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The Clery Director prepares this report with coordination from the University Police Department, University Housing, Student Conduct, Athletics, International Student Programming, the Office of Equity and Inclusion, Center for Advocacy, Prevention & Empowerment (CAPE), Student Life, and local law enforcement agencies with concurrent jurisdiction over the campus鈥檚 Clery Geography. These partners provide crime statistics and policy information for Clery Act reportable crimes, hate crimes, and violations of state and local drug, liquor, and weapons laws occurring within Clery Geography where arrests or referrals for discipline were made, and it is a disclosure for the three most recent calendar years. These departments are also represented on the campus Clery Compliance Team (CCT) and have employees designated as Campus Security Authorities (CSA). CSAs use the Clery Reporting form found on our Risk Management鈥檚 website to report Clery crimes. After the form is submitted with the necessary info, the information is directly and instantly sent to the Clery Director for review in case Clery disclosures are needed to be sent to the campus community. CSAs must promptly report allegations of Clery crimes that occur within a Campus' Clery Geography that are reported to them. A report may be a written or verbal disclosure made by any person to the CSA, including information shared with the CSA by witnesses or other third parties. CSA reports must include the following if known: The crime that was reported and the information provided, the exact location where the reported crime occurred, the date and time the reported crime occurred, and Any witness and perpetrator information. Victim information, unless the victim requests confidentiality (Employees may be required to share this information with other offices if they have responsibilities under other laws and policies including, but not limited to, Mandatory Reporting of Child Abuse and Neglect, and听CSU Policy Prohibiting Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation (鈥淣ondiscrimination Policy鈥�)). If the victim requests confidentiality, enough information must be obtained and provided by the CSA about the criminal incident to prevent over reporting or "double counting" of the incident.

By September 15th of each year, all enrolled students and employees will receive an email notification, which includes a summary of the ASR content, availability, direct web link to access, and how to request a print copy. Prospective students and employees receive information regarding the report and availability from Admissions and Human Resources, respectively. CSUDH annually submits statistical data to the U.S. Department of Education, which publishes crime data for colleges and universities on its .

Compiling Crime Statistics

The statistics provide an overall picture of crime at CSUDH from January 1 to December 31 for 2022, 2023, and 2024. Clery Act crime statistics are classified and counted pursuant to the guidelines specified in the U.S. Department of Education, Office of Postsecondary Education, and The Handbook of Campus Safety and Security Reporting, 2016 Edition, Washington, D.C., 2016 (鈥淐lery Handbook鈥�) and separated by the following geographical areas:

• On-campus;
• On-campus residential housing facilities;
• On public property (within and immediately adjacent to the institution);
• In or on the non-campus property (either owned or controlled by the institution in direct support of or related to its education purposes or a building or property owned or controlled by an officially recognized student organization not reasonably contiguous to the main campus).

Counting Hierarchy

CSUDH uses the FBI鈥檚 UCR Hierarchy Rule when multiple offenses occur in a single incident. Under this rule, only the most serious offense is counted when more than one Criminal Offense is committed during a single incident. A single incident means the offenses were committed at the same time and place. Beginning with the most severe offense, the following list shows the hierarchy for Clery Act reporting:

• Murder and Non-Negligent Manslaughter
• Manslaughter by Negligence
• Sexual Assault
• Robbery
• Aggravated Assault
• Burglary
• Motor Vehicle Theft

There are exceptions to using the Hierarchy Rule when counting Arson, Sexual Assaults, Hate Crimes, and VAWA Offenses. Under the following exceptions:

1. Count both the Sexual Assault and the Murder if Rape, Fondling, Incest, or Statutory Rape occurs in the same incident as Murder.
2. Fondling is recognized as an element of Sexual Assault. Include a Sexual Assault as Fondling only if it is the only Sexual Assault. If Fondling occurs in the same incident as Murder, count the Fondling and the Murder.
3. Always count Arson regardless of the nature of any other offenses committed during the same incident.
4. When multiple offenses are committed during the same distinct operations as the Arson offense, report the most severe offense along with the Arson.
5. Include incidents in which persons are killed as a direct result of the Arson, such as Murder and Non-Negligent Manslaughter and Arson or Manslaughter by Negligence Arson.

The hierarchy rule does not apply to hate crimes; all offenses committed in multiple offense incidents that are bias-motivated are counted. For any criminal offense that is also a hate crime, statistics will indicate the offense and the category of bias.

California State听鲍苍颈惫别谤蝉颈迟测, Dominguez Hills (CSUDH)

Murder/NonNegligent Manslaughter

Negligent Manslaughter

Rape

Fondling

Incest

Statutory Rape

Robbery

Aggravated Assault

Burglary

Motor Vehicle Theft

Arson

Domestic Violence

Dating Violence

Stalking

Arrests for Weapons Law Violations

Arrests for Drug Law Violations

Arrests for Alcohol Law Violations

Referrals to Disciplinary Action for Weapons Law Violations

Referrals to Disciplinary Action for Drug Law Violations

Referrals to Disciplinary Action for Liquor Law Violations

Unfounded Crimes

A crime is considered unfounded for Clery Act purposes only if sworn or commissioned law enforcement personnel make a formal determination that the report is false or baseless. Crime reports can be properly determined to be false only if the evidence from a complete and thorough investigation establishes that the crime reported was not, in fact, completed or attempted in any manner.

Crime reports can be determined to be baseless only if the allegations reported did not meet the elements of the offense or were improperly classified as crimes in the first place. A reported crime cannot be designated unfounded if no investigation was conducted or the investigation was not completed; nor can a crime report be designated unfounded merely because the investigation failed to prove that the crime occurred.

[2022] 鈥� There were no unfounded crimes.
[2023] 鈥� There were no unfounded crimes.
[2024] 鈥� There were no unfounded crimes

Hate Crimes

A Hate Crime is a criminal offense that manifests evidence that the victim was intentionally selected because of the perpetrator鈥檚 bias against the victim. Hate crimes include any offense in the following group: murder and nonnegligent manslaughter, sexual assault including rape, fondling, incest and statutory rape, robbery, aggravated assault, burglary, motor vehicle theft, arson, larceny-theft, simple assault, intimidation, destruction/damage/vandalism of property.

Bias is a preformed negative opinion or attitude toward a group of persons based on their race, gender, gender identity, religion, disability, sexual orientation, ethnicity, or national origin. Hate crime reporting is considered for all Clery geography, including on-campus, residential facilities, noncampus buildings or property, and public property.

[2022] 鈥� There were no reported hate crimes.
[2023] 鈥� There were no reported hate crimes.
[2024] 鈥� There were no reported hate crimes.

To report a crime or other emergencies:

Contact University Police at (310) 243-3333 or dial 9-1-1 in an emergency, utilize one of the Blue Light emergency telephones located throughout campus, or contact a police officer on patrol. All crimes or suspicious activity/persons should be reported to the University Police immediately. Crime reports may also be made to Campus Security Authorities (CSAs).

A confidential "We Tip" line is available at (310) 243-3980. 鈥淲e Tip鈥� is a source that new students, current students, new employees, and current employees may use to report voluntarily and with confidentially. Any person may request confidentiality when reporting information to the UPD. Confidential digital reporting is also available through the University Police website. All and any crimes should be reported to the University Police for the purpose of making timely warning reports to the community and for disclosure in the annual crime statistics.

The Department will respond by taking the following action(s) as necessary:

• Dispatch a police officer(s) and/or the Los Angeles City Fire Department to the scene.
• Investigate the incident.
• Take appropriate action(s) to identify, apprehend, and prosecute the person(s) responsible.
• Notify or request the assistance of other law enforcement and/or other agencies and university resources when necessary; and/or,
• Make appropriate campus notifications.

The University Police Department will accept voluntary, confidential crime reports for inclusion in the university's annual disclosure of crime statistics. Requests for confidentiality will be honored to the extent permitted by law and data collected will only be used to get a more accurate number of crimes on campus and be used to promote crime awareness and enhance campus safety. If an individual would like to report a crime to the UPD confidentially, they may use the 鈥淲e Tip鈥� line, or they can state they would like to report a crime confidentially before discussing the incident further.

Individuals may make a voluntary report of discrimination, harassment, retaliation, sexual assault, dating/domestic violence, or stalking through a form provided by the Office of Equity & Inclusion and available online at . All reports will be treated as confidential.

Confidential victim/survivor advocates and counselors at CSUDH are encouraged to inform individuals about reporting options, including the voluntary, confidential reporting option available as discussed in the above section. Confidentiality may be requested when reporting any crime to the UPD, victim/survivor advocates, and counselors. Victims/Survivors may also confidentially speak to the Center for Advocacy, Prevention & Empowerment (CAPE). CAPE does not take reports, but individuals are always welcome to speak to CAPE confidentially, and the university is not notified. CAPE is not a reporting office and does not initiate university or law enforcement investigations. However, they can actively assist individuals in filing a report with the University Police Department or the Office of Equity and Inclusion if they choose to file a report. CAPE is a confidential resource and does not share information or notify law enforcement or the University. CSUDH does not have pastoral counselors.

Note: all publicly available record-keeping will be maintained without the inclusion of personally identifiable information about the victim.

The institution will, upon written request, disclose to the alleged victim of a crime of violence or a non-forcible sex offense the report on the results of any disciplinary proceeding conducted by the institution against a student who is the alleged perpetrator of such a crime or offense. If the alleged victim is deceased as a result of such crime or offense, the next of kin of said victim, for reporting purposes, shall be treated as the alleged victim.

For certain sex offenses¹, 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.

Any victim of these crimes may request that their name remain confidential in the police report narrative. These reports will be included in the university's annual disclosure of crime statistics.

The institution will, upon written request, disclose to the alleged victim of a crime of violence or a non-forcible sex offense, the report on the results of any disciplinary proceeding conducted by the institution against a student who is the alleged perpetrator of such a crime or offense. If the alleged victim is deceased as a result of such crime or offense, the next of kin of such a victim shall be treated as the alleged victim.

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

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

This policy describes the procedures that will be used to provide members of the community with information to aid in preventing them from becoming victims of crimes posing a serious or ongoing threat to the Campus communities. It is intended to provide faculty, staff, and students with timely information about Clery reportable crimes occurring within the defined Clery Geography of their Campuses and to comply with the Timely Warning requirements of the Jeanne Clery Act.

As required by the Clery Act, CSU Campuses will keep their Campus communities informed by providing a timely warning when appropriate.

• Upon receipt of a Campus Security Authority (CSA) report of a Clery crime on Clery Geography, a Timely Warning analysis shall be completed and documented by the Clery Director. The Clery Director shall have the authority to delegate this responsibility as appropriate. It is not necessary to document the completed Timely Warning analysis for referrals to disciplinary action.
• If it is determined that the report includes a Clery crime on Clery Geography, the Clery Director and Chief of Police (or management designee) will confer to analyze the known pertinent facts to determine whether they constitute a serious or ongoing threat to the Campus community. The unavailability of the Clery Director shall not unduly delay the issuance of a Timely Warning.
• If a CSA report includes 1) a Clery crime 2) on Clery Geography and 3) a discernible serious or ongoing threat, a timely warning as described below shall be issued expeditiously.
• In the absence of any of these three elements, no timely warning will be issued.
• The Chief of Police (or the management designee) shall have ultimate authority and responsibility for determining whether to issue a Timely Warning.

Each reported incident must be analyzed on a case-by-case basis. All known factors shall be considered in the case-by-case analysis to determine whether a timely warning should be issued. No single factor should govern the decision regarding the issuance of a timely warning. Campuses are prohibited from circumventing a case-by-case analysis by issuing a blanket rule that timely warnings will be issued for all reports of any given Clery reportable crime. Requests from an outside law enforcement agency to refrain from issuing a timely warning is insufficient grounds on its own for not issuing or delaying the issuing of a timely warning, unless the Chief of Police concurs that by issuing a timely warning, an identified risk can be articulated that would compromise the law enforcement efforts of the outside agency investigating the crime to gather evidence and/or apprehend suspect(s).

The case-by-case analysis will involve reviewing relevant factors including, but not limited to, the following, if known:

• The timing of the report: shortly after the occurrence of the crime vs. days or weeks after the occurrence of the crime, i.e., a "cold report"
• Physical injury to the victim
• Use of weapons
• Forced entry used and/or tools used in commission of the crime.
• A suspect was arrested or incapacitated by injury.
• A suspect that is identified or otherwise can be located by law enforcement.
• A suspect that is out of the area
• A victim who fears for their safety from the suspect
• A clear modus operandi and/or pre-planning indicated.
• Multiple suspect(s) involved.
• A pattern of similar crimes was established.
• The possible risk of compromising law enforcement efforts, such as gathering evidence and/or apprehend suspect(s), if a warning was issued.

Additional Considerations

The Clery Director (or management designee) shall notify the Campus president, as soon as practicable, that a timely warning will be or has been issued.

The Chief of Police (or management designee) is responsible for collaborating with surrounding law enforcement agencies to encourage them to share information with University Police Department (UPD) about crimes reported to local law enforcement that occur in Clery Geography.

Nothing in this policy precludes Campuses from maintaining a Campus policy about informing, re-publicizing and/or sharing with the Campus community crimes or other informational notices, (e.g., traffic advisories, events, prevention information) the Campus deems may be of interest to the Campus community. Such a policy is separate and distinct from the Timely Warning Policy. Such notices must differ in appearance or be distributed in a manner that assures that members of the community understand such notices are different from a timely warning notification required by the Clery Act; members of the Campus community should not be misled to believe such notices are timely warnings.

Contents of a Timely Warning

When a timely warning is issued it shall be entitled "Timely Warning Crime Bulletin" and contain the following:

• A statement that reads, "This Timely Warning Bulletin is being issued in compliance with the Jeanne Clery Act and the purpose is to provide preventative information to the Campus community to aid members from becoming the victim of a similar crime."
• Identify the Clery reportable crime that occurred (i.e., rape, burglary, motor vehicle theft, arson, etc.)
• The date, time, and location the crime occurred
• The date the Timely Warning Bulletin is issued
• Description of the suspect when deemed appropriate, and if there is sufficient detail. Only include a description of the suspect when the descriptors provided by the reporting party could reasonably lead to conclusive identification of the perpetrator(s)
• At least three preventative tips or points of information specifically related to the circumstances of the crime which occurred that could help others from becoming the victim of a similar crime
• The phone number of UPD and a statement encouraging community members to report all information about crimes to UPD
  If appropriate, the phone number of support services

The Timely Warning shall not include, under any circumstances, the name of the victim, or information so specific (i.e., specific address or dorm room number or floor) that would or likely could identify the victim of the crimes of Sexual Violence, Rape, Dating Violence, Domestic Violence, or Stalking. Timely Warning Bulletins should use gender-inclusive and culturally appropriate language and avoid victim blaming and bias language.

Methods of Distribution听

Timely warnings will be distributed as quickly as possible in a manner that will likely reach the entire Campus community. Distribution methods vary from Campus to Campus and include, but are not limited to, any of the following:

• All employee and student email distribution
• University website
• Public area video display monitors
• Hard copies posted on Campus building entrance doors
• Press Release

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

If it is determined that any of the three factors are not met, then no timely warning will be issued. If it is determined that all three factors are met, the Chief of Police (or management designee in the absence of the Chief) will determine the content of the timely warning bulletin, disseminate the timely warning expeditiously in a manner likely to reach the entire campus community utilizing one or more, and not limited to, the following methods to issue the timely warning bulletin:

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

This list is not intended to be exhaustive or intended to prioritize the method of distribution. The Chief of Police will confer with the Clery Director (or management designee), if available, to determine the most appropriate method(s) to distribute a Timely Warning. In the absence of the Clery Director (or management designee), the Chief of Police will determine the appropriate method of distribution. Campuses are required to maintain a list of the methods of distribution for timely warnings and include said list in the Campus's Annual Security Report.

This policy describes the procedures that will be used to immediately notify the Campus community upon the confirmation of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students and/or employees occurring on the Campus, as required by the Clery Act.

Any member of the Campus community with information believed to constitute a significant emergency or a dangerous situation that poses an imminent or immediate threat shall report the information to University Police Department (UPD) and/or by calling "911." Examples include, but are not limited to, the following types of incidents:

• Severe weather warning (e.g., flash flooding, tsunami, hurricane, etc.)
• Environmental emergency within an on-campus facility (e.g., hazardous chemical spill, fire, earthquake, building collapse)
• Criminal activity with an imminent threat to Campus community (e.g., active shooter, murder, fleeing suspect with a weapon)
• Public Health Emergency (e.g., measles outbreak, swine flu outbreak, etc.)

Once UPD has received the report, the Chief of Police (or management designee) will, without delay and taking into account the safety of the community, confer with any appropriate public official (e.g., fire chief, health department) and any Campus officials responsible for managing the on-campus emergency, if available, to confirm both: 1) a legitimate emergency or dangerous situation exists impacting on-Campus geography, and 2) the emergency or dangerous situation poses an immediate or imminent threat to members of the on-campus community. This confirmation process may include, but is not limited to, visual observation, officer investigation, the assistance of key Campus administrators, local or Campus first responders, and/or official government reporting through agencies such as the National Weather Service.

If both of the above factors are not met, no emergency notification is required. If it is determined that both of the above factors are met, then an emergency notification as described below shall be issued. The Chief of Police and/or the Clery Director (or management designee) will prepare the content of the notification and determine which members of the Campus community are threatened and need to be notified. The content of the message will be developed based on a careful but swift analysis of the most critical facts.

Once the notification is prepared, the Chief of Police and/or the Clery Director (or their management designees) will, without delay and taking into account the safety of the community, transmit the emergency notification unless doing so would delay the ability to mitigate and/or contain the emergency, including the ability to provide immediate, life-saving measures. If an emergency notification is issued, a timely warning is not required for the same incident.

Contents of the Emergency Notification

The emergency notification shall contain the following information:

• A statement as to what the emergency or dangerous situation is, in specific terms (e.g., chemical spill, active shooter, building fire)
• A statement providing direction as to what actions the receiver of the message should take to ensure their own safety
• A statement as to where or when additional information may be obtained

The Chief of Police and/or Clery Director (or management designees) will provide updates to the emergency notification with pertinent updates or directions to persons for their safety when new information becomes available. Updates will be provided in regular intervals until the emergency has been mitigated or no longer poses an imminent threat, e.g., fire is out, and the building has reopened.

Methods of Distribution

Emergency Notifications will be distributed as quickly as possible in a manner that will likely reach the segment(s) of the on-campus community threatened by the emergency. Segmentation will be considered by the Chief of Police (or management designee) by evaluating which persons are likely to be at risk based on the circumstances at the time and notifying those persons. Segmentation should not be considered if making this determination would delay issuing the emergency notification. The Chief will determine if notification to the larger community is appropriate. Distribution methods, including distribution to the larger community, vary from Campus to Campus and, depending on the nature of the emergency, may include:

• A Campus mass notification system, including but not limited to phone, Campus email, or text messaging. Systems should provide currently enrolled students, faculty and staff the ability to adjust their subscription preferences to select multiple contact methods from text messages, emails, and phone calls, or if desired, to 'opt out' of the service and not receive any notifications².

  脳

  ²
  CSUDH鈥檚 Emergency Notification System is called Toro Alerts. Toro Alerts are initiated by the Chief of Police and/or Clery Director. The notification has a clear description of the emergency, instructions on what to do, and information on where or when additional updates will be available. The notification will be sent out via the ToroAlert Mass Notification system, which sends notifications via voice call, SMS, and email.

• Audio/visual message boards
• Audible alarms/sirens
• Campus public address systems
• In-person or door-to-door notifications in a building or residence halls
• Local media
• Social media
• Other means appropriate under the circumstances, which campuses shall disclose in their ASRs as applicable.

Testing and Evacuation System

Testing of the Emergency Notification System and evacuation will be done at least once annually. The Tests may be announced or unannounced. Tests must be scheduled, contain drills, exercises and appropriate follow-through activities, and be designed for assessment and evaluations of emergency plans and capabilities. However, the campus emergency response and evacuation procedures will be publicized in conjunction with at least one test per calendar year. Each Test will be documented to include a description of the exercise, the date of the Test, the start and end times of the Test, and whether the Test was announced or unannounced. The describes these Tests and defines responsibility for their completion. A copy of the documentation will be provided to the Clery Director.

Student and employees who need information on how to add contact information to be included for emergency notification (Toro Alerts) or to remove information and 鈥渙pt out鈥� of notifications on personal devices should visit /Assets/csudh-sites/dhpd/emergency-preparedness/toroalert-instructions-new.pdf or call the campus Emergency Manager at (310) 243- 2751 for assistance. Non-State employees should visit /Assets/csudh-sites/dhpd/emergency-preparedness/toroalert-signup-form-new.pdf to sign up for Toro Alerts. The Chief of Police or the Clery Director, if one is designated, or in their absence, the management designee(s) will provide follow-up notifications and information until the emergency is mitigated and no longer poses a threat. If an emergency notification is issued, a timely warning will not be issued to the community for the same incident.

The CSUDH Police Department provides 24-hour patrol of university property, including academic and administrative buildings, parking lots, and residence halls. Security and safety conditions on campus are continually evaluated by University Police Department personnel. Most campus buildings and facilities are accessible to members of the campus community, guests, and visitors, Monday through Saturday until 10 p.m., and as certain special events dictate. The University recognizes that there will be some need for after-hours and weekend access to buildings. Anyone working late or on weekends should notify the University Police Department. Furthermore, to get access to buildings, Facilities Services provides key and fob access to employees upon written authorization of the employee鈥檚 manager. If a person needs access to a specific room/building, they fill out a key request and get it approved by their supervisor/manager. That supervisor/manager then submits the paperwork to the Lock Shop. If the keys that are being requested are grandmasters and unlock many doors/buildings, then they require a VP to also sign off. Prior to separation from university employment or any other activities for which key and fob access is granted, all such items must be returned in compliance with campus procedures. Some offices, labs, computer rooms, and other areas of campus have alarms. All staff and faculty are encouraged to secure offices and classrooms. Access to University housing apartments is limited to residents, their guests, and University staff. (Inventory consists of apartment style and traditional residence hall). The entire University Housing community keycard is accessible 24/7, and only residential student keycards are used.

On a as needed basis, Facility Services electric shop performs repairs and maintains all power supplied to the entire campus, which includes the main campus and student housing building. Electrical shop maintains all light fixtures and all electrical services required to power building equipment. The Central Plant makes rounds to see if any repairs and maintaining needs to be done for the campus buildings, walkways, roadways, and general infrastructure, and performs other related safety inspections. This is done on a daily, monthly, and annual basis, depending on the frequency detailed for each area. Daily or as needed, Facilities Services lock shop manages the campus master key system. The lock shop maintains campus door locks, new electronic locks, standard keyed locks, office file cabinets, drawers, padlocks, etc. The lock shop also removes broken keys, completes core changes, and provides lock set repairs. Also handles issues related to automatic door initial response problems, completes door closure repairs, completes repairs to building exit door hardware, and conducts preventive maintenance. Batteries contained in electronic locks are changed out on biannual basis.

Persons employed and compensated as members of a UU直播 police department, when so appointed and duly sworn, are peace officers. However, such peace officers shall not exercise their powers or authority³ except (a) at the headquarters or upon any campus of the UU直播 and in an area within one mile of the exterior boundaries of each campus or the headquarters, and in or about other grounds or properties owned, operated, controlled, or administered by the UU直播, or by trustees or the state on behalf of the UU直播, and (b) as provided in Section 830.2 of the Penal Code.

The arrest authority outside the jurisdiction of the CSU Police Department includes (Penal Code 搂 830.2(c); Penal Code 搂 836):

1. When the officer has probable cause to believe the person committed a felony.
2. When the officer has probable cause to believe the person has committed a misdemeanor in the presence of the officer and the officer reasonably believes there is immediate danger to the person or property or of escape.
3. When the officer has probable cause to believe the person has committed a misdemeanor for which an arrest is authorized, even if not committed in the presence of the officer, such as certain domestic violence offenses, and there is immediate danger to the person or property or of escape or the arrest is mandated by statute.
4. When authorized by a cross-jurisdictional agreement with the jurisdiction in which the arrest is made.
5. In compliance with an arrest warrant.

