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Annual Compliance Reports: Jeanne Clery Disclosure of Campus Security Policy, Fire Safety Report, and Campus Safety Plan

The reports below are prepared by the University pursuant to the Clery Act and Califorina State law. The Annual Security Report and the Campus Housing Fire Safety Report are due annually by October 1 and include crime statistics for the prior three calendar years. The annual Campus Safety Plan is due by December 31 and includes crime statistics for the prior twelve months and crime prevention and safety programming planned for the next year. All students, staff, and faculty receive the annual notice in a University-wide e-mail. Paper copies can be obtained by contacting the Department of Safety and Risk Management at (707) 654-1076. The full electronic version of the report can be reviewed and downloaded from this webpage.  Click the report image or test view the PDF version of the Annual Report.

Annual Campus Security Report

TSGB Annual TSGB Security Report

Annual Campus Fire Safety Report

Annual Campus Safety Plan

This report contains information on annual information about campus crime and security policies for the main campusThis report contains information on annual information about campus crime and security policies for the Training Ship Golden Bear, while it is at sea.This report contains information on emergency evacuation procedures, fire safety systems, and fire statistics relating to on campus student residence halls. This report contains information on campus initiatives preceding 18 months to increase safety, and any changes in safety precautions expected to be made during the next 24 months.

 

CSA REPORTING FORM 

 

The Annual Security Report is an institutional responsibility preprared by the Department of Safety and Risk Management, in collaboration with Cal Maritime Campus Security Authorities, University Police Department, Housing and Residential Life, Student Judicial, various campus departments as well as information provided by local law enforcement agencies. 

To comply with the federal law, the Clery Coordinator collects crime statistics from local police agencies, by providing the addresses of off-campus property either owned or controlled by the university, or public property immediately adjacent to campus. All local police agencies, where Cal Maritime property is located provide automated statistics for the property and a radius around the property requested. All Campus Security Authorities have an obligation to forward information on offenses reported to them for inclusion in the report. Campus Security Authorities include not only University police, but also employees on campus, athletic coaches, Housing and Residence Life staff, student activity coordinators, Cadet Corps staff and Commandants, and faculty advisors to student groups.

Preparing the ASR

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 USC § 1092(f), Higher Education Act of 1965, is a federal law that requires colleges and universities to disclose certain timely and annual information about campus crime and security policies. All public and private post-secondary educational institutions participating in federal student aid programs are required to comply with it. The law, originally enacted by Congress in 1990 as the Campus Security Act, was initiated by Howard and Connie Clery after their daughter Jeanne was killed at Lehigh University in 1986. Amendments to the Act renamed it in memory of Jeanne Clery.

The Clery Act requires colleges and universities to publish an annual report every year by October 1st that contains policies and procedures that are current as of the publication date and three years of crime statistics for the previous three calendar years.  The complete text of the Clery Act and the US Department of Education regulations can be found on the Department of Education website(https://www2.ed.gov/admins/lead/safety/campus.html).  The California State University reporting requirements are outlined in Executive Order 1107(http://www.calstate.edu/eo/EO-1107.html).

The Annual Security Report is coordinated and compiled by the Department of Safety and Risk Management.  It is a collaborative and comprehensive effort that compiles information gathered from all divisions of the University and from our neighboring law enforcement partners.  Each entity is asked to provide crime statistics and/or information on their educational efforts and programs that contribute to the safety of our students, faculty, staff, and guests.

All students, staff, and faculty receive the annual notice in a University-wide e-mail. .  Paper copies can be obtained by contacting the Department of Safety and Risk Management at (707) 654-1076. The full electronic version of the report can be reviewed and downloaded from this webpage.  

Preparing the Campus Safety Report

Pursuant to California Education Code § 67380, each CSU campus is required to be in compliance by providing information regarding special safeguards that have been established for particular facilities or activities in the preceding 18 months to increase safety, and any changes in safety precautions expected to be made during the next 24 months. 

Greetings from the Cal Maritime Police Department;

Please know that we are committed to serving and protecting you.  We are committed to raising the quality of life bar, through our dedication to community oriented policing.  Honor, Integrity, Teamwork, and Leadership are at the forefront of our mission.  Transparency is paramount to maintaining community trust, and we are pleased to present the Annual Security Report.

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) is a federal statute codified at 20 U.S.C. 1092(f), as a part of the Higher Education Act of 1965, with implementing regulations in the U.S. Code of Federal Regulations at 34 CFR 668.46.

The Clery Act requires all public and private postsecondary educational institutions that participate in federal financial aid programs to keep and disclose certain timely and annual information, about crime on and near their campus, as well as, disclosing the campus' security policies. The annual information is published every year by October 1st, in a report called the Annual Security Report (ASR). The ASR is part of an on-going effort to promote safety and security at Cal Maritime. This report describes University policies and procedures regarding security and campus safety, in addition to criminal statistical data regarding our campus and certain off-campus property (as defined below) from the previous three calendar years. 

I urge you to read the information and welcome your feedback and questions.  We look forward to working collaboratively with you while employing methods of crime prevention, timely reporting, and proficient policing.  Our motto is: "Pride through Professionalism," and we thank you for the opportunity to serve you.

 

Sincerely,

Donny E. Gordon

Chief of Police

The following definitions will be used for reporting Clery crimes, which are derived from the Federal Bureau of Investigation's (FBI) Uniform Crime Reporting (UCR) Program as follows:

  • The definitions for murder, rape, robbery, aggravated assault, burglary, motor vehicle theft, weapons law violations, drug abuse violations, and liquor law violations are from the "Summary Reporting System (SRS) User Manual" from the FBI's UCR Program.
  • The definitions for are excerpted from the "National Incident-Based, Reporting System (NIBRS) User Manual" from the FBI's UCR Program.
  • The definitions for Larceny-Theft (except Motor Vehicle Theft), Simple Assault, Intimidation, and Destruction/Damage/Vandalism of Property are from the "Hate Crime Data Collection Guidelines and Training Manual" from the FBI's UCR Program.
  • The definitions for Dating Violence, Domestic Violence, And Stalking are from the Department of Education's Clery Act implementing regulations at 34 C.F.R. §668.46.

The statistics provide a summary of crime at Sonoma State University between January 1, 2015 and December 31 for 2017.

Crime statistics are collected annually from law enforcement agencies with concurrent law enforcement jurisdiction(s) surrounding the University and off-site properties or facilities owned or controlled by Sonoma State University. These law enforcement agencies provide crime statistics they have collected for crimes occurring on on-campus properties or public property immediately adjacent to University properties or facilities. Sonoma State University does not have any properties off-campus that are owned by student organizations.

Crime statistics are classified and counted pursuant to the guidelines as specified in The Handbook of Campus Safety and Security Reporting, 2016 edition and separated by the following geographical areas:

  • On campus
  • On-campus residential housing facilities
  • On public property adjacent to the University
  • Non-campus, University-owned property located other than on main campus:
    • Anchor Center, downtown Vallejo, California
    • Marine Safety and Security Center, Richmond, California

Crime statistics for public property adjacent to the University are requested from and provided in part by Vallejo Department of Public Safety, California Highway Patrol, and the Solano County Sheriff's Department. Information about crimes at non-campus, University-owned properties in Richmond is provided by the Contra Costa County Sheriff's Office.

 

CLERY CRIME STATISTICS 2015 – 2017

OFFENSE

YEAR

CAMPUS

CAMPUS RESIDENTIAL

NON-CAMPUS

PUBLIC PROPERTY

Murder

2015

0

0

0

0

2016

0

0

0

0

2017

0

0

0

0

Manslaughter by negligence

2015

0

0

0

0

2016

0

0

0

0

2017

0

0

0

0

Rape

2015

0

0

0

0

2016

1

1

0

0

2017

1

1

0

0

Fondling

2015

1

0

0

0

2016

0

0

0

0

2017

0

0

0

0

Incest

2015

0

0

0

0

2016

0

0

0

0

2017

0

0

0

0

Statutory Rape

2015

0

0

0

0

2016

0

0

0

0

2017

0

0

0

0

Robbery

2015

0

0

0

1

2016

0

0

0

0

2017

0

0

0

0

Aggravated Assault

2015

0

0

0

0

2016

0

0

0

0

2017

1

0

0

0

Burglary

2015

2

1

0

0

2016

1

1

0

0

2017

2

1

0

0

Motor vehicle theft

2015

0

0

0

1

2016

0

0

0

2

2017

0

0

0

0

Arson

2015

0

0

0

0

2016

0

0

0

0

2017

0

0

0

0

 

