Contents
Preparing the Annual Security Report ....................................................................................................... 6
Clery Crime Statistics 2021 to 2023 ............................................................................................................ 7
CSU San Marcos ...................................................................................................................................... 7
Unfounded Crimes ............................................................................................................................. 10
Hate Crimes ........................................................................................................................................ 11
CSUSM Temecula Campus ................................................................................................................... 12
Unfounded Crimes ............................................................................................................................. 15
Hate Crimes ........................................................................................................................................ 16
Mt. San Jacinto College- Temecula Valley Campus (MSJC TVC) ..................................................... 17
Unfounded Crimes ............................................................................................................................. 20
Hate Crimes ........................................................................................................................................ 20
Procedures for Students and Others to Report Criminal Actions or Other Emergencies on
Campus ................................................................................................................................................... 21
Voluntary and Confidential Reporting ................................................................................................. 23
Crime of Violence Disclosures .............................................................................................................. 23
California Education Code section 67380(a)(6)(A) .............................................................................. 24
Timely Warning Policy........................................................................................................................... 24
Additional Considerations ................................................................................................................. 25
Contents of a Timely Warning .......................................................................................................... 25
Methods of Distribution..................................................................................................................... 26
Emergency Notification Policy .............................................................................................................. 26
Contents of the Emergency Notification The emergency notification shall contain the
following information: ....................................................................................................................... 27
Methods of Distribution..................................................................................................................... 28
Testing and Evacuation System ....................................................................................................... 28
Security of and Access to Campus Facilities, and Security Considerations for the Maintenance of
Campus Facilities ................................................................................................................................... 29
Systemwide Law Enforcement Policy, Law Enforcement Authority ................................................ 31
Security Awareness and Crime Prevention Programs ....................................................................... 33
Monitoring and Recording Crime Activity at Noncampus Locations of Student Organizations ... 36
Possession, Use, Sale and Enforcement of Federal and State Alcohol and Drug laws .................. 37
Sexual Violence Prevention .................................................................................................................. 40
Training for Employees ..................................................................................................................... 41
Prevention and Awareness Programming ...................................................................................... 42
2
Information About Campus Reporting, Adjudication, and Discipline Procedures ...................... 42
Risk Reduction ........................................................................................................................................ 45
Bystander Intervention ...................................................................................................................... 48
Written Notification ................................................................................................................................ 49
Supportive Measures............................................................................................................................. 49
Reporting Options .................................................................................................................................. 53
The Importance of Preserving Evidence .............................................................................................. 54
Reporting to Law Enforcement and Making a Criminal Report ........................................................ 54
Protective Orders ................................................................................................................................... 56
Civil Reporting Options & Protective Orders ................................................................................... 56
Court-Ordered Restraining Orders ................................................................................................... 56
Emergency Protective Order (EPO) .................................................................................................. 56
Temporary Domestic Violence Restraining Order (TRO) ............................................................... 56
Criminal Protective Order (CPO) ....................................................................................................... 56
Civil Harassment Restraining Order ................................................................................................. 56
The CSU, Restraining Orders and Protective Orders ..................................................................... 57
Disciplinary Procedures ......................................................................................................................... 57
Simultaneous Written Notification ................................................................................................... 58
Outreach to Complainant .................................................................................................................. 58
Initial Assessment & Intake Meeting ................................................................................................ 59
Confidentiality Requests and Requests Not to Investigate ............................................................ 59
Supportive Measures............................................................................................................................. 61
Review of Supportive Measures (Applies only to Reports or Complaints of Sex-based
Harassment)........................................................................................................................................ 62
No-Contact Directives ........................................................................................................................ 62
Criminal Complaints and Concurrent Investigations ..................................................................... 63
Complaints .............................................................................................................................................. 64
Complaints Accepted for Investigation ............................................................................................ 65
Complaint Not Accepted for Investigation ...................................................................................... 65
Discretionary Dismissal ..................................................................................................................... 65
Dismissal of a Complaint - Applies only to Complaints of Sex-based Harassment .................... 65
Consolidation...................................................................................................................................... 67
Student Grade Appeals ..................................................................................................................... 67
Alternative Resolution Process ............................................................................................................. 67
Informal Resolution ........................................................................................................................... 67
3
Acceptance of Responsibility ................................................................................................................ 70
Investigations-The Formal Complaint Resolution Process ................................................................ 71
Purpose of the Investigation and Resolution Process .................................................................... 71
Privacy ................................................................................................................................................. 72
Standard and Burden of Proof .......................................................................................................... 72
Role of the Title IX Coordinator / DHR Administrator in the Investigation Process .................... 72
Neutrality of Process .......................................................................................................................... 72
Investigation Where a Respondent Does Not Participate .............................................................. 73
Timeframe, Extensions, and Status Updates .................................................................................. 73
Reasonable Accommodations .......................................................................................................... 74
Notices of Investigation ..................................................................................................................... 74
Respondent Initial Meeting ............................................................................................................... 75
Gathering Evidence ............................................................................................................................ 76
Investigations Involving Allegations of Sex Discrimination .......................................................... 76
Final Investigation Report ................................................................................................................. 78
Hearings .................................................................................................................................................. 79
Privacy ................................................................................................................................................. 79
Appeal Procedures ................................................................................................................................. 86
Filing an Appeal to the Chancellor’s Office ..................................................................................... 87
Bases for Appeal ................................................................................................................................ 87
Issues and Evidence on Appeal ........................................................................................................ 87
Acknowledgement of Appeal ............................................................................................................ 87
Reasonable Accommodation ............................................................................................................ 88
Scope of Review ................................................................................................................................. 88
Civil Rights Appeals Unit Response ................................................................................................. 88
Reopening a University Investigation or Hearing ........................................................................... 88
Reversal by Civil Rights Appeals Unit .............................................................................................. 88
Timeline for Response to Appeal ..................................................................................................... 89
Timelines and Extensions ................................................................................................................. 89
Disciplinary Sanctions and Remedies .............................................................................................. 89
Registered Sex Offenders...................................................................................................................... 90
Missing Student Notification Procedures for On-campus Student Housing Facilities ................... 90
Annual Fire Safety Report ..................................................................................................................... 92
Appendix A: Jurisdictional Definitions ................................................................................................ 93
Rape (CA Penal Code Chapter 1 Section 261) ................................................................................. 93
4
Sodomy (CA Penal Code Chapter 1 Section 286) ........................................................................... 94
Oral Copulation (CA Penal Code Chapter 1 Section 287) ............................................................... 96
Bigamy, Incest, and the Crime against Nature (CA Penal Code Chapter 1 Section 285 and
Section 289) ........................................................................................................................................ 99
Fondling (CA Penal Code Chapter 9. Section 243.4, Assault and Battery) ................................. 101
Statutory Rape (CA Penal Code, Chapter 1, Section 261.5) ......................................................... 103
Incest (CA Penal Code, Chapter 1, Section 285) ............................................................................ 104
Abuse: (CA Family Code, 6203 (definitions) and 6211) ................................................................ 104
Domestic Violence/Dating Violence (CA Penal Code, Chapter 2, Section 273.5 and Section 243)
........................................................................................................................................................... 105
CA Penal Code 273.5 ........................................................................................................................ 105
CA Penal Code 243(e) ...................................................................................................................... 105
Stalking: CA Penal Code, Chapter 2, Section 646.9 ...................................................................... 105
Stalking: CA Penal Code, Chapter 2, Section 653m ...................................................................... 105
Consent to Sexual Activity (CA Penal Code, Chapter 1, section 261.6 and section 261.7) ....... 106
Appendix B: Clery- Prevention Programs and Campaigns San Marcos Campus January 1, 2023-
December 31, 2023 ............................................................................................................................... 107
Appendix C: Clery- Prevention Programs and Campaigns Temecula locations January 1, 2023-
December 31, 2023 ............................................................................................................................... 114
Appendix D: Mt. San Jacinto College Policy Statements ............................................................... 115
5
Message from
THE PRESIDENT
Dear Cal State San Marcos community,
Thank you for taking time to read this year’s Annual Security Report. The Jeanne Clery Disclosure
of Campus Security Policies and Campus Crime Statistics Act, commonly referred to as the Clery
Act, is a federal mandate requiring all institutions of higher education that participate in federal
student financial aid programs to disclose information about certain campus policies, procedures,
and crimes reported to have occurred on the campus and certain off-campus locations. This report
provides important information about safety and security at CSUSM. In addition to outlining many
of the policies and resources that our university offers, this report also contains crime statistics for
the previous three calendar years of January 1, 2021 - December 31, 2023.
At CSUSM, campus safety and security are shared responsibilities and an essential part of student
success and employee wellness. I am proud of the work that our faculty, staff and students do to
keep CSUSM secure and safe. Additionally, our University Police Department strives every day to
serve all members of the campus community with an emphasis on developing partnerships and
sharing of information and ideas. However, we must never become complacent when it comes to
our campus environment. It’s crucial for us to look out for one another and to speak up by
reporting potentially unsafe situations.
I hope you find this report informative. If you have questions or would like further information
about the Clery Act, please visit the Clery website https://www.csusm.edu/clery/index.html.
Sincerely,
Ellen Neufeldt, Ed.D.
President
6
PREPARING THE ANNUAL SECURITY REPORT
The Clery Director and Clery Compliance Team (CCT) compile this institutional report to comply
with the
Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act
(the
Clery Act), and it is a disclosure for the three most recent calendar years concerning the number of
specific crimes that occurred on or within CSUSM’s Clery geography.
The Clery Compliance Team assists the Clery Director in the collection of information and required
crime statistics, assists in developing, writing, reviewing and ensuring the accuracy of the ASR and
campus policies required to be included in the ASR, assists in the proper identification of relevant
Clery Act geography, assists in programming, developing and providing training and outreach
efforts on the campus for compliance and assists in overall compliance with the Clery Act and
state student safety laws.
The procedures for preparing the annual disclosure of crime statistics include reporting statistics
to the campus community obtained from the following sources: the CSUSM University Police
Department, Dean of Students, Office of Residential Life, Title IX office, Athletics, Office of Human
Resources, Faculty Affairs, individuals designated as “Campus Security Authorities” (CSA) under
the Clery Act, and local law enforcement agencies with concurrent jurisdiction over the campus’s
Clery Geography. For statistical purposes, crime statistics reported to any of these sources on or
within CSUSM’s Clery geography are recorded in the calendar year the crime was reported.
The statistics are gathered, compiled, and reported to the University community via this Annual
Security Report and the Annual Fire Safety Report, which is published by the Clery Director. The
Clery Director submits the annual crime statistics published in this report to the Department of
Education (ED). The statistical information gathered by the Department of Education is available to
the public through the ED website: https://ope.ed.gov/campussafety/#/
All policy and procedure references in this report apply to the San Marcos and Temecula campus
locations unless separately noted.
All students and employees receive annual notice by campus-wide email of the Annual Security
Report, a brief description of its contents, information regarding the availability of the report on
the campus website, the electronic address to access the report, and a statement on how to obtain
a paper copy, if desired. Similar notices are provided to prospective students and employees on
the Admissions & Student Outreach and Careers at CSUSM webpages.
For more information, see the CSU Implementation of the Jeanne Clery Disclosure of Campus
Security Policy and Campus Crime Statistics Act (the “Clery Act”).
7
CLERY CRIME STATISTICS 2021 TO 2023
CSU San Marcos
333 S. Twin Oaks Valley Road, San Marcos, CA
Note: The campus residential category is a subset of the on-campus category. Residential facilities
include UVA, QUAD, North Commons and specific units in Block C.
Murder/NonNegligent Manslaughter
Year
Campus Residential
Campus Total
Noncampus
2021
0
0
0
2022
0
0
0
2023
0
0
0
Negligent Manslaughter
Year
Campus Residential
Campus Total
Noncampus
2021
0
0
0
2022
0
0
0
2023
0
0
0
Rape
Year
Campus Residential
Campus Total
Noncampus
2021
3
3
0
2022
5
5
0
2023
11*
11*
0
*6 incidents occurred in 2022 but were reported to the University in 2023.
Fondling
Year
Campus Residential
Campus Total
Noncampus
2021
1
1
0
2022
2
3
0
2023
6
6
0
Incest
Year
Campus Residential
Campus Total
Noncampus
2021
0
0
0
2022
0
0
0
2023
0
0
0
8
Statutory Rape
Year
Campus Residential
Campus Total
Noncampus
2021
0
0
0
2022
0
0
0
2023
0
0
0
Robbery
Year
Campus Residential
Campus Total
Noncampus
2021
0
0
0
2022
1
1
0
2023
0
0
0
Aggravated Assault
Year
Campus Residential
Campus Total
Noncampus
2021
0
0
0
2022
0
0
0
2023
2
3
0
Burglary
Year
Campus Residential
Campus Total
Noncampus
2021
0
3
0
2022
2
5
0
2023
1
3
0
Motor Vehicle Theft
Year
Campus Residential
Campus Total
Noncampus
2021
0
1
0
2022
0
4*
0
2023
0
5
0
* includes theft of e-bikes and e-scooters. 2022 statistics were “2” updated to “4” in 2023 ASR to reect this
correction.
Arson
Year
Campus Residential
Campus Total
Noncampus
2021
0
0
0
2022
0
1
0
2023
0
0
0
9
Domestic Violence
Year
Campus Residential
Campus Total
Noncampus
2021
0
0
0
2022
4
4
0
2023
11*
12*
0
*6 incidents occurred in 2022 but were reported to the University in 2023.
Dating Violence
Year
Campus Residential
Campus Total
Noncampus
2021
0
0
0
2022
0
0
0
2023
0
0
0
*CSU campuses are advised to report all Dating Violence incidents under Domestic Violence, and report “0” incidents
of dating violence, since we are to use state law in evaluating whether a protected relationship exists between the
parties, and California's Domestic Violence law includes persons in a social relationship of a romantic or intimate
nature.
Stalking
Year
Campus Residential
Campus Total
Noncampus
2021
0
1
0
2022
1
5
0
2023
2
6
0
Arrests for Weapons Law Violations
Year
Campus Residential
Campus Total
Noncampus
2021
1
3
0
2022
0
2
0
2023
1
3
0
Arrests for Drug Law Violations
Year
Campus Residential
Campus Total
Noncampus
2021
0
11
0
2022
0
7
0
2023
1
15
0
Arrests for Alcohol Law Violations
Year
Campus Residential
Campus Total
Noncampus
2021
0
3
0
2022
0
3
0
2023
0
6
0
10
Referrals to Disciplinary Action for Weapons Law Violations
Year
Campus Residential
Campus Total
Noncampus
2021
2
2
0
2022
1
1
0
2023
0
0
0
Referrals to Disciplinary Action for Drug Law Violations
Year
Campus Residential
Campus Total
Noncampus
2021
4
4
0
2022
30
37
0
2023
20
21
0
Referrals to Disciplinary Action for Liquor Law Violations
Year
Campus Residential
Campus Total
Noncampus
2021
2
2
0
2022
6
8
2
2023
5
5
0
Unfounded Crimes
In accordance with 34 C.F.R. § 668.46, CSUSM may only exclude a reported crime from an
upcoming ASR or remove a reported crime from its previously reported statistics, after a full
investigation by sworn or commissioned law enforcement personnel have made a formal
determination that the report was false or baseless and the crime report was therefore
‘‘unfounded.’’ This does not include a District Attorney who is sworn or commissioned. A Campus
Security Authority (CSA) who is not a sworn or commissioned law enforcement authority cannot
‘‘unfound’’ a crime report either. The recovery of stolen property, the low value of stolen property,
the refusal of the victim to cooperate with law enforcement or the prosecution, or the failure to
make an arrest does not ‘‘unfound’’ a crime. The findings of a coroner, court, jury (either grand or
part), or prosecutor do not ‘‘unfound’’ crime reports of offenses or attempts. Crime reports can be
properly determined to be false only if the evidence from full investigation establishes the crime
reported was not, in fact, completed or attempted in any manner. Crime reports can only be
determined to be baseless if the allegations reported did not meet the elements of the offense or
were improperly classified as crimes in the first place. A case cannot be designated ‘‘unfounded’’ if
no investigation was conducted by sworn law enforcement personnel or the investigation was not
completed, nor can it be designated “unfounded” merely because the investigation failed to prove
the crime occurred; this would be an inconclusive or unsubstantiated investigation.
If a crime is “unfounded”, it will not be included in the Clery Act statistics for the associated crime
category and is removed from any previously reported statistics for that crime category. The
11
“unfounded” crime is included in the total count of “unfounded” crimes for the year in which the
crime was originally reported.
Year
2021
0
2022
3
2023
3
Hate Crimes
A Hate Crime is a criminal offense that manifests evidence that the victim was intentionally
selected because of the perpetrator’s bias against the victim. Hate crimes includes any offense in
the following group: murder and nonnegligent manslaughter, sexual assault including rape,
fondling, incest and statutory rape, robbery, aggravated assault, burglary, motor vehicle theft,
arson, larceny-theft, simple assault, intimidation, destruction/damage/vandalism of property.
Bias is a preformed negative opinion or attitude toward a group of persons based on their race,
gender, gender identity, religion, disability, sexual orientation, ethnicity, or national origin.
Hate crime reporting is considered for all Clery geography including on campus, residential
facilities, noncampus buildings or property, and public property.
2021- There were no reported hate crimes.
2022- There were no reported hate crimes
2023- One on-campus, on campus residential intimidation characterized by sexual orientation
and gender, and one on campus intimidation characterized by sexual orientation.
To the extent that any of the statistics in this report differ from statistics previously reported, these
statistics reflect the most accurate and complete information currently available to the University.
12
CSUSM Temecula Campus
43890 Margarita Road, Temecula, CA
Note: there are no residential facilities at, nor any noncampus properties associated with, this
location.
Murder/NonNegligent Manslaughter
Year
Campus Residential
Campus Total
Noncampus
2021
N/A
0
N/A
2022
N/A
0
N/A
2023
N/A
0
N/A
Negligent Manslaughter
Year
Campus Residential
Campus Total
Noncampus
2021
N/A
0
N/A
2022
N/A
0
N/A
2023
N/A
0
N/A
Rape
Year
Campus Residential
Campus Total
Noncampus
2021
N/A
0
N/A
2022
N/A
0
N/A
2023
N/A
0
N/A
Fondling
Year
Campus Residential
Campus Total
Noncampus
2021
N/A
0
N/A
2022
N/A
0
N/A
2023
N/A
0
N/A
Incest
Year
Campus Residential
Campus Total
Noncampus
2021
N/A
0
N/A
2022
N/A
0
N/A
2023
N/A
0
N/A
13
Statutory Rape
Year
Campus Residential
Campus Total
Noncampus
2021
N/A
0
N/A
2022
N/A
0
N/A
2023
N/A
0
N/A
Robbery
Year
Campus Residential
Campus Total
Noncampus
2021
N/A
0
N/A
2022
N/A
0
N/A
2023
N/A
0
N/A
Aggravated Assault
Year
Campus Residential
Campus Total
Noncampus
2021
N/A
0
N/A
2022
N/A
0
N/A
2023
N/A
0
N/A
Burglary
Year
Campus Residential
Campus Total
Noncampus
2021
N/A
0
N/A
2022
N/A
0
N/A
2023
N/A
0
N/A
Motor Vehicle Theft
Year
Campus Residential
Campus Total
Noncampus
2021
N/A
0
N/A
2022
N/A
0
N/A
2023
N/A
0
N/A
Arson
Year
Campus Residential
Campus Total
Noncampus
2021
N/A
0
N/A
2022
N/A
0
N/A
2023
N/A
0
N/A
14
Domestic Violence
Year
Campus Residential
Campus Total
Noncampus
2021
N/A
0
N/A
2022
N/A
0
N/A
2023
N/A
0
N/A
Dating Violence
Year
Campus Residential
Campus Total
Noncampus
2021
N/A
0
N/A
2022
N/A
0
N/A
2023
N/A
0
N/A
Stalking
Year
Campus Residential
Campus Total
Noncampus
2021
N/A
0
N/A
2022
N/A
0
N/A
2023
N/A
0
N/A
Arrests for Weapons Law Violations
Year
Campus Residential
Campus Total
Noncampus
2021
N/A
0
N/A
2022
N/A
0
N/A
2023
N/A
0
N/A
Arrests for Drug Law Violations
Year
Campus Residential
Campus Total
Noncampus
2021
N/A
0
N/A
2022
N/A
0
N/A
2023
N/A
0
N/A
Arrests for Alcohol Law Violations
Year
Campus Residential
Campus Total
Noncampus
2021
N/A
0
N/A
2022
N/A
0
N/A
2023
N/A
0
N/A
15
Referrals to Disciplinary Action for Weapons Law Violations
Year
Campus Residential
Campus Total
Noncampus
2021
N/A
0
N/A
2022
N/A
0
N/A
2023
N/A
0
N/A
Referrals to Disciplinary Action for Drug Law Violations
Year
Campus Residential
Campus Total
Noncampus
2021
N/A
0
N/A
2022
N/A
0
N/A
2023
N/A
0
N/A
Referrals to Disciplinary Action for Liquor Law Violations
Year
Campus Residential
Campus Total
Noncampus
2021
N/A
0
N/A
2022
N/A
0
N/A
2023
N/A
0
N/A
Unfounded Crimes
In accordance with 34 C.F.R. § 668.46, CSUSM may only exclude a reported crime from an
upcoming ASR or remove a reported crime from its previously reported statistics, after a full
investigation by sworn or commissioned law enforcement personnel have made a formal
determination that the report was false or baseless and the crime report was therefore
‘‘unfounded.’’ This does not include a District Attorney who is sworn or commissioned. A Campus
Security Authority (CSA) who is not a sworn or commissioned law enforcement authority cannot
‘‘unfound’’ a crime report either. The recovery of stolen property, the low value of stolen property,
the refusal of the victim to cooperate with law enforcement or the prosecution, or the failure to
make an arrest does not ‘‘unfound’’ a crime. The findings of a coroner, court, jury (either grand or
part), or prosecutor do not ‘‘unfound’’ crime reports of offenses or attempts. Crime reports can be
properly determined to be false only if the evidence from full investigation establishes the crime
reported was not, in fact, completed or attempted in any manner. Crime reports can only be
determined to be baseless if the allegations reported did not meet the elements of the offense or
were improperly classified as crimes in the first place. A case cannot be designated ‘‘unfounded’’ if
no investigation was conducted by sworn law enforcement personnel or the investigation was not
completed, nor can it be designated “unfounded” merely because the investigation failed to prove
the crime occurred; this would be an inconclusive or unsubstantiated investigation.
If a crime is “unfounded”, it will not be included in the Clery Act statistics for the associated crime
category and is removed from any previously reported statistics for that crime category. The
16
“unfounded” crime is included in the total count of “unfounded” crimes for the year in which the
crime was originally reported.
Year
Unfounded Crimes
2021
0
2022
0
2023
0
Hate Crimes
A Hate Crime is a criminal offense that manifests evidence that the victim was intentionally
selected because of the perpetrator’s bias against the victim. Hate crimes includes any offense in
the following group: murder and nonnegligent manslaughter, sexual assault including rape,
fondling, incest and statutory rape, robbery, aggravated assault, burglary, motor vehicle theft,
arson, larceny-theft, simple assault, intimidation, destruction/damage/vandalism of property.
Bias is a preformed negative opinion or attitude toward a group of persons based on their race,
gender, gender identity, religion, disability, sexual orientation, ethnicity, or national origin.
Hate crime reporting is considered for all Clery geography including on campus, residential
facilities, noncampus buildings or property, and public property.
2021- There were no reported hate crimes.
2022- There were no reported hate crimes
2023- There were no reported hate crimes
To the extent that any of the statistics in this report differ from statistics previously reported, these
statistics reflect the most accurate and complete information currently available to the University.
17
Mt. San Jacinto College- Temecula Valley Campus (MSJC TVC)
41888 Motor Car Parkway, Temecula, CA
Note: This location became a separate campus effective 8/1/2022.
Note: There are no residential facilities, nor any noncampus properties associated with, this
location.
Murder/NonNegligent Manslaughter
Year
Campus Residential
Campus Total
Noncampus
Public Property
2022
N/A
0
N/A
0
2023
N/A
N/A
Negligent Manslaughter
Year
Campus Residential
Campus Total
Noncampus
2022
N/A
0
N/A
2023
N/A
N/A
Rape
Year
Campus Residential
Campus Total
Noncampus
2022
N/A
0
N/A
2023
N/A
N/A
Fondling
Year
Campus Residential
Campus Total
Noncampus
2022
N/A
0
N/A
2023
N/A
N/A
Incest
Year
Campus Residential
Campus Total
Noncampus
2022
N/A
0
N/A
2023
N/A
N/A
Statutory Rape
Year
Campus Residential
Campus Total
Noncampus
2022
N/A
0
N/A
2023
N/A
N/A
18
Robbery
Year
Campus Residential
Campus Total
Noncampus
2022
N/A
0
N/A
2023
N/A
N/A
Aggravated Assault
Year
Campus Residential
Campus Total
Noncampus
2022
N/A
0
N/A
2023
N/A
N/A
Burglary
Year
Campus Residential
Campus Total
Noncampus
2022
N/A
0
N/A
2023
N/A
N/A
Motor Vehicle Theft
Year
Campus Residential
Campus Total
Noncampus
2022
N/A
0
N/A
2023
N/A
N/A
Arson
Year
Campus Residential
Campus Total
Noncampus
2022
N/A
0
N/A
2023
N/A
N/A
Domestic Violence
Year
Campus Residential
Campus Total
Noncampus
2022
N/A
0
N/A
2023
N/A
N/A
19
Dating Violence
Year
Campus Residential
Campus Total
Noncampus
2022
N/A
0
N/A
2023
N/A
N/A
Stalking
Year
Campus Residential
Campus Total
Noncampus
2022
N/A
0
N/A
2023
N/A
N/A
Arrests for Weapons Law Violations
Year
Campus Residential
Campus Total
Noncampus
2022
N/A
0
N/A
2023
N/A
N/A
Arrests for Drug Law Violations
Year
Campus Residential
Campus Total
Noncampus
2022
N/A
0
N/A
2023
N/A
N/A
Arrests for Alcohol Law Violations
Year
Campus Residential
Campus Total
Noncampus
2022
N/A
0
N/A
2023
N/A
N/A
Referrals to Disciplinary Action for Weapons Law Violations
Year
Campus Residential
Campus Total
Noncampus
2022
N/A
0
N/A
2023
N/A
N/A
Referrals to Disciplinary Action for Drug Law Violations
Year
Campus Residential
Campus Total
Noncampus
2022
N/A
0
N/A
2023
N/A
N/A
20
Referrals to Disciplinary Action for Liquor Law Violations
Year
Campus Residential
Campus Total
Noncampus
2022
N/A
0
N/A
2023
N/A
N/A
Unfounded Crimes
In accordance with 34 C.F.R. § 668.46, CSUSM may only exclude a reported crime from an
upcoming ASR or remove a reported crime from its previously reported statistics, after a full
investigation by sworn or commissioned law enforcement personnel have made a formal
determination that the report was false or baseless and the crime report was therefore
‘‘unfounded.’’ This does not include a District Attorney who is sworn or commissioned. A Campus
Security Authority (CSA) who is not a sworn or commissioned law enforcement authority cannot
‘‘unfound’’ a crime report either. The recovery of stolen property, the low value of stolen property,
the refusal of the victim to cooperate with law enforcement or the prosecution, or the failure to
make an arrest does not ‘‘unfound’’ a crime. The findings of a coroner, court, jury (either grand or
part), or prosecutor do not ‘‘unfound’’ crime reports of offenses or attempts. Crime reports can be
properly determined to be false only if the evidence from full investigation establishes the crime
reported was not, in fact, completed or attempted in any manner. Crime reports can only be
determined to be baseless if the allegations reported did not meet the elements of the offense or
were improperly classified as crimes in the first place. A case cannot be designated ‘‘unfounded’’ if
no investigation was conducted by sworn law enforcement personnel or the investigation was not
completed, nor can it be designated “unfounded” merely because the investigation failed to prove
the crime
occurred; this would be an inconclusive or unsubstantiated investigation.