On duty, arrests will not generally be made outside the jurisdiction of this department except in cases of hot or fresh pursuit, while following up on crimes committed within the State, or while assisting another agency.

On duty officers who discover criminal activity outside the jurisdiction of the State should, when circumstances permit, consider contacting the agency having primary jurisdiction before attempting an arrest.

UU直播 encourages accurate and prompt reporting of crime. All members of the Campus community are encouraged to promptly contact the UPD and/or other appropriate police agencies when they have been the victim of or have witnessed criminal actions, including when the victim of crime elects to or is unable to make such a report.

It is the policy of the CSUDH Police Department to comply with applicable federal, state, and local laws. In keeping with this requirement, a memorandum of agreement (MOA) has been crafted with the Los Angeles County Sheriff鈥檚 Department. The MOA establishes agreed-upon jurisdictional boundaries and procedures for criminal investigations that occur on campus. The Department prepares and submits a monthly Uniform Crime Report to the California Department of Justice and the Federal Bureau of Investigation. The Department also enters reported stolen vehicles and property with serial numbers into the National Crime Information Center computer, allowing for recovery throughout the United States.

As an active member of the criminal justice system, the University Police Department interacts and cooperates with other state and local law enforcement agencies. Cases are filed with the Los Angeles County District Attorney. Information may also be given to the Office of Student Affairs Vice President for an internal judicial process involving students.

The University requests that all crimes or suspected crimes be reported accurately and promptly to the University Police Department and/or the appropriate law enforcement agency where the crime occurred, including when the victim elects to or is unable to make a report.

Two police investigators are assigned full-time to follow up on crime and incident reports. They are responsible for follow-up investigations, apprehending suspects, recovering property, preparing cases for filing, and making crime prevention recommendations.

There are very limited circumstances in which investigators of the University Police Department may remove reports of crime that have been determined as 鈥渦nfounded.鈥� "Report Unfounded" shall only be indicated within the department鈥檚 records management system when:

• The crime or incident alleged in the original report did not occur or did not occur in the Department鈥檚 jurisdiction. The same crime or incident has been reported more than once. (The most accurate and thorough crime report shall be retained. Any additional report should be unfounded).
• "Specific intent" is a necessary element of the original crime, and the district attorney, city attorney, or Investigations Unit commander determines those investigative efforts have failed to prove that specific intent exists.

Members of the CSUDH community must take responsibility for their own personal safety, the safety of others, and their property (when possible), as they do when away from the University. Members of the community are strongly encouraged and reminded by the University Police to:

• Promptly report all crimes and suspicious persons or activity to University Police.
• Always be aware of your personal safety and your surroundings.
• Never leave your property unattended and lock windows to your car, office, and residence.
• Always double-check your doors and windows to ensure they are completely closed and locked before you go to sleep or leave your room or residence.
• Keep all valuables with you or leave them at home.
• Walk on well-traveled pathways and in well-lit and populated areas. Walk with friends or groups when possible.
• Call the University Police for a safety escort if you feel afraid or need to walk in isolated areas or at times when areas are unpopulated or closed.

There are no Noncampus residential locations permanently owned or controlled by officially recognized student organizations. UPD will send letters to collect information about crimes reported to the law enforcement agency with jurisdiction over non-campus locations that are controlled intermittently or on an occasional basis and discloses the information obtained in its crime statistics. For crimes occurring at off-campus locations, the law enforcement agency with jurisdiction in that area should be contacted. UPD does not actively patrol or monitor criminal activity in real-time at any non-campus locations owned or controlled by officially recognized student organizations. This includes non-residential locations owned or controlled by officially recognized student organizations.

University Police Officers enforce laws regulating the use of alcoholic beverages and underage drinking. CSUDH is committed to maintaining a safe and healthy environment for the campus community. Alcohol and other drugs should not interfere with the University鈥檚 educational mission. All CSUDH students, faculty members, staff members, and administrators are subject to local, state, and federal laws regarding the unlawful possession, distribution, or use of alcohol or illegal drugs.

Presidential Memorandum PM99-04, Section 5 outlines campus policy on alcohol and drugs: The unlawful manufacture, distribution (by either sale or gift), dispensing, possession or use of alcohol or a controlled substance is prohibited anywhere on the campus of UU直播, Dominguez Hills. Actions that will be taken against those who violate this prohibition are delineated elsewhere in this policy. For this policy, the term 鈥渃ontrolled substance鈥� has the meaning given such term in Section 102 of the Controlled Substances Act (21 U.S.C. 802) and includes, but is not limited to, marijuana, cocaine, cocaine derivatives, heroin, 鈥渃rack,鈥� amphetamines, barbiturates, LSD, PCP, and substances typically known as 鈥渄esigner drugs鈥� such as 鈥渆cstasy鈥� or 鈥渆ve.鈥� Possession of paraphernalia associated with the illegal use, possession, or manufacture of a controlled substance is also prohibited. The illicit use of alcohol is also included in this policy.

Policy Goal: CSUDH has a responsibility to maintain an educational environment conducive to academic achievement. The prohibition of illicit drugs and alcohol abuse helps to assure students, faculty and staff, visitors, and guests that the university is exercising this responsibility.

Policy Statement: The unlawful manufacture, distribution (by either sale or gift), dispensing, possession, or use of alcohol or a controlled substance is prohibited anywhere on the campus of CSU Dominguez Hills (except possession within the privacy of individual living units in University Housing for residents 21 years of age and older). Actions that will be taken against those who violate this prohibition are delineated elsewhere in this policy.

For this policy, the term-controlled substance has the meaning given such term in Section 102 of the Controlled Substances Act (21 U.S.C. 802) and includes, but is not limited to, marijuana, cocaine, cocaine derivatives, heroin, "crack" cocaine, amphetamines, barbiturates, LSD, PCP, and substances typically known as "designer drugs" such as MDMA (commonly known as Molly or Ecstasy). Possession of paraphernalia associated with the illegal use, possession, or manufacture of a controlled substance is also prohibited. The illicit use or abuse of alcohol is also included in this policy.

Authority: The President has designated the Vice President for Enrollment Management and Student Affairs to act in all matters pertaining to the enforcement of this policy regarding students; the Provost and Vice President for Academic Affairs to act in all matters pertaining to the enforcement of this policy regarding faculty; and the Vice President for Administration and Finance to act in all matters pertaining to the enforcement of this policy for all other employees. In all cases of alleged violations of this policy, the State University Police Chief will be contacted. The authority of the University President supersedes that of all other authorities, excluding the State University Police.

Disciplinary Actions and Penalties: Disciplinary action imposed by the university will not be in lieu of penalty, fines, or imprisonment imposed through the legal system.

Disciplinary action for students, which may include penalties up to and including expulsion, will comply with procedures established in CSU Executive Order 1098.

For employees, appropriate personnel action will be taken within 30 days and may include penalties up to and including termination. Disciplinary action for employees will be conducted in accordance with current collective bargaining agreements and HEERA procedures.

Dissemination: Under this policy, there will be an annual distribution of the following information by Enrollment Management and Student Affairs, Academic Affairs, and Administration & Finance to each student and employee:

1. A statement of standards of conduct that clearly prohibit, at a minimum, the unlawful possession, the use or distribution of drugs and alcohol by students and employees on CSUDH property;
2. A description of the applicable legal sanctions under local, state, and federal law for unlawful possession, use, or distribution of illicit drugs and alcohol;
3. A description of the health risks associated with the use of illicit drugs and alcohol;
4. A description of drug and alcohol counseling, treatment, and rehabilitation programs available to students and employees.
5. This institution will impose sanctions on students and employees and a description of these sanctions, up to and including expulsion or termination of employment and referral for prosecution for violations of the standards of conduct.
6. The campus alcohol statement is available at the campus website .

All new employees will be notified of this policy at the time of employment as well as annually.

Evaluation: A biennial review of this policy and related programs will be conducted by the Office of Student Life; Procurements, Contracts, Logistical and Support Services; Vice President for Enrollment Management and Student Affairs; Foundation; Student Union; the Campus Alcohol and Awareness Coordinating Team; State University Police; and University Housing to:

1. Determine its effectiveness and implement changes to programs if they are needed; and;
2. Ensure that the policy and its disciplinary processes and sanctions required by paragraph IV are consistently enforced.

Alcohol: The purpose of the policy is to regulate the possession and consumption of alcohol on campus by members of the University Community and by recognized University organizations and departments. The privilege of consuming beer or wine is extended with the expectation that these activities are to be held under conditions which complement the orderly operation of the University. Off campus groups and organizations contracting with the University for use of facilities are also subject to these regulations.

The possession, sale, and serving or use of distilled spirits on campus is always prohibited except within the privacy of individual living units in University Housing. The possession, sale, serving or use of beer or wine on campus is also always prohibited, except as allowed under the alcoholic beverage license managed by the CSUDH Foundation Campus Dining Services or within the privacy of individual living units in University Housing.

The use of alcoholic beverages must follow California state law and is strictly limited to persons 21 years of age or older. The possession, transportation, and/or consumption of alcohol by individuals under 21 years of age is strictly prohibited. Students who are 21 or older may consume alcohol within the privacy of their own room or apartment and without the presence of a minor. In such cases, the doors must be closed and all other policies governing noise and other common courtesies must be followed. No one, regardless of age, may have an open container of alcohol in a public area of the campus, including grounds and parking lots, at any time. No kegs or other communal sources of alcohol are permitted in or around University Housing. It is not appropriate within any Housing facility to plan, host, or attend any group event or activity that includes alcohol use.

University Housing residents are responsible for their own actions as well as the actions of their guest(s). University Housing residents are sent the Housing Policies and Regulations via email, during orientation, and during the first meetings of each semester.

Drugs: The University Police strictly enforce Federal and State laws, as well as the University鈥檚 zero-tolerance policy, for possession, use and sale of illicit drugs. Violators are subject to university discipline, criminal prosecution, and removal from university housing. Students found in violation of university alcohol, drug and weapons policies may be subject to academic probation, suspension, or expulsion. Parents or guardians may be notified about any disciplinary violation involving alcohol or a controlled substance which has been committed by a student who is under the age of 18. Employees found in violation are subject to disciplinary sanctions, up to and including termination.

Federal law, state law, and University policy prohibit the solicitation, procurement, sale, or manufacture of narcotics or controlled substances except as expressly permitted by law. Any student known to be possessing, using, or distributing drugs is subject to serious University disciplinary action and arrest under federal and state laws. Students suspected of using drugs (because of odor, behavior or by information brought to the attention of staff) will be documented and subject to a disciplinary action.

Health Risk: Excessive use of alcohol or illicit drugs can cause many harmful health conditions. Short term health risk can involve acute injuries, episodes of violence, alcohol poisoning, drug overdoses, risky sexual behaviors, miscarriages, stillbirths, or fetal alcohol spectrum disorder in women who are pregnant.

Long term health risk can lead to the development of chronic diseases such as high blood pressure, heart disease, stroke, liver disease, and digestive problems, cancer, weakening of the immune system, learning and memory problems, mental health problems, social problems, and alcohol use disorders or dependance.

Treatment Available:

Students

Short-term counseling is available; Health and Psychological Services, Student Health Center, (310) 243- 3818.

Faculty & Staff

An employee assistance program is available to all full and part-time employees and their family members. The University maintains a contract with LifeMatters by Empathia. Expert assistance is available 24 hours a day at 1-800-367-7474 or .听

• University Sanctions
  Disciplinary action imposed by the University will not be in lieu of penalty, fines, or imprisonment imposed through the legal system. Disciplinary action for students, which may include penalties up to and including expulsion, will comply with the procedures established in Executive Order 1098 and outlined in the Students' Rights and Responsibilities on the Student Conduct web site at /student-conduct/.

For employees, appropriate personnel action will be taken within 30 days and may include penalties up to and including termination. Disciplinary action for employees will be conducted in accordance with current collective bargaining agreements and HEERA procedures.

Disciplinary Sanctions for Alcohol and Drugs

In addition to legal sanctions to include but not limited to misdemeanor or felony charges, fines, and jail time, students who violate University policies on alcohol and drugs are in violation of the Student Conduct Code and may be subject to discipline pursuant to Executive Order 1098. While a minor first infraction may result in a warning, subsequent infractions will result in substantial sanctions up to and including expulsion. While students possessing legally prescribed marijuana may be free from criminal prosecution under California law, they are, nonetheless, required to adhere to the Student Conduct Code. Students who are in possession of legally prescribed cannabis are not exempt from the University鈥檚 prohibition against the manufacture, possession, or use of marijuana on campus, or off campus while on university business or participating in university sponsored functions.

• Residents living on campus in residential facilities are subject to community standards of conduct. Repeated violation of alcohol and other drug policies in residential facilities constitutes a violation of the University Housing Policies and Regulations and a breach of the housing lease, which could result in the imposition of various sanctions, up to and including the cancellation of the lease agreement.
• Student athletes are subject to strict prohibitions against the unauthorized use of alcohol and other drugs while on or off-campus and in any way that influences performance or preparations, therefore. Violation of the policies and standards of student conduct as issued by the Department of Intercollegiate Athletics constitutes grounds for disciplinary action as determined by the Department, up to and including the termination of status as an athlete. For further information about the rules of student conduct, contact the Director of Intercollegiate Athletics.

Employees who violate University policies on alcohol and other drugs shall be subject to warning or discipline, up to and including termination, in accordance with the processes administered by the Office of Human Resource Services or the Office of Faculty Affairs.

The University Policy on the Possession and Consumption of Alcohol

The purpose of the policy (PM 99- 04, Section 1) is to regulate the possession and consumption of alcohol on campus by members of the university community and by recognized university organizations and departments. The privilege of consuming beer or wine is extended with the expectation that these activities are to be held under conditions which complement the orderly operation of the university. Off-campus groups and organizations contracting with the university for use of facilities are also subject to these regulations.

The possession, sale, serving, or use of distilled spirits on campus is always prohibited except within the privacy of individual living units in University Housing. The possession, sale, serving, or use of beer or wine on campus is also always prohibited, except as allowed under the alcoholic beverage license managed by the CSUDH Foundation Campus Dining Services or within the privacy of individual living units in University Housing.

California state law imposes criminal penalties for the possession or use of alcoholic beverages by persons under 21 years of age and for persons who furnish, give, sell, or cause to be sold, furnished, or given away, any alcoholic beverage to a person under the age of 21 (State Alcoholic Beverage Control Act. Sections 25658- 25665).

This policy is promulgated under the authority of the California Education and Administrative Codes, subsequent resolutions and standing orders of the Board of Trustees and Administrative Codes, subsequent resolutions and standing order of the Board of Trustees and Chancellor of the UU直播, and responsibility of the President of the university for the general welfare of the campus.

Further details of this policy may be found here.

"Serving" means to give away or provide at no cost. "Sale" means to give or exchange for money, tickets, tokens, or anything else of value, directly or indirectly. "Appropriate university official" shall include a University Police officer or the administrator assigned to be present at the event or his/her designee. Or if the occasion should require it, any administrator senior to the designee may be present. "Closed Catered Events" means events catered by the Campus Dining Services that are by invitation only.

University Housing Alcohol Policy

Students who are 21 or older may consume alcohol within the privacy of their own University Housing apartment and without the presence of a minor. In such cases the doors must be closed and all other policies governing noise and other common courtesies must be followed. No one, regardless of age, may have an open container of alcohol in a public area, including the grounds and parking lot, at any time. No kegs or other communal sources of alcohol are permitted in or around University Housing. It is not appropriate within any Housing facility to plan, host, or attend any group event or activity which includes alcohol use. The ability to exercise care for one鈥檚 safety or the safety of others due in whole or part to alcohol consumption is considered a violation of policy. University Housing residents are responsible for their own actions and the actions of their guest(s).

The University Police strictly enforce federal and state laws regarding the use and sale of illegal drugs. Violators are subject to university discipline, criminal prosecution, and/or removal from University Housing. Students found in violation of the university's alcohol, drug, or weapons policies may be subject to academic probation, suspension, or expulsion. Parents or guardians may be notified about any disciplinary violation involving alcohol or a controlled substance that has been committed by a student who is under the age of 21.

Resources 鈥� Alcohol and Drugs

Campus Life Policies may be found on the Student Conduct website under the section on Rights and Responsibilities. These policies are also published in the "Students Rights and Responsibilities Handbook" by the Office of Student Development. The Campus Life Policies includes policies on possession and consumption of alcohol, amplified sound, anti-hazing, campus events, alcohol and substance abuse, campus smoking, casino night, dance policies and procedures, free drawing, free speech area, gambling, outdoor programming, posting policy, and unsupervised minors.

The University has established programs that serve to raise the level of safety awareness on the campus community. These programs include:

• New Student Orientation Program (Each Semester)
• Resident Advisors Training Program (Each Semester)
• Residence Hall Meetings
• Alcohol and drug abuse programs (Drug awareness and DUI prevention)
• On-Line Intervention Tools: Info available through Police and Residential Life
• Disciplinary Probation

Employee Assistance Program (EAP): Whether the source of the problem is psychological, chemical, marital, family or workplace related, this service puts an employee or their dependents in touch with a skilled counselor who has training and experience in helping people. Counseling may range from a no- cost support group to private counseling. When assistance is requested, no information is reported to supervisors, deans, chairs, or the Human Resources Department.

• Student Health and Psychological Services SHC A141, (310) 243-3818 HHRC/Integrated Insights 1- 800-342-8111

For more information, please visit:
/dhpd/programs-services/drug-free-campus/
/student-conduct/campus-policies/alcohol-and-substance-abuse-policy/

The UU直播 (CSU) is committed to maintaining a safe living, learning, and working environment through systemwide policies and a variety of campus educational programs provided to Students and Employees. The CSU prohibits all forms of Sex-based Harassment, including Sexual Harassment, Dating Violence, Domestic Violence, Sexual Misconduct, Sexual Assault, Sexual Exploitation, Stalking, and Retaliation. The CSU provides programs to prevent, educate, and promote awareness of these topics, in accordance with the Nondiscrimination Policy.

Dating Violence, Domestic Violence, Sexual Assault, Sexual Exploitation, and Stalking are also crimes as defined by 34 C.F.R. 搂 668.46, and California law.

The CSU provides comprehensive programming, initiatives, strategies, and campaigns intended to raise awareness and prevent discrimination, harassment, and violence before they occur using a range of strategies with audiences throughout the CSU community. The CSU鈥檚 prevention programs are ongoing, comprehensive, and include:

• A diverse range of programs, strategies, and delivery modalities.
• Community-wide and audience-specific programs and strategies.
• The promotion of behaviors that foster healthy relationships, encourage safe bystander intervention, and establish social norms that support health and safety.
• Increasing knowledge, awareness, and understanding of topics of Discrimination, Harassment, Sexual Harassment, Dating Violence, Domestic Violence, Sexual Misconduct, Sexual Assault, Stalking, and Sexual Exploitation.
• Information and resources to prevent violence, reduce prevalence, and promote safety and a culture of respect.
• Skills-based development.
• Community education and engagement.
• Collaboration with key stakeholders to strengthen programs designed to support individuals and communities and to improve reporting and institutional response systems.

Each university must include primary prevention and awareness training for Students as follows: (1) Within 30-days of the start of the semester for all new Student⁴;(2) refresher programs at least annually for all Students; (3) An additional training, twice a year for all Students who serve as advisors in residence halls. This training shall generally occur once during the Fall semester and once during the Spring semester. The training should be specific to the role of a resident hall advisor; (4) An additional training annually for all Student members of fraternities and sororities. This training should be customized for fraternity and sorority members; (5) An additional training annually for all Student athletes.

Each university must assess which recognized Student organizations participate in activities that may place Students at risk and ensure that they receive at least one additional supplemental training per year, designed to focus on the unique factors associated with the group鈥檚 programs or activities. Examples of activities that may place Students at risk may include:

• Traveling on overnight trips
• Hosting events where alcohol is served
• Activities where physical touch is involved (sports clubs, dance clubs, theater organizations, etc.)

Ongoing prevention and awareness campaigns for all Students will also be conducted. All prevention education, training, and awareness programs must be consistent with the applicable CSU policy and state and federal regulations.

To ensure that all Students receive the necessary information and training enumerated above on Discrimination, Harassment, and Violence, universities must track and monitor Student training completion rates. Universities should consider appropriate incentives for Students who timely complete the training and impose consequences, such as registration holds, on Students who fail to participate in and complete such mandatory training. Likewise, consequences should be imposed on Student groups that have been selected for customized training and whose members do not complete the training. Student training completion rates will be assessed by the Chancellor鈥檚 Office during its regular Civil Rights Compliance Program Review process.

Training for Employees

Each university must include primary prevention and awareness training for Employees, as follows:

1. Within three months of their initial hiring for all new Employees.
2. Annually, for all Employees, consistent with their role in reporting and responding to incidents.
3. An additional training annually for all athletic coaches and staff.
4. An additional training, twice a year for all Employees who supervise advisors in residence halls or who otherwise have responsibilities for responding to incidents that occur in on-campus housing. This training shall generally occur once during the Fall semester and once during the Spring semester.

Each university must assess data involving Employees, programs, and departments for the purpose of identifying any systemic or other patterns of behavior involving Discrimination, Harassment, and Violence. Where such patterns exist, the university must ensure that Employees receive any additional training, education, and/or corrective measures as deemed appropriate by the Title IX Coordinator/DHR Administrator. This should include periodic live trainings (in-person or synchronous) for Employee organizations, groups, and other audiences who have been determined to benefit from such training.

1. What constitutes Discrimination, Harassment, Retaliation, Sexual Misconduct, Sexual Assault, Dating Violence, Domestic Violence, Sexual Exploitation and Stalking under the Nondiscrimination Policy and applicable state and federal laws.
2. The rights and responsibilities of each Employee relating to Discrimination, Harassment, Retaliation, Sexual Misconduct, Sexual Assault, Dating Violence, Domestic Violence, Sexual Exploitation and Stalking including the duty to report and exceptions.
3. The prohibition against Retaliation against individuals who report Discrimination, Harassment, Retaliation, Sexual Misconduct, Dating Violence, Domestic Violence, Sexual Exploitation and Stalking.
4. The procedures provided under the Nondiscrimination Policy for filing, investigating and resolving a complaint.
5. The option and method for filing complaints with external government agencies such as the Office of Civil Rights (OCR), the California Civil Rights Department (CRD) and the Equal Employment Opportunity Commission (EEOC).

Under Cal. Govt. Code 搂 12950.1, each campus shall provide supervisory Employees at least two hours of interactive sexual harassment training within six months of the Employee's assignment to a supervisory position and every two years thereafter. Each campus shall maintain documentation of the delivery and completion of these trainings. For detailed guidance regarding the definition of "supervisor" and the implementation of this training, campuses shall consult Coded Memoranda HR 2005-35 and other applicable policies.

Ongoing prevention and awareness campaigns for all Employees will also be conducted. All prevention education, training, and awareness programs must be consistent with the applicable CSU policy and state and federal regulations.

To ensure that all Employees receive the necessary information and training enumerated above on Discrimination, Harassment, and Violence, universities must track and monitor Employee training completion rates. Universities should follow the procedures in the applicable collective bargaining agreements for Employees who fail to participate in and complete such mandatory training. Employee training completion rates will be assessed by the Chancellor鈥檚 Office during its regular Civil Rights Compliance Program Review process.

Prevention and Awareness Programming

The CSU provides primary prevention programs to all incoming students and new employees. The CSU also provides ongoing prevention programs to all students and employees during their time at the institution. To comply with CSU Policy and 34 C.F.R. 搂668.46., university-specific programs to prevent dating violence, domestic violence, sexual misconduct/sexual assault, sexual exploitation, and stalking will include:

1. A statement that the CSU prohibits dating violence, domestic violence, sexual misconduct/sexual assault, sexual exploitation, and stalking as defined under CSU policy and 34 C.F.R. 搂668.46.
2. The definitions of 鈥渄ating violence,鈥� 鈥渄omestic violence,鈥� 鈥渟exual assault,鈥� and 鈥渟talking鈥� in the applicable jurisdiction, California (California Penal Code) and the definitions under CSU policy (to also include the CSU policy definition of 鈥渟exual exploitation鈥�).
3. The definition of 鈥渃onsent,鈥� in reference to sexual activity, in the applicable jurisdiction, California (California Penal Code), and the definition of 鈥渁ffirmative consent鈥� under CSU policy.
4. Common facts and myths about the causes of sexual misconduct/sexual assault.
5. A description of safe and positive options for bystander intervention, as exemplified below.
6. Information on risk reduction, exemplified below.
7. Information regarding campus, criminal, and civil consequences of engaging in acts of sexual misconduct/sexual assault, sexual exploitation, dating and domestic violence, and stalking.
8. Information about reporting, adjudication, and disciplinary procedures as required by 34 C.F.R. 搂668.46 and as described in the procedures under the CSU Nondiscrimination Policy.

