Rights & Responsibilities
The federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g) (FERPA) and regulations adopted there under (34 C.F.R. 99) set out requirements designed to protect students' privacy in their records maintained by the campus. The statute and regulations govern access to certain student records maintained by the campus and the release of those records. FERPA provides that the campus must give students access to most records directly related to the student, and must also provide opportunity for a hearing to correct the records if the student claims they are inaccurate, misleading, or otherwise inappropriate. The right to a hearing under this law does not include any right to challenge the appropriateness of a grade determined by the instructor. FERPA generally requires the campus to obtain a student's written consent before releasing personally identifiable data about the student.
The University has adopted a set of policies and procedures governing implementation of the statute and the regulations. Copies of these policies and procedures may be obtained from:Office of the Provost
100 Campus Center
Seaside, CA 93955-8001
Among the types of information included in the campus statement of policies and procedures are:
- The types of student records maintained and the information they contain;
- The campus official responsible for maintaining each type of record;
- The location of access lists indicating persons requesting or receiving information from the record;
- Policies for reviewing and expunging records;
- Student access rights to their records;
- The procedures for challenging the content of student records;
- The right of the student to file a complaint with the Department of Education.
The Department of Education has established an office and review board to investigate complaints and adjudicate violations. The designated office is:Family Policy Compliance Office
U.S. Department of Education
400 Maryland Ave, SW
Washington , DC 20202-5920
FERPA authorizes the campus to release "directory information" pertaining to students. "Directory information" may include the student's name, address, telephone listing, electronic mail address, photograph, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, grade level, enrollment status, degrees, honors, and awards received, and the most recent previous educational agency or institution attended by the student. The above-designated information is subject to release by the campus at any time unless the campus has received prior written objection from the student specifying what information the student requests not be released. Written objections should be sent to:Office of the Registrar
Student Service Building
100 Campus Center
Seaside, CA 93955-8001
The campus is authorized to provide access to student records to campus officials and employees who have legitimate educational interests in such access. These persons have responsibilities in the campus's academic, administrative, or service functions and have reason for accessing student records associated with their campus or other related academic responsibilities. Student records will be disclosed to the CSU Chancellor’s Office to conduct research, to analyze trends, or to provide other administrative services on behalf of the CSU. Student records may also be disclosed to other persons or organizations under certain conditions (e.g. as part of accreditation or program evaluation; in response to a court order or subpoena; in connection with financial aid; or to other institutions to which the student is transferring).
The federal Military Selective Service Act (the "Act") requires most males residing in the United States to present themselves for registration with the Selective Service System within thirty days of their eighteenth birthday. Most males between the ages of 18 and 25 must be registered. Males born after December 31, 1959, may be required to submit a statement of compliance with the Act and regulations in order to receive any grant, loan, or work assistance under specified provisions of existing federal law. In California, students subject to the Act who fail to register are also ineligible to receive any need-based student grants funded by the state or a public postsecondary institution.
Selective Service registration forms are available at any U.S. Post Office, and many high schools have a staff member or teacher appointed as a Selective Service Registrar. Applicants for financial aid can also request that information provided on the Free Application for Federal Student Aid (FAFSA) be used to register them with the Selective Service. Information on the Selective Service System is available and the registration process may be initiated online at http://www.sss.gov.
CSUMB may furnish, upon request, information about the employment of students who graduate from programs or courses of study preparing students for a particular career field. Any such data provided must be in a form that does not allow for the identification of any individual student. This information includes data concerning average starting salary and percentage of previously enrolled students who obtained employment. The information may include data collected from either CSUMB graduates or graduates of all campuses in the California State University system.
Protected Status: Genetic Information, Marital Status, Medical Condition, Nationality, Race or Ethnicity (including color or ancestry), Religion or Religious Creed, and Veteran or Military Status
The California State University does not discriminate on the basis of age, genetic information, marital status, medical condition, nationality, race or ethnicity (including color and ancestry), religion (or religious creed), and veteran or military status --as these terms are defined in CSU Executive Order 1097--in its programs and activities, including admission and access. Federal and state laws, including Title VI of the Civil Rights Act of 1964 and the California Equity in Higher Education Act, prohibit such discrimination. Wendy Smith, Title IX Coordinator and DHR Prevention Administrator, has been designated to coordinate the efforts of CSUMB to comply with all applicable federal and state laws prohibiting discrimination on these bases. Inquiries concerning compliance may be presented to Wendy Smith at firstname.lastname@example.org or (831) 582-3510.
The California State University is committed to providing equal opportunities to all CSU students in all campus programs, including intercollegiate athletics. CSU Executive Order 1097 revised October 5, 2016 (https://www.calstate.edu/EO/EO-1097-rev-10-5-16.pdf) (or any successor executive order) is the systemwide procedure for all complaints of discrimination, harassment, or retaliation made by students against the CSU, a CSU employee, other CSU students, or a third party.
Protected Status: Disability
The California State University does not discriminate on the basis of disability (physical and mental)--as this term is defined in CSU Executive Order 1097-- in its programs and activities, including admission and access. Federal and state laws, including sections 504 and 508 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, prohibit such discrimination. Wendy Smith, Title IX Coordinator and DHR Prevention Administrator, has been designated to coordinate the efforts of CSUMB to comply with all applicable federal and state laws prohibiting discrimination on the basis of disability. Inquiries concerning compliance may be presented to Wendy Smith at email@example.com or (831) 582-3510.
