General Policies and Regulations

Election of Regulations for Degree Requirements (Catalog Rights)

Undergraduate students acquire “catalog rights” with respect to the requirements for a degree program by maintaining “attendance” continuously. This means that, if continuous attendance is maintained and the degree objective is not changed, students may choose to graduate under the requirements for the degree in effect 1) at the time they began the study in a California community college or another university of The California State University, 2) at the time they entered CSULB, or 3) at the time of graduation from CSULB. Substitutions for discontinued courses may be authorized or required by the Dean of the College. Students who change their major, including changing from “undeclared” status to a defined degree objective or from one option to another option under the same degree, are governed by the degree major requirements in effect at the time of the change or declaration of major. Students who change majors are advised that some courses counted for General Education or double counted for General Education and a major may become unacceptable for General Education in connection with a new major. These students should check with the University Center for Undergraduate Advising or their major advisor.

The term “attendance” means, literally, attendance in a course for at least one semester (or quarter) unit credit in at least one semester (or two quarters) in a calendar year, culminating in a record of enrollment on the student’s official transcript. For the purpose of establishing catalog rights, the course must be at the baccalaureate or graduate level in a California Community College, a California State University, or a University of California campus. Enrollment resulting in a withdrawal (the grading symbols W, WE or WU) does not count as attendance in a course. Students who drop their course and do not take an approved educational leave are subject to having to re-apply to the university.

Once “catalog rights” are established, absence related to an approved medical, military or academic leave or for attendance at another accredited institution of higher education will not be considered an interruption of attendance, provided that the absence does not exceed two years (see Educational Leave).

Failure to remain in continuous attendance will mean that the student must meet the regulations current at the time of resuming the degree program or those applicable at the time of graduation. In addition, for graduate students, a failure to maintain continuous attendance means the automatic revocation of “candidacy” for the degree (advancement to candidacy) and of “catalog rights.”

Changes in Rules and Policies

Although every effort has been made to ensure the accuracy of the information in this catalog, students and others who use this catalog should note that laws, rules, and policies change from time to time and that these changes may alter the information contained in this publication. Changes may come in the form of statutes enacted by the Legislature, rules and policies adopted by the Board of Trustees of the California State University, by the chancellor or designee of the California State University, or by the president or designee of the university. It is not possible in a publication of this size to include all of the rules, policies and other information that pertain to students, the institution, and the California State University. More current or complete information may be obtained from the appropriate department, school, or administrative office.

Nothing in this catalog shall be construed as, operate as, or have the effect of an abridgment or after limitation of any rights, powers, or privileges of the Board of Trustees of the California State University, the chancellor of the California State University, or the president of the university. The trustees, the chancellor, and the president are authorized by law to adopt, amend, or repeal rules and policies that apply to students. This catalog does not constitute a contract or the terms and conditions of a contract between the student and the university or the California State University. The relationship of students to the university and the California State University is one governed by statute, rules, and policy adopted by the legislature, the trustees, the chancellor, the presidents and their duly authorized designees.

Graduation Rates

CSULB’s current graduation rates are higher than most other public, comprehensive universities of similar large size, funding and student mix. 

Further examination of Graduation Rates is available from the CSULB Institutional Research and Analytics Website. 

Completing a baccalaureate degree in a reasonable period of time is an important goal for students and parents. Baccalaureate degrees typically require 120 units (about 40 courses) for a BA or BS, or 132 units for a BFA. Earning a 120-unit degree within four years requires full-time attendance (15 or more units per semester) and is a “full-time job” that requires about 45 hours per week attending class and studying. Degrees in engineering, sciences, and the arts generally require more courses and timely completion requires attending winter session, summer session and/or attending longer than four years. CSULB continues to work to reduce time to degree for freshmen and for transfer students.

CSULB has an obligation, under the federal Student Right-To-Know law, to provide information regarding graduation rates to prospective and current students. The “six-year freshman cohort graduation rate” describes the percentage of students who began as freshmen and completed degrees within six years at the same university. Although important, this measure does not provide complete information, because some students take longer than six years to graduate, some come as transfer students, and some attend several undergraduate institutions before receiving baccalaureate degrees. The tables here show 6-year freshman and 4-year transfer cohort rates and estimated total eventual graduation rates for both freshmen and transfer students. Estimated eventual graduation rates are based on a methodology developed by the California State University system that takes into consideration the number of students still enrolled in good academic standing at the six-year point in time.

Accreditation

The University is accredited by the WASC Senior College and University Commission (WSCUC, located at 985 Atlantic Avenue, Suite 100, Alameda, CA 94501, 510-748-9001), the agency responsible for granting regional accreditation to colleges and universities in California, Hawaii, and Guam. The most recent re-accreditation for 10 years was received in February, 2021. The University is also accredited by the California State Board of Education and is on the list of approved institutions of the American Association of University Women. Additional information concerning University accreditation may be found on our University WSCUC Accreditation website. Additional information concerning departmental accreditation may be obtained from the department concerned or the Office of the Provost.The University is accredited by the WASC Senior College and University Commission (WSCUC, located at 985 Atlantic Avenue, Suite 100, Alameda, CA 94501, 510-748-9001), the agency responsible for granting regional accreditation to colleges and universities in California, Hawaii, and Guam. The most recent re-accreditation for 10 years was received in February, 2021. The University is also accredited by the California State Board of Education and is on the list of approved institutions of the American Association of University Women. Additional information concerning University accreditation may be found on our University WSCUC Accreditation website. Additional information concerning departmental accreditation may be obtained from the department concerned or the Office of the Provost.

• American Language Institute, CPaCE - Commission on English Language Program Accreditation, 1725 Duke Street, Suite 500, Alexandria, VA 22314-3457, phone: 703-519-2070
• Art - National Association of Schools of Art and Design (NASAD), 11250 Roger Bacon Drive, Suite 21, Reston, VA 20190-5248, Telephone: 703-437-0700, Fax: 703-437-6312, E-mail: info@arts-accredit.org
• Business Administration - ACSB International - The Association to Advance Collegiate Schools of Business (AACSB), 777 South Harbour Island Boulevard, Tampa, FL 33602, Phone: 813-769-6500, Fax: 813-769-6559, E-mail: jerryt@aacsb.edu, Web: AACSB Website
• Biochemistry (undergraduate) - American Society for Biochemistry and Molecular Biology (ASBMB), 11200 Rockville Pike, Suite 302, Rockville, MD 20852, Phone 240-283-6640, Web ASBMB Website
• Chemistry (undergraduate) - American Chemical Society, Committee on Professional Training, 1155 16th Street, NW, Washington, DC 20036, Phone: 202-872-4589
• Dance - National Association of Schools of Dance (NASD), 11250 Roger Bacon Drive, Suite 21, Reston, VA 20190, Phone: 703-437-0700, Fax: 703-437-6312, E-mail: info@arts-accredit.org, Web: Arts Accredit Website
• Design - National Association of Schools of Art and Design (NASAD), 11250 Roger Bacon Drive, Suite 21, Reston, VA 20190-5248, Telephone: 703-437-0700, Fax: 703-437-6312, E-mail: info@arts-accredit.org
• Education - National Council for Accreditation of Teacher Education (NCATE), 2010 Massachusetts Avenue NW, Suite 500, Washington, DC 20036, Phone: 202-466-7496, Fax: 202-296-6620, E-mail: ncate@ncate.org, Web: NCATE Website
• Engineering (undergraduate: Aerospace, Chemical, Civil, Computer, Electrical, Engineering Technology, Mechanical) - Accreditation Board for Engineering and Technology, Inc. (ABET), 111 Market Place, Suite 1050, Baltimore, MD 21202, Phone: 410-347-7700, Fax: 410-625-2238, E-mail: info@abet.org, Web: ABET Website
• Family and Consumer Sciences - American Association of Family and Consumer Sciences (AAFCS), Council for Accreditation (CFA), 400 North Columbus Street, Suite 202, Alexandria, VA 22314, Phone: 703-706-4600, 800-424-8080, Fax: 703-706-4663, E-mail: gmcginnis@aafcs.org, Web: AAFCS Website
• Health Care Administration - Association of University Programs in Health Administration (AUPHA), 2000 14th Street North Suite 780, Arlington, VA 22201, Phone: 703-894-0960, Fax: 703-894-0941, Web: AUPHA Website; Commission on Accreditation of Healthcare Management Education (CAHME), 2111 Wilson Blvd., Arlington, VA 22201, Phone: 703-351-5010, Fax: 703-991-5989, E-mail: info@cahme.org, Web: CAHME Website; Commission on Collegiate Nursing Education (CCNE), One Dupont Circle NW, Suite 530, Washington, DC 20036, Phone: 202-887-6791, Fax: 202-887-8476, E-mail: jbutlin@aacn.nche.edu, Web: AACN Website
• Health Science (graduate) - Commission on Collegiate Nursing Education (CCNE), One Dupont Circle NW, Suite 530, Washington, DC 20036, Phone: 202-887-6791, Fax: 202-887-8476, E-mail: jbutlin@aacn.nche.edu, Web: AACN Website; Council on Education for Public Health (CEPH), 1015 15th Street, NW, Washington, DC 20005, (202) 789-1050
• Journalism and Mass Communications-Accrediting Council on Education in Journalism and Mass Communications (ACEJMC) Stauffer-Flint Hall, 1435 Jayhawk Blvd., Lawrence, KS 66045-7575, Phone: 785-864-3973, Fax 785-864-5225, Web: ACEJMC Website
• Music - National Association of Schools of Music (NASM), 11250 Roger Bacon Drive, Suite 21, Reston, VA 20190, Phone: 703-437-0700, Fax: 703-437-6312, E-mail: info@arts-accredit.org, Web: NASM Website
• Nursing - Commission on Accreditation of Healthcare Management Education (CAHME), 2111 Wilson Blvd., Arlington, VA 22201, Phone: 703-351-5010, Fax: 703-991-5989, E-mail: info@cahme.org, Web: CAHME Website; Commission on Collegiate Nursing Education (CCNE), One Dupont Circle NW, Suite 530, Washington, DC 20036, Phone: 202-887-6791, Fax: 202-887-8476, E-mail: jbutlin@aacn.nche.edu, Web: AACN Website; Council on Education for Public Health (CEPH), 1015 15th Street, NW, Washington, DC 20005, (202) 789-1050
• Nutrition, Didactic Program in Dietetics (DPD) - Accreditation Council for Education in Nutrition and Dietetics (ACEND®), 120 South Riverside Plaza, Suite 2190, Chicago, IL 60606, Phone: 800-877-1600, ext. 5400 Email: ACEND@eatright.org, Web: DPD Website
• Physical Therapy - American Physical Therapy Association (APTA), Commission on Accreditation in Physical Therapy, Education (CAPTE), 1111 North Fairfax Street, Alexandria, VA 22314, Phone: 703-706-3245, Fax: 703-838-8910, E-mail: accreditation@apta.org, Web: CAPTE Website
• Public Policy and Administration - National Association of Schools of Public Affairs and Administration (NASPAA), Commission on Peer Review and Accreditation (COPRA), 1120 G Street NW, Suite 730, Washington, DC 20005, Phone: 202-628-8965, Fax: 202-626-4978, E-mail: byrne@naspaa.org, Web: NASPAA Website
• Recreation and Leisure Studies - National Recreation and Park Association/American, Association for Physical Activity and Recreation, (NRPA/AAPAR) Council on Accreditation, 22377 Belmont Ridge Road, Ashburn, VA 20148, Phone: 703-858-2150, Fax: 703-858-0794, E-mail: dtimmerman@nrpa.org
• Social Work - Council on Social Work Education (CSWE), Office of Social Work Accreditation and Educational Excellence, 725 Duke Street, Suite 500, Alexandria, VA 22314, phone: 703-683-8080,Fax: 703-739-9048, E-mail: dpierce@cswe.org, Web: CSWE Website
• Speech and Language Pathology (graduate) - American Speech-Language-Hearing Association, ASHA) Council on Academic Accreditation in Audiology, and Speech-Language Pathology, 10801 Rockville Pike, Rockville, MD 20852, Phone: 301-897-0140, Fax: 301-571-0481, E-mail: ptice@asha.org, Web: ASHA Website
• Theatre Arts - National Association of Schools of Theatre (NAST), 11250 Roger Bacon Drive, Suite 21, Reston, VA 20190, Phone: 703-437-0700, Fax: 703-437-6312, E-mail: info@arts-accredit.org, Web: NAST Website
• University Art Museum - American Association of Museums, Suite 200, 1225 Eye St., NW, Washington, DC 20005, phone: 202-289-1818

CSULB Principles of Shared Community

CSULB takes pride in its tradition of maintaining civility and mutual respect toward all members of the University community. CSULB affirms the importance of democratic and transparent decision-making processes as a shared community.  Therefore, the University is committed to providing an opportunity for all its members - faculty, students, staff, and administrators - to join in the decision making process either through direct participation or representative governance. 

The CSULB Policy on Academic Integrity (07-09) is available from the Academic Senate website. 

CSULB Statement on Civility and Acts of Violence

California State University, Long Beach, takes pride in its tradition of maintaining a civil and non-violent learning, working, and social environment. Civility and mutual respect toward all members of the University community are intrinsic to the establishment of excellence in teaching and learning. They also contribute to the maintenance of a safe and productive workplace and overall healthy university climate.

The University espouses and practices zero tolerance for violence against any member of the University community (i.e., students, faculty, staff, administrators, and visitors). Violence and threats of violence not only disrupt the university environment, they also negatively impact the University’s ability to foster open dialogue and a free exchange of ideas among all university constituencies.

To fulfill this policy, the University strives: 1) to prevent violence from occurring; and 2) to enforce local, state, and federal laws, as well as University regulations, regarding such conduct. The University also has established procedures for resolving and/or adjudicating circumstances involving violence, as well as threats of violence. A threat of violence is an expression of intention that implies impending physical injury, abuse, or damage to an individual or their belongings. All allegations of such incidents (i.e., acts and threats) will be aggressively investigated. Allegations that are sustained may result in disciplinary action up to and including dismissal from employment, expulsion from the University, and/or civil and criminal prosecution.

Members of the university community are encouraged to promptly report any acts of violence, threats of violence, or other behavior, which by intent, act, or outcome harm themselves or others. (Approved October 1997) See the Division of Student Affairs Freedom of Speech and Time, Place and Manner websites for additional information. 

Nondiscrimination Policy and Complaint Procedures

Protected Status: Age, Disability (physical or mental), Gender (or Sex), Genetic Information, Gender Identity (including Transgender), Gender Expression, Marital Status, Medical Condition, Nationality, Race or Ethnicity (including color, caste, or ancestry), Religion or Religious Creed, Sexual Orientation and Veteran or Military Status.

California State University does not discriminate on the basis of age, disability (physical or mental), gender (or sex), genetic information, gender identity (including transgender), gender expression, marital status, medical condition, nationality, race or ethnicity (including color, caste and ancestry), religion or religious creed, sexual orientation and veteran or military status - as these terms are defined in Interim CSU policy - Policy Prohibiting Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation, in its programs and activities, including admission and access. Federal and state laws, including Title VI of the Civil Rights Act of 1964 and the California Equity in Higher Education Act, prohibit such discrimination. Larisa E. Hamada, Assistant Vice President of the Office of Equity & Compliance has been designated to coordinate the efforts of California State University, Long Beach to comply with all applicable federal and state laws prohibiting discrimination on these bases. Inquiries concerning compliance may be presented to Larisa Hamada, Equity & Compliance, at larisa.hamada@csulb.edu, 6300 State University Dr. #220, Long Beach, CA 90815, (562) 985-8256. CSU Executive Order 1097 Revised August 14, 2020, (Executive Order 1097) Interim procedures for all complaints of discrimination, harassment, sexual miscount, sexual exploitation, dating violence, domestic violence, stalking and retaliation made against a student (or any successor executive order policy) is the systemwide procedure for all complaints of discrimination, harassment or retaliation made by students or discrimination, harassment or retaliation made against other CSU students. Interim procedures for complaints of discrimination, harassment, sexual misconduct, sexual exploitation, dating violence, domestic violence, stalking and retaliation (or any successor procedure) is the systemwide procedure for all complaints of discrimination, harassment or retaliation made against the CSU, a CSU employee, other CSU students or a third party. 

Protected Status: Disability

California State University does not discriminate on the basis of disability (physical and mental) - as this term is defined in CSU policy interim CSU Policy Prohibiting Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking and Retaliation - in its programs and activities, including admission and access. Federal and state laws, including sections 504 and 508 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, prohibit such discrimination. Larisa E. Hamada, Assistant Vice President in the Office Equity & Compliance, has been designated to coordinate the efforts of California State University, Long Beach, to comply with all applicable federal and state laws prohibiting discrimination on the basis of disability. Inquiries concerning compliance may be presented to this person at: larisa.hamada@csulb.edu, 6300 State University Dr. #220, Long Beach, CA 90815, (562) 985-8256. Executive Order 1097 Revised August 14, 2020 (or any successor executive order) is the systemwide procedure for all complaints of discrimination, harassment or retaliation made by studentsInterim procedures for all complaints of discrimination, harassment, sexual miscount, sexual exploitation, dating violence, domestic violence, stalking and retaliation made against a student (or any successor policy) is the systemwide procedure for all complaints or discrimination, harassment or retaliation made against other CSU students. Interim procedures for complaints of discrimination, harassment, sexual misconduct, sexual exploitation, dating violence, domestic violence, stalking and retaliation (or any successor procedure) is the systemwide procedure for all complaints of discrimination, harassment or retaliation made against the CSU, a CSU employee, other CSU students or a third party. Executive Order 1111 is the Systemwide Policy on Disability Support and Accommodations.  For more resources and information regarding CSULB accommodations, please visit: Accommodations | California State University, Long Beach

Protected Status: Gender (or sex), Gender Identity( including nonbinary), Gender Expression, Transgender, and Sexual Orientation.

California State University does not discriminate on the basis of gender (or sex), gender identity, gender expression, nonbinary identity, transgender identity, or sexual orientation - as these terms are defined in CSU policy - in its programs and activities, including admission and access. Federal and state laws, including Title IX of the Education Amendments of 1972, prohibit such discrimination. Larisa E. Hamada, Assistant Vice President in the Office of Equity & Compliance, has been designated to coordinate the efforts of California State University, Long Beach, to comply with all applicable federal and state laws prohibiting discrimination on these bases. Inquiries concerning compliance may be presented to Larisa Hamada, Director of the Office of Equity & Compliance, larisa.hamada@csulb.edu, Equity & Diversity, 6300 State University Dr. #220, Long Beach, CA 90815, (562) 985-8256. CSU Executive Order 1097 August 14, 2020 Interim procedures for all complaints of discrimination, harassment, sexual miscount, sexual exploitation, dating violence, domestic violence, stalking and retaliation made against a student (or any successor executive orderpolicy) is the systemwide procedure for all complaints ofor discrimination, harassment or retaliation made by students  or student applicants retaliation made against other CSU students. Interim procedures for complaints of discrimination, harassment, sexual misconduct, sexual exploitation, dating violence, domestic violence, stalking and retaliation (or any successor procedure) is the systemwide procedure for all complaints of discrimination, harassement or retaliation made against the CSU, a CSU employee, other CSU students or a third party. For more information regarding CSULB’s Title IX, please visit:  Title IX | California State University, Long Beach (csulb.edu). 

Title IX of the Education Amendments of 1972 protects all people regardless of their gender or gender identity from sex discrimination, which includes pregnancy, sexual harassment and misconduct:

• Sex Discrimination means an adverse action taken against a student by the CSU, a CSU employee, or another student because of gender or sex (including sexual harassment, sexual misconduct, domestic violence, dating violence and stalking) that is perpetrated against an individual on a basis prohibited by Title IX of the Education Amendments of 1972, 20 U.S.C. §1681 et seq., and its implementing regulations, 34 C.F.R. Part 106 (Title IX); California Education Code §66250 et seq., and/or California Government Code §11135.
• Adverse Action means an action egaged in by the respondent that has a substantial and material adverse effect on the complainant’s ability to particiapte in a university program, activity, or employment. Minor or trivial actions or conduct not reasonably likely to do more than anger or upset a complainant does not constitute and adverse action.  
• Sexual Harassment, (Addendum A) means a form of sex discrimination, is unwelcome verbal, nonverbal, or physical conduct of a sexual nature that includes, but is not limited to, sexual advances, requests for sexual favors, offering employment benefits or giving preferential treatement in exchange for sexual favors, or indecent exposure, 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 Complainant’s academic status or progress, or access to benefits and services, honors, programs, or activities available at or through the University; or
2. Submission to, or rejection of the conduct of the Complainant is explicitly or implicitly used as the basis for any decision affecting a term or condition of the Complainant’s employment, or an employment decision; 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 limiting their ability to participate in orour benefit from the services, activities or opportunities offered by the Universityuniversity; 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 Complainant, and is in fact considered by the Complainant, as creating an intimidating, hostile or offensive environment.

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 and/or a campaign of sexually explicit graffiti; or frequently being exposed to unwanted images of a sexual nature in a classroom that are unrelated to the coursework.

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.

Executive Order 1097 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, and they may develop into situations that lead to Sexual Discrimination, Harassment or, Retaliation, Sexual Misconduct, including Dating or Domestic Violence, or Stalking, subject to this policy.

Claiming that the conduct was not motivated by sexual desire is not a defense to a complaint of harassment based on Gender.

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

1. An Employee conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct;
2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to an Education Program or Activity.

• Sexual Misconduct (Addendum A): 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. Men as well as women 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 Misconduct (Addendum B) 

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.

a. Sexual activity includes, but is not limited to:

•  Kissing
•  touching intimate body parts
• fondling
• intercourse
• penetration, no matter how slight, of the vagina or anus with any part or object
• oral copulation of a sex organ by another person

b. Sexual Misconduct includes, but is not limited to, the following conduct:

• an attempt, coupled with the ability, to commit a violent injury on the person of another because of that person’s Gender or Sex,
•  the intentional touching of another person’s intimate body parts without Affirmative Consent,
•  intentionally causing a person to touch the intimate body parts of another without Affirmative Consent, 
• using a person’s own intimate body part to intentionally touch another person’s body without Affirmative Consent,
• any unwelcome physical sexual acts, such as unwelcome sexual touching,
• using physical force, violence, threat, or intimidation to engage in sexual activity,
• ignoring the objections of the other person to engage in sexual activity,
• causing the other person’s incapacitation through the use of drugs or alcohol to engage in sexual activity,
• taking advantage of the other person’s incapacitation to engage in sexual activity.

c. Intimate body part means the sexual organ, anus, groin, buttocks, or breasts of any person.

d. Sexual activity between a Minor (a person younger than 18 years old) and a person who is at least 18 and two years older than the Minor always constitutes Sexual Misconduct, even if there is Affirmative Consent to all sexual activity. The existence of Affirmative Consent and/or the type of sexual activity may be relevant to the determination of an appropriate Sanction.

e. Persons of all Genders, Gender Identities, Gender Expressions, and Sexual Orientations can be victims of these forms of Sexual Misconduct. Sexual Misconduct can be committed by an individual known to the victim including a person the Complainant may have just met, i.e., at a party, introduced through a friend, or on a social networking website.

f. Affirmative Consent:

Affirmative Consent must be voluntary, and given without coercion, force, threats, or intimidation.

It is the responsibility of each person involved in the sexual activity to ensure Affirmative Consent has been obtained from the other participant(s) prior to engaging in the sexual activity.

Affirmative Consent means an agreement to engage in sexual activity that is:

•  Informed
• Affirmative
• Conscious
• Voluntary and
• Mutual
• Lack of protest or resistance does not mean there is Affirmative Consent.
• Silence does not mean there is Affirmative Consent.
• 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 Consent.
• A request for someone to use a condom or birth control does not, in and of itself, mean there is Affirmative Consent.
• Affirmative Consent can be withdrawn or revoked. Consent must be ongoing throughout a sexual activity and can be revoked at any time, including after sexual activity begins. Once consent is withdrawn or revoked, the sexual activity must stop immediately. 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.

g. Incapacitation

Affirmative Consent cannot be given by a person who is incapacitated. A person is unable to consent when asleep, unconscious, or incapacitated due to the influence of drugs, alcohol, or medication so that the person could not understand the fact, nature, or extent of the sexual activity. A person is incapacitated if the person lacks the physical and/or mental ability to make informed, rational decisions. A person with a medical or mental disability may also lack the capacity to give consent.

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 judgments. 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.

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 age.

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 could not understand the fact, nature, or extent of the sexual activity, or was unable to communicate, due to a mental or physical condition

h. It shall not be a valid excuse that the Respondent believed that the person consented to the sexual activity under either of the following circumstances:

• The Respondent’s belief in Affirmative Consent arose from the intoxication or recklessness of the Respondent;
• The Respondent did not take reasonable steps, in the circumstances known to the Respondent at the time, to ascertain whether the person affirmatively consented.

1. Dating Violence and Domestic Violence

Dating Violence means physical violence or threat of physical violence committed by a person-

a. who is or has been in a social relationship of a romantic or intimate nature with the Complainant; and

b. where the existence of such a relationship shall be determined based on a consideration of the following factors:

I. The length of the relationship.

II. The type of relationship.

III. The frequency of interaction between the persons involved in the relationship.

Domestic Violence means physical violence or threat of physical violence committed by a current or former spouse or intimate partner of the Complainant, by a person with whom the Complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the Complainant as a spouse or intimate partner, or by a person similarly situated to a spouse of the Complainant.

Physical violence means physical conduct that intentionally or recklessly threatens the health and safety of the recipient of the behavior, including assault.

2. Stalking

Stalking means engaging in a Course of Conduct directed at a specific person that would cause a reasonable person to fear for the safety of self or others’ safety or to suffer Substantial Emotional Distress. For purposes of this definition:

• Course of Conduct means two or more acts, including but not limited to, acts in which one party directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about the other party, or interferes with the other party’s property.

• Substantial Emotional Distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

3. Prohibited Consensual Relationships

A Prohibited Consensual Relationship is a consensual sexual or romantic relationship between an Employee and any Student or Employee over whom they exercise direct or otherwise significant academic, administrative, supervisory, evaluative, counseling, or extracurricular authority.

4. Retaliation

Retaliation means that a substantial motivating reason for an Adverse Action taken against a person was because the person has or is believed to have:

a. Exercised their rights under this policy,

b. Reported or opposed conduct which was reasonably and in good faith believed to be in violation of this policy,

c. Assisted or participated in an investigation/proceeding under this policy, regardless of whether the Complaint was substantiated,

d. Assisted someone in reporting or opposing a violation of this policy or assisted someone in reporting or opposing Retaliation under this policy.

Adverse Action means an action engaged in by the Respondent that has a substantial and material adverse effect on the Complainant’s ability to participate in a university program, activity, or employment. Minor or trivial actions or conduct not reasonably likely to do more than anger or upset a Complainant does not constitute an Adverse Action.

Retaliation may occur whether or not there is a power or authority differential between the individuals involved.

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

a. An Employee conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct;

b. Unwelcome conduct determined based on the reasonable person standard to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to an Education Program or Activity.

c. Sexual Assault (Addendum B) means includes the following:

i. Rape (Addendum B) is the penetration, or attempted penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the Affirmative Consent of the Complainant. Rape also includes the attempted penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the Affirmative Consent of the Complainant, with the present ability and the intent to commit Rape.

ii. Fondling  is the touching of the private body parts of another person for the purpose of sexual gratification, without the Affirmative Consent of the victim, including instances where the Complainant is incapable of giving Affirmative Consent because of their age or because of their temporary or permanent mental incapacity.

iii. Incest  is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

iv. Statutory Rape  is sexual intercourse with a person who is under the age of 18 years, the California statutory age of consent.

• Sexual Battery is a form of misconduct and is 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.
• Statutory Rape is sexual intercourse with a person who is under the age of 18 years, the California statutory age of consent.
• Rape (Addendum A) is a form of sexual misconduct 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 they are incapacitated from alcohol and/or drugs, is under 18 years old, or if a mental disorder or developmental or physical disability renders the 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 is a form of sexual misconduct 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.)
• Affirmative Consent means an informed, affirmative, conscious decision by each participant to engage in mutually agreed-upon sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that affirmative consent has been obtained from  the other participant(s) to engage in the sexual activity. Lack of protest or resistance does not mean consent nor does silence mean consent.

Affirmative consent can be withdrawn or revoked.  Affirmative Consent cannot be given by a person who is incapacitated.

A person with a medical or mental Disability may also lack the capacity to give consent.

Sexual activity with a minor (under 18 years old) is never consensual because a minor is considered incapable of giving legal consent due to age.

• 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 consent. 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 revoked. Consent to one form of sexual activity (or 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.
  • A person who is incapacitated cannot give affirmative consent. A person is unable to consent when they are asleep, unconscious or is incapacitated due to the influence of drugs, alcohol, or medication so that they 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 capacity, awareness of consequences, and ability to make fully informed judgments. 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 consent.

• Sexual activity with a minor (a person under 18 years old) is not consensual, because a minor is considered incapable of giving legal consent due to age.
• 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 condition
• It shall not be a valid excuse that the respondent believed that the person consented to the sexual activity under either of the following circumstances:
  • The respondent’s belief in affirmative consent arose from the intoxication or recklessness of the respondent;
  • The respondent did not take reasonable steps, in the circumstances known to the respondent at the time, to ascertain whether the person affirmatively consented.

• Consensual Relationships: Consensual relationship means a sexual or romantic relationship between two persons who voluntarily enter into such a relationship. While sexual and/or romantic relationships between members of the University community may begin as consensual, they may evolve into situations that lead to discrimination, harassment, retaliation, sexual misconduct, dating or domestic violence, or stalking.
  • A University employee shall not enter into a consensual relationship with a student or employee over whom they exercise direct or otherwise significant academic, administrative, supervisory, evaluative, counseling, or extracurricular authority. In the event such a relationship already exists, each university shall develop a procedure to reassign such authority to avoid violations of this policy.
  • This prohibition does not limit the right of an employee to make a recommendation on the personnel matters concerning a family or household member where the right to make recommendations on such personnel matters is explicitly provided for in the applicable collective bargaining agreement or MPP/confidential personnel plan.

The definition of Affirmative Consent is that under Article VII.A.3 above.

• d. Dating Violence (Addendum A) 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. 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 self or another. Abuse does not include non-physical, emotional distress or injury.

Dating Violence (Addendum B) means physical violence or threat of physical violence committed by a person:

i. who is or has been in a social relationship of a romantic or intimate nature with the Complainant; and

ii. where the existence of such a relationship shall be determined based on a consideration

of the following factors: 

1. The length of the relationship.

2. The type of relationship.

3. The frequency of interaction between the persons involved in the relationship.

• e. Domestic Violence  means physical violence or threat of physical violence committed by a current or former spouse or intimate partner of the Complainant, by a person with whom the Complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the Complainant as a spouse or intimate partner, or by a person similarly situated to a spouse of the Complainant.

• f. Stalking means engaging in a course of conduct directed at a specific person that would cause

a reasonable person to:

i. their safety or the safety of others; or

ii. suffer substantial emotional distress.

See further information in CSULB’s sexual misconduct prevention and education statement, Title IX Notice of Nondiscrimination (which includes facts and myths about sexual violence) and Victim’s Rights and Options Notice

2020 CSULB Lactation Policy and Procedure for Students, Employees, and Third Parties

Effective 2020, in accordance with Executive Order 1095 Revised as well as California Labor Code 1030-33, employees, students, and third parties have a right to request a lactation accommodation, including a private space reasonably close location to their working and learning environment. CSULB has designated permanent lactation spaces across the university, which provide a private space for the CSULB community. While these spaces may vary in the specific amenities, all spaces include access to a chair, table, a sink, and electrical outlets. If no permanent lactation space exists in a reasonably close location, individuals may request a temporary lactation space for the duration of their lactation needs.

The University will make every effort to provide reasonable accommodations based on available space and resources and will provide a response to such requests, including written notice if a requested accommodation cannot be provided. Advance notification from the student, employee, or third party is strongly encouraged and we ask university offices to assist in ensuring advance notice so a lactation space can be provided.

Where refrigerators are not available in or reasonable near lactation spaces, individuals may request alternative cooling options as part of a lactation accommodation. All lactation accommodation requests, questions, or concerns should be submitted or referred to the Office of Equity & Compliance for review by contacting  OEC@csulb.edu or 562-985-8256 during the 8AM-5PM business hours. Additional lactation accommodation information, including a campus map, may be found on the Equity & Compliance website: CSULB Title IX Website

An employee may report alleged violations of California Labor Code 1030-33 to the Office of Equity & Compliance or the Labor Commissioner’s field enforcement unit. A student may report alleged Title IX violations to the Office of Equity & Compliance or the Office of Civil Rights. A third party guest of the University may report alleged lactation concerns to the Office of Equity & Compliance or the Department of Fair Employment & Housing.

Whom to Contact If You Have Complaints, Questions or Concerns

Title IX requires the university to designate a Title IX Coordinator to monitor and oversee overall Title IX compliance. The university Title IX Coordinator, Larisa E. Hamada, is available to explain and discuss the university’s complaint process, including the investigation and hearing process; the availability of reasonable supportive measures (both on and off campus regardless of whether the person chooses to report the conduct); the right to file a criminal complaint (for example, in cases of sexual misconduct); 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.