Information UU直播 Campus Reporting, Adjudication, and Discipline Procedures

University training programs will reference the procedures outlined in the Nondiscrimination Policy that govern if an incident of Discrimination, Harassment, or Violence occurred. Training programs will also reference information about preserving evidence, reporting to the appropriate authorities, confidentiality options, and available protective and supportive measures.

Each University must apply the applicable CSU policy and procedures when responding to all reports of Discrimination, Harassment, or Violence and provide clear, consistent, and equitable procedures, prompt and equitable resolution of complaints, and prohibit retaliation.听 Each University shall establish processes to provide a print and/or digital copy of the "Rights and Options for Victims鈥� as outlined in the Nondiscrimination Policy to any community member who reports experiencing such harm, regardless of whether the incident occurred on or off campus.

University training programs regarding the procedures for reporting and addressing reports of Discrimination, Harassment, or Violence will include the following:

• A statement explaining that the campus's primary concern is the safety of members of the campus community.
• That the use of alcohol or drugs never makes the victim/survivor at fault for Discrimination, Harassment, or Violence
• Students who experience or witness Discrimination, Harassment, or violence should not be deterred from reporting incidents out of a concern that they might be disciplined for related violations of drug, alcohol, or other CSU policies
• Students who experience or witness Discrimination, Harassment, or Violence shall not be subject to discipline for related violations of conduct policies at or near the time of the misconduct unless the violation is egregious (including actions that place the health or safety of any other person at risk or involve plagiarism, cheating, or academic dishonesty.)
• A statement that the Nondiscrimination policy prohibits retaliation⁵
  脳

  ⁵
  Retaliation is defined in Article V of the Nondiscrimination Policy

• What someone should do if they have experienced or witnessed discrimination, Harassment, or Violence.
• Individuals to whom incidents may be reported, along with information regarding what degree of confidentiality may be maintained by those individuals.
• The availability of, and contact information for, campus and community resources for victims/survivors.
• A description of campus and systemwide policies and disciplinary procedures available for addressing alleged violations and the consequences of violating these policies, including the fact that such proceedings shall:
  • Provide a prompt, fair, and impartial investigation and resolution; and,
  • Be conducted by officials who receive annual training on issues related to sexual misconduct/sexual assault, sexual exploitation, dating or domestic violence, or stalking and how to conduct an investigation and hearing process that protects the safety of victims/survivors and promotes accountability.
• The fact that the Complainant and the Respondent will be afforded the same opportunities to have others present during a disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the Advisor of their choice.
• The fact that both the Complainant and the Respondent shall be simultaneously informed in writing of:
  • The outcome of any disciplinary proceedings that arise from an allegation of sex discrimination, sexual harassment, sexual misconduct/sexual assault, sexual exploitation, dating or domestic violence, or stalking.
  • The CSU鈥檚 procedures for the Complainant or Respondent to appeal the results of the disciplinary proceeding.
  • Any change to the disciplinary results that occurs prior to the time such results become final.
  • When disciplinary results become final.
• Possible sanctions or remedies the campus may impose following the final determination of a campus disciplinary procedure regarding Sex-based Harassment, including sexual Harassment, Sexual misconduct/sexual assault, sexual exploitation, dating violence, domestic violence, or stalking.
• How the campus will protect the confidentiality of Complainants, including how publicly available records (e.g., campus Clery reports) are maintained without the inclusion of identifying information about the Complainant to the extent permissible by law.
• That all students and employees must receive written notification about existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available for victims/survivors, both on campus and in the community⁶.
  脳

  ⁶
  UU直播, Dominguez Hills complies with this requirement by providing this information to the campus community in writing each year through CSULearn assignment.

  .
• That all students and employees who report being a victim/survivor of sexual misconduct, sexual assault, sexual exploitation, dating violence, domestic violence, or stalking must receive written notification of available assistance in, and how to request changes to academic, living, transportation, and working situations, if requested and if such accommodations are reasonably available, regardless of whether the victim/survivor chooses to report the incident to campus police or local law enforcement.
• Procedures victims/survivors are recommended to follow if sexual misconduct/sexual assault, sexual exploitation, dating violence, domestic violence, or stalking has occurred, as well as the fact that the following written information must be provided to victims:
  • The importance of preserving evidence following an incident of sexual misconduct, sexual assault, sexual exploitation, dating violence, domestic violence, or stalking, which may also be used to obtain a temporary restraining or other protective order.
  • The name and contact information of the campus Employee(s) to whom the alleged incident should be reported.
  • Reporting to law enforcement and campus authorities, including the option to: (a) notify law enforcement authorities, including on-campus and local police; (b) be assisted by campus authorities in notifying law enforcement authorities if the victim so chooses; and (c) decline to notify such authorities.
  • Where applicable, the rights of victims/survivors and the campus鈥檚 responsibilities regarding orders of protection, no contact directives, restraining orders, or similar lawful orders issued by a criminal, civil, or tribal court.

听The CSU provides community members with information and strategies for risk reduction designed to decrease perpetration of Discrimination, Harassment, and Violence, and to promote bystander intervention and healthy relationships, empower marginalized voices, and support victims/survivors. Information and strategies for risk reduction help promote safety and help individuals and communities address conditions that facilitate violence.

The CSU is committed to maintaining a safe campus for all members of the CSU community. Risk reduction strategies are focused on creating a culture of respect, reducing the risk for perpetration and for victimization. It is important to emphasize that only those who engage in sexual misconduct/sexual assault, dating violence, domestic violence, sexual exploitation, and stalking are responsible for those actions. With this in mind, an understanding of the following principles promotes a caring community and mitigates personal risk.

Sexual Misconduct/Sexual Assault

• Communication is key to healthy relationships and healthy sexual interactions. Obtain Affirmative Consent from your partner for all sexual activity.
  • Affirmative Consent means an informed, affirmative, conscious, voluntary, and mutual agreement to engage in sexual activity.
  • 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.
  • Affirmative Consent, once given, can be withdrawn or revoked at any time.
  • Affirmative Consent to sexual activity in the past does not mean consent in the future 鈥� there must be voluntary consent for all sexual activity.
  • Lack of protest, resistance, or mere silence does not equal Affirmative Consent.
  • 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 the minor consents to the sexual activity.
• Do not engage in sexual activity with someone who is incapacitated.
  • A person who is incapacitated by alcohol or drugs cannot give Affirmative Consent.
  • A person who is unconscious or asleep cannot give Affirmative Consent.
  • A person鈥檚 own intoxication or incapacitation does not diminish their responsibility to obtain Affirmative Consent from any person with whom they engage in sexual activity.
• Signs that someone does not respect the importance of consent:
  • They pressure or guilt you into doing things you may not want to do.
  • They suggest you 鈥渙we鈥� them something (including sexual acts) because you鈥檙e dating or because they have done or claim to have done something for you.
  • They react negatively with sadness, anger, or resentment if you don鈥檛 consent to something or don鈥檛 do so immediately

[Source: ]

Dating/Domestic Violence

Common signs of abusive behavior in a relationship

According to the National Domestic Violence Hotline, one feature shared by most abusive relationships is that an abusive partner tries to establish or gain power and control through many different methods at different moments. Even one or two of the following behaviors is a red flag that a partner may be abusive.

• Showing extreme jealousy of friends or time spent away from a partner.
• Preventing or discouraging one鈥檚 partner from spending time with friends, family members, or peers.
• Insulting, demeaning, or shaming a partner, especially in front of other people.
• Preventing one鈥檚 partner from making their own decisions about working or attending school.
• Controlling finances in the household without discussion, including taking a partner鈥檚 money or refusing to provide money for necessary expenses.
• Pressuring one鈥檚 partner to have sex or perform sexual acts they are not comfortable with.
• Pressuring a partner to use drugs or alcohol.
• Threatening to harm or take away a partner鈥檚 children or pets.
• Intimidating one鈥檚 partner with weapons.
• Destroying a partner鈥檚 belongings or home

If you notice warning signs in your relationship or that of someone you care about, remember there are support resources available on your campus, including individuals with whom you can speak confidentially and who can assist you with making a safety plan. A good starting place for a list of resources is your campus Title IX webpage. You can also contact the National Domestic Violence Hotline at 1.800.799.SAFE (7233), which is free and confidential.

[Source: ]

Abusive behaviors can be difficult to recognize in a relationship, even if you are the one engaging in them. In addition to some of the common signs of abusive behavior outlined above, ask yourself if your partner:

• Seems nervous around you,
• Seems afraid of you,
• Flinches, cringes, or retreats when you are emotional,
• Seems scared or unable to contradict you or speak up around you and/or
• Restricts their own interactions with friends, family, coworkers, or others in order to avoid upsetting you.

If you recognize the behaviors above in yourself or in how your partner reacts, these could be signs that you are hurting them. This can be a difficult realization to come to, but it鈥檚 vital that you do so if you want to change and stop harming your partner. By acknowledging that your actions are harmful and taking responsibility for them, you can continue to progress on the path toward correcting them.

You could consider contacting the psychological counseling center on your campus to speak with a counselor confidentially, or you could contact the National Domestic Violence Hotline at 1.800.799.SAFE (7233), which is free and confidential.

[Source: ]

Stalking

Respecting boundaries
If someone tells you that they do not want you to contact them or do something like visit their home or send them gifts, or if they have stopped interacting with you, respect their choice. Everyone has the right to set boundaries.

Recognizing stalking behaviors

A person who engages in stalking may:

• Repeatedly call or send other unwanted communication such as text messages, emails, social media messages, letters, etc.
• Follow the person and seem to 鈥渟how up鈥� wherever they are.
• Send unwanted gifts.
• Damage home, car, or other property.
• Monitor phone calls or computer use.
• Drive or linger near the home, school, or work of the person they are stalking.
• Use other people to try and communicate with the person they are stalking, like children, family, or friends.

[Source: ]

Below are some tips from the Stalking Prevention Awareness and Resource Center (SPARC) regarding steps one can take if they are experiencing stalking.

• Trust your instincts 鈥� if you/someone feels they are in immediate danger or fear the threat of harm, call 911.
• Keep a record or log of each contact with the stalker.
• Save evidence when possible, such as emails, text messages, postings on social media, etc.

There are support resources available on each CSU campus, including individuals with whom individuals can speak confidentially and who can assist in making a safety plan and/or seeking a protective order. A good starting place for a list of resources is your campus Title IX/DHR webpage.

Bystander Intervention

The CSU provides training on safe and positive options that may be carried out by an individual or individuals to prevent harm or intervene when there is a risk of sexual misconduct, sexual assault, sexual exploitation, dating violence, domestic violence, or stalking. Bystander intervention includes recognizing situations of potential harm, understanding institutional structures and cultural conditions that facilitate violence, overcoming barriers to intervening, identifying safe and effective intervention options, and taking action to intervene. Information about bystander intervention is included in a variety of prevention, outreach, and awareness programs across the CSU.

Bystander Education encourages employees and students to:

• Notice the Event
• Interpret the Event as a Problem
• Assume Personal Responsibility
• Learn How to Help
• And Step Up by utilizing the 鈥�4 Ds鈥� 鈥� Direct, Distract, Delegate, and Delay
  • o Direct 鈥� Directly addressing the situation.
  • o Distract 鈥� Making a simple (or elaborate) distraction to diffuse the situation.
  • o Delegate 鈥� Finding someone else to address the concern.
  • o Delay 鈥� Checking in with the person after to see if you can do anything to support them.

CSU Policy Definitions

Definitions of conduct that is prohibited under CSU policy are found in . These definitions are applicable in relation to the University鈥檚 administrative process. The Policy definitions for prohibited conduct that may also constitute a crime may differ from the criminal law definitions (California) found in Appendix A.

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. This same information is provided in writing to all students and employees within the CSU Policy Prohibiting Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation, and as part of annually assigned training. A written explanation of rights and options is provided to all students and employees, regardless of whether the offense occurred on or off campus.

This written notice (annually to all students and employees, and specifically to complaints as outlined above) includes the information below, including:

• Supportive measures
• Rights and options available throughout the reporting process and/or the duration of any formal or informal complaint resolution process, including campus and criminal reporting options, available advocates, preserving evidence, medical Care and treatment, and protective orders.
• Existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available

You have the right to be offered and receive reasonably available support services and supportive measures, available both on and off campus. You do not have to file a formal complaint or a criminal complaint in order to receive support services and/or supportive measures. Supportive services and supportive measures include but are not limited to counseling, victim/survivor advocates, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, 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, transportation accommodations, and other similar measures. The Title IX Coordinator, University Police Department, and victim/survivor advocate on your campus can provide some of these services directly and/or provide you with information about and a referral to these and additional resources on and off campus for support. CSUDH鈥檚 procedures for disciplinary actions in cases of alleged dating violence, domestic violence, sexual assault, or stalking are provided in writing as well.

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.

The following is a list of on-campus, off-campus, and community resources that offer a variety of services in the areas of victim advocacy, counseling, health, mental health, legal assistance, visa and immigration assistance, student financial aid, and other areas. Campus advocates can help provide information about and referral to any of these resources if requested. These resources are available to victims/survivors whether or not they choose to make a criminal or administrative report.

Confidential Resources On-Campus

Non-Confidential Resources On-Campus

Law Enforcement Resources

Community, National, Global Resources

Regardless of whether a victim/survivor decides to maintain confidentiality, these individuals will still assist victims/survivors in receiving other necessary protection and support, such as victim advocacy, medical, mental health services, and/or legal services. However, these individuals may have limited ability to assist a victim/survivor with university academic support or accommodations or changes to university-based living or working schedules, as such accommodations likely require the involvement of other University officials.

For Title IX accommodation supportive measures requests, students may contact the CSUDH Title IX Coordinator.

CSUDH Title IX Coordinator: Nallely Lopez
Email: nalopez@csudh.edu
Phone: (310) 243-3619
Location: Welch Hall, Suite 478
Address: 1000 East Victoria Street, Suite 478, Carson, CA 90747

or reports may also be made to the Office of Equity & Inclusion by submitting the online reporting form, found at www.csudh.edu/equity/report-incident.

Reporting to University Administration

Complaints of discrimination, harassment, sexual misconduct, and sexual assault, dating and domestic violence, sexual exploitation, and stalking may be addressed through the University administrative process⁷. A complainant or reporting party can report an incident to the University by contacting the Title IX Coordinator on their campus. A complainant has the right to have a support person present with them while making a complaint.

The University will protect the privacy of everyone involved in a report to the greatest degree possible under applicable law and University policy. Personally identifiable information about the involved parties will be shared only on a need-to-know basis, e.g., to those who are investigating/adjudicating the report or those involved in providing support services. By only sharing personally identifiable information with individuals on a need-to-know basis, the University will maintain as confidential any supportive measures and remedies provided to the parties, to the extent that maintaining such confidentiality would not impair the ability of the University to provide supportive measures and remedies.

The CSU does not publish the names of victims/survivors or other identifiable information regarding victims/survivors in the Daily Crime Log or in the crime statistics that are disclosed in the Annual Security and Fire Safety Report. Furthermore, if a Timely Warning is issued on the basis of a report of sexual assault, dating violence, domestic violence, sexual exploitation, or stalking, the name of and other personally identifiable information about the victim/survivor will be withheld.

Victims/survivors are encouraged to preserve all physical evidence, including but not limited to clothing worn during the assault, bed sheets, and/or photos of any injuries. This evidence may be helpful in proving that a crime occurred in the event the victim/survivor chooses to report now or in the future. It may also be helpful in obtaining a court-ordered protective or restraining order. If a victim/survivor does not have any evidence preserved, they still have the option to report the crime and request a medical evidentiary examination.

Victims/survivors of sexual misconduct, sexual assault, sexual exploitation, stalking, dating violence, and domestic violence are also encouraged to preserve evidence by saving text messages, instant messages, social networking pages, other communications, pictures, logs, or other copies of documents that may be useful to University investigators or police should the victim/survivor decide to report now or in the future.

If your physical safety is at imminent risk, we encourage you to seek immediate assistance from the police.

Some forms of misconduct prohibited under the Nondiscrimination Policy may also be prohibited by law. You have a right to be informed of law enforcement options and information regarding the availability of a criminal or civil prosecution for victims of crime.

It is a victim鈥檚/survivor鈥檚 choice to report a crime. You have the right to report or decline to report an incident to law enforcement. You have the right to not be forced, coerced, or pressured into reporting to law enforcement.

A victim/survivor may report an incident to law enforcement at any time. In the event of an emergency where immediate assistance is required, a victim/survivor should dial 9-1-1 to be connected with the nearest police department. If there is no emergency, victims/survivors can file a police report at any time in the jurisdiction where the assault occurred. A confidential victim advocate can assist the victim/survivor in filing the report if requested.

Victims/survivors of crimes such as sexual assault, sexual exploitation, stalking, dating violence, domestic violence, abuse, threats of abuse and/or serious harassment all have a right to petition the court in the appropriate jurisdiction for a protective order (also referred to as a restraining order).

Your Campus Advocate, University Police Department and Title IX Coordinator are all able to provide you with more information about pursuing criminal prosecution, civil prosecution and/or protective orders.

A victim/survivor of specific offenses [enumerated in California Government Code (b)(1)] has the right to request to be listed as a confidential victim in a law enforcement agency鈥檚 report. Being listed as a confidential victim in a law enforcement agency鈥檚 report prevents the law enforcement agency from disclosing the confidential victim鈥檚 name and address as a matter of public record. However, the confidential victim鈥檚 information can be released to the prosecutor, parole officers of the Department of Corrections and Rehabilitation, hearing officers of the parole authority, probation officers of county probation departments, or other persons or public agencies where authorized or required by law. Please see California Penal Code section 293 for more information.

Employees of the University Police Department have a duty to report to the Title IX Coordinator / DHR Administrator any time they know or have reason to know of incidents that may violate this Nondiscrimination Policy, so that the Title IX Coordinator or DHR Administrator can carry out their duties under the law and under this Nondiscrimination Policy.

At a minimum, the information to be reported includes all the information authorized to be disclosed under the law in response to records requests, but without requiring a formal request⁸. 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 involved⁹.

For certain sex offenses¹⁰ the victim has the right to affirmatively request from University Police, after being informed of their options, that the victim's identity remain confidential¹¹. 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. 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.

Civil Reporting Options & Protective Orders

A victim/survivor may choose to file a civil lawsuit against the alleged offender, whether or not criminal charges have been filed. A civil lawsuit provides an opportunity to recover actual money damages, which may include compensation for medical expenses, lost wages, pain, suffering and emotional distress. An Advocate can assist a victim/survivor with identifying the necessary steps and processes for filing a lawsuit if requested.

Court-Ordered Restraining Orders听

A victim/survivor may choose to obtain a restraining order (such as a domestic violence restraining order or a civil harassment restraining order). Restraining orders must be obtained from a court in the jurisdiction where the incident occurred. Restraining orders can help protect a victim/survivor who has experienced or is reasonably in fear of physical violence, sexual violence, domestic violence, dating violence, and stalking.

Emergency Protective Order (EPO)

An Emergency Protective Order (EPO) is a type of restraining order that only law enforcement can ask for by calling a judge. Typically, this is done by an officer responding to the scene of a domestic violence incident. Judges are available to issue EPOs 24 hours a day. The EPO takes effect immediately and can last up to seven calendar days. The judge can order the alleged abuser to leave the domicile and stay away from the victim and their children for up to a week. This provides the victim with time to go to court to request a temporary restraining order.

Temporary Domestic Violence Restraining Order (TRO)

A TRO is a type of protective order. In order to obtain one, the victim/survivor must fill out paperwork explaining the facts and why a protective order is needed. If a judge agrees that protection is needed, the judge will issue a temporary restraining order. Temporary restraining orders usually last until the court hearing date, typically 20 to 25 days after the petition is filed.

Criminal Protective Order (CPO)

When there is a claim that a domestic violence incident occurred, a criminal charge (or charges) may be filed by a prosecutor (such as the City Attorney or District Attorney) against the person who allegedly committed the criminal act. The prosecutor commonly asks a judge to issue a Criminal Protective Order while the criminal case proceeds. A CPO typically requires the defendant (the person who allegedly committed the criminal act) to stay away from and not to hurt, threaten, or communicate with the victim/accuser. If the defendant is convicted of or pleads guilty to the criminal charge(s), the CPO may last for up to ten years after the case is over.

Civil Harassment Restraining Order

This type of court order is available to individuals who have been harassed by any of the following: a neighbor, roommate (as long as no dating/romantic relationship existed or exists), friend, family member more than two degrees removed (e.g., an aunt/uncle, niece/nephew, cousin, or more distant relative), stranger, or another person not closely related to the victim of the harassment.

An individual who has been civilly harassed by a current or former spouse/partner, or someone with whom a dating/romantic relationship existed, or a close relative (parent, child, brother, sister, grandmother, grandfather, in-law) may qualify for a domestic violence restraining order but would not qualify for a civil harassment restraining order.

The CSU, Restraining Orders and Protective Orders

The CSU complies with California law in recognizing restraining orders and protective orders. If you obtain a restraining order a copy should be provided to your campus Police Department. In order to comply with the restraining order, Title IX Coordinators, DHR Administrators, Advocates and/or the University Police Department on your campus may assist with setting up escorts, establishing special parking arrangements, changing classroom or employment locations, or additional measures as needed. Victim/Survivor Advocates on your campus can offer assistance with obtaining a restraining order.

Disciplinary procedures for sexual misconduct/sexual assault, sexual exploitation, dating, and domestic violence, and stalking will provide a prompt, fair, and impartial process and resolution outlined in the following excerpts from the ¹². As required by law, the excerpts in this Annual Security Report capture the steps, decision-makers, and anticipated timelines for both formal and informal resolution processes, as applicable. For details beyond the steps, decision-makers, and anticipated timelines, please see the policy.

The campus Title IX Coordinator is the designated administrator to receive reports of Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation.

To file a disciplinary complaint on your campus, students may contact the CSUDH Title IX Coordinator:

CSUDH Title IX Coordinator: Nallely Lopez
Email: nalopez@csudh.edu
Phone: (310) 243-3619
Location: Welch Hall, Suite 478
Address: 1000 East Victoria Street, Suite 478, Carson, CA 90747

or reports may also be made to the Office of Equity & Inclusion by submitting the online reporting form, found at www.csudh.edu/equity/report-incident.

Complaints alleging violations of this Nondiscrimination Policy against a President, Title IX Coordinator / DHR Administrator, the Chancellor, or member of the Board of Trustees will be made to the Office of Civil Rights Programming & Services at CO-Complaints@calstate.edu. Any person may report an alleged violation of the Nondiscrimination Policy.

Reports may be made at any time, and individuals are encouraged to report an alleged violation of the Nondiscrimination Policy regardless of how much time has passed. The University's ability to interview witnesses and otherwise investigate or act, however, may be limited by various factors, including the passage of time, fading witness memories, and/or preservation of evidence. 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 described in the report.

The University's primary concern is the safety of the campus community. Any person who reports an alleged violation of the Nondiscrimination Policy should discuss any concerns about safety with the Title IX Coordinator/DHR Administrator.

The Nondiscrimination 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.

Any Student who participates as a Complainant or witness in a Complaint process (including investigation or hearing) relating to Sexual Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, or Stalking will not be disciplined 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. The University may, however, take other appropriate action, including having an educational discussion with the students. Egregious conduct includes but is 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 CSU has adopted grievance procedures that provide for the prompt and equitable resolution of Complaints made by Students, Employees, designated officials, or other individuals who are participating or attempting to participate in its education programs, activities, or employment and allege any action that would be prohibited by this Nondiscrimination Policy. The following describes the appropriate procedures for investigating or resolving Complaints that fall under this Nondiscrimination Policy for Complaints that allege conduct that occurred on or after August 1, 2024.

