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Title IX 

 

The California State University does not discriminate on the basis of sex, gender, or sexual orientation in its education programs or activities. Title IX of the Education Amendments of 1972, and certain other federal and state laws,1 prohibit discrimination on the basis of sex, gender, or sexual orientation in employment, as well as all education programs and activities operated by the University (both on and off campus), and protect all people regardless of their gender or gender identity from sex discrimination, which includes sexual harassment and sexual violence.

Sex Discrimination means an adverse action taken against an individual because of gender or sex (including sexual harassment, sexual violence, domestic violence, dating violence, and stalking) as prohibited by Title IX; Title IV; VAWA/Campus SaVE Act; California Education Code § 66250 et seq.; and/or California Government Code § 11135. See also Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act (Cal. Govt. Code § 12940 et seq.), and other applicable laws.  Both men and women can be victims of Sex Discrimination.

a.Submission to, or rejection of, the conduct is explicitly or implicitly used as the basis for any decision affecting a student's academic status or progress, or access to benefits and services, honors, programs, or activities available at or through the University; or

b.Such conduct is sufficiently severe, persistent or pervasive that its effect, whether or not intended, could be considered by a reasonable person in the shoes of the student, and is in fact considered by the student, as limiting the student's ability to participate in or benefit from the services, activities or opportunities offered by the University; or

c.Submission to, or rejection of, the conduct by a University employee is explicitly or implicitly used as the basis for any decision affecting a term or condition of employment, or an employment decision or action; or

d.Such conduct is sufficiently severe, persistent or pervasive that its effect, whether or not intended, could be considered by a reasonable person in the shoes of the University employee or third party, and is in fact considered by the University employee or third party, as intimidating, hostile or offensive.

Sexual Harassment also includes acts of verbal, non-verbal or physical aggression, intimidation or hostility based on gender or sex-stereotyping, even if those acts do not involve conduct of a sexual nature.

♦    See further information in the California Maritime Academy's sexual violence prevention and education statement at http://www.csum.edu/web/police-services/clery.

Sexual Violence is a form of Sexual Harassment and means physical sexual acts, such as unwelcome sexual touching, sexual assault, sexual battery, rape, domestic violence, dating violence, and stalking (when based on gender or sex), perpetrated against an individual against his or her will and without consent or against an individual who is incapable of giving consent due to that individual's use of drugs or alcohol, status as a minor, or disability. Sexual Violence may include physical force, violence, threat, or intimidation, ignoring the objections of the other person, causing the other person's intoxication or incapacitation through the use of drugs or alcohol, or taking advantage of the other person's incapacitation (including voluntary intoxication)

Men as well as women can be victims of these forms of Sexual Violence. Unlawful sexual intercourse with a minor (statutory rape) occurs even if the intercourse is consensual when the victim is under 18 years old, because the victim is considered incapable of giving legal consent due to age.

Sexual Assault is a form of Sexual Violence and is an attempt, coupled with the ability, to commit a violent injury on the person of another because of that person's gender or sex.

Sexual Battery is a form of Sexual Violence and is any willful and unlawful use of force or violence upon the person of another because of that person's gender or sex.

Rape is a form of Sexual Violence, and is non-consensual sexual intercourse that may also involve the use of threat of force, violence, or immediate and unlawful bodily injury or threats of future retaliation and duress. Any sexual penetration, however slight, is sufficient to constitute rape.  Sexual acts including intercourse are considered non-consensual when the 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 accused's relationship to the person (such as family member, spouse, friend, acquaintance or stranger) is irrelevant. (See complete definition of Consent below.)

Acquaintance Rape is a form of Sexual Violence committed by an individual known to the victim.  This includes a person the victim may have just met; i.e., at a party, introduced through a friend, or on a social networking website.   (See above for definition of Rape.)

Consent means an informed, affirmative, conscious decision by each participant to engage in mutually agreed-upon sexual activity.