OFFENSE

YEAR

CAMPUS

CAMPUS RESIDENTIAL

NON-CAMPUS

PUBLIC PROPERTY

Dating Violence

2015

0

0

0

0

2016

1

1

0

0

2017

1

1

0

0

Domestic Violence

2015

0

0

0

1

2016

0

0

0

0

2017

1

1

0

0

Stalking

2015

0

0

0

0

2016

0

0

0

0

2017

0

0

0

0

OFFENSE

YEAR

CAMPUS

CAMPUS RESIDENTIAL

NON-CAMPUS

PUBLIC PROPERTY

Liquor law arrests

2015

0

0

0

0

2016

0

0

0

0

2017

3

3

0

0

Liquor law referrals

2015

23

23

0

2

2016

13

13

0

0

2017

40

40

0

0

Drug law arrests

2015

0

0

0

3

2016

1

1

0

0

2017

0

0

0

2

Drug law referrals

2015

2

2

0

0

2016

4

4

0

0

2017

3

3

0

0

Weapons law arrests

2015

1

1

0

1

2016

0

0

0

0

2017

0

0

0

0

Weapons law referrals

2015

0

0

0

0

2016

0

0

0

0

2017

0

0

0

0

 

 

OFFENSE

YEAR

TOTAL

 

 

Unfounded Crimes

2015

0

 

 

2016

0

 

 

2017

0

 

Hate Crimes

  • 2015- There were NO REPORTED HATE CRIMES
  • 2016- There were NO REPORTED HATE CRIMES
  • 2017- There were NO REPORTED HATE CRIMES

 

The Cal Maritime Police Department (CMPD), similar to other Police agencies from your local communities, provides 24-hour law enforcement service throughout the entire year, including all holidays. CMPD strongly encourages our students, staff, faculty, and visitors to immediately report any crimes to University Police.

University Police is located at the corner of Maritime Academy Drive and Country Lane. In-progress suspicious or criminal acts and all police, fire, or medical emergencies should be reported directly to University Police by calling 9-1-1 from any phone or by pushing the red button on a "blue-light" campus emergency phone. For all non-emergencies and regular business, call Police Dispatch at 707-654-1176.

The "blue-light" campus emergency phones are strategically located throughout the entire campus and have blue lights for easy visibility. When calling in emergencies, be prepared to provide the police dispatcher with your name, telephone number, and location, as well as any pertinent information (such as suspect and vehicle description, direction of travel, etc.). Always stay on the line until the dispatcher ends the call. Cal Maritime does not have anonymous or confidential crime reporting programs in University Police. In cases involving sexual assaults, crimes may also be reported to those listed under "Reporting Sexual Assaults."

Anonymous Reporting

Any person may anonymously report certain incidents or crimes using online forms available at the following locations:

  • Bias Incident: Any person who was the subject or witness to a bias incident, criminal or noncriminal, may report that incident at 
  • Sexual Misconduct/Discrimination: Any person who has been the subject of, or witness to, sexual misconduct or discrimination by any Cal Maritime affiliated person, may report such an incident at 

The Cal Maritime Police Department ("UPD" or "University Police") encourages accurate and prompt reporting of all crimes and investigates reported crimes and suspicious incidents to the fullest extent possible. When the victim of the crime elects to or is unable to make such a report, to allow for timely follow up, the issuance of timely warnings when warranted and for potential future crime prevention. (Suspicious behavior or other situations of concern can of course also always be reported by any person to the UPD). University Police provides 24 hour/ 7 day service and encourages the prompt reporting all crimes, accidents, or incidents that occur on or near the campus as follows.

The University has designated a Title IX Coordinator to provide students, faculty and staff with assistance and support, and to monitor and oversee overall compliance with laws and policies related to sexual violence. The campus Title IX Coordinator is available to explain and discuss the right to file a criminal complaint, the University's relevant complaint process and the 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. Additionally, the campus Title IX Coordinator can assist students, faculty and staff in notifying the police. If a student prefers not to notify the police, they are strongly encouraged to seek assistance from the campus Title IX Coordinator, who can provide information on options, rights and remedies, and/or a sexual assault counselor or advocate.

Campus Reporting Options

Immediately report all in-progress suspicious or criminal acts, and all police, fire, and medical emergencies to the University Police Department by calling 911, or University Police Emergency Dispatch: 911; or by utilizing any campus Emergency Blue Light Phone. Upon receipt of the call, officers will be dispatched immediately to the location of the complaint.

To file a non-emergency police report, call University Police Non-Emergency Dispatch at (707) 654-1176, and an officer will respond to your location; or reports can be made in person at the Police Public Counter, located in the building at the intersection of Maritime Academy Drive and Faculty Drive. Bystanders or witnesses are encouraged to report when a victim is unable to report. Students residing in the Residence Halls may contact the on- duty Housing & Residence Life Staff, who will immediately notify the University Police of an emergency.

The University will issue a timely warning as soon as pertinent information is available when a Clery reportable crime is reported to UPD or a designated campus security authority, occurred in a Clery defined geographical area, and a case by case analysis of pertinent facts known is completed and a determination is made an on- going or continuing threat to the community exists.

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 CSA and/or UPD. The Chief of Police, with the Clery Director if one is appointed and is 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 is 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

For clarity to the community when a timely warning is issued it will be titled "Timely Warning Crime Bulletin" and include the following:

  • A statement that the 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.
  • The Clery Act reportable crime that occurred
  • The date, time, and location the crime occurred
  • The date the Timely Warning Bulletin is issued
  • A description of the suspect, and name if known, when the suspect is at large and evading apprehension and/or law enforcement is seeking assistance from the public to locate
  • Preventative information specifically related to the type of crime which occurred that could help others from becoming the victim of a similar crime

The Timely Warning Bulletins will not include, under any circumstances, the name of the victim, or information so specific that would or likely could identify the victim of the crimes of sexual violence to include rape, dating violence, domestic violence, or stalking. Issuance of timely warnings will be delayed only if the issuance would compromise the apprehension of the suspect or compromise the ability of law enforcement to investigate the crime.

Pursuant to California Education Code section 67380(a)(6)(A), 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 non-campus 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:

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

Staff, Faculty, and students working late or on weekends who require access to these buildings after normal operating hours will need to contact University Police Non- Emergency Dispatch, (707) 654-1176, to request access, which is thereby restricted to those who possess authorization from the appropriate department head or through prior arrangements.  Holiday access is treated as weekend access. Keys and keyless access via electronic access cards (Port Pass) are administered by Facilities Management and the IT Department. Only trusted agents for facility work known to be under contract are allowed to access Campus and housing buildings, under escort where applicable.  This is universal for all facilities.

The University Police Department (UPD) has primary law enforcement jurisdiction on the grounds of Cal Maritime with authority extended to anywhere within the state. This authority is consistent with the California Penal Code §830.2 and the California Education Code §89560. The UPD is responsible for the 24-hour protection of the entire campus community. University Police Officers have the same full law enforcement- arrest powers and responsibilities under State law as municipal police officers and county sheriffs. All officers must complete a State approved police academy, a comprehensive University Police field training program and firearms training. In addition to police officers and support staff, port security guards work in a non-sworn capacity assisting operations with port security, foot and vehicle patrol, educational programs, and parking enforcement University police officers and port security guards conduct vehicular, foot, and bicycle patrols on campus 24 hours a day. The University Police Department maintains a close working relationship with the City of Vallejo and have jurisdiction on the city streets within 1-mile of the campus.

Law Enforcement Interagency Cooperation

The University Police Department enjoys an excellent rapport and effective relationship with allied law enforcement agencies as described below:

City of Vallejo Police Department

The University Police Department maintains an excellent relationship with the City of Vallejo, which borders the campus. The Cal Maritime Department helps to maintain a safer campus by providing mutual aid assistance when requested and jointly trains with University Police Officers throughout the year. Pursuant to a Memorandum of Understanding (MOU), UPD and Vallejo share congruent jurisdiction within a one mile radius extending from campus borders into the City of Vallejo. UPD Officers proactively patrol within this one mile radius and have the ability to enforce city ordinances and issue municipal citations for public disorder crimes.

Solano County Sheriff's Office

Pursuant to an MOU, should a major crime occur on campus that exhausts the resources of the University Police, the Solano Sheriff's Department may be asked to assist with their resources.  All other crimes are routinely investigated by members of the University Police Department. The University Police Department also partners with The Solano County matters of county-wide emergency management. Additional information about the Solano County and the services provided by the Sheriff's Office can be found at: https://www.solanocounty.com/depts/sheriff/

Federal and State Law Enforcement

The University Police Department may also utilize the services of the California State Highway Patrol (CHP), U.S. Secret Service, and FBI while investigating major crimes or to provide security during events or for dignitaries who may visit our campus. Law enforcement jurisdiction in the surrounding communities and adjacent public streets is shared between the University Police and Vallejo Police Department, Solano County Sheriff's Department, the California Highway Patrol, and all local, state and federal law enforcement agencies share a mutual aid agreement. All offenses committed on Cal Maritime property are investigated by the University Police Department, with the exception of homicides and other criminal cases requiring resources beyond what the University Police Department can provide. In those instances, we work in concert with Vallejo Police Department and/or in collaboration with other law enforcement agencies in incidents involving campus community members or requiring inter-agency collaboration. The University Police Department maintains an operational Memorandum of Understanding (MOU) with Vallejo Police Department that complies with the Kristin Smart Campus Safety Act and Higher Education Opportunity Act.