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

Simultaneous Written Notification听

Communication with the Parties regarding a Complaint, an investigation, or a hearing 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, 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 provide. 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 to the Complainant and the Respondent at the same time.

Outreach to Complainant听

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 conduct that may be prohibited by the Nondiscrimination Policy (e.g. Discrimination, Harassment, Sexual Misconduct, Sexual Harassment, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, Prohibited Consensual Relationship, or Retaliation.)
2. A description of the role of the Title IX Coordinator/DHR Administrator.
3. 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.
4. 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.
5. Information regarding counseling, resources, and potential Supportive Measures.
6. An explanation of how the University responds to reports of Nondiscrimination Policy violations and a description of potential disciplinary consequences.
7. A summary of the investigation procedures.
8. A statement regarding the importance of preserving evidence.
9. A statement that the Complainant may, but is not required to, report to law. enforcement any allegations that could constitute criminal behavior.
10. A statement that retaliation for making a Complaint or participating in a Complaint process is prohibited by the Nondiscrimination Policy.

In addition to the information provided in the outreach communication, the Title IX Coordinator/DHR Administrator will provide Complainants alleging Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, or Stalking with the information in Attachment D - Rights and Options for Victims of Sexual Misconduct/Sexual Assault, Sexual Exploitation, Dating and Domestic Violence, And Stalking.

Initial Assessment & Intake Meeting

The Title IX Coordinator/DHR Administrator will offer to conduct an intake meeting with any Complainant who responds to outreach communication or otherwise makes a report of a potential Nondiscrimination Policy violation to discuss the Complainant's options, explain the available processes (including informal resolution and the formal complaint resolution process), and provide information about Supportive Measures. The Title IX Coordinator/DHR Administrator will consider the need for a follow-up meeting with the Complainant, as appropriate. Any subsequent investigation will include an interview with the Complainant conducted by the assigned investigator. The investigatory interview will be intended to build upon and clarify the information provided during intake.

All persons involved in implementing these procedures (e.g., the campus Title IX Coordinator and any Deputy Title IX Coordinator(s), Investigators, Human Resource Directors and Hearing Officers presiding over hearings) shall have relevant annual training on issues related to Sex Discrimination, Sexual Harassment, Sexual Misconduct, Sexual Exploitation, Dating and Domestic Violence, and Stalking. Such annual training shall include the CSU complaint processes, as well as the handling, investigation, and analysis of complaints of Sex Discrimination, Sexual Harassment, Sexual Misconduct, Sexual Exploitation, Dating and Domestic Violence, and Stalking. The annual training shall also address applicable confidentiality issues, especially with respect to the Title IX Coordinator's duty to weigh any victim's request for confidentiality against the duty to provide a safe and nondiscriminatory environment for all members of the campus community. For matters involving Sexual Misconduct, Sexual Exploitation, Dating, and Domestic Violence, and Stalking, the training shall also include how to conduct an investigation and hearing process that protects the safety of the person(s) involved and promotes accountability.

The Complainant and Respondent may choose to be accompanied by one Advisor of their choice, who may be but is not required to be, an attorney or a union representative during meetings or any stage of the Complaint process.

Confidentiality Requests and Requests Not to Investigate听

Confidentiality Requests

The University will maintain confidentiality of reports, Complaints, and associated processes whenever possible. When necessary, to protect the campus community and to facilitate investigations and/or Supportive Measures, certain information may be shared on a "need-to-know" basis. Therefore, the University cannot guarantee confidentiality.

Requests not to Investigate

When a Complainant requests that no investigation occur, the Title IX Coordinator/DHR Administrator will balance the request against the University's duty to provide a safe and non-discriminatory environment for all members of the campus community. 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.

The Title IX Coordinator/DHR Administrator will consider, at a minimum:

1. The Complainant's request not to proceed with initiation of a Complaint;
2. The Complainant's reasonable safety concerns regarding the initiation of a Complaint;
3. The risk that additional acts of prohibited conduct would occur if a Complaint is not initiated;
4. The severity of the alleged prohibited conduct, including whether the conduct, if established, would require the removal of a Respondent from campus or imposition of another Disciplinary Sanction to end the alleged prohibited conduct and prevent its recurrence;
5. Whether the Respondent poses an imminent threat to the campus community, which may include violence, threats of violence, use of a weapon, physical restraints, or unwanted physical contact.
6. The age and relationship of the Parties, including power imbalance
7. The scope of the alleged conduct, including information suggesting a pattern (such as multiple or prior reports of misconduct against the Respondent), ongoing conduct, or conduct alleged to have impacted multiple individuals;
8. Whether the University is able to conduct a thorough investigation and obtain relevant evidence without the Complainant's cooperation;
9. The availability of evidence to assist a decisionmaker (Investigator or Hearing Officer) in determining whether the alleged prohibited conduct occurred;
10. Whether the University could end the alleged prohibited conduct and prevent its recurrence without initiating the formal complaint resolution process; and
11. For Employee Complainants, the University will also consider its obligation to maintain a safe work environment in determining whether an investigation is necessary.
    
    1. The Title IX Coordinator/DHR Administrator will document the basis for the decision to initiate or to not initiate the investigation based on this assessment criteria.

Decision to Proceed with Complaint

Based on the assessment criteria above, the Title IX Coordinator/DHR Administrator has the discretion to initiate an investigation without the Complainant's participation.

When the Title IX Coordinator/DHR Administrator decides to proceed with an investigation without the Complainant's participation, the Title IX Coordinator/DHR Administrator will make the Complaint on behalf of the University. The Title IX Coordinator/DHR Administrator will remain neutral in applying the Nondiscrimination Policy and these Procedures. In these cases, the Title IX Coordinator/DHR Administrator will provide the impacted party with the same notices, updates, and opportunities to participate as the Respondent throughout the investigation and, where applicable, hearing process, unless the impacted party confirms in writing that they do not want to receive these communications and do not wish to participate in the process. The impacted party may rescind this notice at any time in writing to the Title IX Coordinator/DHR Administrator.

When the Title IX Coordinator/DHR Administrator initiates an investigation without the Complainant's participation, 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. At the Complainant's request, the Title IX Coordinator/DHR Administrator will inform the Respondent that the Complainant asked the University not to investigate or seek discipline.

A Student Complainant will not be required to participate in an investigation if they do not wish to do so.

Decision not to Proceed with Investigation

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 prohibited conduct 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. Reasonable steps will be taken to provide for the safety of the 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.

The University will offer and coordinate Supportive Measures as appropriate for the Complainant and/or Respondent to restore or preserve that person's access to the University's education programs, activities, and employment or to provide support during the University's formal complaint resolution process or during the informal resolution process. Supportive Measures may include but are not limited to, counseling; extensions of deadlines and other course-related adjustments; changes to employee reporting line; campus escort services; increased security and monitoring of certain areas of the campus; restrictions on contact applied to one or more Parties; leaves of absence; changes in class, work, housing, or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative; and training and education programs related to prohibited conduct.

The Title IX Coordinator/DHR Administrator will describe and offer Supportive Measures to Complainants during the initial assessment (even if no Complaint is made or the Complaint is ultimately not investigated), and to Respondents during an initial meeting.

The Title IX Coordinator/DHR Administrator is responsible for coordinating the effective implementation of Supportive Measures if requested and reasonably available.

Review of Supportive Measures (Applies only to Reports or Complaints of Sexual Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, or Stalking)

A Complainant or Respondent may request modification or reversal of a decision to provide, deny, modify, or terminate Supportive Measures applicable to them.

This request will be reviewed by an appropriate and impartial Employee:

1. If the original decision about Supportive Measures was made by a person with authority delegated by the Title IX Coordinator/DHR Administrator, the review will be conducted by the Title IX Coordinator/DHR Administrator.
2. If the original decision about Supportive Measures was made by the Title IX Coordinator/DHR Administrator, the review will be conducted by a Systemwide Director for Civil Rights.

If the reviewer determines that the decision to provide, deny, modify, or terminate the Supportive Measure was inconsistent with the Nondiscrimination Policy鈥檚 requirements, expectations, or standards for Supportive Measures, they may modify or reverse the decision. In making this determination, the reviewer should consider:

1. Do the Supportive Measures unreasonably burden a Complainant or Respondent?
2. Are the Supportive Measures punitive?
3. Are the Supportive Measures reasonably available and restore access to the CSU鈥檚 programs, activities, or employment?
4. Are the Supportive Measures being offered or provided during the informal resolution process or formal complaint resolution process?

A Complainant or Respondent may also seek additional modification or termination of a Supportive Measure applicable to them if circumstances change materially by contacting the Title IX Coordinator / DHR Administrator.

The University will not share information about any Supportive Measures with anyone other than the person to whom they apply, including informing one Party of Supportive Measures provided to another Party, unless necessary to provide the Supportive Measure or restore or preserve a Party鈥檚 access to the CSU鈥檚 education programs, activities, or employment, or when otherwise required by state or federal law.

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 needed to protect health and safety or to preserve the integrity of the investigation, the University will issue an interim no-contact directive, which may be unilateral (prohibiting the Respondent from contacting the Complainant) or mutual (prohibiting the Parties from contacting each other) while the investigation is pending.

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 a University 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 (applicable to 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 Nondiscrimination Policy has been violated and a mutual no-contact directive is already in effect, unless there are extenuating circumstances, the no-contact directive will promptly be converted to a unilateral no-contact directive (applicable only to the Respondent).
4. Any no-contact directive (whether mutual or unilateral) will be delivered to both Parties in writing 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 (applicable to both Parties), or unilateral (only applicable to the Respondent).
5. 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 Nondiscrimination Policy, the matter will be referred to the Title IX Coordinator/DHR Administrator.

In considering the reasonableness and terms of a requested no-contact directive, the Title IX Coordinator/DHR Administrator may consider various factors, including the need expressed by the Complainant or Respondent; the ages of the Parties involved; the nature of the allegations and their continued effects on the Complainant or Respondent; whether the Parties continue to interact directly in the University's education program or activity, including through student employment, shared residence or dining facilities, class, or campus transportation; and whether steps have already been taken to mitigate the harm from the Parties' interactions, such as implementation of a civil protective order.

Criminal Complaints and Concurrent Investigations听

Complainants will be informed during the intake meeting of their right to make a criminal complaint with University police or other appropriate law enforcement agencies. 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 University's investigation. The University will typically not wait until the conclusion of a criminal investigation to begin its own investigation. Although it may be necessary to temporarily delay the investigation while law enforcement is gathering evidence, once notified that law enforcement has completed the fact-gathering portion of their investigation, the University 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.

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 the Student Conduct Process 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 ongoing assessment and implementation occurs.

Transcript Notations

If a Respondent withdraws, transfers, or disenrolls from the University pending an investigation or disciplinary proceeding concerning a violation of the Nondiscrimination Policy, transcript notations may be appropriate and will be addressed under the Student Conduct Process. As appropriate to the situation, the University may place an administrative hold on registration transactions, release of records, and transcripts of a Student who has been sent written notice of a pending investigation or disciplinary matter concerning that Student and may withhold awarding a degree otherwise earned until the completion of the investigation or disciplinary process, including the completion of all sanctions imposed.

When the Title IX Coordinator/DHR Administrator receives a Complaint, they 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 does not allege facts with enough specificity or include conduct that would, even if true, constitute a violation of the Nondiscrimination Policy. These determinations will be documented in writing by the Title IX Coordinator/DHR Administrator and maintained in accordance with systemwide records retention policies.

When more than one Complainant or more than one Respondent is involved, references in these Procedures to a Party, Complainant, or Respondent include the plural, as applicable.

Complaints Accepted for Investigation听

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.

Complaint Not Accepted for Investigation听

If the Title IX Coordinator/DHR Administrator determines that the Complaint does not allege a violation of the Nondiscrimination 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 may 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.

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 University from reasonably gathering evidence necessary to reach a determination as to the Complaint or part of the Complaint.
3. The University will notify the Parties in writing of the dismissal, that a dismissal may be appealed, and will provide the Parties with an opportunity to appeal the dismissal of a Complaint.

The appeal must be submitted within 10 working days from the date of the notice of dismissal. Dismissals may be appealed on the following bases:

1. Procedural irregularity occurred that would have likely changed the outcome of the decision to dismiss;
2. New evidence that was not reasonably available at the time of the dismissal and would have likely changed the outcome of the decision to dismiss; or
3. The Title IX Coordinator, investigator, or decision-maker had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that would change the outcome.

Appeals will be submitted to the Civil Rights Appeals Unit at the Chancellor's Office and will be addressed to:

Civil Rights Appeals Unit Office of the Chancellor

401 Golden Shore Long Beach, California 90802

Email: CO-Appeals@calstate.edu

1. If a Party is unable to submit an appeal or a response to an appeal electronically, they should contact the campus Title IX Coordinator/DHR Administrator for assistance.
2. When an appeal is submitted, the Civil Rights Appeals Unit 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 Civil Rights Appeals Unit's receipt of the appeal, the Civil Rights Appeals Unit will notify the Parties (via email and at the same time) of its decision.
3. The Civil Rights Appeals Unit will not consider evidence that was not introduced to the campus during the Complaint review process unless the new evidence was not reasonably available at the time of the Complaint review.
4. The Civil Rights Appeals Unit has the discretion to extend the timelines for the dismissal appeal process for good cause or for any reasons deemed to be legitimate by the Civil Rights Appeals Unit. This includes the time for filing an appeal and the time for the Civil Rights Appeals Unit to respond to the appeal. The Civil Rights Appeals Unit 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.
5. The Civil Rights Appeals Unit appeal response is final and concludes the discretionary dismissal process under these Procedures.

颁辞苍蝉辞濒颈诲补迟颈辞苍听

The University may consolidate Complaints against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one Party against another Party, when the allegations arise out of the same or substantially similar facts or circumstances. The Title IX Coordinator/DHR Administrator will determine whether a Complaint should be consolidated (subject to FERPA and other applicable privacy laws). In addition, during the course of the investigation, the investigation may reveal the existence of additional or different violations of the Nondiscrimination Policy, which may also be consolidated following notification to the Parties. Depending on the timing and circumstances, the Title IX Coordinator/DHR Administrator retains discretion to resolve Complaints using the same investigator or following the resolution of the initial Complaint, such as through appropriate Disciplinary Sanctions.

Student Grade Appeals

Grade appeals that allege a violation of the Nondiscrimination Policy proceed under the campus procedures per CSU Grading, Repetition of Courses, Academic Renewal, and Appeals Policy (or any superseding policy) and under these Procedures as follows:

1. 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.
2. The determination of whether a violation occurred under the Nondiscrimination 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.

Informal Resolution

The Parties may voluntarily choose to participate in an informal resolution process to resolve an alleged violation of the Nondiscrimination Policy. The filing of a formal Complaint is not required to initiate the informal resolution process.

General Principles听

The Title IX Coordinator / DHR Administrator has the discretion to determine whether it is appropriate to offer an informal resolution process and may decline to allow informal resolution despite the request of one or more of the Parties.

Circumstances when the Title IX Coordinator/DHR Administrator may decline to allow informal resolution, include but are not limited to a determination that the alleged conduct would present a future risk of harm to others.

The Title IX Coordinator/DHR Administrator will conduct or oversee the informal resolution process and conduct an initial and ongoing assessment as to whether the process should continue.

Prior to approving an informal resolution, the Title IX Coordinator/DHR Administrator will consult with the appropriate administrator responsible for discipline.

The Title IX Coordinator/DHR Administrator will make the final determination on all informal resolution processes regarding whether the terms agreed to by the Parties are appropriate considering all of the circumstances of the Complaint.

When the informal resolution process is offered, and to the extent necessary, the Title IX Coordinator/DHR Administrator will also take other appropriate prompt and effective steps to ensure that the alleged violations of the Nondiscrimination Policy do not continue or recur within the University's education programs, activities, or employment.

Neither Party will be required or pressured to participate in an informal resolution process. The Title IX Coordinator/DHR Administrator must obtain the Parties' voluntary written consent to participate in the informal resolution process and must not require waiver of the right to an investigation and determination of a Complaint as a condition of enrollment or continuing enrollment, employment or continuing employment, or exercise of any other right.

The person facilitating the informal resolution process must not be the same person as the Investigator or the Hearing Officer in the formal complaint resolution process. A Title IX Coordinator/DHR Administrator may facilitate the informal resolution process. When the Title IX Coordinator/DHR Administrator facilitates the informal resolution process, they cannot serve as the Investigator. In addition, any informal resolution agreements facilitated by the Title IX Coordinator/DHR Administrator must be signed by the assigned Systemwide Director for Civil Rights.

Any person facilitating an informal resolution process will receive appropriate training and must be free from a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent.

Notice of Informal Resolution Process

Before beginning the informal resolution process, the Title IX Coordinator/DHR Administrator will explain in writing to the Parties:

1. The allegations;
2. The requirements of the informal resolution process;
3. That any Party has the right to withdraw from the informal resolution process and begin or continue with the formal complaint resolution process at any time before agreeing to a resolution;
4. The Parties' right to consult with an Advisor;
5. Any resolution must be in writing and signed by both Parties and the Title IX Coordinator/DHR Administrator;
6. That if the Parties agree to a resolution at the end of the informal resolution process, they cannot begin or continue with the formal complaint process in relation to the same allegations;
7. The potential terms that may be requested or offered in an informal resolution agreement, including notice that an informal resolution agreement is binding only on the Parties; and
8. What information the University will maintain and whether and how the University could disclose such information for use in the formal complaint resolution process if such procedures begin or resume.

Potential Terms

Potential terms that may be included in an informal resolution agreement include, but are not limited to:

1. Apology, written or verbal;
2. Relocation or removal from University provided housing, subject to availability;
3. Changes in academic arrangements, such as changing class sections or locations;
4. Changes in work schedules or locations;
5. Limitations on or agreements related to participation in and/or presence in/at events, extracurricular activities, student organizations, recreational facilities, athletics, etc.
6. Participation in and/or successful completion of alcohol or drug education or counseling;
7. Participation in counseling services for mental or behavioral health;
8. Participation in specific educational opportunity or training;
9. Voluntary educational, mentoring, coaching, or counseling sessions, which may or may not include stipulations, such as proof of successful completion or statement of active participation from the mentor / coach / counselor;
10. Verbal counseling or warnings;
11. Collaborative agreements on behavioral or institutional changes;
12. No-contact directives, or other restrictions on contact, communication, and/or interactions between the Parties;
13. Restrictions on Respondent's movement or access to specific locations at the University;
14. Alternative seating arrangements for graduation;
15. Complainant sharing of an impact statement with the Respondent;
16. Admission or acceptance of responsibility for causing harm and/or the alleged conduct;
17. Community service;
18. Voluntary participation in formal disciplinary action for Respondent;
19. Restrictions on the Respondent's participation in one or more University programs or activities or attendance at specific events, including restrictions the University could have imposed as Remedies or Disciplinary Sanctions had it determined at the conclusion of the formal complaint resolution process that a violation of the Nondiscrimination Policy occurred; or
20. Other mutually agreed upon outcomes or resolutions.
    • Any agreed-upon Remedies and Disciplinary Sanctions agreed to in an informal resolution have the same effect as Remedies given and Disciplinary Sanctions imposed following an investigation or hearing.

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. The Parties and the Title IX Coordinator / DHR Administrator may agree to one or more extensions of the 60 Working Day deadline, which will be confirmed in writing. The timeline of the formal complaint resolution process will be paused during the pendency of any informal resolution process.

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. The use of electronic signatures is permitted. A signed agreement to an Informal Resolution is final and is not appealable by either Party.

Restrictions on Mediation Between the Parties

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.

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 Nondiscrimination 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 University president or designee for a decision regarding an appropriate Disciplinary Sanction and that the acceptance of responsibility could 鈥� but will not necessarily 鈥� 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 Disciplinary 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 written summary from the Title IX/DHR Office, 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 will 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 Nondiscrimination Policy. These written statements will be provided to the president or designee, who will decide on 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 the Appeal Procedures below.

Where there is an acceptance of responsibility regarding some but not all of the alleged conduct, the investigation and hearing process will continue to a conclusion unless otherwise resolved through Informal Resolution.

Purpose of the Investigation and Resolution Process

The investigation and resolution of Complaints under these Procedures is not intended to be an adversarial process between the Complainant, the Respondent, and the witnesses. Rather, it is a process and opportunity for the University to educate students, provide an environment free from prohibited conduct under the Nondiscrimination Policy, and comply with its obligations under law. The University will provide for adequate, reliable, and impartial investigation of Complaints. The University will treat Complainants and Respondents equitably.

Cooperation in the Investigation Process

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.

Written Notice

The University will provide a Party whose participation is invited or expected written notice of the date, time, location, participants, and purpose of all meetings or proceedings with sufficient time for the Party to prepare to participate.

Prohibition on Retaliation听

The University strictly prohibits Parties or witnesses from engaging in Retaliation against anyone for reporting or filing a Complaint, assisting or participating in an investigation or hearing, interfering with a Party's or witness's rights or privileges under the Nondiscrimination Policy, or for assisting someone else in reporting or opposing conduct prohibited by the Nondiscrimination Policy. Any acts of Retaliation are subject to disciplinary action.

Privacy

The University will take reasonable steps to protect the privacy of the Parties and witnesses, including ensuring compliance with the Family Educational Rights and Privacy Act (FERPA) and other applicable privacy laws. During the formal complaint resolution process, beginning with the Notice of Investigation and concluding when the deadline for an appeal has passed or the Civil Rights Appeals Unit has issued its final response, the Parties and witnesses are prohibited from using or disclosing the information or records obtained through the formal complaint resolution process. This prohibition shall not restrict the ability of the Parties to obtain and present evidence, including by speaking to witnesses, consulting with family members, confidential resources, or Advisors, or otherwise preparing for or participating in the formal complaint resolution process. These restrictions also do not apply to information learned through other means, such as personal experience, or to disclosures made during another administrative proceeding or through litigation. For especially sensitive materials, including but not limited to recordings and medical records, the University will provide such records for viewing or inspection only -- and not for copying or possessing. The Parties and their Advisors may be asked to sign written acknowledgments agreeing to these restrictions on disclosure and re-disclosure. Whether or not such acknowledgments are signed, violations of these prohibitions, including disregarding any restrictions on the use of records (such as re-disclosing records to unauthorized individuals or copying records that are provided for viewing only), may subject a Student or Employee to discipline.

Standard and Burden of Proof

The standard of proof for hearings and investigations under these Procedures is the Preponderance of the Evidence. Preponderance of the Evidence is a standard of proof that determines whether alleged conduct more likely than not occurred based on the evidence presented or facts available at the time of the decision. The responsibility is not on the Parties 鈥� but on the University 鈥� to conduct an investigation that gathers sufficient evidence to determine whether alleged prohibited conduct occurred. 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. The University presumes that the Respondent is not responsible for the alleged conduct until a determination is made at the conclusion of the formal complaint resolution process.

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 draft investigation reports before they are final to ensure that the investigation complies with these Procedures. If the Title IX Coordinator/DHR Administrator investigates the Complaint, a Systemwide Director or other appropriately trained administrator will review all draft investigation reports in the place of the Title IX Coordinator/DHR Administrator.

Neutrality of Process

The University requires that any Title IX Coordinator/DHR Administrator, investigator, or decisionmaker not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent. A decisionmaker may be the same person as the Title IX Coordinator/DHR Administrator or investigator. The Title IX Coordinator/DHR Administrator will take affirmative steps 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. Mere belief or opinion does not constitute evidence of bias or conflict of interest.

Investigation Where a Respondent Does Not Participate听

The Respondent will not be found to have violated the Nondiscrimination 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 Nondiscrimination Policy solely because a Complainant or other witness did not participate in the investigation or hearing process.

