CAMPUS REGULATIONS XV - XXI
CSULB Regulations for Campus Activities, Student Organizations & the University Community
Among the guarantees of the U.S. Constitution is the right of citizens to inform others of their opinions by peaceful demonstration, including picketing. The right to demonstrate does not include the right to break the law by:
- Blocking entrances, exits or sidewalks;
- Using physical force on individuals;
- Throwing any matter;
- Disturbing the peace;
- Using any offensive language likely to promote violence;
- Creating excessive noise by use of a device;
- Committing any other criminal acts.
Demonstrating on campus is subject to time, place and manner requirements. To ensure that the orderly and peaceful flow of campus business and activities will not be disrupted, all organizations or individuals wishing to demonstrate should schedule the time and location of such an event in advance, thereby avoiding a conflict with a special campus or student event that may already be scheduled. To secure a permit, the protesting group must contact the Office of Student Life and Development, USU-215 or call (562) 985-4181.
TIME: Protest activities that have been approved may occur during regular business hours, Monday through Friday, 8 AM through 5 PM, or at times stated in the permit.
PLACE: Approved protest activities may take place on campus with the following exceptions: inside buildings and facilities; within the Liberal Arts corridor between LA-1 and LA-5; vendor areas and walkways immediately adjacent to the Forty-Niner Shops Bookstore/Dining Plaza; within 32 feet of the University Student Union escalator as well as the covered walkway on the west side of the University Student Union from the escalator to the end of the walkway on West Campus Drive; and within 50 feet of any building in which instructional, educational and/or official business activities are being conducted.
MANNER: Those who participate must conduct themselves in an orderly and lawful manner. Such activities must not interfere with instructional programs or operations of the campus. In addition, such activities must not interfere with vehicle or pedestrian traffic. These activities must be conducted in conformance with all applicable federal and state laws and university policies and regulations.
NOTE: Restrictions may apply to the use of oversized wood stakes.
VIOLATIONS: Violations of time, place and manner policies may result in the removal of the offending party or parties from campus as well as possible loss of further use of campus facilities and grounds and personal liability for any cost incurred by the campus due to improper use.
Additionally, where these activities present a danger to the safety of the campus community or where the activity interferes with lawful conduct of university business, University Police may declare the activity an unlawful assembly and issue a dispersal order pursuant to California Penal Code §409.
Provided below are the regulations regarding criminal penalties for fraud and abuse as adopted by the U.S. Congress. These regulations are the federal code related to The Higher Education Act of 1965, Section 490 (Criminal Penalties).
Criminal Penalties for Fraud and Abuse
The law establishes criminal penalties for fraud and abuse under the Title IV programs.
- IN GENERAL. – Any person who knowingly and willfully embezzles, misapplies, steals, obtains by fraud, false statement, or forgery, or fails to refund any funds, assets, or property provided or insured under this title or attempts to so embezzle, misapply, steal, obtain by fraud, false statement or forgery, or fail to refund any funds, assets, or property, shall be fined not more than $20,000 or imprisoned for not more than five (5) years, or both, except if the amount so embezzled, misapplied, stolen, obtained by fraud, false statement or forgery, or failed to be refunded does not exceed $200, then the fine shall not be more than $5,000 and imprisonment shall not exceed one year, or both.
- ASSIGNMENT OF LOANS. – Any person who knowingly and willfully makes any false statement, furnishes any false information, or conceals any material information in connection with the assignment of a loan which is made or insured under this title or attempts to make any false statement, furnish any false information, or conceal any material information in connection with such assignment shall, upon conviction thereof, be fined not more than $10,000 or imprisoned for not more than one year, or both.
- INDUCEMENTS TO LEND OR ASSIGN. – Any person who knowingly and willfully makes an unlawful payment to an eligible lender under part B or attempts to make such unlawful payment as an inducement to make, or to acquire by assignment, a loan insured under such part shall, upon conviction thereof, be fined not more than $10,000 or imprisoned for not more than one year, or both.
- OBSTRUCTION OF JUSTICE. – Any person who knowingly and willfully destroys or conceals any record relating to the provision of assistance under this title or attempts to destroy or conceal with intent to defraud the United States or to prevent the United States from enforcing any right obtained by subrogation under this part, shall upon conviction thereof, be fined not more than $20,000 or imprisoned not more than five (5) years, or both.
Reference: Higher Education Act of 1965, as amended through public law 113-67, enacted December 26, 2013, Section 490 [20 U.S.C. 1097]).
Sexual misconduct against a person includes sexual assault and stalking. Sexual assault in any form, perpetrated by any person – an acquaintance, date, stranger, partner or spouse; inappropriate touching or fondling; or cyber or physical stalking – will not be tolerated at CSULB. Where there is evidence that a campus-related sexual assault has been committed by a student, campus disciplinary action will be initiated. Such campus disciplinary action may include, after due process, the possibility of expulsion, suspension or disenrollment. If the victim initiates criminal action against the perpetrator, in addition to reporting the crime to a campus reporting authority, the perpetrator is subject to criminal penalties, which may include fines and imprisonment.
CSULB views seriously its obligations to uphold the laws of the larger community of which it is a part. An association with the university does not exempt a person from local, state or federal laws, but rather imposes the additional obligation to abide by all the rules and regulations of the California State University.
A student charged with a sexual misconduct or sexual assault/battery violation that is campus-related may be subject to prosecution under appropriate California criminal statutes, as well as being subject to student discipline under the Student Disciplinary Procedures for the California State University (Reference: CSU Executive Order 1098. Student Conduct Procedures for the California State University; and, California Code of Regulations, Title 5, Section 41301-41304, Student Discipline).
Employees charged with a sexual misconduct violation that is campus-related may be subject to prosecution under appropriate California criminal statutes as well as being subject to discipline under the California Education Code, Sections 89535¬89540. Such campus disciplinary action for employees may include demotion, suspension or dismissal.
Campus Reporting Procedures
Persons involved in, or possessing knowledge of, a campus-related sexual violence incident are strongly encouraged to notify University Police immediately. University Police may be notified by dialing 9-1-1 (from any telephone, including cell phones, on campus) or by calling (562) 985-4101.
The CSU does not discriminate on the basis of sex, gender 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 in all education programs and activities operated by the university (both on and off campus). Title IX protects all people regardless of their gender or gender identity from sex discrimination, which includes sexual harassment and violence.
Title IX requires the university to designate a Title IX coordinator to monitor and oversee overall Title IX compliance. Your campus Title IX coordinator is available to explain and discuss your right to file a criminal complaint (sexual assault and violence); the university’s complaint process, including the investigation process; how confidentiality is handled; available resources, both on and off campus, and other related matters. If you are in the midst of an emergency, please call the police immediately by dialing 9-1-1.
Campus Title IX Coordinator:
• Marisa Hamada, director, Office of Equity & Diversity
• Main Line: (562) 985-8256
• Office Hours: Monday-Friday (8 a.m.-5 p.m.)