When a Cal Maritime student is involved in an off-campus crime or incident, University Police may assist in cooperation with the agency handling the investigation. Any student arrested for or found guilty of committing a crime off-campus may also be subject to university disciplinary adjudication for violation of the Student Code of Conduct.

The entire campus community is strongly encouraged to report any and all known or suspected incidents of criminal activity on campus to the University Police Department immediately. Voluntary confidential reporting of crime incidents on-campus may be made to other non-police campus security authorities, who are officials of the institution and have significant responsibility for student and campus activities (including, but not limited to, student housing, student discipline, campus judicial proceedings, athletic officials, deans or faculty advisors). Confidential crime reporting can be made when the victim of the crime elects it or is unable to make such a report.

Cal Maritime offers security awareness programs to inform the campus community about university policies, procedures, and practices that encourage students and employees to be responsible for their personal safety and safety of others, when possible. A common theme of all security awareness programs is to encourage students and employees to be aware of their responsibility for their own security and the security of others. Various student organizations and campus departments conduct security procedure programs.

The Departments of Human Resources, Title IX, Academic Affairs, and Student Affairs offers an annual educational campaign consisting of presentations that include distribution of educational materials to new and returning students and employees.

Presentations include information that:

  • Identify domestic violence, dating violence, sexual assault and stalking as prohibited conduct;
  • Provides definitions of terms utilized by the Department of Education as well as state law pertaining to conduct that constitutes domestic violence, dating violence, sexual assault, and stalking;
  • Defines what behavior and actions constitute consent to sexual activity in the State of California and/or using the definition of consent found in CSU policy in Executive Orders 1095, 1096, 1097, and 1098;
  • Provides a description of safe and positive options for bystander intervention. Bystander intervention is a strategy that provides 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 dating violence, domestic violence, sexual assault 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;
  • Provides information on risk reduction. Risk reduction means options designed to decrease perpetration and bystander inaction and to increase empowerment for victims in order to promote safety and to help individuals and communities address conditions that facilitate violence.

In addition, the UPD offers security awareness programs to inform the campus community about university policies, procedures, and practices and that encourage students and employees to be responsible for their personal safety and safety of others, when possible.  The following programs are offered to the campus community during Orientation Week, Coffee with the Chief, and open lectures/discussions:

  • Safety Escort

The UPD provides a safety escort anywhere within the campus jurisdiction upon request through dispatch. These escorts are performed by police officers and port security guards.  To request a safety escort, call University Police Non- Emergency Dispatch, (707) 654-1176.

  • Operation ID

The UPD provides the campus community the courtesy of using an engraving tool for use to mark their personal property; this may assist with identifying the items if ever lost or stolen. We encourage marking high value items such as laptop computers, desktop computers, and cameras etc. To request an appointment, call University Police Non-Emergency Dispatch, (707) 654- 654-1176; or visit us at the public counter during business hours.

  • If I Were a Thief

If a member of the UPD discovers an unsecured building door, including residence halls and vehicle doors, a door tag or note will be left on the door or inside of the vehicle advising the owner of our discovery and make all attempts to secure the door. 

  • Bicycle Program

The UPD offers a free bicycle registration program for the Cal Maritime community. Licensing and registering a bicycle discourages theft and aids in identification, should a stolen bicycle be recovered. We encourage all major components be engraved with an identification number of your choice. This information will be recorded and saved along with purchase receipts, manufacturer's information, and a photograph of the bicycle.

Crime Prevention Programs on personal safety and theft prevention are sponsored by various campus organizations throughout the year. University Police personnel facilitate programs for student, parent, faculty and new employee orientations, student organizations and community organizations. In addition, they facilitate programs for Residential Life Housing Resident Advisors and residents, providing a variety of educational strategies and tips on how to protect themselves from sexual assault, theft and other crimes.

Ongoing Awareness and Prevention Programs Offered To New and Returning Students

  • New Student Orientation
  • Parent Orientation
  • Campus Safety
  • Orientation Week Resource Fair Tabling
  • Motivated to Moderate- Harm Reduction Support for Alcohol and Other Drugs
  • Preventing Violence Against Women

On-Going Awareness and Prevention Programs Offered To New and Existing Employees

  • New Employee Orientation
  • New Employee Training
  • Eliminate Campus Sexual Violence
  • Preventing Discrimination and Harassment for Non-Supervisors
  • Sexual Harassment Prevention (SHP) Training

The Health Center provides the following education programs annually

  • Mental Health First Aid: 8-hour Crisis Intervention Training, delivered 1-2 times a year. Primarily offered to faculty and staff
  • Question, Persuade, Refer: 1-hour Suicide Prevention training, delivered 1-2 times a year. Primarily offered to students, as well as faculty and staff
  • Bystander Intervention Training: 90 minutes, delivered annually during Orientation Week for incoming students
  • National Suicide Prevention Week activities
  • Candle Light Event to raise awareness of those affected by Mental illness, Trauma and Suicide
  • ELDP, How to Safe Life: Suicide Prevention, 1 hour for 4C Students
  • ELDP, Last Friday Night: Conduct, Alcohol and Other Drugs, 1 hour for 4C students
  • International Experience and ATOD Prevention, Part 1 for students going on International Experience
  • International Experience and ATOD Prevention, Part 2, for students going on International Experience
  • Numerous guest lectures and presentations given to students, faculty, and staff
  • Outreach events for the Unity Council (e.g., LGBTQ Training) and ATOD Committee (presentations to the SALT meetings)

Cal Maritime does not formally recognize or support student organizations with non-campus housing facilities, and therefore does not have a policy concerning the monitoring and reporting of criminal activity at any such housing facility locations.

In collaboration with the associate vice president for Auxiliary/ Enterprise Services, the Clery Director maintains an inventory of all facilities owned or controlled by Cal Maritime. The Clery Director collects crime statistics from CSAs who monitor all non-campus activities; in addition, crime statistics are requested from the local and state law enforcement agencies that have the appropriate jurisdictional authority, by providing the address of the non-campus property, either owned or controlled by the university during the activity. A formal request in writing is made listing the Clery Act specified crime statistics for the dates and times associated with our students, faculty, and staff using the facility and/or locations. Once collected, the information is classified and counted for inclusion in the crime statistics disclosure section of the ASR.

Cal Maritime is dedicated to providing the best academic and professional experience that can be offered to its students, faculty and staff. The use of illegal drugs and the abuse of alcohol are known to be at cross-purposes to this mission and are not tolerated on campus. The possession, sale, manufacture or distribution of any controlled substance is illegal under both state and federal laws. Such laws are strictly enforced by the University Police Department. Violators are subject to University disciplinary action, criminal prosecution, fine and imprisonment.

It is the policy of Cal Maritime that the guidelines for use of alcohol on campus be in compliance with CSU and Federal Government directives as follows. In compliance with the federal Drug-Free Schools and Communities Act Amendments of 1989 (20 U.S.C. §1145g), Cal Maritime prohibits the unlawful possession, use, sale, or distribution of alcohol and illegal drugs by students, faculty, and staff on its property, training vessels, or as part of any Cal Maritime sponsored activity.

This policy has been established to ensure that a campus-wide standard be maintained for the on-campus use of any alcoholic beverage by all members of the Cal Maritime community or any visiting individuals or groups to the campus. This prohibition extends to any off-campus activities that are sponsored by Cal Maritime or any of its recognized clubs and organizations. The purpose of this policy is to provide students, faculty, staff, campus organizations, and their invited guests with a clear understanding of the conditions under which alcoholic beverages are permissible at Cal Maritime or at Cal Maritime-sponsored events, regardless of location. Off-campus individuals and organizations contracting for use of campus facilities are also subject to this policy.

The use of alcoholic beverages is a privilege that carries the expectation that its use will be consistent with the academic and training mission of the institution, and that its consumption will be incidental to the event at which it is served. This privilege is revocable, in whole or in part, at any time by the President of Cal Maritime. The lawful possession, sale, dispensing, and consumption of beer and wine on campus are permitted with the prior approval of the President, Cal Maritime, or the President's designee. The possession or consumption of distilled spirits on campus is prohibited at all times. The possession, licensed sale, dispensing, and consumption of alcoholic beverages of any kind off-campus at Cal Maritime-sponsored events or activities is permitted only with the prior approval of the President, Cal Maritime, or the President's designee. The possession and use of alcoholic beverages is strictly limited by State law to those persons 21 years of age or older; at no time may alcoholic beverages be served to persons under the legal drinking age at any event sponsored by Cal Maritime.