University Title IX Coordinator

• Larisa Hamada, Assistant Vice President, Equity & Compliance 
• 6300 State University Drive
• Foundation Building, Room 220
  Long Beach, California 90815
• Phone: (562) 985-8256
• 8:00 a.m. to 5:00 p.m., Monday through Friday
• Website: Equity and Diversity

Campus Confidential Advocate (Confidential)

• Jacqueline Urtez
• Student Health Services 208-A
• (562) 985-2668
• 8:00 a.m. to 5:00 p.m., Monday through Friday
• Website: Sexual Misconduct Information

University Police

• University Police Department
• 1250 Bellflower Blvd.
  Long Beach, CA 90840
• (562) 985-4101
• Website: University Police

Title IX requires the university to adopt and publish complain procedures that provide for prompt and equitable resolution ​of gender discrimination complaints, including sexual harassment and misconduct, as well as provide training, education and preventive measures related to sex discrimination.  CSU  Executive Order 1097 Revised August 14, 2020,  Interim Procedures for Complaints of Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking and Retaliation Made Against a Student (or any successor policy) is the systemwide procedure for all complaints of discrimination, harassment or retaliation  made by students against, other CSU students. Interim Procedures for Complaints of Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking and Retaliation (or any successor procedure) is the systemwide procedure for all complaints of discrimination, harassment or retaliation made against the CSU, a CSU employee, other CSU students or a third party.

Duty to Report. Except as provided below under confidentiality and sexual misconduct, dating violence, domestic violence, and stalking, any university employee who knows or has reason to know of allegations or acts that violate university policy shall promptly inform the Title IX Coordinator. These employees are required to disclose all information including the names of the parties, even where the person has requested that their name remain confidential. The Title IX Coordinator will determine whether confidentiality is appropriate given the circumstances of each such incident. (See confidential reporting options outlined below.)

Regardless of whether an alleged victim of gender discrimination ultimately files a complaint, if the university knows or has reason to know about possible sexual discrimination, harassment or misconduct, it must review the matter to determine if an investigation is warranted. The university must then take appropriate steps to eliminate any gender discrimination/harassment/misconduct, prevent its recurrence, and remedy its effects.

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

• (800) 421-3481, or (415) 486-5555, or (800) 877-8339 (TDD) or ocr.sanfrancisco@ed.gov
• If you wish to fill out a complaint form online with the OCR, you may do so using the OCR Electronic Complaint Form.  

Safety of the University Community is Primary

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

Information Regarding University, Criminal and Civil Consequences of Committing Acts of Sexual Misconduct

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

Students who are charged/found responsible by the university with gender discrimination, harassment or misconduct will be subject to discipline, pursuant to Interim Procedures for Complaints of Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking and Retaliation Made Against a Students and​ the California State University and Student Conduct Procedures (see Executive Order 1098, revised on August 14, 2020, or any successor executive order) and will be subject to appropriate sanctions. In addition, during any investigation, the university may implement interim measures in order to maintain a safe and non-discriminatory educational environment. Such measures may include: immediate interim suspension from the university; a required move from university-owned or affiliated housing; adjustments to course schedule; and/or prohibition from contact with parties involved in the alleged incident.

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

The University encourages victims of sexual misconduct, dating violence, domestic violence, or stalking (collectively sexual Violence) 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 victims 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 a Sexual Violence 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 cause of Sexual Violence.

University Police, the Title IX Coordinator, University-employed physicians, professional counselors, 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 Communications

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

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

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

EXCEPTIONS: Under California law, any health practitioner employed in a health facility, clinic, physician’s office, or local or state public health department or clinic is required to make a report to local law enforcement if they provide medical services for a physical condition to a patient/victim who they know or reasonably suspect is suffering from (1) a wound or physical injury inflicted by a firearm; or (2) any wound or other physical injury inflicted upon a victim where the injury is the result of assaultive or abusive conduct (including sexual misconduct, domestic violence, and dating violence). This exception does not apply to sexual assault and domestic violence counselors and advocates. Health care practitioners should explain this limited exception to victims, if applicable.

Additionally, under California law, all professionals described above (physicians, psychotherapists, professional counselors, licensed clinical social workers, clergy, and sexual assault and domestic violence counselors and advocates) are mandatory child abuse and neglect reporters, and are required to report incidents involving victims under 18 years of age to local law enforcement. These professionals will explain this limited exception to victims, if applicable.

Finally, some or all of these professionals may also have reporting obligations under California law to: (1) local law enforcement in cases involving threats of immediate or imminent harm to self or others where disclosure of the information is necessary to prevent the threatened danger; or (2) to the court if compelled by court order or subpoena in a criminal proceeding related to the sexual misconduct, dating or domestic violence, or stalking incident. If applicable, these professionals will explain this limited exception to victims.

Reporting to University or Local Police

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

Reporting to the Title IX Coordinator and Other University Employees

Most university employees have a duty to report incidents of sexual misconduct when they are on notice of it. When a complainant tells the Title IX Coordinator or another university employee about an incident of sexual misconduct, the complainant 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 incidents of sexual misconduct directly to the university Title IX Coordinator. As detailed above, in the “Privileged and Confidential Communications” section of this policy, all university employees except physicians, licensed professional counselors, licensed clinical social workers, sexual assault counselors and advocates, must report to the Title IX Coordinator all relevant details about any incidents of sexual misconduct 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 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 violence incident except as otherwise required by law or university policy. A report of sexual misconduct may result in the gathering of extremely sensitive information about individuals in the university 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 of sexual misconduct. 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 or 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. See Executive Order 1095 (or any successor executive order) for further details around confidential reporting, and other related matters. 

Additional Resources

• U.S. Department of Education, regional office:
  Office for Civil Rights
  50 United Nation Plaza, San Francisco, CA 94102
  (415) 486-5555
  TDD (877) 521-2172

         OCR.SanFrancisco@ed.gov

• U.S. Department of Education, national office:
  Office for Civil Rights
  (800) 421-3481

         TDD (800) 877-8339

          OCR@ed.gov
 

• California Coalition Against Sexual Assault
  1215 K. Street, Suite 1850
  Sacramento, CA 95814
  (916) 446-2520   California Coalition Against Sexual Assault Website
• Domestic and Family Violence, Office of Justice Programs, United States Department of Justice: Intimate Partner Violence 
• National Institute of Justice: Intimate Partner Violence, Office of Justice Programs, United States Department of Justice
• National Domestic Violence Hotline Website and phone number 1-800-799-SAFE (7233)
• Office of Violence against Women, United States Department of Justice
• Centers for Disease Control and Prevention: Intimate Partner Violence

Inquiries Concerning Compliance

Inquiries concerning compliance or the application of these laws to programs and activities of California State University, Long Beach, may be referred to the specific university officer(s) identified above or to the Regional Director of the Office for Civil Rights, United States Department of Education, 50 Beale Street, Suite 7200, San Francisco, California 94105.

Equal Access and Opportunity, Non-discrimination/Non-harassment

California State University, Long Beach is a comprehensive, urban university. The University has a professional, cultural and ethical commitment to provide a climate that enables each individual to realize their potential for excellence and that nurtures academic growth and professional development. 

Diversity is both an ideal and an imperative. California State University, Long Beach takes pride in its student body and employees, and affirms that this diversity enriches the work and learning environment of the university. For this reason, the recognition of diversity in our University community extends beyond the limits established by federal or state laws or regulations. 

In addition to fully meeting its obligations of nondiscrimination under federal and state law, CSULB is committed to creating a community in which a diverse population can learn, live, and work in an atmosphere of tolerance, civility, and respect for the rights and sensibilities of each individual, without regard to professional rank, employment status, economic status, ethnic background, political views, sexual orientation, gender identity, or other personal characteristics or beliefs.

CSULB takes seriously its tradition of maintaining civility and mutual respect toward all members of the University community. These qualities are intrinsic to the establishment of excellence in teaching and learning. They also contribute to the maintenance of a productive workplace and an overall positive university climate. Civility and mutual respect thrive only when equal opportunity and access exist, and when retaliation for exercising rights, privileges and obligations is not feared. (Policy 03-09) 

The Assistant Vice President of Equity & Compliance is the designated university coordinator for equal employment opportunity, affirmative action, and civil rights. 

Larisa Hamada, Assistant Vice President, Equity & Compliance 

• 6300 State University Drive
  Foundation Building, Room 220 
  Long Beach, California 90815 
   
• Phone: (562) 985-8256 
• 8:00 a.m. to 5:00 p.m., Monday through Friday 
• Website: Equity & Compliance

The University’s policies and procedures related to discrimination and harassment can be found in the CSU Interim Policy Against Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation (“Interim Policy”).

The Interim Policy is included in this catalogue, in full, and can also be accessed online via the Calstate Policy State website.

Policy Promoting Equal Employment and Educational Opportunity

California State University, Long Beach affirms the equal worth of every individual and of distinctive groups of people, and fosters fair and equal treatment and access for all members of the university community. Therefore, the University is committed to the principles of equal opportunity in education and employment, to policies and practices that ensure equal opportunity and consideration, and to the protection of civil rights. 

It is the policy of California State University, Long Beach to provide programs, services, and benefits, including employment, without regard to age, disability, medical condition, gender (including gender identity, gender expression), genetic information, nationality, race or ethnicity, religion, sexual orientation, as well as Veteran Status (Executive Order 1097).

Reasonable accommodation to disability is considered a means of establishing equal opportunity.

Inquiries Concerning Compliance 

Inquiries concerning compliance or the application of these laws to programs and activities of California State University, Long Beach, may be referred to the specific university officer(s) identified above or to the Regional Director of the Office for Civil Rights, United States Department of Education, 50 Beale Street, Suite 7200, San Francisco, California 94105. 

Title IX

Title IX is a federal law that protects students from discrimination based on sex in education programs or activities that receive federal funding. California State University, Long Beach’s compliance with Title IX and similar state laws is overseen by the Office of Equity & Compliance (see below for contact information). The Office of Equity & Compliance takes reports from students, employees, and certain third parties who have either experienced or become aware of a situation involving sexual harassment, sexual violence, intimate partner violence, sexual exploitation, or stalking.

Title IX: Whom to Contact If You Have Complaints, Questions or Concerns

Title IX requires the university to designate a Title IX Coordinator to monitor and oversee overall Title IX compliance. The university Title IX Coordinator, Larisa E. Hamada, is available to explain and discuss the university’s complaint process, including the investigation and hearing process; the availability of reasonable supportive measures (both on and off university regardless of whether the person chooses to report the conduct); the right to file a criminal complaint (for example, in cases of sexual misconduct); 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. 

University Title IX Coordinator 

• Larisa Hamada, Assistant Vice President, Equity & Compliance  
• 6300 State University Drive
  Foundation Building, Room 220 
  Long Beach, California 90815 
   
• Phone: (562) 985-8256 
• 8:00 a.m. to 5:00 p.m., Monday through Friday 
• Website: Equity and Diversity 

Campus Confidential Advocate (Confidential) 

• Jacqueline Urtez 
• Student Health Services 208-A 
• (562) 985-2668 
• 8:00 a.m. to 5:00 p.m., Monday through Friday 
• Website: Sexual Misconduct Information 

University Police 

• University Police Department 
• 1250 Bellflower Blvd. 
              Long Beach, CA 90840 
• (562) 985-4101 
• Website: University Police 
   

Title IX: Complaint Procedure

Title IX requires the university to adopt and publish complaint procedures that provide for prompt and equitable resolution ​of gender discrimination complaints, including sexual harassment and misconduct, as well as provide training, education and preventive measures related to sex discrimination. The Interim 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. 

Title IX: Duty to Report

Except as provided below under confidentiality and sexual misconduct, dating violence, domestic violence, and stalking, any university employee who knows or has reason to know of allegations or acts that violate university policy shall promptly inform the Title IX Coordinator. These employees are required to disclose all information including the names of the parties, even where the person has requested that their name remain confidential. The Title IX Coordinator will determine whether confidentiality is appropriate given the circumstances of each such incident. (See confidential reporting options outlined below.) 

Regardless of whether an alleged victim of gender discrimination ultimately files a complaint, if the university knows or has reason to know about possible sexual discrimination, harassment or misconduct, it must review the matter to determine if an investigation is warranted. The campus must then take appropriate steps to eliminate any gender discrimination, harassment, or misconduct, prevent its recurrence, and remedy its effects. 

Title IX: Safety of the University Community is Primary 

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

Title IX: Information Regarding Campus, Criminal and Civil Consequences of Committing Acts of Sexual Misconduct 

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

Students who are charged by the university with gender discrimination, harassment or misconduct will be subject to discipline, pursuant to the California State University Student Conduct Procedures (see Executive Order 1098, revised on August 14, 2020, or any successor executive order) and will be subject to appropriate sanctions. In addition, during any investigation, the university may implement interim measures in order to maintain a safe and non-discriminatory educational environment. Such measures may include: immediate interim suspension from the university; a required move from university-owned or affiliated housing; adjustments to course schedule; and/or prohibition from contact with parties involved in the alleged incident. 

Additional Resources 

• U.S. Department of Education, regional office: 
  Office for Civil Rights 
  50 United Nation Plaza, San Francisco, CA 94102 
  (415) 486-5555 
  TDD (877) 521-2172
   
• U.S. Department of Education, national office: 

Office for Civil Rights 
(800) 872-5327 

• California Coalition Against Sexual Assault 

1215 K. Street, Suite 1850 
Sacramento, CA 95814 
(916) 446-2520   

• Know your rights: Title IX prohibits Sexual harassment and Sexual Violence Where you go to School  
• California Coalition Against Sexual Assault Website
• Domestic and Family Violence, Office of Justice Programs, United States Department of Justice: Intimate Partner Violence  
• National Institute of Justice: Intimate Partner Violence, Office of Justice Programs, United States Department of Justice 
• National Domestic Violence Hotline Website and phone number 1-800-799-SAFE (7233) 
• Office of Violence against Women, United States Department of Justice 
• Centers for Disease Control and Prevention: Intimate Partner Violence 
• Defending Childhood, United States Department of Justice 

CSULB Lactation Policy and Procedure for Students, Employees, and Third Parties 

Order 1095 Revised as well as California Labor Code 1030-33 provide that employees, students, and third parties have a right to request a lactation accommodation, including a private space reasonably close location to their working and learning environment. CSULB has designated permanent lactation spaces across the university, which provide a private space for the CSULB community. While these spaces may vary in the specific amenities, all spaces include access to a chair, table, a sink, and electrical outlets. If no permanent lactation space exists in a reasonably close location, individuals may request a temporary lactation space for the duration of their lactation needs. 

The University will make every effort to provide reasonable accommodations based on available space and resources and will provide a response to such requests, including written notice if a requested accommodation cannot be provided. Advance notification from the student, employee, or third party is strongly encouraged and we ask university offices to assist in ensuring advance notice so a lactation space can be provided. 

Where refrigerators are not available in or reasonable near lactation spaces, individuals may request alternative cooling options as part of a lactation accommodation. All lactation accommodation requests, questions, or concerns should be submitted or referred to

• Students: Bob Murphy Access Center (Student Services Center, Room 110; (562) 985-5401; bmac@csulb.edu)
• Staff: Staff Human Resources (Brotman Hall, Suite 335; (562) 985-4031; staffhr@csulb.edu)
• Faculty: Faculty Affairs (562-985-1742; fahr@csulb.edu)

An employee may report alleged violations of California Labor Code 1030-33 to the Office of Equity & Compliance  or the Labor Commissioner’s field enforcement unit. A student may report alleged Title IX violations to the Office of Equity & Compliance or the Office of Civil Rights. A third party guest of the University may report alleged lactation concerns to the Office of Equity & Compliance or the Department of Fair Employment & Housing. 

CSU Interim Policy Against Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation (or superseding policy)

Article I. Statement of Values

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

Article II. Prohibited Conduct Covered Under this Policy

The CSU prohibits the following conduct, as defined in Article VII.

1. Discrimination based on any Protected Status: i.e., Age, Disability (physical and mental), Gender (or sex, including sex stereotyping), Gender Identity (including transgender), Gender Expression, Genetic Information, Marital Status, Medical Condition, Nationality, Race or Ethnicity (including color, caste, or ancestry), Religion (or religious creed), Sexual Orientation, and Veteran or Military Status.
2. Harassment based on any Protected Status.
3. Sexual Harassment, including hostile environment and quid pro quo (“this for that”).
4. Dating Violence, Domestic Violence, Sexual Exploitation and Stalking.
5. Sexual Misconduct.
6. Prohibited Consensual Relationships.
7. Retaliation for exercising rights under this policy, opposing conduct that a person believes in good faith is Discrimination or Harassment because of a Protected Status, or for participating, in any manner, in any related investigation or proceeding.

Article III. Policy Implementation

This policy is established in compliance with:

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

Article IV. Academic Freedom and Freedom of Speech

Freedom of expression is a cornerstone of a democratic society and is essential to the educational process. Universities have a special obligation not only to tolerate, but also to encourage and support, the free expression of ideas, values, and opinions, even when unpopular or controversial. At the same time, the exercising of freedom of expression and assembly must comply with all applicable federal, state, and local laws and CSU policy. Speech activity is not protected by the First Amendment to the U.S. Constitution or by this policy when it includes terrorist threats or the promotion of actual or imminent physical violence or bodily harm. Freedom of expression is not an absolute right. It coexists with other rights and the need for public order and safety.

Not every act that may be offensive or insulting constitutes Discrimination or Harassment, as defined by law and this Policy. At the same time, all members of the university community should recognize that the manner in which they choose to express themselves has consequences and that freedom of expression includes a responsibility to acknowledge and respect the right of others to express differing opinions. Conduct that violates this Policy, including statements that constitute Discrimination, Harassment, Sexual Harassment, Retaliation or Stalking, is not protected by academic freedom or freedom of expression.

Article V. Duty to Report

Individuals who believe that they have experienced Discrimination, Harassment, Sexual Misconduct, Sexual Harassment, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, or Retaliation are strongly encouraged to talk to someone about what happened - so they can secure the support they need, and so the university may respond appropriately.

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

Employees Who Have a Duty to Report

Except as provided below, any Employee who knows or has reason to know of incidents that may violate this Policy has a duty to promptly report to the Title IX Coordinator/Discrimination, Harassment, Retaliation (“DHR”) Administrator, who are the university officials designated to receive these reports. These Employees are known as Responsible Employees and are required to disclose all information available, including the names of the Parties involved, even where the person has requested anonymity.

Employees Who Do Not Have a Duty to Report

Except as required by law (see below for exceptions), the following Employees generally do not have a duty to report to the Title IX Coordinator/DHR Administrator:

1. Physicians; psychotherapists; professional licensed counselors; licensed clinical social workers, and clergy who work on or off campus, acting solely in those roles or capacities as part of their employment, in the provision of medical or mental health treatment or counseling (and those who act under their supervision, including all individuals who work or volunteer in these centers and offices).
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 and who are acting solely in that role (including those who act in that role under their supervision, along with non-professional counselors or advocates who work or volunteer in sexual assault centers, victim advocacy offices, women’s centers, gender equity centers, or health centers) in the provision of counseling or advocacy services.
3. A CSU union representative is not required to report a possible violation of this policy if the information is provided to the union representative, acting in that role, in a confidential setting by a union member seeking advice about a possible violation or representation in a matter within the scope of representation. However, CSU union representatives are strongly encouraged to report the information to the Title IX Coordinator/DHR Administrator.

EXCEPTIONS: Under California law, any health practitioner employed in a health facility, clinic, physician’s office, or local or state public health department or clinic is required to make a report to local law enforcement if he or she provides medical services for a physical condition to a person who he or she knows or reasonably suspects is suffering from: (1) a wound or physical injury inflicted by a firearm; or (2) any wound or other physical injury where the injury is the result of assaultive or abusive conduct (including Rape, Sexual Assault, and Dating and Domestic Violence). This exception does not apply to sexual assault and domestic violence counselors and advocates. Health care practitioners should explain this limited exception, if applicable.

Additionally, under California law, all professionals described above (physicians, psychotherapists, professional counselors, clergy, and sexual assault and domestic violence counselors and advocates) are mandatory child abuse and neglect reporters and are required to report incidents involving victims under 18 years of age to local law enforcement. These professionals will explain this limited exception, if applicable.

Finally, some or all of these professionals may also have reporting obligations under California law to: (1) local law enforcement in cases involving threats of immediate or imminent harm to self or others where disclosure of the information is necessary to prevent the threatened danger; or (2) to the court if compelled by court order or subpoena in a criminal proceeding related to Sexual Misconduct, Dating or Domestic Violence, or Stalking. If applicable, these professionals will explain this limited exception.

Other Matters Related to the Duty to Report

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

Where matters involving Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking or Retaliation are reported to a university Ombuds, the Ombuds must report such incidents to the Title IX Coordinator/DHR Administrator.

University Police, the Title IX Coordinator/DHR Administrator, campus-employed physicians, professional counselors, sexual assault and domestic violence counselors and advocates, and certain other Employees are required to explain to persons reporting Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, or Retaliation their rights and options with respect to confidentiality, their ability to report to a Responsible Employee, as well as information regarding the specific reporting resources.

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

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

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

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

Article VI. Applicable Complaint Procedures

The following describes the appropriate procedures for investigating or adjudicating Complaints that fall under this Policy:

1. Complaints against Employees, former Employees, and/or applicants for employment
   Complaint of Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, or Retaliation against an Employee, former Employee, or an applicant for employment should be made using the Procedures for Complaints of Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation Made Against an Employee or Third-Party.
    
2. Complaints against Students
   A Complaint of Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, or Retaliation against a Student should be made using the Procedures for Complaints of Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation Made Against a Student.
    
3. Complaints against Student-Employees
   A Complaint of Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, or Retaliation against a Student-Employee where the alleged violation arose out of the person’s status as an Employee and not their status as a Student should be made using the Procedures for Complaints of Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation Made Against an Employee or Third-Party.
    
4. Complaints against Third Parties
   A Complaint of Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, or Retaliation against a Third Party should be made using the Procedures for Complaints of Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation Made Against an Employee or Third-Party.
    
5. Complaints against a President
   Complaints against a President should be made to the Chancellor’s Office (CO) using the Procedures for Complaints of Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation Made Against an Employee or Third-Party. However, Complaints against a president shall be processed by the university if the president’s role in the alleged incident was limited to a decision on a recommendation made by another administrator, and the president had no other substantial involvement in the matter.
    
6. Complaints against a Chancellor’s Office Employee or a Title IX Coordinator/DHR Administrator
   For Complaints against CO employees or a university Title IX Coordinator/DHR Administrator, the responsibilities identified in the Procedures for Complaints of Discrimination, Harassment, Sexual Misconduct, and Retaliation Made Against an Employee or Third-Party as those of the President are the responsibilities of the Chancellor.
   
   Complaints that involve allegations against the Chancellor or a member of the Board of Trustees shall be referred to the chair or vice chair of the Board and the CO Title IX Coordinator/DHR Administrator for processing and investigation.
   
   Complaints against a Chancellor’s Office employee, or a university Title IX Coordinator/ Discrimination, Harassment, and Retaliation Administrator (“DHR Administrator”) will be made to the Chancellor’s Office at eo-wbappeals@calstate.edu. In that event, the chancellor assumes all responsibilities identified as those of the university president.
   
   Complaints against a university president will also be made to the Chancellor’s Office, but only if it is alleged that the president directly engaged in conduct that violates the Policy. Any other Complaints against a president (for example, that the president had no substantial involvement other than to rely on or approve a recommendation made by another administrator) will be made to and addressed by the university.
   
   Complaints against the chancellor or a member of the Board of Trustees will be referred to the chair or vice chair of the Board via the Board of Trustees’ Secretariat at trusteesecretariat@calstate.edu, but only if it is alleged that the chancellor or a member of the Board of Trustees directly engaged in conduct that violates the Policy. Any other Complaints against the chancellor or a member of the Board (for example, that the chancellor or member of the Board of Trustees had no substantial involvement other than to rely on or approve a recommendation made by another administrator) will be made to and addressed by the Chancellor’s Office at eo-wbappeals@calstate.edu.

Article VII. Policy Definitions

Prohibited Conduct Defined

This Policy prohibits Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation as described below. Capitalized terms used in the policy are described in Article VII. B. The definitions of Prohibited Conduct below should be used for alleged misconduct that occurs on or after January 1, 2022. The definitions that should be used for alleged misconduct that occurred prior to January 1, 2022, are those in the policy in place at the time of the alleged misconduct.

1. Discrimination
   Discrimination is (an) Adverse Action(s) against a Complainant because of their Protected Status.
   1. Adverse Action means an action engaged in by the Respondent that has a substantial and material adverse effect on the Complainant’s ability to participate in a university program, activity, or employment. Minor or trivial actions or conduct not reasonably likely to do more than anger or upset a Complainant does not constitute an Adverse Action.
      An adverse employment action is any conduct or employment action that is reasonably likely to impair an employee’s job performance or prospects for advancement or promotion.
   2. If Adverse Action is taken because of a Complainant’s Protected Status, that means that the Complainant’s Protected Status is a substantial motivating reason (but not necessarily the only reason) for the Adverse Action.
   3. An allegation that an Employee is receiving unequal pay because of their Protected Status (for example, under the California Equal Pay Act) constitutes a Discrimination Complaint under this policy.
2. Harassment
   Harassment means unwelcome verbal, nonverbal or physical conduct engaged in because of an individual Complainant’s Protected Status.
   If a Complainant is harassed because of their Protected Status, that means that the Complainant’s Protected Status is a substantial motivating reason (but not necessarily the only reason) for the conduct.
   Harassment may occur when:
   1. Submitting to, or rejecting, the verbal, nonverbal or physical conduct is explicitly or implicitly a basis for:
      1. Decisions that adversely affect or threaten employment, or which are being presented as a term or condition of the Complainant’s employment; or
      2. Decisions that affect or threaten the Complainant’s academic status or progress, or access to benefits and services, honors, programs, or activities available at or through the university.
         
         OR
   2. The conduct is sufficiently severe or pervasive so that its effect, whether intended or not, could be considered by a reasonable person under similar circumstances and with similar identities, and is in fact considered by the Complainant as creating an intimidating, hostile or offensive work or educational environment that denies or substantially limits an individual’s ability to participate in or benefit from employment and/or educational, services, activities, or other privileges provided by the CSU.
      
      Harassment includes, but is not limited to, verbal harassment (e.g., epithets, derogatory comments, or slurs), physical harassment (e.g., assault, impeding or blocking movement, or any physical interference with normal work or movement), and visual forms of harassment (e.g., derogatory posters, cartoons, drawings, symbols, or gestures.). Single, isolated incidents will typically be insufficient to rise to the level of harassment.
3. 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.
   1. Sexual activity includes, but is not limited to:
      1. kissing,
      2. touching intimate body parts
      3. fondling,
      4. intercourse,
      5. penetration, no matter how slight, of the vagina or anus with any part or object,
      6. oral copulation of a sex organ by another person.
   2. Sexual Misconduct includes, but is not limited to, the following conduct:
      1. an attempt, coupled with the ability, to commit a violent injury on the person of another because of that person’s Gender or Sex,
      2. the intentional touching of another person’s intimate body parts without Affirmative Consent,
      3. intentionally causing a person to touch the intimate body parts of another without Affirmative Consent,
      4. using a person’s own intimate body part to intentionally touch another person’s body without Affirmative Consent,
      5. any unwelcome physical sexual acts, such as unwelcome sexual touching,
      6. using physical force, violence, threat, or intimidation to engage in sexual activity,
      7. ignoring the objections of the other person to engage in sexual activity,
      8. causing the other person’s incapacitation through the use of drugs or alcohol to engage in sexual activity,
      9. taking advantage of the other person’s incapacitation to engage in sexual activity.
   3. Intimate body part means the sexual organ, anus, groin, buttocks, or breasts of any person.
       
   4. Sexual activity between a Minor (a person younger than 18 years old) and a person who is at least 18 and two years older than the Minor always constitutes Sexual Misconduct, even if there is Affirmative Consent to all sexual activity. The existence of Affirmative Consent and/or the type of sexual activity may be relevant to the determination of an appropriate Sanction.
       
   5. Persons of all Genders, Gender Identities, Gender Expressions, and Sexual Orientations can be victims of these forms of Sexual Misconduct. Sexual Misconduct can be committed by an individual known to the victim including a person the Complainant may have just met, i.e., at a party, introduced through a friend, or on a social networking website.
       
   6. Affirmative Consent
      Affirmative Consent must be voluntary, and given without coercion, force, threats, or intimidation.
      It is the responsibility of each person involved in the sexual activity to ensure Affirmative Consent has been obtained from the other participant(s) prior to engaging in the sexual activity.
      Affirmative Consent means an agreement to engage in sexual activity that is:
      1. Informed,
      2. Affirmative,
      3. Conscious,
      4. Voluntary, and
      5. Mutual.
      6. Lack of protest or resistance does not mean there is Affirmative Consent.
      7. Silence does not mean there is Affirmative Consent.
      8. 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 Consent.
      9. A request for someone to use a condom or birth control does not, in and of itself, mean there is Affirmative Consent.
      10. Affirmative Consent can be withdrawn or revoked. Consent must be ongoing throughout a sexual activity and can be revoked at any time, including after sexual activity begins. Once consent is withdrawn or revoked, the sexual activity must stop immediately. 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.
   7. Incapacitation
      Affirmative Consent cannot be given by a person who is incapacitated. A person is unable to consent when asleep, unconscious, or incapacitated due to the influence of drugs, alcohol, or medication so that the person could not understand the fact, nature, or extent of the sexual activity. A person is incapacitated if the person lacks the physical and/or mental ability to make informed, rational decisions. A person with a medical or mental disability may also lack the capacity to give consent.
      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 judgments. 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.
      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 age.
      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:
      1. The person was asleep or unconscious
      2. 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
      3. The person could not understand the fact, nature, or extent of the sexual activity, or was unable to communicate, due to a mental or physical condition
   8. 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:
      1. The Respondent’s belief in Affirmative Consent arose from the intoxication or recklessness of the Respondent;
      2. The Respondent did not take reasonable steps, in the circumstances known to the Respondent at the time, to ascertain whether the person affirmatively consented.

Sexual Harassment
Sexual Harassment means unwelcome verbal, nonverbal or physical conduct of a sexual nature that includes, but is not limited to, sexual advances, requests for sexual favors, offering employment benefits or giving preferential treatment in exchange for sexual favors, or indecent exposure, and any other conduct of a sexual nature where:

• Submission to, or rejection of, the conduct is explicitly or implicitly used as the basis for any decision affecting a Complainant’s academic status or progress, or access to benefits and services, honors, programs, or activities available at or through the university; or
• Submission to, or rejection of, the conduct by the Complainant is explicitly or implicitly used as the basis for any decision affecting a term or condition of the Complainant’s employment, or an employment decision; 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 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
• 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 environment.
  
  Sexual Harassment could include being forced to engage in unwanted sexual contact as a condition of membership in a student organization or in exchange for a raise or promotion; being subjected to video exploitation or a campaign of sexually explicit graffiti; or frequently being exposed to unwanted images of a sexual nature in a work environment, or in a classroom where the images are unrelated to the coursework.
  Claiming that the conduct was not motivated by sexual desire is not a defense to a complaint of Sexual Harassment.
  Sexual and/or romantic relationships between members of the campus community may begin as consensual, and may develop into situations that lead to Discrimination, Harassment, Retaliation, Sexual Misconduct, Dating or Domestic Violence, or Stalking subject to this policy.

Sexual Exploitation
Sexual Exploitation means a person taking sexual advantage of another person for the benefit of anyone other than that person without that person’s consent, including, but not limited to, any of the following acts:

• The prostituting of another person.
• The trafficking of another person, defined as the inducement of a person to perform a commercial sex act, or labor of services, through force, fraud, or coercion.
• The recording of images, including video or photograph, or audio of another person’s sexual activity or intimate parts, without that person’s consent.
• The distribution of images, including video or photographs, or audio of another person’s sexual activity or intimate parts, if the individual distributing the images or audio knows or should have known that the person depicted in the images or audio did not consent to the disclosure.
• The viewing of another person’s sexual activity or intimate parts, in a place where that other person would have a reasonable expectation of privacy, without that person’s consent, for the purpose of arousing or gratifying sexual desire.

Dating Violence and Domestic Violence
Dating Violence means physical violence or threat of physical violence committed by a person-

• Who is or has been in a social relationship of a romantic or intimate nature with the Complainant; and
• Where the existence of such a relationship shall be determined based on a consideration of the following factors:
  I. The length of the relationship.
  II. The type of relationship.
  III. The frequency of interaction between the persons involved in the relationship.
  
  Domestic Violence means physical violence or threat of physical violence committed by a current or former spouse or intimate partner of the Complainant, by a person with whom the Complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the Complainant as a spouse or intimate partner, or by a person similarly situated to a spouse of the Complainant.
  