• Email: Larisa.Hamada@csulb.edu
• Address: 1250 Bellflower Blvd. (MS 0605/USU-301), Long Beach, CA 90840
Deputy Title IX Coordinator for Student Sexual Misconduct:
• Thomas Malizia, director, Office of Student Conduct and Ethical Development
• Main Line: (562) 985-5270
• Office Hours: Monday-Friday (8 a.m.-5 p.m.), USU-224
• Email: Thomas.Malizia@csulb.edu
Deputy Title IX Coordinator for Athletics:
• Mindy Masner, senior associate athletics director/senior women’s administrator, Athletics Department
• Main Line: (562) 985-8527
• Office Hours: Monday-Friday (8 a.m.-5 p.m.), BAC
• Email: Cindy.Masner@csulb.edu
• Main Line: (562) 985-4101 (24 hour)
• Mailing address:
University Police Department
1250 Bellflower Blvd.
Long Beach, CA 90840
(Brick building south of the Student Recreation and Wellness Center on
Palo Verde Avenue)
Local Police: Long Beach Police Department
• Main Line: (562) 570-7260
U.S. Department of Education, Office for Civil Rights (OCR):
• (800) 421-3481 or firstname.lastname@example.org
• If you wish to fill out a complaint form online with the OCR, you may do so HERE.
White House Task Force:
Title IX requires that the CSU adopt and publish complaint procedures that provide for prompt and equitable resolution of sex discrimination complaints, including sexual harassment and violence. CSU Executive Order 1097 is the systemwide procedure for all complaints of discrimination, harassment or retaliation made by students against the CSU, a CSU employee, other CSU students or a third party.*
Except in the case of a privilege recognized under California law (examples of which include Evidence Code §§1014 (psychotherapist-patient); 1035.8 (sexual assault counselor-victim); and 1037.5 (domestic violence counselor-victim), any member of the university community who knows of or has reason to know of sexual discrimination allegations shall promptly inform the campus Title IX coordinator.
Regardless of whether an alleged victim of sexual discrimination ultimately files a complaint, if the campus knows or has reason to know about possible sexual discrimination, harassment or violence, it must review the matter to determine if an investigation is warranted. The campus must then take appropriate steps to eliminate any sex discrimination/harassment, prevent its recurrence and remedy its effects.
*Executive Order 1096 sets forth the university’s system-wide policy and complaint procedure for discrimination, harassment and retaliation for employees not eligible to file a complaint or grievance under a collective bargaining agreement or whose collective bargaining agreement incorporates the CSU system-wide complaint procedure.
Counseling and Psychological Services provides crisis counseling as well as ongoing assistance to students who have experienced sexual assault; BH-226, (562) 985-4001, www.csulb.edu/caps.
Student Health Services offers routine medical examinations, including pregnancy tests and tests for sexually transmitted diseases; (562) 985-4771, www.csulb.edu/shs.
The Women’s & Gender Equity Center provides referrals to campus and community services and annual educational programs on awareness and prevention of sexual assault, rape, domestic and interpersonal violence, and stalking; LA1-102, (562) 985-8576, www.csulb.edu/wrc.
Long Beach Trauma Recovery Center, a partnership between CSULB and St. Mary Medical Center, provides comprehensive trauma and mental health care for victims of crime and their families at no cost; (562) 491-7977, www.ced.csulb.edu/lbtrc/lbtrc-hours-and-directions.
Off-Campus 24-Hour Hotlines:
- YWCA/GLA Sexual Assault Crisis Program – (877) 943-5778
- Orange County Rape Crisis Hotline – (949) 831-9110 and (714) 957-2737
- The Rape Treatment Center – Santa Monica Hospital, (310) 319-4000
- East LA Rape Hotline – (800) 585-6231
- Peace Over Violence – LA Metro, (310) 392-8381 and (213) 626-3393
- Peace Over Violence – San Gabriel Valley (626) 793-3385
- Center for the Pacific Asian Family – (800) 339-3940
- Interval House Crisis Shelter (Domestic Violence Services) – (562) 594-4555
- WomenShelter of Long Beach (Domestic Violence Services) – (562) 437-4663
- Su Casa Domestic Violence Services – (562) 402-48888
Executive Order 1097
Systemwide Policy Prohibiting Discrimination, Harassment and Retaliation Against Students and Systemwide Procedure for Handling Discrimination, Harassment and Retaliation Complaints by Students
Article I. Definitions
For purposes of this Executive Order, the following definitions apply:
- Accused means the CSU, a CSU employee, another Student, or a Third Party against whom an allegation of Discrimination, Harassment or Retaliation has been made.
- Adverse Action means an action that has a substantial and material adverse effect on the Complainant’s ability to participate in a University program or activity free from Discrimination, Harassment or Retaliation, as those terms are defined below. Minor or trivial actions or conduct not reasonably likely to do more than anger or upset a Complainant does not constitute an Adverse Action.
- Advisor. The Complainant and the Accused may each elect to be accompanied by an Advisor to any meeting or interview regarding the allegations. The Advisor may be anyone, provided the Advisor is not a person with information relevant to the allegations who may be interviewed by the Investigator during the investigation. The Advisor may not answer questions regarding the subject matter of the investigation for the Complainant or the Accused.
- Age, as defined in California Government Code § 12926(b), refers to the chronological age of any individual who has reached his or her 40th birthday.
- California State University (CSU) means the 23 campus system of the California State University, including the Office of the Chancellor (CO).
- Calendar Days are defined as Monday through Sunday and includes official holidays.
- Campus or University means any of the 23 campuses of the CSU or the Office of the Chancellor.
- Complaint means a written communication that complies with Article VI. C alleging Discrimination, Harassment or Retaliation against the CSU, an employee, another Student, or a Third Party.
- Complainant means an individual who is eligible to, and does, file a Complaint to report Discrimination, Harassment or Retaliation. It also includes an alleged victim of Discrimination, Harassment or Retaliation in cases where some other person has made a report on that person’s behalf.
- DHR (Discrimination, Harassment, and Retaliation) Administrator means the Management Personnel Plan (MPP) Employee at each Campus who is designated to administer this Executive Order and coordinate compliance with the laws prohibiting Discrimination, Harassment and Retaliation. The DHR Administrator may delegate tasks to one or more designees. MPP Employee, as defined in Cal. Code Regs. Title5 § 42720 et seq., means an employee who has been designated as “management” or “supervisory” under the provisions of the Higher Education Employer-Employee Relations Act. The president may assign the roles of the DHR Administrator and Title IX Coordinator (defined below) to the same person. The names of, and contact information for, the DHR Administrator and Title IX Coordinator shall be made readily available to the Campus community and Third Parties as described in Article III.
- Disability means mental or physical disability as defined in California Education Code § 66260.5.
- Discrimination means Adverse Action taken against a Student by the CSU, a CSU employee, another Student, or a Third Party because of a Protected Status.
- Gender, as defined in Cal. Educ. Code § 66260.7, means sex, and includes a person’s gender identity and gender expression. Gender expression means a person’s gender- related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth.
- Sex, as defined in Cal. Gov. Code § 12926(p), includes but is not limited to pregnancy, childbirth or associated medical condition(s).
- Genetic Information, as defined in Cal. Civ. Code § 51(2)(e), means:
- The Student’s genetic tests.
- The genetic tests of the Student’s family members.
- The manifestation of a disease or disorder in the Student’s family members.