Drug and alcohol prevention and education programming at California State University, Maritime Academy is a team effort that includes many campus partners. Our efforts to prevent and reduce drug and alcohol abuse generally include educational programming, leadership training, counseling and treatment, assessment and evaluation, as well as health promotion and a community public health approach. These efforts are designed to be comprehensive and ongoing throughout each year.

Incoming students are exposed to drug and alcohol use prevention and education before matriculating through an online program called, Think About It. This online health education platform delivers modules on drug and alcohol prevention that provide knowledge, awareness, and skills. All students are required to take this before the start of the fall semester and they are required to take a related follow up session in their first academic year. During orientation week on campus before classes start, all incoming students receive face-to-face drug and alcohol prevention programming from current students trained as Peer Health Educators. In addition to this orientation program, other programs address drug and alcohol use prevention and safety, including, bystander training, orientation to mandatory drug testing (in accordance with the U.S. Department of Transportation (DOT) regulations), as well as United States Coast Guard regulations.

During the academic year, alcohol and drug prevention programming is provided throughout each semester as well as during the summer. In Housing and Residential Life, educational programming is delivered to students by Residence Hall Officers (RHO) as part of their required outreach and programming to residents. These programs are informed by the annual training RHOs receive on drug and alcohol prevention.  Housing staff deliver the First Year Experience program that is comprised of a series of presentations or workshops, including at least one fully devoted to drug and alcohol use prevention and education. Housing staff also partners annually with student government representatives of the Associated Students of Cal Maritime to deliver drug and alcohol prevention programming at the annual dance celebrating Changeover, the transition of cadets to the next senior class standing. Housing staff also enforce the Code of Conduct standards as outlined in the student handbook, which includes upholding drug and alcohol policies. Students who violate the code of conduct for drug and alcohol offenses are adjudicated based on the process outlined in the student handbook, which includes punitive and rehab measures for alcohol and drug infractions. Rehabilitation may include further online educational modules, mandated drug or alcohol counseling, as well as other possible requirements.

The Student Health Center provides students with treatment and health education related to drug and alcohol use and misuse. This includes medical care, individual and group counseling, as well as health education. The Health Center team includes a health educator who supervises the Peer Health Educators and together they deliver health education programming to students throughout the year on drug and alcohol use prevention and education. The Student Health Center also makes an effort to reach the broader community, including faculty and staff. The Office of the Commandant overseas the mandatory drug testing policy and procedure as well as provides training to student leaders on leadership development (e.g., Edwards Leadership Development Program requirements), which includes drug and alcohol use prevention both for themselves and for members of the Corps of Cadets.  The Athletics Department provides student athletes with further alcohol and drug use prevention and education, including briefings before travel and a behavioral contract for drug and alcohol use. The campus has an Alcohol, Tobacco, and Other Drug Advisory Committee that serves as an advisory group to the Vice President of Student Affairs regarding alcohol and drug use policy and education for the campus. Last, international travel is required of all students, whether on training ship cruises, commercial cruise internships, or International Experience immersion travel. Prior to these experience abroad, alcohol and drug use prevention and education efforts are made through programming and briefings. On the Training Ship Golden Bear, briefings are made prior to port and students may be mandated to counseling for alcohol or drug violations during the training cruise experience.

As part of the campus's ongoing effort to assess and evaluate drug and alcohol use among students as well as the effectiveness of our prevention and education programming, we conduct a biannual assessment whereby students are incentivized to participate in a confidential health survey (National College Health Assessment from the American College Health Association). Data were collected in spring 2016. Additionally, individual programs collect data and feedback that is shared with campus stakeholders to inform and improve drug and alcohol prevention.

Drug Testing Policy

All cadets must participate in the mandatory Drug Testing Program that includes; a Drug and Alcohol Testing program for reasonable cause/suspicion, post-accident, return-to-duty and follow-up and random testing. This program is consistent with the U.S. Department of Transportation (DOT) drug testing regulations. Specific procedures are available from the Office of the Commandant.

Violation of Cal Maritime's Drug Testing Policy and Procedure

Violation of Cal Maritime's Drug Testing Policy by a cadet may result in the surrendering of the cadet's merchant mariner documents as appropriate and forwarding of a positive drug finding to the U.S. Coast Guard for entry into the cadet's record.

Alcohol and Other Drug Treatment Programs

The University recognizes that alcohol and drug dependencies are treatable conditions. Employees and students who suffer from a substance abuse problem are encouraged to get help immediately. Employee health insurance plans often defray part of the cost of rehabilitation programs. Employees may also be required to participate in drug-free awareness programs or training.  Students who feel they are in need of assistance are encouraged to see a counselor in the Student Health Services (707) 654-1174). Staff and faculty members are encouraged to contact the Department of Human Resources or Cal Maritime's Employee Assistance Program provider.

Substance Use and Abuse Advisory Committee

As a part of its commitment to ensuring an AOD free environment the University has established the Alcohol, Tobacco, and Other Drugs (ATOD) Advisory Committee. The ATOD Advisory Committee is comprised of faculty, staff and students from across campus. Under the division of Student Affairs, the ATOD Advisory Committee develops and reviews goals, assesses the effectiveness of campus alcohol and other drugs policies and programs, and makes recommendations to the Vice President of Student Affairs. These efforts strive to maintain a safe and productive learning environment at Cal Maritime.

The California State University does not discriminate on the basis of sex, gender, including gender identity or expression, or sexual orientation in its education programs or activities. Title IX of the Education Amendments of 1972, and certain other federal and state laws, 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 from Sex Discrimination, including Sexual Harassment, Sexual Misconduct, including Sexual Assault, Dating or Domestic Violence, and Stalking.

The University seeks to provide an education environment in which students, faculty, and staff work together in an atmosphere free of Sexual Misconduct, including Sexual Assault, Sexual Harassment, Dating Violence, Domestic Violence and Stalking. Every member of the University community shall be   aware that Sexual Misconduct, and/or acts of violence with a sexual nature directed toward another  person will not be tolerated and are prohibited by federal and  state law and University policy. As  members of the University community, students shall comply with University policies and guidelines in   addition to federal, state, and local laws whether on or off campus.  The University will discipline persons identified as responsible for Sexual Misconduct, Dating or Domestic Violence, or Stalking as described in this report and University policy.

In an ongoing effort to prevent Sexual Misconduct, Dating Violence, Domestic Violence and Stalking,  the University provides education and prevention programs, investigates complaints, dispenses corrective or disciplinary action where appropriate, provides referrals for medical care/counseling, modified classes, reduced course loads, campus housing changes, work assignment assistance, stay  away orders, leaves of absence, and more. The University also provides information to victims on pursuing criminal action and obtaining protective orders if needed. University officials who are responsible for investigating and/or adjudicating cases of Sexual Misconduct, Dating Violence, Domestic Violence, and Stalking receive annual training for compliance with federal, state and CSU system regulations

The University is committed to empowering victims of Sexual Misconduct, Dating Violence, Domestic Violence, and Stalking by providing ample supportive services, and encouraging their choice of action, regardless of their decision to seek criminal prosecution of offender(s).  If requested by the victim, University personnel will assist the victim in notifying the appropriate law enforcement authorities.

PREVENTION, EDUCATION, AND AWARENESS

Cal Maritime engages in educational programs aimed at preventing domestic violence, dating violence, sexual assault and stalking.  These primary prevention and awareness programs for all incoming students and new employees, and ongoing awareness and prevention training for the entire university community cover the following:

  • •Identify domestic violence, dating violence, sexual assault and stalking as prohibited conduct;
  • •Define what behavior constitutes domestic violence, dating violence, sexual assault and stalking;
  • •Define what behavior and actions constitute consent to sexual activity, as defined by California law and University policy;
  • •Provide safe and positive options for bystander intervention that may be carried out by an individual to prevent harm or intervene when there is a risk of domestic violence, dating violence, sexual assault, or stalking against a person other than the bystander;
  • •Provide information on risk reduction so that students and employees may recognize warning signs of abusive behavior and how to avoid potential attacks;
  • •Provide an overview of information contained in the Annual Security Report in compliance with the Clery Act.
  • Cal Maritime Police Department, along with Student Affairs and Housing and Residence Life, hold seminar style sessions each semester on topics such as:
  • •Personal Safety Awareness
  • •Rape and Sexual Assault Prevention
  • •Residence Hall Room Burglaries
  • •Auto Theft Prevention

Cal Maritime Police Department also makes presentations on the above subject matter during Orientation Week. Information on safety and security is provided via workshops, bulletins, posters, and periodic email to students and employees.