Timeframe, Extensions, and Status Updates

The University has established the following timeframes for the major stages of the formal complaint resolution process:

The University has also established the following process that allows for the reasonable extension of timeframes in these Procedures on a case-by-case basis for good cause. A Party, Investigator, and/or Hearing Officer may request a reasonable extension of the timeframes in these Procedures at any time from the Title IX Coordinator/DHR Administrator. The Title IX Coordinator/DHR Administrator may also initiate a reasonable extension of the timeframes in these Procedures at any time. For an extension to be granted, the following process must be followed:

1. Good cause for the extension must exist. Good causes may include:
   1. To ensure the integrity and thoroughness of the investigation;
   2. The reasonable absence of a Party, Party's advisor, or witness;
   3. To comply with a request by law enforcement, including a concurrent law enforcement investigation;2
   4. Based on the need to provide language assistance, disability accommodations, or other modifications to allow the full participation of a Party or witness;
   5. Academic breaks or exam periods;
   6. A particularly complex investigation or hearing process, such as one involving multiple Complainants, multiple Respondents, a large number of witnesses, voluminous evidence, or length of the written record;
   7. The severity and extent of the alleged misconduct; or
   8. Other extenuating or unforeseen circumstances that are not within the control of the University, Party, witnesses, Investigator, or Hearing Officer.
2. The Title IX Coordinator/DHR Administrator is the final decision-maker with respect to all extensions
3. The Parties receive written notice from the Title IX Coordinator/DHR Administrator or designee that an extension is necessary and an explanation for the delay. The notice will indicate if the extension alters the timeframes for the major stages of the Complaint process and provide a new estimated timeline.

Requests for Extensions

1. While requests for delays by the Parties and witnesses may be considered, the University cannot unduly or unreasonably delay the prompt resolution of a Complaint under the Nondiscrimination Policy.
   Students 鈥� As required by California law, the Title IX Coordinator/DHR Administrator will not unreasonably deny a Student Party's request for an extension during periods of examinations or academic breaks.
2. Employees 鈥� The fact that an Employee is off contract or between semesters, without more, does not excuse an Employee from their expected participation in the Complaint resolution process.

Status Updates

In addition to the communications at each major stage of the process, the University will provide a status update to the Complainant and Respondent every 30 days, beginning from the date that the Notice of Investigation is issued until the Notice of Investigation Outcome or Final Decision is issued to the Parties, unless a Party requests in writing not to receive these updates.

1. For cases involving a hearing under Addendum A-Track 2 Hearing Process, the Title IX Coordinator/DHR Administrator shall notify the Complainant of any Disciplinary Sanctions imposed against a Respondent.
2. The Civil Rights Appeals Unit will provide status updates to the Parties and Title IX Coordinator/DHR Administrator as required by the timelines in these Procedures.
3. In addition, either Party may, at any time, request from the Title IX Coordinator/DHR Administrator a status update regarding investigation, hearing, and appeal timeframes.

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.

Notices of Investigation

The University will prepare Notices of Investigation for the Parties upon initiation of the formal complaint resolution process. The Notices of Investigation must be issued to the Parties in writing, at the same time, and with sufficient time and information for the Parties to prepare a response before any initial interview. A Notice of Investigation must include the following information:

1. An overview summary of the Complaint allegations (e.g., "who," "what," "when," and "where"), including the identities of the Parties, the conduct alleged to constitute violation of the Nondiscrimination policy, and the date(s) and location(s) of the alleged incident(s);
2. A copy of, or internet link to, these Procedures and the Nondiscrimination Policy, as well as a summary of the alleged Nondiscrimination Policy violations;
3. A summary of the Nondiscrimination Policy formal complaint resolution process, including the right to appeal and the informal resolution process;
4. That Retaliation is prohibited;
5. The Respondent is presumed not responsible for the alleged conduct until a determination is made at the conclusion of the formal complaint resolution process. Prior to such a determination, the Parties will have an opportunity to provide Relevant evidence to a trained, impartial decisionmaker (Investigator or Hearing Officer);
6. The estimated timeline for completion of the investigation;
7. Information regarding counseling and other Supportive Measures;
8. The Parties may have one Advisor of their choice who may be, but is not required to be, an attorney or union representative;
9. The Parties will have an equal opportunity to access the Relevant and not otherwise impermissible evidence used in the investigation;
10. 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;
11. 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;
12. A statement that the Standards for Student Conduct prohibits furnishing false information to a University official, faculty member, or campus office;
13. A statement that the Complainant and Respondent will be provided with periodic status updates in accordance with the timelines established in these Procedures; and
14. A statement regarding the possible range of Disciplinary Sanctions. 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 to the Parties, along with a corresponding revised timeline for completion, if appropriate.

Respondent Initial Meeting

In the Notice of Investigation, the Title IX Coordinator/DHR Administrator will offer to have an initial meeting with the Respondent. This meeting is not intended to be investigatory in nature. 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 process the Respondent and the Complainant will have the opportunity to present evidence, identify witnesses, and review evidence.

Gathering Evidence

During the investigation, the Investigator will take reasonable steps to gather all Relevant evidence from the Parties, witnesses, or other sources, including interviews with the Complainant, the Respondent, and Relevant witnesses. The University will provide an equal opportunity for the Parties to present fact witnesses and other inculpatory (meaning that it shows or tends to show a person's involvement in the alleged conduct) and exculpatory (meaning that it shows or tends to show that a person was not involved in the alleged conduct) evidence that is Relevant. The Investigator will interview the Parties and Relevant witnesses and review documents and physical evidence. As appropriate to the investigation, the Investigator may conduct follow-up interviews or request responses to questions in writing.

Opportunity to Submit Evidence and Identify Witnesses

The Complainant and Respondent will be asked to identify witnesses and provide other Relevant information, such as documents, communications, and other available evidence. The Parties are encouraged to provide all Relevant information as soon as possible to facilitate a prompt resolution to the Complaint. The Investigator may receive any information presented by the Parties, but the Investigator, not the Parties, is responsible for gathering Relevant evidence. If a Party or witness declines to voluntarily provide material information or delays in doing so, the University's ability to conduct a prompt, thorough, and equitable investigation may be impacted. The University will not restrict the ability of either Party to discuss the allegations under investigation or to gather and present Relevant evidence. Parties and witnesses must not engage in actions that could be considered Retaliation, including confronting, threatening, intimidating, attempting to influence, or otherwise taking inappropriate actions against any Party, witness, or anyone else participating in the investigation or hearing process. The Investigator will document the steps taken to gather evidence, even when those efforts are not successful.

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.

Investigations Involving Allegations of Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, or Stalking

The University will review all evidence gathered through the investigation and determine what Relevant evidence may be considered. Questions are Relevant when they seek evidence that may aid in showing whether or not the alleged conduct occurred, and evidence is Relevant when it may aid a decisionmaker in determining whether or not the alleged conduct occurred.

1. Impermissible evidence is evidence that is not allowed to be accessed, considered, or otherwise used by the University, except to determine if one of the exceptions listed below applies. The following types of evidence, and questions seeking that evidence, are impermissible, regardless of whether they are Relevant:
   1. Evidence protected by a privilege recognized by state or federal law (unless waived by the Party or witness holding the privilege);
   2. A Party's or witness's private medical records maintained by a physician, psychologist, or other recognized professional or paraprofessional (unless the Party or witness voluntarily consents to its use in writing); or
   3. Evidence that relates to the Complainant's or Respondent's sexual interests or prior or subsequent sexual conduct (unless offered to prove someone other than the Respondent committed the alleged conduct or offered to prove how the Parties communicated consent in prior or subsequent consensual, sexual relations).
      1. 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.
      2. Prior consensual, sexual conduct between the Complainant and the Respondent does not prevent the University from finding that the conduct alleged in the Complaint constitutes a violation of the Nondiscrimination Policy.

Expert Witnesses

In rare cases, an Investigator may need to consult medical, forensic, technological, or other experts when expertise on a topic is needed to achieve a fuller understanding of the issues under investigation. In such cases, the Investigator must consult with the Title IX Coordinator/DHR Administrator prior to engaging expert witness.

Preliminary Investigation Report

The University will provide each Party and the Party's Advisor, if any, with an equal opportunity to access the evidence that is relevant to the allegations of prohibited conduct and not otherwise impermissible 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 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. The preliminary investigation report will:

1. Describe the allegations.
2. Describe the investigative process to date.
3. Set forth the relevant policy language and the Preponderance of Evidence Standard.
4. Describe the evidence presented and considered.
5. Identify the material facts 鈥� disputed and undisputed 鈥� with explanations as to why any material fact is disputed.

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. The University will take reasonable steps to prevent and address the Parties' and their Advisors' unauthorized disclosure of information and evidence obtained solely through the formal complaint resolution process.

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. The opportunity to review and respond to the preliminary investigation report is known as the "review of evidence" process. The Parties will have 10 Working Days to review the evidence. Each Party may:

1. Respond to the evidence in writing.
2. Request that the Investigator gather additional evidence or ask specific questions to the other Party and other witnesses.
3. Identify additional witnesses.

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

Final Investigation Report (Track 3-Hearing Not Required)

(not including Sexual Harassment, Sexual Misconduct, Dating Violence, Domestic Violence, Sexual Exploitation, and Stalking, as each of these forms of prohibited conduct are defined in Article V.A of the Nondiscrimination Policy), a hearing is not required, and the investigator will make the final determination in the case. A final investigation report will be provided to the Parties along with a Notice of Investigation Outcome.

1. The final investigation report will include:
   1. A summary of the allegations,
   2. The investigation process,
   3. The Preponderance of the Evidence standard,
   4. A detailed description of the evidence considered,
   5. Analysis of the evidence, including relevant credibility evaluations,
   6. Appropriate findings, and
   7. Relevant exhibits and documents are attached to the written report.
2. The Notice of Investigation Outcome will attach the final investigation report and include the following:
   1. A summary of the allegations and the investigative process.
   2. That the Preponderance of the Evidence standard was employed.
   3. A summary of the findings of fact.
   4. A determination as to whether the Nondiscrimination Policy was violated, and if so, any Remedies to be afforded to the Complainant.
   5. Notice of Parties' right to appeal under these procedures.
3. The notice will usually be delivered to the Parties electronically. If the notice includes a determination that there was a violation of the Nondiscrimination Policy, the Title IX Coordinator/DHR Administrator will notify the appropriate University administrator responsible for discipline of the investigation outcome and provide a copy of the final investigation report. This notice will include the appeal rights available to the Respondent prior to the initiation of any Disciplinary Sanctions.

Final Investigation Report (Track 2- Hearing Required)

For Complaints under these Procedures involving allegations of Sexual Harassment, Sexual Misconduct, Dating Violence, Domestic Violence, Sexual Exploitation, and Stalking, as each of these forms of prohibited conduct are defined in Article V.A of the Nondiscrimination Policy, a hearing is 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. The 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.

As part of the formal complaint resolution process for Sexual Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, and Stalking cases, the CSU will provide a live hearing that enables the decisionmaker 鈥� 鈥渢he Hearing Officer鈥� 鈥� to question the Parties and witnesses to assess a Party鈥檚 or witness鈥檚 credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations.

A hearing will be provided when:

1. The respondent is a Student, AND
2. The Complaint includes allegations of Sexual Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, and Stalking. The Complainant and Respondent will be treated equitably throughout the pre-hearing and hearing processes.

Privacy

during the hearing process, provided that the steps do not restrict the ability of the Parties to obtain and present evidence, including by speaking to witnesses (subject to the University鈥檚 prohibition on Retaliation), consulting with their family members, confidential resources, or Advisors, or otherwise preparing for or participating in the process.

Pre-Hearing Schedule and Response Deadlines:

Role of the Hearing Coordinator

The Hearing Coordinator (either the student conduct administrator, Title IX Coordinator, or other appropriate administrator) is the person responsible for coordinating the hearing process. The Hearing Coordinator will act as liaison between the Parties and the Hearing Officer on procedural matters and, therefore, may not be the Investigator assigned to the matter. The Hearing Coordinator may appropriately delegate administrative tasks but should have overall supervision of the hearing coordination process.

Notice of Hearing-20 Working Days Prior to Hearing

The Parties will be sent a written notice of the hearing at least 20 Working Days before the hearing. The notice will include the date, time, location, and purpose of the hearing as well as the name of the Hearing Officer. The notice is considered received on the date it is sent.

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.

Information Regarding Advisors and Support Persons

A Party may be accompanied at the hearing by one Advisor (for consultation) and one Support Person (for emotional support) of their choice. No later than 15 Working Days before the hearing, the Parties will provide to the Hearing Coordinator the name of, and contact information for, the Party's Advisor and Support Person (if any).

Objections to the Hearing Officer

A Hearing Officer will not have a conflict of interest or bias for or against complainants or respondents generally or an individual Complainant or Respondent. Objections to the assigned Hearing Officer will be made in writing to the Hearing Coordinator no later than 15 Working Days before the hearing.

1. 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, or complainants or respondents generally.
2. The fact that the Hearing Officer has previously served as a hearing officer in a university proceeding is not a conflict of interest. Mere belief or opinion does not constitute evidence of actual bias or conflict of interest.
3. 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 following the same process described above.

Location of Hearing-15 Working Dates Prior to Hearing

Generally, the University will conduct hearings with the Parties physically present in separate locations using videoconferencing technology that allows the Hearing Officer and the Parties to simultaneously see and hear the Party or witness while that person is speaking. Any objections from a Party about being out of the physical presence of the Hearing Officer will be made in writing no later than 15 Working Days before the hearing.

Space and Technology Needs

Any Party who anticipates that they will not have a private space from which to participate in the hearing and/or technology access, including a reliable internet connection, should notify the Hearing Coordinator no later than 15 Working Days before the hearing so that the Hearing Coordinator can assist with appropriate arrangements for a private on-campus space and technology access.

Disability Accommodations

Any Party who requires disability accommodation to facilitate their full participation in the hearing should notify the Hearing Coordinator no later than 15 Working Days before the hearing. The Hearing Coordinator will refer such requests 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 Hearing Coordinator to determine the reasonableness of a requested accommodation.

Notification to Witnesses and Facilitation of Witness Participation

No later than 10 Working Days before the hearing, the Hearing Coordinator will share the witness list with the Parties and notify each witness of the date, time, and location of or how to access the hearing. a. The campus will direct Employee and Student witnesses to attend the hearing where the witnesses are timely identified to the Hearing Coordinator. b. The University will accommodate Student and Employee witnesses, including arranging for them to be excused from class attendance or work duties where necessary. Witnesses will be instructed to promptly direct any questions or concerns about their attendance at the hearing to the Hearing Coordinator. c. 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. d. Students who fail to comply may be subject to discipline, depending on the circumstances.

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, who will share these with the Hearing Officer. Proposed questions will not be shared with the other Party or witnesses in advance of the hearing.

Questions/Concerns UU直播 the Witness List

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.

Pending Requests

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.

Role of Hearing Officer in Pre-Hearing Matters

The Hearing Officer will make all determinations regarding pre-hearing matters, including which witnesses 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 Officer may also identify and request witnesses from the final investigation report not previously listed by the Parties attending the hearing.

Audio Recording of Hearing

The University will make an official audio recording of the hearing. No other recording of the hearing is permitted. The recording is University property. The audio recording will be retained by the University in accordance with the records retention policy. Parties may request to review the recording.

Hearing Attendees and Participants

1. The following individuals are permitted to attend the hearing:
2. The Parties
3. The Hearing Office
4. Witnesses while they are answering questions
5. The Title IX Coordinator/DHR Administrator
6. The Hearing Coordinator 6. The Student Conduct Administrator
7. One Advisor per Party
8. One Support Person per Party
9. An appropriate Chancellor鈥檚 Office administrator, University police or security officer, or other individuals may be present as necessary for security, technological support, language assistance, or other approved reasonable accommodation but will not participate in the hearing.

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.

Party Failure to Appear

If a Party does not appear at the hearing without good cause, the hearing will proceed as scheduled. Whether good cause exists is determined by the Hearing Officer.

The Respondent will not be found to have violated the Nondiscrimination Policy solely because the Respondent or other witness failed to appear at the hearing. Nor will the Respondent be found not to have violated the Nondiscrimination Policy solely because a Complainant or other witness failed to appear at the hearing.

Participant Conduct

Abusive or otherwise disorderly behavior that causes a material disruption will not be tolerated. The Hearing Officer may excuse anyone from the hearing (including either the 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. In making this decision, the Hearing Officer will consider the equity of postponement for both Parties.

New Evidence

Generally, the Parties may not introduce evidence, including witnesses and their statements, 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 the discretion to accept for good cause or exclude new evidence offered during the pre-hearing stage or at the hearing.

Opening Statements

Each Party will be given an opportunity to make an opening statement of no longer than 10 minutes. 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. The Parties will not make closing statements.

Questioning

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 / DHR Administrator or Student Conduct Administrator), and any witness.

1. The process for proposing and asking Relevant and not otherwise impermissible questions and follow-up questions of Parties and witnesses, including questions challenging credibility, will:
   1. Allow the Hearing Officer to ask such questions, and
   2. Allow each Party to propose such questions that the Party wants asked of any Party or witness and have those questions asked by the Hearing Officer, subject to the procedures for evaluating and limiting questions described below.
2. Procedures for the Hearing Officer to evaluate the questions and limitations on questions:
   1. The Hearing Officer will determine whether a proposed question is Relevant and not otherwise impermissible before the question is posed and will explain any decision to exclude a question as not relevant or otherwise impermissible.
   2. Questions that are unclear or harassing of the Party or witness being questioned will not be permitted.
   3. The Hearing Officer will give a Party an opportunity to clarify or revise a question that the Hearing Officer determines is unclear or harassing. If the Party sufficiently clarifies or revises the question, the question will be asked.
   4. The Parties may also submit written follow-up questions to the Hearing Officer during the hearing, at appropriate times designated by the Hearing Officer.
   5. The Hearing Officer will ask the questions proposed by the Parties except for questions that:
      1. Seek information that is unreasonably duplicative of evidence in the Hearing Officer's possession;
      2. Are not relevant to material disputed issues, are repetitive, argumentative or harassing or unduly intrude on a witness' privacy;
      3. Relate to the Complainant鈥檚 or Respondent鈥檚 sexual interests or prior or subsequent sexual conduct, unless offered to prove someone other than the Respondent committed the alleged conduct;
      4. Relate to the existence of a dating relationship or prior or subsequent consensual sexual relations between the Complainant and the Respondent unless the evidence is relevant to how the Parties communicated consent in prior or subsequent consensual sexual relations.
         • Note: If the Hearing Officer allows consideration of evidence about a dating relationship or prior or subsequent consensual sexual relations between the Complainant and the Respondent the mere 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.
         • The Hearing Officer shall provide a written explanation to the Parties as to why consideration of the evidence is consistent with this section in the Hearing Officer鈥檚 Report.

Party or Witness Failure to Participate

The Hearing Officer may choose to place less or no weight upon statements by a Party or witness who refuses to respond to questions deemed Relevant and not impermissible. The Hearing Officer will not draw an inference about whether the alleged conduct occurred based solely on a Party鈥檚 or witness鈥檚 refusal to respond to such questions.

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.

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.

The Hearing Officer's Report

The Hearing Officer will prepare a written report that includes findings of facts and conclusions about whether the Respondent violated the Nondiscrimination Policy.

1. The report will include:
   1. A description of the alleged conduct and potential Nondiscrimination Policy violations, which should correspond with those detailed in the Notice of Investigation and any amended notices.
   2. Information about the policy and procedures that the University used to evaluate the allegations.
   3. A summary of any procedural issues raised by the Parties before or during the hearing.
   4. The definition of the Preponderance of the Evidence standard and a statement that this was the standard applied by the Hearing Officer in reaching their determinations
   5. 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.
   6. A list of all questions submitted by the Parties at the hearing, and if any questions were not asked, why.
   7. The Hearing Officer鈥檚 evaluation of the Relevant and not otherwise impermissible evidence including an analysis of the credibility of the Parties and witnesses, when credibility assessments are required to resolve factual disputes. Credibility determinations will not be based on a person鈥檚 status as a Complainant, Respondent, or witness.
   8. A determination whether the alleged conduct occurred and if the conduct violated the Nondiscrimination Policy.
   9. When the Hearing Officer finds that a violation of the Nondiscrimination Policy occurred, any Disciplinary Sanctions the University will impose on the Respondent, whether Remedies other than the imposition of Disciplinary Sanctions will be provided by the University to the Complainant, and, to the extent appropriate, other students identified by the University to be experiencing the effects of the violation of the Nondiscrimination Policy.
   10. The procedures and permissible bases for the Complainant and Respondent to appeal.
2. The Title IX Coordinator will review the Hearing Officer's report to ensure compliance with the Nondiscrimination Policy.
3. The Hearing Coordinator will notify the Parties at the same time and in writing of the determination as to whether the alleged conduct and violation of the Nondiscrimination Policy occurred and will include a copy of the Hearing Officer鈥檚 report. This notification will be issued within 15 Working Days of the end of the hearing, unless an extension is granted by the Title IX Coordinator/DHR Administrator. The notification will also include information regarding the Parties鈥� appeal rights. The Student Conduct Administrator or other appropriate administrator will also be notified of the Hearing Officer鈥檚 determination.

Hearing Outcome 鈥� No Violation Found

If no violation is found, the Hearing Coordinator will notify the Parties of the outcome and their appeal rights, as described above. The University president or designee will also be notified.

Hearing Outcome 鈥� Violation Found

If there is a determination that a violation of the Nondiscrimination Policy occurred, as appropriate, the Title IX Coordinator will:

1. Coordinate the provision and implementation of Remedies to a Complainant and other people the University identifies as having had equal access to its education programs or activities limited or denied by the Nondiscrimination Policy violation.
2. Coordinate the imposition of any Disciplinary Sanctions on a Respondent, including notification to the Complainant of any such Disciplinary Sanctions;
3. Take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur within the University鈥檚 education programs or activities; and
4. Comply with the Nondiscrimination Policy procedures before the imposition of any Disciplinary Sanctions against a Respondent.

Statements from Parties, Title IX Coordinator, and Appropriate Administrator

If the Hearing Officer finds a violation of the Nondiscrimination Policy, the Parties may submit to the Hearing Coordinator an impact statement or other statement regarding discipline. 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 statement may not be more than 2000 words in length and will be submitted to the Hearing Coordinator no later than 5 Working Days after the Hearing Officer's report is sent to the Parties.

The appropriate administrator and/or the Title IX Coordinator/DHR Administrator will also submit to the Hearing Coordinator 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. The Hearing Coordinator will provide these statements to the Hearing Officer. Any information in the impact statement relied upon by the Hearing Officer in making their Disciplinary Sanction recommendation will be shared with the other Party with the president (or designee鈥檚) final decision and notification.

Recommendation as to Disciplinary Sanctions

Within 5 Working Days after receiving and considering the statements described above, the Hearing Officer will update their Hearing Officer's report to include the recommended Disciplinary Sanctions and submit it to the president (or designee).

Final Decision and Notification

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 Disciplinary Sanction.

1. Adoption of Sanctions 鈥� The president (or designee) 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 or rejects sanctions altogether, the president must set forth the reasons in the Decision Letter.
2. Remedies 鈥� The University may also provide Remedies, which 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
3. Decision Letter 鈥� The Decision Letter will include:
   1. The outcome of the hearing, including any sanction imposed, and the name of the Respondent.
   2. A copy of the Hearing Officer's Report, including the Hearing Officer鈥檚 recommended Disciplinary Sanctions.
   3. Notice of the Complainant's and Respondent's right to appeal.
4. Notification of Final Decision 鈥� The president will send the Decision Letter electronically to the Respondent and Complainant at the same time.
   1. The decision will also be sent to the appropriate administrator and the Hearing Officer.
   2. The president will also send the Decision Letter to the Title IX Coordinator/DHR Administrator so that they may determine whether any additional Remedies or other Supportive Measures will be afforded or undertaken to maintain a safe and nondiscriminatory University environment.
   3. A 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. 搂 99.31 et seq.).
   4. Unless the University 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.

For Complaints alleging Sexual Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, and Stalking, either Party may file an appeal. For Complaints involving allegations of Discrimination, Harassment, Prohibited Consensual Relationships, or Retaliation, only the non-prevailing Party may appeal.