- Any request for, or receipt of genetic services, or participation in clinical research that includes genetic services, by a Student or any Student’s family member.
- Genetic Information does not include information about any Student’s sex or age.
- Harassment means unwelcome conduct engaged in because of a Protected Status that 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 Student, and is in fact considered by the Student, as limiting the Student’s ability to participate in or benefit from the services, activities or opportunities offered by the University.
This policy covers unwelcome conduct of a sexual nature. While romantic and/or social relationships between members of the University community may begin as consensual, they may evolve into situations that lead to charges of Sexual Harassment or Sexual Violence, including Domestic Violence, Dating Violence and Stalking, subject to this policy.
- Sexual Harassment, a form of Sex Discrimination, is unwelcome verbal, nonverbal or physical conduct of a sexual nature that includes, but is not limited to Sexual Violence, sexual advances, requests for sexual favors, and indecent exposure where:
- Submission to, or rejection of, the conduct is explicitly or implicitly used as the basis for any decision affecting a Student’s academic status or progress, or access to benefits and services, honors, programs, or activities available at or through the University; or
- Such 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 Student, and is in fact considered by the Student, as limiting the Student’s ability to participate in or benefit from the services, activities or opportunities offered by the University; or
- Such 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 Student, and is in fact considered by the Student, as intimidating, hostile or offensive.
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.
- Sexual Violence is a form of Sexual Harassment and means physical sexual acts, such as unwelcome sexual touching, Sexual Assault, Sexual Battery, Rape, Domestic Violence, Dating Violence and Stalking (when based on gender or sex) perpetrated against an individual against his or her will and without consent or against an individual who is incapable of giving consent due to that individual’s status as a minor, use of drugs or alcohol, or Disability.1 Sexual Violence may include 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).
Men as well as women can be victims of these forms of sexual assault. Unlawful sexual intercourse with a minor (statutory rape) occurs even if the intercourse is consensual when the victim is under 18 years old, because the victim is considered incapable of giving legal consent due to age.
- Sexual Assault is a form of Sexual Violence and is 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
- Sexual Battery is a form of Sexual Violence and is any willful and unlawful use of force or violence upon the person of another because of that person’s gender or sex.3
- Rape is a form of Sexual Violence and is 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 s/he is incapacitated from alcohol and/or drugs, is under 18 years old, or if a mental disorder or developmental or physical Disability renders a person incapable of
giving consent. The accused’s relationship to the person (such as family member, spouse, friend, acquaintance or stranger) is irrelevant.4 (See complete definition of Consent below.)
- Acquaintance Rape is a form of Sexual Violence committed by an individual known to the victim. This includes a person the victim may have just met; i.e., at a party, introduced through a friend, or on a social
networking website. (See above for definition of Rape.)
- Consent means an informed, affirmative, conscious decision by each participant to engage in mutually agreed-upon sexual activity.
• Consent must be voluntary, and given without coercion, force, threats, or intimidation. Consent requires positive cooperation in a particular sexual act, or expression of intent to engage in that sexual act through the exercise of free will.
• Consent can be withdrawn or revoked. Consent to one form of sexual activity (or one sexual act) does not constitute consent to other forms of sexual activity (or other sexual acts). Consent to sexual activity
given on one occasion does not constitute consent to sexual activity on another occasion. The fact that two people are or were in a dating or sexual relationship does not constitute consent to engage in sexual
activity. There must always be mutual and affirmative consent to engage in sexual activity. Consent to a sexual act may be withdrawn or revoked at any time, including after penetration. The victim’s request for the perpetrator to use a condom or birth control does not, in and of itself, constitute consent. Once consent is withdrawn or revoked, the sexual activity must stop immediately.
• Consent cannot be given by a person who is incapacitated. For example, a person cannot give consent if s/he is unconscious or coming in and out of consciousness. A person is incapacitated if s/he lacks the physical and/or mental ability to make informed, rational judgments. Examples of incapacitation include unconsciousness, sleep and blackouts. 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 capacity, awareness of consequences, and ability to make fully informed judgments. A person with
a medical or mental disability may also lack the capacity to give consent.
• Being intoxicated by drugs or alcohol does not diminish a person’s responsibility to obtain consent from the other party before engaging in sexual activity. Factors to be considered include whether the person knew, or whether a reasonable person in the accused’s position should
have known, that the victim did not give, or revoked, consent; was incapacitated; or was otherwise incapable of giving consent.
• Sexual intercourse with a minor is never consensual when the victim is under 18 years old, because the victim is considered incapable of giving legal consent due to age.
- Domestic Violence is a form of Sexual Violence and is 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 (6) the length of the relationship.5
- Dating Violence is a form of Sexual Violence and is 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.6 This may include someone the victim just met; i.e., at a party, introduced through a friend, or on a social networking website.
- Stalking means a repeated course of conduct directed at a specific person (when based on gender or sex) that places that person in reasonable fear for his/her or others’ safety, or causes the victim to suffer substantial
- Investigator means the person tasked with investigating a Complaint at Level I. All investigators shall receive annual training regarding such issues as the laws governing Discrimination, Harassment and Retaliation; Title IX and VAWA/Campus SaVE Act (as defined below); as well as other related state and federal laws prohibiting Discrimination, Harassment and Retaliation based on Gender or Sex, including Sex Discrimination, Sexual Harassment, Sexual Violence, Domestic Violence, Dating Violence and Stalking; Student and witness privacy rights; and the Family Educational Rights and Privacy Act of 1974 (FERPA). For matters involving Sex Discrimination, Sexual Harassment and Sexual Violence, the Investigator shall also receive annual training on how to conduct an investigation process that protects the safety of the Complainant.
The Investigator shall not be within the administrative control or authority of any Accused CSU employee. The Investigator may be the DHR Administrator, the Title IX Coordinator, or their designee, provided that he/she shall be an MPP Employee or an external consultant.
- Nationality, as defined in Cal. Educ. Code § 66261.5, includes citizenship, country of origin, and national origin.
- Preponderance of the Evidence means the greater weight of the evidence; i.e., that the evidence on one side outweighs, preponderates over, or is more than, the evidence on the other side. The Preponderance of the Evidence is the applicable standard for demonstrating facts in an investigation conducted pursuant to this Executive Order.
- Protected Status means Age, Disability, Gender, Genetic Information, Nationality, Race or Ethnicity, Religion, Sexual Orientation, and Veteran or Military Status.
- Race or Ethnicity, as defined in Cal. Educ. Code § 66261.7, includes ancestry, color, ethnic group identification, and ethnic background.
- Religion, as defined in Calif. Educ. Code § 66262, includes all aspects of religious belief, observance, and practice and includes agnosticism and atheism. Religious dress and grooming practices, such as wearing religious clothing, head or face covering, jewelry, and artifacts, are part of a Complainant’s religious observance or belief.