The following programs are available to all incoming students. The material is made available again as part of the mandatory orientation for any student or employee that participates in:

  • •Commercial Cruise
  • •Co-Op Internships
  • •International Experience
  • •TSGB Cruise

DEFINITIONS PER EXECUTIVE ORDERS 1095-1098

An adverse action taken against an individual because of gender or sex (including Sexual Harassment,  Sexual Misconduct , 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. Persons of all genders and gender identities can be victims of Sex Discrimination

A form of Sex Discrimination, unwelcome verbal, nonverbal or physical conduct of a sexual nature that  includes, but is not limited to sexual advances, requests for sexual favors, offering benefits or giving   preferential treatment in exchange for sexual favors and any other conduct of a sexual nature where:

  1. Submission to, or rejection of, the conduct is explicitly or implicitly used as the basis for any  decision affecting  a person's employment terms or conditions, academic status or progress, or access  to benefits and services,  honors, programs, or activities available at or through the University; or
  2. The conduct is sufficiently severe, persistent or pervasive that its effect, whether or not  intended, could be  considered by a reasonable person in the shoes of the complainant, and is in fact considered by the complainant, as limiting their ability to participate in or benefit from the services,  activities or opportunities offered by the University; or
  3. The conduct is sufficiently severe, persistent or pervasive that its effect, whether or not intended, could be considered by a reasonable person in the shoes of the complainant, and is in fact considered by the complainant, as creating an intimidating, hostile or offensive environment.

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1 As mandated by the Clery Act's Violence Against Women Act (VAWA)/Campus Save Act, these policy definitions are derived from the local jurisdiction, and based on the California Penal Code, the California Family Code, and the California Evidence Code. In some instances, these definitions may differ slightly from the federal definitions set forth in the next section for mandatory crime statistic reporting. For reportable crime statistics, the Clery Act   regulations mandate definitions from the Federal Bureau of Investigation's (FBI's) Uniform Crime Reporting (UCR) Handbook.

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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 or work environment that are unrelated to the coursework or employment.

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.

The University's policy 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 University policy.

All sexual activity between members of the CSU community must be based on Affirmative Consent.  Engaging in any sexual activity without first obtaining Affirmative Consent to the specific activity is Sexual Misconduct, whether or not the conduct violates any civil or criminal law.

Sexual activity includes, but is not limited to, kissing, touching intimate body parts, fondling, intercourse, penetration of any body part, and oral sex. It also includes any unwelcome physical sexual acts, such as unwelcome sexual touching, Sexual Assault, Sexual Battery, Rape, and Dating Violence.  When based on gender, Domestic Violence or Stalking also constitute Sexual Misconduct. Sexual  Misconduct may include using physical force, violence, threat, or intimidation,  ignoring the objections  of the other person, causing the other person's intoxication or incapacitation through the use of drugs   or alcohol, or taking advantage of the other person's incapacitation (including voluntary intoxication) to  engage  in sexual activity. Persons of all genders 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.

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

A form of Sexual Misconduct, 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.

A form of Sexual Misconduct, non-consensual sexual intercourse that may also involve the use of threat of force, violence, or immediate and unlawful bodily injury or threats of future retaliation and duress. Any sexual penetration, however slight, is sufficient to constitute Rape. Sexual acts including intercourse are considered non-consensual when a person is incapable of giving consent because they are incapacitated from alcohol and/or drugs, are under 18 years old, or if a mental disorder or developmental or physical disability renders a person incapable of giving consent. The respondent's relationship to the person (such as family member, spouse, friend, acquaintance or stranger) is irrelevant. (See complete definition of Consent below.)

A form of Sexual Misconduct committed by an individual known to the victim.  This includes a person the victim may have just met or; i.e., at a party, introduced through a friend, or a social networking website.

An informed, affirmative, conscious, voluntary, and mutually agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure Affirmative Consent has been obtained from the other participant(s) to engage in the sexual activity. Lack of protest or resistance does not mean Affirmative 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 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. 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.
  • Affirmative Consent cannot be given by a person who is incapacitated. A person is unable to consent when asleep, unconscious or is incapacitated due to the influence of drugs, alcohol or medication so that the person could not understand the fact, nature or extent of the sexual activity. A person is incapacitated if they lack the physical and/or mental ability to make informed, rational decisions,
  • Whether an intoxicated person (as a result of using alcohol or other drugs) is incapacitated depends on the extent to which the alcohol or other drugs impact the person's decision-making ability, awareness of consequences, and ability to make informed judgments. A person's own intoxication or incapacitation from drugs or alcohol does not diminish that person's responsibility to obtain Affirmative Consent before engaging in sexual activity.
  • 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 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.

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/or (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 themselves or others. Abuse does not include non-physical, emotional distress or injury.

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 themselves or others. Abuse does not include non-physical, emotional distress or injury.

Engaging in a repeated Course of Conduct directed at a specific person that would cause a Reasonable Person to fear for their own 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, surveils, 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.
  • Protected Status includes Age, Disability, Gender, Genetic Information, Gender Identity or Expression, Nationality, Marital Status, Race or Ethnicity, Religion, Sexual Orientation, and Veteran or Military Status.

PROCEDURES FOR REPORTING A CRIME OF SEXUAL VIOLENCE/SEXUAL MISCONDUCT

Call 9-1-1 in any kind of emergency, or when facing immediate harm or threat of harm.

Persons who have experienced Sexual Misconduct, including Rape, Dating Violence, Domestic Violence, or Stalking, are encouraged to seek immediate assistance from police and healthcare providers for their physical safety, emotional support and medical care. University or local police can escort victims to a safe place and transport them to a hospital for medical treatment, if needed. University police can also provide access to a Sexual Assault Victim Advocate. Victims who prefer not to notify the police, are strongly encouraged to seek assistance from the campus Title IX Coordinator and/or a Sexual Assault Victim Advocate or counselor who can provide information on options, rights and remedies.

Victims have the right to decide who and when to tell about Sexual Misconduct, Dating and Domestic Violence, and Stalking. However, it is very important that they get medical attention after being assaulted. Following the incident, a victim may be physically injured, may have contracted a sexually transmitted disease, or may become pregnant.

The University's primary concern is the safety and well-being of every member of the campus community. The use of alcohol or drugs never makes the victim at fault. If a campus community member has experienced Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking they should not be deterred from reporting the incident out of a concern that they might be disciplined for related violations of drug, alcohol, or other University policies. Except in extreme circumstances, University students or employees who are victims of Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking will not be subject to discipline.

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. Whether and the extent to which – a University employee may agree to maintain confidentiality (and not disclose information to the Title IX Coordinator) depends on the employee's position and responsibilities at the University. The following information is intended to make everyone aware of the various reporting and confidential disclosure options available to them – so they can make informed choices about where to turn for help. The University strongly encourages victims to talk to someone identified in one or more of these groups.

Certain University employees, listed below, are required by law to maintain near or complete confidentiality; talking to them is sometimes called a "privileged communication." University law enforcement employees may maintain the victim's identity as confidential, if requested by the victim, but will report the facts of the incident to the Title IX Coordinator, including the identity of the perpetrator. Most other University employees are required to report all details of an incident (including the identities of both the victim and alleged perpetrator) to the Title IX Coordinator so the University can take immediate action to protect the victim, and take steps to correct and eliminate the misconduct.

University Police, the Title IX Coordinator, University-employed physicians, professional counselors, licensed clinical social workers, sexual assault and domestic violence counselors and advocates, and certain other University employees are required to explain to victims their rights and options with respect to confidentiality.

Treating physicians, psychotherapists, professional counselors, and clergy who work or volunteer providing medical or mental health treatment or counseling (including those who act in that role under their supervision may not report any information about an incident of Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking 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, 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 these professionals must report to local law enforcement agencies. These confidential professionals 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 treating physician, psychotherapist, professional counselor, or clergy member, 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, the University will likely not be able to fully 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. Counselors and advocates can provide victims with that assistance if requested. Treating physicians, psychotherapists, professional counselors, and clergy 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 it 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 they provide medical services   for a physical condition to a patient/victim who they know 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, 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; (2) to the court if compelled by court order or subpoena in a criminal proceeding related to the sexual violence incident.   If applicable, these professionals will explain this limited exception to victims.

Victims have several reporting options including those with confidentiality, and may pursue one or all of these options at any time. Victims have a right to have a friend, family member, sexual assault victim advocate, or other representative present while reporting the incident. They also have the right to have a sexual assault victim advocate and support person of their choice present with them during a rape examination. The campus Title IX Coordinator can assist in notifying the police. Victims may also take any of the actions below.

CRIMINAL

Reporting to University Police and/or local police is an option at any time. Victims who choose not to report to the police immediately following a Sexual Misconduct, Dating and Domestic Violence, or Stalking incident, can still make the report at a later time. However, with the passage of time, the ability to gather evidence to assist with criminal prosecution may be limited. Depending on the circumstances, the police may be able to obtain a criminal restraining order on the victim's behalf.

REPORTING TO THE POLICE

As soon after the incident as possible, victims of Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking are strongly encouraged to report the incident to the police. Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking may be reported to the University Police Department by dialing 911. The University Police will support all victims of Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking regardless of their decision to seek criminal prosecution of the offender or not. Victims have the option to report anonymously to the police and the decision to seek criminal prosecution remains with the victim.

