definition of Consent below.)

Acquaintance Rape

A form of Sexual Misconduct committed by an individual known to the victim. This includes a person the victim may have just met or; i.e., at a party, introduced through a friend, or a social networking website.

Affirmative Consent

An informed, affirmative, conscious, voluntary, and mutually agreement to engage in sexual activity.  It is the responsibility of each person involved in the sexual activity to ensure Affirmative Consent has been obtained from the other participant(s) to engage in the sexual activity. Lack of protest or resistance does not mean Affirmative Consent, nor does silence mean consent. Affirmative Consent must be voluntary, and given without coercion, force, threats, or intimidation.

  • The existence of a dating or social relationship between those involved, or the fact of past sexual activities between them, should never by itself be assumed to be an indicator of Affirmative A request for someone to use a condom or birth control does not, in and of itself, constitute Affirmative Consent.
  • Affirmative Consent can be withdrawn or 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. There must always be mutual and affirmative consent to engage in sexual activity. Consent must be ongoing throughout a sexual activity and can be revoked at any time, including after penetration. Once consent is withdrawn or revoked, the sexual activity must stop immediately.
  • Affirmative Consent cannot be given by a person who is A person is unable to consent when asleep, unconscious or is 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. A person is incapacitated if they lack the  physical and/or mental ability to make informed, rational decisions,
  • Whether an intoxicated person (as a result of using alcohol or other drugs) is incapacitated depends on the extent to which the alcohol or other drugs impact the person’s decision-making ability, awareness of consequences, and ability to make informed 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.
  • A person with a medical or mental disability may also lack the capacity to give
  • Sexual activity with a minor (a person under 18 years old) is not consensual, because a minor is considered incapable of giving consent due to
  • 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;
    • The person was unable to communicate due to a mental or physical
  • 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 

Domestic Violence 

Abuse committed against someone who is a current or former spouse; current or former cohabitant; someone with whom the abuser has a child; someone with whom the abuser has or had a dating or engagement relationship; or a person similarly situated under California domestic or family violence law. Cohabitant means two unrelated persons living together for a substantial period of time, resulting in some permanency of relationship. Factors that may determine whether persons are cohabiting include, but are not limited to, (1) sexual relations between the parties while sharing the same living quarters, (2) sharing of income or expenses, (3) joint use or ownership of property, (4) whether the parties hold themselves out as husband and wife, (5) the continuity of the relationship, and/or (6) the length of the relationship. For purposes of this definition, “abuse” means intentionally or recklessly causing or attempting to cause bodily injury or placing another person in reasonable apprehension of imminent serious bodily injury to themselves or others. Abuse does not include non-physical, emotional distress or injury.

Dating Violence

Abuse committed by a person who is or has been in a social or dating relationship of a romantic or intimate nature with the victim. This may include someone the victim just met; i.e., at a party, introduced through a friend, or on a social networking website. For purposes of this definition, “abuse” means intentionally or recklessly causing or attempting to cause bodily injury or placing another person in reasonable apprehension of imminent serious bodily injury to themselves or others. Abuse does not include non-physical, emotional distress or injury.

Stalking

Engaging in a repeated Course of Conduct directed at a specific person that would cause a Reasonable Person to fear for their own or others' safety, or to suffer Substantial Emotional Distress. For purposes of this definition:

  • Course of Conduct means two or more acts, including but not limited to, acts in which the stalker directly, indirectly, or through Third Parties, by any action, method, device, or means, follows, monitors, observes,  surveils, threatens, or communicates to or about a person, or interferes with a  person’s property;
  • Reasonable Person means a reasonable person under similar circumstances and with the same Protected Status(es) as the complainant;
  • Substantial Emotional Distress means significant mental suffering or anguish that may, but does not necessarily require medical or other professional treatment or
  • Protected Status includes Age, Disability, Gender, Genetic Information, Gender Identity or Expression, Nationality, Marital Status, Race or Ethnicity, Religion, Sexual Orientation, and Veteran or Military Status.

Procedures for Reporting a Crime of Sexual Violence/Sexual Misconduct 

Call 9-1-1 in any kind of emergency, or when facing immediate harm or threat of harm.

Persons who have experienced Sexual Misconduct, including Rape, Dating Violence, Domestic Violence, or Stalking, are encouraged to seek immediate assistance from police and healthcare providers for their physical safety, emotional support and medical care. University or local police can escort victims to a safe place and transport them to a hospital for medical treatment, if needed. University police can also provide access to a Sexual Assault Victim Advocate.  Victims who prefer not to notify the police, are strongly encouraged to seek assistance from the campus Title IX Coordinator and/or a Sexual Assault Victim Advocate or counselor who can provide information on options, rights and remedies.

Victims have the right to decide who and when to tell about Sexual Misconduct, Dating and Domestic Violence, and Stalking. However, it is very important that they get medical attention after being assaulted. Following the incident, a victim may be physically injured, may have contracted a sexually transmitted disease, or may become pregnant.