- Remedies mean actions taken to correct a violation of the prohibitions against Discrimination, Harassment and Retaliation set forth in this Executive Order. Interim Remedies shall be offered to a victim prior to the conclusion of an investigation in order to immediately stop the alleged wrong-doing and/or reduce or eliminate negative impact, when appropriate. Victims of Sex Discrimination, Sexual Harassment, Sexual Violence, Domestic Violence, Dating Violence, and Stalking must be provided reasonable Interim Remedies, if requested by the victim, regardless of whether the victim chooses to report the conduct to campus police or local law enforcement. Examples may include offering the victim the option of psychological counseling services, changes to academic or living situations, completing a course and/or courses on-line (if otherwise appropriate), academic tutoring, arranging for the re-taking of a class or withdrawal from a class without penalty, and/or any measure as appropriate to stop further alleged Discrimination, Harassment or Retaliation until an investigation is concluded or an informal resolution is reached (except in cases of Sexual Violence where informal resolution is not appropriate). The Title IX Coordinator shall assist and provide the victim with reasonable remedies as requested by the victim throughout the reporting, investigative, and disciplinary processes, and thereafter.
- Retaliation means Adverse Action taken against a Student because he/she has or is believed to have:
- Exercised rights under this Executive Order;
- Reported or opposed conduct which he/she reasonably and in good faith believes is Discrimination, Harassment or Retaliation;
- Participated in a Discrimination, Harassment or Retaliation investigation/proceeding; or
- Assisted someone in reporting or opposing Discrimination, Harassment or Retaliation.
- Sexual Orientation, as defined in Cal. Educ. Code § 66262.7, means heterosexuality, homosexuality, or bisexuality.
- 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 a degree, and a CSU student who withdraws from the University while a disciplinary matter (including investigation) is pending.
- Third Party means a person other than an Employee or a Student. Examples include employees of auxiliary organizations (as defined in 5 Cal. Code Regs. § 42406), volunteers, independent contractors, vendors and their employees, and visitors.
- Title IX means Title IX of the Education Amendments of 1972 (Title IX).
- Title IX Coordinator means the Campus MPP Employee appointed by the Campus president to coordinate compliance with Title IX; VAWA/Campus SaVE Act; and other related state and federal laws prohibiting Discrimination, Harassment and Retaliation based on Gender or Sex, including Sex Discrimination, Sexual Harassment, Sexual Violence, Domestic Violence, Dating Violence, and Stalking. (See Executive Order 1095).
Each campus may designate one or more Deputy Title IX Coordinators, also of MPP status. The Title IX Coordinator may delegate training, education, communications, complaint procedure administration, investigations, and related Title IX duties to one or more Deputy Title IX Coordinators. However, all Deputy Title IX Coordinators must report to the Title IX Coordinator, and the Title IX Coordinator shall oversee and supervise all such delegated tasks. MPP Employee, as defined in 5 Cal. CodeRegs. § 42720 et seq., means an employee who has been designated as “management” or “supervisory” under the provisions of the Higher Education Employer-Employee Relations Act. The president may assign the roles of the DHR Administrator and Title IX Coordinator to the same person. The names of, and contact information for, the DHR Administrator and Title IX Coordinator shall be made readily available to the Campus community and Third Parties as described in Article III.
- 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).
- Veteran or Military Status means service in the uniformed services.
- Working Days are defined as Monday through Friday, excluding all official holidays or Campus closures at the Campus where the Complaint originated or at the Chancellor’s Office where the Complaint Level II Appeal is reviewed.
Article II. Policy Statement
The CSU is committed to maintaining an inclusive community that values diversity and fosters tolerance and mutual respect. All Students have the right to participate fully in CSU programs and activities free from unlawful Discrimination, Harassment and Retaliation. The CSU prohibits Harassment of any kind, including, Sexual Harassment and Sexual Violence, Domestic Violence, Dating Violence, and Stalking. Such behavior violates both law and University policy. The University shall respond promptly and effectively to all reports of Discrimination, Harassment and Retaliation, and shall take appropriate action to prevent, correct, and when necessary, discipline behavior that violates this policy.
The CSU strives to be free of all forms of unlawful Discrimination, Harassment and Retaliation. This policy is established in compliance with the California Equity in Higher Education Act (Education Code § 66250 et seq.), Title IX, VAWA/Campus SaVE Act, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, and the Age Discrimination Act of 1975, among other applicable state and federal laws. It is CSU policy that no Student shall, on the basis of any Protected Status, be unlawfully excluded from participation in, or be denied the benefits of, any CSU program or activity. Nor shall a Student be otherwise subjected to unlawful Discrimination, Harassment, or Retaliation for exercising any rights under this Executive Order.
Except as noted below, any Campus community member who knows or has reason to know of allegations or acts that violate this policy, shall promptly inform the DHR Administrator or Title IX Coordinator (where the allegations involve Sex Discrimination, Sexual Harassment or Sexual Violence). Except as noted below, Employees are required to disclose the name of a possible victim of Sexual Violence to the Title IX Coordinator even where the victim has requested that his/her name remain confidential; the Title IX Coordinator will determine whether confidentiality is appropriate given the circumstances of each such incident as set forth in Executive Order 1095.
- The following persons are not required to report any information about an
incident of Sexual Violence: (1) physicians; psychotherapists; professional, licensed counselors; and clergy who work on or off campus, and who provide medical or mental health treatment or counseling (including those who act in that role under their supervision); and (2) 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 (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 or health centers), without the victim’s consent; and
- The following persons are not required to report any personally-identifiable information about a victim of Sexual Violence, if the victim requests confidentiality, but must report the facts of the incident, including the identity of the perpetrator (if known): University police.
Employees and Students who violate this policy shall be subject to discipline. If employee discipline is appropriate, it shall be administered in a manner consistent with applicable collective bargaining agreements, CSU policies, and legal requirements. Student discipline shall be administered in accordance with 5 Cal. Code Regs. § 41301 and Executive Order 1098, or any superseding executive order, if applicable.
Article III. Policy Implementation and Communication
Each Campus president shall designate a DHR Administrator who shall be responsible for the implementation of, and compliance with, this policy. The DHR Administrator is responsible for publicizing this Executive Order, developing campus training policies consistent with this Executive Order, conducting training, and establishing an administrative structure consistent with this Executive Order that facilitates the prevention and elimination of Discrimination, Harassment and Retaliation, including Sex Discrimination, Sexual Harassment, Sexual Violence, Domestic Violence, Dating Violence and Stalking. Each Campus shall make the contact information for the DHR Administrator and Title IX Coordinator available to all members of the campus community as well as Third Parties. The contact information shall be updated, as necessary.
The requirements for training to promote awareness of CSU policies against Sex Discrimination, Sexual Harassment, Sexual Violence, Domestic Violence, Dating Violence, and Stalking, are set forth in Executive Order 1095.
This Executive Order shall be made readily available to all Students, CSU employees, and Third Parties, utilizing multiple media of communication, including Student orientations and catalogs, new employee orientations, Campus websites and publications, and the offices of Equity and Diversity, Student Affairs, Student Judicial Affairs, Disabled Student Services, Auxiliary Service Organizations, Academic Affairs, Extended Education and Human Resources.
Article IV. Procedure for Handling Alleged Policy Violations
This Executive Order provides Students a procedure to address Discrimination, Harassment and Retaliation by the CSU, a CSU employee, another Student, or a Third Party. Whenever a Campus determines that a Complaint is outside the scope of this Executive Order, the Campus shall promptly so notify the Student in writing.