If a crime is “unfounded”, it will not be included in the Clery Act statistics for the associated crime
category and is removed from any previously reported statistics for that crime category. The
“unfounded” crime is included in the total count of “unfounded” crimes for the year in which the
crime was originally reported.
Year
Unfounded Crimes
2022
0
2023
0
Hate Crimes
A Hate Crime is a criminal offense that manifests evidence that the victim was intentionally
selected because of the perpetrator’s bias against the victim. Hate crimes includes any offense in
the following group: murder and nonnegligent manslaughter, sexual assault including rape,
fondling, incest and statutory rape, robbery, aggravated assault, burglary, motor vehicle theft,
arson, larceny-theft, simple assault, intimidation, destruction/damage/vandalism of property.
21
Bias is a preformed negative opinion or attitude toward a group of persons based on their race,
gender, gender identity, religion, disability, sexual orientation, ethnicity, or national origin.
Hate crime reporting is considered for all Clery geography including on campus, residential
facilities, noncampus buildings or property, and public property.
2022- There were no reported hate crimes
2023- There were no reported hate crimes
To the extent that any of the statistics in this report differ from statistics previously reported, these
statistics reflect the most accurate and complete information currently available to the University.
Procedures for Students and Others to Report Criminal Actions or Other Emergencies on
Campus
The California State University San Marcos Police Department (UPD) encourages accurate and
prompt reporting of all crimes and takes all such reports seriously (20 USC § 1092(f)(1)(C)(iii)).
Reports will be accepted in any manner, including in person or in writing. Reports will be accepted
anonymously by phone or via email. For crimes occurring at off-campus locations, the law
enforcement agency with jurisdiction in that area should be contacted.
Emergency Reporting
San Marcos
• Call or text 911 for any emergency or 760-750-4567 for emergency or non-emergency calls
• UPD is located at 425 La Moree Road, next to the Sprinter Station
• Use any of the more than 100 emergency telephones located in university buildings, or
Blue Light Emergency Telephones located around campus, to report an emergency directly
to the UPD.
• Use the emergency intercom system found in most building elevators to report an
emergency directly to the UPD.
Temecula Locations
The Temecula Police Department, part of the Riverside County Sheriff Southwest station, has
primary jurisdiction for the safety and security of the CSUSM Temecula campus located at 43890
Margarita Road and for the Mt. San Jacinto College Temecula Valley Campus (MSJC TVC) located
at 41888 Motor Car Parkway. The Temecula Police Department is located at 30755-A Auld Rd.,
Murrieta, California and can be reached 24 hours per day at 911 or 951-696-3000. The Riverside
County Sheriff manages the regional 911 call center. In addition, private security is provided to
monitor the CSUSM Temecula campus at night. MSJC TVC has security onsite daily. The security
office is located on the first floor, room 102, near the reception desk and can be reached at 951-
639-5188.
22
• Dial 911 or 951-696-3000 for any emergency or 800-950-2444 for non-emergency calls
• Temecula Police located at 30755-A Auld Rd., Murrieta, CA
Campus Security Authorities (CSAs)
The University encourages all members of the campus community to contact the UPD when
they have been the victim of or have witnessed criminal actions. However, in some instances
members of the campus community may feel more comfortable reporting criminal activity to
a CSA.
The Federal Department of Education defines a CSA as (34 CFR 668.46):
• A campus police department or a campus security department of an institution
• Any individual who has responsibility for campus security but who does not constitute a
campus police department or a campus security department (e.g., an individual who is
responsible for monitoring the entrance to the institution or providing safety escorts)
• Any individual or organization specified in an institution's statement of campus security
policy as an individual or organization to which students and employees should report
criminal offenses (UPD or Title IX)
• Any official of the University who has a significant responsibility for student and campus
activities, including but not limited to student housing, student discipline, and campus
judicial proceedings.
Individuals who do not meet the criteria for being CSAs include faculty members who do not
have any responsibility for student and campus activities beyond the classroom, clerical staff,
and cafeteria staff.
Exemption for Pastoral and Professional Counselors: Under the Clery Act, there are two types
of individuals, pastoral counselors and professional counselors, who may have significant
responsibility for student and campus activities but are not CSAs. This exemption protects the
counselor-patient relationship by ensuring that pastoral and professional counselors can
provide appropriate counseling services without an obligation to report all crimes they may
learn about while providing these services. In addition, crimes reported to a pastoral or
professional counselor are exempt from timely warning notifications. This exemption is not
absolute and there are certain situations in which counselors have a legal obligation to report a
crime. Individuals who counsel students and/or employees but do not meet the Clery Act
definition below of a pastoral or professional counselor are not exempt from being a CSA if
they otherwise have significant responsibility for student and campus activities.
CSAs must promptly report allegations of Clery crimes that occur within a Campus'
Clery Geography that are reported to them. A report may be a written or verbal disclosure
made by any person to the CSA, including information shared with the CSA by witnesses or
other third parties. CSA reports must include the following, if known: the crime that was
reported and the information provided, the exact location where the reported crime occurred,
the date and time the reported crime occurred, any witness and perpetrator information and
victim information, unless the victim requests confidentiality. Employees may be required to
share this information with other offices if they have responsibilities under other laws and
policies including, but not limited to, Mandatory Reporting of Child Abuse and Neglect, and
Interim CSU Nondiscrimination Policy. In the event the victim does request confidentiality,
enough information must be obtained and provided by the CSA about the criminal incident to
prevent over-reporting or "double counting" of the incident.
23
Voluntary and Confidential Reporting
For certain sex offenses, stalking, domestic violence and hates crimes
1
, the victim has the right to
affirmatively request from University Police, after being informed of their options, that the victim's
identity remain confidential. However, even if the victim requests confidentiality of identity, the
University Police should specifically ask the victim if the victim's name can be provided to the Title
IX Office so that the Title IX Coordinator can contact the victim to discuss supportive measures
that can be offered. And in all cases, even when the victim requests confidentiality, the identity of
the alleged perpetrator (if known) must be reported to the Title IX Coordinator.
Any victim of these crimes may request their name remain confidential in the police report
narrative. These reports will be included in the university's annual disclosure of crime statistics.
Aside from the sex offenses above, UPD will always seek basic contact information for reporting
parties, however, there are other ways to report crime anonymously, this includes:
• Calling in criminal activity and asking to remain anonymous.
• Report the crime to San Diego Crime Stoppers. See below for more information.
• Report suspicious or crime activity directly through the San Diego Law Enforcement
Coordination Center (SD-LECC).
• Report crimes through the 911 text system.
• Report through the UPD dispatch email account dispatch@csusm.edu
Confidential reports of any crime may be made to San Diego Crime Stoppers who provides a safe
way to anonymously report crime. Anyone with information on a crime is asked to call the Crime
Stoppers anonymous tip line at (888) 580-8477 or visit the Crime Stoppers website at
www.sdcrimestoppers.org for more information on how to send anonymous web and mobile app
tips. Please note, there could be a delay in reports submitted to Crime Stoppers being forwarded
to the CSUSM University Police Department. CSUSM encourages reporting to UPD for
assessment of the crime for distribution of a timely warning notification, disclosure in the annual
crime statistics and providing immediate campus resources.
Anonymous reports received in any of these ways will be included in Clery crime statistics if they
are a Clery crime which occurred in Clery geography.
There is no policy in place to encourage counselors to inform their clients of voluntary,
confidential reporting options; however, counselors do so as a best practice when they deem it
appropriate.
Crime of Violence Disclosures
The institution will, upon written request, disclose to the alleged victim of a crime of violence or a
non-forcible sex offense, the report on the results of any disciplinary proceeding conducted by the
institution against a student who is the alleged perpetrator of such a crime or offense. If the
alleged victim is deceased as a result of such crime or offense, the next of kin of such a victim shall
be treated as the alleged victim.
1
See Penal Code Sections 220, 261, 261.5, 262, 264, 264.1, 265, 266, 266a, 266b, 266c, 266e, 266f,
266j, 267, 269, 273a, 273d, 273.5, 285, 286, 288, 288a, 288.2, 288.3, 288.4, 288.5, 288.7, 289, 422.6,
422.7, 422.75, 646.9, or 647.6.
24
California Education Code section 67380(a)(6)(A)
Pursuant to California Education Code section 67380(a)(6)(A), Campus Security Authorities (CSAs)
who receive reports from employees or students of a Part I violent crime, sexual assault or hate
crime that occurred in an on or noncampus location as defined by the Clery Act, may not disclose
to UPD or local law enforcement agencies the names of the victims or the alleged assailant, unless
the victim consents to disclosing their name after being informed of their right to have their
personally identifying information withheld. The name of the alleged assailant may be disclosed,
however, if all of the following conditions are met:
• The alleged assailant represents a serious or ongoing threat to the safety of students,
employees, or the institution; and
• The immediate assistance of the local law enforcement agency is necessary to contact or
detain the alleged assailant.
Timely Warning Policy
(For students attending classes at MSJC TVC- see Appendix D for Timely Warning Policy)
This policy describes the procedures that will be used to provide members of the community with
information to aid in preventing them from becoming victims of crimes posing a serious or
ongoing threat to the Campus communities. It is intended to provide faculty, staff, and students
with timely information about Clery reportable crimes occurring within the defined Clery
Geography of their Campuses, and to comply with the Timely Warning requirements of the Jeanne
Clery Act.
As required by the Clery Act, CSU Campuses will keep their Campus communities informed by
providing a timely warning when appropriate.
• Upon receipt of a Campus Security Authority (CSA) report of a Clery crime on Clery
Geography, a Timely Warning analysis shall be completed and documented by the Clery
Director. The Clery Director shall have authority to delegate this responsibility as
appropriate. It is not necessary to document the completed Timely Warning analysis for
referrals to disciplinary action.
• If it is determined that the report includes a Clery crime on Clery Geography, the Clery
Director and Chief of Police (or management designee) will confer to analyze the known
pertinent facts to determine whether they constitute a serious or ongoing threat to the
Campus community. The unavailability of the Clery Director shall not unduly delay the
issuance of a Timely Warning.
• If a CSA report includes 1) a Clery crime 2) on Clery Geography and 3) a discernible serious
or ongoing threat, a timely warning as described below shall be issued expeditiously.
• In the absence of any of these three elements, no timely warning will be issued.
• The Chief of Police (or the management designee) shall have ultimate authority and
responsibility for determining whether to issue a Timely Warning.
Each reported incident must be analyzed on a case-by-case basis. All known factors shall be
considered in the case-by-case analysis to determine whether a timely warning should be issued.
No single factor should govern the decision regarding the issuance of a timely warning. Campuses
are prohibited from circumventing a case-by-case analysis by issuing a blanket rule that timely
warnings will be issued for all reports of any given Clery reportable crime. Requests from an
25
outside law enforcement agency to refrain from issuing a timely warning is insufficient grounds on
its own for not issuing or delaying the issuing of a timely warning, unless the Chief of Police
concurs that by issuing a timely warning, an identified risk can be articulated that would
compromise the law enforcement efforts of the outside agency investigating the crime to gather
evidence and/or apprehend suspect(s).
The case-by-case analysis will involve reviewing relevant factors including, but not limited to, the
following, if known:
• The timing of the report: shortly after the occurrence of the crime vs. days or weeks after
the occurrence of the crime, i.e., a "cold report"
• Physical injury to the victim
• Use of weapons
• Forced entry used and/or tools used in commission of the crime
• A suspect arrested or incapacitated by injury
• A suspect that is identified or otherwise can be located by law enforcement
• A suspect that is out of the area
• A victim who fears for their safety from the suspect
• A clear modus operandi and/or pre-planning indicated
• Multiple suspect(s) involved
• A pattern of similar crimes established
• The possible risk of compromising law enforcement efforts, such as to gather evidence
and/or apprehend suspect(s), if a warning was issued
Additional Considerations
The Clery Director (or management designee) shall notify the Campus president, as soon as
practicable, that a timely warning will be or has been issued.
The Chief of Police (or management designee) is responsible for collaborating with surrounding
law enforcement agencies to encourage them to share information with University Police
Department (UPD) about crimes reported to local law enforcement that occur in Clery Geography.
Nothing in this policy precludes Campuses from maintaining a Campus policy about informing, re-
publicizing and/or sharing with the Campus community crimes or other informational notices,
(e.g., traffic advisories, events, prevention information) the Campus deems may be of interest to
the Campus community. Such a policy is separate and distinct from the Timely Warning Policy.
Such notices must differ in appearance or be distributed in a manner that assures that members of
the community understand such notices are different from a timely warning notification required
by the Clery Act; members of the Campus community should not be misled to believe such notices
are timely warnings.
Contents of a Timely Warning
When a timely warning is issued it shall be entitled "Timely Warning Crime Bulletin" and contain
the following:
• A statement that reads, "This Timely Warning Bulletin is being issued in compliance with
the Jeanne Clery Act and the purpose is to provide preventative information to the Campus
community to aid members from becoming the victim of a similar crime."
26
• Identify the Clery reportable crime that occurred (i.e., rape, burglary, motor vehicle theft,
arson, etc.)
• The date, time, and location the crime occurred
• The date the Timely Warning Bulletin is issued
• Description of the suspect when deemed appropriate, and if there is sufficient detail. Only
include a description of the suspect when the descriptors provided by the reporting party
could reasonably lead to conclusive identification of the perpetrator(s)
• At least three preventative tips or points of information specifically related to the
circumstances of the crime which occurred that could help others from becoming the
victim of a similar crime
• The phone number of UPD and a statement encouraging community members to report all
information about crimes to UPD
• If appropriate, the phone number of support services
The Timely Warning shall not include, under any circumstances, the name of the victim, or
information so specific (i.e., specific address or dorm room number or floor) that would or likely
could identify the victim of the crimes of Sexual Violence, Rape, Dating Violence, Domestic
Violence, or Stalking. Timely Warning Bulletins should use gender-inclusive and culturally
appropriate language and avoid victim blaming and bias language.
Methods of Distribution
Timely warnings will be distributed as quickly as possible in a manner that will likely reach the
entire Campus community. The Office of Communications is responsible for the transmission of
the notification. Distribution methods vary and include, but are not limited to, any of the
following:
• All employee and student email distribution
• University website
• Public area video display monitors
• Hard copies posted on Campus building entrance doors
• Press Release
This list is not intended to be exhaustive or intended to prioritize the method of distribution. The
Chief of Police will confer with the Clery Director (or management designee), if available, to
determine the most appropriate method(s) to distribute a Timely Warning. In the absence of the
Clery Director (or management designee), the Chief of Police will determine the appropriate
method of distribution. Campuses are required to maintain a list of the methods of distribution for
timely warnings and include said list in the Campus's Annual Security Report.
Emergency Notification Policy
(For students attending classes at MSJC TVC- see Appendix D for Emergency Notification Policy)
This policy describes the procedures that will be used to immediately notify the Campus
community upon the confirmation of a significant emergency or dangerous situation involving an
immediate threat to the health or safety of students and/or employees occurring on the Campus,
as required by the Clery Act.
Any member of the Campus community with information believed to constitute a significant
emergency or a dangerous situation that poses an imminent or immediate threat shall report the
27
information to University Police Department (UPD) and/or by calling "911." Examples include, but
are not limited to, the following types of incidents:
• Severe weather warning (e.g., flash flooding, tsunami, hurricane, etc.)
• Environmental emergency within an on-campus facility (e.g., hazardous chemical spill, fire,
earthquake, building collapse)
• Criminal activity with an imminent threat to Campus community (e.g., active shooter,
murder, fleeing suspect with a weapon)
• Public Health Emergency (e.g., measles outbreak, swine flu outbreak, etc.)
Once UPD has received the report, the Chief of Police (or management designee) will, without
delay and taking into account the safety of the community, confer with any appropriate public
official (e.g., fire chief, health department) and any Campus officials responsible for managing the
on-campus emergency, if available, to confirm both: 1) a legitimate emergency or dangerous
situation exists impacting on-Campus geography; and 2) the emergency or dangerous situation
poses an immediate or imminent threat to members of the on-campus community. This
confirmation process may include, but is not limited to, visual observation, officer investigation,
the assistance of key Campus administrators, local or Campus first responders, and/or official
government reporting through agencies such as the National Weather Service.
If both of the above factors are not met, no emergency notification is required. If it is determined
that both of the above factors are met, then an emergency notification as described below shall be
issued. The Chief of Police (or management designee) will confer with the Clery Director, if
available, to prepare the content of the notification and determine which members of the Campus
community are threatened and need to be notified. The content of the message will be developed
based on a careful but swift analysis of the most critical facts.
Once the notification is prepared, the Chief of Police and/or the Clery Director (or their
management designees) will, without delay and taking into account the safety of the community,
transmit the emergency notification unless doing so would delay the ability to mitigate and/or
contain the emergency, including the ability to provide immediate, life saving measures. If an
emergency notification is issued, a timely warning is not required for the same incident.
Contents of the Emergency Notification
The emergency notification shall contain the following information:
• A statement as to what the emergency or dangerous situation is, in specific terms (e.g.,
chemical spill, active shooter, building fire)
• A statement providing direction as to what actions the receiver of the message should take
to ensure their own safety
• A statement as to where or when additional information may be obtained
The Chief of Police and/or Clery Director (or management designees) will provide updates to the
emergency notification with pertinent updates or direction to persons for their safety when new
information becomes available. Updates will be provided in regular intervals until the emergency
has been mitigated or no longer poses an imminent threat, e.g., fire is out, and building has re-
opened.
28
Methods of Distribution
Emergency Notifications will be distributed as quickly as possible in a manner that will likely reach
the segment(s) of the on-campus community threatened by the emergency. Segmentation will be
considered by the Chief of Police (or management designee) by evaluating which persons are
likely to be at risk based on the circumstances at the time and notifying those persons.
Segmentation should not be considered if making this determination would delay issuing the
emergency notification.
The Chief of Police will determine if notification to the larger community is appropriate. Public
alerts may be employed using the Emergency Alert System (EAS), local radio, television and press
organizations and other groups to notify the public of incidents, or enlist the aid of the public,
when the exchange of information may enhance the safety of the community. Various types of
alerts may be available based upon each situation and the alert system’s individual criteria. These
communications will be sent in coordination with local, county and state emergency services
agencies.
Distribution methods, including distribution to the larger community, vary from Campus to
Campus and depending on the nature of the emergency, may include:
• A Campus mass notification system, including but not limited to phone, Campus email, or
text messaging. Systems should provide currently enrolled students, faculty and staff the
ability to adjust their subscription preferences to select multiple contact methods from text
messages, emails and phone calls, or if desired, to 'opt out' of the service and not receive
any notifications
• Audio/visual message boards
• Audible alarms/sirens
• Campus public address systems
• In person or door-to-door notifications in a building or residence halls
• Local media
• Social media
• Other means appropriate under the circumstances, which campuses shall disclose in their
ASRs as applicable.
Testing and Evacuation System
Testing of the Emergency Notification System and evacuation will be done at least once annually.
The Tests may be announced or unannounced. Tests must be scheduled, contain drills, exercises
and appropriate follow-through activities, and be designed for assessment and evaluations of
emergency plans and capabilities. However, the campus emergency response and evacuation
procedures will be publicized in conjunction with at least one test per calendar year. Each Test will
be documented to include a description of the exercise, the date of the Test, the start and end
times of the Test, and whether the Test was announced or unannounced. The California State
University Emergency Management policy describes these Tests and defines responsibility for
their completion. A copy of the documentation will be provided to the Clery Director.
Text, Cellular and Email Alert
If you are a current Cal State San Marcos faculty, staff, or student, you are automatically registered
in the Emergency Notification System utilizing your current contact information within the
University PeopleSoft System. We strongly encourage everyone to please review and confirm that
your contact information within PeopleSoft is up to date. It is important that you include a cell
29
phone number in your MyCSUSM profile (must be listed as a mobile phone). Most people carry
cell phones, which gives them the ability to quickly receive emergency alerts anywhere on
campus.
During an emergency, alert messages are sent to registered cell phones via text message, cellular
calls, registered home phones, and email addresses (note all campus email addresses are
automatically registered). Please listen and/or read the alert and follow the recommended action.
If you prefer to not be included in the text, cellular and email portion of the Emergency Notification
System, you may opt out your personal contact information. If you choose to opt out, you will not
receive first response notifications via your personal email and personal phone numbers (cellular
phone, text, home phone). Campus email addresses will continue to receive emergency
notifications.
Opting In/Out of the Emergency Notification System
• Opt Out - Forms/ Electronic Submissions
• Opt In (
if you are not a current CSUSM Student, Employee or individual with a
@csusm.edu email account to receive emergency notifications)
If you are a family member or business that currently receives alerts, or you would like to
sign up, please do the following:
• Individuals: Text csusmfamily to 226787
• Businesses: Text csusmvendors to 226787
Message and data rates may apply. Text messages are sent on an as-needed basis. This
service is provided per the Terms of Use and Privacy Policy. Text STOP to 226787 to cancel
or HELP for tech support.”
The information can be found at: https://www.csusm.edu/em/
Security of and Access to Campus Facilities, and Security Considerations for the
Maintenance of Campus Facilities
(For students attending classes at MSJC TVC- see Appendix D for the applicable policy)
Academic and Administrative Buildings
Most CSUSM buildings and facilities are open to the public during the day and evening hours
when classes are in session. During those times that the University is officially closed, buildings
are locked and only faculty, staff and students with proper authorization are permitted access.
Many campus buildings are equipped with an “access control system” (card key access) where
door contacts are electronically connected to the University Police Department (UPD). In addition,
many offices, labs, and computer rooms have alarm systems. Facilities Development and
Management (FDM) manages the campus key and card access systems and is responsible for
authorizing and distributing campus keys and access cards. All keys or access cards issued by the
campus remain the property of CSUSM and the State of California. Prior to separation from
university employment, or any other activity for which key or card access is granted, all such items
must be returned in compliance with campus procedures. In addition, CSUSM uses video cameras
in accordance with the CSU Systemwide Video Security Cameras Policy, for the purpose of
enhancing security, safety and aiding law enforcement.
30
Security Considerations in the Maintenance of Campus Facilities
CSUSM is always working to improve the security of campus through environmental design. Careful
consideration is given to lighting, landscape and building maintenance in the furtherance of campus
safety. Representatives from UPD, FDM, Safety Health & Sustainability and Integrated Risk
Management are frequently involved in the planning committees for new buildings and major
renovations to ensure maximum security. The Facility Services electric shop performs lighting
preventative maintenance for all external lighting monthly. The building maintenance shop does
monthly building rounds to identify interior lighting issues, building egress issues, and other related
safety inspections. The lock shop performs preventative maintenance to all main entry doors for
proper operation as well as verify that card and key access is working properly. Community Service
Officers perform monthly checks to ensure the proper working of alarms, blue e-poles, light fixtures,
door locks, etc. All repairs are the responsibility of FDM who responds to reports of potential safety
and security hazards, such as broken windows, locks and lighting problems. To report a potential
hazard, call FDM during business hours at (760) 750-4601 or submit a customer request online
https://www.csusm.edu/facilities/requestservices/index.html.
After hours, call UPD at (760) 750-4567.
Residential Buildings
University Village Apartments, the QUAD Apartments, North Commons and Block C, are on
campus residential facilities. Housing facilities are gated and secured using a card access system.
It is a violation of housing policy to prop open doors or gates at any time. Use of residence
facilities is limited to residents and accompanied guests. Residence halls are routinely patrolled by
University Police Officers and Community Service Officers. Additionally, security is supplemented
by live-in Resident Advisors and Resident Directors.
Door-to-door solicitation is prohibited in CSUSM Housing. Student residents are encouraged to
report the presence of such persons to housing staff and/or the University Police Department.
Residents are also advised to keep their bedroom and apartment doors locked and windows
secured at all times.
Housing policy requires that residents report any unsafe conditions or behaviors that threaten the
safety or security of the housing community. Any failure to abide by housing security procedures
can be pursued through the housing conduct process. To further enhance security, housing policy
provides that students are required to carry their CSUSM student ID (identification credential within
the CSUSM app) & UVA/QUAD/North Commons/Block C and key, access card, or key fob at all times
and to present their student ID when requested by University personnel, including but not limited to
staff members of the University and/or Housing and Residential Education. Access cards are not
transferrable, and students cannot lend, sell, or give the card to others. Failure to comply is grounds
for referral to the housing and/or university student conduct process. See the Resident Handbook
for housing policies and housing conduct process.
Housing maintenance staff are responsible for all safety and key/lock issues in the UVA/ QUAD/North
Commons/Block C. Housing related concerns can be reported to a Housing and Residential
Education staff member by calling the front desk during business hours, calling the resident
assistant (RA) on duty after business hours or by submitting a work order through the Housing Portal
https://www.csusm.edu/housing/curresidents/index.html.
University Village Apartments (UVA)
Service Desk: 760-750-3800
Resident Advisor on duty: 760-750-6400
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The QUAD
Service Desk: 760-750-3730
Resident Advisor on duty: 760-750-3733
North Commons
Service Desk: 760-750-8310
Resident Advisor on duty: 760-891-9825
Block C
Contact QUAD Service Desk: 760-750-3730
Contact QUAD Resident Advisor on duty: 760-750-3733
Student Housing Policy on ID and Key Cards:
A. University Identification: University identification may only be used by the student
whose name appears on the identification credential. Any alteration or unauthorized use
of University identification is prohibited. Misuse of CSUSM identification credentials is
subject to disciplinary action or possible referral to law enforcement. The University
reserves the right to confiscate any fraudulent or duplicate CSUSM identification
credential.
B. Other Identification Cards: Possession of an identification card that bears another
person’s likeness or contains false demographic information is prohibited. This includes
all blank, forged, stolen, borrowed, fictitious, counterfeit, or unlawfully issued driver’s
license or identification cards. Identification cards meeting any of these criteria will be
confiscated where students are found in possession of them and will be turned into the
Dean of Students Office and/or the University Police as evidence of misuse and policy
violation.