CSU Executive Order 1097, revised October 5, 2016 (http://calstate.edu/EO/EO-1097.html) (or any successor executive order) is the systemwide procedure for all complaints of discrimination, harassment, or retaliation made by students against the CSU, a CSU employee, other CSU students, or a third party.
Protected Status: Gender (or sex), Gender Identity (including transgender), Gender Expression and Sexual Orientation
The California State University does not discriminate on the basis of gender (or sex), gender identity (including transgender), gender expression or sexual orientation--as these terms are defined in CSU policy-- in its programs and activities, including admission and access. Federal and state laws, including Title IX of the Education Amendments of 1972, prohibit such discrimination. Wendy Smith, Title IX Coordinator and DHR Prevention Administrator, has been designated to coordinate the efforts of CSUMB to comply with all applicable federal and state laws prohibiting discrimination on these bases. Inquiries concerning compliance may be presented to Wendy Smith at firstname.lastname@example.org or (831) 582-3510. The California State University is committed to providing equal opportunities to all CSU students in all campus programs, including intercollegiate athletics.
CSU Executive Order 1097 Revised October 5, 2016 (www.calstate.edu/EO/EO-1097-rev-10-5-16.pdf) (or any successor executive order) is the systemwide procedure for all complaints of discrimination, harassment or retaliation made by students against the CSU, a CSU employee, other CSU students or a third party.
As a matter of federal and state law and California State University policy, the following types of conduct are prohibited:
Sex Discrimination or Gender Discrimination - means an adverse action taken against a student by the CSU, a CSU employee, or another student because of gender or sex (including sexual harassment, sexual misconduct, domestic violence, dating violence, and stalking).
Sexual Harassment - a form of sex discrimination, is unwelcome verbal, nonverbal or physical conduct of a sexual nature that includes, but is not limited to, sexual advances, requests for sexual favors, and any other conduct of a sexual nature where:
- Submission to, or rejection of, the conduct is explicitly or implicitly used as the basis for any decision affecting a complainant’s status or progress, or access to benefits and services, honors, programs, or activities available at or through the University; or
- The conduct is sufficiently severe, persistent or pervasive that its effect, whether or not intended, could be considered by a reasonable person in the shoes of the complainant, and is in fact considered by the complainant, as limiting his or her ability to participate in or benefit from the services, activities or opportunities offered by the University; or
- The conduct is sufficiently severe, persistent or pervasive that its effect, whether or not intended, could be considered by a reasonable person in the shoes of the complainant, and is in fact considered by the complainant, as creating an intimidating, hostile or offensive environment.
Sexual Harassment could include being forced to engage in unwanted sexual contact as a condition of membership in a student organization; being subjected to video exploitation or a campaign of sexually explicit graffiti; or frequently being exposed to unwanted images of a sexual nature in a classroom that are unrelated to the coursework.
Sexual harassment also includes acts of verbal, non-verbal, or physical aggression, intimidation or hostility based on gender or sex-stereotyping, even if those acts do not involve conduct of a sexual nature.
Executive Order 1097 covers unwelcome conduct of a sexual nature. While romantic, sexual, intimate, personal or social relationships between members of the University community may begin as consensual, they may evolve into situations that lead to sexual harassment or sexual misconduct, including dating or domestic violence, or stalking, subject to this policy.
Claiming that the conduct was not motivated by sexual desire is not a defense to a complaint of harassment based on gender.
Sexual Misconduct All sexual activity between members of the University community must be based on affirmative consent. Engaging in any sexual activity without first obtaining affirmative consent to the specific activity is sexual misconduct, whether or not the conduct violates any civil or criminal law. Sexual activity includes, but is not limited to, kissing, touching intimate body parts, fondling, intercourse, penetration of any body part, and oral sex. It also includes any unwelcome physical acts, such as unwelcome sexual touching, sexual assault, sexual battery, rape, and dating violence. When based on gender, domestic violence or stalking also constitutes sexual misconduct. Sexual misconduct may include using physical force, violence, threat or intimidation, ignoring the objections of the other person, causing the other person’s intoxication or incapacitation through the use of drugs or alcohol, or taking advantage of the other person’s incapacitation (including voluntary intoxication) to engage in sexual activity. Men as well as women can be victims of these forms of sexual misconduct. Sexual activity with a minor is never consensual when the complainant is under 18 years old, because the minor is considered incapable of giving legal consent due to age.
Sexual Assault is a form of sexual misconduct and is an attempt, coupled with the ability, to commit a violent injury on the person of another because of that person's gender or sex.
Sexual Battery is a form of sexual misconduct and is any willful and unlawful use of force or violence upon the person of another because of that person's gender or sex as well as touching an intimate part of another person against that person's will and for the purpose of sexual arousal, gratification, or abuse.
Rape is a form of sexual misconduct and is non-consensual sexual intercourse that may also involve the use or threat of force, violence, or immediate and unlawful bodily injury or threats of future retaliation and duress. Any sexual penetration, however slight, is sufficient to constitute rape. Sexual acts including intercourse are considered non-consensual when a person is incapable of giving consent because s/he is incapacitated from alcohol and/or drugs, is under 18 years old, or if a mental disorder or developmental or physical disability renders the person incapable of giving consent. The respondent's relationship to the person (such as family member, spouse, friend, acquaintance or stranger) is irrelevant.