- Who May Use This Procedure
Subject to the exceptions set forth below, any Student may file a complaint of
Discrimination, Harassment or Retaliation under this Executive Order.
- Exception: Complaints of Student employees whose Discrimination, Harassment or Retaliation complaints arise out of their employment. Such complaints shall be governed by Executive Order 1096, or any superseding executive order, if applicable.
- Exception: Complaints by a Student about his/her academic adjustments and/or accommodations to a University’s educational program related to his/her Disability. Such inquiries and complaints shall be directed to the Campus Director, Disabled Student Services (DSS), and shall be governed by coded memorandum AA 2014-08, or any superseding policy, if applicable.
- Grade Appeals That Allege Discrimination, Harassment or Retaliation
Grade appeals that allege Discrimination, Harassment or Retaliation shall proceed concurrently: (i) under Campus procedures per Executive Order 1037 or any superseding Executive Order, as applicable; and (ii) under this Executive Order. However, the Campus grade appeal procedure shall be placed in abeyance until such time as the Campus and any appeal processes under Article VI and/or Article VII of this Executive Order have concluded. The final determination under this Executive Order regarding whether Discrimination, Harassment or Retaliation occurred shall be provided to the Campus grade appeal committee. The committee shall be bound by such determination when considering the grade appeal request under Executive Order 1037.
Grade appeals that do not allege Discrimination, Harassment or Retaliation shall be filed under Campus procedures, per Executive Order 1037, or any superseding executive order, if applicable.
Article V. Informal Resolution – Campus Level
Students who believe they are or may have been victims of Discrimination, Harassment or Retaliation may initiate the Informal Resolution process prior to, or instead of, filing a Complaint. However, it is not appropriate in such cases for a Student to be required to “work out the problem” directly with the Accused; and in no event should any meeting between the Student and the Accused occur without appropriate involvement by the University (i.e., the DHR Administrator or Title IX Coordinator, if the allegations involve Sex Discrimination, including Sexual Harassment).
Where the allegations involve Sex Discrimination (including Sexual Harassment or Sexual Violence), the Complainant shall promptly be referred to the Title IX Coordinator. The Title IX Coordinator shall meet with the Complainant to discuss the Complainant’s concerns and reasonable Interim Remedies, as appropriate. In cases where Sexual Violence is alleged, the Complainant shall also be advised to immediately file a Complaint under Article VI. Informal resolution is not appropriate when Sexual Violence is alleged.
In all other cases, the Student shall be notified that the Student, the Accused or the University may at any time elect to terminate the Informal Resolution Process. In that event, the DHR Administrator/Title IX Coordinator shall promptly notify the Student and the Accused in writing that the Informal Resolution process has terminated, the effective date thereof, and inform the student of his/her right to file a complaint pursuant to Article VI.
Upon receipt of a Student’s concern, the DHR Administrator or Title IX Coordinator (if the allegations involve Sex Discrimination, Sexual Harassment and Sexual Violence) shall promptly meet with the Student to discuss his or her concern and Interim Remedies, as appropriate.
During the pendency of the Informal Resolution process, the timeline to file a Complaint shall be extended for a period of no longer than 30 Calendar Days. Thus, under Article VI.B, if an extension is granted, a Complaint may be filed within 90 Calendar Days after the most recent alleged act of Discrimination, Harassment or Retaliation occurred, or 60 Calendar Days after the end of the academic term (semester/quarter) in which the most recent alleged act of Discrimination, Harassment or Retaliation occurred (whichever comes later).
If the Student’s concern alleges Sex Discrimination (including but not limited to Sexual Harassment, Sexual Violence, Domestic Violence, Dating Violence or Stalking), the Title IX Coordinator shall, during the initial meeting with the Student, undertake any and all applicable steps described in Article VI. D. In cases alleging Sexual Violence, Domestic Violence, Dating Violence or Stalking, the Student shall also be advised to immediately file a Complaint under Article VI. In accordance with Title IX and VAWA/Campus SaVE Act, Executive Order 1095 describes the written information that must be provided to a Student who reports to the University that he/she has been a victim of Sexual Violence (including Domestic Violence, Dating Violence or Stalking).
The Campus shall attempt to resolve the Student’s concern quickly and effectively. The DHR Administrator (or Title IX Coordinator, where the allegations involve Sex Discrimination or Sexual Harassment) shall meet with the Student, the Accused, and any other persons or witnesses determined by the DHR Administrator or Title IX Coordinator to be necessary for a resolution of the matter, to review the allegations and any responses. Informal Resolution may take the form of a negotiated resolution facilitated by the DHR Administrator or Title IX Coordinator.
If informal resolution is reached, a record of the resolution shall be signed by the Student and maintained in accordance with applicable Campus recordkeeping policies. The matter shall be considered closed and the Student is precluded from filing a Complaint or appeal concerning the same incident, except where the terms of the informal resolution have been violated or have been ineffective in stopping the Discrimination, Harassment, or Retaliation.
Where the Accused is another Student, the DHR Administrator/Title IX Coordinator shall inform the student conduct administrator of the outcome of the Informal Resolution process, including any Interim Remedies and/or Remedies afforded to the Student-victim.
If resolution is not reached, the Campus shall promptly notify the Student and the Accused in writing that the Informal Resolution process is terminated, and the termination effective date. At the Student and/or Accused’s request, such notification shall also be provided to the Student and/or Accused’s respective Advisor. The Student shall be provided written notification about how to file a Level I Complaint and the timeline for doing so.
Both the Student and the Accused shall keep the details of the Informal Resolution process confidential until the process is concluded. If the matter is not resolved informally and an investigation is conducted, the Student and the Accused shall maintain confidentiality until the conclusion of the Level I and Level II processes, if any.
Article VI. Level I - Campus Level
The Campus may determine that circumstances warrant initiating an investigation even if a Complaint has not been filed and independent of the intent or wishes of the Student. In that event, any such investigation shall be subject to Article VI. D through I and Article VIII. A through H only. Such investigation shall not be subject to Article VII (Level II Appeal Review - Office of the Chancellor).
- Filing a Complaint. The Student shall submit a written Complaint to the DHR Administrator/Title IX Coordinator. The date of receipt shall be deemed to be the Complaint filing date. The DHR Administrator/Title IX Coordinator shall offer reasonable accommodations to Students who are unable to submit a written complaint because of Disability.
- Timeline for filing a Complaint. To be timely, a Complaint must be filed within 60 Calendar Days after the most recent alleged act of Discrimination, Harassment or Retaliation occurred, or 30 Calendar Days after the end of the academic term (semester/quarter) in which the most recent alleged act of Discrimination, Harassment or Retaliation occurred (whichever comes later). This timeline may be extended pursuant to Article V, above.
- Complaint Requirements. The Student should complete the attached “CSU Student Discrimination/Harassment/Retaliation Complaint Form” or, in the alternative, submit a written signed statement containing the following information:
- The Student’s full name, address (including email address) and telephone number(s);
- The name of the Accused and job title, position or Student status, if known;
- The Protected Status that is the basis for the alleged Discrimination,
Harassment, or Retaliation, or the Complainant’s activity that is the basis
for the alleged Retaliation;
- A clear, concise statement of the facts that constitute the alleged
Discrimination, Harassment, or Retaliation, including pertinent date(s) and
sufficient information to identify any individuals who may provide relevant
information during the course of any investigation;
- A statement verifying that the information provided is true and accurate to
the best of the Student’s knowledge;
- The term and year of the Student’s most recent active academic status or
the term and year in which he/she sought admission to the University;
- The full name, address and telephone number of the Student’s advisor, if any;
- The specific harm resulting from the alleged Discrimination, Harassment
- The specific remedy sought;
- The Student’s signature; and
- The date on which the Complaint is submitted.