C. Creating Identification Cards: Making or possessing instruments and/or materials for
counterfeiting of University identification credentials, driver’s licenses or any of other
forms of identification is prohibited.
D. UVA/QUAD/North Commons/Block C Keys, Access Cards or Key Fobs: Possession of a
UVA/QUAD/North Commons/Block C key, access card, or key fob that was not issued
directly to the individual student is a policy violation. Any student found in possession
of a key, access card or key fob that is not their own will be subject to the housing or
University conduct process and the key, access card, or key fob will be confiscated.
Systemwide Law Enforcement Policy, Law Enforcement Authority
Persons employed and compensated as members of a California State University police
department, when so appointed and duly sworn, are peace officers. However, such peace officers
shall not exercise their powers or authority
2
except (a) at the headquarters or upon any campus of
the California State University and in an area within one mile of the exterior boundaries of each
campus or the headquarters, and in or about other grounds or properties owned, operated,
2
Including the authority to make arrests
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controlled, or administered by the California State University, or by trustees or the state on behalf
of the California State University, and (b) as provided in Section 830.2 of the Penal Code.
The arrest authority outside the jurisdiction of the CSU Police Department includes (Penal Code §
830.2(c); Penal Code § 836):
a. When the officer has probable cause to believe the person committed a felony.
b. When the officer has probable cause to believe the person has committed a misdemeanor
in the presence of the officer and the officer reasonably believes there is immediate danger
to person or property or of escape.
c. When the officer has probable cause to believe the person has committed a misdemeanor
for which an arrest is authorized even if not committed in the presence of the officer such
as certain domestic violence offenses and there is immediate danger to person or property
or of escape or the arrest is mandated by statute.
d. When authorized by a cross jurisdictional agreement with the jurisdiction in which the
arrest is made.
e. In compliance with an arrest warrant.
On duty arrests will not generally be made outside the jurisdiction of this department except in
cases of hot or fresh pursuit, while following up on crimes committed within the State, or while
assisting another agency.
On duty officers who discover criminal activity outside the jurisdiction of the State should when
circumstances permit, consider contacting the agency having primary jurisdiction before
attempting an arrest.
California State University San Marcos encourages accurate and prompt reporting of crime. All
members of the Campus community are encouraged to promptly contact the UPD and/or other
appropriate police agencies when they have been the victim of, or have witnessed criminal
actions, including when the victim of crime elects to or is unable to make such a report.
CSUSM UPD and the San Diego County Sheriff’s Department have entered into an agreement
that outlines operational responsibility of each agency as follows. CSUSM UPD shall be the
primary reporting and investigating law enforcement agency for all crimes reported on
university properties that are leased, owned, controlled, or operated by the University inside
the city limits of San Marcos, with the exception of willful homicides and officer-involved
shootings, which will be investigated by the San Diego County Sheriff’s Department.
Traffic collisions where the initial “area of impact” occurred on university roadways will be
investigated by the UPD. Traffic collisions where the initial “area of impact” occurred on streets
maintained by the City of San Marcos will be investigated by the San Diego County Sheriff’s
Department.
The San Diego County Sheriff’s Department will be the lead investigative agency when a
criminal investigation requires the use of specialized equipment/tools, resources, and/or
expertise that in the opinion of the UPD Chief of Police (or designee) is beyond the capability of
the UPD to investigate. However, as a professional courtesy, the Sheriff’s Department shall
keep the UPD informed of the progress of said investigation. Both agencies will continue to
provide assistance or mutual aid as necessary and when requested.
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All landline 9-1-1 calls from ancillary locations will be received by the UPD. To the extent
technologically possible, cellular 9-1-1 calls coming from 200-240 East Barham Road (Quad
Apartments), 288 Campus Way (Extended Learning Building) and 295 June Way (Parking
Structure II), 190 E. Barham Drive (North Commons) are programmed to be received by the
UPD Public Safety Answering Point (PSAP). Misrouted cellular 9-1-1 calls from 200-240 East
Barham Road will be redirected to the UPD as soon as possible, when appropriate.
Security Awareness and Crime Prevention Programs
Members of the CSUSM community must take responsibility for their own personal safety, the
safety of others, and their property (when possible), as they do when away from the
University. Members of the community are strongly encouraged and reminded by the University
Police Department throughout the year to:
• Promptly report all crimes and suspicious persons or activity to the UPD
• Always be aware of your personal safety and surroundings.
• Never leave your property unattended, lock bicycles, lock doors and windows to your car,
office, and residence.
• Always double check your doors and windows to ensure they are completely closed and
locked before you go to sleep or leave your room or residence.
• Keep all valuables with you or leave them at home.
• Walk on well-traveled pathways and in well-lit and populated areas. Walk with friends or
groups when possible.
• Call UPD to request a safety escort if you feel afraid or need to walk in isolated areas or at
times when areas are unpopulated or closed.
• Get to know people in and around your place of residence. Do not invite or let unknown
people into your residential building, nor go with them to an unfamiliar place. If you know
someone by their first name only or met them on the internet, consider them a stranger.
• Keep a list of serial numbers and description of your property and provide it to the UPD in
the event your property is stolen.
• Use the internet wisely and never send money or provide personal identifying information,
credit card information or bank information to someone you do not know or to a company
or person you did not initiate contact with on your own.
• Use good bicycle theft prevention measures, use a combo, or flat key u-lock. Most cable
locks can be easily cut. Lock both the front and rear wheels when possible and make sure
to put your lock(s) through a closed part of the bike frame. Wheels can be easily taken
off. Register your bike with the UPD.
The University Police Department offers crime prevention programs to inform students and
employees about the prevention of crimes. In addition to these programs, services of UPD
include:
CRIME MAPPING:
Crime mapping is an interactive tool that allows our community to access incidents and crime
data via the internet. This further enhances and promotes transparency and accountability
while building trust and engagement with our campus community. We hope by increasing
community awareness of crime trends this will lead to a collaborative effort with law
enforcement to reduce crime.
CSUSM Crime Mapping and the Media Bulletin are available online.
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More information about crimes in the City of San Marcos and San Diego County are available
through the San Diego County Sheriff's Department.
DAILY CRIME LOG:
In compliance with the Clery Act and the Jeanne Clery Disclosure of Campus Security Policy
and Campus Crime Statistics Act (EO 1107), UPD maintains a Crime Log. The purpose of the
Crime Log is to record all criminal incidents and alleged criminal incidents that are reported to
the campus police. The Crime Log includes specific information about criminal incidents, not
crime statistics, and is not an all-inclusive police activity report. The Crime Log includes the
following five informational items:
• Date reported
• Nature
• Case #
• Date occurred
• Location
• Disposition
Information that may likely jeopardize an ongoing criminal investigation or the safety of an
individual, cause a suspect to flee or evade detection, or result in the destruction of evidence, will
be temporarily withheld from this report until the above referenced is no longer likely to occur from
the release of this information. Crimes for which the disclosure is prohibited by law or the
disclosure would jeopardize the confidentiality of the victim are not included.
The Crime Log is open to public inspection, free of charge, upon request, during normal business
hours at the University Police Department.
SAFETY ESCORTS:
Need a buddy while you walk on campus? Community Service Officers (CSOs) will
safely escort you to and from any campus building, parking lot, or residence hall. Call 760-750-
4567 to arrange for an escort, or request through the CSUSM app under "Wellness."
P.A.C.E (Policing and Active Community Management):
Policing and Community Engagement office is responsible for partnering with the community to
address concerns, collaborate on solutions, and create educational programs and events to help
build better relationships with campus partners and community members. P.A.C.E. provides the
following services free of charge:
• Student/Staff/Faculty safety training
• Active Shooter
• Work Place Safety
• Personal Safety
• Emergency Preparedness (in collaboration with the Emergency Manager)
• Alcohol awareness education
• Student organization event collaboration
If you would like P.A.C.E. to support your event or provide training please
contact [email protected].
PERSONAL SAFETY WORKSHOP:
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The University Police Department offers self-defense courses for students, faculty, staff and
community members. In this course, participants will learn how to increase personal safety and
situational awareness including basic self-defense tactics. If you have a question about this
training, contact poli[email protected].
ACTIVE SHOOTER TRAINING:
In the case of an active shooter incident on campus, remember these quick words of advice: Run,
Hide, Fight.
More on these tactics, emergency alerts, and exercises can be found at: Emergency Alert
Resources.
Security Awareness Programs
CSUSM provides campuswide and audience specific outreach and programs presented by
UPD, Title IX, Dean of Students Office, Student Health & Counseling Services, H.O.P.E. &
Wellness Center, and many others. Campus educational programming for both students,
faculty and staff is comprehensive and intentional, integrating programming initiatives,
strategies and campaigns intended to inform the campus community about safety procedures
and ways to prevent crime.
See Appendices B and C for the full listing of crime prevention programs and campaigns offered at
both the San Marcos and CSUSM Temecula campuses in 2023 and ongoing programs offered
during the academic year.
ORIENTATION AND NEW STUDENT PROGRAMS
The New Student and Family Programs (NSFP) department is part of the Dean of Students
Office. Here new students may obtain all the guidance and information necessary to begin
their college experience at CSUSM. An initial full-day orientation is provided prior to the start
of school with continuous new student-oriented programming throughout the year. Orientation
and follow-up programming topics include, without limitation, information concerning safety
and security on campus, alcohol policies, health and counseling, sexual violence
prevention/education, general crime prevention, safety escorts, and police services.
SEXUAL VIOLENCE & ALCOHOL AN DRUG PREVENTION TRAINING
In compliance with the CSU Policy Prohibiting Discrimination, Harassment, Sexual Misconduct,
Sexual Exploitation, Dating Violence, Domestic Violence, Stalking and Retaliation (formerly
Executive Order 1095), all students are required to complete online sexual violence prevention
training.
• First time freshman only are mandated to complete BOTH Not Anymore: Sexual Violence
Prevention and Not Anymore: Alcohol and Other Drugs trainings.
• All continuing students must complete the annually assigned refresher training.
• Transfer Students must complete the annually assigned training.
Please Note: Failure to compete trainings by the deadline listed in the email will result in a
registration hold for the following semester(s).
CSUSM HOUSING
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Student Housing has prepared and published a Resident Handbook containing valuable
information regarding student housing policies, rules, regulations, and safety tips. Throughout
the academic year, the Student Housing staff provides an array of safety-related programs
designed to make the residential life experience safe and crime-free including a mandatory
sexual violence prevention and bystander intervention program during move in weekend, and
passive and active fire safety and other security awareness programming through out the year.
PREVENTION OF WORKPLACE VIOLENCE
The Workplace Violence Prevention Plan, in compliance with California Labor Code Sections
6401.7 and 6401.9. CCP Section 527.8, Senate Bill 553, California Code of Regulations Title 8
section 3203, and California State University Environmental Health and Safety Policy (EO 1039),
establishes procedures to minimize the threat of violence in the workplace and provides guidelines
for responding promptly and effectively to workplace violence. The Workplace Violence
Prevention Plan (WVPP) applies to all members of the University community-including faculty,
staff, students, volunteers, contractors, vendors, guests, and visitors-only to the extent they are
involved in any act or threat of violence in a CSUSM worksite that occurs on University property or
when engaged in university academic, business, or co-curricular programs and activities, whether
the worksite on which the workplace violence occurs is on or off-campus. All employees,
including managers, are required to have training and instruction on this plan. Training and
instruction about this plan are provided: to all employees annually, whenever new or previously
unrecognized workplace violence hazards have been identified, or when changes are made to this
plan.
WOMEN AND GENDER EQUITY CENTER (WGEC)
The Women and Gender Equity Center (WGEC) is an inclusive space that promotes positive
interactions in a diverse environment. The WGEC strives to provide a space that celebrates and
affirms students of all gender identities and expressions. The WGEC provides ongoing
programming and discussions regarding women’s issues, feminism, men and masculinity,
Trans issues, gender identity and expression, gender and race, class, sexuality and culture,
gender and popular culture, domestic violence and sexual assault awareness and prevention,
social justice, diversity and inclusion, and positive body image.
STUDENT HEALTH & COUNSELING SERVICES: H.O.P.E. AND WELLNESS CENTER
The H.O.P.E. and Wellness Center provides health education to students through outreach and
programming offered on an ongoing basis and includes topics such as alcohol and drugs,
mental health, sexual violence, and stress management.
Monitoring and Recording Crime Activity at Noncampus Locations of Student
Organizations
CSUSM does not actively patrol or otherwise monitor crime activity at noncampus locations of
its recognized student organizations.
The institution sends letters to collect information about crimes reported to the law
enforcement agency with jurisdiction over noncampus locations that are controlled
intermittently or on an occasional basis, and discloses the information obtained in its crime
statistics.  For crimes occurring at off-campus locations, the law enforcement agency with
jurisdiction in that area should be contacted.
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Possession, Use, Sale and Enforcement of Federal and State Alcohol and Drug laws
Pursuant to the Federal Drug-Free Workplace Act of 1988 and the Federal Drug-Free Schools and
Communities Act (DFSCA) of 1989, California State University San Marcos is a drug-free
workplace and learning community. Any unlawful manufacture, sale or attempted sale,
distribution, dispensing, possession, or use of controlled substances by employees, students or
members of the campus community is prohibited on university property or at university functions
or activities.
In accordance with Federal Law and CSU Drug-Free Workplace policy (EO 930):
1. Except as expressly permitted by law or university regulations, the use,
possession, manufacture, and/or distribution of alcoholic beverages is prohibited while on
campus or at any CSUSM-related activity.
2. Public intoxication while on campus or at any university-related activity is prohibited.
3. The use, possession, manufacture, and/or distribution of illegal drugs or drug-related
paraphernalia, and the misuse of legal pharmaceutical drugs, are prohibited.
4. Marijuana remains a Schedule I drug under federal law. As a public university receiving
federal funds, CSUSM prohibits using or possessing marijuana on campus, regardless of
state laws.
Student responsibilities
All students are required to abide by university policies regarding use, possession, consumption,
distribution or presence of alcohol and other drugs in residence halls and university property.
Students are also to adhere to federal, state and local regulations regarding alcohol and other
drugs. Violation of campus policies may result in disciplinary sanctions.
Faculty/staff responsibilities
All employees must adhere to the university policies on drugs and alcohol. Violation of these
policies may result in disciplinary sanctions which may include termination.
CSUSM Drug and Alcohol Policies
• Drug Free Campus Policy: https://csusm.policystat.com/policy/7982747/latest/
• Alcohol Use on Campus Policy: https://csusm.policystat.com/policy/7981803/latest/
California State University San Marcos is committed to enforcing applicable State, local and/or
University regulations regarding the use of alcohol and other substances. The appropriate Vice
President and University Police will monitor compliance with Regulatory and Campus policies. All
groups (students, departments, colleges, divisions, auxiliaries and outside organizations) are
subject to the provisions of this policy. Disciplinary sanctions, including expulsion for students
and termination of employment for staff, may be imposed in cases of policy violations.
Additionally, individuals may be referred for prosecution as appropriate.
Local, state, and federal laws
There are numerous federal, state, and local statutes and ordinances relating to the manufacture,
distribution, dispensation, possession, or use of a controlled substance or alcohol. These statutes
38
impose legal sanctions for both felony and misdemeanor convictions related to violations of
applicable laws and ordinances. Detailed information regarding these statutes, which may change
over time, is available from the University Police Department.
Scheduled drugs considered to be controlled substances are listed in Schedules I through V of the
Controlled Substances Act (21 U.S.C. 812) and are further defined by regulations 21 CFR 1308.11
through 1308.15. Copies of the Act and regulations are available for review at
https://www.ecfr.gov/current/title-21 for the federal law and
at https://leginfo.legislature.ca.gov/faces/home.xhtml for the California law.
According to Federal and/or State Laws:
1. The manufacture, sale, or distribution of most scheduled drugs is a felony (marijuana has
special rules discussed below), which could result in serving time in prison; simple
possession of controlled substances can be punished by civil fines of up to $10,000 per
violation and a jail sentence.
2. Distribution or possession with the intent to distribute a controlled substance on university
property requires a sentence up to twice the prescribed sentence for the original offense,
and twice the prescribed parole time.
3. The possession for sale or sale of marijuana is a misdemeanor or felony, depending on the
amount sold and the age of the purchaser. The cultivation of over six plants is a
misdemeanor, which could result in six months in jail and a fine of $500.00. Only persons
over 21 can grow up to six marijuana plants.
4. Possession of one ounce or more of marijuana is a misdemeanor, which could include
payment of a fine or serving time in jail; possession of less than one ounce under the age
of 18 years for personal use is a misdemeanor, which could include a fine up to $250.00.
5. It is a misdemeanor to sell, furnish, give, or cause to be sold, furnished or given away, any
alcoholic beverage to a person under 21 or any obviously intoxicated person, and no one
under 21 may purchase alcoholic beverages.
6. It is unlawful for any person under 21 to possess alcoholic beverages on any street or
highway or in any place open to public view.
CSUSM prohibits the use, possession or sale of marijuana on campus property, including
residential facilities. All CSU campuses are held to two federal laws: the Drug-Free Schools and
Community Act and the Drug-Free Workplace Act, which require the university to prohibit all
illegal drugs in order to receive federal funding (financial aid, work study, and federal grants).
Marijuana is still illegal under Federal law. Thus, the use and possession of marijuana in any form
or amount violates the CSU San Marcos Drug-Free Campus Policy and the CSU Student Conduct
Code. The California Compassionate Use Act and Proposition 64 does not apply at the California
State University or CSU San Marcos. https://www.csusm.edu/dos/advocacy/polpro.html
Health Risks Associated With Substance Abuse
Alcohol misuse is described as alcohol consumption that puts individuals at increased risk for
adverse health and social consequences. It is defined as excess daily consumption (more than 4
drinks per day for men or more than 3 drinks per day for women), or excess total consumption
(more than 14 drinks per week for men or more than 7 drinks per week for women), or both.
(National Institute on Alcohol Abuse and Alcoholism here). Excessive alcohol use, including
underage drinking and binge drinking (for women, 4 or more drinks during a single occasion; for
men, 5 or more drinks during a single occasion), can lead to increased risk of health problems such
39
as injuries, violence, liver diseases, and cancer. The Centers for Disease Control and Prevention
(CDC) Alcohol Team here defines alcohol misuse as a pattern of drinking that results in harm to
one’s health, interpersonal relationships or ability to work. Excessive drinking includes heavy
drinking, binge drinking or both. Alcohol dependence, also known as alcohol addiction and
alcoholism, is a chronic disease and is associated with experiencing withdrawal symptoms, loss of
control, or alcohol tolerance.
Alcohol and substance misuse and substance use addiction result in a wide spectrum of extremely
serious health and behavioral problems, having both short-term and long-term effects on the body
and mind.
Alcohol misuse is a risk factor for several adverse health outcomes including:
• Unintentional injuries (e.g., motor vehicle accidents, falls)
• Violence (e.g., homicide, suicide)
• Liver disease
• Diseases of the central nervous system (e.g., stroke, dementia)
• Heart disease including coronary artery disease, atrial fibrillation (i.e., abnormal heart
rhythm), high blood pressure, and congestive heart failure
• Various cancers (e.g., breast, colorectal, and liver)
• Risky sexual behaviors and adverse pregnancy outcomes
Many substances, both illegal and legal, have the potential for misuse. Common examples include
cocaine, ecstasy, heroin, inhalants, marijuana, methamphetamine, PCP/Phencyclidine, and
prescription narcotics. The impacts of substance misuse on health problems include the risk of
dependence, addiction, overdose and death which can occur after first-time use.
Long-lasting health effects of substance misuse include:
• disruption of normal heart rhythm
• high blood pressure,
• leaks of blood vessels in the brain
• bleeding and destruction of brain cells
• permanent memory loss
• infertility
• impotency
• immune system impairment
• kidney failure
• cirrhosis of the liver
• pulmonary damage
• psychological problems.
Alcohol and substance misuse during pregnancy may result in fetal damage and birth defects
causing hyperactivity, neurological abnormalities, and developmental difficulties. In addition to the
problem of toxicity, contaminant poisoning often occurs with illegal drug use. HIV infection
associated with intravenous drug use is a prevalent hazard.
For additional information concerning health risks associated with alcohol and substance misuse,
please review the following below. Understanding these risks is essential for making informed
decisions about your well-being.
• Addiction and Health
• Alcohol Use and Your Health
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• NIH National Institute of Drug Abuse
• NIH National Institute on Alcohol Abuse and Alcoholism
• Student Health and Counseling Services
Resources and Support
CSUSM offers a range of programs to assist both employees and students facing challenges
related to drug and alcohol use. If you or someone you know needs help, please explore the
resources provided by the Substance Abuse and Mental Health Services Administration (SAMHSA)
National Helpline at 1-800-662-HELP (4357) or visit SAMHSA’s Behavioral Health Treatment
Services Locator here to get help.
For Students
Students who are seeking naloxone or fentanyl test strips, may request free Narcan and fentanyl
test strips at SHCS. Please complete the form here.
CSUSM students seeking assistance in stopping the use of marijuana and tobacco may make an
appointment at Student Health & Counseling Services by calling (760) 750-4915.
It is crucial to familiarize yourself with CSUSM policies and resources:
• CSUSM Drug-Free Campus Policy
• Alcohol Use on Campus Policy
• CSUSM Student Conduct
• Standards for Student Conduct
• CSUSM Housing and Residential Education Policies Handbook (alcohol policy violations
are detailed starting on page 25 and drug violations are outlined on page 27).
• FAQ page regarding smoke- and tobacco-free campus environment
For Faculty and Staff:
The Employee Assistance Program (EAP) is available to all employees and their families. EAP
provides confidential counseling and other services. Additionally, Student Health and Counseling
Services provides a variety of online health resources, including resources related to alcohol, drugs
and substance abuse.
Sexual Violence Prevention
The California State University (CSU) promotes a safe living, learning, and working environment
through systemwide policies and through a variety of campus educational programs provided to
students, faculty, and staff. The CSU prohibits dating violence, domestic violence, sexual
misconduct/sexual assault, sexual exploitation, and stalking, and provides programs to prevent,
educate, and promote awareness of these topics, in accordance with the CSU Policy Prohibiting
Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic
Violence, Stalking, and Retaliation (“Nondiscrimination Policy”). These prohibited behaviors are
also crimes as defined by 34 C.F.R. §668.46, and California criminal definitions.
The CSU provides comprehensive, intentional, and integrated programming, initiatives, strategies,
and campaigns intended to stop dating violence, domestic violence, sexual misconduct/sexual
assault, sexual exploitation, and stalking before they occur through the promotion of behaviors
that foster healthy relationships, encourage safe bystander intervention, and seek to change
behavior and social norms in healthy and safe directions.
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The CSU’s prevention programs and initiatives are sustained over time and focus on increasing
awareness and understanding of topics relevant to and skills for addressing dating violence,
domestic violence, sexual misconduct/sexual assault, sexual exploitation, and stalking, using a
range of strategies with audiences throughout the CSU community. This includes both
community-wide or audience-specific programming, initiatives, and strategies that increase
audience knowledge and share information and resources to prevent violence, reduce
perpetration, promote safety and a culture of respect.
Campus programs must include primary prevention and awareness training: (1) for all new
Students
3
; and new Employees; (2) refresher programs at least annually for all Students; (3) twice a
year for all Students who serve as advisors in residence halls; (4) annually for all Student members
of fraternities and sororities; (5) annually for all Student athletes and coaches; and (6) annually for
all Employees consistent with their role in responding to and reporting incidents. Ongoing
prevention and awareness campaigns for all Students and Employees will also be conducted. The
CSU system will provide online training for all Employees and each campus will provide online
training for all Students. All training must be consistent with the applicable CSU policy and state
and federal regulations.
Each campus must assess which student organizations participate in activities that may place
Students at risk and ensure that they receive annual supplemental training focused on situations
the group’s members may encounter.
To ensure that all Students receive the necessary information and training enumerated above on
dating violence, domestic violence, sexual misconduct/sexual assault, sexual exploitation, and
stalking, campuses should impose consequences such as registration holds on those Students
who do not participate in and complete such mandatory training.
Training for Employees
Training will be mandatory for all employees within six months of their initial hiring, and on an
annual basis thereafter. Such training will include, but not be limited to: what constitutes
discrimination, harassment, retaliation, sexual misconduct/sexual assault, dating and domestic
violence, sexual exploitation and stalking under applicable law; the rights and responsibilities of
each Employee relating to discrimination, harassment, retaliation, sexual misconduct/sexual
assault, dating and domestic violence, sexual exploitation and stalking including the duty to report
and exceptions; the protection against retaliation for Employees who report discrimination,
harassment, retaliation, sexual misconduct, dating and domestic violence, sexual exploitation and
stalking; the procedures provided under the CSU Nondiscrimination Policy for filing, investigating
and resolving a complaint; and the option and method for filing complaints with external
government agencies such as the Department of Fair Employment and Housing (DFEH) and the
Equal Employment Opportunity Commission (EEOC).
Under Cal. Govt. Code § 12950.1, each campus shall provide supervisory Employees at least two
hours of interactive sexual harassment training within six months of the Employee's assignment to
a supervisory position and every two years thereafter. Each campus shall maintain documentation
of the delivery and completion of these trainings. For detailed guidance regarding the definition of
3
This includes incoming transfer, graduate, online, and extended education Students. The
programs should occur no later than the first few weeks of the semester.
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"supervisor" and the implementation of this training, campuses shall consult Coded Memoranda
HR 2005-35 and other applicable policies.
Prevention and Awareness Programming
California State University campuses provide primary prevention programs to all incoming
students and new employees. California State University campuses provide ongoing prevention
programs to all students and employees during their time at the institution. To comply with CSU
Policy and 34 C.F.R. §668.46., campus-specific programs to prevent dating violence, domestic
violence, sexual misconduct/sexual assault, sexual exploitation, and stalking will include:
1. A statement that the CSU prohibits dating violence, domestic violence, sexual
misconduct/sexual assault, sexual exploitation, and stalking as defined under CSU policy
and 34 C.F.R. §668.46.
2. The definitions of “dating violence,” “domestic violence,” “sexual assault,” and “stalking”
in the applicable jurisdiction, California (California Penal Code) and the definitions under
CSU policy (to also include the CSU policy definition of “sexual exploitation”).
3. The definition of “consent,” in reference to sexual activity, in the applicable jurisdiction,
California (California Penal Code), and the definition of “affirmative consent” under CSU
policy.
4. Common facts and myths about the causes of sexual misconduct/sexual assault.
5. A description of safe and positive options for bystander intervention, as exemplified below.
6. Information on risk reduction, exemplified below.
7. Information regarding campus, criminal, and civil consequences of engaging in acts of
sexual misconduct/sexual assault, sexual exploitation, dating and domestic violence, and
stalking.
8. Information about reporting, adjudication, and disciplinary procedures as required by 34
C.F.R. §668.46 and as described in the procedures under the CSU Nondiscrimination Policy.