Filing an Appeal to the Chancellor's Office

A written appeal may be submitted to the Chancellor's Office Civil Rights Programming & Services Appeals Unit (鈥淐ivil Rights Appeals Unit鈥�) no later than 10 Working Days after the date of the Notice of Investigation Outcome (non-hearing cases) or Final Decision (hearing cases). All arguments and/or evidence supporting the appeal must be submitted by the deadline to file the appeal. Arguments or evidence submitted after the appeal submission deadline will not be considered by the Civil Rights Appeals Unit. A written appeal may not exceed 3,500 words, excluding exhibits. Appeals will be submitted to:

Civil Rights Appeals Unit
Systemwide Human Resources
Office of the Chancellor
401 Golden Shore Long Beach, California 90802
CO-Appeals@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 is available that would change the outcome and that was not reasonably available when the Investigator鈥檚 or Hearing Officer鈥檚 determination was made.
4. The Title IX Coordinator/DHR Administrator, 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 would change the outcome.
5. The sanctions imposed were objectively unreasonable or arbitrary based on substantiated conduct. (For Acceptance of Responsibility cases or Appeal reversals).

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 University investigation or hearing was completed and is submitted by the appealing Party. The Civil Rights Appeals Unit may conduct an interview, at their discretion, with the appealing Party to clarify the written appeal.

Acknowledgement of Appeal

The Civil Rights Appeals Unit 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 University 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 Civil Rights Appeals Unit will be provided to the appealing Party for informational purposes only.

Reasonable Accommodation

The Civil Rights Appeals Unit will provide reasonable accommodations 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 Civil Rights Appeals Unit Response will automatically be adjusted for the time needed, if any, to provide reasonable accommodations. The Civil Rights Appeals Unit will consult with the appropriate university administrator (for Students, the services for students with disabilities administrator, and for Employees the appropriate human resources administrator) to determine the reasonableness of a requested accommodation.

Scope of Review

The Civil Rights Appeals Unit will not conduct a new investigation; however, the Civil Rights Appeals Unit may make reasonable inquiries to determine if the new evidence could have affected the investigation or hearing determination. On appeal, the Civil Rights Appeals Unit 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.

Civil Rights Appeals Unit Response

The Civil Rights Appeals Unit 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 determinations reached regarding the issues identified within the written appeal. A copy of the final Civil Rights Appeals Unit response will be forwarded to the Complainant, the Respondent, and the Title IX Coordinator/DHR Administrator. The appeal response determination is final and is not subject to further appeal.

Reopening a University Investigation or Hearing

If the Civil Rights Appeals Unit 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 University and the investigation or hearing reopened at the campus level. The Civil Rights Appeals Unit will return the matter to the University and will specify in writing the timeline by which a reopened investigation or hearing must be completed. The Civil Rights Appeals Unit will notify the Parties of the reopening of the investigation or hearing and the timeline for completion of the reopened investigation or hearing. The University will complete the reopened investigation or hearing and provide the Civil Rights Appeals Unit with an amended final investigation report or Hearing Officer report. The University will also provide the Parties with amended notices of investigation outcome or 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 University, the non-prevailing Party will be given an opportunity to appeal.

Reversal by Civil Rights Appeals Unit

If the Civil Rights Appeals Unit determines that no reasonable fact finder (Investigator or Hearing Officer) could have made the findings as determined by the Investigator or Hearing Officer, the Civil Rights Appeals Unit may vacate and reverse the investigation or hearing outcome, but only with respect to whether the Nondiscrimination Policy was violated (and not with respect to factual findings). If the Civil Rights Appeals Unit vacates and reverses the investigation or hearing outcome, it will notify the Parties at the same time and in writing, as well as the Title IX Coordinator/DHR Administrator. Following a reversal of an investigation or hearing outcome by the Civil Rights Appeals Unit, the decision is final and is not subject to further appeal. In the event that the final outcome has been reversed by the Civil Rights Appeals Unit and a sanction will be imposed by the University, 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 University for reconsideration of the sanction.

Timeline for Response to Appeal

The Civil Rights Appeals Unit 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 Section L below.

Timelines and Extensions

The Civil Rights Appeals Unit has discretion to extend the timelines for the appeal process for good cause or for any reasons deemed to be legitimate by the Civil Rights Appeals Unit. This includes the time for filing an appeal, the time for a reopened investigation or hearing to be completed, and the time for the Civil Rights Appeals Unit to respond to the appeal. The Civil Rights Appeals Unit 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.

Disciplinary Sanctions and Remedies

The University will not impose discipline on a Respondent for violations of the Nondiscrimination Policy unless: 1) there is a determination at the conclusion of the formal complaint resolution process (including appeals) that the Respondent violated the Nondiscrimination Policy; or 2) where discipline is agreed to as part of an informal resolution process.

If there is a determination that a violation of the Nondiscrimination Policy occurred, the Title IX Coordinator/DHR Administrator will, as appropriate:

1. Coordinate the provision and implementation of Remedies to a Complainant and any other individuals whom the University identifies as also having been deprived of equal access to the University鈥檚 education programs, activities, or employment due to a violation of the Nondiscrimination policy;
2. Coordinate the imposition of any Disciplinary Sanctions on a Respondent, including notification to the Complainant of any such Disciplinary Sanctions;
3. Take other appropriate prompt and effective steps to ensure that prohibited conduct under the Nondiscrimination Policy does not continue or recur within the University鈥檚 education programs, activities, or employment; and
4. Comply with these Procedures before the imposition of any Disciplinary Sanctions against a Respondent.

Students who are found to have violated the Nondiscrimination Policy will be subject to discipline in accordance with state and federal requirements, student conduct rules, and other CSU policies. Sanctions for Students determined to have violated the Nondiscrimination Policy are identified in the Student Conduct Process: restitution, loss of financial aid, educational and remedial sanctions, denial of access to campus or persons, disciplinary probation, suspension, and expulsion. The University may also temporarily or permanently withhold a degree. Other sanctions and remedies may be agreed upon through the Informal Resolution process.

Employees who are found to have violated the Nondiscrimination Policy will be subject to discipline that is appropriate for the violation and in accordance with state and federal requirements and other CSU policies and applicable collective bargaining agreements. The possible sanctions for Employees determined to have violated the Nondiscrimination Policy are education, training, counseling, reprimand, unpaid suspension of varying lengths, demotion, and/or termination.

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

California law allows the following additional information regarding a registered sex offender on campus, whose information is not available to the public via the internet website, to be released to a campus community (Penal Code 搂 290.01(d)):

1. The offender鈥檚 full name
2. The offender鈥檚 known aliases
3. The offender鈥檚 sex
4. The offender鈥檚 race
5. The offender鈥檚 physical description
6. The offender鈥檚 photograph
7. The offender鈥檚 date of birth
8. Crimes resulting in the registration of the offender under Penal Code 搂 290
9. The date of last registration

For purposes of this section, campus community shall be defined as those persons present at or regularly frequenting any place constituting campus property, satellite facilities, laboratories, public areas contiguous to the campus and other areas set forth in Penal Code 搂 290.01(d).

1. The offender registry includes only those persons who have been required by law to register and who are in compliance with the offender registration laws.
2. The information is provided as a public service and may not be current or accurate.
3. Persons should not rely solely on the offender registry as a safeguard against offenses in their communities.
4. The crime for which a person is convicted may not accurately reflect the level of risk.
5. Anyone who uses information contained in the registry to harass registrants or commit any crime may be subject to criminal prosecution.
6. The purpose of the release of information is to allow members of the public to protect themselves and their children from sex offenders (Penal Code 290.45).

CSUDH Missing Student Notification & Response Policy:

Student housing and/or Residential Life offices under the leadership of the Director shall forward information about missing students to the University Police Department. Anyone who has knowledge that a CSU student is missing should report the information to Student Affairs or the听University Police Department. This report must be made when a student has been missing for 24 hours, but the University encourages you to report immediately. Reports made to Student Affairs will immediately be referred to the University Police Department. In the absence of UPD, the missing student reports should be referred to the local law enforcement agency. UU直播, Dominguez Hills, defines a 鈥渕issing student鈥� as any enrolled student currently registered as residing in University Housing who has not been seen by friends, family, staff, faculty, or associates within a timeframe that leads them to consider the person as missing. The time frame varies by case and depends on the totality of circumstances and information provided by the parties mentioned above. This policy focuses only on students residing in on-campus student housing and it is provided to all CSUDH residential students in compliance with the federal Clery Act as amended by the Higher Education Opportunity Act of 2008.

Missing student reports on campus often results from a resident changing his or her routine without informing roommates and/or friends and family of the change. The primary objective of The University when responding to a report of a missing student is to establish contact with the individual, to ensure his/her well-being, and to offer appropriate support and assistance. If an absence has occurred under circumstances that are suspicious or cause concern for safety, efforts will be made immediately to contact the student to determine his or her state of health and well鈥恇eing.

Registering Confidential Contact Information

University Housing provides a secure electronic form for all residential students to register confidential contact information to be used only in the event CSUDH University Police determines them to be missing or another law enforcement agency informs the University they are considered a missing person. This specific confidential contact information is requested separately and stored separately from other general emergency contact information collected from students by The University.

This confidential in-case-of-鈥渕issing student鈥� contact information is generally solicited from a residential student before or upon their initial physical check-in to University Housing; residents will be emailed via their University email account with a secure link to the electronic registration form or they may be asked to complete the form on a device provided by University Housing staff. At least once each academic year, returning residents are reminded to check, and if necessary, update, their listed general emergency contact and their designated confidential contact in order for University Housing to have the most current contact information on file. During any period of their residency, students may also update their designated confidential contact information by submitting a replacement electronic registration form. Residents鈥� missing students contact information is registered confidentially and is only accessible by professional, live-in University Housing staff and authorized University officials. This confidential information will not be disclosed, except to law enforcement personnel in furtherance of a missing person investigation.

If a Campus Resident May be Missing:

Anyone who has reason to believe a student is missing should immediately notify University Police at 310- 243- 3639. This report must be made when a student has been missing for 24 hours, but the University encourages you to report immediately. When a report of a missing residential student is received by University Police, a preliminary investigation will be initiated and UPD will notify the local law enforcement agency (Los Angeles County Sherriff Department, Carson) within two hours of being notified regarding a missing person. In most cases, University Police and/or University Housing will initially attempt to locate a student by checking the student鈥檚 on-campus residence and/or trying to reach the student using any contact information they registered with University Housing. If the student鈥檚 absence is verified, the University will attempt to notify any contact person(s) designated by the student. If the student is under 18 years of age and not an emancipated individual, the University will immediately notify the custodial parent or guardian of the student as well as the confidential contact person(s) designated by the student.

Upon notification, the University Police Department will make inquiries within the University and, if need be, outside the University setting. If the University determines that the circumstances of the missing student require a police investigation, the University Police Department will conduct a preliminary investigation and notify the local law enforcement agency (Los Angeles County Sherriff Department, Carson). If the Sheriff Department determines that the student should be classified as a missing person, they will take the lead in conducting a joint investigation; per the Administrative Agreement between the UU直播, Dominguez Hills Police Department and the Los Angeles County Sheriff Department dated July 1, 2018. The University will support their investigation by providing whatever technical support is appropriate, including notices, photos, schedules, and any other information relevant to the search for the missing student.

The University will support their investigation by providing whatever technical support is appropriate, including notices, photos, schedules, and any other information relevant to the search for the missing student. If a student registers multiple contact persons to be used in case of a missing person notification and the first person contacted indicates that the student is not missing, the University will still attempt to contact each additional provided contact in turn, unless and until direct contact is made between the University and the student.

If a missing student is located or returns to campus at any time after the matter has been reported, University Police and University Housing staff will attempt to ensure other parties involved have been notified of the student鈥檚 status.

Procedures for Reporting any Missing Person on Campus:

Any CSUDH employee, student, or other member of the University community with information regarding any alleged missing person should immediately report it to University Police by calling 310-243-3639 or by contacting the department in person at Welch Hall B-100, CSUDH, 1000 E. Victoria Street, Carson, CA 90747. UU直播, Dominguez Hills, defines a 鈥渕issing student鈥� as any enrolled student currently registered as residing in University Housing who has not been seen by friends, family, staff, faculty, or associates within a timeframe that leads them to consider the person as missing. The time frame varies by case and depends on the totality of circumstances and information provided by the parties mentioned above.

Procedures for Reporting any Missing Student/Person Off Campus:

Please Call:

• University Police by calling 310-243-3639
• 911; or
• Los Angeles County Sheriff鈥檚 Department (Carson Station): 310-830-1123, 21356 S. Avalon Blvd. Carson, CA 90745

The CSU Police Department does not consider any report of a missing person to be routine and assumes that the missing person is in need of immediate assistance until an investigation reveals otherwise. The CSU Police Department gives missing person cases priority over property-related cases and will not require any time frame to pass before beginning a missing person investigation (Penal Code 搂 14211).

Any member encountering a person who wishes to report a missing person or runaway shall render assistance without delay (Penal Code 搂 14211). This can be accomplished by accepting the report via telephone or in-person and initiating the investigation. Those members who do not take such reports or who are unable to render immediate assistance shall promptly dispatch or alert a member who can take the report.

A report shall be accepted in all cases and regardless of where the person was last seen, where the person resides or any other question of jurisdiction (Penal Code 搂 14211).

Officers or other members conducting the initial investigation of a missing person should take the following investigative actions, as applicable:

• Respond to a dispatched call as soon as practicable.
• Interview the reporting party and any witnesses to determine whether the person qualifies as a missing person and, if so, whether the person may be at risk.
• Notify a supervisor immediately if there is evidence that a missing person is either at risk or may qualify for a public alert, or both (see the Public Alerts Policy).
• Broadcast a "Be on the Look-Out" (BOLO) bulletin" if the person is under 21 years of age or there is evidence that the missing person is at risk. The BOLO should be broadcast as soon as practicable but in no event more than one hour after determining the missing person is under 21 years of age or may be at risk (Penal Code 搂 14211).
• Ensure that entries are made into the appropriate missing person networks as follows:
  • Immediately, when the missing person is at risk.
  • In all other cases, as soon as practicable, but not later than two hours from the time of the initial report (34 USC 搂 41308).
• Complete the appropriate report forms accurately and completely and initiate a search as applicable according to the facts.
• Collect and or review:
  • A photograph and a fingerprint card of the missing person, if available.
  • A voluntarily provided biological sample of the missing person, if available (e.g., toothbrush, hairbrush).
  • Any documents that may assist in the investigation, such as court orders regarding custody.
  • Any other evidence that may assist in the investigation, including personal electronic devices (e.g., cell phones, computers).
• When circumstances permit and if appropriate, attempt to determine the missing person鈥檚 location through their telecommunications carrier.
• Contact the appropriate agency if the report relates to a missing person report previously made to another agency and that agency is actively investigating the report. When this is not practicable, the information should be documented in an appropriate report for transmission to the appropriate agency. If the information relates to an at-risk missing person, the member should notify a supervisor and proceed with reasonable steps to locate the missing person.

• Any student residing in campus housing has the option to identify a contact person or persons¹³ whom the institution shall notify within 24 hours of the determination that the student is missing. This contact information will be registered confidentially, accessible only to authorized campus officials, and may not be disclosed except to law enforcement personnel in furtherance of a missing person investigation. Notification of the confidential contact person or persons shall be documented within the appropriate report.

  脳

  ¹³
  If the person reported missing is under 18 years of age and not emancipated, the institution must notify a custodial parent or guardian within 24 hours of the determination that the student is missing, in addition to notifying any additional contact person designated by the student.

Employees should complete all missing person reports and forms promptly and advise the appropriate supervisor as soon as a missing person report is ready for review. The responsibilities of the supervisor shall include, but are not limited to:

• Reviewing and approving missing person reports upon receipt. The reports should be promptly sent to the Records Bureau.
• Ensuring resources are deployed as appropriate.
• Initiating a command post as needed.
• Ensuring applicable notifications and public alerts are made and documented.
• Ensuring that records have been entered into the appropriate missing persons networks.
• Taking reasonable steps to identify and address any jurisdictional issues to ensure cooperation among agencies.

If the case falls within the jurisdiction of another agency, the supervisor should facilitate transfer of the case to the agency of jurisdiction.

Statement of Values

The UU直播 (CSU) is committed to maintaining an inclusive and equitable community that values diversity, mutual respect, and fosters healthier and safer environments for living and learning. Hazing is contrary to our institution's values and will not be tolerated.听

Policy

This policy establishes a systemwide policy on hazing prohibition in conjunction with hazing prevention efforts and activities. The provisions of this policy are pursuant to the Stop Campus Hazing Act in听听and the federal Stop Campus Hazing Act, 20 U.S.C. Section 1092(f)(9).听

Definition of Hazing

The federal definition of hazing: The term 鈥榟azing鈥� means any intentional, knowing, or reckless act committed by a person (whether individually or in concert with other persons) against another person or persons regardless of the willingness of such other person or persons to participate, that is committed in the course of an initiation into, an affiliation with, or the maintenance of membership in, a student organization; and causes or creates a risk, above the reasonable risk encountered in the course of participation in the institution of higher education or the organization (such as the physical preparation necessary for participation in an athletic team), of physical or psychological injury including鈥斕� whipping, beating, striking, electronic shocking, placing of a harmful substance on someone鈥檚 body, or similar activity; causing, coercing, or otherwise inducing sleep deprivation, exposure to the elements, confinement in a small space, extreme calisthenics, or other similar activity;听 causing, coercing, or otherwise inducing another person to consume food, liquid, alcohol, drugs, or other substances; causing, coercing, or otherwise inducing another person to perform sexual acts; any activity that places another person in reasonable fear of bodily harm through the use of threatening words or conduct; any activity against another person that includes a criminal violation of local, state, tribal or federal law; and any activity that induces, causes, or requires another person to perform a duty or task that involves a criminal violation of local, state, tribal, or federal law.听

The California Definition of Hazing: The term 鈥渉azing鈥� is defined broadly. The CSU Student Code of Conduct, found at Title 5, California Code of Regulations,听听(b)(8) and听听defines 鈥渉azing鈥� as 鈥渁ny 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 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鈥� as well as 鈥渁ny 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. 鈥淗azing鈥� does not include customary and ordinary athletic events or school sanctioned events.鈥澨�

Any method or act of initiation or preinitiation into (or the maintenance of status within) a student organization or student body, whether or not the organization or body is officially recognized by the CSU, which is likely to cause serious bodily injury or mental harm to any former, current, or prospective student of the CSU is prohibited and constitutes a violation of this policy.听 Hazing includes not just conduct or actions likely to cause physical harm or pose a risk to the health and safety of an individual(s) but also conduct likely to cause personal degradation that could result in physical or mental harm. Hazing includes any action taken or situation created, whether on or off a campus, to produce mental or physical discomfort, embarrassment, harassment, or ridicule.听

Section 41301(b)(8) makes clear that 鈥渘either the express or implied consent of a victim of hazing, nor the lack of active participation in a particular hazing incident is a defense.鈥� The express or implied consent of a victim of hazing does not excuse or constitute a defense.听 Hazing violates this policy regardless of a person鈥檚 consent or willingness to participate and even if the person voluntarily submits to being hazed.听听

Section 41301(b)(8) also makes clear that apathy or acquiescence in the presence of hazing is not a neutral act and is also a violation of this section.鈥� Passive participation in hazing (such as attending a hazing incident or being a spectator) violates this policy. The tacit or explicit endorsement, approval or validation of hazing violates this policy. In addition, an individual who is in a position to be able to take reasonable action to stop or prevent hazing but fails to do so violates this policy.听听听

Participation in hazing, actively or passively, will result in both individual student and student organizational disciplinary action, including possible expulsion from the UU直播 system and a permanent loss of recognition for the student organization.鈥疍isciplinary action will also be initiated against organizational officers who permit hazing to occur. Organizational officers are expected and required to be aware of any potential hazing and to prevent any such conduct from occurring.听

Student organizations and their organizational officers are responsible for controlling the actions of their alumni, inactive members, and any other individuals participating in their member activities.听

Examples of prohibited activities include, but are not limited to:听听

1. Any form of physically demanding or dangerous activity (calisthenics, runs, etc.) not part of a sanctioned university or auxiliary activity.听听
2. Paddling, shoving, hitting, slapping, punching, dragging, kicking, or shocking an individual regardless of degree or nature.听
3. Compelling, pressuring or forcing an individual to consume, use or be exposed to alcohol, tobacco, or drugs or engage in drinking games.听
4. Compelling, pressuring or forcing an individual to consume unusual, undue amounts, or odd preparations of food, liquids, substances or other items.听听
5. Throwing, pouring, submerging, or otherwise applying substances to the bodies, clothing, or belongings of individuals.听听
6. Morally degrading or humiliating games, performances, or other activities that make an individual the object of ridicule, amusement or intimidation.听
7. Abducting or transporting an individual to undisclosed locations, abandoning individuals, or conducting any 鈥渒idnap,鈥� 鈥渞oad trip,鈥� or 鈥渄itch鈥� that may in any way endanger or compromise the physical or mental health, safety, or comfort of any individual.听
8. Confining an individual to unreasonably small, poorly ventilated, unsanitary, uncomfortable or unlit areas.听
9. Restraining an individual in any manner.听听
10. Intentionally exposing an individual to unsafe, hazardous, or uncomfortable temperatures, conditions, or environments.听听
11. Compelling, pressuring or forcing an individual to engage in, encourage, or witness nonconsensual sexual behavior, including kissing, touching private parts, fondling, or intercourse, or in sexual simulations.听听
12. Activities that require an individual to remain in a fixed position for an extended period of time.听
13. 鈥淟ine-ups鈥� involving intense or demeaning intimidation or interrogation, such as shouting obscenities, insults, or quizzing an individual.听
14. Using demeaning, degrading or humiliating language, or derogatory names, or otherwise engaging in verbal abuse.听听
15. Assigning activities such as pranks or scavenger/treasure hunts in which a person is asked to deface or steal property, engage in humiliating acts, stunts, or bother other individuals or organizations/teams.听
16. Exposing an individual to bodily fluids, including, but not limited to, blood, vomit, feces, urine, saliva, and semen, or compelling an individual to engage in activity that induces bodily functions.听听听
17. Compelling individuals to wear or carry unusual, embarrassing, degrading, uncomfortable or physically burdensome items or apparel.听
18. Depriving individuals of sufficient sleep, comfortable sleeping arrangements, meals, or access to showers, baths, and sinks.听听
19. Activities that interfere with an individual鈥檚 academic efforts by causing exhaustion, loss of sleep, or loss of reasonable study time or by interfering with an individual鈥檚 ability to attend class.听听听
20. Compelling, pressuring or forcing an individual to engage in acts of personal servitude for others including errands, cleaning, standing in line, completing academic assignments or tasks, driving and shopping.听
21. Compelling an individual to modify their body by way of branding, tattooing, piercing, shaving, weight loss, or other forms of modification.听听听
22. Compelling, pressuring or forcing an individual to not participate in familial, religious, cultural, or traditional activities, holidays, or events.听
23. Intentionally creating a mess and forcing others to clean up.听
24. Compelling individuals to purchase an animal or engage in animal cruelty or mistreatment.听
25. Blindfolding individuals in a manner that may cause intimidation, fear, or harm.听听
26. Depriving new members access to or use of cell phones, wallets, keys or key fobs, or other personal possessions.听

Reporting Incidents of Hazing

Each University shall distribute and make publicly available a mechanism or procedure for reporting hazing. The mechanism or procedure must provide an option for an individual to submit an anonymous report. The mechanism or procedure must provide information about how an individual can report hazing without fear of retaliation or reprisal.听听听

Alleged victims and witnesses should not be deterred from reporting any incidents of hazing out of a concern that they might be disciplined for related violations of hazing or other university policies. The CSU鈥檚 primary concern is the safety of the university community. A person who participates as a complainant or witness in investigations or proceedings involving hazing shall generally not be subject to discipline for related violations of the Student Conduct Code at or near the time of the incident unless the University determines the violation was sufficiently egregious that it placed the health and safety of another person or the university at risk. It shall also be known that retaliation against any person participating or perceived to be participating in the reporting of or investigation into acts of hazing will constitute a violation of this Policy, as well as the Student Conduct Process.