The University’s primary concern is the safety and well-being of every member of the campus community. The use of alcohol or drugs never makes the victim at fault. If a campus community member has experienced Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking they should not be deterred from reporting the incident out of a concern that they might be disciplined for related violations of drug, alcohol, or other University policies. Except in extreme circumstances, University students or employees who are victims of Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking will not be subject to discipline.

The University encourages victims of Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking to talk to someone about what happened – so they can get the support they need, and so the University can respond appropriately. Whether – and the extent to which – a University employee may agree to maintain confidentiality (and not disclose information to the Title IX Coordinator) depends on the employee’s position and responsibilities at the University. The following information is intended to make everyone aware of the various reporting and confidential disclosure options available to them – so they can make informed choices about where to turn for help. The University strongly encourages victims to talk to someone identified in one or more of these groups.

Certain University employees, listed below, are required by law to maintain near or complete confidentiality; talking to them is sometimes called a “privileged communication.” University law enforcement employees may maintain the victim’s identity as confidential, if requested by the victim, but will report the facts of the incident to the Title IX Coordinator, including the identity of the perpetrator. Most other University employees are required to report all details of an incident (including the identities of both the victim and alleged perpetrator) to the Title IX Coordinator so the University can take immediate action to protect the victim, and take steps to correct and eliminate the misconduct.                                                                                                                                          

University Police, the Title IX Coordinator, University-employed physicians, professional counselors,  licensed clinical social workers, sexual assault and domestic violence counselors and advocates, and certain other University employees are required to explain to victims their rights and options with respect to confidentiality.

Privileged and Confidential Reporting

Treating physicians, psychotherapists, professional counselors, and clergy who work or volunteer providing medical or mental health treatment or counseling (including those who act in that role under their supervision may not report any information about an incident of Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking 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, 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 these professionals must report to local law enforcement agencies. These confidential professionals 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 treating physician, psychotherapist, professional counselor, or clergy member, 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, the University will likely not be able to fully 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. Counselors and advocates can provide victims with that assistance if requested. Treating physicians, psychotherapists, professional counselors, and clergy 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 it occurs.

Exceptions to Confidentiality 

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 patient/victim 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 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, 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; (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 Options

Victims have several reporting options including those with confidentiality, and may pursue one or all of these options at any time. Victims have a right to have a friend, family member, sexual assault victim advocate, or other representative present while reporting the incident. They also have the right to have a sexual assault victim advocate and support person of their choice present with them during a rape examination. The campus Title IX Coordinator can assist in notifying the police. Victims may also take any of the actions below.

Criminal

Reporting to University Police and/or local police is an option at any time.  Victims who choose not to report to the police immediately following a Sexual Misconduct, Dating and Domestic Violence, or Stalking incident, can still make the report at a later time. However, with the passage of time, the ability to gather evidence to assist with criminal prosecution may be limited. Depending on the circumstances, the police may be able to obtain a criminal restraining order on the victim’s behalf.

Reporting to the Police

As soon after the incident as possible, victims of Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking are strongly encouraged to report the incident to the police. Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking may be reported to the University Police Department by dialing 911. The University Police will support all  victims of Sexual Misconduct, Dating Violence,  Domestic Violence, or Stalking regardless of their decision to seek  criminal prosecution of the offender  or not. Victims have the option to report anonymously to the police and the decision to seek criminal prosecution remains with the victim. University Police will protect the confidentiality of the victim to the extent permitted by applicable California State law.

If a victim reports to a local police agency or the University Police about Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking, 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 and the police will not report the victim’s identity to anyone else at the University, including the Title IX Coordinator. University Police will, however, report the facts of the incident itself, including the identity of the perpetrator if known, to the Title IX Coordinator being sure not to reveal the 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.

In cases of Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking, the preservation of physical evidence is important to facilitate the identity and successful prosecution of the offender. The victim should not change clothes, bathe, douche, or shower following the attack. Sexual Assault Response Team (S.A.R.T.) medical personnel are trained to collect, process, and preserve physical evidence of Sexual Misconduct, and are committed in their assistance to the victim. Victims may request a S.A.R.T. exam to preserve forensic evidence without completing a police report. This evidence may be used in the case a victim wishes to report the assault at a later date. Victims are not financially responsible for S.A.R.T. exams and the cost will be the responsibility of the local law enforcement jurisdiction.

As time passes, evidence may dissipate or become lost or unavailable, thereby making investigation, possible prosecution, disciplinary proceedings, or obtaining protection orders related to the incident more difficult. Victims who choose not to make a complaint regarding an incident, nevertheless, should consider speaking with University Police or other law enforcement to preserve evidence in the event that they change their mind and wish to report the assault at a later date.

A victim has the right to have a confidential advocate present when reporting to law enforcement and during examinations. With the victim’s consent, the confidential advocate will assess the victim’s immediate needs and provide support and referral as appropriate. This confidential assistance may include: counseling, information concerning rape trauma syndrome; information on the collection of medical evidence and available health services to test for injuries, sexually transmitted diseases, and/or pregnancy. Assistance is also available with access to other resources and services, including assistance in obtaining emergency protection orders and restraining orders.