Acquaintance Rape is a form of sexual misconduct committed by an individual known to the victim. This includes a person the victim may have just met; i.e., at a party, introduced through a friend, or on a social networking website.
Affirmative consent means an informed, affirmative, conscious, voluntary, and mutual agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that s/he has the affirmative consent of the other participant(s) to engage in the sexual activity. Lack of a protest or resistance does not mean consent nor does silence mean consent. Affirmative consent must be voluntary, and given without coercion, force, threats, or intimidation.
- The existence of a dating or social relationship between those involved, or the fact of past sexual activities between them, should never by itself be assumed to be an indicator of affirmative consent. A request for someone to use a condom or birth control does not, in and of itself, constitute affirmative consent.
- Affirmative consent can be withdrawn or revoked. Consent to one form of sexual activity (or sexual act) does not constitute consent to other forms of sexual activity. Consent given to sexual activity on one occasion does not constitute consent on another occasion. There must always be mutual and affirmative consent to engage in sexual activity. Consent must be ongoing throughout a sexual activity and can be revoked at any time, including after penetration. Once consent is withdrawn or revoked, the sexual activity must stop immediately.
- A person who is incapacitated cannot give affirmative consent. A person is unable to consent when s/he is asleep, unconscious or is incapacitated due to the influence of drugs, alcohol, or medication so that s/he could not understand the fact, nature or extent of the sexual activity. A person is incapacitated if s/he lacks the physical and/or mental ability to make informed, rational decisions.
- Whether an intoxicated person (as a result of using alcohol or other drugs) is incapacitated depends on the extent to which the alcohol or other drugs impact the person’s decision-making capacity, awareness of consequences, and ability to make fully informed judgments. A person’s own intoxication or incapacitation from drugs or alcohol does not diminish that person’s responsibility to obtain affirmative consent before engaging in sexual activity.
- A person with a medical or mental disability may also lack the capacity to give consent.
- Sexual activity with a minor (a person under 18 years old) is not consensual, because a minor is considered incapable of giving legal consent due to age.
It shall not be a valid excuse that a person affirmatively consented to the sexual activity if the respondent knew or reasonably should have known that the person was unable to consent to the sexual activity under any of the following circumstances:
- The person was asleep or unconscious;
- The person was incapacitated due to the influence of drugs, alcohol, or medication, so that the person could not understand the fact, nature, or extent of the sexual activity;
- The person was unable to communicate due to a mental or physical condition.
It shall not be a valid excuse that the respondent believed that the person consented to the sexual activity under either of the following circumstances:
- The respondent's belief in affirmative consent arose from the intoxication or recklessness of the respondent;
- The respondent did not take reasonable steps, in the circumstances known to the respondent at the time, to ascertain whether the person affirmatively consented.
Consensual Relationships Consensual relationship means a sexual or romantic relationship between two persons who voluntarily enter into such a relationship. While sexual and/or romantic relationships between members of the University community may begin as consensual, they may evolve into situations that lead to discrimination, harassment, retaliation, sexual misconduct, dating or domestic violence or stalking.
- A University employee shall not enter into a consensual relationship with a student or employee over whom s/he exercises direct or otherwise significant academic, administrative, supervisory, evaluative, counseling, or extracurricular authority. In the event such a relationship already exists, each campus shall develop a procedure to reassign such authority to avoid violations of this policy.
- This prohibition does not limit the right of an employee to make a recommendation on the personnel matters concerning a family or household member where the right to make recommendations on such personnel matters is explicitly provided for in the applicable collective bargaining agreement or MPP/confidential personnel plan.
Domestic Violence is abuse committed against someone who is a current or former spouse, current or former cohabitant, someone with whom the abuser has a child, someone with whom the abuser has or had a dating or engagement relationship, or a person similarly situated under California domestic or family violence law. Cohabitant means two unrelated persons living together for a substantial period of time, resulting in some permanency of relationship. It does not include roommates who do not have a romantic, intimate, or sexual relationship. Factors that may determine whether persons are cohabiting include, but are not limited to (1) sexual relations between the parties while sharing the same living quarters, (2) sharing of income or expenses, (3) joint use or ownership of property, (4) whether the parties hold themselves out as spouses, (5) the continuity of the relationship, and (6) the length of the relationship. For purposes of this definition, “abuse” means intentionally or recklessly causing or attempting to cause bodily injury or placing another person in reasonable apprehension of imminent serious bodily injury to himself or herself, or another. Abuse does not include non-physical, emotional distress or injury.
Dating violence is abuse committed by a person who is or has been in a social or dating relationship of a romantic or intimate nature with the victim. This may include someone the victim just met; i.e., at a party, introduced through a friend, or on a social networking website. For purposes of this definition, “abuse” means intentionally or recklessly causing or attempting to cause bodily injury or placing another person in reasonable apprehension of imminent serious bodily injury to himself or herself, or another. Abuse does not include non-physical, emotional distress or injury.