At CSUDH, Hazing incidents can be reported without fear of retaliation or reprisal to

• Office of Community Standards
• Email: dh_conduct@csudh.edu Phone: 310-243-2876
• Reporting Form:

Hazing Investigation Process

All reported acts of hazing committed by students or impacting students shall be reported to the vice president of student affairs or their designee for appropriate investigation and sanctioning processes.听 Investigations will be handled in accordance with the CSU Student Conduct Procedures Policy and CSU Student Activities Policy.听听

Student Conduct

Universities shall follow applicable system and university policies when investigating and sanctioning reported acts of hazing. Sanctions for students found to have hazed other students can be found in the听听

Recognized Student Organization Conduct

Universities shall follow applicable system and university policies when investigating and sanctioning reported acts of hazing on recognized student organizations. Sanctions for recognized student organizations found to have permitted hazing to occur include permanent loss of recognition as a student organization.听听

Complaint & Initial Assessment

• A report of hazing (from students, staff, or third parties) triggers the student conduct process under EO鈥�1098.
• The Student Conduct Administrator or equivalent campus official receives the complaint and initiates intake.

Investigation

• The Student Conduct Administrator (who is trained in conduct and fact finding) gathers evidence, interviews involved parties, and assesses whether there's enough to proceed
• If the conduct seems to warrant further action, the case moves forward; if not, it may be dismissed.

Informal Resolution or Formal Hearing

• Often, cases are resolved informally: the student meets with an administrator, considers the allegations, and鈥攊f an agreement on sanctions is reached鈥攕igns a resolution.
• If no agreement is reached, the matter proceeds to a formal hearing, as outlined in EO鈥�1098.
  • A hearing officer (neutral and trained) oversees testimony and evidence from both sides,
  • Witnesses and materials are presented sequentially,
  • The President or designee issues a final decision within 10 working days of receiving the Hearing Officer Report.

Final Determination & Appeal

• If a violation is found, sanctions are assigned and implemented (which could include probation, suspension, or expulsion).
• Either party may appeal the decision to the Chancellor鈥檚 Office based on grounds specified in EO 1098

Supportive Measures

Supportive Measures are individualized services offered to the hazing victim, as appropriate, when reasonably available, not for punitive or disciplinary reasons, and without fee or charge, regardless of whether an investigation occurs. Supportive Measures are designed to restore or preserve equal access to CSU education programs, activities, or the workplace without unreasonably burdening the other Party, including to protect the safety of all Parties or the educational or work environment. Supportive Measures provide support to the victim during the reporting or investigation process. Supportive Measures may include counseling, extensions of deadlines or other course or work-related adjustments, modifications of work or class schedules, Campus escorts, no-contact directives (unilateral or mutual, depending on the circumstances) or restrictions on contact with the other Party, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the Campus, and other similar measures. The vice president for Student Affairs (or designee) is responsible for coordinating the effective implementation of Supportive Measures. Supportive Measures will remain confidential to the greatest extent possible.

Hazing Prevention and Awareness Programs

UU直播 campuses provide primary prevention and awareness programs to all incoming students, athletic teams, the Offices of Recognized Student Organizations, University Sponsored Organizations, and Club sports. UU直播 campuses provide ongoing prevention programs to all students, athletic teams, the Offices of Recognized Student Organizations, University Sponsored Organizations, and Club Sports during their time at the institution. To comply with CSU Policy, , and the federal Stop Campus Hazing Act, 20 U.S.C. Section 1092(f)(9)., campus-specific programs to prevent hazing will include:

Every incoming student鈥檚 orientation includes information on hazing awareness, prevention, reporting, investigative process, and the local, state, and tribal laws on Hazing.听听

Athletic teams and affiliated social sororities and fraternities receive annual hazing prevention training that includes information on hazing awareness, bystander intervention, ethical leadership and ways to build group cohesion without hazing, consequences of engaging in hazing activities (including mental health, student wellness, student conduct, student organization, criminal and civil), and options for reporting. Each University shall develop a list of other programs or organizations that shall receive annual training.听听

Officers of Recognized Student Organizations, University Sponsored Organizations, and club sports complete annual hazing prevention training that includes information on hazing awareness, bystander intervention, ethical leadership and ways to build group cohesion without hazing, consequences of engaging in hazing activities (including mental health, student wellness, student conduct, student organization, criminal and civil), and options for reporting. Each organization/team delivers to the vice president of student affairs, or their designee, verification that they have participated in the training. This verification shall be submitted annually.听听

Each University implements at least one campus wide event or activity as part of National Hazing Prevention Week that promotes the CSU Policy on Hazing Prohibition and Prevention; campus resources related to hazing including how to report hazing; and prevention and bystander intervention training as it relates to hazing. The event or activity should be open to students, staff, faculty, families, and alumni.

Applicable Local, State, and Tribal Laws on Hazing

Hazing is a criminal offense in California:

• California Education Code 搂 32050鈥�32052

Makes hazing in educational institutions illegal and establishes fines and imprisonment for offenders.

• California Penal Code 搂 245.6 (Matt's Law)

Defines hazing as an initiation or pre-initiation activity likely to cause serious bodily injury. Individuals may face misdemeanor or felony charges depending on the severity of the conduct.

CSUDH operates on the unceded lands of Indigenous peoples, and while tribal law may not typically apply to CSU jurisdiction, the university acknowledges and respects the sovereignty and traditions of local tribal communities. Any conduct potentially impacting Native communities may be addressed in consultation with tribal leadership where appropriate.

Rape (CA Penal Code Chapter 1 Section 261)

(a) Rape is an act of sexual intercourse accomplished under any of the following circumstances:

(1) If a person who is not the spouse of the person committing the act is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act. Notwithstanding the existence of a conservatorship pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving consent. This paragraph does not preclude the prosecution of a spouse committing the act from being prosecuted under any other paragraph of this subdivision or any other law.

(2) If it is accomplished against a person鈥檚 will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another.

(3) If a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused.

(4) If a person is at the time unconscious of the nature of the act, and this is known to the accused. As used in this paragraph, 鈥渦nconscious of the nature of the act鈥� means incapable of resisting because the victim meets any one of the following conditions:

(A) Was unconscious or asleep.

(B) Was not aware, knowing, perceiving, or cognizant that the act occurred.

(C) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator鈥檚 fraud in fact.

(D) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator鈥檚 fraudulent representation that the sexual penetration served a professional purpose when it served no professional purpose.

(5) If a person submits under the belief that the person committing the act is someone known to the victim other than the accused, and this belief is induced by artifice, pretense, or concealment practiced by the accused, with intent to induce the belief.

(6) If the act is accomplished against the victim鈥檚 will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat. As used in this paragraph, 鈥渢hreatening to retaliate鈥� means a threat to kidnap or falsely imprison, or to inflict extreme pain, serious bodily injury, or death.

(7) Where the act is accomplished against the victim鈥檚 will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official. As used in this paragraph, 鈥減ublic official鈥漨eans a person employed by a governmental agency who has the authority, as part of that position, to incarcerate, arrest, or deport another. The perpetrator does not actually have to be a public official.

(b) For purposes of this section, the following definitions apply:

鈥淒uress鈥� means a direct or implied threat of force, violence, danger, or retribution sufficient to coerce a reasonable person of ordinary susceptibilities to perform an act which otherwise would not have been performed or acquiesce in an act to which one otherwise would not have submitted. The total circumstances, including the age of the victim, and his or her relationship to the defendant, are factors to consider in appraising the existence of duress.

鈥淢enace鈥� means any threat, declaration, or act that shows an intention to inflict an injury upon another.

Sodomy (CA Penal Code Chapter 1 Section 286)

Sodomy is sexual conduct consisting of contact between the penis of one person and the anus of another person. Any sexual penetration, however slight, is sufficient to complete the crime of sodomy.

(b)(1) Except as provided in Section 288, any person who participates in an act of sodomy with another person who is under 18 years of age shall be punished by imprisonment in the state prison, or in a county jail for not more than one year.

(2) Except as provided in Section 288, any person over 21 years of age who participates in an act of sodomy with another person who is under 16 years of age shall be guilty of a felony.

(c)(1) Any person who participates in an act of sodomy with another person who is under 14 years of age and more than 10 years younger than he, or she shall be punished by imprisonment in the state prison for three, six, or eight years.

(2)(A) Any person who commits an act of sodomy when the act is accomplished against the victim鈥檚 will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person shall be punished by imprisonment in the state prison for three, six, or eight years.

(B) Any person who commits an act of sodomy with another person who is under 14 years of age when the act is accomplished against the victim鈥檚 will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person shall be punished by imprisonment in the state prison for 9, 11, or 13 years.

(C) Any person who commits an act of sodomy with another person who is a minor 14 years of age or older when the act is accomplished against the victim鈥檚 will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person shall be punished by imprisonment in the state prison for 7, 9, or 11 years.

(3) Any person who commits an act of sodomy where the act is accomplished against the victim鈥檚 will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat, shall be punished by imprisonment in the state prison for three, six, or eight years.

(d)(1) Any person who, while voluntarily acting in concert with another person, either personally or aiding and abetting that other person, commits an act of sodomy when the act is accomplished against the victim鈥檚 will by means of force or fear of immediate and unlawful bodily injury on the victim or another person or where the act is accomplished against the victim鈥檚 will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat, shall be punished by imprisonment in the state prison for five, seven, or nine years.

(2) Any person who, while voluntarily acting in concert with another person, either personally or aiding and abetting that other person, commits an act of sodomy upon a victim who is under 14 years of age, when the act is accomplished against the victim鈥檚 will by means of force or fear of immediate and unlawful bodily injury on the victim or another person, shall be punished by imprisonment in the state prison for 10, 12, or 14 years.

(3) Any person who, while voluntarily acting in concert with another person, either personally or aiding and abetting that other person, commits an act of sodomy upon a victim who is a minor 14 years of age or older, when the act is accomplished against the victim鈥檚 will by means of force or fear of immediate and unlawful bodily injury on the victim or another person, shall be punished by imprisonment in the state prison for 7, 9, or 11 years.

(e) Any person who participates in an act of sodomy with any person of any age while confined in any state prison, as defined in Section 4504, or in any local detention facility, as defined in Section 6031.4, shall be punished by imprisonment in the state prison, or in a county jail for not more than one year.

(f) Any person who commits an act of sodomy, and the victim is at the time unconscious of the nature of the act, and this is known to the person committing the act, shall be punished by imprisonment in the state prison for three, six, or eight years. As used in this subdivision, 鈥渦nconscious of the nature of the act鈥� means incapable of resisting because the victim meets one of the following conditions:

(1) Was unconscious or asleep.

(2) Was not aware, knowing, perceiving, or cognizant that the act occurred.

(3) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator鈥檚 fraud in fact.

(4) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator鈥檚 fraudulent representation that the sexual penetration served a professional purpose when it served no professional purpose.

(g) Except as provided in subdivision (h), a person who commits an act of sodomy, and the victim is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act, shall be punished by imprisonment in the state prison for three, six, or eight years. Notwithstanding the existence of a conservatorship pursuant to the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving consent.

(h) Any person who commits an act of sodomy, and the victim is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act, and both the defendant and the victim are at the time confined in a state hospital for the care and treatment of the mentally disordered or in any other public or private facility for the care and treatment of the mentally disordered approved by a county mental health director, shall be punished by imprisonment in the state prison, or in a county jail for not more than one year. Notwithstanding the existence of a conservatorship pursuant to the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving legal consent.

(i) Any person who commits an act of sodomy, where the victim is prevented from resisting by an intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused, shall be punished by imprisonment in the state prison for three, six, or eight years.

(j) Any person who commits an act of sodomy, where the victim submits under the belief that the person committing the act is someone known to the victim other than the accused, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce the belief, shall be punished by imprisonment in the state prison for three, six, or eight years.

(k) Any person who commits an act of sodomy, where the act is accomplished against the victim鈥檚 will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official, shall be punished by imprisonment in the state prison for three, six, or eight years.
As used in this subdivision, 鈥減ublic official鈥� means a person employed by a governmental agency who has the authority, as part of that position, to incarcerate, arrest, or deport another. The perpetrator does not actually have to be a public official.

(l) As used in subdivisions (c) and (d), 鈥渢hreatening to retaliate鈥� means a threat to kidnap or falsely imprison, or inflict extreme pain, serious bodily injury, or death.

Oral Copulation (CA Penal Code Chapter 1 Section 287)

(a) Oral copulation is the act of copulating the mouth of one person with the sexual organ or anus of another person.

(b)(1) Except as provided in Section 288, any person who participates in an act of oral copulation with another person who is under 18 years of age shall be punished by imprisonment in the state prison, or in a county jail for a period of not more than one year.

(2) Except as provided in Section 288, any person over 21 years of age who participates in an act of oral copulation with another person who is under 16 years of age is guilty of a felony.

(c)(1) Any person who participates in an act of oral copulation with another person who is under 14 years of age and more than 10 years younger than he, or she shall be punished by imprisonment in the state prison for three, six, or eight years.

(2)(A) Any person who commits an act of oral copulation when the act is accomplished against the victim鈥檚 will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person shall be punished by imprisonment in the state prison for three, six, or eight years.

(B) Any person who commits an act of oral copulation upon a person who is under 14 years of age, when the act is accomplished against the victim鈥檚 will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, shall be punished by imprisonment in the state prison for 8, 10, or 12 years.

(C) Any person who commits an act of oral copulation upon a minor who is 14 years of age or older, when the act is accomplished against the victim鈥檚 will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, shall be punished by imprisonment in the state prison for 6, 8, or 10 years.

(3) Any person who commits an act of oral copulation where the act is accomplished against the victim鈥檚 will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat, shall be punished by imprisonment in the state prison for three, six, or eight years.

(d)(1) Any person who, while voluntarily acting in concert with another person, either personally or by aiding and abetting that other person, commits an act of oral copulation (A) when the act is accomplished against the victim鈥檚 will by means of force or fear of immediate and unlawful bodily injury on the victim or another person, or (B) where the act is accomplished against the victim鈥檚 will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat, or (C) where the victim is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act, shall be punished by imprisonment in the state prison for five, seven, or nine years. Notwithstanding the appointment of a conservator with respect to the victim pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime described under paragraph (3), that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving legal consent.

(2) Any person who, while voluntarily acting in concert with another person, either personally or aiding and abetting that other person, commits an act of oral copulation upon a victim who is under 14 years of age, when the act is accomplished against the victim鈥檚 will by means of force or fear of immediate and unlawful bodily injury on the victim or another person, shall be punished by imprisonment in the state prison for 10, 12, or 14 years.

(3) Any person who, while voluntarily acting in concert with another person, either personally or aiding and abetting that other person, commits an act of oral copulation upon a victim who is a minor 14 years of age or older, when the act is accomplished against the victim鈥檚 will by means of force or fear of immediate and unlawful bodily injury on the victim or another person, shall be punished by imprisonment in the state prison for 8, 10, or 12 years.

(e) Any person who participates in an act of oral copulation while confined in any state prison, as defined in Section 4504 or in any local detention facility as defined in Section 6031.4, shall be punished by imprisonment in the state prison, or in a county jail for a period of not more than one year.

(f) Any person who commits an act of oral copulation, and the victim is at the time unconscious of the nature of the act, and this is known to the person committing the act, shall be punished by imprisonment in the state prison for a period of three, six, or eight years. As used in this subdivision, 鈥渦nconscious of the nature of the act鈥� means incapable of resisting because the victim meets one of the following conditions:

(1) Was unconscious or asleep.

(2) Was not aware, knowing, perceiving, or cognizant that the act occurred.

(3) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator鈥檚 fraud in fact.

(4) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator鈥檚 fraudulent representation that the oral copulation served a professional purpose when it served no professional purpose.

(g) Except as provided in subdivision (h), any person who commits an act of oral copulation, and the victim is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act, shall be punished by imprisonment in the state prison, for three, six, or eight years. Notwithstanding the existence of a conservatorship pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving consent.

(h) Any person who commits an act of oral copulation, and the victim is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act, and both the defendant and the victim are at the time confined in a state hospital for the care and treatment of the mentally disordered or in any other public or private facility for the care and treatment of the mentally disordered approved by a county mental health director, shall be punished by imprisonment in the state prison, or in a county jail for a period of not more than one year. Notwithstanding the existence of a conservatorship pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving legal consent.

(i) Any person who commits an act of oral copulation, where the victim is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused, shall be punished by imprisonment in the state prison for a period of three, six, or eight years.

(j) Any person who commits an act of oral copulation, where the victim submits under the belief that the person committing the act is someone known to the victim other than the accused, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce the belief, shall be punished by imprisonment in the state prison for a period of three, six, or eight years.

(k) Any person who commits an act of oral copulation, where the act is accomplished against the victim鈥檚 will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official, shall be punished by imprisonment in the state prison for a period of three, six, or eight years.

As used in this subdivision, 鈥減ublic official鈥� means a person employed by a governmental agency who has the authority, as part of that position, to incarcerate, arrest, or deport another. The perpetrator does not actually have to be a public official.

(l) As used in subdivisions (c) and (d), 鈥渢hreatening to retaliate鈥� means a threat to kidnap or falsely imprison, or to inflict extreme pain, serious bodily injury, or death.

Bigamy, Incest, and the Crime against Nature (CA Penal Code Chapter 1 Section 285 and Section 289)

Section 285

Persons being within the degrees of consanguinity within which marriages are declared by law to be incestuous and void, who intermarry with each other, or who being 14 years of age or older, commit fornication or adultery with each other, are punishable by imprisonment in the state prison.

Section 289

(a)(1)(A) Any person who commits an act of sexual penetration when the act is accomplished against the victim鈥檚 will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person shall be punished by imprisonment in the state prison for three, six, or eight years.

(B) Any person who commits an act of sexual penetration upon a child who is under 14 years of age, when the act is accomplished against the victim鈥檚 will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, shall be punished by imprisonment in the state prison for 8, 10, or 12 years.

(C) Any person who commits an act of sexual penetration upon a minor who is 14 years of age or older, when the act is accomplished against the victim鈥檚 will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, shall be punished by imprisonment in the state prison for 6, 8, or 10 years.

(D) This paragraph does not preclude prosecution under Section 269, Section 288.7, or any other provision of law.

(2) Any person who commits an act of sexual penetration when the act is accomplished against the victim鈥檚 will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat, shall be punished by imprisonment in the state prison for three, six, or eight years.

(b) Except as provided in subdivision (c), any person who commits an act of sexual penetration, and the victim is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act or causing the act to be committed, shall be punished by imprisonment in the state prison for three, six, or eight years. Notwithstanding the appointment of a conservator with respect to the victim pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving legal consent.

c) Any person who commits an act of sexual penetration, and the victim is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act or causing the act to be committed and both the defendant and the victim are at the time confined in a state hospital for the care and treatment of the mentally disordered or in any other public or private facility for the care and treatment of the mentally disordered approved by a county mental health director, shall be punished by imprisonment in the state prison, or in a county jail for a period of not more than one year. Notwithstanding the existence of a conservatorship pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving legal consent.

(d) Any person who commits an act of sexual penetration, and the victim is at the time unconscious of the nature of the act, and this is known to the person committing the act or causing the act to be committed, shall be punished by imprisonment in the state prison for three, six, or eight years. As used in this subdivision, 鈥渦nconscious of the nature of the act鈥� means incapable of resisting because the victim meets one of the following conditions:

(1) Was unconscious or asleep.

(2) Was not aware, knowing, perceiving, or cognizant that the act occurred.

(3) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator鈥檚 fraud in fact.

(4) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator鈥檚 fraudulent representation that the sexual penetration served a professional purpose when it served no professional purpose.

(e) Any person who commits an act of sexual penetration when the victim is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused, shall be punished by imprisonment in the state prison for a period of three, six, or eight years.

(f) Any person who commits an act of sexual penetration when the victim submits under the belief that the person committing the act or causing the act to be committed is someone known to the victim other than the accused, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce the belief, shall be punished by imprisonment in the state prison for a period of three, six, or eight years.

(g) Any person who commits an act of sexual penetration when the act is accomplished against the victim鈥檚 will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official, shall be punished by imprisonment in the state prison for a period of three, six, or eight years.

As used in this subdivision, 鈥減ublic official鈥� means a person employed by a governmental agency who has the authority, as part of that position, to incarcerate, arrest, or deport another. The perpetrator does not actually have to be a public official.

(h) Except as provided in Section 288, any person who participates in an act of sexual penetration with another person who is under 18 years of age shall be punished by imprisonment in the state prison or in a county jail for a period of not more than one year.

(i) Except as provided in Section 288, any person over 21 years of age who participates in an act of sexual penetration with another person who is under 16 years of age shall be guilty of a felony.

(j) Any person who participates in an act of sexual penetration with another person who is under 14 years of age and who is more than 10 years younger than he, or she shall be punished by imprisonment in the state prison for three, six, or eight years.

(k) As used in this section:

(1) 鈥淪exual penetration鈥� is the act of causing the penetration, however slight, of the genital or anal opening of any person or causing another person to so penetrate the defendant鈥檚 or another person鈥檚 genital or anal opening for the purpose of sexual arousal, gratification, or abuse by any foreign object, substance, instrument, or device, or by any unknown object.

(2) 鈥淔oreign object, substance, instrument, or device鈥� shall include any part of the body, except a sexual organ.

(3) 鈥淯nknown object鈥� shall include any foreign object, substance, instrument, or device, or any part of the body, including a penis, when it is not known whether penetration was by a penis or by a foreign object, substance, instrument, or device, or by any other part of the body.

(l) As used in subdivision (a), 鈥渢hreatening to retaliate鈥� means a threat to kidnap or falsely imprison, or inflict extreme pain, serious bodily injury or death.

(m) As used in this section, 鈥渧ictim鈥� includes any person who the defendant causes to penetrate the genital or anal opening of the defendant or another person or whose genital or anal opening is caused to be penetrated by the defendant or another person and who otherwise qualifies as a victim under the requirements of this section.

Fondling (CA Penal Code Chapter 9. Section 243.4, Assault and Battery)

(a) Any person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery. A violation of this subdivision is punishable by imprisonment in a county jail for not more than one year, and by a fine not exceeding two thousand dollars ($2,000); or by imprisonment in the state prison for two, three, or four years, and by a fine not exceeding ten thousand dollars ($10,000).

(b) Any person who touches an intimate part of another person who is institutionalized for medical treatment and who is seriously disabled or medically incapacitated, if the touching is against the will of the person touched, and if the touching is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery. A violation of this subdivision is punishable by imprisonment in a county jail for not more than one year, and by a fine not exceeding two thousand dollars ($2,000); or by imprisonment in the state prison for two, three, or four years, and by a fine not exceeding ten thousand dollars ($10,000).

(c) Any person who touches an intimate part of another person for the purpose of sexual arousal, sexual gratification, or sexual abuse, and the victim is at the time unconscious of the nature of the act because the perpetrator fraudulently represented that the touching served a professional purpose, is guilty of sexual battery. A violation of this subdivision is punishable by imprisonment in a county jail for not more than one year, and by a fine not exceeding two thousand dollars ($2,000); or by imprisonment in the state prison for two, three, or four years, and by a fine not exceeding ten thousand dollars ($10,000).

(d) Any person who, for the purpose of sexual arousal, sexual gratification, or sexual abuse, causes another, against that person鈥檚 will while that person is unlawfully restrained either by the accused or an accomplice, or is institutionalized for medical treatment and is seriously disabled or medically incapacitated, to masturbate or touch an intimate part of either of those persons or a third person, is guilty of sexual battery. A violation of this subdivision is punishable by imprisonment in a county jail for not more than one year, and by a fine not exceeding two thousand dollars ($2,000); or by imprisonment in the state prison for two, three, or four years, and by a fine not exceeding ten thousand dollars ($10,000).