Information About Campus Reporting, Adjudication, and Discipline Procedures
Campus training programs will reference the procedures outlined in the CSU Nondiscrimination
Policy that victims/survivors may follow if an incident of dating violence, domestic violence, sexual
misconduct/sexual assault, sexual exploitation, or stalking has occurred. Training programs will
also reference information about preserving evidence, reporting to the appropriate authorities,
confidentiality options, available protective and supportive measures.
Campuses apply the relevant CSU policy and procedures when responding to all reports of dating
violence, domestic violence, sexual misconduct/sexual assault, sexual exploitation, or stalking.
Campuses shall establish processes to provide a print and/or digital copy of the "Rights and
Options for Victims” as outlined in the CSU Nondiscrimination Policy to any community member
who reports experiencing such harm, regardless of whether the incident occurred on or off
campus.
Campus training programs regarding the procedures for reporting and addressing reports of
dating violence, domestic violence, sexual misconduct/sexual assault, sexual exploitation, and
stalking will include the following:
• A statement explaining that the campus' primary concern is the safety of members of
the campus community; that the use of alcohol or drugs never makes the
victim/survivor at fault for sexual misconduct/sexual assault, sexual exploitation, dating
43
or domestic violence, or stalking; that Students who experience or witness sexual
misconduct/sexual assault, sexual exploitation, dating or domestic violence, or stalking
should not be deterred from reporting incidents out of a concern that they might be
disciplined for related violations of drug, alcohol, or other CSU policies; and that
Students who experience or witness sexual misconduct/sexual assault, sexual
exploitation, dating or domestic violence, or stalking shall not be subject to discipline
for related violations of conduct policies at or near the time of the misconduct unless
the violation is egregious (including actions that place the health or safety of any other
person at risk or involves plagiarism, cheating, or academic dishonesty.)
• A statement that "CSU policy prohibits retaliation against a person who: reports sex
discrimination, sexual harassment, sexual misconduct/sexual assault, sexual
exploitation, dating or domestic violence, or stalking; assists someone with a report of
such conduct; or participates in any manner in a related investigation or resolution.
• Retaliation means that a substantial motivating reason for an Adverse Action taken
against a person was because the person has or is believed to have:
o Exercised their rights under this policy,
o Reported or opposed conduct which was reasonably and in good faith believed
to be in violation of this policy,
o Assisted or participated in an investigation/proceeding under this policy,
regardless of whether the Complaint was substantiated,
o Assisted someone in reporting or opposing a violation of this policy or assisted
someone in reporting or opposing Retaliation under this policy.
o Adverse Action means an action engaged in by the Respondent that has a
substantial and material adverse effect on the Complainant's ability to
participate in a university program, activity, or employment. Minor or trivial
actions or conduct not reasonably likely to do more than anger or upset a
Complainant does not constitute an Adverse Action.
o Retaliation may occur whether or not there is a power or authority differential
between the individuals involved.
• What someone should do if they have experienced or witnessed sexual
misconduct/sexual assault, sexual exploitation, dating or domestic violence, or stalking.
• Individuals to whom incidents may be reported along with information regarding what
degree of confidentiality may be maintained by those individuals.
• The availability of, and contact information for, campus and community resources for
victims/survivors of sexual misconduct/sexual assault, sexual exploitation, dating or
domestic violence, or stalking.
• A description of campus and systemwide policies and disciplinary procedures available
for addressing alleged violations and the consequences of violating these policies,
including the fact that such proceedings shall:
o Provide a prompt, fair, and impartial investigation and resolution; and,
o Be conducted by officials who receive annual training on issues related to
sexual misconduct/sexual assault, sexual exploitation, dating or domestic
violence, or stalking and how to conduct an investigation and hearing process
that protects the safety of victims/survivors and promotes accountability.
44
• The fact that the Complainant and the Respondent will be afforded the same
opportunities to have others present during a disciplinary proceeding, including the
opportunity to be accompanied to any related meeting or proceeding by the Advisor of
their choice.
• The fact that both the Complainant and the Respondent shall be simultaneously
informed in writing of:
o The outcome of any disciplinary proceedings that arises from an allegation of a
sex discrimination, sexual harassment, sexual misconduct/sexual assault,
sexual exploitation, dating or domestic violence, or stalking.
o The CSU’s procedures for the Complainant or Respondent to appeal the results
of the disciplinary proceeding.
o Any change to the disciplinary results that occurs prior to the time such results
become final.
o When disciplinary results become final.
• Possible sanctions or remedies the campus may impose following the final
determination of a campus disciplinary procedure regarding sexual misconduct/sexual
assault, sexual exploitation, dating or domestic violence, or stalking.
• How the campus will protect the confidentiality of Complainants, including how
publicly available recordkeeping (e.g., campus Clery reports) will be accomplished
without the inclusion of identifying information about the Complainant to the extent
permissible by law.
• That all students and employees must receive wrien nocaon about exisng
counseling, health, mental health, vicm advocacy, legal assistance, visa and
immigraon assistance, student nancial aid, and other services available for
vicms/survivors, both on campus and in the community.
4
• That all students and employees who report being a vicm/survivor of sexual
misconduct/sexual assault, sexual exploitaon, dang or domesc violence, or stalking
must receive wrien nocaon of available assistance in, and how to request changing
academic, living, transportaon, and working situaons, if requested and if such
accommodaons are reasonably available, regardless of whether the vicm/survivor
chooses to report the incident to campus police or local law enforcement.
• Procedures victims/survivors are recommended to follow if sexual misconduct/sexual
assault, sexual exploitation, dating or domestic violence, or stalking has occurred, as
well as the fact that the following written information must be provided to victims:
o The importance of preserving evidence following an incident of sexual
misconduct/sexual assault, sexual exploitation, dating or domestic violence, or
stalking, which may also be used to obtain a temporary restraining or other
protective order.
o The name and contact information of the campus Employee(s) to whom the
alleged incident should be reported.
4
California State University San Marcos complies with this requirement by providing this
information to the campus community in writing each year through CSU Learn assignment.
45
o Reporting to law enforcement and campus authorities, including the option to:
(a) notify law enforcement authorities, including on-campus and local police; (b)
be assisted by campus authorities in notifying law enforcement authorities if
the victim so chooses; and, (c) decline to notify such authorities.
o Where applicable, the rights of victims/survivors and the campus’
responsibilities regarding orders of protection, no contact directives, restraining
orders, or similar lawful orders issued by a criminal, civil, or tribal court.
Risk Reduction
The CSU provides community members with information and strategies for risk reduction
designed to decrease perpetration, promote bystander intervention and healthy relationships,
empower marginalized voices, and support victims/survivors. Information and strategies for risk
reduction help promote safety and help individuals and communities address conditions that
facilitate violence.
Sexual Misconduct/Sexual Assault
The CSU is committed to maintaining a safe campus for all members of the CSU community. Risk
reduction strategies are focused on creating a culture of respect, reducing the risk for perpetration
and for victimization. It is important to emphasize that only those who engage in sexual
misconduct/sexual assault, dating violence, domestic violence, sexual exploitation, and stalking
are responsible for those actions. With this in mind, the following tips provide some possible
strategies to help promote a caring community and mitigate personal risk.
• Communication is key to healthy relationships and healthy sexual interactions. Obtain
Affirmative Consent from your partner for all sexual activity.
o Affirmative Consent means an informed, affirmative, conscious, voluntary, and
mutual agreement to engage in sexual activity.
o 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.
o Affirmative Consent can be withdrawn or revoked at any time.
o Affirmative Consent to sexual activity in the past does not mean consent in
future – there must be voluntary consent for all sexual activity.
o Lack of protest, resistance, or mere silence does not equal Affirmative Consent.
o Sexual activity between a minor (a person younger than 18 years old) and a
person who is at least 18 and two years older than the minor always constitutes
Sexual Misconduct, even if there is Affirmative Consent to all sexual activity.
• Do not engage in sexual activity with someone who is incapacitated.
o A person who is incapacitated by alcohol or drugs cannot give Affirmative
Consent.
o A person who is unconscious or asleep cannot give Affirmative Consent.
o A person’s own intoxication or incapacitation does not diminish their
responsibility to obtain Affirmative Consent from any person with whom they
engage in sexual activity.
• Signs that someone does not respect the importance of consent:
o They pressure or guilt you into doing things you may not want to do.
46
o They suggest you “owe” them something (including sexual acts) because
you’re dating or because they have done or claim to have done something for
you.
o They react negatively with sadness, anger, or resentment if you don’t consent
to something or don’t do so immediately
[Source: Love Is Respect]
Dating/Domestic Violence
Common Signs of Abusive Behavior in a Relationship
According to the National Domestic Violence Hotline, one feature shared by most abusive
relationships is that an abusive partner tries to establish or gain power and control through many
different methods, at different moments. Even one or two of the following behaviors is a red flag
that a partner may be abusive.
• Showing extreme jealousy of friends or time spent away from a partner.
• Preventing or discouraging one’s partner from spending time with friends, family
members, or peers.
• Insulting, demeaning, or shaming a partner, especially in front of other people.
• Preventing one’s partner from making their own decisions about working or attending
school.
• Controlling finances in the household without discussion, including taking a partner’s
money or refusing to provide money for necessary expenses.
• Pressuring one’s partner to have sex or perform sexual acts they are not comfortable
with.
• Pressuring a partner to use drugs or alcohol.
• Threatening to harm or take away a partner’s children or pets.
• Intimidating one’s partner with weapons
• Destroying a partner’s belongings or home
If you notice warning signs in your relationship or that of someone you care about, remember
there are support resources available on your campus, including individuals with whom you can
speak confidentially and who can assist you with making a safety plan. A good starting place for a
list of resources is your campus Title IX webpage. You can also contact the National Domestic
Violence Hotline at 1.800.799.SAFE (7233), which is free and confidential.
[Source: National Domestic Violence Hotline]
• Abusive behaviors can be difficult to recognize in a relationship, even if you are the one
engaging in them. In addition to some of the common signs of abusive behavior
outlined above, ask yourself if your partner:
o Seems nervous around you,
o Seems afraid of you,
o Flinches, cringes, or retreats when you are emotional,
o Seems scared, or unable to contradict you or speak up around you, and/or
o Restricts their own interactions with friends, family, coworkers, or others in
order to avoid upsetting you
47
If you recognize the behaviors above in yourself, or in how your partner reacts, these could be
signs that you are hurting them. This can be a difficult realization to come to but it’s vital that you
do so if you want to change and stop harming your partner. By acknowledging that your actions
are harmful and taking responsibility for them, you can continue to progress on the path toward
correcting them.
You could consider contacting the psychological counseling center on your campus to speak with
a counselor confidentially, or you could contact the National Domestic Violence Hotline at
1.800.799.SAFE (7233), which is free and confidential.
[Source: National Domestic Violence Hotline]
Abusive behaviors can be difficult to recognize in a relationship, even if you are the one engaging
in them. In addition to some of the common signs of abusive behavior outlined above, ask yourself
if your partner:
• Seems nervous around you,
• Seems afraid of you,
• Flinches, cringes, or retreats when you are emotional,
• Seems scared, or unable to contradict you or speak up around you, and/or
• Restricts their own interactions with friends, family, coworkers, or others in order to
avoid upsetting you
If you recognize the behaviors above in yourself, or in how your partner reacts, these could be
signs that you are hurting them. This can be a difficult realization to come to but it’s vital that you
do so if you want to change and stop harming your partner. By acknowledging that your actions
are harmful and taking responsibility for them, you can continue to progress on the path toward
correcting them.
You could consider contacting the psychological counseling center on your campus to speak with
a counselor confidentially, or you could contact the National Domestic Violence Hotline at
1.800.799.SAFE (7233), which is free and confidential.
[Source: National Domestic Violence Hotline]
Stalking
Respecting Boundaries
If someone tells you that they do not want you to contact them or do something like visit their
home or send them gifts, or if they have stopped interacting with you, respect their choice.
Everyone has the right to set boundaries.
Recognizing Stalking Behaviors
A person who engages in stalking may:
• Repeatedly call or send other unwanted communication such as text messages, emails,
social media messages, letters, etc.
• Follow the person and seem to “show up” wherever they are.
• Send unwanted gifts.
• Damage home, car, or other property.
• Monitor phone calls or computer use.
• Drive or linger near the home, school, or work of the person they are stalking.
48
• Use other people to try and communicate with the person they are stalking, like
children, family, or friends.
[Source: Victim Connect Resource Center]
Below are some tips from the Stalking Prevention Awareness and Resource Center (SPARC)
regarding steps one can take if they are experiencing stalking
• Trust your instincts – if you/someone feels they are in immediate danger or fear a
threat of harm, call 911
• Keep a record or log of each contact with the stalker
• Save evidence when possible, such as emails, text messages, postings on social media,
etc.
Know that there are support resources available on each CSU campus, including individuals with
whom individuals can speak confidentially and who can assist in making a safety plan and/or
seeking a protective order. A good starting place for a list of resources is your campus Title IX
webpage.
Bystander Intervention
The California State University and the campuses provide training on safe and positive options
that may be carried out by an individual or individuals to prevent harm or intervene when there is
a risk of dating violence, domestic violence, sexual misconduct/sexual assault, sexual exploitation,
or stalking. Bystander intervention includes recognizing situations of potential harm,
understanding institutional structures and cultural conditions that facilitate violence, overcoming
barriers to intervening, identifying safe and effective intervention options, and taking action to
intervene. Information about bystander intervention is included in a variety of prevention,
outreach, and awareness programs across the CSU.
This training encourages employees and students to:
• Notice the Event
• Interpret the Event as a Problem
• Assume Personal Responsibility
• Learn How to Help
• And Step Up by utilizing the “4 Ds” – Direct, Distract, Delegate, and Delay
o Direct – Directly addressing the situation.
o Distract – Making a simple (or elaborate) distraction to diffuse the situation.
o Delegate – Finding someone else to address the concern.
o Delay – Checking in with the person after to see if you can do anything to
support them.
CSU Policy Definitions
Definitions of conduct that is prohibited under CSU policy are found in Article VII of the CSU
Nondiscrimination Policy. These definitions are applicable in relation to the University’s
administrative processes and may differ from the criminal law definitions (California) found in
Appendix A.
49
Written Notification
The title IX Coordinator will provide Complainants alleging Sexual Misconduct, Sexual Exploitation,
Dating Violence, Domestic Violence or Stalking, with the information in Attachment D to the CSU
Policy Prohibiting Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating
Violence, Domestic Violence, Stalking, and Retaliation - Rights and Options for Victims of Sexual
Misconduct/Sexual Assault, Sexual Exploitation, Dating and Domestic Violence, And Stalking. This
same information is provided in writing to all students and employees within the CSU Policy
Prohibiting Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence,
Domestic Violence, Stalking, and Retaliation, and as part of annually assigned training.
This written notice (annually to all students and employees, and specifically to complaints as
outlined above) includes the information below, including:
• Supportive measures
• Rights and options available throughout the reporting process and/or the duration of
any formal or informal complaint resolution process, including campus and criminal
reporting options, available advocates, preserving evidence, medical Care and
treatment, and protective orders.
• Existing counseling, health, mental health, victim advocacy, legal assistance, visa and
immigration assistance, student financial aid, and other services available
You have the right to be offered and receive reasonably available support services and supportive
measures, available both on and off campus. You do not have to file a formal complaint or a
criminal complaint in order to receive support services and/or supportive measures. Supportive
services and supportive measures include, but are not limited to, counseling, victim/survivor
advocates, extensions of deadlines or other course-related adjustments, modifications of work or
class schedules, campus escort services, restrictions on contact between the parties, changes in
work or housing locations, leaves of absence, increased security and monitoring of certain areas of
the campus, and other similar measures. The Title IX Coordinator, University Police Department
and victim/survivor advocate on your campus can provide some of these services directly and/or
provide you with information about and a referral to these and additional resources on and off
campus for support.
Supportive Measures
Supportive Measures are individualized services offered as appropriate, as reasonably available,
and without fee or charge to the Complainant or Respondent regardless of whether a Formal
Complaint is filed. Supportive Measures are designed to restore or preserve equal access to CSU
education programs or activities, or the workplace without unreasonably burdening the other
Party, including to protect the safety of all Parties or the educational or work environment.
Supportive Measures may include counseling, extensions of deadlines or other course or work-
related adjustments, modifications of work or class schedules, campus escorts, mutual restrictions
on contact between the parties, changes in work or housing locations, leaves of absence,
increased security and monitoring of certain areas of the campus, and other similar measures. The
Title IX Coordinator/DHR Coordinator is responsible for coordinating the effective implementation
of Supportive Measures. Supportive Measures will remain confidential except when it is not
possible to maintain confidentiality in order to provide the Supportive Measures.
The following is a list of on-campus and off-campus resources that offer a variety of services in the
areas of victim advocacy, counseling, health, mental health, legal assistance, visa and immigration
50
assistance, student financial aid and other areas. Campus advocates can help provide information
about and referral to any of these resources if requested. These resources are available to
victims/survivors whether or not they choose to make a criminal or administrative report.
Confidential Resources On-Campus
Resource Name
Type of Services
Contact Information
Gricelda Alva Brito
galva@csusm.edu
Elizabeth Mendoza
emendoza@csusm.edu
Provides students with trauma-
informed confidential support,
advocacy, prevention, and education
related to gender-based
violence.
(760) 750-4915
www.csusm.edu/shcs/advocate
24/7 Crisis Line (888) 385-4657
(760) 750-4912
Student Health and
Counseling Services
(SHCS)
shcs@csusm.edu
Medical services, mental health
counseling, wellness programs, and
sexual violence and advocacy and
education for students.
(760) 750-4916
www.csusm.edu/shcs
Employee Assistance
Program (EAP)
Professional counseling service for
employees and their family
members.
(800) 367-7474
https://www.csusm.edu/hr/bene
fits/other_programs/employee_
a ssistance_program.html
Office of University
Ombuds
ombuds@csusm.edu
Assists current CSUSM faculty, staff
and enrolled students with resolving
University- related conflicts, disputes
or complaints on an informal basis.
(760) 750-8366
www.csusm.edu/ombuds
Non-Confidential Resources On-Campus
Resource Name
Type of Services
Contact Information
Dr. Bridget Blanshan
Interim Title IX
Coordinator
Assists students, faculty and staff
against discrimination based on
any protected status, and all forms
of sex or gender discrimination,
including sexual harassment, dating
and domestic violence, other forms
of sexual misconduct, stalking and
retaliation.
Bridget Blanshan
(760) 750-6020
bblanshan@csusm.edu
www.csusm.edu/title9
Dean of Students
Assists students who have been
referred to the Dean of Students
office for behavior that may have
been a violation of the Standards
for Student Conduct.
Office of the Dean of Students
(760) 750-4935
dos@csusm.edu
www.csusm.edu/dos
51
Financial Aid and
Scholarships
Financial aid assistance for students
including the application process,
explanation of types of student aid
programs available, disbursement
of funds, and advisory services for
aid.
Financial Aid and Scholarships
(760) 750-4850
finaid@csusm.edu
www.csusm.edu/finaid
International
Students Services
Serves as primary contact for all
international students and assists
with a variety of services
including visa matters, academic
problems, adjustment issues and
family emergencies.
Global Programs and Services
intappl@csusm.edu
www.csusm.edu/global
Undocumented and
AB 540 Student
Support Services
Supports undocumented students,
and community members by
advocating for and cultivating a
safe and welcoming campus
environment. This includes free
immigration legal services, mental
health support, and academic and
career advising.
Dreamer Resource Office
(760) 750-4863
dreamers@csusm.edu
www.csusm.edu/dreamer
Student Life Centers
for Identity, Inclusion
and Empowerment
Identity-based centers that assist
students in developing self-
awareness, exploring intersections
of identity, and engaging in
educational, social, and community
programming.
Black Student Center (760)
750-3675
BSC@csusm.edu
www.csusm.edu/bsc
Cross Cultural Center
(76) 750-4958
flai@csusm.edu
www.csusm.edu/ccc
Women and Gender Equity Center
(760) 750-4988
wgec@csusm.edu
www.csusm.edu/wgec
Latin@/x Center
(760) 750-3670
latinocenter@csusm.edu
www.csusm.edu/latinocenter
LGBTQA Pride Center
(760) 750-3077
pridecsusm@csusm.edu
www.csusm.edu/pride
APIDA Center
Coming in 2024-2025
52
Law Enforcement Resources
Resource Name
Type of Services
Contact Information
University Police
Department
Serves students, faculty, staff, and
community members by maintaining a
safe academic environment.
(760) 750-4567
dispatch@csusm.edu
www.csusm.edu/police
San Diego County
Sheriff’s Dept – San
Marcos Station
General law enforcement for the
community.
(760) 510-5200
https://www.sdsheriff.gov/Ho
me/Components/FacilityDirec
tory/FacilityDirectory/40/61
Community, National, Global Resources
Resource Name
Type of Services
Contact Information
Center for Community
Solutions
Non-profit organization to assist and
empower survivors recovering from
trauma related to domestic violence,
sexual assault, and stalking in San
Diego. This includes free 24/7 crisis
hotline, domestic violence shelters,
legal services, counseling, safety
planning, and prevention education.
Crisis Hotline: 888-385-4657
Center for Community
Solutions (North County) 210
S. Juniper St., Suite 101
Escondido, CA 92025
(760) 747-6282
www.ccssd.org
Women’s Resource Center
Develops intervention and prevention
programs for victims of sexual
assault or domestic violence.
Services include advocacy, crisis
intervention, counseling, safety
planning, shelter, victim’s rights,
children’s
services, and legal services.
24-Hour Hotline:
(760) 757-3500
1963 Apple St.
Oceanside, CA 92054-4426
(760) 547-8800
www.wrcsd.org
Legal Aid Society
Provides free legal assistance to
people in San Diego County.
North County Office
100 E. San Marcos Blvd, Ste 308
San Marcos, CA 92069
1-877-534-2524
www.lassd.org
53
U.S. Department of
Education, Office of Civil
Rights
Serves students and institutions by
enforcing Federal civil rights laws
that prohibits discrimination in
programs or activities that receive
federal financial assistance from the
Department of Education.
1-800-421-3481
ocr@ed.gov
https://www2.ed.gov/about/o
ffices/list/ocr/index.html
RAINN (Rape, Abuse, and
Incest National Network)
National network supporting
victims/survivors of sexual assault
and abuse. 24/7 free and confidential
hotline and chat services.
1-800-656-4673
https://www.rainn.org/
U.S. Department of State –
Office of Overseas Citizens
Services
Assist victims/survivors who are
overseas with local and/or US-based
resources for victims of crime,
including local legal representation.
From the US or Canada:
1-(888)-407-4747
From overseas:
+1-(202)-501-4444
https://travel.state.gov/content/pass
ports/en/emergencies.html
Regardless of whether a victim/survivor decides to maintain confidentiality, these individuals will
still assist victims/survivors in receiving other necessary protection and support, such as victim
advocacy, medical, mental health services, and/or legal services. However, these individuals may
have limited ability to assist a victim/survivor with university academic support or
accommodations, or changes to university-based living or working schedules, as such
accommodations likely require the involvement of other University officials.
To request an accommodation, contact the Title IX Coordinator.
Dr. Bridget Blanshan
Interim Title IX Coordinator
Craven Hall 3200
bblansh[email protected]
760-750-6020
Reporting Options
Reporting to University Administration
Complaints of discrimination, harassment, sexual misconduct and sexual assault, dating and
domestic violence, sexual exploitation, and stalking may be addressed through the University
administrative process
5
. A complainant or reporting party can report an incident to the University
by contacting the Title IX Coordinator on their campus. A complainant has the right to have a
support person present with them while making a complaint.
The University will protect the privacy of everyone involved in a report to the greatest degree
possible under applicable law and University policy. Personally identifiable information about the
5
See page 57
54
involved parties will be shared only on a need-to-know basis, e.g., to those who are
investigating/adjudicating the report or those involved in providing support services. By only
sharing personally identifiable information with individuals on a need-to-know basis, the
University will maintain as confidential any supportive measures and remedies provided to the
parties, to the extent that maintaining such confidentiality would not impair the ability of the
University to provide supportive measures and remedies.
The CSU does not publish the name of victims/survivors or other identifiable information
regarding victims/survivors in the Daily Crime Log or in the crime statistics that are disclosed in
the
Annual Security and Fire Safety Reports
. Furthermore, if a Timely Warning is issued on the
basis of a report of sexual assault, dating violence, domestic violence, sexual exploitation, or
stalking, the name of and other personally identifiable information about the victim/survivor will
be withheld.
The Importance of Preserving Evidence
Victims/survivors are encouraged to preserve all physical evidence, including but not limited to:
clothing worn during the assault, bed sheets, and/or photos of any injuries. This evidence may be
helpful in proving that a crime occurred, in the event the victim/survivor chooses to report now or
in the future. It may also be helpful in obtaining a court-ordered protective or restraining order. If a
victim/survivor does not have any evidence preserved, they still have an option to report the crime
and request a medical evidentiary examination.
Victims/survivors of sexual misconduct, sexual assault, sexual exploitation, stalking, dating
violence and domestic violence are also encouraged to preserve evidence by saving text
messages, instant messages, social networking pages, other communications, pictures, logs or
other copies of documents that may be useful to university investigators or police should the
victim/survivor decide to report now or in the future.
Reporting to Law Enforcement and Making a Criminal Report
If your physical safety is at imminent risk, we encourage you to seek immediate assistance from
the police.
Some forms of misconduct prohibited under the Nondiscrimination Policy may also be prohibited
by law. You have a right to be informed of law enforcement options and information regarding the
availability of a criminal or civil prosecution for victims of crime.
It is a victim’s/survivor’s choice to report a crime. You have the right to report or decline to report
an incident to law enforcement. You have the right to not be forced, coerced, or pressured into
reporting to law enforcement.
A victim/survivor may report an incident to law enforcement at any time. In the event of an
emergency where immediate assistance is required, a victim/survivor should dial 9-1-1 to be
connected with the nearest police department. If there is no emergency, victims/survivors can file a
police report at any time in the jurisdiction where the assault occurred. A confidential victim
advocate can assist the victim/survivor in filing the report if requested.
Victims/survivors of crimes such as sexual assault, sexual exploitation, stalking, dating violence,
domestic violence, abuse, threats of abuse and/or serious harassment all have a right to petition
the court in the appropriate jurisdiction for a protective order (also referred to as a restraining
order).
55
Your Campus Advocate, University Police Department and Title IX Coordinator are all able to
provide you with more information about pursuing criminal prosecution, civil prosecution and/or
protective orders.
A victim/survivor of specific offenses [enumerated in California Government Code section
7923.615(b)(1)] has the right to request to be listed as a confidential victim in a law enforcement
agency’s report. Being listed as a confidential victim in a law enforcement agency’s report
prevents the law enforcement agency from disclosing the confidential victim’s name and address
as a matter of public record. However, the confidential victim’s information can be released to the
prosecutor, parole officers of the Department of Corrections and Rehabilitation, hearing officers of
the parole authority, probation officers of county probation departments, or other persons or
public agencies where authorized or required by law. Please see California Penal Code section 293
for more information.