Stalking means a repeated course of conduct directed at a specific person that would cause a reasonable person to fear for his/her or others’ safety or to suffer substantial emotional distress. For purposes of this definition:
- Course of conduct means two or more acts, including but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveys, threatens, or communicates to or about a person, or interferes with a person’s property;
- Reasonable person means a reasonable person under similar circumstances and with the same protected status(es) as the complainant;
- Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
See further information in CSUMB's sexual violence prevention and education statement, Title IX Notice of Nondiscrimination (which includes facts and myths about sexual violence), and Victim’s Rights and Options Notice, at https://csumb.edu/titleix.
Whom to Contact If You Have Complaints, Questions or Concerns
Title IX requires the university to designate a Title IX Coordinator to monitor and oversee overall Title IX compliance. The campus Title IX Coordinator is available to explain and discuss the right to file a criminal complaint (for example, in cases of sexual misconduct); the university’s complaint process, including the investigation process; how confidentiality is handled; available resources, both on and off campus; and other related matters. If you are in the midst of an emergency, please call the police immediately by dialing 9-1-1.
Campus Title IX Coordinator: Wendy SmithGavilan Hall (Bldg 201) Suite 211
M-F, 8 a.m. to 5 p.m.,
University Police: Chief Earl LawsonValley Hall Suite E
M-F, 8 a.m. to 5 p.m.,
U.S. Department of Education, Office for Civil Rights (OCR):
If you wish to fill out a complaint form online with the OCR, you may do so at: http://www2.ed.gov/about/offices/list/ocr/complaintintro.html.
Title IX requires the university to adopt and publish complaint procedures that provide for prompt and equitable resolution of gender discrimination complaints, including sexual harassment and misconduct, as well as provide training, education and preventative measures related to sex discrimination. CSU Executive Order 1097 (http://www.calstate.edu/EO/EO-1097-rev-10-5-16.pdf) (or any successor executive order) the systemwide procedure for all complaints of discrimination, harassment or retaliation made by students against the CSU, a CSU employee, other CSU students or a third party.
Duty to Report. Except as provided below under confidentiality and sexual misconduct, dating violence, domestic violence, and stalking, any University employee who knows or has reason to know of allegations or acts that violate University policy shall promptly inform the Title IX Coordinator. These employees are required to disclose all information including the names of the parties, even where the person has requested that his/her name remain confidential. The Title IX Coordinator will determine whether confidentiality is appropriate given the circumstances of each such incident (see confidential reporting options outlined below).
Regardless of whether an alleged victim of gender discrimination ultimately files a complaint, if the campus knows or has reason to know about possible sexual discrimination, harassment or misconduct, it must review the matter to determine if an investigation is warranted. The campus must then take appropriate steps to eliminate any gender discrimination/harassment/misconduct, prevent its recurrence, and remedy its effects.
Safety of the Campus Community is Primary
The University's primary concern is the safety of its campus community members. The use of alcohol or drugs never makes the victim at fault for gender discrimination, harassment or misconduct; therefore, victims should not be deterred from reporting incidents of sexual violence out of a concern that they might be disciplined for related violations of drug, alcohol or other university policies. Except in extreme circumstances, victims of sexual violence shall not be subject to discipline for related violations of the Student Conduct Code.
Information Regarding Campus, Criminal, and Civil Consequences of Committing Acts of Sexual Violence
Individuals alleged to have committed sexual misconduct may face criminal prosecution by law enforcement and may incur penalties as a result of civil litigation. In addition, employees and students may face discipline at the university, up to including suspension or expulsion. Employees may face sanctions up to and including dismissal from employment, pursuant to established CSU policies and provisions of applicable collective bargaining unit agreements.
Students who are charged by the University with gender discrimination, harassment or misconduct will be subject to discipline, pursuant to the California State University Student Conduct Procedures (see Executive Order 1098 at http://www.calstate.edu/EO/EO-1098-rev-6-23-15.pdf or any successor executive order) and will be subject to appropriate sanctions. In addition, during any investigation, the University may implement interim measures in order to maintain a safe and non-discriminatory educational environment. Such measures may include but not be limited to: immediate interim suspension from the University; a required move from university-owned or affiliated housing; adjustments to course schedule; and/or prohibition from contact with parties involved in the alleged incident.
Confidentiality and Sexual Violence, Dating Violence, Domestic Violence, and Stalking
The University encourages victims of sexual misconduct, dating violence, domestic violence, or stalking to talk to someone about what happened - so they can get the support they need, and so the University can respond appropriately.
Privileged and Confidential Communications
Physicians, Psychotherapists, Professional Licensed Counselors, Licensed Clinical Social Workers, and Clergy - Physicians, psychotherapists, professional, licensed counselors,licensed clinical social workers, and clergy who work or volunteer on or off campus, acting solely in those roles or capacities as part of their employment,and who provide medical or mental health treatment or counseling (and those who act under their supervision, including all individuals who work or volunteer in their centers and offices) may not report any information about an incident of sexual misconduct to anyone else at the University, including the Title IX Coordinator, without the victim’s consent. A victim can seek assistance and support from physicians, psychotherapists, professional, licensed counselors, licensed clinical social workers, and clergy without triggering a University investigation that could reveal the victim’s identity or the fact of the victim’s disclosure. However, see limited exceptions below regarding when health care practitioners must report to local law enforcement agencies. Healthcare practitioners should explain these limited exceptions to victims, if applicable.