  Physical violence means physical conduct that intentionally or recklessly threatens the health and safety of the recipient of the behavior, including assault.
  • Course of Conduct means two or more acts, including but not limited to, acts in which one party directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about the other party, or interferes with the other party’s property.
  • Substantial Emotional Distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

• Stalking means engaging in a Course of Conduct directed at a specific person that would cause a reasonable person to fear for the safety of self or others’ safety or to suffer Substantial Emotional Distress. For purposes of this definition:

Prohibited Consensual Relationships
A Prohibited Consensual Relationship is a consensual sexual or romantic relationship between an Employee and any Student or Employee over whom they exercise direct or otherwise significant academic, administrative, supervisory, evaluative, counseling, or extracurricular authority.

• Retaliation means that a substantial motivating reason for an Adverse Action taken against a person was because the person has or is believed to have:
  • Exercised their rights under this policy,
  • Reported or opposed conduct which was reasonably and in good faith believed to be in violation of this policy,
  • Assisted or participated in an investigation/proceeding under this policy, regardless of whether the Complaint was substantiated,
  • Assisted someone in reporting or opposing a violation of this policy or assisted someone in reporting or opposing Retaliation under this policy.
    
    Adverse Action means an action engaged in by the Respondent that has a substantial and material adverse effect on the Complainant’s ability to participate in a university program, activity, or employment. Minor or trivial actions or conduct not reasonably likely to do more than anger or upset a Complainant does not constitute an Adverse Action.
    Retaliation may occur whether or not there is a power or authority differential between the individuals involved.

Definitions of Capitalized Terms

The following definitions of capitalized terms apply to this Policy, the Procedures for Complaints of Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation Made Against an Employee or Third-Party, and the Procedures for Complaints of Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation Made Against a Student:

1. Advisor:The Complainant and the Respondent may each elect to be accompanied by an Advisor to any meeting or interview regarding the allegations. The Advisor may be anyone, including a union representative from the Complainant’s or Respondent’s collective bargaining unit, an attorney, or, in the case of the Complainant, a Sexual Assault Victim’s Advocate. The Advisor may not answer questions regarding the subject matter of the investigation for the Complainant or the Respondent. However, the Advisor may observe and consult with the Complainant or Respondent.
    
2. Age, with respect to employment discrimination, refers to the chronological age of any individual who has reached their 40th birthday.  Age based stereotype refers to generalized opinions about matters including the qualifications, job performance, health, work habits, and productivity of individuals over forty.
   With respect to discrimination in non-employment programs and activities, Age means how old a person is, or the number of years from the date of a person’s birth.
   Age is a Protected Status.
    
3. California State University (CSU) or University means the 23 universitysystem of the California State University, including the CO.
    
4. Campus means any of the 23 campuses of the CSU or the CO.
    
5. Complainant means an individual who is eligible to file a Complaint or to report a violation of this Policy. It also includes any person who is reported to have experienced a violation of this policy in cases where some other person has made a report on that person’s behalf. A Complainant may also be referred to as a Party to the Complaint.
    
6. Complaint means a report that is received by the Title IX Coordinator/DHR Administrator alleging Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, or Retaliation, against the CSU, an Employee, a Student, or a Third Party. The Title IX Coordinator/DHR Administrator will respond to the Complaint in accordance with the Procedures accompanying this Policy.
    
7. DHR (Discrimination, Harassment, and Retaliation) Administrator means the Management Personnel Plan (MPP) Employee at each campus who is designated to administer this policy and coordinate compliance with the laws prohibiting Discrimination, Harassment and Retaliation. The DHR Administrator may delegate tasks to one or more designees, provided that any designee shall be an MPP Employee or an external consultant, and the DHR Administrator retains overall responsibility and authority.
    
8. Disability means:
   1. Having a physical or mental condition that limits a major life activity. “Limits” means making the achievement of a major life activity difficult. “Limits” is determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity. A “major life activity” is broadly construed and includes physical, mental, and social activities (such as walking, talking, seeing, hearing) and working; or
   2. Having a known history of a qualifying impairment; or
   3. Being regarded or treated as having or having had a qualifying impairment; or
   4. Being regarded or treated as having or having had such an impairment that has no presently disabling effects but may become a qualifying impairment in the future.
      
      Disability includes HIV and AIDS. Disability is a Protected Status.
9. Employee means a person legally holding a position in the CSU. This term includes full-time, part-time, permanent, tenured, probationary, temporary, intermittent, casual, and per-diem positions. This term does not include auxiliary or foundation Employees or other Third Parties.
    
10. Gender means sex, and includes Gender Identity, Gender Expression, and Sex Stereotyping.
    Sex includes, but is not limited to pregnancy, childbirth, breastfeeding or any related medical conditions.
    Gender Identity means a person’s identification as female, male, nonbinary, or another gender different from the person’s sex assigned at birth.
    Nonbinary is a general term for people whose gender identities fall outside of the binary conception of male or female. Nonbinary people may or may not identify as transgender.
    Transgender is a general term that refers to a person whose gender identity differs from their sex assigned at birth. A transgender person may or may not medically transition and may identify as male, female, or nonbinary.
    Gender Expression means a person’s gender-related appearance or behavior whether or not stereotypically associated with the person’s assigned sex at birth.
    Sex Stereotype means an assumption about a person’s appearance or behavior or about an individual’s ability or inability to perform certain kinds of work based on a myth, social expectation, or generalization about the individual’s sex.
    Gender is a Protected Status.
     
11. Genetic Information means:
    1. The person’s genetic tests.
    2. The genetic tests of the person’s family members.
    3. The manifestation of a disease or disorder in the person’s family members.
    4. Any request for, or receipt of genetic services, or participation in clinical research that includes genetic services, by a person or any person’s family member.
       
       Genetic Information does not include information about the sex or age of any person.
       
       Genetic Information is a Protected Status.
12. Investigator means the person tasked by a campus with investigating a Complaint.
    The Investigator will not be within the administrative control or authority of any Complainant or Respondent in a matter they are investigating. The Investigator may be the DHR Administrator, the Title IX Coordinator, or their designee, provided that any designee shall be an MPP Employee or an external consultant.
     
13. Marital Status means an individual’s state of marriage, non-marriage, divorce or dissolution, separation, widowhood, annulment, or other marital state, including domestic partnership.
    Marital Status is a Protected Status.
     
14. Medical Condition means either of the following:
    1. Any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer; or
    2. Genetic characteristics. For purposes of this section, “genetic characteristics” means either of the following:
       1. Any scientifically or medically identifiable gene or chromosome, or combination or alteration thereof, that is known to be a cause of a disease or disorder in a person or offspring, or that is determined to be associated with a statistically increased risk of development of a disease or disorder, and that is presently not associated with any symptoms of any disease or disorder; or
       2. Inherited characteristics that may derive from the individual or family member, that are known to be a cause of a disease or disorder in a person or offspring, or that are determined to be associated with a statistically increased risk of development of a disease or disorder, and that are presently not associated with any symptoms of any disease or disorder.
          
          Medical Condition is a Protected Status.
15. Management Personnel Plan (MPP) Employee means an employee who has been designated as a “management” or “supervisory” employee under the provisions of the Higher Education Employer-Employee Relations Act.
     
16. Nationality includes citizenship, country of origin, and national origin. It also includes language use restrictions and holding or presenting a driver’s license issued under section 12801.9 of the Vehicle Code.
    Nationality is a Protected Status.
     
17. Parties to a Complaint are the Complainant(s) and the Respondent(s).
     
18. 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.
     
19. Protected Status includes Age, Disability (physical or mental), Gender (or sex), Genetic Information, Gender Identity (including transgender), Gender Expression, Marital Status, Medical Condition, Nationality, Race or Ethnicity (including color, caste, or ancestry), Religion or Religious Creed, Sexual Orientation, and Veteran or Military Status.
     
20. Race or Ethnicity includes ancestry, color, caste, ethnic group identification, and ethnic background.
    Race or Ethnicity is a Protected Status.
     
21. Religion or Religious Creed includes all aspects of religious belief, observance, and practice, including religious dress and grooming practices, 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.
    Religion or Religious Creed is a Protected Status.
     
22. Remedies are individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant at the conclusion of the investigation, and where applicable, hearing process where the Respondent has been found responsible.
    Remedies may include counseling, extensions of deadlines or other course or work-related adjustments, modifications of work or class schedules, campus escorts, restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures.
    The Title IX Coordinator/DHR Administrator is responsible for determining the reasonableness of the requested Remedy and coordinating the effective implementation of Remedies.
     
23. Respondent means the CSU, a CSU Employee, a Student, or a Third Party who is alleged to have violated this Policy.
     
24. Sexual Assault Victim’s Advocate refers to Employees or third-party professionals designated to support Complainants reporting Sexual Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, or Stalking. They must be certified and have received specialized training to provide options and assistance, including but not limited to the provision of information about available options in the Complaint, law enforcement, legal, and medical processes, and with emotional and decision-making support. Sexual Assault Victim’s Advocates may serve as the Complainant’s Support Advisor and assist in seeking services. They are committed to maintaining the highest possible level of confidentiality permissible under state and federal law in their communications with the persons they assist.
     
25. Sexual Orientation means a person’s identity in relation to the gender or genders to which they are sexually or romantically attracted and includes but is not limited to heterosexuality, gay, lesbian, bisexuality, and queer.
    Sexual Orientation is a Protected Status.
     
26. Student means an applicant for admission to the CSU, an admitted CSU Student, an enrolled CSU Student, a CSU extended education Student, a CSU Student between academic terms, a CSU graduate awaiting conferral of a degree, a CSU student currently serving a suspension or interim suspension, and a CSU Student who withdraws from the university while a disciplinary matter (including investigation) is pending.
     
27. Supportive Measures are individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or Respondent regardless of whether a Formal Complaint is filed. Supportive Measures are designed to restore or preserve equal access to CSU education programs or activities, or the workplace without unreasonably burdening the other Party, including to protect the safety of all Parties or the educational or work environment.
    Supportive Measures may include counseling, extensions of deadlines or other course or work-related adjustments, modifications of work or class schedules, campus escorts, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures.
    The Title IX Coordinator/DHR Coordinator is responsible for coordinating the effective implementation of Supportive Measures. Supportive Measures will remain confidential except when it is not possible to maintain confidentiality in order to provide the Supportive Measures.
     
28. Support Person means a person who provides emotional support to a Party and may accompany the Party to all hearings under Track 2 of the Procedures for Complaints of Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation Made Against a Student.
     
29. Third-Party means a person other than an Employee or a Student. Examples include employees of auxiliary organizations, unpaid interns, volunteers, independent contractors, vendors, and their employees, and visitors.
     
30. Title IX means Title IX of the Education Amendments of 1972.
     
31. 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 Misconduct, Dating and Domestic Violence and Stalking.
     
32. 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).
     
33. Veteran or Military Status means service in the uniformed services.
    
    Veteran or Military Status may be a Protected Status.
     
34. 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 CO where an Appeal is reviewed.

Track 1: Federal Mandated Hearing Process Prohibited Conduct Defined

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

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

Interim Procedures for Complaints of Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation Made Against a Student

Article I. Procedure Scope and Applicability

Scope

The procedures below are used for Complaints that a Student is alleged to have engaged in Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating or Domestic Violence, Stalking, or Retaliation, in violation of the CSU Policy Prohibiting Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation (“the Policy”). These Procedures are effective January 1, 2022, and apply to all Complaints received on or after that date.

The campus will investigate or otherwise respond to reports of alleged misconduct committed by a Student in accordance with these procedures if the alleged misconduct violates the Policy and:

1. occurred on campus; or
2. involved or impacted a campus program or activity (including campus employment); or
3. affected a Student’s or Employee’s ability to participate in a program, activity, or employment; AND
4. The alleged misconduct was committed by a person who at the time of the alleged misconduct was a Student.

Depending on the circumstances, the campus response may or may not include a formal investigation.

These procedures are only used to address conduct that may violate the Policy. Alleged misconduct by Students that does not fall under the Policy is addressed under Executive Order 1098 Student Conduct Procedures.

The campus will respond in a timely and appropriate manner to all Complaints and will take appropriate action to prevent continuation of and correct Policy violations.

Students who are found to have violated the Policy will be subject to discipline in accordance with state and federal requirements, student conduct rules, and other CSU policies.

Applicability of Provisions to Sex Discrimination and Other Forms of Discrimination

There are certain provisions of these procedures (Article III.B.iii. a., Article IV.B, and Article VI.E) that apply only to certain sex discrimination Complaints (Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, and Stalking) and do not apply to Discrimination, Harassment, and Retaliation (DHR) Complaints. Those provisions include the note “(Applies only to Complaints of sex discrimination)”.

Complaints Involving a Respondent Who Is Both a Student and an Employee

For Complaints against a Student who is also a CSU Employee, where the alleged conduct arose out of the Respondent’s status as a Student and not as an Employee, these procedures apply.

A Complaint against a Student-Employee where the alleged conduct arose out of the Respondent’s status as an Employee and not their status as a Student, should be made using the Procedures for Complaints of Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation Made Against an Employee or Third-Party.

Capitalized terms in these Procedures are defined in Article VII.B of the Policy.

Article II. The Track System

There are three possible sets of procedures (“tracks”) for formal resolution of Complaints against a Student (Track 1, Track 2, Track 3) as required by federal and state law. Which procedure applies to any given Complaint will depend on a variety of factors described below. Questions about which procedures apply to any specific case should be directed to the university Title IX Coordinator and/or the Discrimination, Harassment, and Retaliation Administrator (“DHR Administrator”).

Track 1: Federal Mandated Hearing Process

Track 1 applies when the alleged conduct:

1. Meets the definition of Sexual Harassment as defined in Article VII.C of the Policy; and
2. Occurred in the United States; and
3. Occurred in an education program or activity at the university, as defined in Track 1

[NOTE: Articles IV through XI are not applicable to complaints under Track 1. Please reference the above link for the applicable Track 1 Procedures.]

Track 2: State Mandated Hearing Process

Track 2 applies when:

1. The Complaint is against a Student; and
2. The Complaint is one of Sexual Misconduct, Dating Violence, or Domestic Violence; and
3. The credibility of one (or both) of the Complainant and the Respondent (“the Parties”) , or any witness is central to the determination as to whether the Student violated the policy; and
4. The Student is facing a severe disciplinary sanction (expulsion or suspension) if found to be in violation of university Policy.

Track 3: Non-Hearing Process

Track 3 applies to all other Complaints under these procedures that allege a Policy violation.

Prior to a Notice of Investigation being sent to the Complainant and the Respondent, the Title IX Coordinator/DHR Administrator will determine which Track applies.

Under Track 1 or 2, the university will conduct an investigation, and the Complaint will proceed to a hearing unless otherwise resolved. An Investigator will first interview the Complainant, the Respondent, and any witnesses, and gather any documentary evidence. The hearing will occur once an investigation has finished. During the hearing, a hearing officer listens to the witnesses, including the Complainant and the Respondent, and analyzes the evidence, before deciding whether or not the Respondent violated the Policy.

Under Track 3, an Investigator interviews the Complainant, the Respondent, and any witnesses, gathers any documentary evidence, analyzes the evidence, and decides whether or not the Respondent violated the Policy. There is no hearing in Track 3 cases.

Article III. Making a Report

How to Report

The university Title IX Coordinator is the designated administrator to receive reports of Sex Discrimination, Sexual Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and associated Retaliation. The university Title IX Coordinator’s contact information can be found on the Systemwide website. 

The university DHR Administrator is the designated administrator to receive reports of all other misconduct prohibited by the Policy. The university DHR Administrator’s contact information can be found on the Systemwide website.
Complaints that include allegations falling under both areas may be reported to either the Title IX Coordinator or the DHR Administrator who will work together to coordinate and determine who will oversee the Complaint process.

General Principles

1. Individuals Who May Make a Report
   Any person may report an alleged violation of the Policy.
2. Timeframe for Making a Report
   Reports may be made at any time, and individuals are encouraged to report an alleged violation of the Policy regardless of how much time has passed. The university’s ability to interview witnesses and otherwise investigate and take action, however, may be limited by various factors, such as the passage of time. In all cases, the Title IX Coordinator/DHR Administrator is available to discuss Supportive Measures with the Complainant at any time, regardless of how much time has passed since the incident.
3. Addressing Concerns About Reporting
   The university’s primary concern is the safety of the university community. Any person who reports an alleged violation of the Policy should discuss any such concerns with the Title IX Coordinator/DHR Administrator.
   1. Student Concerns about Reporting Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, or Stalking (Applies only to Complaints of sex discrimination)
      Any Student who participates as a Complainant or witness in a Complaint process (including investigation or hearing) relating to Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, or Stalking that fall under these procedures will not be subject to discipline for related violations of the Standards for Student Conduct at or near the time of the incident, unless the university determines that the violation was egregious, including, but not limited to, an action that places the health or safety of any other person at risk or involves plagiarism, cheating, or academic dishonesty. The university may, however, take other appropriate action including having an educational discussion with the Student.
   2. Concerns about Retaliation for Reporting.
      The Policy prohibits Retaliation. If a Student or Employee is reluctant to report because they fear retaliation, they should discuss their concerns with the Title IX Coordinator/DHR Administrator as soon as possible.
4. Delivery Methods for University Communication with Parties
   Communication with the Parties regarding a Complaint, an investigation, or hearing will be sent to their designated CSU university email address, unless the Party has specifically requested in writing to the Title IX Coordinator/DHR Administrator, Investigator, or hearing coordinator that communication be sent to a different email address. Communication with Parties who are neither Students nor Employees will be sent to an email address that they designate.
   Any communications relating to the outcome of an investigation or hearing, including any changes to the outcome or when the outcome becomes final, will be provided in writing simultaneously to the Complainant and the Respondent.
5. Reasonable Timeframes
   Unless a timeframe is specifically stated, all procedures outlined in these procedures will be carried out in a reasonable timeframe or manner. Reasonableness will mean that under the given set of circumstances, processes will be carried out in a fair and rational manner.

Article IV. Campus Procedure for Responding to a Report

Regardless of whether a Complaint has been made, when the university becomes aware of possible Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, or Retaliation, the Title IX Coordinator/DHR Administrator will investigate, or otherwise address the matter.

Outreach to Complainant

After receiving a report, the Title IX Coordinator/DHR Administrator will assess the report and provide outreach to the possible Complainant named in the report. This outreach will include the following:

1. A statement that the university has received a report of Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, or Retaliation.
2. A description of the role of the Title IX Coordinator/DHR Administrator.
3. Information regarding counseling and other support resources.
4. A statement regarding the importance of preserving evidence.
5. A statement that the Complainant may, but is not required to, report to law. enforcement any allegations that could constitute criminal behavior.
6. A request for the Complainant to meet with the Title IX Coordinator/DHR Administrator, or other designated employee, to discuss the Complainant’s options and next steps.
7. A statement that the Complainant can be accompanied by an Advisor of their choice during any meeting relating to the report and any subsequent Complaint process.
8. Information regarding potential Supportive Measures, where applicable.
9. A brief summary of the investigation procedures.
10. An explanation of how the campus responds to reports of Policy violations and a description of potential disciplinary consequences.
11. A statement that retaliation for making a Complaint or participating in a Complaint process is prohibited by the Policy.

Written Information Regarding Rights and Options for Complainants Reporting Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, or Stalking (Applies only to Complaints of sex discrimination)

Along with the information provided in the outreach communication, the Title IX Coordinator will provide Complainants alleging Sexual Misconduct, Sexual Exploitation Dating Violence, Domestic Violence or Stalking, with the information in Attachment D to the CSU Policy Prohibiting Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation - Rights and Options for Victims of Sexual Misconduct/Sexual Assault, Sexual Exploitation, Dating And Domestic Violence, And Stalking

Initial Assessment

1. Intake Meeting for Complainants
   The Title IX Coordinator/DHR Administrator will conduct an intake meeting with any Complainant who responds to outreach communication, or otherwise makes a report of a potential Policy violation to discuss the Complainant’s options, explain the process, and provide information about Supportive Measures.
    
2. Advisors
   The Complainant and Respondent may choose to be accompanied by an Advisor of their choice during meetings or any stage of the Complaint process.
   The Parties also have the right to consult with an attorney, at their own expense, or a union representative at any stage of the process if they wish to do so. An attorney or union representative may serve as a Party’s chosen Advisor.
   The unavailability of a specific Advisor will not unduly interfere with prompt scheduling.
    
3. Confidentiality Requests and Requests Not to Investigate
   1. Confidentiality Requests
      Confidentiality of reports, Complaints, and associated processes will be provided whenever possible. To protect the campus community and to facilitate investigations and/or Supportive Measures, when necessary, certain information may be shared on a “need-to-know” basis. Therefore, a campus cannot guarantee confidentiality.
   2. Requests Not to Investigate
      When a Complainant requests that no investigation occur, the Title IX Coordinator/DHR Administrator will balance the request against the campus’ duty to provide a safe and non-discriminatory environment for all members of the campus community. Relevant factors include whether:
      1. There are multiple or prior reports of misconduct against the Respondent.
      2. The Respondent poses an imminent threat to the campus community, which may include violence, threats of violence, use of a weapon, physical restraints, or engaged in battery.
      3. There is a power imbalance between the Complainant and Respondent.
      4. The Complainant reasonably believes that they will be less safe if their name is disclosed or an investigation is conducted.
      5. The Title IX Coordinator/DHR Administrator anticipates that it will be possible to conduct a thorough investigation and obtain relevant evidence without the Complainant’s cooperation.
         
         If the Complainant is an Employee, the campus will also consider its obligation to maintain a safe work environment in determining whether an investigation is necessary.
   3. Communication and Safety Considerations
      Where the Title IX Coordinator/DHR Administrator declines a request for confidentiality or a request not to proceed with an investigation, the Complainant will be informed in advance of the Title IX Coordinator/DHR Administrator disclosing the Complainant’s identity and details of the Complaint or report to the Respondent, or initiating an investigation. The Title IX Coordinator/DHR Administrator will work with campus partners to take steps to arrange reasonable safety measures for the Complainant if appropriate. The Title IX Coordinator/DHR Administrator will honor a Complainant’s request that the Respondent be informed that the Complainant had asked the campus not to investigate or seek discipline.
4. Supportive Measures
   The Title IX Coordinator/DHR Administrator will describe and offer Supportive Measures to Complainants during the initial assessment (even if the Complaint is ultimately not investigated), and to Respondents during the initial meeting.
   If a request for confidentiality or no investigation is granted, the Title IX Coordinator/DHR Administrator will nevertheless take reasonable steps to limit the effects of the alleged Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, or Retaliation, and prevent its recurrence without initiating formal action against the Respondent or revealing the identity of the Complainant. Examples include increased temporary monitoring, supervision, or security at locations or activities where the alleged misconduct occurred; providing additional training and education materials for students and employees; or conducting climate surveys.
   The Title IX Coordinator/DHR Administrator is responsible for coordinating the effective implementation of Supportive Measures if requested and available.
   Reasonable steps will be taken to provide for the safety of a Complainant while keeping the Complainant’s identity confidential as appropriate and if possible. These steps may include changing living arrangements or course schedules, assignments, or tests. The Complainant will be notified that the steps the campus will take may be limited by the request for confidentiality.
    
5. No-Contact Directives
   No-contact directives may be issued as a Supportive Measure, Remedy, or in connection with an Informal Resolution Agreement with or without an investigation. When reasonably requested by a Complainant or otherwise determined to be warranted (to protect health and safety or to preserve the integrity of the investigation), the campus will issue an interim no-contact directive prohibiting the Respondent from contacting the Complainant while the investigation is pending (unilateral no-contact directive). No-contact directives that are not part of an Informal Resolution Agreement must meet the following requirements:
   1. No-contact directives that limit an individual’s movement on campus may only be issued where the conduct alleged is egregious or where an objective threat of physical harm exists.
   2. A mutual no-contact directive (against both Parties) may only be issued prior to an investigation outcome. Mutual no-contact directives will not be issued automatically. The Title IX Coordinator/DHR Administrator must consider, based on the circumstances of each case, whether a mutual no-contact directive is necessary or justifiable to protect the Respondent’s safety or well-being, or to address concerns about interference with an investigation.
   3. If there is a finding that the Policy has been violated and a mutual no-contact directive is already in effect, absent extenuating circumstances, the no-contact directive will promptly be converted to a unilateral no-contact directive (against only the Respondent).
   4. Any no-contact directive (whether mutual or unilateral) will be delivered to both Parties and will be accompanied by a written explanation of the terms of the directive and the consequences for violating the no-contact directive. A no-contact directive is intended to be temporary and should be periodically assessed to confirm the continued need for, and appropriateness of, its specific terms (conditions), including whether it should be mutual (against both parties), or unilateral (only against the Respondent). Violations of no-contact directives will be addressed by the campus Student Conduct Administrator in the same manner as any violation of the Student Conduct Code. If the alleged violation of the no-contact directive is itself a violation of the Policy, the matter will be referred to the Title IX Coordinator/DHR Administrator.
6. Criminal Complaints and Concurrent Investigations
   Complainants will be informed during the intake meeting of their right to make a criminal complaint with university police or other appropriate law enforcement. The Title IX Coordinator/DHR Administrator will offer to assist the Complainant and will assure them that filing a criminal complaint will not unreasonably delay the campus investigation.
   A campus will ordinarily not wait until the conclusion of a criminal investigation to begin its own investigation. Although it may be necessary to temporarily delay the campus investigation while law enforcement is gathering evidence, once notified that law enforcement has completed the fact gathering portion of their investigation, the campus will promptly resume and complete its own investigation.
   Individuals who first report to university police will be encouraged to also make a Complaint with the Title IX Coordinator/DHR Administrator.
    
7. Interim Suspension
   An interim suspension may be considered for a Student Respondent, where there is reasonable cause to believe that interim suspension of that Student is necessary to protect the personal safety of persons within the campus community or campus property, and to ensure the maintenance of order during an investigation. Such interim suspensions will be implemented in accordance with the procedures under Executive Order 1098 Student Conduct Procedures and will only remain in effect during the Complaint process until determined to be no longer necessary. In determining whether an interim suspension is necessary, the Title IX Coordinator/DHR Administrator will coordinate with the student conduct administrator to ensure appropriate on-going assessment and implementation occurs.
    
8. Transcript Notations
   If a Respondent withdraws, transfers, or disenrolls from the campus pending an investigation or disciplinary proceeding concerning a violation of the Policy, transcript notations may be appropriate and will be addressed under Executive Order 1098 Student Conduct Procedures.

Complaints

The Title IX Coordinator/DHR Administrator will determine whether to open an investigation after making a preliminary inquiry into the allegations. An investigation may not be warranted where the reported information is insufficient. These determinations will be documented in writing by the Title IX Coordinator/DHR Administrator and maintained in accordance with systemwide records retention policies.

1. Complaint Accepted for Investigation
   Within 10 Working Days of the date of an intake meeting or receipt of a request for investigation from the Complainant (whichever is later), or making a determination that an investigation is necessary without a request from or participation by the Complainant, the Title IX Coordinator/DHR Administrator will send a notice of investigation to the Complainant and Respondent.
    
2. Complaint Not Accepted for Investigation
   If the Title IX Coordinator/DHR Administrator determines that the Complaint fails to allege a violation of the Policy, the Title IX Coordinator/DHR Administrator will, within 10 Working Days of the date of the intake or receipt of a written request for investigation (whichever is later), notify the Complainant in writing that the Complaint will not be investigated without further information. The Title IX Coordinator/DHR Administrator will refer the Complaint to another campus office if appropriate and will notify the Complainant of any referral. The Title IX Coordinator/DHR Administrator will retain a record of the Complaint, the written determination and any referrals made to another campus office.
    
3. Investigation Where a Student Complainant Does Not Participate
   A Student Complainant will not be required to participate in an investigation if they do not wish to do so. In cases where the Complainant does not want to pursue an investigation, the Title IX Coordinator/DHR Administrator should inform the Complainant that the ability to take corrective action may be limited.
   If a Student Complainant chooses not to participate from the outset (after the Title IX Coordinator/DHR Administrator receives a report), the Title IX Coordinator/DHR Administrator will evaluate whether it will be possible to move forward without their participation, including whether the non-participation will impact the campus’ ability to conduct a meaningful investigation. Based on this assessment, the Title IX Coordinator/DHR Administrator has discretion to initiate an investigation without the Complainant’s participation. The Title IX Coordinator/DHR Administrator will document the basis for the decision to initiate or to not initiate the investigation.
   When the Title IX Coordinator/DHR Administrator decides to proceed with an investigation without a Student Complainant’s participation, the Title IX Coordinator/DHR Administrator will make the Complaint on behalf of the campus. The Title IX Coordinator/DHR Administrator will not serve as the Complainant and will remain neutral in applying the Policy and these Procedures. The Student Complainant will be provided the same notices and updates as the Respondent throughout the investigation, and where applicable, hearing process(es), unless they decline in writing to receive such communications.

Notice of Investigation

At the onset of the investigation, the Title IX Coordinator/DHR Administrator will simultaneously provide both Parties a notice of investigation. The notice of investigation will include the following:

• A summary of the Complaint allegations (e.g., “who,” “what,” “when,” and “where”).
• A copy of, or internet link to, these procedures and the Policy, as well as a summary of the alleged Policy violations.
• A description of the investigation and resolution procedure (including the right to hearing, where applicable, and appeal).
• The estimated timeline for completion of the investigation.
• A description of the university’s Policy against Retaliation.
• Information about the Parties’ right to an Advisor, including the right to consult with an attorney, at their own expense, or a union representative, at any stage of the process and the right to a Support Person at a hearing (under Track 2).
• Information regarding counseling and other support resources.
• A statement that the Complainant and Respondent will have equal opportunities to identify relevant witnesses and evidence in connection with the investigation and at any hearing, including the ability to:
  1. submit documentary information to the Investigator;
  2. submit a list of potential witnesses to the Investigator; or
  3. request that the Investigator attempt to collect additional relevant evidence.
• A statement that any evidence available, but not disclosed during the investigation might not be considered in any findings made, including at any hearing, and likely will not be considered for purposes of appeal.
• A statement that the Complainant and Respondent will be provided with periodic status updates in accordance with the timelines established in this procedure.
• A statement regarding the possible range of disciplinary outcomes.
  If new but related allegations are raised during the investigation that are materially different from those described in the notice of investigation, the Title IX Coordinator/DHR Administrator will issue a revised Notice of Investigation along with a corresponding revised timeline for completion, if appropriate, to the Parties.

Article V. Discretionary Dismissal

Discretionary Dismissal

At any time after a Complaint has been accepted for investigation, it is within the discretion of the Title IX Coordinator/DHR Administrator to dismiss a Complaint, or any part of a Complaint, if:

1. the Complainant notifies the Title IX Coordinator/DHR Administrator in writing that they would like to withdraw the Complaint or any part of it: or
2. if the specific circumstances prevent the campus from gathering evidence necessary to reach a determination as to the Complaint or part of the Complaint.

Notice Requirement

The Title IX Coordinator/DHR Administrator will send to the Parties, at the same time, written notice of a discretionary dismissal, the reason(s) for the dismissal, and the right to appeal the dismissal. The notice will also inform the Parties if the Complaint will be referred to another campus office for resolution.

Appeal after Discretionary Dismissal

Either Party may appeal a dismissal of a Complaint or any part of the Complaint. The appeal must be submitted within 10 Working Days from the date of the notice of dismissal. The appeal will be in writing and will be based only on one or more of the following grounds:

1. Procedural errors that resulted in the incorrect dismissal of the Complaint
2. New evidence exists that was not reasonably available at the time of the dismissal and that would affect the decision to dismiss the Complaint
3. The decision to dismiss the Complaint was objectively unreasonable or arbitrary
4. The Title IX Coordinator/DHR Administrator (or designee) who dismissed the Complaint, demonstrated a conflict of interest or bias for or against a Party in this case or Complainants or Respondents in general that affected the outcome of the matter

Appeals will be submitted to the Chancellor’s Office and will be addressed to:

Equal Opportunity and Whistleblower Compliance Unit
Systemwide Human Resources
Office of the Chancellor
401 Golden Shore
Long Beach, California 90802
eo-wbappeals@calstate.edu

Any person who is unable to submit an appeal or a response to an appeal electronically, should contact the campus Title IX Coordinator/DHR Administrator for assistance.

When an appeal is submitted, the Chancellor’s Office will notify the other Party and the campus Title IX Coordinator/DHR Administrator in writing. The non-appealing Party may submit a written statement in support of or challenging the dismissal no later than 5 Working Days after the notice of appeal. Within 10 Working Days of the Chancellor’s Office receipt of the appeal, the Chancellor’s Office will notify the Parties (via email and at the same time) of its decision.

The Chancellor’s Office will not consider evidence that was not introduced during the campus review unless the new evidence was not reasonably available at the time of the review.

The Chancellor’s Office has discretion to extend the timelines for the discretionary dismissal appeal process for good cause or for any reasons deemed to be legitimate by the Chancellor’s Office. This includes the time for filing an appeal and the time for the Chancellor’s Office to respond to the appeal. The Chancellor’s Office will notify the Parties and the Title IX Coordinator/DHR Administrator of any extensions of time granted pertaining to any portion of the appeal process.

The Chancellor’s Office appeal response is final and concludes the discretionary dismissal process under these procedures.