Employees of the University Police Department have a duty to report to the Title IX Coordinator /
DHR Administrator any time they know or have reason to know of incidents that may violate this
Nondiscrimination Policy, so that the Title IX Coordinator or DHR Administrator can carry out their
duties under the law and under this Nondiscrimination Policy. At a minimum, the information to
be reported includes all the information authorized to be disclosed under the law in response to
records requests, but without requiring a formal request
6
. Such information includes but is not
limited to the time, substance, and location of all complaints or requests for assistance received by
University Police and the time and nature of the response thereto, including, to the extent the
information regarding crimes alleged or committed or any other incident investigated is recorded,
the time, date, and location of occurrence, the time and date of the report, the name and age of the
victim, the factual circumstances surrounding the crime or incident, the identity of the alleged
perpetrator, and a general description of any injuries, property, or weapons involved
7
.
For certain sex offenses
8
the victim has the right to affirmatively request from University Police,
after being informed of their options, that the victim's identity remain confidential
9
. However, even
if the victim requests confidentiality of identity, the University Police should specifically ask the
victim if the victim's name can be provided to the Title IX Office so that the Title IX Coordinator can
contact the victim to discuss supportive measures that can be offered. And in all cases, even when
the victim requests confidentiality, the identity of the alleged perpetrator (if known) must be
reported to the Title IX Coordinator.
6
See Government Code 7923.615
7
See Government Code 7923.615
8
See Penal Code Sections 220, 261, 261.5, 262, 264, 264.1, 265, 266, 266a, 266b, 266c, 266e, 266f,
266j, 267, 269, 273a, 273d, 273.5, 285, 286, 288, 288a, 288.2, 288.3, 288.4, 288.5, 288.7, 289, 422.6,
422.7, 422.75, 646.9, or 647.6.
9
Additionally, the confidential victim’s information can be released to the prosecutor, parole
officers of the Department of Corrections and Rehabilitation, hearing officers of the parole
authority, probation officers of county probation departments, or other persons or public agencies
where authorized or required by law. Please see California Penal Code section 293 for more
information.
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Protective Orders
Civil Reporting Options & Protective Orders
A victim/survivor may choose to file a civil lawsuit against the alleged offender, whether or not
criminal charges have been filed. A civil lawsuit provides an opportunity to recover actual money
damages, which may include compensation for medical expenses, lost wages, pain, suffering and
emotional distress. An Advocate can assist a victim/survivor with identifying the necessary steps
and processes for filing a lawsuit if requested.
Court-Ordered Restraining Orders
A victim/survivor may choose to obtain a restraining order (such as a domestic violence
restraining order or a civil harassment restraining order). Restraining orders must be obtained
from a court in the jurisdiction where the incident occurred. Restraining orders can help protect a
victim/survivor who has experienced or is reasonably in fear of physical violence, sexual violence,
domestic violence, dating violence and stalking.
Emergency Protective Order (EPO)
An Emergency Protective Order (EPO) is a type of restraining order that only law enforcement can
ask for by calling a judge. Typically, this is done by an officer responding to the scene of a
domestic violence incident. Judges are available to issue EPOs 24 hours a day. The EPO takes
effect immediately and can last up to seven calendar days. The judge can order the alleged abuser
to leave the domicile and stay away from the victim and their children for up to a week. This
provides the victim with time to go to court to request a temporary restraining order.
Temporary Domestic Violence Restraining Order (TRO)
A TRO is a type of protective order. In order to obtain one, the victim/survivor must fill out
paperwork explaining the facts and why a protective order is needed. If a judge agrees that
protection is needed, the judge will issue a temporary restraining order. Temporary restraining
orders usually last until the court hearing date, typically 20 to 25 days after the petition is filed.
Criminal Protective Order (CPO)
When there is a claim that a domestic violence incident occurred, a criminal charge (or charges)
may be filed by a prosecutor (such as the City Attorney or District Attorney) against the person
who allegedly committed the criminal act. The prosecutor commonly asks a judge to issue a
Criminal Protective Order while the criminal case proceeds. A CPO typically requires the defendant
(the person who allegedly committed the criminal act) to stay away from and not to hurt, threaten,
or communicate with the victim/accuser. If the defendant is convicted of or pleads guilty to the
criminal charge(s), the CPO may last for up to ten years after the case is over.
Civil Harassment Restraining Order
This type of court order is available to individuals who have been harassed by any of the
following: a neighbor, roommate (as long as no dating/romantic relationship existed or exists),
friend, family member more than two degrees removed (e.g., an aunt/uncle, niece/nephew, cousin,
or more distant relative), stranger, or another person not closely related to the victim of the
harassment.
An individual who has been civilly harassed by a current or former spouse/partner, or someone
with whom a dating/romantic relationship existed, or a close relative (parent, child, brother, sister,
grandmother, grandfather, in-law) may qualify for a domestic violence restraining order but would
not qualify for a civil harassment restraining order.
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The CSU, Restraining Orders and Protective Orders
The CSU complies with California law in recognizing restraining orders and protective orders. If
you obtain a restraining order a copy should be provided to your campus Police Department. In
order to comply with the restraining order, Title IX Coordinators, DHR Administrators, Advocates
and/or the University Police Department on your campus may assist with setting up escorts,
establishing special parking arrangements, changing classroom or employment locations, or
additional measures as needed. Victim/Survivor Advocates on your campus can offer assistance
with obtaining a restraining order.
Disciplinary Procedures
Disciplinary procedures for sexual misconduct/sexual assault, sexual exploitation, dating and
domestic violence, and stalking will provide a prompt, fair, and impartial process and resolution,
outlined in the following excerpts from the CSU Nondiscrimination Policy. As required by law, the
excerpts in this Annual Security Report capture the steps, decisionmakers, and anticipated
timelines for both formal and informal resolution processes, as applicable. For details beyond the
steps, decisionmakers, and anticipated timelines, please see the policy.
The campus Title IX Coordinator is the designated administrator to receive reports of
Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic
Violence, Stalking, and Retaliation.
Dr. Bridget Blanshan
Interim Title IX Coordinator
Craven Hall 3200
bblansh[email protected]
760-750-6020
Additional information on how to file a report can be found here:
https://www.csusm.edu/title9/report/index.html
Complaints alleging violations of this Nondiscrimination Policy against a President, Title IX
Coordinator / DHR Administrator, the Chancellor, or member of the Board of Trustees will be made
to the Office of Civil Rights Programming & Services at CO[email protected]. Any person
may report an alleged violation of the Nondiscrimination Policy.
Reports may be made at any time, and individuals are encouraged to report an alleged violation of
the Nondiscrimination Policy regardless of how much time has passed. The University's ability to
interview witnesses and otherwise investigate or act, however, may be limited by various factors,
including the passage of time, fading witness memories, and/or preservation of evidence. In all
cases, the Title IX Coordinator/DHR Administrator is available to discuss Supportive Measures with
the Complainant at any time, regardless of how much time has passed since the incident described
in the report.
The University's primary concern is the safety of the campus community. Any person who reports
an alleged violation of the Nondiscrimination Policy should discuss any concerns about safety with
the Title IX Coordinator/DHR Administrator
The Nondiscrimination Policy prohibits Retaliation. If a student or Employee is reluctant to report
because they fear Retaliation, they should discuss their concerns with the Title IX Coordinator/DHR
Administrator as soon as possible.
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Any Student who participates as a Complainant or witness in a Complaint process (including
investigation or hearing) relating to Sex-based Harassment that falls under these Procedures will
not be disciplined for related violations of the Standards for Student Conduct at or near the time of
the incident, unless the University determines that the violation was egregious. The University
may, however, take other appropriate action including having an educational discussion with the
student. Egregious conduct includes, but is not limited to, action that places the health or safety of
any other person at risk or involves plagiarism, cheating, or academic dishonesty.
Simultaneous Written Notification
Communication with the Parties regarding a Complaint, an investigation, or hearing will be sent to
their designated CSU campus email address, unless the Party has specifically requested in writing
to the Title IX Coordinator/DHR Administrator, Investigator, or Hearing Coordinator that
communication be sent to a different email address. Communication with Parties who are neither
Students nor Employees will be sent to an email address that they provide. Any communications
relating to the outcome of an investigation or hearing, including any changes to the outcome or
when the outcome becomes final, will be provided in writing to the Complainant and the
Respondent at the same time.
Outreach to Complainant
After receiving a report, the Title IX Coordinator/DHR Administrator will assess the report and
provide outreach to the possible Complainant named in the report. This outreach will include the
following:
a. A statement that the University has received a report of conduct that may be prohibited by
the Nondiscrimination Policy (e.g., Discrimination, Harassment, Sex-based Harassment,
Sexual Misconduct, Sexual Harassment, Sexual Exploitation, Dating Violence, Domestic
Violence, Stalking, Prohibited Consensual Relationship, or Retaliation.)
b. A description of the role of the Title IX Coordinator/DHR Administrator.
c. A request for the Complainant to meet with the Title IX Coordinator/DHR Administrator, or
other designated employee, to discuss the Complainant's options and next steps.
d. A statement that the Complainant can be accompanied by an Advisor of their choice during
any meeting relating to the report and any subsequent Complaint process.
e. Information regarding counseling, resources, and potential Supportive Measures.
f. An explanation of how the University responds to reports of Nondiscrimination Policy
violations and a description of potential disciplinary consequences.
g. A summary of the investigation procedures.
h. A statement regarding the importance of preserving evidence.
i. A statement that the Complainant may, but is not required to, report to law. enforcement
any allegations that could constitute criminal behavior.
j. A statement that retaliation for making a Complaint or participating in a Complaint process
is prohibited by the Nondiscrimination Policy.
In addition to the information provided in the outreach communication, the Title IX
Coordinator/DHR Administrator will provide Complainants alleging Sexual Misconduct, Sexual
59
Exploitation Dating Violence, Domestic Violence or Stalking, with the information in Attachment D
- Rights and Options for Victims of Sexual Misconduct/Sexual Assault, Sexual Exploitation, Dating
and Domestic Violence, And Stalking
Initial Assessment & Intake Meeting
The Title IX Coordinator/DHR Administrator will offer to conduct an intake meeting with any
Complainant who responds to outreach communication, or otherwise makes a report of a potential
Nondiscrimination Policy violation to discuss the Complainant's options, explain the available
processes (including informal resolution and the formal complaint resolution process), and
provide information about Supportive Measures. The Title IX Coordinator/DHR Administrator will
consider the need for a follow-up meeting with the Complainant, as appropriate. Any subsequent
investigation will include an interview with the Complainant conducted by the assigned
investigator. The investigatory interview will be intended to build upon and clarify the information
provided during intake.
All persons involved in implementing these procedures (e.g., the campus Title IX Coordinator and
any Deputy Title IX Coordinator(s), Investigators, Human Resource Directors, and Hearing Officers
presiding over hearings) shall have relevant annual training on issues related to Sex Discrimination,
Sexual Harassment, Sexual Misconduct, Sexual Exploitation, Dating and Domestic Violence, and
Stalking. Such annual training shall include the CSU complaint processes, as well as the handling,
investigation, and analysis of complaints of Sex Discrimination, Sexual Harassment, Sexual
Misconduct, Sexual Exploitation, Dating and Domestic Violence, and Stalking. The annual training
shall also address applicable confidentiality issues, especially with respect to the Title IX
Coordinator's duty to weigh any victim's request for confidentiality against the duty to provide a
safe and nondiscriminatory environment for all members of the campus community. For matters
involving Sexual Misconduct, Sexual Exploitation, Dating and Domestic Violence, and Stalking, the
training shall also include how to conduct an investigation and hearing process that protects the
safety of the person(s) involved and promotes accountability.
The Complainant and Respondent may choose to be accompanied by one Advisor of their choice,
who may be, but is not required to be, an attorney or a union representative during meetings or
any stage of the Complaint process.
The University will not limit the choice or presence of the Advisor for the Complainant or
Respondent in any meeting or proceeding. However, the unavailability of a specific Advisor will
not unduly interfere with prompt scheduling.
A Party's Advisor may not answer questions regarding the subject matter of the investigation for
the Complainant or the Respondent. However, the Advisor may observe and consult with the
Complainant or Respondent.
The Parties also have the right to consult with an attorney, at their own expense, or a union
representative at any stage of the process if they wish to do so.
Confidentiality Requests and Requests Not to Investigate
Confidentiality Requests
The University will maintain confidentiality of reports, Complaints, and associated processes
whenever possible. When necessary, to protect the campus community and to facilitate
investigations and/or Supportive Measures, certain information may be shared on a "need-to-
know" basis. Therefore, the University cannot guarantee confidentiality.
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Requests not to Investigate
When a Complainant requests that no investigation occur, the Title IX Coordinator/DHR
Administrator will balance the request against the University's duty to provide a safe and non-
discriminatory environment for all members of the campus community. In cases where the
Complainant does not want to pursue an investigation, the Title IX Coordinator/DHR Administrator
should inform the Complainant that the ability to take corrective action may be limited.
The Title IX Coordinator/DHR Administrator will consider, at a minimum:
a. The Complainant's request not to proceed with initiation of a Complaint;
b. The Complainant's reasonable safety concerns regarding initiation of a Complaint;
c. The risk that additional acts of Discrimination, Harassment, or Retaliation would occur if a
Complaint is not initiated;
d. The severity of the alleged Discrimination, Harassment, or Retaliation including whether
the conduct, if established, would require the removal of a Respondent from campus or
imposition of another Disciplinary Sanction to end the Discrimination, Harassment, or
Retaliation and prevent its recurrence;
e. Whether the Respondent poses an imminent threat to the campus community, which may
include violence, threats of violence, use of a weapon, physical restraints, or unwanted
physical contact.
f. The age and relationship of the Parties, including power imbalance and whether the
Respondent is an Employee of the University;
g. The scope of the alleged conduct, including information suggesting a pattern (such as
multiple or prior reports of misconduct against the Respondent), ongoing conduct, or
conduct alleged to have impacted multiple individuals;
h. Whether the University is able to conduct a thorough investigation and obtain relevant
evidence without the Complainant's cooperation;
i. The availability of evidence to assist a decisionmaker (Investigator or Hearing Officer) in
determining whether Discrimination, Harassment, or Retaliation occurred;
j. Whether the University could end the alleged Discrimination, Harassment, or Retaliation
and prevent its recurrence without initiating the formal complaint resolution process; and
k. For Employee Complainants, the University will also consider its obligation to maintain a
safe work environment in determining whether an investigation is necessary.
a. The Title IX Coordinator/DHR Administrator will document the basis for the
decision to initiate or to not initiate the investigation based on this assessment
criteria.
Decision to Proceed with Complaint
Based on the assessment criteria above, the Title IX Coordinator/DHR Administrator has discretion
to initiate an investigation without the Complainant's participation.
Decision to Proceed with Complaint
When the Title IX Coordinator/DHR Administrator decides to proceed with an investigation without
a Complainant's participation, the Title IX Coordinator/DHR Administrator will make the Complaint
on behalf of the University. The Title IX Coordinator/DHR Administrator will remain neutral in
applying the Nondiscrimination Policy and these Procedures. In these cases, the Title IX
Coordinator/DHR Administrator will provide the impacted party with the same notices, updates,
and opportunities to participate as the Respondent throughout the investigation and, where
61
applicable, hearing process, unless the impacted party confirms in writing that they do not want to
receive these communications and do not wish to participate in the process. The impacted party
may rescind this notice at any time in writing to the Title IX Coordinator/DHR Administrator.
When the Title IX Coordinator/DHR Administrator initiates an investigation without the
Complainant's participation, the Complainant will be informed in advance of the Title IX
Coordinator/DHR Administrator disclosing the Complainant's identity and details of the Complaint
or report to the Respondent, or initiating an investigation. The Title IX Coordinator/DHR
Administrator will work with campus partners to take steps to arrange reasonable safety measures
for the Complainant if appropriate. At the Complainant's request, the Title IX Coordinator/DHR
Administrator will inform the Respondent that the Complainant asked the University not to
investigate or seek discipline.
A Student Complainant will not be required to participate in an investigation if they do not wish to
do so.
Decision Not to Proceed with Investigation:
If a request for confidentiality or no investigation is granted, the Title IX Coordinator/DHR
Administrator will nevertheless take reasonable steps to limit the effects of the alleged
Discrimination, Harassment, or Retaliation, and prevent its recurrence without initiating formal
action against the Respondent or revealing the identity of the Complainant. Examples include
increased temporary monitoring, supervision, or security at locations or activities where the
alleged misconduct occurred; providing additional training and education materials for students
and employees; or conducting climate surveys. Reasonable steps will be taken to provide for the
safety of a Complainant while keeping the Complainant's identity confidential as appropriate and if
possible. These steps may include changing living arrangements or course schedules,
assignments, or tests. The Complainant will be notified that the steps the campus will take may be
limited by the request for confidentiality.
Supportive Measures
The University will offer and coordinate Supportive Measures as appropriate for the Complainant
and/or Respondent to restore or preserve that person's access to the University's education
programs, activities, employment, or to provide support during the University's formal complaint
resolution process or during the informal resolution process. Supportive Measures may include,
but are not limited to: counseling; extensions of deadlines and other course-related adjustments;
changes to employee reporting line; campus escort services; increased security and monitoring of
certain areas of the campus; restrictions on contact applied to one or more Parties; leaves of
absence; changes in class, work, housing, or extracurricular or any other activity, regardless of
whether there is or is not a comparable alternative; and training and education programs related to
Discrimination, Harassment, and Retaliation.
The Title IX Coordinator/DHR Administrator will describe and offer Supportive Measures to
Complainants during the initial assessment (even if no Complaint is made or the Complaint is
ultimately not investigated), and to Respondents during an initial meeting.
The Title IX Coordinator/DHR Administrator is responsible for coordinating the effective
implementation of Supportive Measures if requested and reasonably available.
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Review of Supportive Measures (Applies only to Reports or Complaints of Sex-based
Harassment)
A Complainant or Respondent may request modification or reversal of a decision to provide, deny,
modify, or terminate Supportive Measures applicable to them.
This request will be reviewed by an appropriate and impartial Employee:
If the original decision about Supportive Measures was made by a person with authority delegated
by the Title IX Coordinator/DHR Administrator, the review will be conducted by the Title IX
Coordinator/DHR Administrator.
If the original decision about Supportive Measures was made by the Title IX Coordinator/DHR
Administrator, the review will be conducted by a Systemwide Director for Civil Rights.
If the reviewer determines that the decision to provide, deny, modify, or terminate the Supportive
Measure was inconsistent with the Nondiscrimination Policy’s requirements, expectations, or
standards for Supportive Measures, they may modify or reverse the decision. In making this
determination, the reviewer should consider:
a) Do the Supportive Measures unreasonably burden a Complainant or Respondent?
b) Are the Supportive Measures punitive?
c) Are the Supportive Measures reasonably available and restore access to the CSU’s
programs, activities, or employment?
d) Are the Supportive Measures being offered or provided during the informal resolution
process or formal complaint resolution process?
A Complainant or Respondent may also seek additional modification or termination of a
Supportive Measure applicable to them if circumstances change materially by contacting the Title
IX Coordinator / DHR Administrator.
The University will not share information about any Supportive Measures with anyone other than
the person to whom they apply, including informing one Party of Supportive Measures provided to
another Party, unless necessary to provide the Supportive Measure or restore or preserve a Party’s
access to the CSU’s education programs, activities, or employment, or when otherwise required by
state or federal law.
No-Contact Directives
No-contact directives may be issued as a Supportive Measure, Remedy, or in connection with an
Informal Resolution Agreement, with or without an investigation. When reasonably requested by a
Complainant or otherwise needed to protect health and safety or to preserve the integrity of the
investigation, the University will issue an interim no-contact directive, which may be unilateral
(prohibiting the Respondent from contacting the Complainant) or mutual (prohibiting the Parties
from contacting each other) while the investigation is pending.
No-contact directives that are not part of an Informal Resolution Agreement must meet the
following requirements:
1. No-contact directives that limit an individual's movement on a University campus may only
be issued where the conduct alleged is egregious or where an objective threat of physical
harm exists.
63
2. A mutual no-contact directive (applicable to both Parties) may only be issued prior to an
investigation outcome. Mutual no-contact directives will not be issued automatically. The
Title IX Coordinator/DHR Administrator must consider, based on the circumstances of each
case, whether a mutual no-contact directive is necessary or justifiable to protect the
Respondent's safety or well-being, or to address concerns about interference with an
investigation.
3. If there is a finding that the Nondiscrimination Policy has been violated and a mutual no-
contact directive is already in effect, unless there are extenuating circumstances, the no-
contact directive will promptly be converted to a unilateral no-contact directive (applicable
only to the Respondent).
4. Any no-contact directive (whether mutual or unilateral) will be delivered to both Parties in
writing and will be accompanied by a written explanation of the terms of the directive and
the consequences for violating the no-contact directive. A no-contact directive is intended
to be temporary and should be periodically assessed to confirm the continued need for,
and appropriateness of, its specific terms (conditions), including whether it should be
mutual (applicable to both Parties), or unilateral (only applicable to the Respondent).
5. Violations of no-contact directives will be addressed by the campus Student Conduct
Administrator in the same manner as any violation of the Student Conduct Code if the
Respondent is a Student, or by Human Resources or Faculty Affairs, if the Respondent is an
Employee. If the alleged violation of the no-contact directive is itself a violation of the
Nondiscrimination Policy, the matter will be referred to the Title IX Coordinator/DHR
Administrator.
In considering the reasonableness and terms of a requested no-contact directive, the Title IX
Coordinator/DHR Administrator may consider various factors, including the need expressed by the
Complainant or Respondent; the ages of the Parties involved; the nature of the allegations and
their continued effects on the Complainant or Respondent; whether the Parties continue to interact
directly in the University's education program or activity, including through student employment,
shared residence or dining facilities, class, or campus transportation; and whether steps have
already been taken to mitigate the harm from the Parties' interactions, such as implementation of a
civil protective order.
Criminal Complaints and Concurrent Investigations
Complainants will be informed during the intake meeting of their right to make a criminal
complaint with University police or other appropriate law enforcement agencies. The Title IX
Coordinator/DHR Administrator will offer to assist the Complainant and will assure them that filing
a criminal complaint will not unreasonably delay the University's investigation. The University will
typically not wait until the conclusion of a criminal investigation to begin its own investigation.
Although it may be necessary to temporarily delay the investigation while law enforcement is
gathering evidence, once notified that law enforcement has completed the fact gathering portion
of their investigation, the University will promptly resume and complete its own investigation.
Individuals who first report to University police will be encouraged to also make a Complaint with
the Title IX Coordinator/DHR Administrator.
Interim Suspension
An interim suspension may be considered for a Student Respondent, where there is reasonable
cause to believe that interim suspension of that Student is necessary to protect the personal safety
64
of persons within the Campus community or Campus property, and to ensure the maintenance of
order during an investigation. Such interim suspensions will be implemented in accordance with
the procedures under the Student Conduct Process and will only remain in effect during the
Complaint process until determined to be no longer necessary. In determining whether an interim
suspension is necessary, the Title IX Coordinator/DHR Administrator will coordinate with the
Student Conduct Administrator to ensure appropriate on-going assessment and implementation
occurs.
Emergency Removal – Applies only to Reports or Complaints of Sex-based Harassment:
The University may remove a Respondent from its education programs or activities, including
Student employment, on an emergency basis in the absence of a Complaint, before an
investigation concludes or where no investigation or hearing is pending. Prior to the removal, an
individualized safety and risk analysis will be conducted. The removal is referred to as an
"Emergency Removal," and has the effect of an Interim Suspension, as set forth in the Student
Conduct Process, including that during the period of the Emergency Removal, the Student may
not, without prior written permission from the University president or designee, enter any campus
of the CSU. As with Interim Suspensions in the Student Conduct Process, the president or vice
president designee, in consultation with the Title IX Coordinator/DHR Administrator, will determine
whether there is an imminent and serious threat to the health or safety of a Complainant or any
Students, Employees, or other persons arising from the allegations of Sex-based Harassment that
justifies removal.
Where a determination is made that justifies Emergency Removal, the Respondent will be
provided with notice and given an opportunity to challenge the decision immediately following the
removal, in accordance with the procedures in the Student Conduct Process. This includes the
right to a hearing within 10 Working Days of a request by the Respondent for such a hearing to
determine if there is an imminent and serious threat to the health or safety of a Complainant or
any Students, Employees, or other persons arising from the allegations of Sex-based Harassment
that justifies removal. The hearing will be conducted under the Student Conduct Process and not
these Procedures as they relate to hearings.
Administrative Leave
A campus may place a non-student Employee on Administrative Leave (sometimes referred to as
Temporary Suspension) in accordance with applicable Collective Bargaining Agreements or CSU
policies while the Complaint process is pending.
Transcript Notations
If a Respondent withdraws, transfers, or disenrolls from the University pending an investigation or
disciplinary proceeding concerning a violation of the Nondiscrimination Policy, transcript notations
may be appropriate and will be addressed under the Student Conduct Process. As appropriate to
the situation, the University may place an administrative hold on registration transactions, release
of records, and transcripts of a Student who has been sent written notice of a pending
investigation or disciplinary matter concerning that Student, and may withhold awarding a degree
otherwise earned until the completion of the investigation or disciplinary process, including the
completion of all sanctions imposed.
Complaints
When the Title IX Coordinator/DHR Administrator receives a Complaint, they will determine
whether to open an investigation after making a preliminary inquiry into the allegations. An
investigation may not be warranted where the reported information does not allege facts with
65
enough specificity or include conduct that would, even if true, constitute a violation of the
Nondiscrimination Policy. These determinations will be documented in writing by the Title IX
Coordinator/DHR Administrator and maintained in accordance with systemwide records retention
policies.
When more than one Complainant or more than one Respondent is involved, references in these
Procedures to a Party, Complainant, or Respondent include the plural, as applicable.
Complaints Accepted for Investigation
Within 10 Working Days of the date of an intake meeting or receipt of a request for investigation
from the Complainant (whichever is later), or making a determination that an investigation is
necessary without a request from or participation by the Complainant, the Title IX
Coordinator/DHR Administrator will send a Notice of Investigation to the Complainant and
Respondent.
Complaint Not Accepted for Investigation
If the Title IX Coordinator/DHR Administrator determines that the Complaint does not allege a
violation of the Nondiscrimination Policy, the Title IX Coordinator/DHR Administrator will, within
10 Working Days of the date of the intake or receipt of a written request for investigation
(whichever is later), notify the Complainant in writing that the Complaint will not be investigated
without further information. The Title IX Coordinator/DHR Administrator may refer the Complaint
to another campus office if appropriate and will notify the Complainant of any referral. The Title IX
Coordinator/DHR Administrator will retain a record of the Complaint, the written determination
and any referrals made to another campus office.