- Intake interview. The DHR Administrator or Title IX Coordinator (in cases alleging Sex Discrimination, Sexual Harassment, Sexual Violence, Domestic Violence, Dating Violence and Stalking) shall meet with the Student as soon as possible, but no later than 10 Working Days after the Complaint was received. The Student shall make him/herself available for this meeting. Executive Order 1095 describes written information that must be provided to any Student who reports to the University that he/she has been a victim of Sexual Violence, pursuant to Title IX and VAWA/ Campus SaVE Act:
- The meeting shall serve as the initial intake interview and will: (a) acquaint the Student with the investigation procedure and timelines; (b) inform the Student of his/her rights (including having an advisor throughout the process); (c) provide the opportunity for the Student to complete and sign a Complaint form, if not already done; and (d) discuss Interim Remedies, as appropriate.
- In cases alleging Sexual Violence, the Title IX Coordinator shall inform the Student of the right to file a criminal complaint; offer to assist the Student with filing a criminal complaint; assure the Student that such filing will not significantly delay the Campus investigation; advise the Student of available resources such as the Campus police, student health service center or psychological counseling center; and discuss reasonable and appropriate Interim Remedies. Executive Order 1095 describes the other items that must be addressed with the Student, including the provision of written information to any Student who reports to the University that he/she has been a victim of Sexual Violence.
- Advisor. The Student and the Accused may elect to be accompanied by an advisor to any meeting or interview regarding the Complaint. The advisor may be an attorney. The advisor may not speak on behalf of the Student or Accused; his/her role is limited to observing and consulting.
- Confidentiality. Information regarding the Complaint shall be shared with other University employees and law enforcement exclusively on a “need to know” basis. University employees shall endeavor to honor any Complainant’s or victim’s request for confidentiality; however, the University shall also weigh requests for confidentiality against its duty to provide a safe and nondiscriminatory environment for all members of the Campus community. Confidentiality, therefore, cannot be ensured. Except as noted in Article II, in cases involving Sexual Violence, victim requests for complete confidentiality are to be referred to the Title IX Coordinator, who will then determine whether the request for complete confidentiality can be honored under the facts and circumstances of the particular case. (See Executive Order 1095).
- Investigation Procedure. The DHR Administrator or Title IX Coordinator (in cases alleging Sex Discrimination, including Sexual Harassment and Sexual Violence) shall promptly investigate the Complaint or assign this task to another Investigator on a case- by-case basis. The Investigator shall receive annual training regarding such issues as the investigatory process; and the laws governing Discrimination, Harassment and Retaliation. (See also Executive Order 1095 regarding required training for Sexual Harassment and Sexual Violence investigations.) If delegated, the DHR Administrator or the Title IX Coordinator (in cases alleging Sex Discrimination, including Sexual Harassment and Sexual Violence) shall oversee the investigation to ensure that it is conducted in accordance with the standards, procedures and timelines set forth herein.
The Student and the Accused shall have equal opportunities to present relevant witnesses and evidence in connection with the investigation.
The investigation shall be completed no later than 60 Working Days after the intake interview, unless the timeline has been extended pursuant to Article VIII. E or F. The timeline should not be extended for a period longer than an additional 30 Working Days from the original due date.
On occasion, a criminal investigation may be initiated by a law enforcement agency over the same allegations that are reported in a Complaint filed under this Executive Order. A pending (Campus or local) police investigation is a separate investigation and it does not relieve a Campus of its responsibility to handle complaints under this Executive Order. Thus, a Campus may not wait until the conclusion of a police investigation to commence its own investigation under this Executive Order. Although it may be necessary to temporarily delay the fact-finding portion of an investigation while the police are gathering evidence, once notified that the police have completed the fact gathering portion of their investigation, the Campus must promptly resume and complete its own investigation. In cases involving Sexual Violence, see the “Coordination with Criminal Investigations and Proceedings” section of Executive Order 1095.
Upon inquiry, the Complainant and Accused shall be advised of the status of the investigation.
- Investigative Report. Within the investigation period stated above, the Investigator shall prepare an investigative report. The report shall include a summary of the allegations, the investigative process, the Preponderance of the Evidence standard, the evidence considered and appropriate findings. The report shall be promptly provided to the DHR Administrator or Title IX Coordinator (if applicable).
- Notice of Investigation Outcome. If the DHR Administrator or Title IX Coordinator (in cases alleging Sex Discrimination, including Sexual Harassment and Sexual Violence) performed the investigation, he or she shall notify the Student in writing of the investigation outcome within 10 Working Days of completing the report. Otherwise, within 10 Working Days of receiving the report, the DHR Administrator or Title IX Coordinator shall review the report and notify the Student in writing of the outcome of the investigation. Where a Complaint is made against another Student, the DHR Administrator or Title IX Coordinator shall also notify the Campus student conduct administrator of the investigation outcome.
Written notice of the investigation outcome shall include a summary of the allegations, the investigative process, the Preponderance of the Evidence standard, the evidence considered, the findings of fact, a determination as to whether this Executive Order was violated, and if so, any Remedies to be afforded to the Complainant (such as an order that the Accused not contact the Complainant). If the outcome is that this Executive Order was not violated, the notice shall inform the Complainant of his/her right to file an appeal under Article VII. At the Complainant’s request, a copy of the notice shall also be provided to his or her Advisor, if any.
A separate written notice shall be provided to the Accused indicating whether or not the allegations at Level I were substantiated. If the outcome is that this Executive Order was not violated, the Accused shall also be informed of the Complainant’s right to file an appeal. At the Accused’s request, a copy of the notice shall also be provided to his or her Advisor.
Article VII. Level II Appeal Review - Office of the Chancellor
- Timing for Appeal to CO. Any Complainant who is not satisfied with a Level I determination that this Executive Order was not violated may file a Level II appeal with the Office of the Chancellor (CO) no later than 14 Calendar Days after receipt of the written notice of the Level I outcome.
Level II appeals shall be addressed to:
Equal Opportunity and Whistleblower Compliance Unit
Systemwide Human Resources
Office of the Chancellor
401 Golden Shore, 4th Floor
Long Beach, California 90802
The CO shall provide prompt written notice to the Accused and the DHR Administrator or Title IX Coordinator (where the allegations involve Sex Discrimination, Sexual Harassment or Sexual Violence) of any such appeal.
- Appeal Request. The appeal shall be in writing and shall: (1) specify the reasons why the determination reached at Level I was erroneous; and (2) identify the specific evidence submitted at Level I that supports a finding the alleged Discrimination, Harassment or Retaliation by a Preponderance of the Evidence. The issues and evidence raised on appeal shall be limited to those raised and identified at Level I. The CO will offer reasonable accommodations to Complainants who are unable to submit a written appeal because of Disability.