Article VI. Informal Resolution

The CSU recognizes some Parties may desire resolution of their matter through an Informal Resolution process (“Informal Resolution”), instead of through the formal resolution process. Accordingly, Parties may mutually agree, with the agreement of the Title IX Coordinator/DHR Administrator, to resolve a Complaint through an Informal Resolution process, instead of undergoing the formal resolution process. The Informal Resolution process is entirely voluntary and will not occur unless both Parties agree in writing to participate in an Informal Resolution process.

The Title IX Coordinator/DHR Administrator will oversee the Informal Resolution process, conduct an initial and on-going assessment as to whether the Informal Resolution process should continue, and make the final determination on all Informal Resolutions facilitated by the Title IX Coordinator/DHR Administrator or designee regarding whether the terms agreed to by the Parties are appropriate in light of all of the circumstances of the Complaint. In some circumstances, depending on the nature and/or severity of the allegations, an Informal Resolution may not be appropriate, and the Title IX Coordinator/DHR Administrator will not approve an Informal Resolution. Prior to approving an Informal Resolution, the Title IX Coordinator/DHR Administrator will consult with the student conduct administrator.

Notice of Agreement to Engage in Informal Resolution

Prior to engaging in an informal resolution process, the campus will obtain the Parties’ voluntary, written consent. Parties who choose to participate in the voluntary Informal Resolution process will be sent a notice of agreement to engage in Informal Resolution. The notice will include the following:

• An explanation that at any time prior to agreeing to a resolution, any Party has the right to withdraw from the Informal Resolution process and resume the investigation process.
• The Parties’ right to consult with an Advisor.
• Any resolution must be in writing and signed by both Parties and the Title IX Coordinator/DHR Administrator.
• Once the Informal Resolution process is finalized, neither Party is permitted to file another Complaint arising from the same allegations.

Timeframe

The Informal Resolution process may take place at any time before a determination of responsibility is made, but no later than 60 Working Days after both Parties provide voluntary, written consent to participate in the Informal Resolution process, unless the Parties and the Title IX Coordinator/DHR Administrator agree to an extension.

Effect of Informal Resolution Agreement

Any agreed-upon Remedies and disciplinary sanctions agreed to in an Informal Resolution have the same effect as Remedies given and sanctions imposed following an investigation or hearing.

Written Agreement - Not Subject to Appeal

The terms of any Informal Resolution must be in writing and signed by the Parties and the Title IX Coordinator/DHR Administrator. Use of electronic signatures is permitted. A signed agreement to an Informal Resolution is final and is not appealable by either Party.

Mediation Between the Parties (Applies only to Complaints of sex discrimination)

Mediation between the Parties cannot be used, even on a voluntary basis, to resolve Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, or Stalking Complaints.

Article VII. Investigations

General Principles

1. Purpose of the Investigation and Adjudication Process
   The investigation and adjudication of Complaints under these procedures is not intended to be an adversarial process between the Complainant, the Respondent, and witnesses. Rather, it is a process and opportunity for the campus to educate students and provide an environment free from discrimination and comply with its obligations under law.
    
2. Cooperation in an Investigation
   All Employees, and Students who are not Parties to the Complaint, are required to cooperate with the investigation and other processes set forth in these procedures, including but not limited to, attending meetings and interviews, and being forthright and honest during the process.
    
3. Standard and Burden of Proof
   The Preponderance of the Evidence based on the facts available at the time of the decision is the standard for demonstrating facts and reaching conclusions in an investigation and hearing that uses these procedures.
   The burden of gathering evidence sufficient to reach a determination regarding responsibility rests on the campus and not on the Parties. The Complainant does not have the burden to prove, nor does the Respondent have the burden to disprove, the underlying allegation or allegations of misconduct.
    
4. Role of the Title IX Coordinator/DHR Administrator in the Investigation Process
   The Title IX Coordinator/DHR Administrator will either investigate the Complaint or assign this task to an Investigator. If assigned to an Investigator, the Title IX Coordinator/DHR Administrator will supervise and oversee the investigation, including reviewing all investigation draft reports before they are final to ensure that the investigation complies with these procedures.
    
5. Neutrality of Process
   The Title IX Coordinator/DHR Administrator will make reasonable efforts to ensure that anyone involved in conducting investigations, finding facts, and making disciplinary decisions in a matter will be impartial, neutral, and free from actual conflicts of interest. A conflict of interest exists if a person has a personal relationship with one of the Parties or witnesses, has a reporting employment relationship with a Party, or has demonstrated actual bias towards a Party or witness or towards Complainants or Respondents in general. Any party who seeks to disqualify the Title IX Coordinator or DHR Administrator due to bias or a conflict of interest will direct their request to the Chancellor’s Office Appeals Unit at eo-wbappeals@calstate.edu. Requests for disqualification must be supported by evidence that the bias or conflict of interest prevents the Title IX Coordinator/DHR Administrator from fairly performing their duties. Mere belief or opinion does not constitute evidence.
    
6. Investigation Where a Respondent Does Not Participate
   The Respondent will not be found to have violated the Policy solely because the Respondent did not participate in the investigation or hearing process. Nor will the Respondent be found not to have violated the Policy solely because a Complainant or other witness did not participate in the investigation or hearing process.
    
7. Timeframe, Extensions, and Status Updates
   The Title IX Coordinator/DHR Administrator or designee will send the Final Investigation Report to the Parties within 100 Working Days from the date that the Notice of Investigation is provided to the Parties. Extensions may be granted for good cause as determined by the Title IX Coordinator/DHR Administrator.
   The Parties will receive written notice from the Title IX Coordinator/DHR Administrator or designee if an extension is necessary and why. The notice will indicate if the extension alters the timeframes for the major stages of the Complaint process.
   At the request of either Party, the Title IX Coordinator/DHR Administrator or designee will provide status updates regarding investigation, hearing, and appeal timeframes to both Parties.
    
8. Reasonable Accommodations
   Any person with a Disability who seeks reasonable accommodations to participate in the Complaint submission or investigation process will be referred to the appropriate campus administrator (for Students, the services for students with disabilities administrator, and for Employees the appropriate human resources administrator) who may consult with the Title IX Coordinator/DHR Administrator to determine the reasonableness of a requested accommodation.
    
9. Consolidation
   Where Parties assert Complaints against each other, and they arise out of the same events or circumstances, the Title IX Coordinator/DHR Administrator may consolidate the Complaints into one.
    
10. Acceptance of Responsibility
    The Respondent may, at any time during the investigation or hearing process, prior to an Investigator or hearing officer issuing their determination, choose to accept responsibility for the alleged conduct prohibited under the Policy.
    Before a Respondent accepts responsibility for the alleged misconduct, the Title IX Coordinator/DHR Administrator or designee will discuss with the Respondent that the matter will be referred to the campus president or designee for a decision regarding an appropriate sanction, and that the acceptance of responsibility could - but will not necessarily - be regarded as a mitigating factor that results in less severe sanctions.
    Acceptance of responsibility will only be recognized if the Respondent accepts responsibility by signing a written document prepared by the Title IX Coordinator/DHR Administrator that describes the range of disciplinary sanctions that the president or designee will consider in reaching a decision about discipline/sanctions.
    If the Respondent has accepted responsibility in writing, the Title IX/DHR office will issue a brief written summary of the allegations and a statement that the Respondent has accepted responsibility. The written summary will be sent to both the Complainant and the Respondent.
    Within 5 Working Days of receiving the Investigator’s written summary, each Party may submit to the Title IX Coordinator/DHR Administrator an impact statement or other statement regarding discipline that is no more than 2000 words in length. The document is an opportunity for each Party to suggest disciplinary outcomes and to provide information that they believe is important for the president or designee to consider when reaching a sanction decision. The student conduct administrator and/or Title IX Coordinator/DHR Administrator may also submit a written statement regarding aggravating and mitigating factors (that is, factors that would warrant a more severe or less severe sanction), including whether the Respondent was previously found to have violated the Standards for Student Conduct or the Policy. These written statements will be provided to the president or designee who will decide an appropriate sanction.
    The parties may appeal the sanction only on the grounds that the sanction(s) imposed was objectively unreasonable, or arbitrary based on the conduct for which the Respondent accepted responsibility. The appeal process will otherwise be in accordance with Article XI.
    Where there is an acceptance of responsibility regarding some but not all of the alleged conduct, the investigation and hearing process will continue to conclusion, unless otherwise resolved through Informal Resolution.

Respondent Initial Meeting

In the notice of investigation, the Title IX Coordinator/DHR Administrator will schedule an initial meeting with the Respondent. At this meeting, the Title IX Coordinator/DHR Administrator will explain the allegations against the Respondent, as well as the investigation process, and the Respondent’s rights during the process. The Title IX Coordinator/DHR Administrator will also explain that during the investigation, the Respondent and the Complainant will have the opportunity to present evidence, identify witnesses, and review evidence.

Gathering Evidence

1. Opportunity to Submit Evidence and Identify Witnesses
   During the investigation, the Investigator will take reasonable steps to gather all relevant evidence from the Parties, other witnesses, or other sources. The Investigator will document the steps taken to gather evidence, even when those efforts are not successful.
    
2. Bases for Declining a Request to Gather Evidence
   The Investigator will gather evidence and ask questions proposed by the Parties, except as follows.
   1. The Investigator determines that the questions are repetitive, irrelevant, or harassing.
   2. The request seeks information that can be reasonably and adequately obtained by the requesting Party from other independent or publicly available sources.
   3. The burden of obtaining the information is likely to substantially outweigh the benefit that the evidence bears on a disputed issue.
   4. The requested information can be reasonably obtained through other means less likely to intrude on a person’s privacy.
   5. The Investigator will not consider the prior or subsequent sexual history of a Complainant or Respondent, except:
      1. Where the prior or subsequent sexual history between the Complainant and anyone other than the Respondent is directly relevant to prove that physical injuries alleged to have been inflicted by the Respondent were inflicted by another individual.
      2. Where the evidence is relevant to how the Parties communicated consent in prior or subsequent consensual sexual relations.
      3. Where the Investigator allows consideration of evidence about a dating relationship or prior or subsequent consensual sexual relations between the Complainant and the Respondent, the fact that the Complainant and Respondent engaged in other consensual sexual relations with one another is never sufficient, by itself, to establish that the conduct in question was consensual.
         
         Before allowing the consideration of any evidence of sexual history of the Complainant or the Respondent under this section, the Investigator will provide a written explanation to the Parties as to why consideration of the evidence is permissible under this section.
3. Medical/Treatment Records
   The Investigator will not use a Party’s medical or treatment records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional unless the campus obtains that Party’s voluntary, written consent to do so.

Preliminary Investigation Report and Review of Evidence

Before finalizing the investigation, the Investigator will share with the Complainant and Respondent a preliminary investigation report, along with all relevant evidence gathered. The preliminary investigation report will: (a) describe the allegations; (b) identify the material facts - undisputed and disputed - with explanations as to why any material fact is disputed; and (c) describe the evidence presented and considered.

The preliminary investigation report will list any evidence offered by the Parties or any other witnesses that the Investigator concluded are not relevant. This evidence will be available for review upon request.

1. Access to Preliminary Investigation Report
   The Investigator, in consultation with the Title IX Coordinator/DHR Administrator, will use discretion in determining how to provide the Parties with secure access to the preliminary investigation report.
    
2. Review of Evidence
   Each Party will be given a reasonable opportunity to respond to the preliminary investigation report and any attached evidence and ask questions. Each Party may:
   1. Meet again with the Investigator.
   2. Respond to the evidence in writing.
   3. Request that the Investigator ask specific questions to the other Party and other witnesses.
   4. Identify additional witnesses.
   5. Request that the Investigator gather additional evidence.
      
      The opportunity to review and respond to the preliminary investigation report is known as the “review of evidence” process.
3. Conclusion of Review of Evidence

The Investigator will share with the Parties the answers to questions posed during the review of evidence and additional relevant evidence gathered. This will be shared with all Parties, who may then respond to any new evidence and ask questions.
The Investigator determines when it is appropriate to conclude the review of evidence process.

Final Investigation Report

1. Track 1 Final Investigation Report (Hearing Required)
   The requirements for a Track 1 final investigation report are described in the Track 1 procedures.
    
2. Track 2 Final Investigation Report (Hearing Required)
   The final investigation report will include all of the information included in the preliminary investigation report as well as additional relevant evidence received during the review of evidence. Any relevant evidence provided by the Parties or witnesses, or otherwise gathered by the Investigator, will be attached to the final investigation report, or made available for review by the Parties. Evidence offered by the Parties or any other witnesses that the Investigator concluded is not relevant will be noted but not included in the final investigation report and should be available at the time of the hearing such that it can be provided to the hearing officer if requested.
    
3. Track 3 Final Investigation Report (Hearing Not Required)
   In matters where a hearing is not required, a final investigation report will be provided to the Parties along with a notice of investigation outcome. The final investigation report will include a summary of the allegations, the investigation process, the Preponderance of the Evidence standard, a detailed description of the evidence considered, analysis of the evidence including relevant credibility evaluations, and appropriate findings. Relevant exhibits and documents will be attached to the written report.
   
   The notice of investigation outcome will attach the final investigation report and include the following:
   • A summary of the allegations and the investigative process.
   • That the Preponderance of the Evidence standard was employed.
   • A summary of the findings of fact.
   • A determination as to whether the Policy was violated, and if so, any Remedies to be afforded to the Complainant.
   • Notice of Parties’ right to appeal under these procedures.
     
     The notice may be delivered to the Parties electronically. If the notice includes a determination that the Policy was violated, the Title IX Coordinator/DHR Administrator will notify the campus student conduct administrator of the investigation outcome and provide a copy of the final investigation report.
     The Title IX Coordinator/DHR Administrator or other campus administrator will simultaneously notify the Parties, in writing, of any discipline imposed.

Article VIII. Pre-Hearing Processes for Cases in which a Hearing is Required (Track 2)

Roles and Scheduling

1. Role of the Hearing Coordinator
   The hearing coordinator (either the Student Conduct Administrator, Title IX Coordinator, or other appropriate Administrator) will be responsible for coordinating the hearing process.
   The hearing coordinator will act as liaison between the Parties and the hearing officer on procedural matters and may not be the Investigator assigned to the matter. The hearing coordinator may appropriately delegate administrative tasks.
    
2. Notice of Hearing
   Parties will be given written notice of the date, time, location, and purpose of the hearing as well as the identity of the hearing officer. Communications will be deemed received on the date sent. The Parties will be sent a notice of the hearing at least 20 Working Days before the hearing.
    
3. Objections to the Hearing Officer
   Objections to an appointed hearing officer will be made in writing to the hearing coordinator no later than 5 Working Days after notice of hearing has been sent to the Parties.
   The objection may only be based on an actual conflict of interest. An actual conflict of interest exists if the hearing officer has a personal relationship with one of the Parties or witnesses or has demonstrated actual bias towards a Party or witness. The fact that a hearing officer has previously served as a hearing officer in a university proceeding is not a conflict of interest.
   The hearing coordinator will determine if there is a conflict of interest. In that event, the Parties will be notified in writing of the name of the new hearing officer. The date for the hearing may need to be rescheduled. Any objection to the new hearing officer will be made in accordance with this section.

Pre-Hearing Timelines

1. Submission of Proposed Witness List
   No later than 15 Working Days before the hearing, each Party will provide to the hearing coordinator a proposed witness list that includes the names of, and current contact information for, that Party’s proposed witnesses as well as an explanation of the relevance of each proposed witness’ testimony. The hearing officer may also identify witnesses from the Final Investigation Report.
    
2. Requests for Consolidation
   Where there is more than one Respondent or Complainant in connection with a single occurrence or related multiple occurrences, the hearing officer and the Parties may agree to a single hearing. A Party may request consolidation with other cases, or the Title IX Coordinator, may initiate the consolidation (subject to FERPA and other applicable privacy laws).
   Request for consolidation will be made no later than 15 Working Days before the hearing. The hearing officer makes consolidation decisions.
    
3. Information Regarding Advisors and Support Persons
   Parties must provide the name of, and contact information for, the Party’s Advisor and Support Person (if any) to the hearing coordinator 15 Working Days before the hearing.
    
4. Notification to Witnesses
   No later than 10 Working Days before the hearing, the hearing coordinator will:
   • Share a final witness list with the Parties.
   • Notify each witness of the date, time, and location of the hearing.
     
     Witnesses will be instructed to attend the hearing and to promptly direct any questions or concerns about their attendance at the hearing to the hearing coordinator.
     No later than 5 Working Days before the hearing, the Parties will submit to the hearing coordinator any objections to, or questions about, the witness list.
5. Submission of Proposed Questions
   No later than 5 Working Days prior to the hearing, the Parties will submit a list of proposed questions to the hearing coordinator.
    
6. Additional Requests
   Generally, hearings will be held using videoconferencing with participants in separate locations, unless a Party objects to being out of the physical presence of the hearing officer. Any objections will be made in writing no later than 3 Working Days before the hearing.
   No later than 1 Working Day before the hearing, the hearing officer will resolve all pending requests regarding participation at the hearing. The hearing coordinator will give prompt notice to the Parties (and witnesses) as appropriate.

Article IX. Hearing Process for Track 2

General Principles

1. Audio Recording of Hearing
   The campus will make an official audio recording of the hearing. The recording is campus property. No other recording of the hearing is permitted. The audio recording will be retained by the campus in accordance with the campus records retention policy. Parties may request to review the recording.
2. Hearing Attendees and Participants
   The following individuals are permitted to attend the hearing:
   1. The Parties
   2. The hearing officer
   3. Witnesses while they are testifying
   4. The Title IX Coordinator
   5. The hearing coordinator
   6. The student conduct administrator
   7. One Advisor per Party
   8. One Support Person per Party
      
      A CSU administrator, university police or security officer, or other individual(s) approved by the hearing officer or hearing coordinator as necessary for technological support, language assistance or other reasonable accommodation may be present but will not participate in the hearing.
3. Witness Participation
   The campus will direct Employee witnesses to attend the hearing. Any Employees, including those in bargaining units, who fail to comply with the directive may be subject to discipline under the applicable provisions of their collective bargaining agreement or other university policy. The campus will arrange for Employee witnesses to be available to attend where the witnesses are timely identified to the hearing coordinator.
   The campus will direct Student witnesses to attend the hearing where the witnesses are timely identified to the hearing coordinator. Students who fail to comply may be subject to discipline depending on the circumstances. The campus will accommodate Student witnesses, including arranging for them to be excused from class attendance where necessary.
    
4. Role of Advisors and Support Persons
   The Parties may each be accompanied at the hearing by one Advisor and one Support Person. An Advisor and Support Person may observe and consult with the Parties. However, during the hearing, the Advisor and Support Person will not make the opening statement or speak regarding the substance or the process of the hearing. Parties may make a request to the hearing officer for a break to speak with their Advisor or Support Person.
    
5. Party Failure to Appear
   If either Party fails to appear at the hearing without good cause, the hearing will nevertheless proceed. Whether good cause exists is determined by the hearing officer.
   The Respondent will not be found to have violated university Policy solely because the Respondent or other witness failed to appear at the hearing. Nor will the Respondent be found not to have violated university policy solely because a Complainant or other witness failed to appear at the hearing.
    
6. Participant Conduct
   Abusive or otherwise disorderly behavior that causes a material disruption will not be tolerated. The hearing officer may excuse from the hearing anyone (including either Party or their Advisor or Support Person) whose behavior causes a material disruption. The hearing officer, at their discretion, may postpone the hearing when a participant has been excused. The hearing officer will consider the equity of postponement as to both Parties.
    
7. New Evidence
   Absent good cause, the Parties may not introduce evidence, including witness testimony, at the hearing that the Party did not identify during the investigation and that was available at the time of the investigation. The hearing officer has discretion to accept or exclude new evidence offered at the hearing.

Opening Statements

Each Party will be given an opportunity to make an opening statement that will last no longer than 10 minutes. The Parties will not make closing statements.
An opening statement is intended to give the Parties the opportunity to share their perspective regarding the facts and discuss the core disputes in the investigation. It should focus on the facts of the matter and not be argumentative.

Questioning

1. Questions Generally
   All questions will be asked by the hearing officer. The hearing officer may ask questions of the Complainant, Respondent, Investigator, any campus official (e.g., Title IX Coordinator or Student Conduct Administrator), and any witness.
   Parties will have the opportunity to submit written questions to the hearing officer in advance of the hearing, as described above.
   The Parties may also submit written follow-up questions to the hearing officer during the hearing, at appropriate times designated by the hearing officer.
   The hearing officer will ask the questions proposed by the Parties except for questions that:
   1. Seek information about the Complainant’s sexual history with anyone other than the Respondent (unless such evidence about the Complainant’s sexual behavior is offered to prove that someone other than the Respondent committed the alleged misconduct).
   2. Seek information about the Respondent’s sexual history with anyone other than the Complainant, unless such information is used to prove motive or pattern of conduct.
   3. Seek information that is unreasonably duplicative of evidence in the hearing officer’s possession.
   4. The hearing officer determines are not relevant to material disputed issues, are argumentative or harassing or unduly intrude on a witness’ privacy.
      
      All information that responsible persons are accustomed to rely upon in the conduct of serious affairs is considered.
2. Hearsay
   Hearsay may be considered but will only be given the weight appropriate under all of the circumstances, with due consideration given to the importance of credibility assessment. Absent extenuating circumstances, the hearing officer will not rely on prior statements made by the Parties or witnesses during the investigation whose credibility is central to the determination unless those Parties or witnesses make themselves available for questioning by the hearing officer.
3. Questions, Concerns, and Objections to Questions Posed
   At the hearing, each Party will have an opportunity to ask questions, submit concerns, or note an objection to questions posed. All such questions, concerns, or objections will be submitted in writing to the hearing officer. The hearing officer is not required to respond to an objection, other than to include it in the record.
4. Hearing Officer Discretion to Rephrase or Decline Questions
   The hearing officer has the authority and duty to decline or rephrase any question that the hearing officer deems to be repetitive, irrelevant, or harassing. Formal rules of evidence applied in courtroom proceedings (e.g., California Evidence Code) do not apply in the hearing. However, the hearing officer may take guidance from the formal rules of evidence.

Article X. Hearing Officer’s Report for Track 2

After the hearing, the hearing officer will make written findings of facts and conclusions about whether the Respondent violated the Policy. The Title IX Coordinator will review the hearing officer’s report to ensure compliance with the Policy.

Contents of Hearing Officer’s Report

The hearing officer’s report will attach the investigation report and will include:

1. The factual allegations and alleged policy violations.
2. The Preponderance of the Evidence standard.
3. Any material evidence identified by the Parties or witnesses that the hearing officer determined was not relevant (or duplicative) and the reason why the evidence was not considered to be relevant.
4. A list of all questions submitted by the Parties at the hearing, and if any questions were not asked, why.
5. A summary of the procedural issues raised by the Parties before or during the hearing.
6. The factual findings and the evidence on which the factual findings are based.
7. The evidence considered including an analysis of the credibility of the Parties and witnesses, when credibility assessments are required to resolve factual disputes.
8. A determination of whether the Policy was violated and an analysis of the basis for that determination.

Forwarding of the Hearing Officer’s Report

The hearing coordinator will forward the hearing officer’s report promptly to the Parties, the Title IX Coordinator, and the student conduct administrator, usually within 15 Working Days of the close of the hearing.

Hearing Outcome - No Violation Found

If no violation is found, the hearing coordinator will notify the Parties of their appeal rights. The campus president (or designee) will also be notified.

Hearing Outcome - Violation Found

1. Statements from Parties, Title IX Coordinator and Student Conduct Administrator
   If a violation is found, the Parties may submit to the hearing coordinator an impact statement or other statement regarding discipline. The statement may not be more than 2000 words in length and will be submitted no later than 5 Working Days after the hearing officer’s report is sent to the Parties.
   The statement is an opportunity for the Parties to suggest disciplinary outcomes and to provide information that they believe is important for the hearing officer to consider.
   The student conduct administrator and the Title IX Coordinator may also submit a written statement regarding aggravating and mitigating factors no later than 5 Working Days after the hearing officer’s report is sent to the Parties.
2. Recommendation as to Disciplinary Sanctions
   Within 5 Working Days after receiving and considering the statements described above, the hearing officer will submit the hearing officer’s report to the president (or designee), including recommended sanctions (as defined in Executive Order 1098 Student Conduct Procedures) if a Respondent has been determined to have violated university Policy.
3. Final Decision and Notification
   1. Timeframe
      Within 10 Working Days of receipt of the hearing officer’s report, the president (or designee) will review the Investigation Report and the hearing officer’s report and issue a decision concerning the appropriate sanction.
   2. Adoption of Sanctions
      The president may impose the recommended sanctions, adopt a different sanction or sanctions, or reject sanctions altogether. If the president adopts a sanction other than what is recommended by the hearing officer, the president must set forth the reasons in the Decision Letter.
   3. Notification of Final Decision
      The decision letter will include:
      • The outcome of the hearing, including any sanction imposed, and the name of the Respondent(s).
      • A copy of the hearing officer’s Report.
      • Notice of the Complainant’s and Respondent’s right to appeal.
        
        The president will also send the decision letter to the Title IX Coordinator so that they may determine whether any additional Remedies (or other supportive measure) will be afforded or undertaken in order to maintain a safe and nondiscriminatory campus environment.
        The president will simultaneously send the decision letter electronically to the Respondent and Complainant. The decision will also be sent to the student conduct administrator and the hearing officer.
        The copy of the decision letter issued to the Complainant will be redacted as to findings regarding conduct that does not constitute a “crime of violence,” Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking (34 C.F.R. § 99.31 et seq.).
        Unless the campus and Parties are notified that an appeal has been filed, the president’s (or designee’s) sanction decision becomes final 11 Working Days after the date of the decision letter.

Article XI. Appeal Review - Chancellor’s Office - Tracks 2 and 3

Filing an Appeal to the Chancellor’s Office

Only the non-prevailing Party may appeal under bases a-c below. A written appeal may be submitted to the Chancellor’s Office no later than 10 Working Days after the date of the notice of investigation outcome/final decision. All arguments and/or evidence supporting the appeal must be submitted by the deadline to file the appeal. Evidence/arguments submitted after the appeal submission deadline will not be considered by the Chancellor’s Office. A written appeal may not exceed 3,500 words, excluding exhibits. Appeals will be submitted to:

Equal Opportunity and Whistleblower Compliance Unit
Systemwide Human Resources
Office of the Chancellor
401 Golden Shore
Long Beach, California 90802
eo-wbappeals@calstate.edu

Electronic submission to the email address listed above is the preferred method of submitting appeals.

Bases for Appeal

An appeal will be based only on one or more of the appeal issues listed below:

1. There was no reasonable basis for the findings or conclusions that resulted in the investigation or hearing outcome.
2. Procedural errors occurred that would have likely changed the outcome of the investigation or hearing.
3. New evidence that was not reasonably available at the time of the investigation or hearing and would have likely affected the investigation outcome or hearing officer’s decision about whether the Respondent violated the Policy.
4. The sanction(s) imposed was objectively unreasonable, or arbitrary based on substantiated conduct (for Track 2 cases only).

Issues and Evidence on Appeal

The issues and evidence raised on appeal will be limited to those raised and identified during the investigation or hearing, unless new evidence that was not reasonably available at the time of the investigation or hearing and that could change the investigation or hearing outcome becomes available after the campus investigation or hearing was completed and is submitted by the appealing Party. The Chancellor’s Office may conduct an interview, at the Chancellor’s Office discretion, with the appealing Party to clarify the written appeal.

Appeal Review

1. Acknowledgement of Appeal
   The Chancellor’s Office will provide prompt written acknowledgement of the receipt of the appeal to the appealing Party, and will provide written notification of the appeal, including a copy of the appeal, to the non-appealing Party and the campus Title IX Coordinator/DHR Administrator. The notice will include the right of the non-appealing Party and the campus to provide a response to the appeal within 10 Working Days of the date of the notice. The appeal response will be limited to 3,500 words, excluding exhibits. Any response to the appeal received by the Chancellor’s Office will be provided to the appealing Party for informational purposes only.
    
2. Reasonable Accommodation
   The Chancellor’s Office will provide reasonable accommodation(s) to any Party or witness in the appeal process with a qualified Disability upon request by the person needing the accommodation. A reasonable accommodation may include an extension of time under these procedures. The timeframe for the Chancellor’s Office Appeal Response will automatically be adjusted for the time needed, if any, to provide reasonable accommodation(s).
    
3. Scope of Chancellor’s Office Review
   The Chancellor’s Office will not conduct a new investigation; however, the Chancellor’s Office may make reasonable inquiries to determine if the new evidence could have affected the investigation or hearing determination. On appeal, the Chancellor’s Office does not reweigh the evidence, re-decide conflicts in the evidence, or revisit determinations made by the Investigator or hearing officer about the credibility or reliability of witnesses and the Parties.
    
4. Chancellor’s Office Appeal Response
   The Chancellor’s Office appeal response will include a summary of the issues raised on appeal, a summary of the evidence considered, the Preponderance of the Evidence standard, and the determination(s) reached regarding the issue(s) identified within the written appeal. A copy of the final Chancellor’s Office appeal response will be forwarded to the Complainant, the Respondent, and the Title IX Coordinator/DHR Administrator.
    
5. Reopening a Campus Investigation or Hearing
   If the Chancellor’s Office review determines that an issue raised on appeal would have affected the investigation outcome or hearing outcome, the investigation or hearing will be remanded back to the campus and the investigation or hearing reopened at the campus level. The Chancellor’s Office will return the matter to the campus and will specify in writing the timeline by which a reopened investigation or hearing must be completed. The Chancellor’s Office will notify the Parties of the reopening of the investigation or hearing and the timeline for completion of the reopened investigation or hearing. The campus will complete the reopened investigation or hearing and provide the Chancellor’s Office with an amended final investigation report/final decision. The campus will also provide the Parties with amended notices of investigation outcome/final decision, and such notices will provide the non-prevailing Party the opportunity to appeal. Upon receipt of the amended final investigation report/final decision, if the outcome remains unchanged, the Chancellor’s Office will contact the original appealing Party to determine whether that Party wishes to continue with the appeal. If the outcome is reversed by the campus , the non-prevailing Party will be given an opportunity to appeal.
    
6. Reversal by Chancellor’s Office
   If the Chancellor’s Office determines that no reasonable fact finder (Investigator or hearing officer) could have made the findings as determined by the Investigator or hearing officer, the Chancellor’s Office may vacate and reverse the investigation or hearing outcome, but only with respect to whether the Policy was violated (and not with respect to factual findings). If the Chancellor’s Office vacates and reverses the investigation or hearing outcome, it will notify the Parties simultaneously in writing, as well as the Title IX Coordinator/DHR Administrator. Following a reversal of an investigation or hearing outcome by the Chancellor’s Office, the Chancellor’s Office decision is final and is not subject to further appeal. In the event that the final outcome has been reversed by the Chancellor’s Office and a sanction will be imposed by the campus, both Parties have a right to appeal the sanction only. If a sanction is found to be objectively unreasonable, or arbitrary based on substantiated conduct, the matter will be sent back to the campus for reconsideration of the sanction.
    
7. Timeline for Chancellor’s Office Response to Appeal
   The Chancellor’s Office will respond to the appealing Party no later than 30 Working Days after receipt of the written appeal, unless the timeline has been extended pursuant to Article XI.D.viii, below.
    
8. Timelines and Extensions
   The Chancellor’s Office has discretion to extend the timelines for the appeal process for good cause or for any reasons deemed to be legitimate by the Chancellor’s Office. This includes the time for filing an appeal, the time for a reopened investigation or hearing to be completed, and the time for the Chancellor’s Office to respond to the appeal. The Chancellor’s Office will notify the Parties and the Title IX Coordinator/DHR Administrator of any extensions of time granted pertaining to any portion of the appeal process.

Interim Procedures for Complaints of Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation Made Against an Employee or Third-Party

Article I. Procedure Scope and Applicability

Scope

The procedures below are used for Complaints that an Employee or Third-Party (including a former Employee, or an applicant for employment) is alleged to have engaged in Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, or Retaliation in violation of the CSU Policy Prohibiting Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation (“the Policy”). These Procedures are effective January 1, 2022, and apply to all Complaints received on or after that date.

The campus will investigate or otherwise respond to reports of alleged misconduct committed by an Employee or Third-Party in accordance with these procedures if the alleged misconduct violates the Policy and:

1. occurred on campus; or
2. involved or impacted a campus program or activity (including campus employment); or
3. affected a Student’s or Employee’s ability to participate in a program, activity, or employment; AND
4. The alleged misconduct was committed against a person who at the time of the alleged misconduct was a Student, or the alleged misconduct was committed by or against an Employee.

Depending on the circumstances, the campus response may or may not include a formal investigation.

These procedures are only used to address conduct that may violate the Policy. Alleged misconduct by Employees or Third-Parties that does not fall under the Policy should be directed to the appropriate administrator in Human Resources or Faculty Affairs.

The campus will respond in a timely and appropriate manner to all Complaints and will take appropriate action to prevent continuation of and correct Policy violations.

Employees who are found to have violated the Policy will be subject to discipline that is appropriate for the violation and in accordance with state and federal requirements and other CSU policies.