Reporting to a CSA

Any member of the University community may report incidents of Sexual Misconduct, Dating Violence, Domestic Violence or Stalking to any Campus Security Authority (CSA’s).  These University personnel will assist the victim in notifying the appropriate law enforcement agency if the victim requests the assistance of law enforcement.  In addition, most campus employees including CSA’s are required to report incidents of Sexual Misconduct, Dating Violence, Dating Violence and Stalking to the Title IX Coordinator. Title IX Coordinator reporting responsibilities are described in detail below.

NOTE: If the University determines that the perpetrator poses a serious and immediate threat to the campus community, under the Clery Act the campus may be required to issue a timely warning to the community. Any such warning will not include any information that identifies the victim.

Administrative 

Victims may report to the campus Title IX Coordinator, who will provide written and verbal information regarding applicable University complaint procedures for investigating and addressing the incident.

The Title IX Coordinator will also provide information regarding resources available to victims, as well as information regarding their rights and options. Contact information for the Title IX Coordinator is listed above.

Reporting to a Title IX Coordinator or Responsible Employee

Many resources and options are available on and off campus including confidential and privileged communication options. The University has designated a Title IX Coordinator as the primary point of contact to provide victims with assistance and support, and to monitor and oversee overall compliance with laws and policies related to Sexual Misconduct, Dating and Domestic Violence, and Stalking. The campus Title IX Coordinator is available to explain and discuss rights to file a criminal complaint and to assist in doing so; the University’s relevant complaint process, and rights to receive assistance with that process, including the investigation process; how confidentiality is handled; available resources, both on and off campus; and other related matters.

Most University employees have a duty to report Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking incidents when they are on notice of it. When a victim tells the Title IX Coordinator or another non-confidential University employee about a Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking incident, the victim has the right to expect the University to take immediate and appropriate steps to investigate what happened and to resolve the matter promptly and equitably. In all cases, the University strongly encourages victims to report Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking directly to the campus Title IX Coordinator.

As detailed above, most University employees except treating physicians, licensed counselors, and clergy must report to the Title IX Coordinator all relevant details about any Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking incidents of which they become aware. The University will need to determine what happened and will need to know the names of the victim(s) and the perpetrator(s), any witnesses, and any other relevant facts, including the date, time and specific location of the incident.

To the extent possible, information reported to the Title IX Coordinator or other University employees will be kept private and shared only with individuals responsible for handling the University’s response to the incident. The  University will protect the privacy of individuals involved in a Sexual Misconduct,  Dating Violence, Domestic Violence,   or Stalking incident except as otherwise required by law or  University policy. A Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking report may result in the gathering of extremely sensitive information about individuals in the campus community.  While such information is considered confidential, University policy regarding access to   public records and disclosure of personal information may require disclosure of certain information concerning a report. In such cases, efforts will be made to redact the records, as appropriate, in order to protect the victim’s identity and privacy and the privacy of other involved individuals. Except as detailed in the  section on Privileged and  Confidential Communications above, no University employee, including the  Title IX Coordinator, should disclose the victim’s identity to the police without the victim’s consent or unless the victim has also reported the incident to the police.

If a victim requests of the Title IX Coordinator or another University employee that their identity remain completely confidential, the Title IX Coordinator will explain that the University cannot always honor that request and guarantee complete confidentiality.  If a victim wishes to remain confidential or request that no investigation be conducted or disciplinary action taken, the University must weigh that request against the University’s obligation to provide a safe, non-discriminatory environment for all students, employees and third parties, including the victim.  Under those circumstances, the Title IX Coordinator will determine whether the victim’s request for complete confidentiality and/or no investigation can be honored under the facts and circumstances of the particular case, including whether the University has a legal obligation to report the incident, conduct an investigation or take other appropriate steps.  Without information about a victim’s identity, the University’s ability to meaningfully investigate the incident and pursue disciplinary action against the perpetrator may be severely limited.

The Title IX Coordinator will inform the victim of the initiation of an investigation prior to starting an investigation and will, to the extent possible, only share information with people responsible for handling the University’s response to the incident. The Title IX Coordinator will remain mindful of the victim’s well-being, and will take ongoing steps to protect the victim from retaliation or harm, and work with the victim to create a safety plan. Retaliation against the victim, whether by students, employees or third parties, will not be tolerated. The University and Title IX Coordinator will also:

  • Provide interim remedies requested by the victim, if they are reasonably available, regardless of whether the  victim chooses to report to campus or local police;
  • Assist victims in accessing available victim advocacy, academic support, counseling, disability, medical/health  or mental health services, and legal assistance both on and off campus;
  • Provide security and support, which could include issuing a no-contact order, helping arrange a change of campus-based living or working arrangements or course schedules (including for the  perpetrator pending the  outcome of the investigation) or adjustments for assignments, tests, or work  duties; and
  • Inform victims of their right to report a crime to University or local police – and provide victims with assistance if

The University will not require a victim to participate in any investigation or disciplinary proceeding if the victim does not wish to participate.