Discretionary Dismissal
At any time after a Complaint has been accepted for investigation, it is within the discretion of the
Title IX Coordinator/DHR Administrator to dismiss a Complaint, or any part of a Complaint, if:
a. The Complainant notifies the Title IX Coordinator/DHR Administrator in writing that they
would like to withdraw the Complaint or any part of it, or
b. If the specific circumstances prevent the University from reasonably gathering evidence
necessary to reach a determination as to the Complaint or part of the Complaint.
Dismissal of a Complaint - Applies only to Complaints of Sex-based Harassment
The Title IX Coordinator/DHR Administrator may dismiss a Complaint of Sex-based Harassment if:
a. The University is unable to identify the Respondent after taking reasonable steps to do so;
b. The Respondent is not participating in the University's education program or activity and is
not employed by the University;
c. The Complainant voluntarily withdraws any or all of the allegations in the Complaint, the
Title IX Coordinator/DHR Administrator declines to initiate a Complaint, and the University
determines that, without the Complainant's withdrawn allegations, the conduct that
remains alleged in the Complaint, if any, would not constitute Sex-based Harassment even
if proven; or
d. The University determines the conduct alleged in the Complaint, even if proven, would not
constitute Sex-based Harassment. Before dismissing the Complaint, the University will
make reasonable efforts to clarify the allegations with the Complainant. Complaints that
are dismissed on this basis may be referred to another process or another campus office
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for review under other potentially applicable policies or codes of conduct (such as the
grade appeal process, student code of conduct, employee grievance procedures, ADA
process, to be addressed as unprofessional conduct, etc.).
When a complaint is dismissed, the University will promptly notify the Complainant of the basis
for the dismissal in writing. If the dismissal occurs after the Respondent has been notified of the
allegations, then the University will also notify the Respondent of the dismissal in writing and the
basis for it. When a Complaint is dismissed, the University will, at a minimum:
a. Offer Supportive Measures to the Complainant as appropriate;
b. If the Respondent has been notified of the allegations, offer Supportive Measures to the
Respondent as appropriate; and
c. Take other prompt and effective steps, as appropriate, through the Title IX
Coordinator/DHR Administrator to ensure that Sex-based Harassment does not continue or
recur within the University's education program or activity.
The University will notify the Complainant that a dismissal may be appealed and will provide the
Complainant with an opportunity to appeal the dismissal of a Complaint. If the dismissal occurs
after the Respondent has been notified of the allegations, then the University will also notify the
Respondent that the dismissal may be appealed. Dismissals may be appealed on the following
bases:
a. Procedural irregularity occurred that would have likely changed the outcome of the
decision to dismiss;
b. New evidence that was not reasonably available at the time of the dismissal and would
have likely changed the outcome of the decision to dismiss; or
c. The Title IX Coordinator, investigator, or decision-maker had a conflict of interest or bias
for or against Complainants or Respondents generally or the individual Complainant or
Respondent that would change the outcome.
Appeals will be submitted to the Civil Rights Appeals Unit at the Chancellor's Office and will be
addressed to:
Civil Rights Appeals Unit
Office of the Chancellor
401 Golden Shore
Long Beach, CA 90802
CO-Ap[email protected]
1. If a Party is unable to submit an appeal or a response to an appeal electronically, they
should contact the campus Title IX Coordinator/DHR Administrator for assistance.
2. When an appeal is submitted, the Civil Rights Appeals Unit will notify the other Party and
the campus Title IX Coordinator/DHR Administrator in writing. The non-appealing Party
may submit a written statement in support of or challenging the dismissal no later than 5
Working Days after the notice of appeal. Within 10 Working Days of the Civil Rights
Appeals Unit's receipt of the appeal, the Civil Rights Appeals Unit will notify the Parties (via
email and at the same time) of its decision.
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3. The Civil Rights Appeals Unit will not consider evidence that was not introduced to the
campus during the Complaint review process unless the new evidence was not reasonably
available at the time of the Complaint review.
4. The Civil Rights Appeals Unit has discretion to extend the timelines for the dismissal
appeal process for good cause or for any reasons deemed to be legitimate by the Civil
Rights Appeals Unit. This includes the time for filing an appeal and the time for the Civil
Rights Appeals Unit to respond to the appeal. The Civil Rights Appeals Unit will notify the
Parties and the Title IX Coordinator/DHR Administrator of any extensions of time granted
pertaining to any portion of the appeal process.
5. The Civil Rights Appeals Unit appeal response is final and concludes the discretionary
dismissal process under these Procedures.
Consolidation
The University may consolidate Complaints of Discrimination, Harassment, or Retaliation against
more than one Respondent, or by more than one Complainant against one or more Respondents,
or by one Party against another Party, when the allegations of Discrimination, Harassment, or
Retaliation arise out of the same or substantially similar facts or circumstances. The Title IX
Coordinator/DHR Administrator will determine whether a Complaint should be consolidated
(subject to FERPA and other applicable privacy laws). In addition, during the course of the
investigation, the investigation may reveal the existence of additional or different violations of the
Nondiscrimination Policy, which may also be consolidated following notification to the Parties.
Depending on the timing and circumstances, the Title IX Coordinator/DHR Administrator retains
discretion to resolve Complaints using the same investigator or following the resolution of the
initial Complaint, such as through appropriate Disciplinary Sanctions.
Student Grade Appeals
Grade appeals that allege a violation of the Nondiscrimination Policy proceed under the campus
procedures per
CSU Grading, Repetition of Courses, Academic Renewal, and Appeals Policy
(or
any superseding policy)
and
under these Procedures as follows:
1. The Student will promptly request a grade appeal and note that the grade appeal
procedure should be paused until such time as the campus investigation and any appeal
process under these Procedures have concluded.
2. The determination whether a violation occurred under the Nondiscrimination Policy will be
provided to the campus grade appeal committee, and the committee will be bound by the
determination when the grade appeal process resumes.
Alternative Resolution Process
Informal Resolution
The Parties may voluntarily choose to participate in an informal resolution process to resolve an
alleged violation of the Nondiscrimination Policy. The filing of a formal Complaint is not required
to initiate the informal resolution process.
General Principles
The Title IX Coordinator / DHR Administrator has discretion to determine whether it is appropriate
to offer an informal resolution process and may decline to allow informal resolution despite the
request of one or more of the Parties. Circumstances when the Title IX Coordinator/DHR
Administrator may decline to allow informal resolution include but are not limited to:
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i. When they determine that the alleged conduct would present a future risk of harm to
others.
ii. When the Complaint involves allegations made by a Student against an Employee.
Informal resolution in these cases is generally discouraged and may be permitted with the
approval of the Systemwide Director for Civil Rights assigned to the University following a
request by the Title IX Coordinator/DHR Administrator. In addition, any informal resolution
agreement between a Student and an Employee will be reviewed by the assigned
Systemwide Director for Civil Rights prior to being finalized.
The Title IX Coordinator/DHR Administrator will conduct or oversee the informal resolution
process and conduct an initial and on-going assessment as to whether the process should
continue.
Prior to approving an informal resolution, the Title IX Coordinator/DHR Administrator will consult
with the appropriate administrator responsible for discipline.
The Title IX Coordinator/DHR Administrator will make the final determination on all informal
resolution processes regarding whether the terms agreed to by the Parties are appropriate
considering all of the circumstances of the Complaint.
When the informal resolution process is offered, and to the extent necessary, the Title IX
Coordinator/DHR Administrator will also take other appropriate prompt and effective steps to
ensure that the alleged violations of the Nondiscrimination Policy do not continue or recur within
the University's education programs, activities, or employment.
Neither Party will be required or pressured to participate in an informal resolution process. The
Title IX Coordinator/DHR Administrator must obtain the Parties' voluntary written consent to
participate in the informal resolution process and must not require waiver of the right to an
investigation and determination of a Complaint as a condition of enrollment or continuing
enrollment, employment or continuing employment, or exercise of any other right.
The person facilitating the informal resolution process must not be the same person as the
Investigator or the Hearing Officer in the formal complaint resolution process. A Title IX
Coordinator/DHR Administrator may facilitate the informal resolution process. When the Title IX
Coordinator/DHR Administrator facilitates the informal resolution process, they cannot serve as the
Investigator. In addition, any informal resolution agreements facilitated by the Title IX
Coordinator/DHR Administrator must be signed by the assigned Systemwide Director for Civil
Rights.
The person facilitating the informal resolution process must not be the same person as the
Investigator or the Hearing Officer in the formal complaint resolution process. A Title IX
Coordinator/DHR Administrator may facilitate the informal resolution process. When the Title IX
Coordinator/DHR Administrator facilitates the informal resolution process, they cannot serve as the
Investigator. In addition, any informal resolution agreements facilitated by the Title IX
Coordinator/DHR Administrator must be signed by the assigned Systemwide Director for Civil
Rights.
Any person facilitating an informal resolution process will receive appropriate training and must
be free from a conflict of interest or bias for or against Complainants or Respondents generally or
an individual Complainant or Respondent.
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Notice of informal Resolution Process
Before beginning the informal resolution process, the Title IX Coordinator/DHR Administrator will
explain in writing to the Parties:
a. The allegations;
b. The requirements of the informal resolution process;
c. That any Party has the right to withdraw from the informal resolution process and begin or
continue with the formal complaint resolution process at any time before agreeing to a
resolution;
d. The Parties' right to consult with an Advisor;
e. Any resolution must be in writing and signed by both Parties and the Title IX
Coordinator/DHR Administrator;
f. That if the Parties agree to a resolution at the end of the informal resolution process, they
cannot begin or continue with the formal complaint process in relation to the same
allegations;
g. The potential terms that may be requested or offered in an informal resolution agreement,
including notice that an informal resolution agreement is binding only on the Parties; and
h. What information the University will maintain and whether and how the University could
disclose such information for use in the formal complaint resolution process if such
procedures begin or resume.
Potential Terms
Potential terms that may be included in an informal resolution agreement include, but are not
limited to:
a. Apology, written or verbal;
b. Relocation or removal from a residence hall or other University provided housing, subject
to availability;
c. Changes in academic arrangements, such as changing class sections or locations;
d. Changes in work schedules or locations;
e. Limitations on or agreements related to participation in and/or presence in/at events,
extracurricular activities, student organizations, recreational facilities, athletics, etc.
f. Participation in and/or successful completion of alcohol or drug education or counseling;
g. Participation in counseling services for mental or behavioral health;
h. Participation in specific educational opportunity or training;
i. Voluntary educational, mentoring, coaching, or counseling sessions, which may or may
not include stipulations, such as proof of successful completion or statement of active
participation from the mentor / coach / counselor;
j. Verbal counseling or warnings;
k. Collaborative agreements on behavioral or institutional changes;
l. No-contact directives, or other restrictions on contact, communication, and/or interactions
between the Parties;
m. Restrictions on Respondent's movement or access to specific locations at the University;
n. Alternative seating arrangements for graduation;
o. Complainant sharing of an impact statement with the Respondent;
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p. Admission or acceptance of responsibility for causing harm and/or the alleged conduct;
q. Community service;
r. Voluntary participation in formal disciplinary action for Respondent;
s. Restrictions on the Respondent's participation in one or more University programs or
activities or attendance at specific events, including restrictions the University could have
imposed as Remedies or Disciplinary Sanctions had it determined at the conclusion of the
formal complaint resolution process that a violation of the Nondiscrimination Policy
occurred; or
t. Other mutually agreed upon outcomes or resolutions.
Any agreed-upon Remedies and Disciplinary Sanctions agreed to in an informal resolution have
the same effect as Remedies given and Disciplinary Sanctions imposed following an investigation
or hearing.
Timeframe
The informal resolution process may take place at any time before a determination of
responsibility is made, but no later than 60 Working Days after both Parties provide voluntary,
written consent to participate in the informal resolution process. The Parties and the Title IX
Coordinator / DHR Administrator may agree to one or more extensions of the 60 Working Day
deadline, which will be confirmed in writing. The timeline of the formal complaint resolution
process will be paused during the pendency of any informal resolution process.
Written Agreement-Not Subject to Appeal
The terms of any informal resolution must be in writing and signed by the Parties and the Title IX
Coordinator/DHR Administrator. Use of electronic signatures is permitted. A signed agreement to
an Informal Resolution is final and is not appealable by either Party.
Restrictions on Mediation Between the Parties
Mediation between the Parties cannot be used, even on a voluntary basis, to resolve Sexual
Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, or Stalking Complaints.
Acceptance of Responsibility
The Respondent may, at any time during the investigation or hearing process, prior to an
Investigator or Hearing Officer issuing their determination, choose to accept responsibility for the
alleged conduct prohibited under the Nondiscrimination Policy.
Before a Respondent accepts responsibility for the alleged misconduct, the Title IX Coordinator /
DHR Administrator or designee will discuss with the Respondent that the matter will be referred to
the University president or designee for a decision regarding an appropriate Disciplinary Sanction,
and that the acceptance of responsibility could – but will not necessarily – be regarded as a
mitigating factor that results in less severe sanctions.
Acceptance of responsibility will only be recognized if the Respondent accepts responsibility by
signing a written document prepared by the Title IX Coordinator / DHR Administrator that
describes the range of Disciplinary Sanctions that the president or designee will consider in
reaching a decision about Disciplinary Sanctions.
If the Respondent has accepted responsibility in writing, the Title IX/DHR office will issue a brief
written summary of the allegations and a statement that the Respondent has accepted
responsibility. The written summary will be sent to both the Complainant and the Respondent.
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Within 5 Working Days of receiving the written summary from the Title IX/DHR Office, each Party
may submit to the Title IX Coordinator / DHR Administrator an impact statement or other
statement regarding discipline that is no more than 2000 words in length. The document is an
opportunity for each Party to suggest disciplinary outcomes and to provide information that they
believe is important for the president or designee to consider when reaching a sanction decision.
The Student Conduct Administrator and/or Title IX Coordinator / DHR Administrator will also
submit a written statement regarding aggravating and mitigating factors (that is, factors that
would warrant a more severe or less severe sanction), including whether the Respondent was
previously found to have violated the Standards for Student Conduct or the Nondiscrimination
Policy. These written statements will be provided to the president or designee who will decide an
appropriate sanction.
The Parties may appeal the sanction only on the grounds that the sanction(s) imposed was
objectively unreasonable, or arbitrary based on the conduct for which the Respondent accepted
responsibility. The appeal process will otherwise be in accordance with Appeals Procedures below
(pg. 95).
Where there is an acceptance of responsibility regarding some but not all of the alleged conduct,
the investigation and hearing process will continue to conclusion, unless otherwise resolved
through Informal Resolution
Investigations-The Formal Complaint Resolution Process
Purpose of the Investigation and Resolution Process
The investigation and resolution of Complaints under these Procedures is not intended to be an
adversarial process between the Complainant, the Respondent, and witnesses. Rather, it is a
process and opportunity for the University to educate students, provide an environment free from
Discrimination, Harassment, and Retaliation, and comply with its obligations under law. The
University will provide for adequate, reliable, and impartial investigation of Complaints. The
University will treat Complainants and Respondents equitably.
Cooperation in the Investigation Process
All Employees, and Students who are not Parties to the Complaint, are required to cooperate with
the investigation and other processes set forth in these Procedures, including but not limited to,
attending meetings and interviews, and being forthright and honest during the process.
Written Notice
The University will provide a Party whose participation is invited or expected, written notice of the
date, time, location, participants, and purpose of all meetings or proceedings with sufficient time
for the Party to prepare to participate.
Prohibition on Retaliation
The University strictly prohibits Parties or witnesses from engaging in Retaliation against anyone
for reporting or filing a Complaint, assisting or participating in an investigation or hearing,
interfering with a Party's or witness's rights or privileges under the Nondiscrimination Policy, or
for assisting someone else in reporting or opposing conduct prohibited by the Nondiscrimination
Policy. Any acts of Retaliation are subject to disciplinary action.
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Privacy
The University will take reasonable steps to protect the privacy of the Parties and witnesses,
including ensuring compliance with the Family Educational Rights and Privacy Act (FERPA) and
other applicable privacy laws. During the formal complaint resolution process, beginning with the
Notice of Investigation and concluding when the deadline for an appeal has passed or the Civil
Rights Appeals Unit has issued its final response, the Parties and witnesses are prohibited from
using or disclosing the information or records obtained through the formal complaint resolution
process. This prohibition shall not restrict the ability of the Parties to obtain and present evidence,
including by speaking to witnesses, consulting with family members, confidential resources, or
Advisors, or otherwise preparing for or participating in the formal complaint resolution process.
These restrictions also do not apply to information learned through other means, such as personal
experience, or to disclosures made during another administrative proceeding or through litigation.
For especially sensitive materials, including but not limited to recordings and medical records, the
University will provide such records for viewing or inspection only -- and not for copying or
possessing. The Parties and their Advisors may be asked to sign written acknowledgements
agreeing to these restrictions on disclosure and re-disclosure. Whether or not such
acknowledgements are signed, violations of these prohibitions, including disregarding any
restrictions on the use of records (such as re-disclosing records to unauthorized individuals or
copying records that are provided for viewing only), may subject a Student or Employee to
discipline.
Standard and Burden of Proof
The standard of proof for hearings and investigations under these Procedures is the
Preponderance of the Evidence. Preponderance of the Evidence is a standard of proof that
determines whether alleged conduct more likely than not occurred based on the evidence
presented or facts available at the time of the decision. The responsibility is not on the Parties –
but on the University — to conduct an investigation that gathers sufficient evidence to determine
whether Discrimination, Harassment, or Retaliation occurred. The Complainant does not have the
burden to prove, nor does the Respondent have the burden to disprove, the underlying allegation
or allegations of misconduct. The University presumes that the Respondent is not responsible for
the alleged conduct until a determination is made at the conclusion of the formal complaint
resolution process.
Role of the Title IX Coordinator / DHR Administrator in the Investigation Process
The Title IX Coordinator/DHR Administrator will either investigate the Complaint or assign this task
to an Investigator. If assigned to an Investigator, the Title IX Coordinator/DHR Administrator will
supervise and oversee the investigation, including reviewing all draft investigation reports before
they are final to ensure that the investigation complies with these Procedures. If the Title IX
Coordinator/DHR Administrator investigates the Complaint, a Systemwide Director or other
appropriately trained administrator will review all draft investigation reports in the place of the
Title IX Coordinator/DHR Administrator.
Neutrality of Process
The University requires that any Title IX Coordinator/DHR Administrator, investigator, or
decisionmaker not have a conflict of interest or bias for or against Complainants or Respondents
generally or an individual Complainant or Respondent. A decisionmaker may be the same person
as the Title IX Coordinator/DHR Administrator or investigator. The Title IX Coordinator/DHR
Administrator will take affirmative steps to ensure that anyone involved in conducting
investigations, finding facts, and making disciplinary decisions in a matter will be impartial,
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neutral, and free from actual conflicts of interest. A conflict of interest exists if a person has a
personal relationship with one of the Parties or witnesses, has a reporting employment
relationship with a Party, or has demonstrated actual bias towards a Party or witness or towards
Complainants or Respondents in general. Mere belief or opinion does not constitute evidence of
bias or conflict of interest.
Investigation Where a Respondent Does Not Participate
The Respondent will not be found to have violated the Nondiscrimination Policy solely because the
Respondent did not participate in the investigation or hearing process. Nor will the Respondent be
found not to have violated the Nondiscrimination Policy solely because a Complainant or other
witness did not participate in the investigation or hearing process.
Timeframe, Extensions, and Status Updates
The University has established the following timeframes for the major stages of the formal
complaint resolution process:
Stage
Timeframe
Complaint accepted or not accepted for
investigation
Within 10 Working Days of the date of the
intake or receipt of a written request for
investigation (whichever is later)
Investigation – Review of Evidence Response
Submission
10 Working Days from date Preliminary
Investigation Report sent to Parties
Investigation – Final Investigation Report
100 Working Days from the date the Notice of
Investigation is sent to Parties
Notice of Hearing
At least 20 Working Days prior to date of
hearing
Hearing Officer’s Decision Report
15 Working Days from end of hearing
Final Decision from President or Designee
10 Working Days from receipt of Hearing
Officer’s sanction recommendation
Appeal Submission
10 Working Days from date Notice of
Investigation Outcome (non-hearing) or Final
Decision (hearing) is sent to the Parties
Appeal Determination
30 Working Days after receipt of the written
appeal
The University has also established the following process that allows for the reasonable extension
of timeframes in these Procedures on a case-by-case basis for good cause. A Party, Investigator,
and/or Hearing Officer may request a reasonable extension of the timeframes in these Procedures
at any time from the Title IX Coordinator/DHR Administrator. The Title IX Coordinator/DHR
Administrator may also initiate a reasonable extension of the timeframes in these Procedures at
any time. For an extension to be granted, the following process must be followed:
1. Good cause for the extension must exist. Good cause may include:
a) To ensure the integrity and thoroughness of the investigation;
b) The reasonable absence of a Party, Party's advisor, or witness;
c) To comply with a request by law enforcement, including a concurrent law enforcement
investigation;2
d) Based on the need to provide language assistance, disability accommodations, or other
modifications to allow the full participation of a Party or witness;
e) Academic breaks or exam periods;
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f) A particularly complex investigation or hearing process, such as one involving multiple
Complainants, multiple Respondents, a large number of witnesses, voluminous
evidence, or length of the written record;
g) The severity and extent of the alleged misconduct; or
h) Other extenuating or unforeseen circumstances that are not within the control of the
University, Party, witnesses, Investigator, or Hearing Officer.
1. The Title IX Coordinator/DHR Administrator is the final decision-maker with respect to all
extensions
2. The Parties receive written notice from the Title IX Coordinator/DHR Administrator or
designee that an extension is necessary and an explanation for the delay. The notice will
indicate if the extension alters the timeframes for the major stages of the Complaint
process and provide a new estimated timeline.
Requests for Extensions
While requests for delays by the Parties and witnesses may be considered, the University cannot
unduly or unreasonably delay the prompt resolution of a Complaint under the Nondiscrimination
Policy.
a. Students – As required by California law, the Title IX Coordinator/DHR Administrator will
not unreasonably deny a Student Party's request for an extension during periods of
examinations or academic breaks.
b. Employees – The fact that an Employee is off contract or between semesters, without
more, does not excuse an Employee from their expected participation in the Complaint
resolution process.
Status Updates
In addition to the communications at each major stage of the process, the University will provide a
status update to the Complainant and Respondent every 30-days, beginning from the date that the
Notice of Investigation is issued until the Notice of Investigation Outcome or Final Decision is
issued to the Parties, unless a Party requests in writing not to receive these updates.
a. For cases of Sex-based Harassment, the Title IX Coordinator/DHR Administrator shall notify
the Complainant of any Disciplinary Sanctions imposed against a Respondent.
b. The Civil Rights Appeals Unit will provide status updates to the Parties and Title IX
Coordinator/DHR Administrator as required by the timelines in these Procedures.
c. In addition, either Party may, at any time, request from the Title IX Coordinator/DHR
Administrator a status updates regarding investigation, hearing, and appeal timeframes.
Reasonable Accommodations
Any person with a Disability who seeks reasonable accommodations to participate in the
Complaint submission or investigation process will be referred to the appropriate campus
administrator (for Students, the services for students with disabilities administrator, and for
Employees the appropriate human resources administrator) who may consult with the Title IX
Coordinator/DHR Administrator to determine the reasonableness of a requested accommodation.
Notices of Investigation
The University will prepare Notices of Investigation for the Parties upon initiation of the formal
complaint resolution process. The Notices of Investigation must be issued to the Parties in writing,
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at the same time, and with sufficient time and information for the Parties to prepare a response
before any initial interview. A Notice of Investigation must include the following information:
a. An overview summary of the Complaint allegations (e.g., "who," "what," "when,"
and "where"), including the identities of the Parties, the conduct alleged to
constitute Discrimination, Harassment, or Retaliation, and the date(s) and
location(s) of the alleged incident(s);
b. A copy of, or internet link to, these Procedures and the Nondiscrimination Policy, as
well as a summary of the alleged Nondiscrimination Policy violations;
c. A summary of the Nondiscrimination Policy formal complaint resolution process,
including the right to appeal and the informal resolution process;
d. That Retaliation is prohibited;
e. The Respondent is presumed not responsible for the alleged conduct until a
determination is made at the conclusion of the formal complaint resolution
process. Prior to such a determination, the Parties will have an opportunity to
provide Relevant evidence to a trained, impartial decisionmaker (Investigator or
Hearing Officer);
2. The estimated timeline for completion of the investigation;
3. Information regarding counseling and other Supportive Measures;
4. The Parties may have one Advisor of their choice who may be, but is not required to be, an
attorney or union representative;
5. The Parties will have an equal opportunity to access the Relevant and not otherwise
impermissible evidence used in the investigation;
6. A statement that the Complainant and Respondent will have equal opportunities to identify
Relevant witnesses and evidence in connection with the investigation and at any hearing,
including the ability to:
a. Submit documentary information to the Investigator;
b. Submit a list of potential witnesses to the Investigator; or
c. Request that the Investigator attempt to collect additional relevant evidence;
7. A statement that any evidence available, but not disclosed during the investigation might
not be considered in any findings made, including at any hearing, and likely will not be
considered for purposes of appeal;
8. A statement that the Standards for Student Conduct prohibits furnishing false information
to a University official, faculty member, or campus office;
9. A statement that the Complainant and Respondent will be provided with periodic status
updates in accordance with the timelines established in these Procedures; and
10. A statement regarding the possible range of Disciplinary Sanctions. If new but related
allegations are raised during the investigation that are materially different from those
described in the Notice of Investigation, the Title IX Coordinator / DHR Administrator will
issue a revised Notice of Investigation to the Parties, along with a corresponding revised
timeline for completion, if appropriate.
Respondent Initial Meeting
In the Notice of Investigation, the Title IX Coordinator/DHR Administrator will offer to have an
initial meeting with the Respondent. This meeting is not intended to be investigatory in nature. At
this meeting, the Title IX Coordinator / DHR Administrator will explain the allegations against the
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Respondent, as well as the investigation process and the Respondent's rights during the process.
The Title IX Coordinator/DHR Administrator will also explain that during the investigation process
the Respondent and the Complainant will have the opportunity to present evidence, identify
witnesses, and review evidence.
Gathering Evidence
During the investigation, the Investigator will take reasonable steps to gather all Relevant evidence
from the Parties, witnesses, or other sources, including interviews with the Complainant, the
Respondent, and Relevant witnesses. The University will provide an equal opportunity for the
Parties to present fact witnesses and other inculpatory (meaning that it shows or tends to show a
person's involvement in the alleged conduct) and exculpatory (meaning that it shows or tends to
show that a person was not involved in the alleged conduct) evidence that is Relevant. The
Investigator will interview the Parties and Relevant witnesses and review documents and physical
evidence. As appropriate to the investigation, the Investigator may conduct follow-up interviews or
request responses to questions in writing.
Opportunity to Submit Evidence and Identify Witnesses
The Complainant and Respondent will be asked to identify witnesses and provide other Relevant
information, such as documents, communications, and other available evidence. The Parties are
encouraged to provide all Relevant information as soon as possible to facilitate a prompt
resolution to the Complaint. The Investigator may receive any information presented by the
Parties, but the Investigator, not the Parties, is responsible for gathering Relevant evidence. If a
Party or witness declines to voluntarily provide material information or delays in doing so, the
University's ability to conduct a prompt, thorough, and equitable investigation may be impacted.