Applicability of Provisions to Sex Discrimination and Other Forms of Discrimination

There are certain provisions of these procedures (Article III.B.iii. a., Article IV.B, and Article VI.E) that apply only to certain sex discrimination Complaints (Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, and Stalking) and do not apply to Discrimination, Harassment, and Retaliation (DHR) Complaints. Those provisions include the note “(Applies only to Complaints of sex discrimination)”.

Complaints Involving a Respondent Who Is Both a Student and an Employee

For Complaints against a Student who is also a CSU Employee, where the alleged conduct arose out of the Respondent’s status as an Employee and not as a Student, these procedures apply. A Complaint against a Student-Employee where the alleged conduct arose out of the Respondent’s status as a Student and not their status as an Employee, should be made using the Procedures for Complaints of Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation Made Against a Student.

Complaints against a President, a Chancellor’s Office Employee, or a Title IX Coordinator/DHR Administrator

Complaints against a Chancellor’s Office employee, or a campus Title IX Coordinator/ Discrimination, Harassment, and Retaliation Administrator (“DHR Administrator”) will be made to the Chancellor’s Office at eo-wbappeals@calstate.edu. In that event, the chancellor assumes all responsibilities identified in these procedures as those of the campus president..

Complaints against a campus president will also be made to the Chancellor’s Office, but only if it is alleged that the president directly engaged in conduct that violates the Policy. Any other Complaints against a president (for example, that the president had no substantial involvement other than to rely on or approve a recommendation made by another administrator) will be made to and addressed by the campus.

Complaints against the chancellor or a member of the Board of Trustees will be referred to the chair or vice chair of the Board via the Board of Trustees’ Secretariat at trusteesecretariat@calstate.edu., but only if it is alleged that the chancellor or a member of the Board of Trustees directly engaged in conduct that violates the Policy. Any other Complaints against the chancellor or a member of the Board (for example, that the chancellor or member of the Board of Trustees had no substantial involvement other than to rely on or approve a recommendation made by another administrator) will be made to and addressed by the Chancellor’s Office at eo-wbappeals@calstate.edu.

Capitalized terms in these Procedures are defined in Article VII.B of the Policy.

Article II. The Track System

There are two sets of procedures (“Tracks”) for formal resolution of Complaints against an Employee or a Third-Party (Track 1 or Track 3) as required by federal and state law. Which procedure applies to any given Complaint will depend on a variety of factors described below. Questions about which procedures apply to any specific case should be directed to the campus Title IX Coordinator and/or the DHR Administrator.

The remaining track, Track 2: State Mandated Hearing Process, is not applicable to Complaints against Employees or Third-Parties, as it applies only to certain Complaints against Students.

Track 1: Federal Mandated Hearing Process

Track 1 applies when the alleged conduct:

1. Meets the definition of Sexual Harassment as defined in Article VII.C of the Policy; and
2. Occurred in the United States; and
3. Occurred in an education program or activity at the university, as defined in Track 1.

Under Track 1, the campus will conduct an investigation, and the Complaint will proceed to a hearing unless otherwise resolved. An Investigator will first interview the Complainant, the Respondent, and any witnesses, and gather any documentary evidence. The hearing will occur once an investigation has finished. During the hearing, a hearing officer listens to the witnesses, including the Complainant and the Respondent, and analyzes the evidence, before deciding whether or not the Respondent violated the Policy.

[NOTE: Articles IV through VIII are not applicable to complaints under Track 1. Please reference the above link for the applicable Track 1 Procedures.]

Track 3: Non-Hearing Process

Track 3 applies to all other Complaints under these procedures that allege a Policy violation.

Under Track 3, an Investigator interviews the Complainant, the Respondent, and any witnesses, gathers any documentary evidence, analyzes the evidence, and decides whether or not the Respondent violated the Policy. There is no hearing in Track 3 cases.

Prior to a Notice of Investigation being sent to the Complainant and the Respondent, the Title IX Coordinator/DHR Administrator will determine which Track applies.

Article III. Making a Report

How to Report

The campus Title IX Coordinator is the designated administrator to receive reports of Sex Discrimination, Sexual Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and associated Retaliation. The campus Title IX Coordinator’s contact information can be found on the Systemwide website.

The campus DHR Administrator is the designated administrator to receive reports of all other misconduct prohibited by the Policy. The campus DHR Administrator’s contact information can be found on the Systemwide website.
Complaints that include allegations falling under both areas may be reported to either the Title IX Coordinator or the DHR Administrator who will work together to coordinate and determine who will oversee the Complaint process.

General Principles

1. Individuals Who May Make a Report
   Any person may report an alleged violation of the Policy.
    
2. Timeframe for Making a Report
   Reports may be made at any time, and individuals are encouraged to report an alleged violation of the Policy regardless of how much time has passed. The campus’ ability to interview witnesses and otherwise investigate and take action, however, may be limited by various factors, such as the passage of time. In all cases, the Title IX Coordinator/DHR Administrator is available to discuss Supportive Measures with the Complainant at any time, regardless of how much time has passed since the incident.
    
3. Addressing Concerns About Reporting
   The campus’ primary concern is the safety of the campus community. Any person who reports an alleged violation of the Policy should discuss any such concerns with the Title IX Coordinator/DHR Administrator.
   1. Student Concerns about Reporting Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence or Stalking (Applies only to Complaints of sex discrimination)
      Any Student who participates as a Complainant or witness in a Complaint process (including investigation or hearing) relating to Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, or Stalking that fall under these procedures will not be subject to discipline for related violations of the Standards for Student Conduct at or near the time of the incident, unless the campus determines that the violation was egregious, including, but not limited to, an action that places the health or safety of any other person at risk or involves plagiarism, cheating, or academic dishonesty. The campus may, however, take other appropriate action including having an educational discussion with the Student.
   2. Concerns about Retaliation for Reporting
      The Policy prohibits Retaliation. If a Student or Employee is reluctant to report because they fear retaliation, they should discuss their concerns with the Title IX Coordinator/DHR Administrator as soon as possible.
4. Delivery Methods for Campus Communication with Parties
   Communication with the Complainant and the Respondent (“the Parties”) regarding a Complaint or an investigation will be sent to their designated CSU campus email address, unless the Party has specifically requested in writing to the Title IX Coordinator/DHR Administrator or Investigator that communication be sent to a different email address. Communication with Parties who are neither Students nor Employees will be sent to an email address they designate.
   Any communications relating to the outcome of an investigation or hearing, including any changes to the outcome or when the outcome becomes final, will be provided in writing simultaneously to the Complainant and the Respondent.
    
5. Reasonable Timeframes
   Unless a timeframe is specifically stated, all procedures outlined in these procedures will be carried out in a reasonable timeframe or manner. Reasonableness will mean that under the given set of circumstances, processes will be carried out in a fair and rational manner.
    
6. Complaints Against Sworn University Police Officers
   Complaints and the investigation and resolution of Complaints against Respondents who are sworn university police officers shall be governed by the Policy, the applicable collective bargaining agreement, and the Public Safety Officers Procedural Bill of Rights Act (POBR). The campus Title IX Coordinator/DHR Administrator shall work with the campus Chief of Police, or designee, to investigate Complaints against sworn university police officers. Consultation with the Office of General Counsel is appropriate and recommended.
    
7. Complaints Regarding the Reasonableness of Disability-Related Accommodations
   Complaints made by a Student about a decision regarding the reasonableness of academic adjustments and/or accommodations to a campus’ educational program related to a qualified Disability should be directed to the appropriate campus administrator responsible for services to students with disabilities according to campus process.
   Likewise, Complaints made by Employees about the reasonableness of workplace accommodations will be directed to the appropriate campus administrator in human resources (or other department responsible for Employee accommodation requests), according to campus process.
   Complaints by Students or Employees alleging Discrimination, Harassment or Retaliation arising out of their Disability (including, for example, a complaint alleging that an Employee has discriminated against, or harassed, the Complainant because of their Disability) will be addressed under these procedures. Complaints by Students or Employees alleging failure by an Employee to implement an approved academic adjustment or employment accommodation will also be addressed under these procedures.

Article IV. Campus Procedure for Responding to a Report

Regardless of whether a Complaint has been made, when the campus becomes aware of possible Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, or Retaliation, the Title IX Coordinator/DHR Administrator will investigate, or otherwise address the matter.

Outreach to Complainant

After receiving a report, the Title IX Coordinator/DHR Administrator will assess the report and provide outreach to the possible Complainant named in the report. This outreach will include the following:

1. A statement that the campus has received a report of Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, or Retaliation.
2. A description of the role of the Title IX Coordinator/DHR Administrator.
3. Information regarding counseling and other support resources.
4. A statement regarding the importance of preserving evidence.
5. A statement that the Complainant may, but is not required to, report to law enforcement any allegations that could constitute criminal behavior.
6. A request for the Complainant to meet with the Title IX Coordinator/DHR Administrator, or other designated employee, to discuss the Complainant’s options and next steps.
7. A statement that the Complainant can be accompanied by an Advisor of their choice during any meeting relating to the report and any subsequent Complaint process.
8. Information regarding potential Supportive Measures, where applicable.
9. A summary of the investigation procedures.
10. An explanation of how the campus responds to reports of Policy violations and a description of potential disciplinary consequences.
11. A statement that retaliation for making a Complaint or participating in a Complaint process is prohibited by the Policy.

Written Information Regarding Rights and Options for Complainants Reporting Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence or Stalking (Applies only to Complaints of sex discrimination)

Along with the information provided in the outreach communication, the Title IX Coordinator will provide Complainants alleging Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, or Stalking, with the information in Attachment D to the CSU Policy Prohibiting Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation - Rights and Options for Victims of Sexual Misconduct/Sexual Assault, Sexual Exploitation, Dating And Domestic Violence, And Stalking - Rights and Options.

Initial Assessment

1. Intake Meeting for Complainants
   The Title IX Coordinator/DHR Administrator will conduct an intake meeting with any Complainant who responds to outreach communication or otherwise makes a report of a potential Policy violation to discuss the Complainant’s options, explain the process, and provide information about Supportive Measures.
    
2. Advisors
   The Complainant and Respondent may choose to be accompanied by an Advisor of their choice during meetings or any stage of the Complaint process.
   The Parties also have the right to consult with an attorney, at their own expense, or a union representative at any stage of the process if they wish to do so. An attorney or union representative may serve as a Party’s chosen Advisor.
   The unavailability of a specific Advisor will not unduly interfere with prompt scheduling.
    
3. Confidentiality Requests and Requests Not to Investigate
   1. Confidentiality Requests
      Confidentiality of reports, Complaints, and associated processes will be provided whenever possible. To protect the campus community and to facilitate investigations and/or Supportive Measures, when necessary, certain information may be shared on a “need-to-know” basis. Therefore, a campus cannot guarantee confidentiality.
       
   2. Requests Not to Investigate
      When a Complainant requests that no investigation occur, the Title IX Coordinator/DHR Administrator will balance the request against the campus’ duty to provide a safe and non-discriminatory environment for all members of the campus community. Relevant factors include whether:
      • There are multiple or prior reports of misconduct against the Respondent.
      • The Respondent poses an imminent threat to the campus community, which may include violence, threats of violence, use of a weapon, physical restraints, or engaged in battery.
      • There is a power imbalance between the Complainant and Respondent.
      • The Complainant reasonably believes that they will be less safe if their name is disclosed or an investigation is conducted.
      • The Title IX Coordinator/DHR Administrator anticipates that it will be possible to conduct a thorough investigation and obtain relevant evidence without the Complainant’s cooperation.
        
        If the Complainant is an Employee, the campus will also consider its obligation to maintain a safe work environment in determining whether an investigation is necessary.
   3. Communication and Safety Considerations
      Where the Title IX Coordinator/DHR Administrator declines a request for confidentiality or a request not to proceed with an investigation, the Complainant will be informed in advance of the Title IX Coordinator/DHR Administrator disclosing the Complainant’s identity and details of the Complaint or report to the Respondent, or initiating an investigation. The Title IX Coordinator/DHR Administrator will work with campus partners to take steps to arrange reasonable safety measures for the Complainant, if appropriate. The Title IX Coordinator/DHR Administrator will honor a Complainant’s request that the Respondent be informed that the Complainant had asked the campus not to investigate or seek discipline.
4. Supportive Measures
   The Title IX Coordinator/DHR Administrator will describe and offer Supportive Measures to Complainants during the initial assessment (even if the Complaint is ultimately not investigated), and to Respondents during the initial meeting.
   
   If a request for confidentiality or no investigation is granted, the Title IX Coordinator/DHR Administrator will nevertheless take reasonable steps to limit the effects of the alleged Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking or Retaliation, and prevent its recurrence without initiating formal action against the Respondent or revealing the identity of the Complainant. Examples include increased temporary monitoring, supervision, or security at locations or activities where the alleged misconduct occurred; providing additional training and education materials for students and employees; or conducting climate surveys.
   
   The Title IX Coordinator/DHR Administrator is responsible for coordinating the effective implementation of Supportive Measures if requested and available.
   
   Reasonable steps will be taken to provide for the safety of a Complainant while keeping the Complainant’s identity confidential as appropriate and if possible. These steps may include changing living arrangements or course schedules, assignments, or tests. The Complainant will be notified that the steps the campus will take may be limited by the request for confidentiality.
    
5. No-Contact Directives
   No-contact directives may be issued as a Supportive Measure, Remedy or in connection with an Informal Resolution Agreement with or without an investigation. When reasonably requested by a Complainant or otherwise determined to be warranted (to protect health and safety or to preserve the integrity of the investigation), the campus will issue an interim no-contact directive prohibiting the Respondent from contacting the Complainant while the investigation is pending (unilateral no-contact directive). No-contact directives that are not part of an Informal Resolution Agreement must meet the following requirements:
   1. No-contact directives that limit an individual’s movement on campus may only be issued where the conduct alleged is egregious or where an objective threat of physical harm exists.
   2. A mutual no-contact directive (against both Parties) may only be issued prior to an investigation outcome. Mutual no-contact directives will not be issued automatically. The Title IX Coordinator/DHR Administrator must consider, based on the circumstances of each case, whether a mutual no-contact directive is necessary or justifiable to protect the Respondent’s safety or well-being, or to address concerns about interference with an investigation.
   3. If there is a finding that the Policy has been violated and a mutual no-contact directive is already in effect, absent extenuating circumstances, the no-contact directive will promptly be converted to a unilateral no-contact directive (against only the Respondent).
   4. Any no-contact directive (whether mutual or unilateral) will be delivered to both Parties and will be accompanied by a written explanation of the terms of the directive and the consequences for violating the no-contact directive. A no-contact directive is intended to be temporary and should be periodically assessed to confirm the continued need for, and appropriateness of, its specific terms (conditions), including whether it should be mutual (against both parties) or unilateral (only against the Respondent). Violations of no-contact directives will be addressed by the campus human resources or faculty affairs (Employees), or by campus student conduct administrators (Students) in the same manner as a violation of the Standards of Student Conduct. If the alleged violation of the no-contact directive is itself a violation of the Policy, the matter will be referred to the Title IX Coordinator/DHR Administrator.
6. Criminal Complaints and Concurrent Investigations
   Complainants will be informed during the intake meeting of their right to make a criminal complaint with university police or other appropriate law enforcement. The Title IX Coordinator/DHR Administrator will offer to assist the Complainant and will assure them that filing a criminal complaint will not unreasonably delay the campus investigation.
   
   A campus will ordinarily not wait until the conclusion of a criminal investigation to begin its own investigation. Although it may be necessary to temporarily delay the campus investigation while law enforcement is gathering evidence, once notified that law enforcement has completed the fact gathering portion of their investigation, the campus will promptly resume and complete its own investigation.
   
   Individuals who first report to university police will be encouraged to also make a Complaint with the Title IX Coordinator/DHR Administrator.
    
7. Administrative Leave
   A campus may place an Employee Respondent on administrative leave (sometimes referred to as temporary suspension) while the Complaint process is pending in accordance with applicable collective bargaining agreements and CSU policies.
    
8. Interim Suspension
   An interim suspension may be considered for an Employee Respondent who is also a Student, where there is reasonable cause to believe that interim suspension of that Student is necessary to protect the personal safety of persons within the campus community or campus property, and to ensure the maintenance of order during an investigation. Such interim suspensions will be implemented in accordance with the procedures under Executive Order 1098 Student Conduct Procedures and will only remain in effect during the Complaint process until determined to be no longer necessary. In determining whether an interim suspension is necessary, the Title IX Coordinator/DHR Administrator will coordinate with the student conduct administrator to ensure appropriate on-going assessment and implementation occurs.

Complaints

The Title IX Coordinator/DHR Administrator will determine whether to open an investigation after making a preliminary inquiry into the allegations. An investigation may not be warranted where the reported information is insufficient. These determinations will be documented in writing by the Title IX Coordinator/DHR Administrator and maintained in accordance with systemwide records retention policies.

1. Complaint Accepted for Investigation
   Within 10 Working Days of the date of an intake meeting or receipt of a request for investigation from the Complainant (whichever is later), or making a determination that an investigation is necessary without a request from or participation by the Complainant, the Title IX Coordinator/DHR Administrator will send a notice of investigation to the Complainant and Respondent.
    
2. Complaint Not Accepted for Investigation
   If the Title IX Coordinator/DHR Administrator determines that the Complaint fails to allege a violation of the Policy, the Title IX Coordinator/DHR Administrator will, within 10 Working Days of the date of the intake or receipt of a written request for investigation (whichever is later), notify the Complainant in writing that the Complaint will not be investigated without further information. The Title IX Coordinator/DHR Administrator will refer the Complaint to another campus office if appropriate and will notify the Complainant of any referral. The Title IX Coordinator/DHR Administrator will retain a record of the Complaint, the written determination and any referrals made to another campus office.
    
3. Investigation Where a Student Complainant Does Not Participate
   A Student Complainant will not be required to participate in an investigation if they do not wish to do so. In cases where the Complainant does not want to pursue an investigation, the Title IX Coordinator/DHR Administrator should inform the Complainant that the ability to take corrective action may be limited.
   
   If a Student Complainant chooses not to participate from the outset (after the Title IX Coordinator/DHR Administrator receives a report), the Title IX Coordinator/DHR Administrator will evaluate whether it will be possible to move forward without their participation, including whether the non-participation will impact the campus’ ability to conduct a meaningful investigation. Based on this assessment, the Title IX Coordinator/DHR Administrator has discretion to initiate an investigation without the Complainant’s participation. The Title IX Coordinator/DHR Administrator will document the basis for the decision to initiate or to not initiate the investigation.
   
   When the Title IX Coordinator/DHR Administrator decides to proceed with an investigation without a Student Complainant’s participation, the Title IX Coordinator/DHR Administrator will make the Complaint on behalf of the campus. The Title IX Coordinator/DHR Administrator will not serve as the Complainant and will remain neutral in applying the Policy and these Procedures. The Student Complainant will be provided the same notices and updates as the Respondent throughout the investigation, and where applicable, hearing process(es), unless they decline in writing to receive such communications.
    
4. Student Grade Appeals
   Grade appeals that allege a violation of the Policy proceed under the campus procedures per Executive Order 1037 CSU Grading, Repetition of Courses, Academic Renewal, and Appeals Policy (or any superseding policy) and under these procedures as follows: The Student will promptly request a grade appeal and note that the grade appeal procedure should be paused until such time as the campus investigation and any appeal process under these procedures have concluded. The determination whether a violation occurred under the Policy will be provided to the campus grade appeal committee, and the committee will be bound by the determination when the grade appeal process resumes under Executive Order 1037.
    
5. Notice of Investigation

Notice of Investigation

At the onset of the investigation, the Title IX Coordinator/DHR Administrator will simultaneously provide both Parties a notice of investigation. The notice of investigation will include the following:

• A summary of the Complaint allegations (e.g., “who,” “what,” “when,” and “where”).
• A copy of, or internet link to, these procedures and the Policy, as well as a summary of the alleged Policy violations.
• A description of the investigation and resolution procedure (including the right to appeal).
• The estimated timeline for completion of the investigation.
• A description of the university’s Policy against Retaliation.
• Information about the Parties’ right to an Advisor, including the right to consult with an attorney, at their own expense, or a union representative, at any stage of the process.
• Information regarding counseling and other support resources.
• A statement that the Complainant and Respondent will have equal opportunities to identify relevant witnesses and evidence in connection with the investigation, including the ability to:
  1. submit documentary information to the Investigator;
  2. submit a list of potential witnesses to the Investigator; or
  3. request that the Investigator attempt to collect additional relevant evidence.
• A statement that any evidence available, but not disclosed during the investigation might not be considered in any findings made and likely will not be considered for purposes of appeal.
• A statement that the Complainant and Respondent will be provided with periodic status updates in accordance with the timelines established in this procedure.
• A statement regarding the possible range of disciplinary outcomes.
  
  If new but related allegations are raised during the investigation that are materially different from those described in the notice of investigation, the Title IX Coordinator/DHR Administrator will issue a revised notice of investigation along with a corresponding revised timeline for completion, if appropriate, to the Parties.

Article V. Discretionary Dismissal

Discretionary Dismissal

At any time after a Complaint has been accepted for investigation, it is within the discretion of the Title IX Coordinator/DHR Administrator to dismiss a Complaint, or any part of a Complaint, if:

1. the Complainant notifies the Title IX Coordinator/DHR Administrator in writing that they would like to withdraw the Complaint or any part of it: or
2. if the specific circumstances prevent the campus from gathering evidence necessary to reach a determination as to the Complaint or part of the Complaint.

Notice Requirement

The Title IX Coordinator/DHR Administrator will send to the Parties, at the same time, written notice of a discretionary dismissal, the reason(s) for the dismissal, and the right to appeal the dismissal. The notice will also inform the Parties if the Complaint will be referred to another campus office for resolution.

Appeal after Discretionary Dismissal

Either Party may appeal a dismissal of a Complaint or any part of the Complaint. The appeal must be submitted within 10 Working Days from the date of the notice of dismissal. The appeal will be in writing and will be based only on one or more of the following grounds:

1. Procedural errors that resulted in the incorrect dismissal of the Complaint.
2. New evidence exists that was not reasonably available at the time of the dismissal and that would affect the decision to dismiss the Complaint.
3. The decision to dismiss the Complaint was objectively unreasonable or arbitrary.
4. The Title IX Coordinator/DHR Administrator (or designee) who dismissed the Complaint demonstrated a conflict of interest or bias for or against a Party in this case or Complainants or Respondents in general that affected the outcome of the matter.

Appeals will be submitted to the Chancellor’s Office and will be addressed to:

Equal Opportunity and Whistleblower Compliance Unit
Systemwide Human Resources
Office of the Chancellor
401 Golden Shore
Long Beach, California 90802
eo-wbappeals@calstate.edu

Any person who is unable to submit an appeal or a response to an appeal electronically, should contact the campus Title IX Coordinator/DHR Administrator for assistance.

When an appeal is submitted, the Chancellor’s Office will notify the other Party and the campus Title IX Coordinator/DHR Administrator in writing. The non-appealing Party may submit a written statement in support of or challenging the dismissal no later than 5 Working Days after the notice of appeal. Within 10 Working Days of the Chancellor’s Office receipt of the appeal, the Chancellor’s Office will notify the Parties (via email and at the same time) of its decision.

The Chancellor’s Office will not consider evidence that was not introduced during the campus review unless the new evidence was not reasonably available at the time of the review.

The Chancellor’s Office has discretion to extend the timelines for the discretionary dismissal appeal process for good cause or for any reasons deemed to be legitimate by the Chancellor’s Office. This includes the time for filing an appeal and the time for the Chancellor’s Office to respond to the appeal. The Chancellor’s Office will notify the Parties and the Title IX Coordinator/DHR Administrator of any extensions of time granted pertaining to any portion of the appeal process.

The Chancellor’s Office appeal response is final and concludes the discretionary dismissal process under these procedures.

Article VI. Informal Resolution

The CSU recognizes some Parties may desire resolution of their matter through an Informal Resolution process (“Informal Resolution”), instead of through the formal resolution process. Accordingly, Parties may mutually agree, with the agreement of the Title IX Coordinator/DHR Administrator, to resolve a Complaint through an Informal Resolution process, instead of undergoing the formal resolution process. The Informal Resolution process is entirely voluntary and will not occur unless both Parties agree in writing to participate in an Informal Resolution process.

The Title IX Coordinator/DHR Administrator will oversee the Informal Resolution process, conduct an initial and on-going assessment as to whether the Informal Resolution process should continue, and make the final determination on all Informal Resolutions facilitated by the Title IX Coordinator/DHR Administrator or designee regarding whether the terms agreed to by the Parties are appropriate in light of all of the circumstances of the Complaint. In some circumstances, depending on the nature and/or severity of the allegations, an Informal Resolution may not be not appropriate, and the Title IX Coordinator/DHR Administrator will not approve an Informal Resolution. Prior to approving an Informal Resolution, the Title IX Coordinator/DHR Administrator will consult with the appropriate administrator in human resources or faculty affairs.

Notice of Agreement to Engage in Informal Resolution

Prior to engaging in an informal resolution process, the campus will obtain the Parties’ voluntary, written consent. Parties who choose to participate in the voluntary Informal Resolution process will be sent a notice of agreement to engage in Informal Resolution. The notice will include the following:

• An explanation that at any time prior to agreeing to a resolution, any Party has the right to withdraw from the Informal Resolution process and resume the investigation process.

• The Parties’ right to consult with an Advisor.
• Any resolution must be in writing and signed by both Parties and the Title IX Coordinator/DHR Administrator.
• Once the Informal Resolution process is finalized, neither Party is permitted to file another Complaint arising from the same allegations.

Timeframe

The Informal Resolution process may take place at any time before a determination of responsibility is made, but no later than 60 Working Days after both Parties provide voluntary, written consent to participate in the Informal Resolution process, unless the Parties and the Title IX Coordinator/DHR Administrator agree to an extension.

Effect of Informal Resolution Agreement

Any agreed-upon Remedies and disciplinary sanctions agreed to in an Informal Resolution have the same effect as Remedies given and sanctions imposed following an investigation, consistent with collective bargaining agreements.

Written Agreement - Not Subject to Appeal

The terms of any Informal Resolution must be in writing and signed by the Parties and the Title IX Coordinator/DHR Administrator. Use of electronic signatures is permitted. A signed agreement to an Informal Resolution is final and is not appealable by either Party.

Mediation Between the Parties (Applies only to Complaints of sex discrimination)

Mediation between the Parties cannot be used, even on a voluntary basis, to resolve Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, or Stalking Complaints.

Article VII. Investigations

General Principles

1. Purpose of the Investigation and Adjudication Process
   The investigation and adjudication of Complaints under these procedures is not intended to be an adversarial process between the Complainant, the Respondent, and witnesses. Rather, it is a process and opportunity for the campus to provide an environment free from discrimination and comply with its obligations under law.
    
2. Cooperation in an Investigation
   All Employees and Students who are not Parties to the Complaint are required to cooperate with the investigation and other processes set forth in these procedures, including but not limited to, attending meetings and interviews, and being forthright and honest during the process.
    
3. Standard and Burden of Proof
   The Preponderance of the Evidence based on the facts available at the time of the decision is the standard for demonstrating facts and reaching conclusions in an investigation that uses these procedures.
   The burden of gathering evidence sufficient to reach a determination regarding responsibility rests on the campus and not on the Parties. The Complainant does not have the burden to prove, nor does the Respondent have the burden to disprove, the underlying allegation or allegations of misconduct.
    
4. Role of the Title IX Coordinator/DHR Administrator in the Investigation Process
   The Title IX Coordinator/DHR Administrator will either investigate the Complaint or assign this task to another Investigator. If assigned to an Investigator, the Title IX Coordinator/DHR Administrator will supervise and oversee the investigation, including reviewing all investigation draft reports before they are final to ensure that the investigation complies with these procedures.
    
5. Neutrality of Process
   The Title IX Coordinator/DHR Administrator will make reasonable efforts to ensure that anyone involved in conducting investigations, finding facts, and making disciplinary decisions in a matter will be impartial, neutral, and free from actual conflicts of interest. A conflict of interest exists if a person has a personal relationship with one of the Parties or witnesses, has a reporting employment relationship with a Party, or has demonstrated actual bias towards a Party or witness or towards Complainants or Respondents in general. Any party who seeks to disqualify the Title IX Coordinator or DHR Administrator due to bias or a conflict of interest will direct their request to the Chancellor’s Office Appeals Unit at eo-wbappeals@calstate.edu. Requests for disqualification must be supported by evidence that the bias or conflict of interest prevents the Title IX Coordinator/DHR Administrator from fairly performing their duties. Mere belief or opinion does not constitute evidence.
    
6. Timeframe, Extensions, and Status Updates
   The Title IX Coordinator/DHR Administrator or designee will send the Final Investigation Report to the Parties within 100 Working Days from the date that the Notice of Investigation is provided to the Parties. Extensions may be granted for good cause as determined by the Title IX Coordinator/DHR Administrator.
   
   The Parties will receive written notice from the Title IX Coordinator/DHR Administrator or designee if an extension is necessary and why. The notice will indicate if the extension alters the timeframes for the major stages of the Complaint process.
   
   At the request of either Party, the Title IX Coordinator/DHR Administrator or designee will provide status updates regarding investigation and appeal timeframes to both Parties.
    
7. Reasonable Accommodations
   Any person with a Disability who seeks reasonable accommodations to participate in the Complaint submission or investigation process will be referred to the appropriate campus administrator (for Students, the services for students with disabilities administrator, and for Employees the appropriate human resources administrator) who may consult with the Title IX Coordinator/DHR Administrator to determine the reasonableness of a requested accommodation.
    
8. Consolidation
   Where Parties assert Complaints against each other, and they arise out of the same events or circumstances, the Title IX Coordinator/DHR Administrator may consolidate the Complaints into one.
    
9. Acceptance of Responsibility
   The Respondent may, at any time during the investigation process, prior to an Investigator issuing their determination, choose to accept responsibility for the alleged conduct prohibited under the Policy.
   
   Before a Respondent accepts responsibility for the alleged misconduct, the Title IX Coordinator/DHR Administrator or designee will discuss with the Respondent that the matter will be referred to the campus president or designee for a decision regarding an appropriate discipline, that the acceptance of responsibility could - but will not necessarily - be regarded as a mitigating factor that results in less severe discipline.
   
   Acceptance of responsibility will only be recognized if the Respondent accepts responsibility by signing a written document prepared by the Title IX Coordinator/DHR Administrator that describes the range of discipline that the president or designee will consider in reaching a decision about discipline.
   
   If the Respondent has accepted responsibility in writing, the Title IX/DHR office will issue a brief written summary of the allegations and a statement that the Respondent has accepted responsibility. The written summary will be sent to both the Complainant and the Respondent.
   Within 5 Working Days of receiving the Investigator’s written summary, each Party may submit to the Title IX Coordinator/DHR Administrator an impact statement or other statement regarding discipline that is no more than 2000 words in length. The document is an opportunity for each Party to suggest disciplinary outcomes and to provide information that they believe is important for the president or designee to consider when reaching a decision regarding discipline. The Title IX Coordinator/DHR Administrator and appropriate human resources/faculty affairs administrator may also submit a written statement regarding aggravating and mitigating factors (that is, factors that would warrant more severe or less severe discipline), including whether the Respondent was previously found to have violated the Policy and/or other CSU policies. These written statements will be provided to the president or designee who will decide appropriate discipline.
   
   Where there is an acceptance of responsibility regarding some but not all of the alleged conduct, the investigation process will continue to conclusion, unless otherwise resolved through Informal Resolution.

Respondent Initial Meeting

In the notice of investigation, the Title IX Coordinator/DHR Administrator will schedule an initial meeting with the Respondent. At this meeting, the Title IX Coordinator/DHR Administrator will explain the allegations against the Respondent, as well as the investigation process, and the Respondent’s rights during the process. The Title IX Coordinator/DHR Administrator will also explain that during the investigation, the Respondent and the Complainant will have the opportunity to present evidence, identify witnesses, and review evidence.

Gathering Evidence

1. Opportunity to Submit Evidence and Identify Witnesses
   During the investigation, the Investigator will take reasonable steps to gather all relevant evidence from the Parties, other witnesses, or other sources. The Investigator will document the steps taken to gather evidence, even when those efforts are not successful.
2. Bases for Declining a Request to Gather Evidence
   The Investigator will gather evidence and ask questions proposed by the Parties, except as follows:
   1. The Investigator determines that the questions are repetitive, irrelevant, or harassing.
   2. The request seeks information that can be reasonably and adequately obtained by the requesting Party from other independent or publicly available sources.
   3. The burden of obtaining the information is likely to substantially outweigh the benefit that the evidence bears on a disputed issue.
   4. The requested information can be reasonably obtained through other means less likely to intrude on a person’s privacy.
   5. The Investigator will not consider the prior or subsequent sexual history of a Complainant or Respondent, except:
      1. Where the prior or subsequent sexual history between the Complainant and anyone other than the Respondent is directly relevant to prove that physical injuries alleged to have been inflicted by the Respondent were inflicted by another individual.
      2. Where the evidence is relevant to how the Parties communicated consent in prior or subsequent consensual sexual relations.
      3. Where the Investigator allows consideration of evidence about a dating relationship or prior or subsequent consensual sexual relations between the Complainant and the Respondent, the fact that the Complainant and Respondent engaged in other consensual sexual relations with one another is never sufficient, by itself, to establish that the conduct in question was consensual.
         