The University will not generally notify parents or legal guardians of a Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking report unless the victim is under 18 years old or the victim provides the University with written permission to do so.

Under California law, and pursuant to University policy, many University employees, including the Title IX Coordinator, are mandatory child abuse and neglect reporters and should explain to victims under 18 years of age that they are required to report the incident to the police. However, the identity of the person who reports and the report itself are confidential and disclosed only among appropriate agencies.

Because the University is under a continuing legal obligation to address the issue of Sexual Misconduct,  Dating  Violence, Domestic Violence, or Stalking campus-wide, reports (including non-identifying  reports) may also require the  University to consider broader remedial action – such as increased monitoring, supervision or security at locations  where the reported incident(s) occurred; increased  education, training and prevention efforts, including to targeted population groups; climate assessments/victimization surveys; and/or revision of policies and practices.

Non-Reporting

Victims are strongly encouraged to report any incident of Sexual Misconduct, Dating and Domestic Violence, or Stalking to the police and/or campus Title IX Coordinator so that steps may be taken to protect them and the rest of the campus community. However, non-reporting is also an option.

Civil Lawsuit

Victims may choose to file a civil lawsuit against the perpetrator, whether or not criminal charges have been filed. A civil lawsuit provides the opportunity to recover actual damages, which may include compensation for medical expenses, lost wages, pain, suffering and emotional distress.

Restraining Order

Victims may also choose to obtain a protective or restraining order (such as a Domestic Violence restraining order or a civil harassment restraining order). Restraining orders must be obtained from a court in the jurisdiction where the incident occurred. Restraining orders can protect victims who have experienced or are reasonably in fear of physical violence, Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking. The campus Title IX Coordinator or Sexual Assault Victim’s Advocate can offer assistance with obtaining a protective or restraining order.

Investigation Procedures

The University has procedures that provide for an administrative investigation of reports of Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking, and written findings based on the preponderance of the evidence standard, provided to the complainant and respondent. Both the complainant and respondent may appeal written findings to the CSU Chancellor’s Office, as well as the ultimate sanction for violation of CSU policy in student misconduct cases. The procedure for CSU employees and third parties is separate from but similar to the procedure for CSU students.

When a student or employee reports to the University that the student or employee has been a victim of Sexual Misconduct, Dating Violence, Domestic Violence or Stalking, whether the offense occurred on or off campus, the University will provide the student or employee a written explanation of their rights and options.

The investigation process from initial complaint to final result shall be prompt, fair, and impartial. The investigator will meet separately with the complainant and the respondent and other potential witnesses to gather information. The investigation shall be completed no later than 60 Working Days after the intake interview, unless the timeline has been extended. The timeline should not be extended for a period longer than an additional 30 Working Days from the   original due date.

Before reaching a final conclusion or issuing a final investigation report, the Investigator shall have: a) advised the Parties, or have offered to do so, verbally or in writing, of any evidence upon which the findings will be based; and, b) given the Parties an opportunity to respond to the evidence, including presenting further relevant evidence,    information or arguments that could affect the outcome.  The Investigator will not reach a final conclusion or issue an investigation report until giving careful consideration to any such relevant evidence, information or arguments provided by the Parties. The Investigator retains discretion and authority to determine relevance.

At the conclusion of the University’s complaint and investigation procedure, any employee or student found to have violated University policy against Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking will be subject to discipline. For employees, discipline would be administered consistent with applicable collective bargaining agreements, University policies and legal requirements.  For students, discipline would be administered in accordance with CSU Executive Order 1098 (discussed below).  Victims are not required to participate in any University disciplinary and may choose not to be a part of it. Disciplinary procedures will:

  • Provide a prompt, fair, and impartial process and resolution;
  • Be conducted by officials who receive annual training on Sexual Misconduct, Dating Violence, Domestic Violence, and Stalking and how to conduct a hearing process that protects the of victims and promotes  accountability;
  • Provide the complainant and respondent the same opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice;
  • Simultaneously inform the complainant and respondent in writing of:
    • The outcome of the disciplinary proceeding;
    • The University’s procedures to appeal the results of the disciplinary proceeding;
    • Any change to the disciplinary results that occurs prior to the time such results become final; and
    • When disciplinary results become

Complaint Procedure

The CSU has adopted and published complaint procedures that provide for prompt, impartial, and equitable resolution of complaints of Sex Discrimination, including Sexual Harassment, Sexual  Misconduct, including Rape and Sexual Assault, Domestic Violence, Dating Violence, and Stalking.

Regardless of whether an employee, a student or a third party ultimately files a complaint under the  applicable  complaint procedure, if the University knows or has reason to know about possible Sex  Discrimination, Sexual  Harassment, Sexual Misconduct , Domestic Violence, Dating Violence, and  Stalking, it must review the matter to  determine if an investigation is warranted. When warranted, all such investigations must be prompt, thorough and impartial. The University must then take appropriate steps to eliminate the Sex Discrimination, Sexual Harassment, Sexual Misconduct, Domestic Violence, Dating Violence, and/or Stalking, prevent its recurrence, and remedy its effects.

