Title IX/Discrimination, Harassment & Retaliation

If you believe you have been or may have been the victim of sexual misconduct, sexual assault, dating violence, domestic violence, sexual exploitation and/or stalking we encourage you to talk to someone about what happened so you can learn about available support, resources and options. The well-being of students is the top priority of Cal State Monterey Bay’s Title IX office, as is the safety of the entire campus community. We acknowledge that reporting sexual misconduct (including rape and assault), harassment, stalking, and/or intimate partner violence is a personal, and often difficult, decision. You may find it helpful to review information about your Rights and Options. If you are not sure if you want to tell the Title IX Office what happened, you may choose to first speak with a confidential resource, such as the Campus Advocate. 

The decision to report is personal to each individual. Below are some reasons a person may choose to report to the Title IX office and/or to file a criminal complaint.  

• To understand their rights and options, including learning about the administrative and/or criminal investigation processes, which are two separate processes.
• For some survivors, reporting is a way to regain control and action in their own life.
•  Reporting may lead to an investigation, which means the person who caused the harm (when found responsible) can be held accountable for their actions.
• You may not know the whole picture. The University does not disclose reports they receive on individuals. Receiving multiple reports can help us identify a pattern of harm where one may exist.  
• While your priority is your own welfare, some survivors find reporting to be an important part of their support for a larger community.
• Individuals harmed due to sexual misconduct may experience a variety of health conditions after the incident (such as depression, anxiety, post-traumatic stress, or suicidal thoughts). Supportive measures and support resources are available to assist you! 

Reporting is a quick way to access help and receive information to help you make an informed decision about any next steps.  

It depends on who you tell. If you share what happened with a confidential support agency (Campus Advocate-Personal Growth and Counseling Center),  the Title IX Office is NOT notified, except and ONLY if you ask them to contact us so that we can provide supportive measures and/or further discuss your rights and options (See “What kind of help can I get?”). If you do allow them to contact us, the only information they give us is your name, what you need, and very basic information about what happened. We receive no other details. The Campus Advocate can also help you make a report to the Title IX office if you choose. They can speak with you ahead of time to explain what the Title IX reporting process is like. 

It is important for you to know that if you share details about what happened with an employee of CSUMB (who is not a confidential resource such as the Campus Advocate or the Personal Growth and Counseling Center), most employees have a “Duty to Report,” which means they are required to report what you share to the Title IX Office. The Title IX Office will reach out to you with information about your rights and options and offer to meet with you.  

• CSUMB are trained to alert you of their Duty to Report before you share details, so they may 
  and if you choose to tell me more, I might be required to report it to our Title IX/DHR office. I want to be here to support you but also want you to know that before you continue.”
• You may choose to continue (which is fine!) - again, it’s important that you are comfortable with whomever you speak and understand about Duty to Report. 

When the Title IX Office contacts you, you are not required to respond unless you want to connect with Title IX.

CSUMB Employees who have a “Duty to Report:”

• Coaches
• Advisors
• Faculty
• Housing Staff
• Professional Staff 

Student Assistants (when they learn about an incident while on the job) 

For more information about employees who have a Duty to Report and those who do not, please review the Duty to Report section of the Nondiscrimination Policy. 

Important: You get to decide whether to meet with Title IX after a report is filed. You will never be forced to meet with Title IX. You can set up a meeting, then cancel it, then set it up again. Our door stays open.

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 with the Title IX Office or a criminal complaint to receive support services and/or supportive measures. Supportive measures can be implemented to help students who have experienced harm. It’s our responsibility to provide students with ways that will assist them in completing their courses and keep them moving toward obtaining their degree. 

Some of the most common supportive measures include:

• Changing your on-campus living arrangements
• Modifying your class or work schedule
• Helping you get a leave of absence or retroactive withdrawal
• Creating a no-contact order between two parties 

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 to provide the supportive measures (for example, if a no-contact directive is issued). 

Reasonable supportive measures are available on an ongoing basis, now or in the future, at the individual’s request. Our office does not share the details of the incident when requesting academic support from professors. Remember: You do not have to file a formal complaint (go forward with an investigation) to receive supportive measures.   

The most important thing is for YOU to feel safe and get the assistance you need if you have been harmed. 

We encourage you to share what happened with people of your choosing. You might choose to tell:

• The Campus Advocate (confidential)
• Personal Growth and Counseling Center (confidential)
• The Title IX Office
• Campus or local police
•  A university employee (see below information about the Duty to Report)
•  A friend or family member 

If you DO NOT wish to disclose the details of what happened to the Title IX/DHR office, there are confidential support options: 

• Campus Advocate
•  Personal Growth and Counseling Center (PGCC)
•  Physicians, Psychotherapists, Professional Counselors and Clergy – Physicians, psychotherapists, professional, licensed counselors, and clergy who work or volunteer on or off campus acting solely in those roles or capacity, in the provision of medical or mental health treatment or counseling (including those who work or volunteer in those offices)

The Campus Advocate and PGCC can request supportive measures on your behalf, without disclosing details of what happened to the Title IX/DHR office. 