  • Consent must be voluntary, and given without coercion, force, threats, or intimidation.
    Consent requires positive cooperation in a particular sexual act, or expression of intent to engage in that sexual act through the exercise of free will.
  • Consent can be withdrawn or revoked.  Consent to one form of sexual activity (or one sexual act) does not constitute consent to other forms of sexual activity (or other sexual acts).  Consent to sexual activity given on one occasion does not constitute consent to sexual activity on another occasion. The fact that two people are or were in a dating or sexual relationship does not constitute consent to engage in sexual activity.  There must always be mutual and affirmative consent to engage in sexual activity. Consent to a sexual act may be withdrawn or revoked at any time, including after penetration.  The victim's request for the perpetrator to use a condom or birth control does not, in and of itself, constitute consent. Once consent is withdrawn or revoked, the sexual activity must stop immediately.
     
  • Consent cannot be given by a person who is incapacitated. For example, a person cannot give consent if s/he is unconscious or coming in and out of consciousness. A person is incapacitated if s/he lacks the physical and/or mental ability to make informed, rational judgments.  Examples of incapacitation include unconsciousness, sleep and blackouts. Whether an intoxicated person (as a result of using alcohol or other drugs) is incapacitated depends on the extent to which the alcohol or other drugs impact the person's decision-making capacity, awareness of consequences, and ability to make fully informed judgments.  A person with a medical or mental disability may also lack the capacity to give consent.
  • Being intoxicated by drugs or alcohol does not diminish a person's responsibility to obtain consent from the other party before engaging in sexual activity.  Factors to be considered include whether the person knew, or whether a reasonable person in the accused's position should have known, that the victim did not give, or revoked, consent; was incapacitated; or was otherwise incapable of giving consent.
  • Sexual intercourse with a minor is never consensual when the victim is under 18 years old, because the victim is considered incapable of giving legal consent due to age.

Domestic Violence is a form of Sexual Violence and is abuse committed against someone who is a current or former spouse, current or former cohabitant, someone with whom the abuser has a child, someone with whom the abuser has or had a dating or engagement relationship, or a person similarly situated under California domestic or family violence law. Cohabitant means two unrelated persons living together for a substantial period of time, resulting in some permanency of relationship.  Factors that may determine whether persons are cohabiting include, but are not limited to (1) sexual relations between the parties while sharing the same living quarters, (2) sharing of income or expenses, (3) joint use or ownership of property, (4) whether the parties hold themselves out as husband and wife, (5) the continuity of the relationship, and (6) the length of the relationship.

Dating Violence is a form of Sexual Violence, and is abuse committed by a person who is or has been in a social or dating relationship of a romantic or intimate nature with the victim. This may include someone the victim just met; i.e., at a party, introduced through a friend, or on a social networking website.

Stalking means a repeated course of conduct directed at a specific person (when based on gender or sex) that places that person in reasonable fear for his/her or others' safety, or to suffer substantial emotional distress.

 

Who to Contact If You Have Complaints, Questions or Concerns

Call 9-1-1 if you are in the midst of any kind of emergency, immediate harm or threat of harm.

The University has designated a Title IX Coordinator to monitor and oversee overall compliance with laws and policies related to nondiscrimination based on sex.  The campus Title IX Coordinator is available to explain and discuss:  Your right to file a criminal complaint (in cases of Sexual Violence); the University's relevant complaint process, and your right to receive assistance with that process, including the investigation process; how confidentiality is handled; available resources, both on and off campus; and other related matters.

If you have experienced Sexual Violence you are encouraged to seek immediate assistance from police and healthcare providers for your physical safety, emotional support and medical care.   The campus Title IX Coordinator is available to assist you in notifying University police, if you wish.  University police can escort you to a safe place and transport you to a hospital or a sexual assault response center for a medical examination, if needed.  University police can also provide access to a confidential sexual assault advocate.   If you would prefer not to notify University or local  police, you are strongly encouraged to seek assistance from the campus Title IX Coordinator who can provide you with information on your options, rights and remedies.