Complaints Made by Students

Executive Order 1097, entitled "Systemwide Policy Prohibiting Discrimination, Harassment, and Retaliation, Sexual Misconduct , Dating and Domestic Violence, and Stalking Against Students and  Systemwide Procedure for Addressing Such Complaints by Students" is the appropriate systemwide  procedure for all complaints of Sex Discrimination, Sexual Harassment, Sexual Misconduct , Sexual  Violence, Domestic Violence, Dating Violence, and Stalking made by CSU students against the CSU, a  CSU employee, another CSU student, or a third party. Executive Order 1097 can be viewed at http://www.calstate.edu/EO/EO-1097-rev-10-5-16.pdf.

Complaint Made by Employees, Former Employees, Third Parties, and Applicants for Employment

Executive Order 1096, entitled “Systemwide Policy Prohibiting Discrimination, Harassment and  Retaliation, Sexual Misconduct, Dating and Domestic Violence, and Staling Against Employees and  Third Parties and Systemwide Procedure for Addressing Such Complaints by Employees and Third Parties” is the appropriate systemwide procedure for all complaints of Sex Discrimination, Sexual  Harassment, Sexual Misconduct, Domestic Violence, Dating Violence, and Stalking made by employees and former employees against the CSU, another CSU employee, a CSU student or a third party.

Employees covered by a collective bargaining agreement that provides a grievance procedure for  raising allegations of Sex Discrimination or Sexual Harassment, including Sexual Misconduct, Domestic  Violence, Dating Violence, and Stalking shall use the grievance procedure specified in their collective  bargaining agreement. Executive Order 1096 can be viewed at http://www.calstate.edu/EO/EO-1096-rev-10-5-16.pdf.

Complaints Made by Student- Employees

Executive Order 1096 is the appropriate system-wide procedure for all complaints of Sex Discrimination, including Sexual Harassment, Sexual Misconduct, Dating and Domestic Violence, and Stalking, made by student-employees where the alleged Sex Discrimination, Sexual Misconduct, Domestic Violence, Dating Violence, and Stalking arose out of the person’s status as an employee and not their status as a student. Executive Order 1096 can be viewed at http://www.calstate.edu/EO/EO-1096-rev-10-5-16.pdf.

Disciplinary Procedures

The Title IX Coordinator (or designee) is responsible for investigating complaints of Gender Discrimination, Harassment and Retaliation, including Sex Discrimination and Sexual Harassment, as well as Complaints of Sexual Misconduct, Domestic and Dating Violence, and Stalking. (See Executive Orders 1095, 1096 and 1097.) In accordance with Executive Orders 1096 and 1097, the Title IX Coordinator investigates those complaints, determines whether the accused violated the applicable Executive Order(s), and prepares a report that includes findings of facts and conclusions about whether the applicable Executive Order was violated. Unless the determination is appealed as provided in Executive Orders 1096 or 1097, it is final and binding in all subsequent proceedings.

Where a complaint is made against a student and the applicable Executive Order is found to have been violated, the Title IX Coordinator shall also notify the Student Conduct Administrator of the investigation outcome and provide a copy of the investigation report.

Where a complaint is made against an employee, Human Resources or Academic/Faculty Affairs shall be notified and provided a copy of the investigation reports. Sanctions are imposed in accordance with current collective bargaining agreement, when applicable, and may include:

  • verbal reprimand
  • written reprimand,
  • reduction in salary
  • temporary or permanent demotion
  • paid or unpaid administrative leave
  • suspension
  • denial or curtailment of emeritus status
  • mandated education or training
  • change in work location
  • restrictions from all or portions of campus
  • restrictions to scope of work
  • dismissal

Unless the Chancellor’s Office notifies the campus that an appeal has been filed, investigative findings pursuant to Executive Orders 1096 or 1097 become final 11 working days after the date of the Notice of Investigation Outcome issued pursuant to those Executive Orders. If an appeal is filed, the investigative findings do not become final until the appeal has been exhausted.

Appeal of Finding in Investigation Outcome

Any complainant or respondent who is not satisfied with a campus investigation outcome may file an appeal with the Chancellor’s Office (CO) within 10 working days after the date of the Notice of Investigation Outcome. The appeal is limited to one or more of the following issues:  1. The investigation outcome is unsupported by the evidence, based on the preponderance of the evidence standard;   2. Prejudicial procedural errors impacted the investigation outcome to such a degree that the investigation did not comply with the relevant Executive Order; or 3. New evidence not available at the time of the investigation. The CO shall respond within 30 working days. The CO appeal response is final.

Student Conduct Proceedings

Where the investigative report finds a violation of Executive Order 1096 or 1097 and any appeal has been exhausted, the report is referred to the Student Conduct Administrator to initiate student conduct proceedings. The Student Conduct Administrator will offer to conduct pre-hearing conferences separately with the complainant and respondent to review information concerning the charges, interim remedies, proposed sanctions or range of sanctions, the nature of further proceedings, and possible disposition without hearing.