The University will not restrict the ability of either Party to discuss the allegations under
investigation or to gather and present Relevant evidence. Parties and witnesses must not engage
in actions that could be considered Retaliation, including confronting, threatening, intimidating,
attempting to influence, or otherwise taking inappropriate actions against any Party, witness, or
anyone else participating in the investigation or hearing process. The Investigator will document
the steps taken to gather evidence, even when those efforts are not successful.
Bases for Declining a Request to Gather Evidence
The Investigator will gather evidence and ask questions proposed by the Parties, except as follows:
a. The Investigator determines that the questions are repetitive, irrelevant, or harassing.
b. The request seeks information that can be reasonably and adequately obtained by the
requesting Party from other independent or publicly available sources.
c. The burden of obtaining the information is likely to substantially outweigh the benefit that
the evidence bears on a disputed issue.
d. The requested information can be reasonably obtained through other means less likely to
intrude on a person's privacy.
Investigations Involving Allegations of Sex Discrimination
The University will review all evidence gathered through the investigation and determine what
Relevant evidence may be considered. Questions are Relevant when they seek evidence that may
aid in showing whether or not the alleged conduct occurred, and evidence is Relevant when it may
aid a decisionmaker in determining whether or not the alleged conduct occurred.
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1. Impermissible evidence is evidence that is not allowed to be accessed, considered, or
otherwise used by the University, except to determine if one of the exceptions listed below
applies. The following types of evidence, and questions seeking that evidence, are
impermissible, regardless of whether they are Relevant:
a. Evidence protected by a privilege recognized by state or federal law (unless waived by
the Party or witness holding the privilege);
b. A Party's or witness's private medical records maintained by a physician, psychologist,
or other recognized professional or paraprofessional (unless the Party or witness
voluntarily consents to its use in writing); or
c. Evidence that relates to the Complainant's or Respondent's sexual interests or prior or
subsequent sexual conduct (unless offered to prove someone other than the
Respondent committed the alleged conduct or offered to prove how the Parties
communicated consent in prior or subsequent consensual, sexual relations).
i. Where the Investigator allows consideration of evidence about a dating
relationship or prior or subsequent consensual sexual relations between the
Complainant and the Respondent, the fact that the Complainant and
Respondent engaged in other consensual sexual relations with one another is
never sufficient, by itself, to establish that the conduct in question was
consensual.
ii. Prior consensual, sexual conduct between the Complainant and the Respondent
does not prevent the University from finding that the conduct alleged in the
Complaint constitutes Sex-based Harassment or otherwise violates the
Nondiscrimination Policy.
2. Before allowing the consideration of any evidence of sexual history of the Complainant or
the Respondent under this section, the Investigator will provide a written explanation to
the Parties as to why consideration of the evidence is permissible under this section.
Expert Witnesses
In rare cases, an Investigator may need to consult medical, forensic, technological, or other experts
when expertise on a topic is needed to achieve a fuller understanding of the issues under
investigation. In such cases, the Investigator must consult with the Title IX Coordinator/DHR
Administrator prior to engaging an expert witnesses.
Preliminary Investigation Report
The University will provide each Party and the Party's Advisor, if any, with an equal opportunity to
access the evidence that is relevant to the allegations of Discrimination, Harassment, or Retaliation
and not otherwise impermissible evidence.
Before finalizing the investigation, the Investigator will share with the Complainant and
Respondent a preliminary investigation report, along with all Relevant evidence gathered. The
preliminary investigation report will list any evidence offered by the Parties or any other witnesses
that the Investigator concluded are not Relevant. This evidence will be available for review upon
request. The preliminary investigation report will:
a. Describe the allegations.
b. Describe the investigative process to date.
c. Set forth the relevant policy language and the Preponderance of Evidence Standard.
d. Describe the evidence presented and considered.
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e. Identify the material facts – disputed and undisputed – with explanations as to why any
material fact is disputed.
Access to Preliminary Investigation Report
The Investigator, in consultation with the Title IX Coordinator/DHR Administrator, will use
discretion in determining how to provide the Parties with secure access to the preliminary
investigation report. The University will take reasonable steps to prevent and address the Parties'
and their Advisors' unauthorized disclosure of information and evidence obtained solely through
the formal complaint resolution process.
Review of Evidence
Each Party will be given a reasonable opportunity to respond to the preliminary investigation
report and any attached evidence and ask questions. The opportunity to review and respond to the
preliminary investigation report is known as the "review of evidence" process. The Parties will
have 10 Working Days to review the evidence. Each Party may:
a. Respond to the evidence in writing.
b. Request that the Investigator gather additional evidence or ask specific questions to the
other Party and other witnesses.
c. Identify additional witnesses.
Conclusion of Review of Evidence
The Investigator will share with the Parties the answers to questions posed during the review of
evidence and additional Relevant evidence gathered. This will be shared with all Parties, who may
then respond to any new evidence and ask questions. The Investigator determines when it is
appropriate to conclude the review of evidence process.
Final Investigation Report
Final Investigation Report (Hearing Required)
In matters where a hearing is not required, a final investigation report will be provided to the
Parties along with a Notice of Investigation Outcome.
a. The final investigation report will include:
i. A summary of the allegations,
ii. The investigation process,
iii. The Preponderance of the Evidence standard,
iv. A detailed description of the evidence considered,
v. Analysis of the evidence including relevant credibility evaluations,
vi. Appropriate findings, and
vii. Relevant exhibits and documents attached to the written report.
b. The Notice of Investigation Outcome will attach the final investigation report and include
the following:
i. A summary of the allegations and the investigative process.
ii. That the Preponderance of the Evidence standard was employed.
iii. A summary of the findings of fact.
iv. A determination as to whether the Nondiscrimination Policy was violated, and if so,
any Remedies to be afforded to the Complainant.
v. Notice of Parties' right to appeal under these procedures.
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c. The notice will usually be delivered to the Parties electronically. If the notice includes a
determination that there was a violation of the Nondiscrimination Policy, the Title IX
Coordinator/DHR Administrator will notify the appropriate University administrator
responsible for discipline of the investigation outcome and provide a copy of the final
investigation report. This notice will include the appeal rights available to the Respondent
prior to the initiation of any Disciplinary Sanctions.
Final Investigation Report (Hearing Not Required)
The final investigation report will include all of the information included in the preliminary
investigation report as well as additional Relevant evidence received during the review of
evidence. Any relevant evidence provided by the Parties or witnesses, or otherwise gathered by
the Investigator, will be attached to the final investigation report, or made available for review by
the Parties. Evidence offered by the Parties or any other witnesses that the Investigator concluded
is not Relevant will be noted but not included in the final investigation report and should be
available at the time of the hearing such that it can be provided to the Hearing Officer if requested.
Hearings
As part of the formal complaint resolution process for Sex-based Harassment cases, the CSU will
provide a live hearing that enables the decisionmaker – “the Hearing Officer” – to question the
Parties and witnesses to assess a Party’s or witness’s credibility to the extent credibility is both in
dispute and relevant to evaluating one or more allegations.
A hearing will be provided when:
1. Both Parties are Students, or either the Complainant or Respondent is a Student; AND
2. The Complaint includes allegations of Sex-based Harassment. The Complainant and
Respondent will be treated equitably throughout the pre-hearing and hearing processes.
Privacy
The University will take reasonable steps to protect the privacy of the Parties and witnesses during
the hearing process, provided that the steps do not restrict the ability of the Parties to obtain and
present evidence, including by speaking to witnesses (subject to the University’s prohibition on
Retaliation), consulting with their family members, confidential resources, or Advisors, or
otherwise preparing for or participating in the process.
Pre-Hearing Schedule and Response Deadlines:
Role of the Hearing Coordinator
The Hearing Coordinator (either the student conduct administrator, Title IX Coordinator, or other
appropriate administrator) is the person responsible for coordinating the hearing process. The
Hearing Coordinator will act as liaison between the Parties and the Hearing Officer on procedural
matters and therefore may not be the Investigator assigned to the matter. The Hearing Coordinator
may appropriately delegate administrative tasks but should have overall supervision of the hearing
coordination process.
Notice of Hearing-20 Working Days Prior to Hearing
The Parties will be sent a written notice of the hearing at least 20 Working Days before the hearing.
The notice will include the date, time, location, and purpose of the hearing as well as the name of
the Hearing Officer. The notice is considered received on the date it is sent.
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Submission of Proposed Witness List
No later than 15 Working Days before the hearing, each Party will provide to the Hearing
Coordinator a proposed witness list that includes the names of, and current contact information
for, that Party's proposed witnesses as well as an explanation of the relevance of each proposed
witness' testimony.
Information Regarding Advisors and Support Persons
A Party may be accompanied at the hearing by one Advisor (for consultation) and one Support
Person (for emotional support) of their choice. No later than 15 Working Days before the hearing,
the Parties will provide to the Hearing Coordinator the name of, and contact information for, the
Party's Advisor and Support Person (if any).
Objections to the Hearing Officer
A Hearing Officer will not have a conflict of interest or bias for or against complainants or
respondents generally or an individual Complainant or Respondent. Objections to the assigned
Hearing Officer will be made in writing to the Hearing Coordinator no later than 15 Working Days
before the hearing.
a) The objection may only be based on an actual conflict of interest. An actual conflict of
interest exists if the Hearing Officer has a personal relationship with one of the Parties or
witnesses or has demonstrated actual bias towards a Party or witness, or complainants or
respondents generally.
b) The fact that the Hearing Officer has previously served as a hearing officer in a University
proceeding is not a conflict of interest. Mere belief or opinion does not constitute evidence
of actual bias or conflict of interest.
c) The Hearing Coordinator will determine if there is a conflict of interest. In that event, the
Parties will be notified in writing of the name of the new Hearing Officer. The date for the
hearing may need to be rescheduled. Any objection to the new Hearing Officer will be
made following the same process described above.
Location of Hearing-15 Working Days Prior to Hearing
Generally, the University will conduct hearings with the Parties physically present in separate
locations using videoconferencing technology that allows the Hearing Officer and the Parties to
simultaneously see and hear the Party or witness while that person is speaking. Any objections
from a Party about being out of the physical presence of the Hearing Officer will be made in
writing no later than 15 Working Days before the hearing.
Space and Technology Needs
Any Party who anticipates that they will not have a private space from which to participate in the
hearing and/or technology access, including a reliable internet connection, should notify the
Hearing Coordinator no later than 15 Working Days before the hearing so that the Hearing
Coordinator can assist with appropriate arrangements for a private on-campus space and
technology access.
Disability Accommodations
Any Party who requires a disability accommodation to facilitate their full participation in the
hearing should notify the Hearing Coordinator no later than 15 Working Days before the hearing.
The Hearing Coordinator will refer such requests to the appropriate campus administrator (for
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Students, the services for students with disabilities administrator, and for Employees the
appropriate human resources administrator), who may consult with the Hearing Coordinator to
determine the reasonableness of a requested accommodation.
Notification to Witnesses and Facilitation of Witness Participation
No later than 10 Working Days before the hearing, the Hearing Coordinator will share the witness
list with the Parties and notify each witness of the date, time, and location of or how to access the
hearing.
The campus will direct Employee and Student witnesses to attend the hearing where the witnesses
are timely identified to the Hearing Coordinator.
a. The University will accommodate Student and Employee witnesses, including
arranging for them to be excused from class attendance or work duties where
necessary. Witnesses will be instructed to promptly direct any questions or
concerns about their attendance at the hearing to the Hearing Coordinator.
b. Any Employees, including those in bargaining units, who fail to comply with the
directive may be subject to discipline under the applicable provisions of their
collective bargaining agreement or other University policy.
c. Students who fail to comply may be subject to discipline depending on the
circumstances.
Submission of Proposed Questions
No later than 5 Working Days prior to the hearing, the Parties will submit a list of proposed
questions to the Hearing Coordinator, who will share these with the Hearing Officer. Proposed
questions will not be shared with the other Party or witnesses in advance of the hearing.
Questions/Concerns About the Witness List
No later than 5 Working Days before the hearing, the Parties will submit to the Hearing
Coordinator any objections to, or questions about, the witness list.
Pending Requests
No later than 1 Working Day before the hearing, the Hearing Officer will resolve all pending
requests regarding participation at the hearing. The Hearing Coordinator will give prompt notice to
the Parties (and witnesses) as appropriate.
Role of Hearing Officer in Pre-Hearing Matters
The Hearing Officer will make all determinations regarding pre-hearing matters, including which
witnesses will participate and which questions, if submitted, are Relevant and will promptly notify
the hearing coordinator who, in turn, will promptly notify the Parties. The Hearing Officer may
also identify and request witnesses from the final investigation report not previously listed by the
Parties attend the hearing.
Audio Recording of Hearing
The University will make an official audio recording of the hearing. No other recording of the
hearing is permitted. The recording is University property. The audio recording will be retained by
the University in accordance with the records retention policy. Parties may request to review the
recording.
Hearing Attendees and Participants
1. The following individuals are permitted to attend the hearing:
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2. The Parties
3. The Hearing Office
4. Witnesses while they are answering questions
5. The Title IX Coordinator/DHR Administrator
6. The Hearing Coordinator 6. The Student Conduct Administrator
7. One Advisor per Party
8. One Support Person per Party
9. An appropriate Chancellor’s Office administrator University police or security officer, or
other individuals may be present as necessary for security, technological support,
language assistance or other approved reasonable accommodation but will not participate
in the hearing.
Role of Advisors and Support Persons
The Parties may each be accompanied at the hearing by one Advisor and one Support Person. An
Advisor and Support Person may observe and consult with the Parties. However, during the
hearing, the Advisor and Support Person will not make the opening statement or speak regarding
the substance or the process of the hearing. Parties may make a request to the Hearing Officer for
a break to speak with their Advisor or Support Person.
Party Failure to Appear
If a Party does not appear at the hearing without good cause, the hearing will proceed as
scheduled. Whether good cause exists is determined by the Hearing Officer.
The Respondent will not be found to have violated the Nondiscrimination Policy solely because the
Respondent or other witness failed to appear at the hearing. Nor will the Respondent be found not
to have violated the Nondiscrimination Policy solely because a Complainant or other witness failed
to appear at the hearing.
Participant Conduct
Abusive or otherwise disorderly behavior that causes a material disruption will not be tolerated.
The Hearing Officer may excuse anyone from the hearing (including either Party or their Advisor or
Support Person) whose behavior causes a material disruption. The Hearing Officer, at their
discretion, may postpone the hearing when a participant has been excused. In making this
decision, the Hearing Officer will consider the equity of postponement for both Parties.
New Evidence
Generally, the Parties may not introduce evidence, including witnesses and their statements, at the
hearing that the Party did not identify during the investigation and that was available at the time of
the investigation. The Hearing Officer has discretion to accept for good cause, or exclude, new
evidence offered during the pre-hearing stage or at the hearing.
Opening Statements
Each Party will be given an opportunity to make an opening statement of no longer than 10
minutes. An opening statement is intended to give the Parties the opportunity to share their
perspective regarding the facts and discuss the core disputes in the investigation. It should focus
on the facts of the matter and not be argumentative. The Parties will not make closing statements.
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Questioning
All questions will be asked by the Hearing Officer. The Hearing Officer may ask questions of the
Complainant, Respondent, Investigator, any campus official (e.g., Title IX Coordinator / DHR
Administrator or Student Conduct Administrator), and any witness.
1. The process for proposing and asking Relevant and not otherwise impermissible questions
and follow-up questions of Parties and witnesses, including questions challenging
credibility, will:
a. Allow the Hearing Officer to ask such questions, and
b. Allow each Party to propose such questions that the Party wants asked of any Party or
witness and have those questions asked by the Hearing Officer, subject to the
procedures for evaluating and limiting questions described below.
2. Procedures for the Hearing Officer to evaluate the questions and limitations on questions:
a. The Hearing Officer will determine whether a proposed question is Relevant and not
otherwise impermissible before the question is posed and will explain any decision to
exclude a question as not relevant or otherwise impermissible.
b. Questions that are unclear or harassing of the Party or witness being questioned will
not be permitted.
c. The Hearing Officer will give a Party an opportunity to clarify or revise a question that
the Hearing Officer determines is unclear or harassing. If the Party sufficiently clarifies
or revises the question, the question will be asked.
d. The Parties may also submit written follow-up questions to the Hearing Officer during
the hearing, at appropriate times designated by the Hearing Officer.
e. The Hearing Officer will ask the questions proposed by the Parties except for questions
that:
i. Seek information that is unreasonably duplicative of evidence in the Hearing
Officer's possession;
ii. Are not relevant to material disputed issues, are repetitive, argumentative or
harassing or unduly intrude on a witness' privacy;
iii. Relate to the Complainant’s or Respondent’s sexual interests or prior or
subsequent sexual conduct, unless offered to prove someone other than the
Respondent committed the alleged conduct;
iv. Relate to the existence of a dating relationship or prior or subsequent
consensual sexual relations between the Complainant and the Respondent
unless the evidence is relevant to how the Parties communicated consent in
prior or subsequent consensual sexual relations.
1. Note: If the Hearing Officer allows consideration of evidence about a dating
relationship or prior or subsequent consensual sexual relations between the
Complainant and the Respondent the mere fact that the Complainant and
Respondent engaged in other consensual sexual relations with one another
is never sufficient, by itself, to establish that the conduct in question was
consensual.
2. The Hearing Officer shall provide a written explanation to the Parties as to
why consideration of the evidence is consistent with this section in the
Hearing Officer’s Report.
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Party or Witness Failure to Participate
The Hearing Officer may choose to place less or no weight upon statements by a Party or witness
who refuses to respond to questions deemed Relevant and not impermissible. The Hearing Officer
will not draw an inference about whether alleged conduct occurred based solely on a Party’s or
witness’s refusal to respond to such questions.
Questions, Concerns, and Objections to Questions Posed
At the hearing, each Party will have an opportunity to ask questions, submit concerns, or note an
objection to questions posed. All such questions, concerns, or objections will be submitted in
writing to the Hearing Officer. The Hearing Officer is not required to respond to an objection, other
than to include it in the record.
Hearing Officer Discretion to Rephrase or Decline Questions
The Hearing Officer has the authority and duty to decline or rephrase any question that the
Hearing Officer deems to be repetitive, irrelevant, or harassing. Formal rules of evidence applied in
courtroom proceedings (e.g., California Evidence Code) do not apply in the hearing. However, the
Hearing Officer may take guidance from the formal rules of evidence.
The Hearing Officer's Report
The Hearing Officer will prepare a written report that includes findings of facts and conclusions
about whether the Respondent violated the Nondiscrimination Policy.
1. The report will include:
a. A description of the alleged conduct and potential Nondiscrimination Policy violations,
which should correspond with those detailed in the Notice of Investigation and any
amended notices.
b. Information about the policy and procedures that the University used to evaluate the
allegations.
c. A summary of any procedural issues raised by the Parties before or during the hearing.
d. The definition of the Preponderance of the Evidence standard and a statement that this
was the standard applied by the Hearing Officer in reaching their determinations
e. Any material evidence identified by the Parties or witnesses that the Hearing Officer
determined was not Relevant (or duplicative) and the reason why the evidence was not
considered to be Relevant.
f. A list of all questions submitted by the Parties at the hearing, and if any questions were
not asked, why.
g. The Hearing Officer’s evaluation of the Relevant and not otherwise impermissible
evidence including an analysis of the credibility of the Parties and witnesses, when
credibility assessments are required to resolve factual disputes. Credibility
determinations will not be based on a person’s status as a Complainant, Respondent,
or witness.
h. A determination whether the alleged conduct occurred and if the conduct violated the
Nondiscrimination Policy.
i. When the Hearing Officer finds that a violation of the Nondiscrimination Policy
occurred, any Disciplinary Sanctions the University will impose on the Respondent,
whether Remedies other than the imposition of Disciplinary Sanctions will be provided
by the University to the Complainant, and, to the extent appropriate, other students
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identified by the University to be experiencing the effects of the violation of the
Nondiscrimination Policy.
j. The procedures and permissible bases for the Complainant and Respondent to appeal.
3. The Title IX Coordinator will review the Hearing Officer's report to ensure compliance with
the Nondiscrimination Policy.
4. The Hearing Coordinator will notify the Parties at the same time and in writing of the
determination as to whether the alleged conduct and violation of the Nondiscrimination
Policy occurred and will include a copy of the Hearing Officer’s report. This notification will
be issued within 15 Working Days of the end of the hearing, unless an extension is granted
by the Title IX Coordinator/DHR Administrator. The notification will also include
information regarding the Parties’ appeal rights. The Student Conduct Administrator or
other appropriate administrator will also be notified of the Hearing Officer’s determination.
Hearing Outcome – No Violation Found
If no violation is found, the Hearing Coordinator will notify the Parties of the outcome and their
appeal rights, as described above. The University president or designee will also be notified.
Hearing Outcome – Violation Found
If there is a determination that a violation of the Nondiscrimination Policy occurred, as appropriate,
the Title IX Coordinator will:
1. Coordinate the provision and implementation of Remedies to a Complainant and other
people the University identifies as having had equal access to its education programs or
activities limited or denied by the Nondiscrimination Policy violation.
2. Coordinate the imposition of any Disciplinary Sanctions on a Respondent, including
notification to the Complainant of any such Disciplinary Sanctions;
3. Take other appropriate prompt and effective steps to ensure that Sex-based Harassment
does not continue or recur within the University’s education programs or activities; and
4. Comply with the Nondiscrimination Policy procedures before the imposition of any
Disciplinary Sanctions against a Respondent.
Statements from Parties, Title IX Coordinator, and Appropriate Administrator
If the Hearing Officer finds a violation of the Nondiscrimination Policy, the Parties may submit to
the Hearing Coordinator an impact statement or other statement regarding discipline. The
statement is an opportunity for the Parties to suggest disciplinary outcomes and to provide
information that they believe is important for the Hearing Officer to consider. The statement may
not be more than 2000 words in length and will be submitted to the Hearing Coordinator no later
than 5 Working Days after the Hearing Officer's report is sent to the Parties.
The appropriate administrator and/or the Title IX Coordinator/DHR Administrator will also submit
to the Hearing Coordinator a written statement regarding aggravating and mitigating factors no
later than 5 Working Days after the Hearing Officer's report is sent to the Parties. The Hearing
Coordinator will provide these statements to the Hearing Officer. Any information in the impact
statement relied upon by the Hearing Officer in making their Disciplinary Sanction
recommendation will be shared with the other Party with the president (or designee’s) final
decision and notification.
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Recommendation as to Disciplinary Sanctions
Within 5 Working Days after receiving and considering the statements described above, the
Hearing Officer will update their Hearing Officer's report to include the recommended Disciplinary
Sanctions and submit it to the president (or designee).
Final Decision and Notification
Within 10 Working Days of receipt of the Hearing Officer's report, the president (or designee) will
review the Investigation Report and the Hearing Officer's report and issue a decision concerning
the appropriate Disciplinary Sanction.
1. Adoption of Sanctions – The president (or designee) may impose the recommended
sanctions, adopt a different sanction or sanctions, or reject sanctions altogether. If the
president adopts a sanction other than what is recommended by the Hearing Officer or
rejects sanctions altogether, the president must set forth the reasons in the Decision Letter.
2. Remedies – The University may also provide Remedies, which may include counseling,
extensions of deadlines or other course or work-related adjustments, modifications of work
or class schedules, Campus escorts, restrictions on contact between the Parties, changes in
work or housing locations, leaves of absence, increased security and monitoring of certain
areas of the Campus, and other similar measures. The Title IX Coordinator/DHR
Administrator is responsible for determining the reasonableness of the requested Remedy
and coordinating the effective implementation of Remedies
3. Decision Letter – The Decision Letter will include:
a. The outcome of the hearing, including any sanction imposed, and the name of the
Respondent.
b. A copy of the Hearing Officer's Report, including the Hearing Officer’s recommended
Disciplinary Sanctions.
c. Notice of the Complainant's and Respondent's right to appeal.
4. Notification of Final Decision – The president will send the Decision Letter electronically to
the Respondent and Complainant at the same time.
a. The decision will also be sent to the appropriate administrator and the Hearing Officer.
b. The president will also send the Decision Letter to the Title IX Coordinator/DHR
Administrator so that they may determine whether any additional Remedies or other
Supportive Measures will be afforded or undertaken to maintain a safe and
nondiscriminatory University environment.
c. A copy of the Decision Letter issued to the Complainant will be redacted as to findings
regarding conduct that does not constitute a "crime of violence," Sexual Misconduct,
Dating Violence, Domestic Violence, or Stalking (34 C.F.R. § 99.31 et seq.).
d. Unless the University and Parties are notified that an appeal has been filed, the
president's (or designee's) sanction decision becomes final 11 Working Days after the
date of the Decision Letter.
Appeal Procedures
For Complaints alleging Sex-based Harassment, either Party may file an appeal. For Complaints
involving allegations of Discrimination, Harassment, Prohibited Consensual Relationships, or
Retaliation only the non-prevailing Party may appeal.
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Filing an Appeal to the Chancellor’s Office
A written appeal may be submitted to the Chancellor's Office Civil Rights Programming & Services
Appeals Unit (“Civil Rights Appeals Unit”) no later than 10 Working Days after the date of the
Notice of Investigation Outcome (non-hearing cases) or Final Decision (hearing cases). All
arguments and/or evidence supporting the appeal must be submitted by the deadline to file the
appeal. Arguments or evidence submitted after the appeal submission deadline will not be
considered by the Civil Rights Appeals Unit. A written appeal may not exceed 3,500 words,
excluding exhibits. Appeals will be submitted to:
Civil Rights Appeals Unit
Systemwide Human Resources
Office of the Chancellor
401 Golden Shore Long Beach, California 90802
CO-Ap[email protected]
Electronic submission to the email address listed above is the preferred method of submitting
appeals.
Bases for Appeal
An appeal will be based only on one or more of the appeal issues listed below:
1. There was no reasonable basis for the findings or conclusions that resulted in the
investigation or hearing outcome.
2. Procedural errors occurred that would have likely changed the outcome of the
investigation or hearing.
3. New evidence is available that would change the outcome and that was not reasonably
available when the Investigator’s or Hearing Officer’s determination was made.
4. The Title IX Coordinator/DHR Administrator, Investigator, or Hearing Officer had a conflict
of interest or bias for or against complainants or respondents generally or the individual
Complainant or Respondent that would change the outcome.
5. The sanctions imposed was objectively unreasonable, or arbitrary based on substantiated
conduct. (For Acceptance of Responsibility cases or Appeal reversals).
Issues and Evidence on Appeal
The issues and evidence raised on appeal will be limited to those raised and identified during the
investigation or hearing, unless new evidence that was not reasonably available at the time of the
investigation or hearing and that could change the investigation or hearing outcome becomes
available after the University investigation or hearing was completed and is submitted by the
appealing Party. The Civil Rights Appeals Unit may conduct an interview, at their discretion, with
the appealing Party to clarify the written appeal.