         Before allowing the consideration of any evidence of sexual history of the Complainant or the Respondent under this section, the Investigator will provide a written explanation to the Parties as to why consideration of the evidence is permissible under this section.
3. Medical/Treatment Records
   The Investigator will not use a Party’s medical or treatment records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional unless the campus obtains that Party’s voluntary, written consent to do so.

Preliminary Investigation Report and Review of Evidence

Before finalizing the investigation, the Investigator will share with the Complainant and Respondent a preliminary investigation report, along with all relevant evidence gathered. The preliminary investigation report will: (a) describe the allegations; (b) identify the material facts - undisputed and disputed - with explanations as to why any material fact is disputed; and (c) describe the evidence presented and considered.

The preliminary investigation report will list any evidence offered by the Parties or any other witnesses that the Investigator concluded are not relevant. This evidence will be available for review upon request.

1. Access to Preliminary Investigation Report
   The Investigator, in consultation with the Title IX Coordinator/DHR Administrator, will use discretion in determining how to provide the Parties with secure access to the preliminary investigation report.
2. Review of Evidence
   Each Party will be given a reasonable opportunity to respond to the preliminary investigation report and any attached evidence and ask questions. Each Party may:
   1. meet again with the Investigator
   2. respond to the evidence in writing
   3. request that the Investigator ask specific questions to the other Party and other witnesses
   4. identify additional witnesses
   5. request that the Investigator gather additional evidence
      
      The opportunity to review and respond to the preliminary investigationreport is known as the “review of evidence” process.
3. Conclusion of Review of Evidence
   The Investigator will share with the Parties the answers to questions posed during the review of evidence and additional relevant evidence gathered. This will be shared with all Parties, who may then respond to any new evidence and ask questions.
   The Investigator determines when it is appropriate to conclude the review of evidence process.

Final Investigation Report

1. Track 1 Final Investigation Report (Hearing Required)
   The requirements for a Track 1 final investigation report are described in the Track 1 procedures.
    
2. Track 3 Final Investigation Report (Hearing NOT Required)
   In matters where a hearing is not required, a final investigation report will be provided to the Parties along with a notice of investigation outcome. The final investigation report will include a summary of the allegations, the investigation process, the Preponderance of the Evidence standard, a detailed description of the evidence considered, analysis of the evidence including relevant credibility evaluations, and appropriate findings. Relevant exhibits and documents will be attached to the written report.
   The notice of investigation outcome will attach the final investigation report and include the following:
   • A summary of the allegations and the investigative process.
   • That the Preponderance of the Evidence standard was employed.
   • A summary of the findings of fact.
   • A determination as to whether the Policy was violated, and if so, any Remedies to be afforded to the Complainant.
   • Notice of Parties’ right to appeal under these procedures.
     
     The notice may be delivered to the Parties electronically. If the notice includes a determination that the Policy was violated, the Title IX Coordinator/DHR Administrator will notify the appropriate campus administrator of the investigation outcome and provide a copy of the final investigation report.
     Employees disciplined by the university may be entitled to additional processes as required by law and/or collective bargaining agreements, including in some cases the right to a hearing before an independent arbitrator or a state agency where the employee may contest the discipline.

Article VIII. Appeal Review - Chancellor’s Office - Track 3

Filing an Appeal to the Chancellor’s Office

Only the non-prevailing Party may appeal. A written appeal may be submitted to the Chancellor’s Office no later than 10 Working Days after the date of the notice of investigation outcome. All arguments and/or evidence supporting the appeal must be submitted by the deadline to file the appeal. Evidence/arguments submitted after the appeal submission deadline will not be considered by the Chancellor’s Office. A written appeal may not exceed 3,500 words, excluding exhibits. Appeals will be submitted to:

Equal Opportunity and Whistleblower Compliance Unit
Systemwide Human Resources
Office of the Chancellor
401 Golden Shore
Long Beach, California 90802
eo-wbappeals@calstate.edu

Electronic submission to the email address listed above is the preferred method of submitting appeals.

Bases for Appeal

An appeal will be based only on one or more of the appeal issues listed below:

1. There was no reasonable basis for the findings or conclusions that resulted in the investigation outcome.
2. Procedural errors occurred that would have likely changed the outcome of the investigation.
3. New evidence that was not reasonably available at the time of the investigation and would have likely affected the investigation outcome about whether the Respondent violated the Policy.

Issues and Evidence on Appeal

The issues and evidence raised on appeal will be limited to those raised and identified during the investigation, unless new evidence that was not reasonably available at the time of the investigation and that could change the investigation outcome becomes available after the campus investigation was completed and is submitted by the appealing Party. The Chancellor’s Office may conduct an interview, at the Chancellor’s Office discretion, with the appealing Party to clarify the written appeal.

Appeal Review

1. Acknowledgement of Appeal
   The Chancellor’s Office will provide prompt written acknowledgement of the receipt of the appeal to the appealing Party, and will provide written notification of the appeal, including a copy of the appeal, to the non-appealing Party and the campus Title IX Coordinator/DHR Administrator. The notice will include the right of the non-appealing Party and the campus to provide a response to the appeal within 10 Working Days of the date of the notice. The appeal response shall be limited to 3,500 words, excluding exhibits. Any response to the appeal received by the Chancellor’s Office will be provided to the appealing Party for informational purposes only.
    
2. Reasonable Accommodation
   The Chancellor’s Office will provide reasonable accommodation(s) to any Party or witness in the appeal process with a qualified Disability upon request by the person needing the accommodation. A reasonable accommodation may include an extension of time under these procedures. The timeframe for the Chancellor’s Office Appeal Response will automatically be adjusted for the time needed, if any, to provide reasonable accommodation(s).
    
3. Scope of Chancellor’s Office Review
   The Chancellor’s Office will not conduct a new investigation; however, the Chancellor’s Office may make reasonable inquiries to determine if new evidence could have affected the investigation determination. On appeal, the Chancellor’s Office does not reweigh the evidence, re-decide conflicts in the evidence, or revisit determinations made by the Investigator about the credibility or reliability of witnesses and the Parties.
    
4. Chancellor’s Office Appeal Response
   The Chancellor’s Office appeal response shall include a summary of the issues raised on appeal, a summary of the evidence considered, the Preponderance of the Evidence standard, and the determination(s) reached regarding the issue(s) identified within the written appeal. A copy of the final Chancellor’s Office appeal response will be forwarded to the Complainant, the Respondent, and the Title IX Coordinator/DHR Administrator.
    
5. Reopening a Campus Investigation
   If the Chancellor’s Office review determines that an issue raised on appeal would have affected the investigation outcome, the investigation will be remanded back to the campus and the investigation reopened at the campus level. The Chancellor’s Office will return the matter to the campus and will specify in writing the timeline by which a reopened investigation must be completed. The Chancellor’s Office will notify the Parties of the reopening of the investigation and the timeline for completion of the reopened investigation. The campus will complete the reopened investigation and provide the Chancellor’s Office with an amended final investigation report. The campus will also provide the Parties with amended notices of investigation outcome, and such notices will provide the non-prevailing Party the opportunity to appeal. Upon receipt of the amended final investigation report, if the outcome remains unchanged, the Chancellor’s Office will contact the original appealing Party to determine whether that Party wishes to continue with the appeal. If the outcome is reversed by the campus, the non-prevailing Party will be given an opportunity to appeal.
    
6. Reversal by Chancellor’s Office
   If the Chancellor’s Office determines that no reasonable fact finder (Investigator) could have made the findings as determined by the Investigator, the Chancellor’s Office may vacate and reverse the investigation outcome, but only with respect to whether the Policy was violated (and not with respect to factual findings). If the Chancellor’s Office vacates and reverses the investigation outcome, it will notify the Parties simultaneously in writing, as well as the Title IX Coordinator/DHR Administrator. Following a reversal on the investigation outcome by the Chancellor’s Office, the Chancellor’s Office decision is final and is not subject to further appeal.
    
7. Timeline for Chancellor’s Office Response to Appeal
   The Chancellor’s Office will respond to the appealing Party no later than 30 Working Days after receipt of the written appeal, unless the timeline has been extended pursuant to Article VIII. D. viii, below.
    
8. Timelines and Extensions
   The Chancellor’s Office has discretion to extend the timelines for the appeal process for good cause or for any reasons deemed to be legitimate by the Chancellor’s Office. This includes the time for filing an appeal, the time for a reopened investigation to be completed, and the time for the Chancellor’s Office to respond to the appeal. The Chancellor’s Office will notify the Parties and the Title IX Coordinator/DHR Administrator of any extensions of time granted pertaining to any portion of the appeal process.

Track 1: Federal Mandated Hearing Process

Track 1: Federal Mandated Hearing Process supersedes the investigation and resolution process under Track 2: State Mandated Hearing Process and Track 3: Non-Hearing Process for cases that are defined by the Title IX Federal Regulations as sexual harassment in an education program or activity against a person (including, but not limited to students and employees) in the United States.

In 2020, through Secretary of Education Betsy DeVos, the United States Department of Education, Office for Civil Rights (OCR) issued and amended federal regulations (Federal Regulations) implementing the sex discrimination law known as “Title IX,” which is part of the Education Amendments of 1972. The Federal Regulations are titled Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance (34 C.F.R. 106). The Federal Regulations were published in the Federal Register on May 19, 2020. As of their effective date, August 14, 2020, the Federal Regulations have the full force of law and all U.S. higher education institutions that receive federal funds, including the CSU, must comply with the Federal Regulations.

Article I. Scope of Track 1

Track 1 is applicable to cases that are defined by the Federal Regulations as Sexual Harassment in an Education Program or Activity against a person (including Students and Employees of the CSU) in the United States.

The Title IX Coordinator and the DHR Administrator, will assess allegations of non-Track 1 prohibited conduct set forth in the same Complaint that arise out of the same facts and/or incidents that may also be investigated and resolved (including sanctions and discipline) in accordance with Track 1 or other CSU policies or procedures.

Article II. Definitions

Track 1 prohibited conduct is defined under Article VII.C of the CSU Policy Prohibiting Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation (“the Policy”). Capitalized terms are defined in Track 1 and in Article VII.B of the Policy. In implementing this process, the definitions in Track 1 apply where they differ from those listed in Article VII.B of the Policy. For purposes of Track 1 specifically, the following definitions apply:

1. Bias and Conflict of Interest means that whether bias exists against Complainants or Respondents generally or against individual Complainants or Respondents, requires examination of the particular facts of a situation. In determining whether bias exists, the following should be considered:
   1. an objective (whether a reasonable person would believe bias exists), common sense approach to evaluating whether a particular person serving in a Title IX role is biased;
   2. an evaluation that does not apply generalizations that might unreasonably conclude that bias exists (for example, assuming that a declaration that one is a feminist, or survivor, means that they are biased against men, or that a male is incapable of being sensitive to women, or that prior work as a victim advocate, or as a defense attorney, renders the person biased for or against Complainants or Respondents); and
   3. whether the bias will impede the impartiality of the person being evaluated.
2. Complainant means an individual who is alleged to have been subjected to conduct that could constitute Sexual Harassment as defined under Article VII.C of the Policy.
3. Directly Related means anything that is not incidental to a matter at issue.
4. Education Program or Activity includes all the operations of the CSU as well as locations, events, or circumstances over which the CSU exercised substantial control over the Respondent (Student, Employee, or Third Party) and the context in which the Sexual Harassment occurs. Education Program or Activity also includes any building owned or controlled by the CSU or a student organization that is officially recognized by the CSU.
5. Formal Complaint means a document or electronic submission filed by a Complainant that contains the Complainant’s physical or digital signature or a document signed by the Title IX Coordinator alleging Sexual Harassment against a Respondent and requesting an investigation of the allegation of Sexual Harassment. At the time that the Formal Complaint is filed, a Complainant must be participating in or attempting to participate in an Education Program or Activity of the CSU.
6. Relevant means having significant and demonstrable bearing on the matter at hand.
7. Remedies are individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant at the conclusion of the Formal Complaint process where the Respondent has been found responsible.
   Remedies may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escorts, restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures.
   The Title IX Coordinator is responsible for coordinating the effective implementation of Remedies.
8. Respondent means an individual who has been alleged to be a perpetrator of conduct that could constitute Sexual Harassment as defined under Article VII.C of the Policy.
9. Simultaneously means at approximately the same time.
10. Supportive Measures are individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or Respondent regardless of whether a Formal Complaint is filed. Supportive Measures are designed to restore or preserve equal access to CSU Education Programs or Activities without unreasonably burdening the other Party, including to protect the safety of all Parties or the educational environment.
    Supportive Measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escorts, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures.
    The Title IX Coordinator is responsible for coordinating the effective implementation of Supportive Measures. Supportive Measures will remain confidential except when it is not possible to maintain confidentiality in order to provide the Supportive Measures.

Article III. Response to Report of Sexual Harassment

1. Response to a Report of Sexual Harassment
   After receiving a report of Sexual Harassment, the Title IX Coordinator will contact the Complainant promptly to discuss the availability of Supportive Measures. This outreach to the Complainant will include the following:
   1. A statement that the campus has received a report of Sexual Harassment as defined under Article VII.C of the Policy.
   2. A description of the role of the Title IX Coordinator.
   3. Information regarding counseling and other support resources.
   4. A statement regarding the importance of preserving evidence.
   5. A statement that the Complainant may, but is not required to, report to law enforcement any allegations that could constitute criminal behavior.
   6. A request for the Complainant to meet with the Title IX Coordinator, or other designated employee, to discuss the Complainant’s options and next steps.
   7. A statement that the Complainant can be accompanied by an Advisor of their choice during any meeting relating to the report and any subsequent Complaint process.
   8. Information regarding potential Supportive Measures, where applicable.
   9. A brief summary of the investigation procedures.
   10. An explanation of how the campus responds to reports of Policy violations and a description of potential disciplinary consequences.
   11. A statement that retaliation for making a Complaint or participating in a Complaint process is prohibited by the Policy.
2. Written Information Regarding Rights and Options for Complainants Reporting Sexual Assault, Dating Violence, Domestic Violence, or Stalking Along with the information provided in the outreach communication, the Title IX Coordinator will provide Complainants alleging Sexual Assault, Dating Violence, Domestic Violence or Stalking, with the information in Attachment D to the CSU Policy Prohibiting Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation - Rights and Options for Victims of Sexual Misconduct/Sexual Assault, Sexual Exploitation, Dating And Domestic Violence, And Stalking.
3. Response to a Formal Complaint In response to a Formal Complaint, the process described in this Track will be followed. In the absence of a Formal Complaint, the Title IX Coordinator will provide appropriate Supportive Measures as described above. A Formal Complaint must be investigated even if the Complainant does not know the Respondent’s identity.
   The Title IX Coordinator will conduct an intake meeting with any Complainant who responds to outreach communication, or otherwise makes a report of a potential Policy violation to discuss the Complainant’s options, explain the process, and provide information about Supportive Measures. During the discussion, the Title IX Coordinator will consider the Complainant’s wishes with respect to Supportive Measures, inform the Complainant of the availability of Supportive Measures with or without the filing of a Formal Complaint, and explain the process for filing a Formal Complaint.
4. Reasonable Accommodations Any person with a Disability who seeks reasonable accommodations to participate in the Formal Complaint submission or investigation process will be referred to the appropriate campus administrator (for Students, the services for students with disabilities administrator, and for Employees the appropriate human resources administrator) who may consult with the Title IX Coordinator to determine the reasonableness of a requested accommodation.
5. Neutrality of Process The Title IX Coordinator will make reasonable efforts to ensure that anyone involved in conducting investigations, finding facts, and making disciplinary decisions in a matter will be impartial, neutral, and free from actual Conflicts of Interest. A Conflict of Interest exists if a person has a personal relationship with one of the Parties or witnesses, has a reporting employment relationship with a Party, or has demonstrated actual bias towards a Party or witness or towards Complainants or Respondents in general. Any party who seeks to disqualify the Title IX Coordinator due to bias or a Conflict of Interest will direct their request to the Chancellor’s Office Appeals Unit at eo-wbappeals@calstate.edu. Requests for disqualification shall be supported by evidence that the Bias or Conflict of Interest prevents the Title IX Coordinator from fairly performing their duties. Mere belief or opinion does not constitute evidence.
6. Emergency Removal A Student Respondent may be removed from an Education Program or Activity on an emergency basis before an investigation concludes or where no investigation or hearing is pending. Prior to the removal, an individualized safety and risk analysis will be conducted.
   The removal is referred to as an “Emergency Removal,” and has the effects of an Interim Suspension, as set forth in CSU Executive Order 1098, Article VI, including that during the period of the Emergency Removal, the Student may not, without prior written permission from the Campus president or designee, enter any campus of the California State University other than to attend a hearing.
   As with Interim Suspensions, as set forth in CSU Executive Order 1098, Article VI, the president or vice president designee, in consultation with the Title IX Coordinator, will determine whether there is an immediate threat to the physical health or safety of any Student or other individual arising from the allegations of Sexual Harassment to warrant Emergency Removal. An assessment that the Respondent poses a threat of obstructing the Sexual Harassment investigation or destroying Relevant evidence does not justify Emergency Removal.
   Where a determination is made that justifies Emergency Removal, the Respondent will be provided with notice and given an opportunity to challenge the decision immediately following the removal, in accordance with the procedures set forth in CSU Executive Order 1098, Article VI, including the right to a hearing within 10 Working Days of a request by the Respondent for such a hearing, to determine if there is an immediate threat to the physical health or safety of a Student or other individual arising from the allegations of Sexual Harassment. The hearing will be conducted under CSU Executive Order 1098, Article III.D, and not this Track as it to relates to hearings.
   If it is determined that the alleged conduct does not arise from the Sexual Harassment allegation/s, the campus may address a Student Respondent’s alleged conduct under the Student Conduct Code.
7. Administrative Leave (Temporary Suspension) A campus may place a non-student Employee on Administrative Leave (sometimes referred to as Temporary Suspension) in accordance with applicable Collective Bargaining Agreements or CSU policies while the Formal Complaint process is pending.

Article IV. Dismissal/Referral of a Formal Complaint

When the Title IX Coordinator receives a Formal Complaint, or where new information or events arise, the Title IX Coordinator will assess whether the Formal Complaint meets the requirements of the Federal Regulations to move forward under the process in this Track. A determination that allegations in a Formal Complaint do not meet the requirements of the Federal Regulations will result in a dismissal of the allegations in the Formal Complaint that do not meet the requirements and, in some cases, a referral of the allegations to another process as the campus may have an obligation to address the matter under other laws and policies. The Federal Regulations require two types of dismissals: mandatory and discretionary.

1. Mandatory Dismissal/Referral
   The Title IX Coordinator will determine whether allegations in a Formal Complaint must be dismissed for purposes of the Federal Regulations.
   If a Formal Complaint is dismissed it may still be referred, if appropriate, to be addressed under the processes in Track 2 or Track 3 of the Procedures for Complaints of Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation Made Against a Student, the Track 3 Procedures for Complaints of Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation Made Against an Employee or Third-Party, Executive Order 1098, or other applicable policies.
   Under the Federal Regulations, a Formal Complaint will be dismissed as to any conduct alleged that:
   1. Would not meet the definition of Sexual Harassment as defined under Article VII.C of the Policy even if proved.
   2. Did not occur in an Education Program or Activity.
   3. Did not occur in the United States.
2. Discretionary Dismissal
   At any time during the process, it is within the discretion of the Title IX Coordinator to dismiss a Formal Complaint, or any conduct alleged within a Formal Complaint, where:
   1. A Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the Formal Complaint or any part of it;
   2. The Respondent is no longer a Student or Employee; or
   3. If the specific circumstances prevent the campus from gathering evidence sufficient to reach a determination as to the Formal Complaint or allegations therein.
3. Notice Requirement
   Written notice of a mandatory or discretionary dismissal and reason(s) for the dismissal will be sent Simultaneously to the Parties when a Title IX Coordinator dismisses a Formal Complaint. The notice will inform the Parties of their right to appeal the dismissal, whether the matter will be referred to another process, and the process for submitting an appeal. This notice may be accompanied by a notice of allegations, as described in Article VI. below, where a notice of allegations has not already been provided.
4. Appeal after Mandatory or Discretionary Dismissal
   Either Party may appeal from a dismissal of a Formal Complaint or any part of the Complaint. The appeal must be filed within 10 Working Days from the date of the notice of dismissal. The appeal will be in writing and will be based only on one or more of the following grounds:
   1. A procedural irregularity occurred that affected the dismissal of the Formal Complaint.
   2. New evidence that was not reasonably available at the time the dismissal decision was made that could affect the decision to dismiss the Formal Complaint.
   3. The Title IX Coordinator (or designee) who dismissed the Formal Complaint, had a Conflict of Interest or Bias for or against the Complainant or Respondent in this case or Complainants or Respondents in general that affected the outcome of the matter.

Appeals will be filed with the Chancellor’s Office (CO) and will be addressed to:

Systemwide Title IX Unit
Systemwide Human Resources
Office of the Chancellor
TIX-Dismissal-Appeals@calstate.edu

If a Party is unable to file an appeal or a response to an appeal electronically, they should contact the campus Title IX Office for assistance.

When an appeal is submitted, the other Party as well as the campus Title IX Coordinator will be notified in writing. In response to the appeal, the other Party will be given 5 Working Days from their receipt of notice of the appeal to submit a written statement in support of or challenging the dismissal. Within 10 Working Days of the CO’s receipt of the appeal, the Parties will Simultaneously receive (via email) a written decision with explanation.

The CO review will not involve a new assessment of the dismissal/referral or consideration of evidence that was not introduced during the campus review, unless the new evidence was not reasonably available at the time of the campus review.

If the CO review determines that the dismissal/referral should be reviewed to cure any defects, the matter will be remanded back to the campus to reassess within a timeframe specified by the CO. The Parties will be informed Simultaneously of the review and the timeframe. Once the review is complete the campus will provide the Parties and the CO with either a notice of dismissal/referral or notice of allegations, depending on the outcome, that reflects any changes to the determination. The notice will inform the Parties of their right to appeal, and the CO will contact the appealing Party to determine whether that Party wishes to continue with the appeal.

The CO appeal response is final and concludes the dismissal/referral process under Track 1. If there is a mandatory dismissal of a Formal Complaint, it does not preclude the campus from later identifying a relevant policy or policies that address the alleged conduct, notifying the Parties of the policy or policies, and moving forward under the procedures of those policies.

Article V. Consolidation of Formal Complaints

Where Parties assert Formal Complaints against each other, and they arise out of the same events or circumstances, the Title IX Coordinator may consolidate the Formal Complaints into one.

Article VI. Notice of Allegations

When the Title IX Coordinator receives a Formal Complaint, the Title IX Coordinator will Simultaneously provide both Parties a written notice of allegations.

The notice of allegations will be provided to both Parties regardless of whether the Formal Complaint must be dismissed under Article IV. If a Formal Complaint is dismissed at this stage of the process, the notice of allegations will also include the notice of dismissal and appeal rights.

The notice of allegations will include:

1. A copy of, or web link to, the relevant procedures, including this Track.
2. The identities of the Parties involved in the incident, if known.
3. A summary of the Formal Complaint (e.g., “who,” “what,” “when,” and “where”).
4. Reference to the specific definition of Sexual Harassment under Article VII.C of the Policy that is implicated in the Formal Complaint.
5. A statement that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the Formal Complaint process.
6. A description of the Formal Complaint process (including the right to hearing and appeal).
7. Information about the Parties’ right to an Advisor (as defined below), and that an Advisor may be, but is not required to be, an attorney.
8. A statement that if a Party has an Advisor (as defined below), a copy of evidence and a subsequent final investigation report will be Simultaneously sent to both the Party and their Advisor unless the Party notifies the Investigator or Title IX Coordinator in writing that they do not wish this information to be sent to their Advisor.
9. A statement that reads as follows: “A Complainant shall proceed with a Formal Complaint in good faith and a Complainant who knowingly and intentionally files a false Formal Complaint or any individual who is determined to have provided false statements or information during the investigation/appeal review shall be subject to discipline in accordance with the Student Conduct Code, applicable collective bargaining agreements, CSU policies, or legal requirements (e.g., Education Code Section 89530 et seq.). Likewise, the Respondent and witnesses are required to cooperate with the investigation including being forthright and honest during the process. The mere fact that two individuals have different recollections, and one is later found to be more credible does not make the other person’s statement false. Disciplinary action against an individual for knowingly filing a false Formal Complaint or for providing a knowingly false statement will not be deemed to be Retaliation”.
10. An explanation that the Complainant and Respondent will have equal opportunities to present Relevant witnesses and inculpatory and exculpatory evidence in connection with the investigation and at any hearing.
11. A statement that the Parties may identify specific documents and information that they believe are Relevant and request that the Investigator attempt to collect such documents and other information that are not reasonably accessible to the requesting Party.
12. The estimated timeline for completion of the investigation.
13. A statement that upon request, the Complainant and Respondent will be advised of the status of the investigation.
14. A description of the University’s policy against Retaliation, as defined under Article VII.A of the Policy.

If new allegations are raised during the investigation that were not included in the notice of allegations, a revised notice of allegations will be issued Simultaneously to the Parties.

If the notice of allegations also serves as notice of a Respondent’s expected attendance at an interview, it will include details of the date, time, location, participants, and purpose of that interview. The notice of allegations must be provided to a Respondent at least 5 Working Days prior to the interview.

If a Respondent requests to meet sooner than 5 Working Days after receipt of the notice of allegations, they should verbally confirm at the start of the meeting that they are aware that they were provided notice of at least 5 Working Days and this confirmation should be documented by the Title IX Coordinator or Investigator.

Article VII. Informal Resolution

At any time prior to the issuance of the Hearing Officer’s Report, if the Title IX Coordinator or either Party believes that it may be possible to resolve the Formal Complaint in a prompt, fair, and reasonable manner without a hearing, the Parties may consider an Informal Resolution that does not involve a full investigation and adjudication, subject to the following:

1. Informal Resolution under Track 1 may only be offered where a Formal Complaint has been filed.
2. The campus cannot offer or facilitate Informal Resolution under Track 1 to resolve allegations that an Employee sexually harassed a Student.
3. The campus must obtain the Parties’ voluntary, written consent before starting the Informal Resolution process.

Once the Title IX Coordinator determines that Informal Resolution is appropriate, the Parties should Simultaneously be provided written notice regarding Informal Resolution that includes the following:

1. The allegations of Sexual Harassment, as defined under Article VII.C of the Policy.
2. The requirements of the Informal Resolution process including that once the Informal Resolution process is finalized neither Party is permitted to file another Formal Complaint arising from the same allegations.
3. An explanation that at any time prior to agreeing to a resolution, any Party has the right to withdraw from the Informal Resolution process and resume the Formal Complaint process.
4. An explanation of any consequences resulting from participating in the Informal Resolution process, including the records that will be maintained or could be shared.
5. The Parties’ right to consult with an Advisor, if any.

The Title IX Coordinator will oversee the Informal Resolution process and make the final determination on all Informal Resolutions facilitated by the Title IX Coordinator or designee regarding whether the terms agreed to by the Parties are appropriate in light of all of the circumstances of the Formal Complaint.

The Informal Resolution process will be completed prior to any determination of responsibility being made, but no later than 60 Working Days after both Parties provide voluntary, written consent to participate in the Informal Resolution process.

The campus may not require the Parties to participate in an Informal Resolution process under Track 1, nor may a Party be required to waive their right to the investigation and adjudication of a Formal Complaint as a condition of enrollment or employment, or continuing enrollment or employment.

The terms of any Informal Resolution must be put in writing and signed by the Parties, and the Title IX Coordinator. Prior to signing the Informal Resolution, the Title IX Coordinator will consult with the student conduct administrator and/or other appropriate campus administrator responsible for the implementation of the terms. Use of electronic signatures is permitted.

Any agreed-upon Remedies and disciplinary sanctions will have the force and effect of sanctions imposed following a hearing.

The resolution will be final and not appealable by either Party.

Article VIII. Investigation of a Formal Complaint

The Title IX Coordinator will either promptly investigate the Formal Complaint or assign this task to another Investigator. If assigned to another Investigator, the Title IX Coordinator will monitor, supervise, and oversee all such delegated tasks, including reviewing all investigation draft reports before they are final to ensure that the investigation is sufficient, appropriate, impartial, and in compliance with this Track.

1. Gathering of Evidence
   The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rests on the campus and not on the Parties. The investigator will take reasonable steps to gather all relevant evidence from the Parties, other witnesses, or other sources. The investigator will document the steps taken to gather evidence, even when those efforts are not successful.
   
   Parties should be aware that all evidence Directly Related to the investigation will be provided to the other Party, subject to the exceptions described below.
   
   The campus cannot access, consider, disclose, or otherwise use a Party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the Party, unless the campus obtains that Party’s voluntary, written consent to do so for a Formal Complaint process under this Track.
   
   The campus will not restrict the ability of either Party to discuss the allegations under investigation or to gather and present Relevant evidence (for example, contacting a potential witness).
    
2. Advisors
   The Complainant and the Respondent may each elect to be accompanied by an Advisor to any meeting, interview, or proceeding regarding the allegations that are the subject of a Formal Complaint. The advisor may be anyone, including a union representative from the Complainant’s or Respondent’s collective bargaining unit, an attorney, or, in the case of the Complainant, a Sexual Assault Victim’s Advocate.
   
   The Advisor may not answer questions regarding the subject matter of the investigation for the Complainant or the Respondent or speak on behalf of a Complainant or Respondent. However, the Advisor may observe and consult with the Complainant or Respondent.
   Hearing Advisors
   
   The Complainant and Respondent must have a hearing advisor at the hearing. A hearing advisor will be responsible for asking the other Party and any witnesses all Relevant questions and follow-up questions, including those that challenge credibility, during the hearing. During a hearing, Parties may not ask questions of the other Party or any witnesses. Questioning at the live hearing will be conducted directly, orally, and in real time by the Party’s hearing advisor of choice or a hearing advisor provided by the campus if the Party does not have a hearing advisor.
   The hearing advisor may be the same person as the advisor. A Party may have both an Advisor and a hearing advisor present at a hearing. If a Party does not have a hearing advisor to perform questioning during the hearing, the campus shall provide the Party with a hearing advisor for this purpose.
   
   Advisors Generally
   The Title IX Coordinator or Investigator will explain to the Complainant and Respondent that they may request that their advisor, if any, be copied on communications during the Formal Complaint process. Any such request will be in writing to the Title IX Coordinator or Investigator and should include the Advisor’s name and contact information.
   
   The Title IX Coordinator or Investigator will also explain that Advisors will receive a copy of the evidence and Final Investigation Report, unless the Party specifically directs in writing that this information should not be sent to their Advisor.
   
   Although reasonable efforts will be made to accommodate hearing advisors and Advisors, undue delays affecting the complaint resolution timeline will not be permitted. Disruptive, abusive, or disrespectful behavior also will not be tolerated. At the discretion of the investigator or Title IX Coordinator during meetings or interviews and of the hearing officer during hearings, a hearing advisor or Advisor who engages in disruptive, abusive, or disrespectful behavior will not be permitted to participate. If a hearing advisor is excused during a hearing, the campus will either provide a Party with another hearing advisor or allow the Party to obtain another hearing advisor. It is within the hearing officer’s discretion to proceed with or postpone the hearing in order to address the situation.
    
3. Notice of Meetings, Interviews and Hearings
   Parties will be provided written notice of the date, time, location, names of participants, and purpose of all meetings and investigative interviews at which their participation is expected. This written notice should be provided with at least 3 Working Days for the Party to prepare to participate in the meeting or interview. This requirement will not apply where a Party themselves requests to meet with the Title IX Coordinator or Investigator or as addressed in Article VI of this Track.
   
   If a Party requests to meet with the Title IX Coordinator sooner than 3 Working Days after receipt of written notice of an investigative interview or meeting, they should verbally confirm at the start of the interview or meeting that they are aware that they were provided notice of at least 3 Working Days and this confirmation should be documented by the Title IX Coordinator or Investigator.
    
4. Review of Evidence
   Before issuing a final investigation report, the investigator will send to the Complainant and Respondent, and their respective advisors, if any, all evidence (including evidence upon which the campus does not intend to rely) obtained as part of the investigation that is Directly Related to the allegations raised in the Formal Complaint (preliminary investigation report). This includes inculpatory or exculpatory evidence whether obtained from a Party or other source, redacted if required by law.
   
   The requirement to provide all Directly Related evidence does not include illegally obtained evidence (e.g., conversations recorded without the consent of the participants). Neither the preliminary nor final investigation report will include information protected by a legally recognized privilege, the Complainant’s sexual history, or a Party’s treatment records if the Party has not given voluntary, written consent to the disclosure of those treatment records.
   
   The preliminary investigation report will: (a) describe the allegations; (b) identify the material facts-undisputed and disputed-with explanations as to why any material fact is disputed; and (c) describe the evidence presented and considered. Where not contained within the preliminary investigation report itself, evidence should be attached to the preliminary investigation report as exhibits.
   