The Student Conduct Administrator shall, in consultation with and agreement from the Title IX Coordinator, determine which cases are appropriate for disposition without hearing, taking into consideration the investigation report and any additional information provided during any conferences.  If a proposed resolution agreement can be reached, the terms shall be put in writing and signed by the student charged and the University (after a reasonable opportunity to consult with an advisor). Any proposed resolution may be appealed by the complainant and is not final until any such appeal is exhausted.                                                                                             

If not resolved, the Student Conduct Administrator will issue a Notice of Hearing and shall schedule the  hearing  promptly, but in any event no sooner than 10 working days after, and no later than 20 working  days after, the date of  the Notice of Hearing. The findings and conclusions of the investigations conducted in accordance with Executive Orders 1096 and 1097, once any appeals are exhausted, are final and binding. The hearing is limited to determining appropriate sanctions; the findings of the investigation are not under review.

The Hearing Officer controls the hearing. The Student Conduct Administrator and the student charged each put on the evidence in their case and may each ask questions of the witnesses in whatever manner the Hearing Officer deems appropriate. The Hearing Officer may ask questions of any witness, the student charged, the complainant, Student Conduct Administrator, or the Title IX Coordinator.

Questions may not be posed to complainants about their past sexual behaviors involving any persons other than the student charged. The Hearing Officer shall ask any questions of the complainant and other witnesses on behalf of the student charged (who shall give the Hearing Officer a written list of questions).

The investigation report and any Chancellor’s Office Appeal Response prepared pursuant to Executive  Orders 1096 or 1097 shall be entered into evidence at the hearing, redacted as appropriate to protect  private (e.g. contact) information or as otherwise required by law. If the student charged fails to appear at the hearing without good cause, the hearing shall nevertheless proceed.

The Hearing Officer shall submit a written report to the president recommending sanctions, if any, as well as any recommendations regarding additional remedies. The report shall include any mitigating or aggravating factors relied upon by the Hearing Officer in reaching the recommendations. The report shall be submitted within 10 working days after the hearing.

President's Sanction Decision/Notification 

The president shall review the investigative report and the Hearing Officer's report and issue a decision concerning the appropriate sanction. The president's decision letter shall be issued within 10 working days after receipt of the Hearing Officer's report. The president shall simultaneously send the decision electronically to the student charged and complainant(s).

Unless the Chancellor’s Office notifies the campus that an appeal has been filed, the president’s sanction decision becomes final 11 working days after the date of the decision letter.

Student Sanctions

The following sanctions may be imposed for violation of the Student Conduct Code

  1. RESTITUTION.

Compensation for loss, damages or injury. This may include appropriate service and/or monetary material replacement.

  1. LOSS OF FINANCIAL AID.

Scholarships, loans, grants, fellowships and any other types of state financial aid given or guaranteed for the purposes of academic assistance can be conditioned, limited, canceled or denied.

  1. EDUCATIONAL AND REMEDIAL

Assignments, such as work, research, essays, service to the University or the community, training, counseling, removal  from participation in recognized student clubs and organizations (e.g., fraternities  misconduct or as deemed  appropriate based upon the nature of the violation.

  1. DENIAL OF ACCESS TO CAMPUS OR PERSONS.

A designated period of time during which the student is not permitted: (i) on University Property or specified areas of campus; or (ii) to have contact (physical or otherwise) with the complainant, witnesses or other specified persons.

  1. DISCIPLINARY  PROBATION.

A designated period of time during which privileges of continuing in student status are conditioned upon future behavior. Conditions may include the potential loss of specified privileges to which a current student would otherwise be entitled, or the probability of more severe disciplinary sanctions if the student is found to violate the Student Conduct Code or any University policy during the probationary period.

  1. SUSPENSION

Temporary separation of the student from active student status or student status.

  1. A student who is suspended for less than one academic year shall be placed on inactive student (or equivalent) status (subject to individual campus policies) and remains eligible to re-enroll at the University (subject to individual campus enrollment policies) once the suspension has been Conditions for re-enrollment may be specified.
  2. A student who is suspended for one academic year or more shall be separated from student status but remains eligible to reapply to the University (subject to individual campus application polices) once the suspension has been Conditions for readmission may be specified.
  3. Suspension of one academic year or more, withdrawals in lieu of suspension, and withdrawals with pending misconduct investigations or disciplinary proceedings shall be entered on the student’s transcript permanently without exception; this requirement shall not be waived in connection with a resolution

Permanent separation of the student from student status from the California State University system.  Expulsion, withdrawal in lieu of expulsion, and withdrawal with pending misconduct investigation or disciplinary proceeding shall be entered on the student’s transcript permanently, without exception; this requirement shall not be waived in connection with a resolution agreement.

2 A student is not considered to be in good standing for purposes of admission to the University while under a sanction of suspension or expulsion, or while admission or re-admission has been disqualified.