Important: The initial report we receive is called an Incident Report or IR. After that is received, we contact the complainant and provide them with more information about the CSU Nondiscrimination Policy. If what happened is considered a violation of the Nondiscrimination Policy, the complainant has several options for going forward. One of those options is filing a Formal Complaint (This is in addition to the Incident Report). 
 
When a Formal Complaint is filed, the Title IX Coordinator will assess whether to open an investigation into the allegations against the respondent and under which process. At that point, the respondent will be notified. If there are witnesses, they will be contacted and interviewed. Prior to signing a Formal Complaint, we provide the complainant with an estimated timeline for completion and we also prepare them with certain details that may not remain confidential during the course of the investigation. 

Per CSU Nondiscrimination Policy, the Title IX office must remain neutral, which means we can extend supportive measures to all parties involved in the incident, if requested. If the complainant chooses to go forward with a Formal Complaint investigation, the university has a responsibility to gather all evidence necessary to reach a determination regarding responsibility. It is not the complainant’s job to “prove” the allegations, nor is it the respondent’s responsibility to “disprove” the allegations. The procedure and timeline will be explained fully to the complainant. Complainants have the option to have a support person with them at every step of the process.   

Note: We use the information in the IR, along with other details provided by the complainant, as the basis for the Formal Complaint. There are some instances in which the Title IX Coordinator will determine it is necessary to move forward with an investigation even if the complainant does not want one. When a complainant requests that no investigation occur, the Title IX Coordinator must balance the request against the campus’s duty to provide a safe and non-discriminatory environment for all members of the campus community. Any decision is made with care and will be discussed with the complainant. 

Conversely, at any point after an Incident Report is submitted, the complainant can choose to file a Formal Complaint. 

There are many reasons people decide not to report after being harmed, and the fear of not being believed is one. But, please do not let shame, embarrassment, or fear of not being believed stop you from getting assistance. It is not your fault. 

When an incident of sexual assault, sexual misconduct, dating or domestic violence or stalking is reported to the Title IX office, the purpose of the Title IX office is to immediately offer supportive measures and resources, whether or not a Formal Complaint is filed. 

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 parties involved 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.  

If you are requesting supportive measures in your classes, the Title IX office will email your professors and note that the supportive measures are authorized for valid reasons authorized under the CSU Nondiscrimination Policy. We will not share details of your report with your professors.  

Important: If you do not want the Title IX office to know any details, you have the option of reporting the incident to the Campus Advocate or a counselor at the Personal Growth and Counseling Center (PGCC). The Campus Advocate and PGCC are confidential resources and will not share any information with Title IX/DHR. 

Note: If you choose to go forward with filing a Formal Complaint, the details of what happened will be shared with the parties involved in the investigation, which can include Complainants, Respondents, Witnesses (to the extent information is necessary for witnesses to answer questions), potential Hearing Officers, Investigators, etc. Our staff will explain exactly what to expect prior to starting the proceedings. 

The short answer is that it’s not up to you to know what is covered under Title IX/CSU Nondiscrimination Policy. That’s the job of the Title IX/DHR office staff to determine. 

If you submit a report (or one is submitted on your behalf), we will provide you with information about what your options are, which includes your rights under the Title IX/CSU Nondiscrimination Policy. There will be a lot to sift through, which is why we invite you to come meet with us so that we can answer any questions you may have and discuss your rights and options. 

There are Student Housing and Residential Life rules that address drug and alcohol use, and some specific behaviors are prohibited, as listed in the Student Code of Conduct. 

However, in cases involving alleged CSU Nondiscrimination Policy violations, our primary concern is the safety and well-being of the individuals who have experienced harm and also that of the campus community.  

Support and resources are available to the complainant (survivor) regardless of the presence or use of alcohol, drugs, or other controlled substances. 

A student who participates as a complainant or witness in a complaint process relating to sexual misconduct, sexual exploitation, dating violence, domestic violence, or stalking will not be subject to discipline for related violations of the Student Code of Conduct at or near the time of the incident, unless the campus determines that the violation was egregious, including, but not limited to, an action that places the health or safety of any other person at risk or involves plagiarism, cheating, or academic dishonesty. The campus may, however, take other appropriate action including having an educational discussion with the student. 

Remember: Confidential support options are available through the Campus Advocate and Personal Growth and Counseling Center (PGCC).