   The preliminary investigation report and any exhibits must be sent in electronic format (which may include use of a file sharing platform that restricts the Parties and any advisors from downloading or copying the evidence) or hard copy. The Investigator may use discretion in determining how to send the preliminary investigation report to the Parties and their advisors, if any, in light of the particular circumstances and any Party or witness privacy concerns.
   
   This process is collectively referred to as the “review of evidence.”
   
   Each Party will be given a minimum of 10 Working Days for the initial review of evidence to respond to the list of disputed facts and evidence and submit additional questions for the other Party and witnesses. This timeframe may be extended at the discretion of the Title IX Coordinator (either on their own or in response to a Party’s request). The extension must be made available to both Parties, who must be notified as such. During the review of evidence, each Party may:
   1. Meet again with the investigator to further discuss the allegations.
   2. Identify additional disputed facts.
   3. Respond to the evidence in writing.
   4. Request that the investigator ask additional specific questions to the other Party and other witnesses.
   5. Identify additional relevant witnesses.
   6. Request that the investigator gather additional evidence.
      The investigator will share with the Parties the answers to questions posed during the review of evidence. If additional disputed material facts are identified or evidence is gathered, it will be included in the preliminary investigation report (or in a separate addendum) and shared with all Parties, who will be given a reasonable opportunity to respond to the new evidence and submit additional questions to the other Party and other witnesses about the new evidence only. The investigator determines when it is appropriate to conclude the review of evidence.
5. Final Investigation Report
   
   After the review of evidence phase is concluded, the Parties will receive a final investigation report that will summarize all Relevant evidence (inculpatory and exculpatory), including additional Relevant evidence received during the review of evidence. Any Relevant documentary or other tangible evidence provided by the Parties or witnesses, or otherwise gathered by the Investigator will be attached to the final investigation report as exhibits.
   
   As part of an Informal Resolution, at the request of both Parties, campuses will provide a written preliminary assessment of the evidence by the Title IX Coordinator. Neither the fact nor the substance of the assessment will be shared with the hearing officer or considered Relevant at the hearing.
   
   The final investigation report shall be sent to the Parties and their respective advisors, if any, in electronic format (which may include use of a file sharing platform that restricts the Parties and any Advisors from downloading or copying the evidence) or hard copy. The Parties and their advisors will be provided 10 Working Days to review and provide a written response to the final investigation report. Campuses will inform Parties not to include any reference to the preliminary assessment and that any such references will be redacted.
   
   The written response will be attached to the final investigation report and provided to the hearing officer, if appropriate, and the Parties. Any references to a preliminary assessment, assuming one was requested, will be redacted from this written response. No documentation should be provided to the hearing officer if an Informal Resolution is reached.
    
6. Timeframe for Completion of Investigation
   Absent a determination of good cause made by the investigator or Title IX Coordinator (of which the Parties will receive written notice): (i) the investigation should be concluded within 100 Working Days from the date that the notice of allegations is provided to the Parties; and (ii) the final investigation report should be completed and provided to the Parties within 10 Working Days after the review of evidence has concluded. Extensions may be granted for good cause as determined by the Title IX Coordinator. The Parties will receive written notice from the Title IX Coordinator or designee if an extension is necessary and why. The notice will indicate if the extension alters the timeframes for the major stages of the Formal Complaint process.
   
   Within 10 Working Days after the Parties have been provided the final investigation report, the Parties will be informed of the timelines that will apply to the pre-hearing and hearing processes described in Article IX below. The Parties will be required to provide the name and contact information for their hearing advisor within 5 Working Days after notice of the hearing timeline.

Article IX. Hearing

1. A hearing coordinator, (either the student conduct administrator, Title IX Coordinator, or other appropriate administrator) will be responsible for coordinating the hearing process. The hearing coordinator’s duties will include: scheduling the hearing; notifying witnesses of the hearing; ensuring that the hearing officer is provided with appropriate materials including a copy of the report and any exhibits; coordinating videoconferencing (if necessary); and securing a location for the hearing. The hearing coordinator will also act as liaison between the Parties and the hearing officer on procedural matters.
    
2. The Parties will be given written notice of the date, time, location, participants, and purpose of the hearing, as well as the identity of the hearing officer. Notification of the hearing will be sent to the designated CSU campus email address, unless the recipient has specifically requested in writing to the hearing coordinator that notice be given to a different email address. Communications from the hearing coordinator will be deemed received on the date sent. The hearing will not be set sooner than 20 Working Days after the date of notice of hearing.
    
3. Timelines:
   Objection to Hearing Officer
   Any objections to an appointed hearing officer must be made in writing to the hearing Coordinator within 5 Working Days after notice of the identity of the hearing officer has been communicated to the Parties.
   
   The objection may only be based on an actual Conflict of Interest. A Conflict of Interest exists if the hearing officer has a personal relationship with one of the Parties or witnesses or has demonstrated actual bias towards a Party or witness.
   
   The fact that a hearing officer has previously served as a hearing officer in a campus proceedings will not constitute a Conflict of Interest. The hearing coordinator will determine if a Conflict of Interest exists. In that event, the Parties will be notified in writing of the name of the new hearing officer. The date for the hearing may need to be rescheduled. Any objection to the new hearing officer will be made in accordance with this section.
   
   Pre-Hearing Process
   
   No later than 15 Working Days before the hearing, each Party may:
   
   a. Provide to the hearing coordinator a proposed witness list that includes the names of, and current contact information for, that Party’s proposed witnesses as well as an explanation of the relevance of each proposed witness’s testimony and the disputed issue to which the witness’s testimony relates. The hearing officer may also identify witnesses from the final investigation report.
   
   No later than 10 Working Days before the hearing, the hearing coordinator will:
   
   a. Share a final witness list with the Parties;
   b. Notify each witness of the date, time, and location of the hearing. Witnesses will be directed to attend the hearing and to promptly direct any questions or concerns about their attendance at the hearing to the hearing coordinator.
   
   No later than 5 Working Days prior to the hearing, the Parties may submit a list of proposed questions to the hearing coordinator. The questions will be provided to the hearing officer. Parties are strongly encouraged to provide questions in advance of the hearing in order to streamline the hearing process and provide the hearing officer an opportunity to resolve relevancy concerns prior to the hearing. The proposed questions will not be shared with the other Party.
   
   The hearing officer will make all determinations regarding pre-hearing matters, including which witnesses have Relevant testimony and will participate and which questions, if submitted, are Relevant and will promptly notify the hearing coordinator who, in turn, will promptly notify the Parties.
   
   The hearing is closed to all persons except the Parties; the Parties’ respective hearing advisors; one Advisor for each Party; appropriate witnesses while they are testifying; the student conduct administrator or human resources officer; Title IX Coordinator; Title IX Investigator; hearing officer; hearing coordinator; and any person necessary to create a formal record of the proceeding (including a technological support, videographer, or similar role.) A CSU administrator may also be present but will not participate in the hearing. Campus police or a security officer may also be present if deemed appropriate or necessary by the appropriate campus administrator, hearing coordinator, or hearing officer.
    
4. The campus will direct witnesses who are CSU Employees to attend the hearing. Any Employees, including those in bargaining units, who fail to comply with any such directive may be subject to discipline under the applicable provisions of their collective bargaining agreement or other CSU policy. The campus will take reasonable steps to arrange for Employee witnesses to be available to attend, provided that such Employee witnesses are timely identified to the hearing coordinator in accordance with this Track.
    
5. The campus will direct Student witnesses to attend the hearing, provided that such Student witnesses are timely identified to the hearing coordinator in accordance with this Track. Students who fail to comply may be subject to discipline, depending on the circumstances. The campus will take reasonable steps to accommodate Student witnesses including arranging for them to be excused from class attendance, if necessary.
    
6. The campus will make all evidence provided during the investigation, including during review of evidence available at any hearing to give each Party and the hearing officer the opportunity to refer to such evidence during the hearing. This includes evidence upon which the campus does not intend to rely in reaching a determination regarding the Respondent’s responsibility.
   
   Hearing Process
7. Live hearings will be conducted using videoconferencing technology unless circumstances are such that videoconferencing would not be appropriate. Neither Party will be required to be physically present in the same room as the hearing officer, each other, or witnesses. The campus will utilize technology that ensures that Parties will be able to Simultaneously see and hear all of the proceedings and testimony.
    
8. The hearing will begin with an overview of the hearing process given by the hearing officer, after which the Parties will be given an opportunity to ask questions about the hearing process. Each Party will be given an opportunity to make an opening statement that may not last longer than 10 minutes. Only the Parties themselves will be permitted to make opening statements. The hearing advisor and any advisor are not permitted to make the opening statement. The advisor may not speak during the hearing. Closing arguments will not be made.
    
9. Each Party is required to have a hearing advisor for purposes of questioning the other Party and witnesses during the hearing. If a Party does not have a hearing advisor prior to the hearing or at the start of the hearing, one will be provided to that Party for the purposes of asking the other Party and any witnesses all Relevant questions and follow-up questions, including those questions challenging credibility. If a Party’s hearing advisor does not appear or is excused for conduct that causes a material disruption, a hearing advisor will be provided. In either case, the hearing officer has discretion to proceed with or postpone the hearing.
   
   Questioning
   
   Generally, the hearing officer will start the questioning of witnesses and Parties. The Investigator or the Title IX Coordinator (if not the Investigator) will be the first witness and will describe the Formal Complaint, investigation process, and summarize the evidence. Hearing advisors will be permitted to ask Relevant questions once the hearing officer has concluded their questioning of the other Party and each witness.
    
10. The hearing officer may ask questions of any Party or witness who participates in the hearing.
    1. The Complainant and Respondent may be present (physically or virtually) at all times during the hearing.
    2. Parties themselves may not directly ask questions of each other and witnesses.
    3. Each Party’s hearing advisor is permitted to ask all Relevant questions of the other Party, the Investigator, and any witnesses, and is also permitted to ask follow-up questions, including those questions challenging credibility. A Party may not be directly questioned by their own hearing advisor. The hearing officer controls the hearing and determines whether a question is Relevant.
    4. A question is not considered Relevant if it relates to the Complainant’s sexual predisposition or prior sexual behavior, unless such question about the Complainant’s prior sexual behavior is offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the question concerns specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and is asked to prove consent.
    5. Even if a question relates to a Relevant subject or issue, the hearing officer may determine that the Party or witness being asked the question is not required to answer if the question is repetitive or duplicative of prior questions.
    6. The hearing officer has the discretion to request information from the Parties or hearing advisors regarding questions prior to making a determination about the relevancy of the question. Neither the Parties nor hearing advisors may assert objections to questions.
    7. Immediately after each question is asked by the hearing advisor, and before the question is answered, the hearing officer will indicate whether the question is Relevant, and if it is not, provide an explanation as to why the question is excluded as not Relevant. A Complainant, Respondent, or witness will only answer questions posed by a hearing advisor that the hearing officer determines are Relevant.
    8. In addition to the relevance requirement, all questions must be asked in a respectful, non-abusive manner. The hearing officer determines whether a question satisfies this requirement and may require that the hearing advisor rephrase a relevant question or repeat the question in a respectful manner when the hearing officer determines that the question was asked in a disrespectful or abusive manner.
    9. Abusive or otherwise disorderly behavior that causes a material disruption will not be tolerated. The hearing officer may excuse from the hearing anyone (including either Party or their hearing advisor) whose behavior causes a material disruption. Should a hearing advisor be removed from a proceeding, the campus will provide a hearing advisor. The hearing officer, in their discretion, may postpone the hearing. In making a determination whether to postpone the hearing, the hearing officer will consider the equity of postponement as to both Parties.
11. Formal rules of evidence applied in courtroom proceedings (e.g., California Evidence Code) do not apply in the hearing. All Relevant information is considered.
     
12. Hearsay may be considered but will only be given the weight appropriate under all of the circumstances, with due consideration given to the importance of credibility assessment. Absent extenuating circumstances, the hearing officer will not rely on prior statements made by the Parties or witnesses during the investigation whose credibility is central to the determination unless those Parties or witnesses make themselves available for examination by the hearing officer.
    
    Other Procedural Matters
13. The hearing officer will not, prior to preparing the hearing officer’s report (described below), have substantive communications about the facts of the case with either Party or the investigator unless in the presence of both Parties and a campus official (e.g., hearing coordinator, Title IX Coordinator, or student conduct administrator).
     
14. The campus will make or arrange for an official audio recording of the hearing. The recording is campus property. No other recording of the hearing is permitted. The audio recording will be retained by the hearing coordinator or designee in accordance with the campus records/information retention and disposition schedule. Parties may request to inspect and review the recording.
     
15. Absent good cause, the Parties may not introduce evidence, including witness testimony, at the hearing that the Party did not identify during the investigation and that was available at the time of the investigation. The hearing officer has discretion to accept or exclude new evidence offered at the hearing.
     
16. If either Party fails to appear at the hearing without good cause the hearing will nevertheless proceed. Whether good cause exists is determined by the hearing officer. If a Party fails to appear at the hearing, the rearing advisor for the non-appearing Party will question the other Party.
     
17. The hearing officer controls the hearing, is responsible for maintaining order during the hearing, and makes whatever rulings are necessary to ensure a fair hearing. The hearing officer’s decisions in this regard are final.

Article X. Determination Regarding Responsibility

After the hearing, the hearing officer will make written findings of fact and conclusions about whether the Respondent violated the Policy with respect to the definition of Sexual Harassment under Article VII.C of the Policy (hearing officer’s report).

The standard of proof the hearing officer will use is whether each allegation is substantiated by a Preponderance of the Evidence. The Title IX Coordinator will review the hearing officer’s report to ensure procedural compliance with this Track.

The hearing coordinator will Simultaneously send the hearing officer’s report promptly to the Parties, the Title IX Coordinator, and the appropriate campus administrator, usually within 15 Working Days of the close of the hearing.

The hearing officer’s report must include:

1. Identification of the allegations potentially constituting Sexual Harassment as defined under in Article VII.C of the Policy - this should include the factual allegations and the corresponding alleged Policy violations.
2. The Preponderance of the Evidence standard.
3. A description of the procedural steps taken from the receipt of the Formal Complaint through the determination incorporated by reference to the Final Investigation Report, including any notifications to the Parties, interviews with Parties and witnesses, site visits, methods used to gather other evidence, and hearings held.
4. The factual findings and the evidence on which the factual findings are based.
5. A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility.
6. An explanation as to how the determination concerning the relative credibility or lack of credibility of the Parties or witnesses was reached.
7. Conclusions regarding the application of the policy violations defined under Article VII.C of the Policy to the facts, including a determination of whether the Policy was violated and an analysis of the basis for that determination.
8. A summary of the procedural issues raised by the Parties during the pre-hearing or hearing processes.
9. A list of all questions proposed by the Parties at the hearing, and if any questions were not asked, why.
10. A statement as to whether Remedies designed to restore or preserve equal access to the campus’s education program or activity will be provided by the campus to the Complainant.

If no violation of the Policy is found, the president (or designee) will be notified along with the Parties. The notification will include the outcome of the hearing, a copy of the hearing officer’s report (redacted as appropriate or as otherwise required by law) and notice of the Complainant’s and Respondent’s right to appeal to the Chancellor’s Office.

If a violation of the Policy is found, within 5 Working Days of receiving such finding the Parties may submit to the hearing coordinator an impact statement or other statement regarding discipline that is no more than 2000 words in length. The document is an opportunity for the Parties to suggest disciplinary outcomes and to provide information that they believe is important for the hearing officer to consider. The student conduct administrator and/or appropriate campus administrator responsible for discipline and Title IX Coordinator may also submit a written statement regarding aggravating and mitigating factors that provides a recommendation regarding the disciplinary outcome, including information regarding prior disciplinary outcomes for similar conduct and whether the Respondent was previously found to have violated university policy.

Discipline means any disciplinary action taken to correct a violation of the Policy, as follows:

1. Discipline for Employees includes, but is not limited to, suspension, demotion, and termination of employment.
2. Discipline for Students includes, but is not limited to, probation, suspension and expulsion and other Sanctions as defined in Article V, Executive Order 1098.

Within 5 Working Days after receiving and considering any impact or other statements submitted by the Parties and other statements described above, the hearing officer will submit the hearing officer’s report to the president (or designee). The hearing officer’s report will be amended to include a statement of, and rationale for, any recommended disciplinary sanctions to be imposed on the Respondent (“final hearing officer’s report”). The final hearing officer’s report will attach the final investigation report.

In cases where the hearing officer has found a violation of the Policy, the president (or designee) will review the final investigation report and the final hearing officer’s report and issue a decision (“decision letter”) concerning the appropriate sanction or discipline within 10 Working Days of receipt of the final hearing officer’s report.

The president (or designee) may impose the recommended sanctions or discipline, adopt a different sanction or discipline or sanctions or discipline, or reject sanctions or disciplines altogether. If the president (or designee) adopts a sanction or discipline other than what is recommended by the hearing officer, the president (or designee) must set forth the reasons in the decision letter.

The president (or designee) will Simultaneously send the decision letter electronically to the Respondent and Complainant at the campus-assigned or other primary email address linked to their campus accounts. The decision letter will also be sent to the student conduct administrator or other appropriate campus administrator responsible for Employee discipline and the hearing officer.

The decision letter will include:

1. The outcome of the hearing, including any sanction imposed, and the name of the Respondent(s).
2. Information regarding the procedures and permissible bases for the Complainant and Respondent to appeal to the Chancellor’s Office.
3. If a finding of responsibility is made against the Respondent, a statement as to whether Remedies will be provided to the Complainant that are designed to restore or preserve equal access to the campus’s education program or activity. The specifics of any such Remedies may be discussed separately between the Complainant and the Title IX Coordinator and need not be included in the decision letter.
4. A copy of the final hearing officer’s report will be attached to the decision letter, redacted as appropriate or as otherwise required by law.

The president will also send the decision letter to the Title IX Coordinator so that they may determine whether any additional Remedies (or other supportive measure) will be provided or undertaken in order to maintain a safe and nondiscriminatory campus environment.

The determination regarding responsibility and any sanctions become final either on the date that the Chancellor’s Office provides the Parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely (11 Working Days after the date of the decision letter).

The Title IX Coordinator is responsible for effective implementation of any Remedies.

Article XI. Appeals

Filing an Appeal to the Chancellor’s Office

A written appeal may be submitted to the Chancellor’s Office no later than 10 Working Days after the date of the decision letter. All arguments and/or evidence supporting the appeal must be submitted by the deadline to file the appeal. Evidence/arguments submitted after the appeal submission deadline will not be considered by the Chancellor’s Office. A written appeal may not exceed 3,500 words, excluding exhibits. Appeals will be submitted to:

Equal Opportunity and Whistleblower Compliance Unit
Systemwide Human Resources
Office of the Chancellor
401 Golden Shore
Long Beach, California 90802
eo-wbappeals@calstate.edu

Electronic submission to the email address listed above is the preferred method of submitting appeals.

Bases for Appeal

An appeal will be based only on one or more of the appeal issues listed below:

1. There was no reasonable basis for the findings or conclusions that resulted in the investigation or hearing outcome.
2. Procedural errors occurred that would have likely changed the outcome of the hearing.
3. New evidence that was not reasonably available at the time of the hearing and would have likely affected the hearing officer’s decision about whether the Respondent violated the Policy.
4. The Title IX Coordinator, Investigator, or hearing officer had a Conflict of Interest or Bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter.
5. The sanction(s) imposed was objectively unreasonable, or arbitrary based on substantiated conduct.

Issues and Evidence on Appeal

The issues and evidence raised on appeal will be limited to those raised and identified during the hearing, unless new evidence that was not reasonably available at the time of the hearing and that could change the hearing outcome becomes available after the campus hearing was completed and is submitted by the appealing Party. The Chancellor’s Office may conduct an interview, at the Chancellor’s Office discretion, with the appealing Party to clarify the written appeal.

Appeal Review

1. Acknowledgement of Appeal
   The Chancellor’s Office will provide prompt written acknowledgement of the receipt of the appeal to the appealing Party, and will provide written notification of the appeal, including a copy of the appeal, to the non-appealing Party and the campus Title IX Coordinator/DHR Administrator. The notice will include the right of the non-appealing Party and the campus to provide a response to the appeal within 10 Working Days of the date of the notice. The appeal response will be limited to 3,500 words, excluding exhibits. Any response to the appeal received by the Chancellor’s Office will be provided to the appealing Party for informational purposes only.
    
2. Reasonable Accommodation
   The Chancellor’s Office will provide reasonable accommodation(s) to any Party or witness in the appeal process with a qualified Disability upon request by the person needing the accommodation. A reasonable accommodation may include an extension of time under these procedures. The timeframe for the Chancellor’s Office appeal response will automatically be adjusted for the time needed, if any, to provide reasonable accommodation(s).
    
3. Scope of Chancellor’s Office Review
   The Chancellor’s Office will not conduct a new investigation or hearing; however, the Chancellor’s Office may make reasonable inquiries to determine if the new evidence could have affected the hearing determination. On appeal, the Chancellor’s Office does not reweigh the evidence, re-decide conflicts in the evidence, or revisit determinations made by the hearing officer about the credibility or reliability of witnesses and the Parties.
    
4. Chancellor’s Office Appeal Response
   The Chancellor’s Office appeal response will include a summary of the issues raised on appeal, a summary of the evidence considered, the Preponderance of the Evidence standard, and the determination(s) reached regarding the issue(s) identified within the written appeal. A copy of the final Chancellor’s Office appeal response will be forwarded to the Complainant, the Respondent, and the Title IX Coordinator.
    
5. Reopening a Campus Investigation or Hearing
   If the Chancellor’s Office review determines that an issue raised on appeal would have affected the hearing outcome, the hearing will be remanded back to the campus and the hearing reopened at the campus level. The Chancellor’s Office will return the matter to the campus and will specify in writing the timeline by which a reopened hearing must be completed. The Chancellor’s Office will notify the Parties of the reopening of the hearing and the timeline for completion of the reopened hearing. The campus will complete the reopened hearing and provide the Chancellor’s Office with an amended hearing officer’s report. The campus will also provide the Parties with amended notices of hearing outcome, and such notices will provide the opportunity to appeal. Upon receipt of the amended hearing officer’s report, if the outcome remains unchanged, the Chancellor’s Office will contact the original appealing Party to determine whether that Party wishes to continue with the appeal. If the outcome is reversed by the hearing officer, the Parties will be given an opportunity to appeal.
    
6. Reversal by Chancellor’s Office
   If the Chancellor’s Office determines that no reasonable fact finder (hearing officer) could have made the findings as determined by the hearing officer, the Chancellor’s Office may vacate and reverse the hearing outcome, but only with respect to whether the Policy was violated (and not with respect to factual findings). If the Chancellor’s Office vacates and reverses the outcome, it will notify the Parties Simultaneously in writing, as well as the Title IX Coordinator. Following a reversal of a hearing outcome by the Chancellor’s Office, the Chancellor’s Office decision is final and is not subject to further appeal. In the event that the final outcome has been reversed by the Chancellor’s Office and a sanction will be imposed by the campus, both Parties have a right to appeal the sanction only. If a sanction is found to be objectively unreasonable, or arbitrary based on substantiated conduct, the matter will be sent back to the campus for reconsideration of the sanction.
    
7. Timeline for Chancellor’s Office Response to Appeal
   The Chancellor’s Office will respond to the appealing Party no later than 30 Working Days after receipt of the written appeal, unless the timeline has been extended pursuant to Article XI.D.viii, below.
    
8. Timelines and Extensions
   The Chancellor’s Office has discretion to extend the timelines for the appeal process for good cause or for any reasons deemed to be legitimate by the Chancellor’s Office. This includes the time for filing an appeal, the time for a hearing to be completed, and the time for the Chancellor’s Office to respond to the appeal. The Chancellor’s Office will notify the Parties and the Title IX Coordinator of any extensions of time granted pertaining to any portion of the appeal process.

Article XII. Retaliation

Retaliation, including intimidation, coercion, or discrimination against any individual for the purpose of interfering with an individual exercising any rights under this Track, for reporting or filing a Formal Complaint of Sexual Harassment (as defined under Article VII. C of the Policy), or for participating or refusing to participate in any manner in any policy-related investigation or proceeding, including a hearing, is prohibited.

The exercise of rights protected under the First Amendment does not constitute retaliation prohibited under this Article.

Complaints of Retaliation that arise from this Track may be filed with the Title IX Coordinator in accordance with the procedures set out in the Procedures for Complaints of Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation Made Against a Student or the Procedures for Complaints of Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation Made Against an Employee or Third-Party.

Individuals should not be deterred from reporting any incidents of Sexual Harassment or participating in an investigation as a Complainant or witness out of a concern that they might be disciplined for related violations of drug, alcohol, or other university policies. The campus’ primary concern is the safety of the campus community; therefore, a person who participates in investigations or proceedings involving Sexual Harassment shall not be subject to discipline for related violations of the Student Conduct Code at or near the time of the incident unless the campus determines the conduct places the health and safety of another person at risk or is otherwise egregious. The campus may, however, have an educational discussion with the person or pursue other educational Remedies regarding alcohol or other drugs.

The campus will keep confidential (except as may be permitted by the FERPA statute or FERPA regulations, or as required by law, or to carry out the purposes of this Track, including the conduct of any investigation, hearing, or judicial proceeding arising thereunder) the identity of:

1. Any Individual who has made a report or Formal Complaint of sex discrimination, including any individual who has made a report or filed a Formal Complaint of Sexual Harassment, as defined under Article VII.C of the Policy.
2. Any Complainant.
3. Any Individual who has been reported to be the perpetrator of sex discrimination.
4. Any Respondent.
5. Any Witness.

Article XIII. Recordkeeping

1. Records relating to the Investigation and Hearing Process
   The campus shall maintain records of the following for a period of seven years (from the date of a record’s creation), or the timeframe in accordance with the campus records/information retention and disposition schedule, whichever is later:
   1. Each Sexual Harassment investigation including any determination regarding responsibility (this includes records created in relation to Formal Complaints that are dismissed).
   2. Any audio or audiovisual recording or transcript pertaining to the Formal Complaint process.
   3. Any disciplinary sanctions imposed on the Respondent.
   4. Any Remedies provided to the Complainant designed to restore or preserve equal access to the campus’s education program or activity.
   5. Any appeal and the result therefrom (including appeals pertaining to mandatory and discretionary dismissal of Formal Complaints).
   6. Any Informal Resolution and the result therefrom.
   7. All materials used to train Title IX Coordinators, investigators, hearing officers, and any person who facilitates an Informal Resolution process. The campus shall make these training materials publicly available on its website.
2. Records relating to Supportive Measures
   The campus must create, and maintain the following for a period of seven years or the timeframe in accordance with the campus records/information retention and disposition schedule, whichever is later:
   1. Records of any actions, including any Supportive Measures, taken in response to a report or Formal Complaint of Sexual Harassment, as defined under Article VII. C of the Policy;
   2. In each instance, the campus must document the basis for its conclusion that its response was not deliberately indifferent, and document that it has taken measures designed to restore or preserve equal access to the campus’s Education Program or Activity; and
   3. if the campus does not provide a Complainant with Supportive Measures, the campus must document the reasons why such a response was not clearly unreasonable in light of the known circumstances.

Confidentiality

The University is committed to maintaining an environment in which individuals can participate in safe working and learning environments. Information provided to University employees 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 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.

Consensual, Amorous, and/or Sexual Relationships Between Employees and Students

Consensual relationship means a sexual or romantic relationship between two persons who voluntarily enter into such a relationship. While sexual and/or romantic relationships between members of the University community may begin as consensual, they may evolve into situations that lead to Discrimination, Harassment, Retaliation, Sexual Misconduct, Dating or Domestic Violence, or Stalking subject to this policy.

A CSU Employee shall not enter into a consensual relationship with a Student or Employee over whom s/he exercises direct or otherwise significant academic, administrative, supervisory, evaluative, counseling, or extracurricular authority. In the event such a relationship already exists, each Campus shall develop a procedure to reassign such authority to avoid violations of this policy. See the CSULB Policy 14-05 on Consensual Amorous and/or Sexual Relationships Between Employees and Students. 

This prohibition does not limit the right of an Employee to make a recommendation on personnel matters concerning a family or household member where the right to make recommendations on such personnel matters is explicitly provided for in the applicable collective bargaining agreement or MPP/confidential personnel plan.

Complaint Resolution Procedures

Resolution of discrimination, harassment and retaliation complaints is available to all members of the University community. The procedures vary, but are all intended to resolve complaints in a timely and responsive manner at the earliest possible stage.

Complaint Procedure for Employees and Third Parties (Campus Community, Guests, Visitors, Affiliates, and Associates):

Employees and Third Parties are covered by the CSU Systemwide complaint procedure. The complaint procedure is outlined in Executive Order 1096, Revised March 29, 2019. Further information and complaint forms are available at CSULB OEC Website or at FND-220. 

Please note these complaint procedures are applicable in the alleged respondent is an employee, student, vendor, contractor, or visitor.

Complaints may file through the Office of Equity & Compliance and may elect to utilize either the Early Resolution Process or the Formal Investigation Process. Timelines and procedures for the two processes vary; specific information can be found at the Equity and Diversity website or in the Executive Order. 

Complaint Procedure for Student Complaints: 

Students are covered by the CSU Systemwide complaint procedure. The complaint procedure is outlined in Executive Order 1097, Revised. Further information and complaint forms are available at the CSULB OEC Website or at FND-120.

Student Complaint Procedure (Complaints Regarding the CSU)

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

(1) If your complaint concerns CSU’s compliance with academic program quality and accrediting standards, you may present your complaint on the Western Association of Schools and Colleges (WASC) website. WASC is the agency that accredits the CSU’s academic program. If you believe that your complaint warrants further attention after you have exhausted all the steps outlined by WSCUC, you may file an appeal with the Assistant Vice Chancellor, Academic and Student Affairs at the CSU Chancellor’s Office.

(2) If your complaint concerns an alleged violation by CSU of any law that prohibits discrimination, harassment or retaliation based on a protected status (such as age, disability, gender (or sex), gender identity, gender expression, nationality, race or ethnicity (including color or ancestry), religion or veteran or military status), you may present your complaint as described in Section XVI (Nondiscrimination Policy).

(3) If your complaint concerns an alleged violation by CSU of another state law, including laws prohibiting fraud and false advertising, you may present your complaint to the university president or to the Office of Equity & Compliance, FND 120, (562) 985-8256. See Procedure for Student Complaints-Executive Order No. 1063 for details regarding the complaint requirements and complaint process: EO 1063. They will provide guidance on the appropriate university process for addressing your particular issue.

(4) Other complaints regarding the CSU may be presented to the university dean of students, who will provide guidance on the appropriate university process for addressing your particular issue.

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

Don’t Put Your Health at Risk

To become dependent upon a psychoactive drug such as alcohol, marijuana, Adderall, Xanax and other mind-altering substances contributes to health risks and substance use dependency.

If choosing to use a psychoactive substance one can experience impaired physical coordination, impaired judgment, blackouts, alcohol poisoning and being vulnerable to physical harm: physical fights, verbal abuse, sexual assault, date/acquaintance rape and other accidents.

If You Have an Alcohol/Drug-Related Problem, We Want to Help

CSULB Student Health Services (SHS) offers support in various ways. Under the Alcohol, Tobacco and Other Drug (ATOD) program directed by the ATOD Coordinator, Heidi Ortiz there is a smoking cessation-counseling program, psycho-educational classes on alcohol and drugs as well as individual counseling located in the SHS Behavioral Health. Linda Peña, LMFT, CADC, is highly skilled in addressing a student’s needs, questions, and concerns. All consultations are confidential.

Information concerning the prevention of substance use disorders and/or adverse effects of psychoactive substances are available by calling/emailing Linda Peña, (562) 985-1732, linda.pena@csulb.edu. For all drug and alcohol, prevention questions and presentations call/email Heidi Ortiz, (562) 985-5859.

Additionally, to support students who are in recovery from psychoactive substances there is ATOD’s Beach Recovery, a Collegiate Recovery Community effort that aims to educate students about substance use disorder and works towards removing the stigma attached to the words alcoholic/addict. Contact either Heidi Ortiz or Linda Peña for further information.

Campus Standards of Conduct

Both productivity at work and the learning process are significantly impaired by alcohol abuse and the use of illicit drugs. Substance abuse among college students inhibits their educational development and is of serious nationwide concern.

California State University, Long Beach is dedicated to the elimination of the use of illicit drugs and alcohol abuse. The University is making every effort to create an environment that promotes and reinforces good health. This includes responsible living, respect for community and campus standards and regulations, individual responsibility within the community, and the intellectual, social, emotional, ethical, and physical well‑being of all members of the campus community.

On campus property, the solicitation, sale, use or knowing possession of illegal drugs, restricted illegal drugs, or narcotics, as those terms are used in California State University, Long Beach statutes, are prohibited.

Consumption of alcohol is prohibited in individual offices, classrooms, laboratories, or generally accessible public or open areas, such as the quad and athletic fields.

Information regarding campus policies on the consumption of alcohol may be obtained by calling the Office of Student Conduct and Ethical Development at 985-5270.