MORE THAN ONE SANCTION MAY BE IMPOSED FOR A SINGLE VIOLATION

Other Considerations Related to Sanctions

  1. ADMINISTRATIVE  HOLD  AND  WITHOLDING  A  DEGREE

The University may place an administrative hold on registration transactions and release of records and transcripts of a student who has been sent written notice of a pending investigation or disciplinary case concerning that student, and may withhold awarding a degree otherwise earned until the completion of the process, including the completion of all sanctions imposed.

  1. RECORD OF  DISCIPLINE

A record of disciplinary probation or suspension is entered on a student’s transcript, with beginning and end date, for   the duration of the sanction. A record of expulsion or suspension for one academic year or more shall note the effective date of discipline and remains on the transcript permanently, without exception. A record of withdrawal in lieu of suspension or expulsion and withdrawal with pending misconduct investigation or disciplinary proceeding remains on   the transcript permanently, without exception. These requirements shall not be waived in connection with any resolution agreement.

  1. INTERIM SUSPENSION

A president may impose an interim suspension pursuant to Title 5, California Code of Regulations section 41302 where there is reasonable cause to believe that separation of a student is necessary to protect the personal safety of persons within the University community or University property, and to ensure the maintenance of order.

An investigative finding of a violation of Executive Orders 1096 or 1097 standing alone may be sufficient to constitute reasonable cause to believe that an interim suspension is necessary to protect the personal safety of persons within the University community or University property, and to ensure the maintenance of order.

  1. DENIAL OF PRESENCE ON CAMPUS DURING INTERIM SUSPENSION

During the period of an interim suspension, the student charged may not, without prior written permission from the campus president, enter any campus of the California State University other than to attend the hearing regarding the merits of the interim suspension and any disciplinary hearing. The president may also restrict the student’s participation in University-related activities on a case-by-case basis, such as attending off-campus activities and/or participating in on-line classes. Violation of any condition of interim suspension shall be grounds for expulsion.

  1. ADMISSION  OR  READMISSION

Applicants for admission or readmission into any University program are subject to appropriate sanctions for violations of the Student Conduct Code, including qualification, revocation or denial of admission or readmission. For students who withdraw while a disciplinary matter is proceeding, the campus has discretion whether to continue proceedings or hold proceedings in abeyance.

Appeal of President's Sanction

The complainant and student charged each may file an appeal of the president’s decision of appropriate sanctions to the Chancellor’s Office no later than 10 working days after the date of the president’s decision letter. The complainant may also appeal any proposed sanctions agreed to as part of a proposed resolution agreement with the student charged.

Sanction appeals are limited to a determination as to whether the sanction is reasonable under the facts and circumstances as determined by the investigation and whether any prejudicial procedural errors occurred during the hearing. The Chancellor’s Office appeal review will not involve a new investigation and will not consider evidence that was not introduced during the investigation or hearing. The record will be limited to the record at the hearing.

The Chancellor’s Office shall issue a final appeal response no later than 10 working days after receipt of the written appeal.

Registered Sex Offenders

California’s sex offender registration laws require convicted sex offenders to register their status with the University police department if they are enrolled, residing, attending, carrying on a vocation (i.e. contractor or vendor on campus for more than 30 days in the year), or working with or without compensation for the institution. All public information available in California about registered sex offenders, to include the ability to look-up offenders by name, residence address, and zip code, is on the California Department of Justice Megan's law web site at http://www.meganslaw.ca.gov/ .

Emergency Response, Notification, and Evacuation Procedure

University Police officials are responsible for managing CI’s all-hazards Emergency Operations Plan (EOP).  The EOP includes information about emergency response, notification and evacuation/shelter-in-place protocols.  Individual campus departments are responsible for contingency plans and continuity of operations plans for their staff and areas of responsibility.  The EOP can be viewed at http://www.csuci.edu/publicsafety/emergency-management/index.htm.  CI conducts a number of emergency response exercises each year, to include tests of the emergency notification system.  These tests are designed to assess and evaluate the emergency plans and capabilities of the institution.

Students and others should notify CI Police of any situation or incident on campus that involves a significant emergency or dangerous situation that may involve an immediate or ongoing threat to the health and safety of persons on campus.  CI Police officials have received training in Incident Command and it is their responsibility to respond to, mitigate, investigate, and document any situation that may cause a significant emergency or dangerous situation.  Depending on the nature of the incident, other CI departments and other local, state or federal agencies could also be involved in responding to the incident.

Emergency Notification

The University will issue emergency notifications, without delay, in response to a confirmed significant emergency or a dangerous situation, occurring in the Clery defined on campus geography that, in the judgment of the University, constitutes an immediate threat to the health or safety of members of the on-campus community.

Once UPD has received the report, the Chief of Police, (or management designee in the absence of the Chief), will confer with the appropriate public official (e.g., fire chief, health department) and any campus officials responsible for managing the on-campus emergency, if available, to confirm both: 1) an emergency or dangerous situation in fact exists in on-campus geography; and 2) the emergency or dangerous situation poses an immediate or imminent threat to members of the on-campus community.

If both of the above factors are not met, no emergency notification will be issued.