Sexual Assault and Domestic Violence Counselors and Advocates – Sexual assault and domestic violence counselors and advocates who work or volunteer on or off campus in sexual assault centers, victim advocacy offices, women’s centers, and health centers (including those who act in that role under their supervision, along with non-professional counselors or advocates who work or volunteer in sexual assault centers, victim advocacy offices, women’s centers, gender equity centers, or health centers) may talk to a victim without revealing any information about the victim and the incident of sexual misconduct to anyone else at the University, including the Title IX Coordinator, without the victim’s consent. A victim can seek assistance and support from these counselors and advocates without triggering a University investigation that could reveal his/her identity or that a victim disclosed an incident to them. However, see limited exceptions below regarding when sexual assault and domestic violence counselors and advocates must report to local law enforcement agencies. Counselors and advocates should explain these limited exceptions to victims, if applicable.
The University will be unable to conduct an investigation into a particular incident or pursue disciplinary action against a perpetrator if a victim chooses to (1) speak only to a physician, professional licensed counselor, licensed clinical social worker, clergy member, sexual assault counselor, domestic violence counselor or advocate; and (2) maintain complete confidentiality. Even so, these individuals will assist victims in receiving other necessary protection and support, such as victim advocacy, disability, medical/health or mental health services, or legal services, and will advise victims regarding their right to file a Title IX complaint with the University and a separate complaint with local or University police. If a victim insists on confidentiality, such professionals, counselors and advocates will likely not be able to assist the victim with: University academic support or accommodations; changes to University-based living or working schedules; or adjustments to course schedules. A victim who at first requests confidentiality may later decide to file a complaint with the University or report the incident to the police, and thus have the incident fully investigated. These counselors and advocates can provide victims with that assistance if requested by the victim. These counselors and advocates will also explain that Title IX includes protections against retaliation, and that the University will not only take steps to prevent retaliation when it knows or reasonably should know of possible retaliation, but will also take strong responsive action if retaliation occurs.
Under California law, any health practitioner employed in a health facility, clinic, physician’s office, or local or state public health department or clinic is required to make a report to local law enforcement if he or she provides medical services for a physical condition to a patient/victim who he or she knows or reasonably suspects is suffering from (1) a wound or physical injury inflicted by a firearm; or (2) any wound or other physical injury inflicted upon a victim where the injury is the result of assaultive or abusive conduct (including sexual misconduct, domestic violence, and dating violence). This exception does not apply to sexual assault and domestic violence counselors and advocates. Health care practitioners should explain this limited exception to victims, if applicable.
Additionally, under California law, all professionals described above (physicians, psychotherapists, professional counselors, licensed clinical social workers, clergy, and sexual assault and domestic violence counselors and advocates) are mandatory child abuse and neglect reporters, and are required to report incidents involving victims under 18 years of age to local law enforcement. These professionals will explain this limited exception to victims, if applicable.
Finally, some or all of these professionals may also have reporting obligations under California law to (1) local law enforcement in cases involving threats of immediate or imminent harm to self or others where disclosure of the information is necessary to prevent the threatened danger; or (2) to the court if compelled by court order or subpoena in a criminal proceeding related to the sexual misconduct, dating or domestic violence, or stalking incident. If applicable, these professionals will explain this limited exception to victims.
Reporting to University or Local Police
If a victim reports to local or University Police about sexual misconduct crimes, the police are required to notify victims that their names will become a matter of public record unless confidentiality is requested. If a victim requests that his/her identity be kept confidential, his/her name will not become a matter of public record and the police will not report the victim’s identity to anyone else at the University, including the Title IX Coordinator. University Police will, however, report the facts of the incident itself to the Title IX Coordinator being sure not to reveal to the Title IX Coordinator victim names/identities or compromise their own criminal investigation. The University is required by the federal Clery Act to report certain types of crimes (including certain sex offenses) in statistical reports. However, while the University will report the type of incident in the annual crime statistics report known as the Annual Security Report, victim names/identities will not be revealed.
Reporting to the Title IX Coordinator and Other University Employees
Most University employees have a duty to report incidents of sexual misconduct when they are on notice of it. When a victim tells the Title IX Coordinator or another University employee about an incident of sexual misconduct, the victim has the right to expect the University to take immediate and appropriate steps to investigate what happened and to resolve the matter promptly and equitably. In all cases, the University strongly encourages victims to report incidents of sexual misconduct directly to the campus Title IX Coordinator. As detailed above, in the “Privileged and Confidential Communications” section of this policy, all University employees except physicians, licensed professional counselors, licensed clinical social workers, sexual assault counselors and advocates, must report to the Title IX Coordinator all relevant details about any incidents of sexual misconduct of which they become aware. The University will need to determine what happened – and will need to know the names of the victim(s) and the perpetrator(s), any witnesses, and any other relevant facts, including the date, time, and specific location of the incident.