University Police will protect the confidentiality of the victim to the extent permitted by applicable California State law.

If a victim reports to a local police agency or the University Police about Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking, the police are required to notify victims that their names will become a matter of public record unless confidentiality is requested. If a victim requests that their identity be kept confidential, their name will not become a matter of public record and the police will not report the victim's identity to anyone else at the University, including the Title IX Coordinator. University Police will, however, report the facts of the incident itself, including the identity of the perpetrator if known, to the Title IX Coordinator being sure not to reveal the 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.

In cases of Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking, the preservation of physical evidence is important to facilitate the identity and successful prosecution of the offender. The victim should not change clothes, bathe, douche, or shower following the attack. Sexual Assault Response Team (S.A.R.T.) medical personnel are trained to collect, process, and preserve physical evidence of Sexual Misconduct, and are committed in their assistance to the victim. Victims may request a  S.A.R.T. exam to preserve forensic evidence without completing a police report. This evidence may be used in the case a victim wishes to report the assault at a later date. Victims are not financially responsible for S.A.R.T. exams and the cost will be the responsibility of the local law enforcement jurisdiction.

As time passes, evidence may dissipate or become lost or unavailable, thereby making investigation, possible prosecution, disciplinary proceedings, or obtaining protection orders related to the incident more difficult.

Victims who choose not to make a complaint regarding an incident, nevertheless should consider speaking with University Police or other law enforcement to preserve evidence in the event that they change their mind and wishes to report the assault at a later date.

A victim has the right to have a confidential advocate present when reporting to law enforcement and during examinations. With the victim's consent, the confidential advocate will assess the victim's immediate needs and provide support and referral as appropriate. This confidential assistance may include: counseling, information concerning rape trauma syndrome; information on the collection of medical evidence and available health services to test for injuries, sexually transmitted diseases, and/or pregnancy. Assistance is also available with access to other resources and services, including assistance in obtaining emergency protection orders and restraining orders.

REPORTING TO A CSA

Any member of the University community may report incidents of Sexual Misconduct, Dating Violence, Domestic Violence or Stalking to any Campus Security Authority (CSA's).  These University personnel will assist the victim in notifying the appropriate law enforcement agency if the victim requests the assistance of law enforcement.  In addition, most campus employees including CSA's are required to report incidents of Sexual Misconduct, Dating Violence, Dating Violence and Stalking to the Title IX Coordinator. Title IX Coordinator reporting responsibilities are described in detail below.

NOTE: If the University determines that the perpetrator poses a serious and immediate threat to the campus community, under the Clery Act the campus may be required to issue a timely warning to the community. Any such warning will not include any information that identifies the victim.

ADMINISTRATIVE

Victims may report to the campus Title IX Coordinator, who will provide written and verbal information regarding applicable University complaint procedures for investigating and addressing the incident.

The Title IX Coordinator will also provide information regarding resources available to victims, as well as information regarding their rights and options. Contact information for the Title IX Coordinator is listed above.

REPORTING TO A TITLE IX COORDINATOR OR RESPONSIBLE EMPLOYEE

Many resources and options are available on and off campus including confidential and privileged communication options. The University has designated a Title IX Coordinator as the primary point of contact to provide victims with assistance and support, and to monitor and oversee overall compliance with laws and policies related to Sexual Misconduct, Dating and Domestic Violence, and Stalking. The campus Title IX Coordinator is available to explain and discuss rights to file a criminal complaint and to assist in doing so; the University's relevant complaint process, and rights 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.

Most University employees have a duty to report Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking incidents when they are on notice of it. When a victim tells the Title IX Coordinator or another non- confidential University employee about a Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking incident, 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 Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking directly to the campus Title IX Coordinator.

As detailed above, most University employees except treating physicians, licensed counselors, and clergy must report to the Title IX Coordinator all relevant details about any Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking incidents 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 kept private and 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, Dating Violence, Domestic Violence, or Stalking incident except as otherwise required by law or University policy. A Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking report 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. In such cases, efforts will be made to redact the records, as appropriate, in order to protect the victim's identity and privacy and the privacy of other involved individuals. Except as detailed in the section on Privileged and Confidential Communications above, no University employee, including the Title IX Coordinator, should disclose the victim's identity to the police without the victim's consent or unless the victim has also reported the incident to the  police.

If a victim requests of the Title IX Coordinator or another University employee that their identity remain completely confidential, the Title IX Coordinator will explain that the University cannot always honor that request and 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.

The Title IX Coordinator will inform the victim of the initiation of an investigation prior to starting an investigation and will, to the extent possible, only share information with people responsible for handling the University's response to the incident. The Title IX Coordinator will remain mindful of the victim's well-being, and will take ongoing steps to protect the victim from retaliation or harm, and work with the victim to create a safety plan. Retaliation against the victim, whether by students, employees or third parties, will not be tolerated.

The University and Title IX Coordinator will also:

  • Provide interim remedies requested by the victim, if they are reasonably available, regardless of whether the victim chooses to report to campus or local police;
  • Assist victims in accessing available victim advocacy, academic support, counseling, disability, medical/health or mental health services, and legal assistance both on and off campus;
  • Provide security and support, which could include issuing a no-contact order, helping arrange a change of  campus-based living or working arrangements or course schedules (including for the perpetrator pending the outcome of the investigation) or adjustments for assignments, tests, or work duties; and
  • Inform victims of their right to report a crime to University or local police – and provide victims with assistance if desired.

The University will not require a victim to participate in any investigation or disciplinary proceeding if the victim does not wish to participate.

The University will not generally notify parents or legal guardians of a Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking report unless the victim is under 18 years old or the victim provides the University with written permission to do so.

Under California law, and pursuant to University policy, many University employees, including the Title IX Coordinator,   are mandatory child abuse and neglect reporters and should explain to victims under 18 years of age that they are required to report the incident to the police. However, the identity of the person who reports and the report itself are confidential and disclosed only among appropriate agencies.

Because the University is under a continuing legal obligation to address the issue of Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking campus-wide, reports (including non-identifying reports) may also require the University to consider broader remedial action – such as increased monitoring, supervision or security at locations where the reported incident(s) occurred; increased education, training and prevention efforts, including to targeted population groups; climate assessments/victimization surveys; and/or revision of policies and practices.

Victims are strongly encouraged to report any incident of Sexual Misconduct, Dating and Domestic Violence, or Stalking to the police and/or campus Title IX Coordinator so that steps may be taken to protect them and the rest of the campus community. However, non-reporting is also an option.

Victims may choose to file a civil lawsuit against the perpetrator, whether or not criminal charges have been filed. A civil lawsuit provides the opportunity to recover actual damages, which may include compensation for medical expenses, lost wages, pain, suffering and emotional distress.

RESTRAINING ORDERS

Victims may also choose to obtain a protective or 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 protect victims who have experienced or are reasonably in fear of physical violence, Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking. The campus Title IX Coordinator or Sexual   Assault Victim's Advocate can offer assistance with obtaining a protective or restraining order.

DISCIPLINARY PROCEDURES

The University has procedures that provide for an administrative investigation of reports of Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking, and written findings based on the preponderance of the evidence standard, provided to the complainant and respondent. Both the complainant and respondent may appeal written findings to the CSU Chancellor's Office, as well as the ultimate sanction for violation of CSU policy in student misconduct cases. The procedure for CSU employees and third parties is separate from but similar to the procedure for CSU students.

When a student or employee reports to the University that the student or employee has been a victim of Sexual Misconduct, Dating Violence, Domestic Violence or Stalking, whether the offense occurred on or off campus, the University will provide the student or employee a written explanation of their rights and options.

The investigation process from initial complaint to final result shall be prompt, fair, and impartial. The investigator will meet separately with the complainant and the respondent and other potential witnesses to gather information. The investigation shall be completed no later than 60 Working Days after the intake interview, unless the timeline has been extended. The timeline should not be extended for a period longer than an additional 30 Working Days from the original due date.

Before reaching a final conclusion or issuing a final investigation report, the Investigator shall have: a) advised the Parties, or have offered to do so, verbally or in writing, of any evidence upon which the findings will be based; and, b) given the Parties an opportunity to respond to the evidence, including presenting further relevant evidence, information or arguments that could affect the outcome. The Investigator will not reach a final conclusion or issue an investigation report until giving careful consideration to any such relevant evidence, information or arguments provided   by the Parties. The Investigator retains discretion and authority to determine relevance.

At the conclusion of the University's complaint and investigation procedure, any employee or student found to have violated University policy against Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking will be subject to discipline. For employees, discipline would be administered consistent with applicable collective bargaining agreements, University policies and legal requirements. For students, discipline would be administered in accordance with CSU Executive Order 1098 (discussed below).  Victims are not required to participate in any University disciplinary and may choose not to be a part of it. Disciplinary procedures will:

  • Provide a prompt, fair, and impartial process and resolution;
  • Be conducted by officials who receive annual training on Sexual Misconduct, Dating Violence,

Domestic Violence, and Stalking and how to conduct a hearing process that protects the of victims and promotes accountability;

  • Provide the complainant and respondent the same opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice;
  • Simultaneously inform the complainant and respondent in writing of:
  • The outcome of the disciplinary proceeding;
  • The University's procedures 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.