- CO Review. The CO review shall be limited in scope to determining (1) whether the Level I findings of fact are supported by a Preponderance of the Evidence; and (2) whether the findings of fact support the conclusion that this Executive Order was not violated. The review will not involve a new investigation and will not consider evidence that the Complainant did not introduce at Level I. If the CO review determines that evidence introduced for the first time at Level II could have affected the Level I determination, the Complaint shall be returned to the Campus so that the Level I investigation may be completed and the findings revised, if necessary, within a specified timeframe. Under these circumstances, the Complainant and Accused shall be informed that the investigation has been reopened and the timeline established in Article VII. D shall be extended pursuant to Article VIII. E and F.
- CO Response. The CO designee shall respond to the Student no later than 60 Working Days after receipt of the Level II appeal, unless the timeline has been extended pursuant to Article VIII. E or F. The response shall include a summary of the issues raised on appeal, a summary of the evidence considered, the Preponderance of the Evidence standard, a determination of the two issues listed in Section C above, and a final decision. A copy shall be forwarded to the DHR Administrator or Title IX Coordinator (where the allegations involve Sex Discrimination, Sexual Harassment or Sexual Violence). At the Complainant’s request, a copy of the CO Response shall also be provided to his or her Advisor. The Campus shall determine whether any remedies shall be afforded to the Complainant and provide prompt written notice to the Complainant of any remedies to be provided to him/her. The CO designee shall provide a separate notice to the Accused and, if requested by the Accused, to his or her Advisor, indicating the appeal outcome; i.e., whether the Accused has been determined to have violated this Executive Order by a Preponderance of the Evidence.
- Closure. The CO Response and decision are final and conclude the CSU Complaint process.
Article VIII. General Provisions for Investigation/Review of Complaints
- All investigations and reviews shall be conducted impartially and in good faith.
- Students and CSU employees are required to cooperate with the investigation and other processes set forth in this Executive Order, including but not limited to attending meetings, being forthright and honest during the process, and keeping confidential the existence and details of the investigation/review. If a Complainant and/or Accused refuse to cooperate, the CSU may draw all reasonable inferences and conclusions on the basis of all available evidence and conclude the investigation/review.
- A Student shall proceed with a Complaint in good faith. A Student who knowingly and intentionally files a false Complaint or gives false statements shall be subject to discipline in accordance with 5 Cal. Code Regs. § 41301. Such disciplinary action shall not be deemed to be Retaliation.
- Both the Student and Accused shall have the right to identify witnesses and other evidence for consideration; however, the CSU shall decide what evidence (if any) is relevant and significant to the issues raised.
- If the Student, the Accused, a witness, the Investigator, CO designee, or other necessary person involved in the Complaint process is unavailable due to any reason deemed to be legitimate by the Investigator/CO designee, the timelines stated herein will be automatically adjusted for a reasonable time period that should not exceed an additional 30 Working Days. The Student and Accused shall receive written notification of any period of extension.
- Timelines set forth herein may also be extended by mutual agreement. If the Student does not agree or does not respond to the CSU’s request for an extension, the CSU shall respond to the Complaint or appeal within the timelines set forth herein. Any such response shall be interim in nature as it will be based upon the information available at the time. The interim response shall note that the investigation or review is continuing until the CSU is satisfied that its duty to respond to the allegation(s) has been appropriately discharged. The interim response shall include a summary of the allegations, a description of the investigative and review process, and shall also provide the Student with an anticipated date of completion.
- When submitting a Complaint or issuing a Level I or II decision, personal delivery, overnight delivery service, or certified mail shall be used. If personal delivery is used, a signature acknowledging the calendar date of delivery shall be obtained which will establish the date of filing or response. If certified mail delivery is used, the postmark shall establish the date of filing or response.
- The University is not obligated to investigate under the provisions of this Executive Order when no Complaint is filed, or when a Complaint is not timely filed. Nevertheless, if the University determines the circumstances warrant an investigation, the University shall investigate the underlying allegations of any Discrimination, Harassment or Retaliation Complaint. In that event, any such investigation shall be subject to Article VI. D through I and Article VIII. A through H of this Executive Order, but shall not be subject to Article VII. The University may in its discretion waive the time limits for filing a Complaint and choose to process the Complaint under this Executive Order. In the event that the University determines an investigation is not warranted, the reasons for that decision shall be reduced to writing and retained by the University according to appropriate record retention policies.
- Where it is necessary for the Complainant or his/her Advisor to have access to specific information for the purpose of filing a complaint, the Complainant or his/her Advisor shall make a written request for such information to the Campus. The Complainant or his/her Advisor shall have access to information within the policies and procedures and laws governing confidentiality and privacy that are relevant to any issue raised in the complaint. This provision does not authorize a Complainant access to the personal files of another without the written consent of that person.
- The CSU is committed to academic freedom assuring that all persons may exercise rights of free expression, speech and assembly; however, those rights do not allow any form of unlawful discrimination, harassment or retaliation.
For the most updated version of the student complaint procedure and policy for discrimination, harassment, and retaliation, please access:
For the most updated version of the “Systemwide Policy Prohibiting Discrimination, Harassment and Retaliation Against Students and Systemwide Procedure for Handling Discrimination, Harassment and Retaliation Complaints by Students”, please access the following URL: http://www.calstate.edu/eo/
For the complaint form: http://www.calstate.edu/eo/EO-1097-Complaint-Form.pdf
Relevant timelines related to the “Systemwide Policy Prohibiting Discrimination, Harassment and Retaliation Against Students and Systemwide Procedure for Handling Discrimination, Harassment and Retaliation
Policy Prohibiting Discrimination and Harassment
No student, employee, volunteer, member of the public or recipient of services and/or benefits provided by CSULB shall be subjected to any form of prohibited discrimination or harassment in any CSULB programs, services or activities.
Prohibited Discrimination is treatment of an individual or class of individuals which denies opportunity, participation or benefit of any of the following grounds:
Race or Ethnicity
Veteran Status or
Prohibited Harassment means unwelcome conduct, including bullying, engaged in because of a protected status that 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 student, and is in fact considered by the student, as limiting the student’s ability to participate in or benefit from the services, activities or opportunities offered by the university.
Prohibited Sexual Harassment, as defined in California Education Code §212.5, consists of both non-sexual conduct based on sex or sex-stereotyping and conduct that is sexual in nature, and includes unwelcome sexual advances, requests for sexual favors, and other verbal, visual or physical conduct of a sexual nature where:
- Submission to, or rejection of, the conduct by the student is explicitly or implicitly used as the basis for any decision affecting the student’s academic status or progress, or access to benefits and services, honors, programs or activities available at or through the university; or
- 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 student, and is in fact considered by the student, as limiting the student’s ability to participate in or benefit from services, activities or opportunities offered by the university.
Prohibited Retaliation/Reprisal means adverse action taken against a student because he/she has or is believed to have:
- Reported or opposed conduct which the student reasonably and in good faith believes is discrimination, harassment or retaliation; or
- Participated in a discrimination, harassment or retaliation investigation/proceeding.