To the extent possible, information reported to the Title IX Coordinator or other University employees will be shared only with individuals responsible for handling the University’s response to the incident. The University will protect the privacy of individuals involved in a sexual misconduct incident except as otherwise required by law or University policy. A report of sexual misconduct may result in the gathering of extremely sensitive information about individuals in the campus community. While such information is considered confidential, University policy regarding access to public records and disclosure of personal information may require disclosure of certain information concerning a report of sexual misconduct. In such cases, efforts will be made to redact the records, as appropriate, in order to protect the victim’s identity and privacy and the privacy of other involved individuals. Except as detailed in the section on "Privileged and Confidential Communications" above, no University employee, including the Title IX Coordinator, should disclose the victim’s identity to the police without the victim’s consent or unless the victim has also reported the incident to the police.
If a victim requests of the Title IX Coordinator or another University employee that his/her identity remain completely confidential, the Title IX Coordinator will explain that the University cannot always honor that request or guarantee complete confidentiality. If a victim wishes to remain confidential or request that no investigation be conducted or disciplinary action taken, the University must weigh that request against the University’s obligation to provide a safe, non-discriminatory environment for all students, employees, and third parties, including the victim. Under those circumstances,the Title IX Coordinator will determine whether the victim’s request for complete confidentiality and/or no investigation can be honored under the facts and circumstances of the particular case, including whether the University has a legal obligation to report the incident, conduct an investigation or take other appropriate steps. Without information about a victim’s identity, the University’s ability to meaningfully investigate the incident and pursue disciplinary action against the perpetrator may be severely limited. See Executive Order 1095 (or any successor executive order) for further details around confidential reporting, and other related matters (http://www.calstate.edu/eo/EO-1095-rev-6-23-15.pdf).
See the CSUMB sexual misconduct prevention and education statement, which includes facts and myths about sexual violence.U.S. Department of Education, regional office
Office for Civil Rights
50 United Nations Plaza
San Francisco, CA 94102
Phone: (415) 486-5555
TTY: (877) 521-2172
U.S. Department of Education, national office
Office for Civil Rights
, California Coalition Against Sexual Assault
1215 K Street, Suite 1850
Sacramento, CA 95814
Phone: (916) 446-2520
Know Your Rights about Title IX
Domestic and Family Violence, Office of Justice Programs, United States Department of Justice
National Institute of Justice: Intimate Partner Violence, Office of Justice Programs, United States Department of Justice
National Domestic Violence Hotline: 1-800-799-SAFE (7233)
Office of Violence against Women, United States Department of Justice
Defending Childhood, United States Department of Justice
Local Community Resource Information:Monterey County Rape Crisis Center
P.O. Box 2630
Monterey, CA 93942
Phone: (831) 375-4357
CSUMB is surrounded by federal land and is located within a former U.S. Army facility. Federal police have complete jurisdiction on federal property and persons entering onto federal lands are subject to all attendant laws and regulations. Trespassing in posted federal areas is strictly prohibited. Unexploded ordnance is a serious hazard in the wilderness areas on federal land. These areas are off limits.
Possession of a loaded or unloaded firearm by a student on university property is a felony and a violation of university policy. Violators are subject to criminal prosecution and disciplinary action. [See subsection (i) of the Code of Conduct.]
Every person riding a bicycle on university grounds is afforded all the rights and is subject to all the responsibilities of a driver of a motor vehicle. The riding of bicycles inside any university building is prohibited. Bicycle riding is prohibited within the campus quad and on any landscaped or lawn areas.
Rollerblading, skating, and skateboarding are permitted on university grounds only for use as transportation and only during designated hours in designated areas. See the Non-Motorized Transportation (NMT) Policy on the CSUMB.EDU/policy website.
University property and the surrounding area are home to an abundance of wildlife including mountain lions, deer, foxes, skunks, opossums, raccoons, squirrels, birds, and reptiles. Wildlife should not be approached or fed. Wild animals are unpredictable and can be dangerous. Hunting or intentionally harming wildlife is illegal and may result in criminal prosecution.
CSUMB and its auxiliary organizations strive to maintain a working and learning environment free from sexual harassment. Sexual harassment may range from sexual innuendoes made at inappropriate times, perhaps in the guise of humor, to coerced sexual relations.
Sexual harassment occurs when unwelcome conduct is engaged in because of the targeted individual’s sex, and:
- Submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual's employment or classroom achievement;
- Submission to or rejection of such conduct by an individual is used as the basis or threatened to be used as the basis for employment, evaluations or grades; or
- Such conduct is so severe or pervasive that its effect, whether or not intended, is an environment that could be considered by a reasonable person, and is in fact considered by the individual, as intimidating, hostile or offensive.
Sexual harassment can be written (in print or electronically), verbal, visual or physical. Examples of harassment include:
- Written communications, such as sending inappropriate jokes or comments in print or by e-mail;
- Verbal communications, such as making graphic or degrading comments about an individual and/or his or her body or personal characteristics, or using epithets, derogatory comments or slurs;
- Physical acts, such as unwanted touching, physical interference, or even assault;
- Visual acts or displays, such as derogatory cartoons, drawings, or posters, or inappropriate gestures;
- Making unwelcome sexual advances or propositions, or offering employment benefits or giving preferential treatment in exchange for sexual favors;
- Making or threatening reprisals after a negative response to unwelcome conduct.
"Sex" includes, but is not limited to: the victim's actual sex; the harasser's perception of the victim's sex; the harasser's perception of the victim's identity, appearance or behavior, whether or not that identity, appearance, or behavior is different from that traditionally associated with victim's sex at birth; and pregnancy, childbirth, or medical conditions related to pregnancy or childbirth.