COMPLAINT PROCEDURES

The CSU has adopted and published complaint procedures that provide for prompt, impartial, and equitable resolution of complaints of Sex Discrimination, including Sexual Harassment, Sexual Misconduct, including Rape and Sexual Assault, Domestic Violence, Dating Violence, and Stalking.

Regardless of whether an employee, a student or a third party ultimately files a complaint under the applicable complaint procedure, if the University knows or has reason to know about possible Sex Discrimination, Sexual Harassment, Sexual Misconduct, Domestic Violence, Dating Violence, and Stalking, it must review the matter to determine if an investigation is warranted. When warranted, all such investigations must be prompt, thorough and impartial. The University must then take appropriate steps to eliminate the Sex Discrimination, Sexual Harassment, Sexual Misconduct, Domestic Violence, Dating Violence, and/or Stalking, prevent its recurrence, and remedy its effects.

COMPLAINTS MADE BY STUDENTS

Executive Order 1097, entitled "Systemwide Policy Prohibiting Discrimination, Harassment, and Retaliation, Sexual   Misconduct, Dating and Domestic Violence, and Stalking Against Students and Systemwide Procedure for Addressing Such Complaints by Students" is the appropriate systemwide procedure for all complaints of Sex Discrimination, Sexual Harassment, Sexual Misconduct , Sexual Violence, Domestic Violence, Dating Violence, and Stalking made by CSU students against the CSU, a CSU employee, another CSU student, or a third party. Executive Order 1097 can be viewed  at http://www.calstate.edu/EO/EO-1097-  rev-6-23-15.pdf.

COMPLAINTS MADE BY EMPLOYEES, FORMER EMPLOYEES, THIRD PARTIES, AND APPLICANTS FOR EMPLOYMENT

Executive Order 1096, entitled "Systemwide Policy Prohibiting Discrimination, Harassment and Retaliation, Sexual  Misconduct, Dating and Domestic Violence, and Staling Against Employees and Third Parties and Systemwide Procedure for Addressing Such Complaints by Employees and Third Parties" is the appropriate systemwide procedure for all complaints of Sex Discrimination, Sexual Harassment, Sexual Misconduct, Domestic Violence, Dating Violence, and Stalking made by employees and former employees against the CSU, another CSU employee, a CSU student or a third party.

Employees covered by a collective bargaining agreement that provides a grievance procedure for raising allegations of Sex Discrimination or Sexual Harassment, including Sexual Misconduct, Domestic Violence, Dating Violence, and Stalking shall use the grievance procedure specified in their collective bargaining agreement.

Executive Order 1096 can be viewed at http://www.calstate.edu/EO/EO-1096- rev-6-23-15.pdf

COMPLAINTS MADE BY STUDENT-EMPLOYEES

Executive Order 1096 is the appropriate system-wide procedure for all complaints of Sex Discrimination, including Sexual Harassment, Sexual Misconduct, Dating and Domestic Violence, and Stalking, made by student- employees where the alleged Sex Discrimination, Sexual Misconduct, Domestic Violence, Dating Violence, and Stalking arose out of   the person's status as an employee and not their status as a student. Executive Order 1096 can be viewed at http://www.calstate.edu/EO/EO- 1096-rev-6-23-15.pdf.

The Title IX Coordinator (or designee) is responsible for investigating complaints of Gender Discrimination, Harassment and Retaliation, including Sex Discrimination and Sexual Harassment, as well as Complaints of   Sexual Misconduct, Domestic and Dating Violence, and Stalking. (See Executive Orders 1095, 1096 and 1097.) In accordance with Executive Orders 1096 and 1097, the Title IX Coordinator investigates those complaints, determines whether the accused violated   the applicable Executive Order(s), and prepares a report that includes findings of facts and conclusions about whether the applicable Executive Order was violated. Unless the determination is appealed as provided in Executive Orders 1096   or 1097, it is final and binding in all subsequent proceedings.

Where a complaint is made against a student and the applicable Executive Order is found to have been violated, the  Title IX Coordinator shall also notify the Student Conduct Administrator of the investigation outcome and provide a copy of the investigation report.

Where a complaint is made against an employee, Human Resources or Academic/Faculty Affairs shall be notified and provided a copy of the investigation reports. Sanctions are imposed in accordance with current collective bargaining agreement, when applicable, and may include:

  • verbal reprimand
  • written reprimand,
  • reduction in salary
  • temporary or permanent demotion
  • paid or unpaid administrative leave
  • suspension
  • denial or curtailment of emeritus status
  • mandated education or training
  • change in work location
  • restrictions from all or portions of campus
  • restrictions to scope of work
  • dismissal

Unless the Chancellor's Office notifies the campus that an appeal has been filed, investigative findings pursuant to Executive Orders 1096 or 1097 become final 11 working days after the date of the Notice of Investigation

Outcome issued pursuant to those Executive Orders. If an appeal is filed, the investigative findings do not become final until the appeal has been exhausted

APPEAL OF FINDING IN INVESTIGATION OUTCOME

Any complainant or respondent who is not satisfied with a campus investigation outcome may file an appeal with the Chancellor's Office (CO) within 10 working days after the date of the Notice of Investigation Outcome. The appeal is limited to one or more of the following issues: 1. The investigation outcome is unsupported by the evidence, based on the preponderance of the evidence standard; 2. Prejudicial procedural errors impacted the investigation outcome to such a degree that the investigation did not comply with the relevant Executive Order; or 3. New evidence not available at the time of the investigation. The CO shall respond within 30 working days. The CO appeal response is final.

STUDENT CONDUCT PROCEEDINGS

Where the investigative report finds a violation of Executive Order 1096 or 1097 and any appeal has been exhausted, the report is referred to the Student Conduct Administrator to initiate student conduct proceedings. The Student Conduct Administrator will offer to conduct pre-hearing conferences separately with the complainant and respondent to review information concerning the charges, interim remedies, proposed sanctions or range of sanctions, the nature of further proceedings, and possible disposition without hearing.

The Student Conduct Administrator shall, in consultation with and agreement from the Title IX Coordinator, determine which cases are appropriate for disposition without hearing, taking into consideration the investigation report and any additional information provided during any conferences. If a proposed resolution agreement can be reached, the terms shall be put in writing and signed by the student charged and the University (after a reasonable opportunity to consult with an advisor). Any proposed resolution may be appealed by the complainant and is not final until any such appeal is exhausted.

If not resolved, the Student Conduct Administrator will issue a Notice of Hearing and shall schedule the hearing promptly, but in any event no sooner than 10 working days after, and no later than 20 working days after, the date of the Notice of Hearing. The findings and conclusions of the investigations conducted in accordance with Executive Orders 1096 and 1097, once any appeals are exhausted, are final and binding. The hearing is limited to determining appropriate sanctions; the findings of the investigation are not under review.

The Hearing Officer controls the hearing. The Student Conduct Administrator and the student charged each put on the evidence in their case and may each ask questions of the witnesses in whatever manner the Hearing Officer deems appropriate. The Hearing Officer may ask questions of any witness, the student charged, the complainant, Student Conduct Administrator, or the Title IX Coordinator.

Questions may not be posed to complainants about their past sexual behaviors involving any persons other than the student charged. The Hearing Officer shall ask any questions of the complainant and other witnesses on behalf of the student charged (who shall give the Hearing Officer a written list of questions).

The investigation report and any Chancellor's Office Appeal Response prepared pursuant to Executive Orders 1096 or 1097 shall be entered into evidence at the hearing, redacted as appropriate to protect private (e.g. contact) information   or as otherwise required by law. If the student charged fails to appear at the hearing without good cause, the hearing shall nevertheless proceed.

The Hearing Officer shall submit a written report to the president recommending sanctions, if any, as well as any recommendations regarding additional remedies. The report shall include any mitigating or aggravating factors relied upon by the Hearing Officer in reaching the recommendations. The report shall be submitted within 10 working days after the hearing.

PRESIDENT'S SANCTION DECISION/NOTIFICATION

The president shall review the investigative report and the Hearing Officer's report and issue a decision concerning the appropriate sanction. The president's decision letter shall be issued within 10 working days after receipt of the Hearing Officer's report. The president shall simultaneously send the decision electronically to the student charged and complainant(s).

Unless the Chancellor's Office notifies the campus that an appeal has been filed, the president's sanction decision becomes final 11 working days after the date of the decision letter

STUDENT SANCTIONS

The following sanctions may be imposed for violation of the Student Conduct Code:

  1. RESTITUTION.

Compensation for loss, damages or injury. This may include appropriate service and/or monetary material replacement.