If it is determined that both of the above factors are met, then an emergency notification will be issued to the community. The Chief of Police (or management designee in the absence of the Chief), will confer with the Clery Director if one is designated and if available, to prepare the content of the notification taking into account the safety of the on-campus community. They will also determine, based on the confirmed facts of the emergency, if the entire campus community or only a specific segment of the on campus community is threatened and need to be notified. Examples of emergencies where only a segment might be alerted would be a fire contained in a dorm laundry room where only the residents of that one dorm floor or of that one dorm building are at risk and need to evacuate, or a chemical spill in a lab where only the one room, floor, or the occupants of that one building are at risk and need to evacuate.  

Once the notification is prepared, the Chief of Police or the Clery Director if one is designated, or in their absence, the management designee(s) will, without delay and taking into account the safety of the community, transmit the emergency notification unless doing so would delay the ability to mitigate and/or contain the emergency, including the ability to provide immediate, life saving measures.

Distribution methods of emergency notifications may include but are not limited to one or more of the following methods:

  • The campus mass notification system, including but not limited to phone, campus email, or text messaging
  • Audio/visual message boards
  • Audible alarms/sirens
  • Campus public address systems
  • In person or door-to-door notifications in a building or residence halls
  • Other means appropriate under the circumstances

Students and employees who need information on how to add contact information to be included for emergency notification or to remove information and “opt out” of notifications should visit https://myci.csuci.edu/portal/MyApps or call the CI Police Department at 805-437-8444 for assistance.

The Chief of Police or the Clery Director if one is designated, or in their absence, the management designee(s) will provide follow-up notifications and information until the emergency is mitigated and no longer poses a threat.

If an emergency notification is issued, a timely warning will not be issued to the community for the same incident.

Testing Emergency Response and Evacuation Procedures

An evacuation drill is coordinated by CI Police each year for all buildings on the Main Campus.  Students and others are made aware of the emergency exits in the buildings and are provided guidance about the direction they should travel when exiting each building for a short –term building evacuation.  CI Police does not tell students or others in advance about the designated locations for long-term evacuations because those decisions are affected by time of day, location of the building being evacuated, the availability of the various designated emergency gathering locations on campus, and other factors such as the location and nature of the threat.  In all cases, CI Police and Building Marshals will communicate information to students and others regarding the developing situation or any evacuation status changes.

The purpose of evacuation drills is to prepare building occupants for an organized evacuation in case of an emergency.  At CI, evacuation drills are used as a way to educate and train occupants on issues specific to their building.  During the drill, occupants ‘practice’ drill procedures and familiarize themselves with the location of exits and the sound of the fire alarm.  In addition to educating the occupants of each building about the evacuation procedures during the drills, the process also provides the university an opportunity to test the operation of fire alarm system components.

Evacuation drills are monitored by CI officials to evaluate egress and behavioral patterns.  Reports are prepared by participating departments which identify deficient equipment so that repairs can be made immediately.  Recommendations for improvements are also submitted to the appropriate departments for consideration.

Residential students receive information about evacuation and shelter-in-place procedures during their housing orientation and during other educational sessions that they can participate in throughout the year.  The Housing and Residential Education staff members are trained in these procedures as well and act as an on-going resource for the residential students.

CI Police conduct several announced and unannounced drills and exercises each year and conducts follow-through activities designed for assessment and evaluation of emergency plans and capabilities.  CI Police publishes a summary of its emergency response and evacuation procedures in conjunction with at least one drill or exercise each calendar year.

Shelter in Place Procedures

If an incident occurs and the areas outside a building become unsafe it is usually safer to stay indoors, because leaving the area may expose the student and others to danger.  Thus, to “shelter-in-place” means to make a shelter of the building that a student or other is occupying, until it is safe to go outside.  A shelter-in-place notification may come from several sources, including the CI Police, Housing staff or others.  If a shelter order is given: (1) stay inside; (2) locate an interior room without windows or minimum windows; (3) shut/lock all doors and windows if possible; (4) turn off air/heat; (5) close vents; (6) make a list of sheltered persons; (7) call CI Police and alert them to your location.

Missing Student Notification

If a member of the CI community has reason to believe that a student – who resides in on-campus housing – is missing, s/he should immediately notify the CI Police Department at 805-437-8444.  CI police officers will immediately initiate a missing person investigation and document all their findings.

Students residing in on-campus housing have the option to register one or more individuals to be a contact strictly for missing person purposes.  The contact can be anyone.  Students have this option even if they have already identified a general emergency contact.  This contact information is registered confidentially and is accessible only to authorized campus officials.  It will not be disclosed, except to law enforcement personnel in furtherance of a missing person investigation.  In the event the student is determined missing a campus official shall notify the students missing persons contact(s) within 24 hours of the determination.  If the student is under 18 years of age and not emancipated, a campus official will notify a custodial parent or guardian within 24 hours of the determination that the student is missing, in addition to notifying any additional contact person designated by the student.

Fire Safety Act

The 2017 Fire Safety Act Report is available at the following link:  https://www.csuci.edu/publicsafety/fire-safety-report.htm.