To report sexual harassment as a student, contact:Wendy Smith
Deputy Title IX Coordinator
Dean of Students Office
CSUMB will not tolerate sexual assault in any form. CSUMB has adopted the state of California's definition of sexual assault to mean any involuntary sexual act in which a person is threatened, coerced, or forced to comply against his or her will and includes rape, acquaintance rape, date rape, and sexual battery. Sexual assault, which is a form of sexual harassment, is included in the definition of sex discrimination which is prohibited in Title VII of the Civil Rights Act of 1964 as amended and Title IX of the Educational Amendments of 1972 as amended. It is also governed by the California Penal Code (Sections 261 and 243.4) and Assembly Concurrent Resolution No. 46 (Resolution Chapter 105, passed into law on September 14, 1987).
Report sexual assault on campus to the University Police Department (UPD) immediately at 911 from any campus phone. Sexual assault is a form of sexual harassment and is also a violation of the criminal code. Thus, an individual reporting an allegation of sexual assault may initiate a criminal complaint, a discrimination complaint, or both, as the evidentiary standards and conclusions may differ. To file a criminal complaint, the reporting party should contact UPD at 911 (during the emergency) or 831-655-0268. To file a complaint of discrimination with the University as a student, the reporting party should contact the Deputy Title IX Coordinator at 831-582-3510.
Where there is probable cause to believe that a student, faculty, or staff member has violated the university's regulations prohibiting sexual assault, the university will actively pursue disciplinary action through appropriate investigation and legal channels. Even if criminal justice authorities choose not to prosecute, the university can pursue disciplinary action.
Regardless of the means selected for resolving allegations of discrimination and/or sexual harassment (including sexual assault), the initiation of a complaint will not cause any negative reflection on the complainant, nor will it affect such person’s future business dealings with the university, his or her employment, compensation or work assignments or, in the case of students, grades, class selection or other matters pertaining to his or her status as a student at the university. Every effort should be made to resolve any incident as soon as possible while the facts and potential testimony of witnesses, if any, are current.
It is the policy of the university that retaliation against complainants is prohibited. The university acts vigorously to prevent any retaliation being taken against those initiating inquiries or filing complaints; retaliation constitutes separate grounds for filing a complaint with these procedures and for potential disciplinary action against the alleged violator.
In accordance with the California State University Chancellor's Office Executive Order 1108, CSUMB is 100% Smoke Free and Tobacco Free effective September 1, 2017. Please see the CSUMB campus compliance guidelines for CSUMB-specific compliance information.
Title 5, California Code of Regulations,§ 41301. Standards for Student Conduct
(a) Campus Community Values
The University is committed to maintaining a safe and healthy living and learning environment for students, faculty, and staff. Each member of the campus community should choose behaviors that contribute toward this end. Students are expected to be good citizens and to engage in responsible behaviors that reflect well upon their university, to be civil to one another and to others in the campus community, and contribute positively to student and university life.
(b) Grounds for Student Discipline
Student behavior that is not consistent with the Student Conduct Code is addressed through an educational process that is designed to promote safety and good citizenship and, when necessary, impose appropriate consequences.
The following are the grounds upon which student discipline can be based:
(1) Dishonesty, including:
(A) Cheating, plagiarism, or other forms of academic dishonesty that are intended to gain unfair academic advantage.
(B) Furnishing false information to a university official, faculty member, or campus office.
(C) Forgery, alteration, or misuse of a university document, key, or identification instrument.
(D) Misrepresenting oneself to be an authorized agent of the university or one of its auxiliaries.
(2) Unauthorized entry into, presence in, use of, or misuse of University property.
(3) Willful, material and substantial disruption or obstruction of a university-related activity, or any on-campus activity.
(4) Participating in an activity that substantially and materially disrupts the normal operations of the university, or infringes on the rights of members of the University community.
(5) Willful, material, and substantial obstruction of the free flow of pedestrian or other traffic, on or leading to campus property or an off-campus university related activity.
(6) Disorderly, lewd, indecent, or obscene behavior at a University related activity, or directed toward a member of the university community.
(7) Conduct that threatens or endangers the health or safety of any person within or related to the University community, including physical abuse, threats, intimidation, harassment, or sexual misconduct.
(8) Hazing, or conspiracy to haze. Hazing is defined as any method of initiation or pre-initiation into a student organization or student body, whether or not the organization or body is officially recognized by an educational institution, which is likely to cause serious bodily injury to any former, current, or prospective student of any school, community college, college, university or other educational institution in this state (Penal Code 245.6), and in addition, any act likely to cause physical harm, personal degradation or disgrace resulting in physical or mental harm, to any former, current, or prospective student of any school, community college, college, university or other educational institution. The term "hazing" does not include customary athletic events or school sanctioned events.
Neither the express or implied consent of a victim of hazing, nor the lack of active participation in a particular hazing incident is a defense. Apathy or acquiescence in the presence of hazing is not a neutral act, and is also a violation of this section.
(9) Use, possession, manufacture, or distribution of illegal drugs or drug-related paraphernalia, (except as expressly permitted by law and university regulations) or the misuse of legal pharmaceutical drugs.