  1. LOSS OF FINANCIAL AID.

Scholarships, loans, grants, fellowships and any other types of state financial aid given or guaranteed for the purposes of academic assistance can be conditioned, limited, cancelled or denied.

  1. EDUCATIONAL AND REMEDIAL SANCTIONS.

Assignments, such as work, research, essays, service to the University or the community, training, counseling, removal from participation in recognized student clubs and organizations (e.g., fraternities misconduct or as deemed appropriate based upon the nature of the violation.

  1. DENIAL OF ACCESS TO CAMPUS OR PERSONS

A designated period of time during which the student is not permitted: (i) on University Property or specified areas of campus; or (ii) to have contact (physical or otherwise) with the complainant, witnesses or other specified persons.

  1. DISCIPLINARY PROBATION.

A designated period of time during which privileges of continuing in student status are conditioned upon future behavior. Conditions may include the potential loss of specified privileges to which a current student would otherwise be entitled, or the probability of more severe disciplinary sanctions if the student is found to violate the Student Conduct Code or any University policy during the probationary period.

  1. SUSPENSION

Temporary separation of the student from active student status or student status.

  1. A student who is suspended for less than one academic year shall be placed on inactive student (or equivalent)  status (subject to individual campus policies) and remains eligible to re-enroll at the University (subject to individual campus enrollment policies) once the suspension has been served. Conditions for re-enrollment may  be specified.
  2. A student who is suspended for one academic year or more shall be separated from student status but remains eligible to reapply to the University (subject to individual campus application polices) once the suspension has been served. Conditions for readmission may be specified.
  3. Suspension of one academic year or more, withdrawals in lieu of suspension, and withdrawals with pending misconduct investigations or disciplinary proceedings shall be entered on the student's transcript permanently without exception; this requirement shall not be waived in connection with a resolution agreement.
  1. EXPU LSION.

Permanent separation of the student from student status from the California State University system. Expulsion, withdrawal in lieu of expulsion, and withdrawal with pending misconduct investigation or disciplinary proceeding shall be entered on the student's transcript permanently, without exception; this requirement shall not be waived in connection with a resolution agreement.

2 A student is not considered to be in good standing for purposes of admission to the University while under a sanction of suspension or expulsion, or while admission or re-admission has been disqualified.

 

MORE THAN ONE SANCTION MAY BE IMPOSED FOR A SINGLE VIOLATION.

OTHER CONSIDERATIONS RELATED TO SANCTIONS

ADMINISTRATIVE HOLD AND WITHOLDIN G A DEG REE

The University may place an administrative hold on registration transactions and release of records and transcripts of a student who has been sent written notice of a pending investigation or disciplinary case concerning that student, and may withhold awarding a degree otherwise earned until the completion of the process, including the completion of all sanctions imposed.

RECORD OF DISCI PLINE

A record of disciplinary probation or suspension is entered on a student's transcript, with beginning and end date, for the duration of the sanction. A record of expulsion or suspension for one academic year or more shall note the effective date of discipline and remains on the transcript permanently, without exception. A record of withdrawal in lieu of suspension or expulsion and withdrawal with pending misconduct investigation or disciplinary proceeding remains on the transcript permanently, without exception. These requirements shall not be waived in connection with any resolution agreement.

INTERIM SUSPENSION

A president may impose an interim suspension pursuant to Title 5, California Code of Regulations section 41302 where there is reasonable cause to believe that separation of a student is necessary to protect the personal safety of persons within the University community or University property, and to ensure the maintenance of order.

An investigative finding of a violation of Executive Orders 1096 or 1097 standing alone may be sufficient to constitute reasonable cause to believe that an interim suspension is necessary to protect the personal safety of persons within the University community or University property, and to ensure the maintenance of order.

DENIAL OF PRESENCE ON CAMPUS DURIN G INTERIM SUSPE NSION

During the period of an interim suspension, the student charged may not, without prior written permission from the campus president, enter any campus of the California State University other than to attend the hearing regarding the merits of the interim suspension and any disciplinary hearing. The president may also restrict the student's participation   in University-related activities on a case-by-case basis, such as attending off-campus activities and/or participating in on-line classes. Violation of any condition of interim suspension shall be grounds for expulsion.

ADMISSION OR READMISSION

Applicants for admission or readmission into any University program are subject to appropriate sanctions for violations of the Student Conduct Code, including qualification, revocation or denial of admission or readmission. For students who withdraw while a disciplinary matter is proceeding, the campus has discretion whether to continue proceedings or hold proceedings in abeyance.

The complainant and student charged each may file an appeal of the president's decision of appropriate sanctions to the   Chancellor's Office no later than 10 working days after the date of the president's decision letter. The complainant may also appeal any proposed sanctions agreed to as part of a proposed resolution agreement with the student charged.

Sanction appeals are limited to a determination as to whether the sanction is reasonable under the facts and circumstances as determined by the investigation and whether any prejudicial procedural errors occurred during the hearing. The Chancellor's Office appeal review will not involve a new investigation and will not consider evidence that was not introduced during the investigation or hearing. The record will be limited to the record at the hearing.

The Chancellor's Office shall issue a final appeal response no later than 10 working days after receipt of the written appeal.

California's 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, to include the ability to look- up offenders by name, residence address, and zip code, is on the California Department of Justice Megan's law web site at http://www.meganslaw.ca.gov/

The University will issue emergency notifications, without delay, in response to a confirmed significant emergency or a   dangerous situation, occurring in the Clery defined on campus geography that, in the judgment of the University, constitutes an immediate threat to the health or safety of members of the on-campus community.

Once UPD has received the report, the Chief of Police, (or management designee in the absence of the Chief), will confer with the 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) an emergency or dangerous situation in fact exists in on-campus geography; and 2) the emergency or dangerous situation poses an immediate or imminent threat to members of the on-campus community.

If both of the above factors are not met, no emergency notification will be issued.

If it is determined that both of the above factors are met, then an emergency notification will be issued to the community. The Chief of Police (or management designee in the absence of the Chief), will confer with the Clery Director if one is designated and if available, to prepare the content of the notification taking into account the safety of the on-campus community. They will also determine, based on the confirmed facts of the emergency, if the entire campus community or only a specific segment of the on campus community is threatened and need to be notified.

Examples of emergencies where only a segment might be alerted would be a fire contained in a dorm laundry room where only the residents of that one dorm floor or of that one dorm building are at risk and need to evacuate, or a chemical spill in a lab where only the one room, floor, or the occupants of that one building are at risk and need to evacuate.

Once the notification is prepared, the Chief of Police or the Clery Director if one is designated, or in their absence, the management designee(s) 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.

Distribution methods of emergency notifications may include but are not limited to one or more of the following methods:

  • The campus mass notification system, including but not limited to phone, campus email, or text messaging
  • Audio/visual message boards
  • Audible alarms/sirens
  • Campus public address systems
  • In person or door-to-door notifications in a building or residence halls
  • Other means appropriate under the circumstances

 

Student and employees who need information on how to add contact information to be included for emergency notification or to remove information and "opt out" of notifications follow these steps:

  • From myCalMaritime, navigate to PeopleSoft from the launchpad on the left.
  • From the PeopleSoft dashboard, on the menu sidebar, select Self Service.
  • Select Personal Information. (Campus Personal Information if user is a student)
  • Select ‘Phone Numbers' and add/update your phone numbers. Entering your mobile number as a phone type will enable Maritime ALERT to contact you via voice and SMS in the case of an emergency.
  • Select the ‘SAVE' button in order to confirm your changes

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.

Cal Maritime encourages its on-campus resident population to be observant about activity within its community, including watching out for their neighbors. It also provides campus personnel with a framework for inter-office cooperation in the event that a student residing in the on-campus housing community is reported missing.

Any report of a missing student, regardless of source, should be immediately reported to the investigating department. The reporter should be prepared to provide any information known on the student's last location and/or contact.

Upon receipt of a report and subject to initial investigation findings the investigating department shall notify the Campus Designee, who shall initiate whatever action he or she deems appropriate under the circumstances and in the best interest of the missing student. The Designee shall also notify the appropriate Senior Leadership of the institution.

Missing Person Notification Procedures:

Confidential Contact: The investigating department and/or campus designee shall notify the confidential contact within twenty-four (24) hours of the student being deemed missing if the student has designated confidential contact on file with the institution.

A student's confidential contact shall be the emergency contact(s) designated by the student on the housing license agreement. For non-residential students, the individual reported as the confidential contact through the University website shall be the emergency contact.

Custodial Parent or Guardian: The investigating department and/or campus designee shall notify the custodial parent or guardian of a student under the age of eighteen (18) who is not emancipated within twenty-four (24) hours of the student being deemed missing.

Local Law Enforcement: The investigating department shall notify the local law enforcement agency with jurisdiction of the area within twenty-four (24) hours of the student being deemed missing regardless of the student's age and/or designated confidential contact/custodial parent or guardian.

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