(e)(1) Any person who touches an intimate part of another person, if the touching is against the will of the person touched, and is for the specific purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of misdemeanor sexual battery, punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment. However, if the defendant was an employer and the victim was an employee of the defendant, the misdemeanor sexual battery shall be punishable by a fine not exceeding three thousand dollars ($3,000), by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment. Notwithstanding any other provision of law, any amount of a fine above two thousand dollars ($2,000) which is collected from a defendant for a violation of this subdivision shall be transmitted to the State Treasury and, upon appropriation by the Legislature, distributed to the Civil Rights Department for the purpose of enforcement of the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code), including, but not limited to, laws that proscribe sexual harassment in places of employment. However, in no event shall an amount over two thousand dollars ($2,000) be transmitted to the State Treasury until all fines, including any restitution fines that may have been imposed upon the defendant, have been paid in full.

(2) As used in this subdivision, 鈥渢ouches鈥� means physical contact with another person, whether accomplished directly, through the clothing of the person committing the offense, or through the clothing of the victim.

(f) As used in subdivisions (a), (b), (c), and (d), 鈥渢ouches鈥� means physical contact with the skin of another person whether accomplished directly or through the clothing of the person committing the offense.

(g) As used in this section, the following terms have the following meanings:

(1) 鈥淚ntimate part鈥� means the sexual organ, anus, groin, or buttocks of any person, and the breast of a female.

(2) 鈥淪exual battery鈥� does not include the crimes defined in Section 261 or 289.

(3) 鈥淪eriously disabled鈥� means a person with severe physical or sensory disabilities.

(4) 鈥淢edically incapacitated鈥� means a person who is incapacitated as a result of prescribed sedatives, anesthesia, or other medication.

(5) 鈥淚nstitutionalized鈥� means a person who is located voluntarily or involuntarily in a hospital, medical treatment facility, nursing home, acute care facility, or mental hospital.

(6) 鈥淢inor鈥� means a person under 18 years of age.

(h) This section shall not be construed to limit or prevent prosecution under any other law which also proscribes a course of conduct that also is proscribed by this section.

(i) In the case of a felony conviction for a violation of this section, the fact that the defendant was an employer, and the victim was an employee of the defendant shall be a factor in aggravation in sentencing.

(j) A person who commits a violation of subdivision (a), (b), (c), or (d) against a minor when the person has a prior felony conviction for a violation of this section shall be guilty of a felony, punishable by imprisonment in the state prison for two, three, or four years and a fine not exceeding ten thousand dollars ($10,000)

Statutory Rape (CA Penal Code, Chapter 1, Section 261.5)

(a) Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. For the purposes of this section, a 鈥渕inor鈥� is a person under the age of 18 years, and an 鈥渁dult鈥� is a person who is 18 years of age or older.

(b) A person who engages in an act of unlawful sexual intercourse with a minor who is not more than three years older or three years younger than the perpetrator, is guilty of a misdemeanor.

(c) A person who engages in an act of unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator is guilty of either a misdemeanor or a felony and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170.

(d) Any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.

(e) (1) Notwithstanding any other provision of this section, an adult who engages in an act of sexual intercourse with a minor in violation of this section may be liable for civil penalties in the following amounts:

(A) An adult who engages in an act of unlawful sexual intercourse with a minor less than two years younger than the adult is liable for a civil penalty not to exceed two thousand dollars ($2,000).

(B) An adult who engages in an act of unlawful sexual intercourse with a minor at least two years younger than the adult is liable for a civil penalty not to exceed five thousand dollars ($5,000).

(C) An adult who engages in an act of unlawful sexual intercourse with a minor at least three years younger than the adult is liable for a civil penalty not to exceed ten thousand dollars ($10,000).

(D) An adult over 21 years of age who engages in an act of unlawful sexual intercourse with a minor under 16 years of age is liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000).

(2) The district attorney may bring actions to recover civil penalties pursuant to this subdivision. From the amounts collected for each case, an amount equal to the costs of pursuing the action shall be deposited with the treasurer of the county in which the judgment was entered, and the remainder shall be deposited in the Underage Pregnancy Prevention Fund, which is hereby created in the State Treasury. Amounts deposited in the Underage Pregnancy Prevention Fund may be used only for the purpose of preventing underage pregnancy upon appropriation by the Legislature.

(3) In addition to any punishment imposed under this section, the judge may assess a fine not to exceed seventy dollars ($70) against a person who violates this section with the proceeds of this fine to be used in accordance with Section 1463.23. The court shall, however, take into consideration the defendant鈥檚 ability to pay, and a defendant shall not be denied probation because of their inability to pay the fine permitted under this subdivision.

(f) A person convicted of violating subdivision (d) who is granted probation shall not complete their community service at a school or location where children congregate.

Incest (CA Penal Code, Chapter 1, Section 285)

Persons being within the degrees of consanguinity within which marriages are declared by law to be incestuous and void, who intermarry with each other, or who being 14 years of age or older, commit fornication or adultery with each other, are punishable by imprisonment in the state prison.

Abuse: (CA Family Code, 6203 (definitions) and 6211)

(a) For purposes of this act, 鈥渁buse鈥� means any of the following:

(1) To intentionally or recklessly cause or attempt to cause bodily injury.

(2) Sexual assault.

(3) To place a person in reasonable apprehension of imminent serious bodily injury to that person or to another.

(4) To engage in any behavior that has been or could be enjoined pursuant to Section 6320.

(b) Abuse is not limited to the actual infliction of physical injury or assault.

鈥淒omestic violence鈥� is abuse perpetrated against any of the following persons:

(a) A spouse or former spouse.

(b) A cohabitant or former cohabitant, as defined in Section 6209.

(c) A person with whom the respondent is having or has had a dating or engagement relationship.

(d) A person with whom the respondent has had a child, where the presumption applies that the male parent is the father of the child of the female parent under the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12).

(e) A child of a party or a child who is the subject of an action under the Uniform Parentage Act, where the presumption applies that the male parent is the father of the child to be protected.

(f) Any other person related by consanguinity or affinity within the second degree.

Domestic Violence/Dating Violence (CA Penal Code, Chapter 2, Section 273.5 and Section 243)

CA Penal Code 273.5

(a) Any person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim described in subdivision (b) is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000), or by both that fine and imprisonment.

(b) Subdivision (a) shall apply if the victim is or was one or more of the following:

(1) The offender鈥檚 spouse or former spouse.

(2) The offender鈥檚 cohabitant or former cohabitant.

(3) The offender鈥檚 fianc茅, or someone with whom the offender has, or previously had, an engagement or dating relationship as defined in paragraph (10) of subdivision (f) of Section 243.

(4) The mother or father of the offender鈥檚 child.

CA Penal Code 243(e)

(1) When a battery (willful and unlawful use of force or violence upon the person of another) is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant鈥檚 child, former spouse, fianc茅, or fianc茅e, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment.

(10) 鈥淒ating relationship鈥� means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement independent of financial considerations.

Stalking: CA Penal Code, Chapter 2, Section 646.9

Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for their safety, or the safety of their immediate family is guilty of the crime of stalking, punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment, or by imprisonment in the state prison.

Stalking: CA Penal Code, Chapter 2, Section 653m

(a)Every person who, with intent to annoy, telephones or makes contact by means of an electronic communication device with another and addresses to or about the other person any obscene language or addresses to the other person any threat to inflict injury to the person or property of the person addressed or any member of his or her family, is guilty of a misdemeanor. Nothing in this subdivision shall apply to telephone calls or electronic contacts made in good faith.

(b) Every person who, with intent to annoy or harass, makes repeated telephone calls or makes repeated contact by means of an electronic communication device, or makes any combination of calls or contact, to another person is, whether or not conversation ensues from making the telephone call or contact by means of an electronic communication device, guilty of a misdemeanor. Nothing in this subdivision shall apply to telephone calls or electronic contacts made in good faith or during the ordinary course and scope of business.

Consent to Sexual Activity (CA Penal Code, Chapter 1, section 261.6 and section 261.7)

a) Consent is positive cooperation in 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.
b) A current or previous dating or marital relationship shall not be sufficient to constitute consent where consent is at issue in a prosecution under section 261, 286, 287, or 289, or former section 262 or 288a
c) This section shall not affect the admissibility of evidence or the burden of proof on the issue of consent.

In prosecutions under Section 261, 286, 287, or 289, or former Section 262 or 288a, in which consent is at issue, evidence that the victim suggested, requested, or otherwise communicated to the defendant that the defendant use a condom or other birth control device, without additional evidence of consent, is not sufficient to constitute consent.

Track 1: The Federal Mandated Hearing Process (鈥淭rack 1鈥�) is applicable instead of the processes under the Interim CSU Nondiscrimination Policy 鈥� Student Respondent Procedures and the Interim CSU Nondiscrimination Policy 鈥� Employee and Third-Party Respondent Procedures for cases that are defined by the 2020 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.

Background
In 2020, 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, and took effect August 14, 2020.

In 2024, OCR issued amended federal regulations. However, on January 9, 2025, a federal judge in Kentucky vacated the 2024 Title IX Regulations. This meant that the regulations were no longer applicable nationwide. On January 31, 2025, OCR issued a 鈥淒ear Colleague Letter鈥� (鈥淒CL鈥�) which clarified the position of the federal government that the 2020 Title IX Regulations are in immediate effect. A subsequent DCL was issued on February 4, 2025, providing further clarification of the position of the Department of Education. The February 4, 2025, DCL directed educational institutions to apply the 2020 Title IX Regulations to all new cases and to reevaluate any pending cases to ensure they align with the 2020 Title IX Regulations. The procedures in this document 鈥� Track 1 鈥� implement the requirements of the 2020 Title IX Regulations.

Article I. Procedure Scope and Applicability of Track 1

Track 1 is applicable to cases that are defined by the 2020 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 (Title IX prohibited conduct).

The Title IX Coordinator and the DHR Administrator, will assess allegations of non-Title IX prohibited conduct not covered by Track 1 but 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 the process in Track 1 or other CSU policies or procedures.

Article II. Definitions

Track 1 (Title IX) prohibited conduct is defined under Article V.B of the CSU Nondiscrimination Policy. Capitalized terms are defined in this document (Track 1) and in Article V.C of the Nondiscrimination Policy. In implementing this process, the Track 1 definitions apply where they differ from those listed in Article V.C of the Nondiscrimination Policy. For purposes of Track 1 specifically, the following definitions apply:

A. Affirmative Consent means an agreement to engage in sexual activity that is informed, affirmative, conscious, voluntary, and mutual. Affirmative Consent must be given freely and without coercion, force, threats, intimidation, or by taking advantage of another person鈥檚 incapacitation. It is the responsibility of each person involved in the sexual activity to ensure Affirmative Consent has been obtained from the other participant(s) prior to engaging in the sexual activity.

1. Affirmative consent is given by clear words or actions. Affirmative consent includes knowledge and agreement to engage in the specific sexual activity.
2. Affirmative Consent must be ongoing throughout a sexual activity and can be withdrawn or revoked at any time, including after sexual activity begins. Once consent is withdrawn or revoked and clearly communicated, the sexual activity must stop immediately.
3. Consent to one form of sexual activity or one sexual act does not constitute consent to other forms of sexual activity. Consent given to sexual activity on one occasion does not constitute consent on another occasion.
4. Affirmative Consent cannot be inferred from an existing or previous dating, social, or sexual relationship between the Parties.
5. Silence does not mean there is Affirmative Consent.
6. Lack of protest or resistance does not mean there is Affirmative Consent.
7. A request for someone to use a condom or birth control does not, in and of itself, mean there is Affirmative Consent.
8. Affirmative Consent cannot be given by a person who is incapacitated. A person is unable to consent when asleep, unconscious, or incapacitated due to the influence of drugs, alcohol, or medication.

B. 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.

C. Complainant means an individual who is alleged to have been subjected to conduct that could constitute Sexual Harassment as defined under Article V.B of the Nondiscrimination Policy.

D. Directly Related means anything that is not incidental to a matter at issue.

E. 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.

F. Formal Complaint means a document or electronic submission filed by a Complainant that contains the Complainant's physical or digital signature15 or a document signed by the Title IX Coordinator16 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.

G. Incapacitation: A person is incapacitated if they lack the physical and/or mental ability to make informed, rational decisions about whether or not to engage in sexual activity. A person with a medical or mental disability may also lack the capacity to give consent. Incapacitation exists when a person cannot understand the fact, nature, or extent of the sexual activity.

1. It shall not be a valid excuse that a person affirmatively consented to the sexual activity if the Respondent knew or reasonably should have known that the person was unable to consent to the sexual activity under any of the following circumstances:

a) The person was asleep or unconscious;
b) The person was incapacitated due to the influence of drugs, alcohol, or medication so that the person could not understand the fact, nature, or extent of the sexual activity; or
c) The person was unable to communicate due to a physical or mental condition.

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

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

3. Whether an intoxicated person (as a result of using alcohol, drugs, or medication) is incapacitated will require an individualized determination about the extent to which the alcohol or other drugs impact the person's decision-making ability, awareness of consequences, and ability to make informed judgments. The level of intoxication may change over a period of time based on a variety of individual factors, including the amount of substance consumed, speed of intake, body mass, height, weight, tolerance, food consumption, drinking patterns, and metabolism. A person's own intoxication or incapacitation from drugs or alcohol does not diminish that person's responsibility to obtain Affirmative Consent before engaging in sexual activity.

4. Incapacitation due to alcohol, drugs or medication is a state of intoxication that is so severe that it interferes with a person鈥檚 capacity to make informed and knowing decisions. A person who is incapacitated may not be able to understand where they are, whom they are with, how they got there, or what is happening. Signs that a person may be incapacitated due to the influence of drugs, alcohol, or medication include, but are not limited to, the following:

a) slurred speech or difficulty communicating clearly;
b) clumsiness or lack of physical coordination (e.g., difficulty standing or walking without assistance);
c) impaired motor skills (e.g., eating, drinking, texting);
d) disorientation regarding time and place;
e) difficulty concentrating;
f) vomiting;
g) combativeness or emotional volatility; or
h) sleeping, unconsciousness, or going in and out of consciousness.

5. Incapacitation may also include memory impairment or an inability to recall entire or partial events (sometimes referred to as 鈥渂lack-out鈥� or 鈥渂rown-out鈥�). A person may experience this symptom while appearing to be functioning 鈥渘ormally,鈥� including communicating through actions or words that can reasonably and objectively be interpreted as communicating consent to engage in sexual activity. Total or partial loss of memory, alone, may not be sufficient, without additional evidence, to prove that an individual was incapacitated under this Policy. Whether sexual activity under these circumstances constitutes Prohibited Conduct depends on the presence or absence of the outwardly observable factors indicating that an individual is incapacitated, as described above.

6. In evaluating Affirmative Consent in cases involving incapacitation, the CSU considers the totality of available information in determining whether a Respondent knew or reasonably should have known that the Complainant was incapacitated.

H. Relevant means having a significant and demonstrable bearing on the matter at hand.

I. 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.

J. Respondent means an individual who has been alleged to be a perpetrator of conduct that could constitute Sexual Harassment as defined under Article V.B of the Nondiscrimination Policy.

K. 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:

a. 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.
b. 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
c. Incest is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
d. 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:

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:

i. The length of the relationship.
ii. The type of relationship.
iii. 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:

a) fear for their safety or the safety of others; or
b) suffer substantial emotional distress.

L. Simultaneously means at approximately the same time.

M. 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.

1. Review of Supportive Measures - A Complainant or Respondent may request modification or reversal of a decision to provide, deny, modify, or terminate Supportive Measures applicable to them.
2. This request will be reviewed by an appropriate and impartial Employee:

a. If the original decision about Supportive Measures was made by a person with authority delegated by the Title IX Coordinator/DHR Administrator, the review will be conducted by the Title IX Coordinator/DHR Administrator.
b. If the original decision about Supportive Measures was made by the Title IX Coordinator/DHR Administrator, the review will be conducted by a Systemwide Director for Civil Rights.

3. If the reviewer determines that the decision to provide, deny, modify, or terminate the Supportive Measure was inconsistent with the Nondiscrimination Policy's requirements, expectations, or standards for Supportive Measures, they may modify or reverse the decision. In making this determination, the reviewer should consider:

a. Do the Supportive Measures unreasonably burden a Complainant or Respondent?
b. Are the Supportive Measures punitive?
c. Are the Supportive Measures reasonably available and restore access to the CSU's programs, activities, or employment?
d. Are the Supportive Measures being offered or provided during the informal resolution process or formal complaint resolution process?

4. A Complainant or Respondent may also seek additional modification or termination of a Supportive Measure applicable to them if circumstances change materially by contacting the Title IX Coordinator / DHR Administrator.
5. The University will not share information about any Supportive Measures with anyone other than the person to whom they apply, including informing one Party of Supportive Measures provided to another Party, unless necessary to arrange or provide the Supportive Measure or restore or preserve a Party's access to the CSU's education programs, activities, or employment, or when otherwise required by state or federal law.

Article III. Response to Report of Sexual Harassment

A. 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 V.B of the Nondiscrimination 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 Nondiscrimination 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 Nondiscrimination Policy.

B. 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 Nondiscrimination Policy - Rights and Options for Victims of Sexual Misconduct/Sexual Assault, Sexual Exploitation, Dating And Domestic Violence, And Stalking.

C. 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 Nondiscrimination 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.

D. 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.

E. 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
CO-Appeals@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.

F. 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 the , 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 UU直播 other than to attend a hearing.
As with Interim Suspensions, as set forth in the , 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 the , 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 the , 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.

G. 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.

A. 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 the CSU Nondiscrimination Policy 鈥� Student Respondent Procedures (Track 2 or Track 3) and the CSU Nondiscrimination Policy 鈥� Employee and Third-Party Respondent Procedures (Track 3), Student Conduct Process, or other applicable policies. Under the Federal Mandated Hearing Process, 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 V.B of the Nondiscrimination Policy even if proven.
2. Did not occur in an Education Program or Activity.
3. Did not occur in the United States.

B. 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.

C. 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.

D. 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:

Civil Rights Appeals Unit
Office of the Chancellor
401 Golden Shore
Long Beach, California 90802
CO-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:

A. A copy of, or web link to, the relevant procedures, including this Track.
B. The identities of the Parties involved in the incident, if known.
C. A summary of the Formal Complaint (e.g., "who," "what," "when," and "where").
D. Reference to the specific definition of Sexual Harassment under Article V.B of the Nondiscrimination Policy that is implicated in the Formal Complaint.
E. 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.
F. A description of the Formal Complaint process (including the right to hearing and appeal).
G. 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.
H. 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.
I. 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".
J. 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.
K. 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.
L. The estimated timeline for completion of the investigation.
M. A statement that upon request, the Complainant and Respondent will be advised of the status of the investigation.
N. A description of the University's policy against Retaliation, as defined under Article V.A.10 of the Nondiscrimination 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:

A. Informal Resolution under Track 1 may only be offered where a Formal Complaint has been filed.
B. The campus cannot offer or facilitate Informal Resolution under Track 1 to resolve allegations that an Employee sexually harassed a Student.
C. 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:

A. The allegations of Sexual Harassment, as defined under Article V.B of the Nondiscrimination Policy.
B. 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.
C. 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.
D. An explanation of any consequences resulting from participating in the Informal Resolution process, including the records that will be maintained or could be shared.
E. 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 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.

A. 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 Track17.
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).

B. 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.

C. 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.

D. Review of Evidence
Before issuing a final investigation report, the investigator will send to the Complainant and Respondent, and their respective advisors18, 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鈥攗ndisputed and disputed鈥攚ith 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.

E. 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.

F. 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; and securing a location for the hearing (if necessary). 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.听

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 proceeding 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 and 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.

a) The Complainant and Respondent may be present (physically or virtually) at all times during the hearing.
b) Parties themselves may not directly ask questions of each other and witnesses.
c) 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.
d) 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.
e) 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.
f) 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.
g) 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.
h) 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.
i) 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 or 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 hearing 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听

After the hearing, the hearing officer will make written findings of fact and conclusions about whether the Respondent violated the Nondiscrimination Policy with respect to the definition of Sexual Harassment under Article V.B of the Nondiscrimination 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 Article V.B of the Nondiscrimination Policy 鈥� this should include the factual allegations and the corresponding alleged Nondiscrimination 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 V.B of the Nondiscrimination Policy to the facts, including a determination of whether the Nondiscrimination 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 Nondiscrimination 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 Nondiscrimination 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 Nondiscrimination 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 the Student Conduct Process, Article V.

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 Nondiscrimination 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 accounts19. 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 the 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:

Civil Rights Appeals Unit
Office of the Chancellor
401 Golden Shore
Long Beach, California 90802
CO-Appeals@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:

a. There was no reasonable basis for the findings or conclusions that resulted in the investigation or hearing outcome.
b. Procedural errors occurred that would have likely changed the outcome of the hearing.
c. 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 Nondiscrimination Policy.
d. 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.
e. 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

i. 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.

ii. 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).

iii. 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.

iv. 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.

v. 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.

vi. 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 Nondiscrimination 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.

vii. 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.

viii. Timelines and Extensions

The Chancellor's Office has the 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 V.B of the Nondiscrimination 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 CSU Nondiscrimination Policy 鈥� Student Respondent Procedures or the CSU Nondiscrimination Policy 鈥� Employee and Third-Party Respondent Procedures.听

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:

a. 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 V.B of the Nondiscrimination Policy.
b. Any Complainant.
c. Any Individual who has been reported to be the perpetrator of sex discrimination.
d. Any Respondent.
e. Any Witness.

Article XIII. Recordkeeping

A. 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.

B. 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 V.B of the Nondiscrimination 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.

Authority

This policy is issued pursuant to , and as further delegated by the .

Endnotes

1. Assaultive or abusive conduct is defined to include a list of 24 criminal offenses, including Sexual Battery, incest, Rape, spousal Rape, abuse of a spouse or cohabitant, and any attempt to commit these crimes. See Cal. Penal Code 搂搂 11160-11163.2.
2. See Cal. Penal Code 搂搂 11164-11174.3; see also CSU Executive Order 1083 or any superseding executive order.
3. See Cal. Evid. Code 搂 1024.
4. See Cal. Evid. Code 搂 1035.4.
5. If campus management designees identified in CSU Clery policy determine that the Respondent poses a discernible serious or ongoing threat to the campus community, a timely warning will be issued in accordance with the Clery Act. Any such warning will not include any information that identifies the victim.
6. See Government Code 7923.615.
7. See Government Code 7923.615.
8. See Penal Code Sections 220, 261, 261.5, 262, 264, 264.1, 265, 266, 266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5, 285, 286, 288, 288a, 288.2, 288.3, 288.4, 288.5, 288.7, 289, 422.6, 422.7, 422.75, 646.9, or 647.6.
9. If campus management designees identified in CSU Clery policy determine that the Respondent poses a discernible serious or ongoing threat to the campus community, a timely warning will be issued in accordance with the Clery Act. Any such warning will not include any information that identifies the victim.
10. Students are also separately subject to discipline in connection with any "conduct that threatens the safety or security of the campus community or substantially disrupts the functions or operation of the University [鈥�] regardless of whether it occurs on or off campus." (5 Cal. Code Regs. 搂 41301 (d).).
11. Possible sanctions against Students for a finding of a violation of the Nondiscrimination Policy are found in the Student Conduct Process, Article V.
12. A sanction appeal is available for non-hearing cases under the Student Conduct Process, Article IV.
13. Possible sanctions against Employees for a finding of a violation of the Nondiscrimination Policy include written and/or verbal counseling, remedial training, reprimand, suspension, demotion and/or dismissal/termination.
14. Track 1 incorporates the requirements of the U.S. Department of Education's 2020 Federal Regulations and generally tracks language used in the regulations. However, in keeping with the most current best practices, Track 1 has substituted other terms for "victim" where possible.
15. A Formal Complaint may exist even without a signature where something otherwise indicates that the complainant is the person filing the formal complaint. An e-mail from the Complainant would be sufficient.
16. By signing the Formal Complaint, the Title IX Coordinator does not become a party to the investigation or demonstrate bias.
17. If a Party is not an "eligible student," as defined in 34 CFR 99.3 ("'Eligible' student means a student who has reached 18 years of age or is attending an institution of postsecondary education"), then the University must obtain the voluntary, written consent of a "parent," as defined in 34 CFR 99.3 ("'Parent' means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian").
18. Unless the Party informs the Investigator or Title IX Coordinator in writing that they do not wish for this information to be sent to their Support Advisor.
19. 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. 搂 99.31 et seq.).