Ihe university has developed both informal and formal processes for the resolution of discrimination and harassment complaints when the incident involves another CSULB student, employee or faculty member. Individuals may utilize either of these avenues to resolve a complaint. Both of these processes are designed to resolve complaints in a timely and responsive manner at the earliest possible stage. Complaints must be filed no later than 60 calendar days from the date of the alleged offense or 30 days after the end of the academic term (semester/quarter) in which the most recent alleged act of discrimination, harassment or retaliation occurred (whichever comes later).
A discrimination complaint resolution officer (Larisa Hamada, Title IX coordinator and director of Equity & Diversity) has been appointed by the university president. This individual serves as a resource for any member of the campus community.
An informal complaint may be initiated by contacting the discrimination complaint officer in the Office of Equity & Diversity. If the proposed remedy is unsatisfactory to the complainant, or if the complaint is not resolved in the informal process, the complaint can proceed to the formal level. All informal complaints reported to other university employees must be referred to the director of Equity & Diversity. The informal complaint process is not appropriate for allegations of sexual violence.
S formal complaint may be initiated by submitting a completed, signed complaint form to the Office of Equity & Diversity, located in USU-301. The complainant will be required to provide an account of the alleged incident, to describe what effect it has caused, and to propose what remedy is sought. Formal complaint procedures include notification to the individual charged with prohibited behavior. In the formal process, an investigation will be conducted by Equity & Diversity, and the findings will be reported to the appropriate division executive or the Office of Student Conduct & Ethical Development. The division executive or Student Conduct will take appropriate action. The complaint will be handled in accordance with Executive Order 1097. (See Regulation XVII in this publication) The full text of these procedures, including timelines, is available in the Office of Equity & Diversity, USU-301, (562) 985-8256.
Note: Students may seek assistance with resolving a complaint against an employee of an auxiliary organization (Associated Students, CSULB Foundation and Forty-Niner Shops) by contacting the appropriate office listed below:
Associated Students human resources manager, USU-232, (562) 985-8875, www.csulb.edu/asi
CSULB Foundation associate director of Human Resources and Administrative Services, Foundation Building, (562) 985-7950, www.foundation.csulb.edu/departments/hr
Forty-Niner Shops director of Human Resources, University Bookstore,
(562) 985-7854, www.csulb.edu/aux/49ershops/
This policy is issued by the university president pursuant to Title 5, California Code of Regulations, Section 41301; and Section 952 of the General Education Provisions Act, as amended. It concerns the disclosure of information to a parent or legal guardian of a student regarding violation(s) of any rule or policy of the university, governing the use or possession of alcohol or a controlled substance. This policy was effective August 1, 2001.
Campus regulations and policies are adopted pursuant to the authority of the university president, CSULB, who is responsible for the educational effectiveness, academic excellence and general welfare of the campus(California Code of Regulations, Title 5, Sections 41301; 42402).
Drug or alcohol violations are determined by established due process procedures, which include notice of the charges and the right to be heard. University-level, student disciplinary procedures follow CSU Executive Order 1098, Student Conduct Procedures for the California State University. The document is available in the Office of Student Conduct & Ethical Development, USU-224; (562) 985-5270. On-campus housing Judicial Board Procedures and housing regulations are available in the Housing and Residential Life Office (562) 985-4187.
The primary purpose of this policy is to allow for notification of parents and legal guardians of students who are under the age of 21 who, after due process procedures, the university has determined that the student in question has violated campus drug or alcohol-related policies. The final decision whether to notify is made by the university president’s designee, the vice president for student affairs. Reasons for such notification include:
- Seeking parental assistance in remediating the student’s immediate alcohol or drug problem;
- Alerting parents to potential difficulty the student may be experiencing;
- Serving as an educational or preventative measure for the student;
- Formally notifying the parents that future violations of campus policies by the student may lead to additional university disciplinary actions.
For further clarification of this policy, contact the Office of the Associate Vice President/Dean of Students, USU-219, (562) 985-8670.
This policy is issued by the university president pursuant to Title 5, California Code of Regulations, Section 41301, Standards for Student Conduct.
A. 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 the university, to be civil to one another and to others in the campus community and to contribute positively to student and university life.
B. 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:
- Dishonesty, including:
- Cheating, plagiarism, or other forms of academic dishonesty that are
intended to gain unfair academic advantage;
- Furnishing false information to a university official, faculty member or
- Forgery, alteration or misuse of a university document, key or
- Misrepresenting one’s self to be an authorized agent of the university or
one of its auxiliaries.
- Unauthorized entry into, presence in, use of or misuse of university property;
- Willful, material and substantial disruption or obstruction of a university-related activity or any on-campus activity;
- 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;
- 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;
- Disorderly, lewd, indecent or obscene behavior at a university-related activity or directed toward a member of the university community;
- 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;
- 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 or university or other educational institution in this state (Penal Code 245.6). In addition, it includes any act likely to cause physical harm, personal degradation or disgrace resulting in physical or mental harm to any former, current or prospective students 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 expressed 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;
- 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;
- 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;
- Theft of property or services from the university community or misappropriation of university resources;
- Unauthorized destruction or damage to university property or other property in the university community;
- 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;
- Unauthorized recording, dissemination or publication of academic presentations (including handwritten notes) for a commercial purpose;
- Misuse of computer facilities or resources, including:
- Unauthorized entry into a file for any purpose;
- Unauthorized transfer of a file;
- Use of another’s identification or password;
- Use of computing facilities, campus network, or other resources to interfere with the work of another member of the university community;
- Use of computing facilities and resources to send obscene or
intimidating and abusive messages;
- Use of computing facilities and resources to interfere with normal university operations;
- Use of computing facilities and resources in violation of copyright laws;
- Violation of a campus computer use policy.
- Violation of any published university policy, rule, regulation or presidential order;
- Failure to comply with directions of, or interference with, any university official or any public safety officer while acting in the performance of his/her duties;
- 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;
- Violation of the Student Conduct Procedures, including:
- Falsification, distortion or misrepresentation of information related to a student-discipline matter;
- Disruption or interference with the orderly progress of a student-discipline proceeding;
- Initiation of a student-discipline proceeding in bad faith.
- Attempting to discourage another from participating in the student-discipline matter;
- Attempting to influence the impartiality of any participant in a student-discipline matter;
- Verbal or physical harassment or intimidation of any participant in a student-discipline matter;
- Failure to comply with the sanction(s) imposed under a student-discipline proceeding;
- Encouraging, permitting or assisting another to do any act that couldsubject 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.
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.
Note: Authority cited: Sections 66017, 66452, 66600, 69810, 89030,
89030.1 and 89035, Education Code. Reference: Sections 66450, 69813 et seq. and 89030, Education Code; and Section 245.6, Penal Code.
STUDENT DISCIPLINARY PROCEDURES FOR THE CALIFONIA STATE UNIVERSITY AND COLLEGES
CSU Executive Order No. 1098, June 2014. Copies of CSU Executive Order 1098 are available in the Office of Student Conduct and Ethical Development, USU-224. Any person wishing to review a copy of CSU Executive Order 1098. For further clarification of this policy or to request a copy of it, contact the director of the Office of Student Conduct and Ethical Development, USU-224, (562) 985-5270.
Back to Table of Contents