Campus Title IX Coordinator:

♦    Ingrid C. Williams, Executive Director of Human Resources

♦    200 Maritime Academy Drive

Vallejo, CA  94590-8181

iwilliams@csum.edu

♦    707-654-1135

Deputy Title IX Coordinators:

  1.  Emily Busquaert, Staff Employment and Compensation Manager          Human Resources

    ebusquaert@csum.edu

    (707) 654-1139

  2. Brigham Timpson, Director of University Affairs          Office of the President

    btimpson@csum.edu

    (707) 654-1788

  3. Deborrah Hebert, Dean of Students          Office of the Dean of Students

    dhebert@csum.edu

    (707) 654-1182

  4. Erin Brogan, Commandant of Cadets           Office of the Commandant

    rbrogan@csum.edu

    (707) 654-1181

  5. Nael Aly, Academic Dean          Academic Dean

    naly@csum.edu

    (707) 654-1145

University Police (Police Services)

♦    Chief Roseann Richard

♦    200 Maritime Academy Dr.

      Vallejo, CA  94590-8181

      rrichard@csum.edu

♦    707-654-1175

 

Student Health Services

Email: healthcenter@csum.edu
Phone: (707) 654-1170
Fax: (707) 654-1171

U.S. Department of Education, Office for Civil Rights:

♦    800-421-3481 or ocr@ed.gov

♦ 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.htm

Title IX requires the university to adopt and publish complaint procedures that provide for prompt and equitable resolution of sex discrimination complaints, including sexual harassment and violence. 

Complaint Procedures

 

CSU Executive Order 1097 is the systemwide procedure for all complaints of discrimination, harassment or retaliation made by students against the CSU, a CSU employee, other CSU students or a third party. 

Except in the case of a privilege recognized under California law (examples of which include Evidence Code §§1014 (psychotherapist-patient); 1035.8 (sexual assault counselor-victim); and 1037.5 (domestic violence counselor-victim), any member of the University community who knows of or has reason to know of sexual discrimination allegations shall promptly inform the campus Title IX Coordinator.

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

 

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 sexual discrimination, harassment or violence; 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 assault 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. 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 charged with sexual discrimination, harassment or violence will be subject to discipline, pursuant to the California State University Student Conduct Procedures (see Executive Order 1098) and will be subject to appropriate sanctions. 

In addition, during any investigation, the university may implement interim measures in order to maintain a safe and non-discriminatory educational environment. Such measures may include immediate interim suspension from the university, required move from university-owned or affiliated housing, adjustment to course schedule, or prohibition from contact with parties involved in the alleged incident.

 Additional Resources

♦    California Maritime Academy's sexual violence prevention and education at http://www.csum.edu/web/police-services/clery.

♦    U.S. Department of Education, regional office:

      Office for Civil Rights

      50 Beale Street, Suite 7200

      San Francisco, CA 94105

      415-486-5555

      TDD 877-521-2172

♦    U.S. Department of Education, national office:

      Office for Civil Rights

      800-872-5327

 

♦    Know Your Rights about Title IX

      http://www2.ed.gov/about/offices/list/ocr/docs/title-ix-rights-201104.html

 

California Coalition Against Sexual Assault

(http://calcasa.org/)

1215 K. Street, Suite 1850

Sacramento, CA 95814

916-446-2520

 

♦    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

♦    Centers for Disease Control and Prevention: Intimate Partner Violence

♦    Defending Childhood, United States Department of Justice

♦    Local Community Resource Information:

Rape Crisis Hotline:  707-258-8000

Mental Health Crisis Line:  707-553-5332

Victims of Crime Resources:  1-800-842-8467

Training, Education and Preventive Measures
 
• Each campus must implement preventive education programs to promote the awareness of CSU policies against Sex Discrimination, Sexual Harassment and Sexual Violence (including Domestic Violence, Dating Violence, and Stalking) and to make victim resources available, including comprehensive victim services. Information regarding these programs must be included in (1) orientation programs for all new students21 and employees; (2) training for students who serve as advisors in residence halls; and (3) training for student athletes and coaches. Ongoing prevention and awareness campaigns for all students and employees shall also be conducted. These programs shall include the following information: A statement that the CSU prohibits Sex Discrimination, including Sexual Harassment, Sexual Violence, Domestic Violence, Dating Violence, and Stalking.
• What constitutes Sex Discrimination, Sexual Harassment, Sexual Violence, Domestic Violence, Dating Violence, and Stalking.
• The definition of Consent.
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• A statement that Sexual Violence (including Domestic Violence, Dating Violence, and Stalking) violate University policy and criminal law.
• Common facts and myths about the causes of Sexual Violence.
• Safe and positive options for bystander intervention that may be taken by an individual to prevent harm or intervene in risky situations involving these offenses.
• Methods of encouraging peer support for victims.
• A statement explaining that the University's primary concern is the safety of members of the campus community; that the use of alcohol or drugs never makes the victim at fault for Sexual Violence; that students or employees who are victims should not be deterred from reporting incidents out of a concern that they might be disciplined for related violations of drug, alcohol, or other University policies; and that except in extreme circumstances, students or employees who are victims shall not be subject to discipline.
• How to recognize warning signs of abusive behavior and how to avoid potential attacks.
• What someone should do if s/he has been the victim of, or witness to, Sex Discrimination, Sexual Harassment, Sexual Violence, Domestic Violence, Dating Violence, and Stalking.
• Individuals to whom incidents may be reported.
• The availability of, and contact information for, campus and community resources for Sexual Violence victims.
• Campus and systemwide policies and disciplinary procedures available for addressing alleged violations and the consequences of violating these policies. Such proceedings shall:
  • Provide a prompt, fair, and impartial investigation and resolution;
  • Be conducted by officials who receive annual training on issues related to Sex Discrimination, Sexual Harassment, Sexual Violence, Domestic Violence, Dating Violence, and Stalking, and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability.
• The accuser and the accused are entitled to 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.
• Both the accuser and the accused shall be simultaneously informed in writing of:
o The outcome of any disciplinary proceedings that arises from an allegation of Sexual Violence, Domestic Violence, Dating Violence, and Stalking;
  • The University's procedures for the accused to appeal the results of the disciplinary proceeding;
  • Any change to the disciplinary results that occurs prior to the time such results become final; and
  • When disciplinary results become final.
• Possible sanctions or protective measures the University may impose following the final determination of a University disciplinary procedure regarding Sexual Violence, Domestic Violence, Dating Violence, or Stalking.
• How the University will protect the confidentiality of victims, including how publicly- available recordkeeping (e.g., campus Clery reports) will be accomplished without the inclusion of identifying information about the victim, to the extent permissible by law.
• That persons who report being a victim of Sexual Violence, Domestic Violence, Dating Violence, or Stalking must receive written notification about:
 
  • Existing counseling, health, mental health, victim advocacy, legal assistance, and other services available for victims, both on campus and in the community.
  • Options for, and available assistance in, changing academic, living, transportation, and working situations, if requested by the victim and if such accommodations are reasonably available, regardless of whether the victim chooses to report the crime to campus police or local law enforcement.

• Procedures complainants should follow if Sexual Violence, Domestic Violence, Dating Violence, and Stalking has occurred, as well as the fact that the following written information must be provided to victims:

o The importance of preserving evidence as may be necessary to prove criminal Domestic Violence, Dating Violence, Sexual Assault, or Stalking, or to obtain a temporary restraining or other protective order;
o The name and contact information of the University employee(s) to whom the alleged offense should be reported;
o Reporting to law enforcement and campus authorities, including the victim's 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;
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o Where applicable, the rights of victims and the University's responsibilities regarding orders of protection, no contact orders, restraining orders, or similar lawful orders issued by a criminal, civil, or tribal court.