Pursuant to Title 5 of the California Code of Regulations, violations by students of the above regulations, when campus related, may, after due process, result in the student being placed on probation, being suspended, or being expelled. Additionally, violations of laws committed on campus property, or at a campus event, will also be subject to referral and prosecution through off‑campus authorities. Penalties by enforcement agencies for violations of the law may include imprisonment, fines, or both; these are in addition to administrative sanctions imposed by the University.

More detailed descriptions of student regulations concerning drugs, or alcohol, may be found elsewhere in the CSULB Catalog, or in the Residence Hall Calendar and Handbook, or the Regulations for Campus Activities, Organizations and the University Community.

Pursuant to Education Code Section 89535, employees may be disciplined, up to and including termination, for the following causes:

1. Conviction of criminal offenses involving the illegal use of drugs.
2. Appearing for work impaired by the use of alcohol and/or controlled substances.
3. Addiction to the use of controlled substances.

More detailed descriptions of employee regulations concerning drugs, or alcohol, may be found in the Administrative Policies and Procedures Handbook and the Faculty and Staff Handbooks.

Security on Campus

Campus Security Act 

California State University, Long Beach Police, obtains its powers to arrest from the California Penal Code and the California Education Code. 

Reporting Emergencies on Campus 

The on-campus emergency phone number is 911. The nonemergency phone number is (562) 985-4101. Any problems concerning behavior of members of the campus community, thefts, vandalism, fire, and all related matters should immediately be brought to the attention of the University Police. 

Procedures for Reporting Crimes on Campus 

Whenever students or employees become victims of a crime while on the campus of CSULB, or whenever they have witnessed a crime or feel that there is a possibility that a crime is about to occur, they should notify University Police as soon as possible by calling 911 from their cell phone or nearest telephone. There are also numerous emergency phones located throughout the campus and parking lots, which are direct lines to the University Police dispatcher. Contact University Police by simply locating the nearest emergency phone or by using the emergency phone that is located in all elevators. Individuals may also contact the mobile police units that patrol the campus on a 24 hour schedule. Parking enforcement officers also patrol the parking lots and have direct radio contact with the police dispatcher and the mobile police units. The University Police is located at the far east end of campus, near parking lot E5 on Palo Verde Avenue. The Department is open 24 hours a day to respond to any call for service or to any emergency. 

Opening Classrooms 

Custodians are responsible for unlocking all outside doors and classrooms which do not contain equipment (audiovisual, computers, etc.) at 7:00 am. University Police personnel are responsible for opening buildings on weekends and holidays. Persons requesting a door opened must have proper authorization. Questions of interpretation and special access matters should be directed to University Police. 

Security of Buildings 

Personnel who require regular access to specific buildings and rooms may request keys. Requests must be approved by the appropriate department and, for some facilities, by the appropriate administrator. Individuals granted special access to rooms and buildings must assume personal responsibility for facilities and equipment during the time they are using these facilities and equipment and must ensure that the door is locked at the conclusion of work. 

University Police will ensure that all buildings are secured every night. An individual desiring to remain in a building after normal closing hours is required to notify University Police. 

During regular business hours (Mon-Friday, 8am-5pm), staff and faculty shall contact their department to perform door unlocks. If the staff or faculty member’s department is unable to unlock the door, there are exigent circumstances, or if it is outside regular business hours, the staff or faculty member may contact the University Police for assistance. The University Police will unlock campus doors for staff and faculty members who provide identification, have permission to enter the area, and show a need for the door to be unlocked. For the purposes of this policy, positive identification is established by presenting a current campus staff or faculty identification card, or government issued picture identification. If the staff or faculty member does not have identification as defined in this policy, the University Police shall attempt to locate their photo via our campus website or our campus ID database. If located, the photo will be sent to a University Police mobile device in the field in order to provide positive identification. Areas of the campus which have restricted entry are NOT to be opened for anyone not on the approved access list maintained in University Police Communications. 

Graduate Assistants and other students who require entrance to a building during other than normal hours must have proper identification and prior approval in writing from the appropriate administrator. They must be in possession of a copy of written permission and approval from their appropriate administrator.

Anyone who has difficulty in gaining authorized access to an area or who needs assistance in securing a building or room should contact University Police. 

Policy Concerning Law Enforcement on Campus 

California State University Police Officers are sworn Law Enforcement Officers under California Penal Code, Section 830.2(c), and in compliance with State Statute meet the peace officer standards and training requirements mandatory for all California law enforcement officers. In addition, California State University Police Officers undergo training specially designed to meet the needs and problems of a contemporary university community. 

The primary responsibility of the University Police is the preservation of the public peace and the protection of life and property against all unlawful acts. The department will take all possible measures to prevent crime and accidents, investigate all suspicious and criminal activity thoroughly , and apprehend offenders quickly in all cases where crimes are committed. 

Type and Frequency of Programs to Inform Campus Personnel About Security Procedures and Practices 

The University Police conducts new employee, new student, and special group orientations. Officers routinely address residence hall students on a variety of topics, such as drug and alcohol abuse, and the problem of sexual assaults. Please contact the University Police for more information. 

Programs Designed to Prevent Crime 

University Police offers an evening escort service for all students and employees. They are picked up and escorted to their vehicles or to the residence halls. 

University Police provides employees with information about California law and how to avoid being a victim. Advice is also provided about securing valuables and protecting vehicles. 

Statistics on Major Crimes 

University Police reports statistics on major crimes monthly to the Office of the President, to the Chancellor’s Office, and to the Department of Justice. 

Information concerning CSULB policies, procedures, and facilities for students and others to report criminal actions or other emergencies occurring on campus may be obtained from University Police, (562) 985-4101. 

Information concerning the CSULB annual crime statistics reports may be obtained online at the University Police website or by contacting University Police directly at (562) 985-4101. 

Firearms on Campus 

Any person who brings or possesses a firearm on the grounds of the University, without the prior written permission of the Chief of University Police, or as otherwise provided by law, is in violation of State law (California Penal Code, Section 626.9), and University Regulations, and is punishable by imprisonment. Any person who brings or possesses a device that expels a metallic projectile, such as a B-B or pellet, through the force of air pressure, CO2 pressure, or spring action, or a spot-marker gun, on the grounds of the University, without the permission of the University Police, is in violation of University Regulations; such action may result in University or legal sanctions. 

Off-Campus Monitoring of Criminal Activity at Campus Events 

The University Police Department has a close working relationship with the City of Long Beach Police Department and other local law enforcement agencies. Reports and information are routinely exchanged and reviewed as needed. 

Policy for the Use of Alcohol and Drugs on Campus 

Please see updated Alcohol Policy, Regulation X (PDF). 

CSULB is dedicated to the elimination of the use of illicit drugs and alcohol abuse. The CSULB Student Health Services offers substance-abuse consultation programs for students, faculty and staff who may need assistance in overcoming the personal issues associated with alcohol and drug abuse. These programs include a Student Assistance Program for students, an Employee Assistance Program for faculty and staff, and an Athletic Assistance Program for student athletes (offered as a separate program due to NCAA requirements). All contacts with the Health Center and its personnel are confidential. 

More detailed descriptions of campus regulations concerning alcohol and drugs may be found in the current editions of the CSULB Catalog, the CSULB Schedule of Classes, Regulations for Campus Activities, Organizations, and the University Community, and the Faculty, Staff and Student Handbooks. 

Policy on Sexual Assault

Students, faculty, and staff who are victims of sexual assault committed at or upon the grounds of the University, or upon off-campus grounds or facilities maintained by affiliated student organizations, are required by law to be advised of specified information, to include treatment, related campus procedures, referral options, and other assistance which may be available [California Education Code, Section 67385]. This policy is designed to provide the written procedures and information required. 

Rape, including acquaintance rape, or any other form of sexual assault, will not be tolerated by California State University, Long Beach. Where there is evidence that campus-related sexual assault has been committed, severe campus disciplinary action will be initiated. Such campus disciplinary action may include, after due process, the possibility of dismissal, suspension, or disenrollment. Additionally, where the victim initiates criminal action, the perpetrator is subject to criminal penalties which may include fines and imprisonment. 

Sexual Assault 

The term “sexual assault” includes, but is not limited to, rape, acquaintance rape, sexual battery, forced sodomy, forced oral copulation, rape by a foreign object, or threat of sexual assault [California Education Code, Section 67385(d)]. 

Rape is a criminal offense. “Rape” is generally defined as an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, under specified circumstances. For example, it may involve the use or threat of force, violence, retaliation, or fear of or actual immediate and unlawful bodily injury. Rape also occurs when the victim is incapable of giving legal consent, for example, when: a) the victim has a mental disorder, or is developmentally or physically disabled; or b) the victim is prevented from resisting the assault due to intoxicating substances (e.g. alcohol or drugs); or c) the victim is unconscious of the nature of the act, and such condition was known or reasonably should have been known to the accused (Reference: California Penal Code, Section 261, and the following sections). Spousal rape is also prohibited under the “Spousal Rape” provisions of the California Penal Code, Section 262. 

“Acquaintance Rape” is forced sexual intercourse undertaken by someone the victim knows, against the will of the victim or as a result of threats, force or fear. 

“Sexual Battery” is defined as the touching of an intimate part of another person, if the person is unlawfully restrained and if the touching is against the will of the person touched, for the purpose of sexual arousal, sexual gratification, or sexual abuse [Reference: California Penal Code, Section 243.4 (e) (i)]. 

“Assault with intent to commit a sexual battery” is defined as an unlawful attempt, coupled with the present ability, to commit a violent injury (e.g., rape) or sexual battery on the person of another. (Reference: California Penal Code, Section 220; 240; 261; and following sections). 

“Consent” is defined as positive cooperation in an act or attitude pursuant to an exercise of free will. The person must act freely and voluntarily and have knowledge of the nature of the act or transaction involved. A current or previous dating or marital relationship is not sufficient to constitute consent where, under specified conditions, consent is at issue [Reference: California Penal Code, Section 261.6; 266(c)]. 

“Unlawful Sexual Intercourse with a minor” is an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, where the person is under the age of 18 years (California Penal Code, Section 261.5). 

Any person who willfully and lewdly commits any lewd or lascivious act upon or with the body or any part of a child under the age of 14 years with the intent of arousing, appealing to, or gratifying the sexual desires or passions of either the child or defendant is guilty of a felony. Any person who commits any act in the previous sentence with a person 14 or 15 years old, and the defendant is at least 10 years older than the child is guilty of a public offense (California Penal Code, Section 288). Any person who intentionally gives, transports, provides, persuades or makes available to another a child under age 16 for lewd or lascivious acts is guilty of a felony, punishable by fine and imprisonment [California Penal Code, Section 266(j)]. Every person who annoys or molests any child under the age of 18 is punishable by fine and imprisonment, or both fine and imprisonment (California Penal Code, Section 647.6). 

University Jurisdiction 

California State University, Long Beach views seriously its obligation 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 of the rules and regulations of the California State University. 

A student charged with a sexual abuse or sexual assault or sexual battery violation which is campus-related may be subject to prosecution under appropriate California criminal statutes, as well as being subject to student discipline under the Student Conduct Procedures (Reference: Chancellor’s Executive Order 1074, “; and Title V, California Code of Regulations, Section 41301 41302, “Student Discipline”). 

Employees charged with a sexual abuse violation which 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 abuse violation are strongly encouraged to notify University Police immediately. University Police may be contacted by: 

• using any of the blue lighted telephones 
• dialing (562) 985-4101 or 9-1-1 

An officer will be dispatched and will assist the victim to a medical facility for medical care and collection of evidence. An officer will assist the victim with a police report should the victim desire to make one. An officer will remain available to the victim until a friend or relative can be located. 

The University Police Department cannot hold reports of crime in confidence. Confidential reports for purposes of inclusion in the annual disclosure of crime statistics can generally be made to other CSU campus security authorities identified as the following: 

• Associate Vice President, University Student Union 313, (562) 985-7616 
• Associate Vice President, Faculty Affairs (562) 985-4128, Brotman Hall 303 
• Assistant Dean of Students (562) 985-7547, University Student Union, Room 217 
• Director, Athletic (562) 985-4655, Pyramid Annex 
• Director, Counseling and Psychological Services (562) 985-4001, Brotman Hall 226 
• Director, Equity & Compliance (562) 985-8256, University Student Union 301, Title IX Coordinator 
• Director, Housing and Residential Life (562) 985-4187, Housing Office 
• Director, Office of Student Conduct & Ethical Development (562) 985-5270, USU 238 
• Title IX Coordinator (562) 985-8256, Foundation Building 120 
• Director, Staff Human Resources (562) 985-4031, Brotman Hall 335 
• Director, Student Health Services (562) 985-4771, Student Health Center 

Alternatively, one may anonymously report a crime to the above-listed campus authorities. Each respective unit or person contacted will be responsible for reports, as may require by law, to be filed for their respective unit, e.g. violations under the Child Abuse Reporting Law, Jeanne Clery Act or Megan’s Law. 

Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act 

Access crime statistics for CSULB: These are mandated statistics known as the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. Hard copies of this brochure may be obtained from CSULB Police Department’s main station located on the southern end of parking lot 11, 1250 Bellflower Blvd. This report is also available on the University Police website and can be downloaded in the PDF format. This report is prepared in cooperation with the Police agencies surrounding our main campus and our alternate sites, Housing and Residential Life, the Judicial Affairs Office and the Division of Student Services. Each entity provides updated information on their educational efforts and programs to comply with the Act. 

The following are among the options available to a victim and more than one option may be exercised: 

• 1.     Criminal Prosecution: University Police (562) 985-4101 Emergency: 911 
• 2.     Civil Action: Consult an attorney. 
• 3.     University Disciplinary Process, where accused is: 
• Faculty: Academic Employee Relations (562) 985-5208; BH-300 
• Staff: Staff Human Resources (562) 985-4128; BH-303 
• 4.     Informal Mediation: Office of the University Ombuds (562) 985-5983; FND-140. 
• 5.     Alternative Campus Housing Assignments: Director, Housing (562) 9854187; Housing Office 
• 6.     Academic Assistance: 
• Counseling and Psychological Services (562) 985-4001; BH 226 
• Women’s and Gender Equity Center (562) 985-8576; LA1-102 
• Academic Advising Center (562) 985-4837; Student Success Center, 140 

In the event there are requests for information from the Press, concerned students, parents, and others, prudence will be exercised, and when required by law, confidentiality will be maintained. When appropriate, only the Department Director (for matters strictly within the Director’s purview), or the University Director of Public Affairs (for inquiries by the media), will respond. 

Victims are advised that there could likely be a need to identify both the victim and the assailant in the course of investigation and hearings under University student disciplinary proceedings, as well as under employee disciplinary proceedings, or criminal prosecutions. In the case of student disciplinary actions against an assailant, the victim is required to be promptly notified by the Director. Office of Student Conduct and Ethical Development of the status of the proceedings, and the general terms of the disposition. 

Persons are reminded of the importance of preserving such evidence as may be necessary to the proof of criminal sexual assault. With respect to sexual assault involving student discipline, both the accused and the accuser are entitled to have an advisor present during a campus disciplinary proceeding, and to be informed of the outcome of the campus student disciplinary proceeding. Student victims of sexual assault may request changes in academic and living arrangements precipitated by the offense where such changes are reasonably available. 

Support Services 

Sexual assault violations often result in physical harm, psychological harm, or both. Even if the victim decides not to report the incident to authorities, it is urged that the victim seek medical and counseling assistance for potential emotional trauma and the possibility of sexually transmitted diseases. 

The University Student Health Services-Behavioral Health 

• The Campus Confidential Advocate from the YWCA Greater LA is available to provide support services to CSULB students who have been affected by sexual violence or misconduct. The advocate can also assist those who have been affected by stalking, domestic or dating violence by linking students to appropriate resources. The Advocate is available to provide crisis counseling, advocacy, accompaniments and help a student understand their rights and options. SHS, (562)985-2668, advocate@csulb.edu. To learn more about the Campus Confidential Advocate and support services, visit our website at NATB Website 
• The ATOD/Sexual Misconduct Counselor provides trauma informed management counseling for student who have experienced sexual assault; SHS (562)985-1732. 
• The University Counseling and Psychological Services provides crisis counseling as well as ongoing assistance to students who have experienced sexual assault; BH 226 (562) 985-4001, CAPS Website. 
• The University Student Health Center offers routine medical examinations, including pregnancy tests and tests for sexually transmitted diseases; (562) 985-4771. 
• The University Women’s and Gender Equity Center provides support, resource materials, and referrals to community services women and men, Student Success Center, 240, (562) 985-8576, WRC Website. 
• S.A.R.T (Sexual Assault Response Team) The University Police is an active participant of the Long Beach S.A.R.T. process. The SART Team includes University Police, Long Beach Police Department, a forensic nurse and the advocate. This process offers individual forensic exams to victims of sexual assault and child molestation.  The University Police may also be reached by calling (562) 985-4101 or 9-1-1.  For someone who may be in need of a forensic medical exam but are unsure about reporting to police, contact the Campus Confidential Advocate Monday-Friday, 8am-5pm at (562)985-2668 or during after-hours/weekend response, you can contact the 24 hour YWCA Greater LA Sexual Assault Crisis Services hotline at (877)943-5778 to discuss your options. 

Additionally, referrals are available through the following non-university agencies: 

• YWCA GLA Sexual Assault Crisis Services 24 hour hotline at (877) Y-HELPS-U/ (877) 943-5778; YWCA GLA Website 
• RAINN (Rape Abuse & Incest National Network) National Sexual Assault Hotline at (800)656-HOPE/ (800)656-4673; RAINN Website 
• Long Beach Trauma and Recovery Center at (562)491-7977; LB Trauma and Recovery Center Website 
• Women Shelter of Long Beach at (562)437-4663; Women Shelter of Long Beach Website 
• The Center Long Beach, LGBTQ at (562)434-4455; Center LB Website 
• 1in6 (Male Survivors of Sexual Assault) at 1 in 6 Website 

Also, the Campus Confidential Advocate within Student Health Services and Counseling and Psychological Services maintain lists of referrals within the community which deal with the issues of rape and sexual assault crisis, including legal, medical, and therapeutic support services. The Advocate can be reached via phone at (562)985-2668 or via email at advocate@csulb.edu. For Counseling and Psychological Services call (562)985-4001. 

Victims of Violent Crime Statute 

A person who has sustained physical injury as a direct result of a crime of violence, or is legally dependent for support upon a person who has sustained physical injury or death as a direct result of a crime of violence (or, in the event of a death caused by a crime of violence, has legally assumed or voluntarily paid the medical or burial expenses incurred as a direct result thereof) may qualify for indemnification by the State of California for the out-of-pocket wages, medical and/or burial expenses incurred as a result of the crime (California Government Code, Section 13900, et seq.). Claims must be filed with the State Board of Control for the State of California. The Statute provides that, absent certain extenuating circumstances, a claimant has one year from the date of the crime to file his or her claim with the State Board of Control. For further information regarding this program, contact: 

• University Police - CSULB, 1250 Bellflower Blvd., Long Beach, CA 90840, Telephone: (562) 985-4101 
• Los Angeles District Attorney - Telephone: (800) 380-3811, LA District Attorney Website
• State of California - Victim Compensation Program, P.O. Box 3036, Sacramento, CA 95812-3036, Telephone: (800) 777-9229, Hearing impaired, please call the California Relay Service at (800) 735-2929, Email: info@vcgcb.ca.gov 

Privacy Rights of Students in Education Records

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

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

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

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

Career Placement Information

The Career Development Center office may furnish, upon request, information about the employment of students who graduate from programs or courses of study preparing students for a particular career field. Any such data provided must be in a form that does not allow for the identification of any individual student. This information includes data concerning the average starting salary and the percentage of previously enrolled students who obtained employment. The information may include data collected from either graduates of the university or graduates of all CSUs.

Use of Social Security Number

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

Student Grievance Policy

The CSULB grievance policy and procedure are designed to provide the campus community with a protocol to accommodate circumstances for which no other policy or procedure exists. This policy does not cover grade appeals, prohibited discrimination, or any other issues that are covered by existing policies. Students are advised to consult appropriate additional campus resources (e.g., the Undergraduate and Graduate Catalog, “The Regs”). The Office of the Dean of Students has staff to help students understand the details of the grievance procedure and may be called upon for assistance. The CSULB Policy on Academic Integrity (07-01) is available from the Academic Senate website.  

41301. Standards for Student Conduct

1. University 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 university community should choose behaviors that contribute toward this end. Students are expected to be good citizens and to engage in responsible behaviors that reflect well upon their university, to be civil to one another and to others in the university community and contribute positively to student and university life.
2. 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:
3. Dishonesty, including:
   1. Cheating, plagiarism, or other forms of academic dishonesty that are intended to gain unfair academic advantage.
   2. Furnishing false information to a university official, faculty member, or university office.
   3. Forgery, alteration, or misuse of a university document, key, or identification instrument.
   4. Misrepresenting one’s self to be an authorized agent of the university or one of its auxiliaries.
4. Unauthorized entry into, presence in, use of, or misuse of university property.
5. Willful, material and substantial disruption or obstruction of a University-related activity, or any on-campus activity.
6. 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.
7. 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.
8. Disorderly, lewd, indecent, or obscene behavior at a University related activity, or directed toward a member of the university community.
9. 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.
10. Hazing or conspiracy to haze. Hazing is defined as any method of initiation or pre- initiation into a student organization or student body, whether or not the organization or body is officially recognized by an educational institution, which is likely to cause serious bodily injury to any former, current, or prospective student of any school, community college, college, university or other educational institution in this state (Penal Code 245.6), and in addition, any act likely to cause physical harm, personal degradation or disgrace resulting in physical or mental harm, to any former, current, or prospective student of any school, community college, college, university or other educational institution. The term “hazing” does not include customary athletic events or school sanctioned events. Neither the express or implied consent of a victim of hazing, nor the lack of active participation in a particular hazing incident is a defense. Apathy or acquiescence in the presence of hazing is not a neutral act and is also a violation of this section.
11. 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.
12. 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.
13. Theft of property or services from the university community, or misappropriation of university resources.
14. Unauthorized destruction or damage to university property or other property in the university community.
15. Possession or misuse of firearms or guns, replicas, ammunition, explosives, fireworks, knives, other weapons, or dangerous chemicals (without the prior authorization of the university president) on campus or at a university related activity.
16. Unauthorized recording, dissemination, or publication of academic presentations (including handwritten notes) for a commercial purpose.
17. Misuse of computer facilities or resources, including:
    1. Unauthorized entry into a file, for any purpose.
    2. Unauthorized transfer of a file.
    3. Use of another’s identification or password.
    4. Use of computing facilities, campus network, or other resources to interfere with the work of another member of the university community.
    5. Use of computing facilities and resources to send obscene or intimidating and abusive messages.
    6. Use of computing facilities and resources to interfere with normal university operations.
    7. Use of computing facilities and resources in violation of copyright laws.
    8. Violation of a university computer use policy.
18. Violation of any published university policy, rule, regulation or presidential order.
19. Failure to comply with directions or, or interference with, any university official or any public safety officer while acting in the performance of their duties.
20. 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.
21. Violation of the Student Conduct Procedures, including:
    1. Falsification distortion, or misrepresentation of information related to a student discipline matter.
    2. Disruption or interference with the orderly progress of a student discipline proceeding.
    3. Initiation of a student discipline proceeding in bad faith.
    4. Attempting to discourage another from participating in the student discipline matter.
    5. Attempting to influence the impartiality of any participant in a student discipline matter.
    6. Verbal or physical harassment or intimidation of any participant in a student discipline matte
    7. Failure to comply with the sanction(s) imposed under a student discipline proceeding.
22. Encouraging, permitting, or assisting another to do any act that could subject him or her to discipline.

Procedures for Enforcing This Code

The chancellor shall adopt procedures to ensure students are afforded appropriate notice and an opportunity to be heard before the university imposes any sanction for a violation of the Student Conduct Code. [Note: At the time of publication, such procedures are set forth in the California State University Student Conduct Procedures Policy (Revised August 14, 2020).

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 university 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 which prohibits disciplinary action against students based on behavior protected by the First Amendment.

41302. Disposition of Fees; University Emergency; Interim Suspension

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

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

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

41303. Conduct by Applicants for Admission

Notwithstanding any provision to the contrary, admission or readmission may be qualified or denied to any persons who, while not enrolled as students, commit acts which, were they enrolled as students, would be the basis for disciplinary proceedings pursuant to Sections 41301 or 41302. Admission or readmission may be qualified or denied to any persons who, while students, commit acts which are subject to disciplinary action pursuant to Section 41301 or Section 41302. Qualified admission or denial of admission in such cases will be determined under procedures adopted pursuant to Section 41304.

41304. Student Disciplinary Procedures for The California State University

The Chancellor will prescribe, and may from time to time revise, a code of student disciplinary procedures for The California State University. Subject to other applicable law, this code will provide for determinations of fact and sanctions to be applied for conduct which is a ground of discipline under Sections 41301 or 41302, and for qualified admissions or denial of admission under Section 41303; the authority of the campus President in such matters; conduct‑related determinations on financial aid eligibility and termination; alternative kinds of proceedings, including proceedings conducted by a Hearing Officer; time limitations; notice; conduct of hearings, including provisions governing evidence, a record, and review; and such other related matters as may be appropriate. The Chancellor will report to the Board actions taken under this section.

The current University regulation on alcoholic beverages is stated in the CSULB Policies, Information and Regulations Handbook published by the Office of Student Affairs.

Additional detailed information relating to student discipline is available in the Office of Student Affairs, and from the Office of the Vice President for Student Affairs.

Civil and Criminal Penalties for Violation of Federal Copyrights Law

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

Administrative Action

Procedures and sanctions of the Office of Student Conduct and Ethical Development are under the administration of the Vice President for Student Affairs and are conducted pursuant to the authority provided in Section 41301 of Title 5 of the California Code of Regulations. Copies of Section 41301 of Title 5 may be found in the University Catalog and the Campus Regulations available in the Office of Student Conduct and Ethical Development. Copies of Chancellor’s Executive Order 970, “Student Conduct Procedures” are also available upon request. The Vice President for Student Affairs will report annually to the President and the Chair of the Academic Senate a summary of the charges concerning cheating and plagiarism brought before the Office of Student Conduct and Ethical Development.

Office of Student Conduct and Ethical Development

The Office of Student Conduct and Ethical Development (USU 238) provides assistance with the interpretation and enforcement of campus regulations. Complete copies of the CSULB “Campus Regs,” including a listing of infractions which may result in student disciplinary action under Title 5, Section 41301, of the California Code of Regulations, “Probation, Suspension and Expulsion of Students,” are available in this office; also available are copies of Executive Order 1080, “Student Conduct Procedures.” General assistance and aid in directing individuals to the proper procedures, departments and personnel may be obtained in this office.

Alleged violations are investigated primarily through informal office conferences with the involved students.

The conferences which are held as a result of impending disciplinary action are:

1. To clarify the referral, the charges, or the circumstances involved;
2. To prevent the incidence of, or further occurrences of, violations; and
3. To educate as a preventive experience and to indicate the possible consequences as a result of committing a violation. Discussion is centered on the cause-and-effect relationship of various courses of action and, when possible, alternate paths or solutions are explored.

Fee Establishment and Policies

Average Support Cost per Full-Time Equivalent Student and Sources of Funds

The total support cost per full-time equivalent student (FTES) includes the expenditures for current operations, including payments made to students in the form of financial aid, and all fully reimbursed programs contained in state appropriations. The average support cost is determined by dividing the total cost by the number of FTES. The total CSU 2021/22 budget amounts were $4,228,282,000 from state General Fund (GF) appropriations, before a $(4.4) million CalPERS retirement adjustment, $2,509,668,000 from gross tuition revenue, and $653,724,000 from other fee revenues for a total of $7,391,674,000 . The 2021/22 resident FTES target is 374,246 and the nonresident FTES based on past-year actual is 19,430 for a total of 393,676 FTES. The GF appropriation is applicable to resident students only whereas fee revenues are collected from resident and nonresident students. FTES is derived by dividing the total student credit units attempted by a fixed amount depending on academic level (e.g., 30 for a semester campus and 45 for a quarter campus, the figures that define a full-time undergraduate or postbaccalaureate student’s academic load).

The 2021/22 average support cost per FTES based on GF appropriation and net tuition fee revenue only is

$17,672 and when including all three sources as indicated below is $19,333, which includes all fee revenue (e.g. tuition fees, application fees, and other campus mandatory fees) in the CSU Operating Fund. Of this amount, the average net tuition and other fee revenue per FTES is $8,035.

The average CSU 2021/22 academic year, resident, undergraduate student basic tuition and other mandatory fees required to apply to, enroll in, or attend the university is $7,439 ($5,742 tuition fee plus $1,621 average campus-based fees). However, the costs paid by individual students will vary depending on campus, program, and whether a student is part-time, full-time, resident, or nonresident.

Procedure for the Establishment or Abolishment of Campus-Based Fees

The law governing the California State University provides that specific campus fees defined as mandatory, such as a student body association fee and a student body center fee, may be established. A student body association fee must be established upon a favorable vote of two-thirds of the students voting in an election held for this purpose (Education Code, Section 89300). The university president may adjust the student body association fee only after the fee adjustment has been approved by a majority of students voting in a referendum established for that purpose. The required fee shall be subject to referendum at any time upon the presentation of a petition to the university president containing the signatures of 10 percent of the regularly enrolled students at the university. Student body association fees support a variety of cultural and recreational programs, childcare centers, and special student support programs. A student body center fee must be established upon a favorable vote of two-thirds of the students voting in an election held for this purpose (Education Code, Section 89304). Once bonds are issued, authority to set and adjust student body center fees is governed by provisions of the State University Revenue Bond Act of 1947, including, but not limited to, Education Code sections 90012, 90027, and 90068. A student success fee may be established or adjusted only after the university undertakes a rigorous consultation process and a fee referendum is held with a simple majority favorable vote (Education Code, Section 89712). The student success fee may be rescinded by a majority vote of the students only after six years have elapsed following the vote to implement the fee.

The process to establish and adjust other campus-based mandatory fees requires consideration by the campus fee advisory committee and a consultation or student referendum process as established by California State University Student Fee Policy, Section III (or any successor policy). The university president may use consultation mechanisms if they determine that a referendum is not the best mechanism to achieve appropriate and meaningful consultation, and referendum is not required by the Education Code or Student Success Fee policy. Results of the referendum and the fee committee review are advisory to the university president. The president may adjust campus-based mandatory fees but must request the chancellor to establish a new mandatory fee. The president shall provide to the campus fee advisory committee a report of all campus-based mandatory fees. The university shall report annually to the chancellor a complete inventory of all campus-based mandatory fees.

For more information or questions, please contact the System Budget Office in the CSU Chancellor’s Office at (562) 951-4560.

Tax Credits for Higher Education

The Taxpayer Relief Act of 1997 encourages postsecondary and continuing education by providing tax benefits to students and their families. Taxpayers can claim one, or in some cases, two of these new tax credits for expenses they pay for postsecondary education for themselves and their dependent children. These tax credits can directly reduce the amount of federal income tax for returns filed.

The Hope Scholarship Credit is available on a per-student basis for the first two years of postsecondary education. The maximum credit is $1,500 per student. It will be offered to students or parents who pay tuition and related expenses for attendance at least half-time in a degree-granting program.

The Lifetime Learning Credit provides a tax credit to parents and/or students of up to $2,000 of total annual educational expenses, per return.

Education expenses that are paid with tax-free grants, scholarships, are not eligible for either tax credit. Education expenses paid with loans are eligible for these tax credits. Interest paid on qualified student loans may also be deductible from taxpayer income. Interest can be taken as a deduction during the first 60 months (5 years) of repayment on student loan.

To assist you in taking advantage of these tax credits, the University will provide you with the following information:

• Form 1098T (Tuition Payments Statement) - This form must be submitted along with your federal tax return to claim these credits.
• Form W-9S (Request for Student’s or Borrower’s Social Security Number and Certification). This form should be completed and returned to the University, if your social security number is incorrect.
• Telephone inquiries at (562) 985-5471 (option 3)
• Online at MyCSULB.edu
• In-person inquiries at Brotman Hall 155
• IRS Publication 970, Tax Benefits for Education IRS Website

Either your lender or loan servicer will provide interest deduction information to you. Those eligible will be provided with a 1098E form, which must be submitted along with your federal tax return to claim this deduction.

NOTE: The information described above, and the information available via MyCSULB or phone regarding the new tax benefits, is in general terms. Your ability to claim these tax benefits depends on your individual circumstances. We recommend that you consult a tax advisor to determine your personal eligibility.

Annual Fire Safety Report Information

Pursuant to the Higher Education Opportunity Act, the (2022) Annual Fire Safety Report (AFSR) is now available (PDF) for viewing.

The purpose of this report is to disclose statistics for fires that occurred within CSULB’s housing facilities for 2019 and to distribute fire safety policies and procedures intended to promote safety on Campus. A paper copy of the AFSR is available upon request by contacting University Housing & Residential Life located at:

Housing and Residential Life
562-985-4187
Housing@csulb.edu
California State University, Long Beach
1250 Bellflower Boulevard (MS 8701)
Long Beach, CA 90840-8701