(10) Use, possession, manufacture, or distribution of alcoholic beverages (except as expressly permitted by law and University regulations), or public intoxication while on campus or at a University related activity.
(11) Theft of property or services from the University community, or misappropriation of university resources.
(12) Unauthorized destruction, or damage to University property or other property in the university community.
(13) Possession or misuse of firearms or guns, replicas, ammunition, explosives, fireworks, knives, other weapons, or dangerous chemicals (without the prior authorization of the campus president) on campus or at a University related activity.
(14) Unauthorized recording, dissemination, or publication of academic presentations (including handwritten notes) for a commercial purpose.
(15) Misuse of computer facilities or resources, including:
(A) Unauthorized entry into a file, for any purpose.
(B) Unauthorized transfer of a file.
(C) Use of another's identification or password.
(D) Use of computing facilities, campus network, or other resources to interfere with the work of another member of the university community.
(E) Use of computing facilities and resources to send obscene or intimidating and abusive messages.
(F) Use of computing facilities and resources to interfere with normal university operations.
(G) Use of computing facilities and resources in violation of copyright laws.
(H) Violation of a campus computer use policy.
(16) Violation of any published university policy, rule, regulation, or presidential order.
(17) Failure to comply with directions of, or interference with, any university official or any public safety officer while acting in the performance of duties.
(18) Any act chargeable as a violation of a federal, state, or local law that poses a substantial threat to the safety or well being of members of the university community or to property within the university community, or that poses a significant threat of disruption or interference with university operations.
(19) Violation of the Student Conduct Procedures, including:
(A) Falsification, distortion, or misrepresentation of information related to a student discipline matter.
(B) Disruption or interference with the orderly progress of a student discipline proceeding.
(C) Initiation of a student discipline proceeding in bad faith.
(D) Attempting to discourage another from participating in the student discipline matter.
(E) Attempting to influence the impartiality of any participant in a student discipline matter.
(F) Verbal or physical harassment or intimidation of any participant in a student discipline matter.
(G) Failure to comply with the sanction(s) imposed under a student discipline proceeding.
(20) Encouraging, permitting, or assisting another to do any act that could subject him or her to discipline.
(c) Procedures for Enforcing This Code
The Chancellor shall adopt procedures to ensure students are afforded appropriate notice and an opportunity to be heard before the University imposes any sanction for a violation of the Student Conduct Code.
[Note: At the time of publication, such procedures are set forth in California State University Executive Order 1098 (Revised June 23, 2015), available at [http://calstate.edu/eo/EO-1098-rev-6-23-15.html](http://calstate.edu/eo/EO-1098-rev-6-23-15.html)]
(d) Application of This Code
Sanctions for the conduct listed above can be imposed on applicants, enrolled students, students between academic terms, graduates awaiting degrees, and students who withdraw from school while a disciplinary matter is pending. Conduct that threatens the safety or security of the campus community, or substantially disrupts the functions or operation of the university is within the jurisdiction of this article regardless of whether it occurs on or off campus. Nothing in this code may conflict with Education Code section 66301 that prohibits disciplinary action against students based on behavior protected by the First Amendment.
Title 5, California Code of Regulations, §41302. Disposition of Fees: Campus Emergency; Interim Suspension.
The President of the campus may place on probation, suspend, or expel a student for one or more of the causes enumerated in Section 41301. No fees or tuition paid by or for such student for the semester, quarter, or summer session in which he or she is suspended or expelled shall be refunded. If the student is readmitted before the close of the semester, quarter, or summer session in which he or she is suspended, no additional tuition or fees shall be required of the student on account of the suspension.
During periods of campus emergency, as determined by the President of the individual campus, the President may, after consultation with the Chancellor, place into immediate effect any emergency regulations, procedures, and other measures deemed necessary or appropriate to meet the emergency, safeguard persons and property, and maintain educational activities.
The President may immediately impose an interim suspension in all cases in which there is reasonable cause to believe that such an immediate suspension is required in order to protect lives or property and to insure the maintenance of order. A student so placed on interim suspension shall be given prompt notice of charges and the opportunity for a hearing within 10 days of the imposition of interim suspension. During the period of interim suspension, the student shall not, without prior written permission of the president or designated representative, enter any campus of the California State University other than to attend the hearing. Violation of any condition of interim suspension shall be grounds for expulsion.
The Student Conduct Administrator (SCA) represents the University community's interests during the enforcement process. The SCA is empowered to investigate the allegations against the student, to decide whether or not sufficient evidence exists to file a complaint, and to represent CSUMB at the hearing.
The SCA and other members of the University community may also work with students to resolve the issues in question before a hearing becomes necessary. Detailed information about student conduct policies and procedures is available on the CSUMB.EDU/judicialaffairs website.
Civil and Criminal Penalties for Violation of Federal Copyrights Law
Anyone who is found to be liable for copyright infringement may be liable for either the owner's actual damages along with any profits of the infringer or statutory damages of up to $30,000 per work infringed. In the case of a willful infringement, a court may award up to $150,000 per work infringed. (See 17 U.S.C. §504.) Courts also have discretion to award costs and attorneys’ fees to the prevailing party. (See 17 U.S.C. §505.) Willful copyright infringement can also result in criminal penalties, including imprisonment and fines. (See 17 U.S.C. §506 and 18 U.S.C. §2319.)