Acknowledgement of Appeal
The Civil Rights Appeals Unit will provide prompt written acknowledgement of the receipt of the
appeal to the appealing Party, and will provide written notification of the appeal, including a copy
of the appeal, to the non-appealing Party and the campus Title IX Coordinator/DHR Administrator.
The notice will include the right of the non-appealing Party and the University to provide a
response to the appeal within 10 Working Days of the date of the notice. The appeal response will
be limited to 3,500 words, excluding exhibits. Any response to the appeal received by the Civil
Rights Appeals Unit will be provided to the appealing Party for informational purposes only.
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Reasonable Accommodation
The Civil Rights Appeals Unit will provide reasonable accommodations to any Party or witness in
the appeal process with a qualified Disability upon request by the person needing the
accommodation. A reasonable accommodation may include an extension of time under these
Procedures. The timeframe for the Civil Rights Appeals Unit Response will automatically be
adjusted for the time needed, if any, to provide reasonable accommodations. The Civil Rights
Appeals Unit will consult with the appropriate university administrator (for Students, the services
for students with disabilities administrator, and for Employees the appropriate human resources
administrator) to determine the reasonableness of a requested accommodation.
Scope of Review
The Civil Rights Appeals Unit will not conduct a new investigation; however, the Civil Rights
Appeals Unit may make reasonable inquiries to determine if the new evidence could have affected
the investigation or hearing determination. On appeal, the Civil Rights Appeals Unit does not
reweigh the evidence, re-decide conflicts in the evidence, or revisit determinations made by the
Investigator or Hearing Officer about the credibility or reliability of witnesses and the Parties.
Civil Rights Appeals Unit Response
The Civil Rights Appeals Unit response will include a summary of the issues raised on appeal, a
summary of the evidence considered, the Preponderance of the Evidence standard, and the
determinations reached regarding the issues identified within the written appeal. A copy of the
final Civil Rights Appeals Unit response will be forwarded to the Complainant, the Respondent,
and the Title IX Coordinator/DHR Administrator. The appeal response determination is final and is
not subject to further appeal.
Reopening a University Investigation or Hearing
If the Civil Rights Appeals Unit review determines that an issue raised on appeal would have
affected the investigation outcome or hearing outcome, the investigation or hearing will be
remanded back to the University and the investigation or hearing reopened at the campus level.
The Civil Rights Appeals Unit will return the matter to the University and will specify in writing the
timeline by which a reopened investigation or hearing must be completed. The Civil Rights
Appeals Unit will notify the Parties of the reopening of the investigation or hearing and the
timeline for completion of the reopened investigation or hearing. The University will complete the
reopened investigation or hearing and provide the Civil Rights Appeals Unit with an amended final
investigation report or Hearing Officer report. The University will also provide the Parties with
amended notices of investigation outcome or final decision, and such notices will provide the non-
prevailing Party the opportunity to appeal. Upon receipt of the amended final investigation
report/final decision, if the outcome remains unchanged, the Chancellor's Office will contact the
original appealing Party to determine whether that Party wishes to continue with the appeal. If the
outcome is reversed by the University, the non-prevailing Party will be given an opportunity to
appeal.
Reversal by Civil Rights Appeals Unit
If the Civil Rights Appeals Unit determines that no reasonable fact finder (Investigator or Hearing
Officer) could have made the findings as determined by the Investigator or Hearing Officer, the
Civil Rights Appeals Unit may vacate and reverse the investigation or hearing outcome, but only
with respect to whether the Nondiscrimination Policy was violated (and not with respect to factual
findings). If the Civil Rights Appeals Unit vacates and reverses the investigation or hearing
outcome, it will notify the Parties at the same time and in writing, as well as the Title IX
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Coordinator/DHR Administrator. Following a reversal of an investigation or hearing outcome by
the Civil Rights Appeals Unit, the decision is final and is not subject to further appeal. In the event
that the final outcome has been reversed by the Civil Rights Appeals Unit and a sanction will be
imposed by the University, both Parties have a right to appeal the sanction only. If a sanction is
found to be objectively unreasonable, or arbitrary based on substantiated conduct, the matter will
be sent back to the University for reconsideration of the sanction.
Timeline for Response to Appeal
The Civil Rights Appeals Unit will respond to the appealing Party no later than 30 Working Days
after receipt of the written appeal, unless the timeline has been extended pursuant to Section L
below.
Timelines and Extensions
The Civil Rights Appeals Unit has discretion to extend the timelines for the appeal process for
good cause or for any reasons deemed to be legitimate by the Civil Rights Appeals Unit. This
includes the time for filing an appeal, the time for a reopened investigation or hearing to be
completed, and the time for the Civil Rights Appeals Unit to respond to the appeal. The Civil Rights
Appeals Unit will notify the Parties and the Title IX Coordinator/DHR Administrator of any
extensions of time granted pertaining to any portion of the appeal process.
Disciplinary Sanctions and Remedies
The University will not impose discipline on a Respondent for violations of the Nondiscrimination
Policy unless: 1) there is a determination at the conclusion of the formal complaint resolution that
the Respondent engaged in prohibited Discrimination, Harassment, or Retaliation
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; or 2) where
discipline is agreed to as part of an informal resolution process.
If there is a determination that Discrimination, Harassment, or Retaliation occurred, the Title IX
Coordinator/DHR Administrator will, as appropriate:
1. Coordinate the provision and implementation of Remedies to a Complainant and other
people the University identifies as having had equal access to the University’s education
program or activity limited or denied by Discrimination, Harassment, or Retaliation;
2. Coordinate the imposition of any Disciplinary Sanctions on a Respondent, including
notification to the Complainant of any such Disciplinary Sanctions;
3. Take other appropriate prompt and effective steps to ensure that Discrimination,
Harassment, or Retaliation does not continue or recur within the University’s education
programs, activities, or employment; and
4. Comply with these Procedures before the imposition of any Disciplinary Sanctions against
a Respondent.
Students who are found to have violated the Nondiscrimination Policy will be subject to discipline
in accordance with state and federal requirements, student conduct rules, and other CSU policies.
Sanctions for Students determined to have violated the Nondiscrimination Policy are identified in
the Student Conduct Process: restitution, loss of financial aid, educational and remedial sanctions,
10
As used in these Procedures, the phrase “Discrimination, Harassment, or Retaliation” is inclusive
of all forms of Prohibited Conduct outlined in the Nondiscrimination Policy, including Sex
Discrimination.
90
denial of access to campus or persons, disciplinary probation, suspension, and expulsion. The
University may also temporarily or permanently withhold a degree. Other sanctions and remedies
may be agreed upon through the Informal Resolution process.
Employees who are found to have violated the Nondiscrimination Policy will be subject to
discipline that is appropriate for the violation and in accordance with state and federal
requirements and other CSU policies and applicable collective bargaining agreements. The
possible sanctions for Employees determined to have violated the Nondiscrimination Policy are
education, training, counseling, reprimand, unpaid suspension of varying lengths, demotion,
and/or termination.
Registered Sex Offenders
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/.
Missing Student Notification Procedures for On-campus Student Housing Facilities
CSUSM’s On-Campus Housing Missing Student Policy is administered through CSUSM Housing.
The purpose of this policy is to establish procedures for the reporting of missing on-campus
student residents as required by the
Higher Education Opportunity Act of 2008
. For purposes of
this policy, a student may be considered a “missing person” if their absence is contrary to their
usual pattern of behavior and/or unusual circumstances may have caused the absence. Individuals
having reason to believe that a student has been missing should immediately notify the UPD at
(760) 750-4567.
Missing person reports should be made directly to the UPD. However, these reports may also be
made to the CSUSM Housing Office by calling:
University Village Apartments (UVA)
Service Desk: 760-750-3800
Resident Advisor on duty: 760-750-6400
The QUAD
Service Desk: 760-750-3730
Resident Advisor on duty: 760-750-3733
North Commons
Service Desk: 760-750-8310
Resident Advisor on duty: 760-891-9825
Block C
Contact QUAD Service Desk: 760-750-3730
Contact QUAD Resident Advisor on duty: 760-750-3733
The Office of the Dean of Students can also be contacted at (760) 750-4935 during regular business
hours 8:00-5:00 Monday- Friday.
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The university requires all on-campus housing missing student reports to be immediately referred
to University Police.
All reports regarding missing students living in on-campus student housing are be deemed official
reports, a report does not have to come from on-campus housing representatives in order to be
considered an official report.
Contact Procedures
Every student who lives in on-campus student housing, regardless of age, will register one or
more individuals to be a contact strictly for missing persons purposes. CSUSM Housing will
collect the contact information of a parent, guardian, or individual as the Missing Persons Contact
during the student housing license application process. This confidential contact may be separate
from an emergency contact. Students will be offered this option annually regardless whether they
chose to register a contact the previous year. Should a student wish to change their Missing
Persons Contact information, they should contact CSUSM Housing at 760-750-3730 or
hou[email protected].   The contact person will be notified not later than 24 hours after the official
missing person report has been filed with the UPD.
• Contact information provided by the student will be registered confidentially. This
information will be accessible only to authorized campus officials and will not be disclosed
except to law enforcement personnel in furtherance of a missing person investigation. This
contact information will be stored on a password protected share drive and on a portable
storage drive in the event it is needed when computer systems are not accessible (e.g.,
during a power outage or computer server failure).
• If the student is under 18 years of age and not an emancipated individual, the UPD is
required to notify a custodial parent or guardian in addition to any contact person
designated by the student no more than 24 hours after the student is determined missing.
• Within 24 hours of the determination that the student is missing, the UPD will initiate the
On-Campus Housing Missing Student Procedures in accordance with the student’s
designation and will notify local law enforcement.
• CSUSM Housing and the Dean of Students Office shall be informed of the progress of any
investigation as much as is legally possible so that they may ensure members of the
residential communities are provided with support services that may be necessary (e.g.,
counseling).
Official Notification Procedures
Any individual on campus who has information that a resident may be a missing person must
notify the UPD as soon as possible.
• Once a report is filed with the UPD, numerous departments and individuals on campus
should be notified that a student has been reported missing. The UPD is responsible for
immediate notifications to the Dean of Students Office, CSUSM Housing, and the Clery
Director. The Dean of Students Office will coordinate additional communications to
campus departments and individuals including the Vice President of Student Affairs, the
Office of Communications, the President’s Office, and Campus General Counsel. Should
circumstances develop into something more serious, additional departments will be
notified, including but not limited to Student Health & Counseling Services and others
pending a student’s on-campus affiliations.
• As appropriate, the Dean of Students will contact the student’s professors and advisor.
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• No later than 24 hours after determining that a student is missing, the UPD will notify the
Missing Persons Contact (for students 18 and over) and the parent/guardian (for students
under the age of 18 and not emancipated) that the student is believed to be missing.
• In all missing student situations, local and other relevant law enforcement agencies, as
determined by UPD, will be notified by UPD of its determination that the student is missing
within 24 hours.
Annual Fire Safety Report
The 2024 Fire Safety Report is available at the following link:
https://www.csusm.edu/housing/firesafetyreport2024.pdf
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Appendix A: Jurisdictional Definitions
11
Rape (CA Penal Code Chapter 1 Section 261)
(a) Rape is an act of sexual intercourse accomplished under any of the following circumstances:
(1) If a person who is not the spouse of the person committing the act is incapable, because of a
mental disorder or developmental or physical disability, of giving legal consent, and this is known
or reasonably should be known to the person committing the act. Notwithstanding the existence of
a conservatorship pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1
(commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the
prosecuting attorney shall prove, as an element of the crime, that a mental disorder or
developmental or physical disability rendered the alleged victim incapable of giving consent. This
paragraph does not preclude the prosecution of a spouse committing the act from being
prosecuted under any other paragraph of this subdivision or any other law.
(2) If it is accomplished against a person’s will by means of force, violence, duress, menace, or fear
of immediate and unlawful bodily injury on the person or another.
(3) If a person is prevented from resisting by any intoxicating or anesthetic substance, or any
controlled substance, and this condition was known, or reasonably should have been known by
the accused.
(4) If a person is at the time unconscious of the nature of the act, and this is known to the accused.
As used in this paragraph, “unconscious of the nature of the act” means incapable of resisting
because the victim meets any one of the following conditions:
(A) Was unconscious or asleep.
(B) Was not aware, knowing, perceiving, or cognizant that the act occurred.
(C) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due
to the perpetrator’s fraud in fact.
(D) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due
to the perpetrator’s fraudulent representation that the sexual penetration served a professional
purpose when it served no professional purpose.
(5) If a person submits under the belief that the person committing the act is someone known to
the victim other than the accused, and this belief is induced by artifice, pretense, or concealment
practiced by the accused, with intent to induce the belief.
(6) If the act is accomplished against the victim’s will by threatening to retaliate in the future
against the victim or any other person, and there is a reasonable possibility that the perpetrator
will execute the threat. As used in this paragraph, “threatening to retaliate” means a threat to
kidnap or falsely imprison, or to inflict extreme pain, serious bodily injury, or death.
(7) Where the act is accomplished against the victim’s will by threatening to use the authority of a
public official to incarcerate, arrest, or deport the victim or another, and the victim has a
11
Note that these are not the definitions used to compile the statistics at the beginning of these
document. The federal definitions of Rape, fondling, incest, statutory rape, domestic violence,
dating violence, and stalking are used for the statistics, as required by federal law.
94
reasonable belief that the perpetrator is a public official. As used in this paragraph, “public official”
means a person employed by a governmental agency who has the authority, as part of that
position, to incarcerate, arrest, or deport another. The perpetrator does not actually have to be a
public official.
(b) For purposes of this section, the following definitions apply:
“Duress” means a direct or implied threat of force, violence, danger, or retribution sufficient to
coerce a reasonable person of ordinary susceptibilities to perform an act which otherwise would
not have been performed, or acquiesce in an act to which one otherwise would not have
submitted. The total circumstances, including the age of the victim, and his or her relationship to
the defendant, are factors to consider in appraising the existence of duress.
“Menace” means any threat, declaration, or act that shows an intention to inflict an injury upon
another.
Sodomy (CA Penal Code Chapter 1 Section 286)
Sodomy is sexual conduct consisting of contact between the penis of one person and the anus of
another person. Any sexual penetration, however slight, is sufficient to complete the crime of
sodomy.
(b) (1) Except as provided in Section 288, any person who participates in an act of sodomy with
another person who is under 18 years of age shall be punished by imprisonment in the state
prison, or in a county jail for not more than one year.
(2) Except as provided in Section 288, any person over 21 years of age who participates in an act of
sodomy with another person who is under 16 years of age shall be guilty of a felony.
(c) (1) Any person who participates in an act of sodomy with another person who is under 14 years
of age and more than 10 years younger than he or she shall be punished by imprisonment in the
state prison for three, six, or eight years.
(2) (A) Any person who commits an act of sodomy when the act is accomplished against the
victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily
injury on the victim or another person shall be punished by imprisonment in the state prison for
three, six, or eight years.
(B) Any person who commits an act of sodomy with another person who is under 14 years of age
when the act is accomplished against the victim’s will by means of force, violence, duress,
menace, or fear of immediate and unlawful bodily injury on the victim or another person shall be
punished by imprisonment in the state prison for 9, 11, or 13 years.
(C) Any person who commits an act of sodomy with another person who is a minor 14 years of
age or older when the act is accomplished against the victim’s will by means of force, violence,
duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person
shall be punished by imprisonment in the state prison for 7, 9, or 11 years.
(3) Any person who commits an act of sodomy where the act is accomplished against the victim’s
will by threatening to retaliate in the future against the victim or any other person, and there is a
reasonable possibility that the perpetrator will execute the threat, shall be punished by
imprisonment in the state prison for three, six, or eight years.
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(d) (1) Any person who, while voluntarily acting in concert with another person, either personally
or aiding and abetting that other person, commits an act of sodomy when the act is accomplished
against the victim’s will by means of force or fear of immediate and unlawful bodily injury on the
victim or another person or where the act is accomplished against the victim’s will by threatening
to retaliate in the future against the victim or any other person, and there is a reasonable
possibility that the perpetrator will execute the threat, shall be punished by imprisonment in the
state prison for five, seven, or nine years.
(2) Any person who, while voluntarily acting in concert with another person, either personally or
aiding and abetting that other person, commits an act of sodomy upon a victim who is under 14
years of age, when the act is accomplished against the victim’s will by means of force or fear of
immediate and unlawful bodily injury on the victim or another person, shall be punished by
imprisonment in the state prison for 10, 12, or 14 years.
(3) Any person who, while voluntarily acting in concert with another person, either personally or
aiding and abetting that other person, commits an act of sodomy upon a victim who is a minor 14
years of age or older, when the act is accomplished against the victim’s will by means of force or
fear of immediate and unlawful bodily injury on the victim or another person, shall be punished by
imprisonment in the state prison for 7, 9, or 11 years.
(e) Any person who participates in an act of sodomy with any person of any age while confined in
any state prison, as defined in Section 4504, or in any local detention facility, as defined in Section
6031.4, shall be punished by imprisonment in the state prison, or in a county jail for not more than
one year.
(f) Any person who commits an act of sodomy, and the victim is at the time unconscious of the
nature of the act and this is known to the person committing the act, shall be punished by
imprisonment in the state prison for three, six, or eight years. As used in this subdivision,
“unconscious of the nature of the act” means incapable of resisting because the victim meets one
of the following conditions:
(1) Was unconscious or asleep.
(2) Was not aware, knowing, perceiving, or cognizant that the act occurred.
(3) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due
to the perpetrator’s fraud in fact.
(4) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due
to the perpetrator’s fraudulent representation that the sexual penetration served a professional
purpose when it served no professional purpose.
(g) Except as provided in subdivision (h), a person who commits an act of sodomy, and the victim
is at the time incapable, because of a mental disorder or developmental or physical disability, of
giving legal consent, and this is known or reasonably should be known to the person committing
the act, shall be punished by imprisonment in the state prison for three, six, or eight years.
Notwithstanding the existence of a conservatorship pursuant to the Lanterman-Petris-Short Act
(Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the
prosecuting attorney shall prove, as an element of the crime, that a mental disorder or
developmental or physical disability rendered the alleged victim incapable of giving consent.
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(h) Any person who commits an act of sodomy, and the victim is at the time incapable, because of
a mental disorder or developmental or physical disability, of giving legal consent, and this is
known or reasonably should be known to the person committing the act, and both the defendant
and the victim are at the time confined in a state hospital for the care and treatment of the
mentally disordered or in any other public or private facility for the care and treatment of the
mentally disordered approved by a county mental health director, shall be punished by
imprisonment in the state prison, or in a county jail for not more than one year. Notwithstanding
the existence of a conservatorship pursuant to the Lanterman-Petris-Short Act (Part 1
(commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the
prosecuting attorney shall prove, as an element of the crime, that a mental disorder or
developmental or physical disability rendered the alleged victim incapable of giving legal consent.
(i) Any person who commits an act of sodomy, where the victim is prevented from resisting by an
intoxicating or anesthetic substance, or any controlled substance, and this condition was known,
or reasonably should have been known by the accused, shall be punished by imprisonment in the
state prison for three, six, or eight years.
(j) Any person who commits an act of sodomy, where the victim submits under the belief that the
person committing the act is someone known to the victim other than the accused, and this belief
is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce
the belief, shall be punished by imprisonment in the state prison for three, six, or eight years.
(k) Any person who commits an act of sodomy, where the act is accomplished against the victim’s
will by threatening to use the authority of a public official to incarcerate, arrest, or deport the
victim or another, and the victim has a reasonable belief that the perpetrator is a public official,
shall be punished by imprisonment in the state prison for three, six, or eight years.
As used in this subdivision, “public official” means a person employed by a governmental agency
who has the authority, as part of that position, to incarcerate, arrest, or deport another. The
perpetrator does not actually have to be a public official.
(l) As used in subdivisions (c) and (d), “threatening to retaliate” means a threat to kidnap or falsely
imprison, or inflict extreme pain, serious bodily injury, or death.
Oral Copulation (CA Penal Code Chapter 1 Section 287)
(a) Oral copulation is the act of copulating the mouth of one person with the sexual organ or anus
of another person.
(b) (1) Except as provided in Section 288, any person who participates in an act of oral copulation
with another person who is under 18 years of age shall be punished by imprisonment in the state
prison, or in a county jail for a period of not more than one year.
(2) Except as provided in Section 288, any person over 21 years of age who participates in an act of
oral copulation with another person who is under 16 years of age is guilty of a felony.
(c) (1) Any person who participates in an act of oral copulation with another person who is under
14 years of age and more than 10 years younger than he or she shall be punished by
imprisonment in the state prison for three, six, or eight years.
(2) (A) Any person who commits an act of oral copulation when the act is accomplished against the
victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily
97
injury on the victim or another person shall be punished by imprisonment in the state prison for
three, six, or eight years.
(B) Any person who commits an act of oral copulation upon a person who is under 14 years of age,
when the act is accomplished against the victim’s will by means of force, violence, duress,
menace, or fear of immediate and unlawful bodily injury on the victim or another person, shall be
punished by imprisonment in the state prison for 8, 10, or 12 years.
(C) Any person who commits an act of oral copulation upon a minor who is 14 years of age or
older, when the act is accomplished against the victim’s will by means of force, violence, duress,
menace, or fear of immediate and unlawful bodily injury on the victim or another person, shall be
punished by imprisonment in the state prison for 6, 8, or 10 years.
(3) Any person who commits an act of oral copulation where the act is accomplished against the
victim’s will by threatening to retaliate in the future against the victim or any other person, and
there is a reasonable possibility that the perpetrator will execute the threat, shall be punished by
imprisonment in the state prison for three, six, or eight years.
(d) (1) Any person who, while voluntarily acting in concert with another person, either personally
or by aiding and abetting that other person, commits an act of oral copulation (A) when the act is
accomplished against the victim’s will by means of force or fear of immediate and unlawful bodily
injury on the victim or another person, or (B) where the act is accomplished against the victim’s
will by threatening to retaliate in the future against the victim or any other person, and there is a
reasonable possibility that the perpetrator will execute the threat, or (C) where the victim is at the
time incapable, because of a mental disorder or developmental or physical disability, of giving
legal consent, and this is known or reasonably should be known to the person committing the act,
shall be punished by imprisonment in the state prison for five, seven, or nine years.
Notwithstanding the appointment of a conservator with respect to the victim pursuant to the
provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5
of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the
crime described under paragraph (3), that a mental disorder or developmental or physical
disability rendered the alleged victim incapable of giving legal consent.
(2) Any person who, while voluntarily acting in concert with another person, either personally or
aiding and abetting that other person, commits an act of oral copulation upon a victim who is
under 14 years of age, when the act is accomplished against the victim’s will by means of force or
fear of immediate and unlawful bodily injury on the victim or another person, shall be punished by
imprisonment in the state prison for 10, 12, or 14 years.
(3) Any person who, while voluntarily acting in concert with another person, either personally or
aiding and abetting that other person, commits an act of oral copulation upon a victim who is a
minor 14 years of age or older, when the act is accomplished against the victim’s will by means of
force or fear of immediate and unlawful bodily injury on the victim or another person, shall be
punished by imprisonment in the state prison for 8, 10, or 12 years.
(e) Any person who participates in an act of oral copulation while confined in any state prison, as
defined in Section 4504 or in any local detention facility as defined in Section 6031.4, shall be
punished by imprisonment in the state prison, or in a county jail for a period of not more than one
year.
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(f) Any person who commits an act of oral copulation, and the victim is at the time unconscious of
the nature of the act and this is known to the person committing the act, shall be punished by
imprisonment in the state prison for a period of three, six, or eight years. As used in this
subdivision, “unconscious of the nature of the act” means incapable of resisting because the
victim meets one of the following conditions:
(1) Was unconscious or asleep.
(2) Was not aware, knowing, perceiving, or cognizant that the act occurred.
(3) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due
to the perpetrator’s fraud in fact.
(4) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due
to the perpetrator’s fraudulent representation that the oral copulation served a professional
purpose when it served no professional purpose.
(g) Except as provided in subdivision (h), any person who commits an act of oral copulation, and
the victim is at the time incapable, because of a mental disorder or developmental or physical
disability, of giving legal consent, and this is known or reasonably should be known to the person
committing the act, shall be punished by imprisonment in the state prison, for three, six, or eight
years. Notwithstanding the existence of a conservatorship pursuant to the provisions of the
Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare
and Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a
mental disorder or developmental or physical disability rendered the alleged victim incapable of
giving consent.
(h) Any person who commits an act of oral copulation, and the victim is at the time incapable,
because of a mental disorder or developmental or physical disability, of giving legal consent, and
this is known or reasonably should be known to the person committing the act, and both the
defendant and the victim are at the time confined in a state hospital for the care and treatment of
the mentally disordered or in any other public or private facility for the care and treatment of the
mentally disordered approved by a county mental health director, shall be punished by
imprisonment in the state prison, or in a county jail for a period of not more than one year.
Notwithstanding the existence of a conservatorship pursuant to the provisions of the Lanterman-
Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and
Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a mental
disorder or developmental or physical disability rendered the alleged victim incapable of giving
legal consent.
(i) Any person who commits an act of oral copulation, where the victim is prevented from resisting
by any intoxicating or anesthetic substance, or any controlled substance, and this condition was
known, or reasonably should have been known by the accused, shall be punished by
imprisonment in the state prison for a period of three, six, or eight years.
(j) Any person who commits an act of oral copulation, where the victim submits under the belief
that the person committing the act is someone known to the victim other than the accused, and
this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent
to induce the belief, shall be punished by imprisonment in the state prison for a period of three,
six, or eight years.
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(k) Any person who commits an act of oral copulation, where the act is accomplished against the
victim’s will by threatening to use the authority of a public official to incarcerate, arrest, or deport
the victim or another, and the victim has a reasonable belief that the perpetrator is a public official,
shall be punished by imprisonment in the state prison for a period of three, six, or eight years.
As used in this subdivision, “public official” means a person employed by a governmental agency
who has the authority, as part of that position, to incarcerate, arrest, or deport another. The
perpetrator does not actually have to be a public official.
(l) As used in subdivisions (c) and (d), “threatening to retaliate” means a threat to kidnap or falsely
imprison, or to inflict extreme pain, serious bodily injury, or death.
Bigamy, Incest, and the Crime against Nature (CA Penal Code Chapter 1 Section 285 and Section
289)
Section 285
Persons being within the degrees of consanguinity within which marriages are declared by law to
be incestuous and void, who intermarry with each other, or who being 14 years of age or older,
commit fornication or adultery with each other, are punishable by imprisonment in the state
prison.
Section 289
(a) (1) (A) Any person who commits an act of sexual penetration when the act is accomplished
against the victim’s will by means of force, violence, duress, menace, or fear of immediate and
unlawful bodily injury on the victim or another person shall be punished by imprisonment in the
state prison for three, six, or eight years.
(B) Any person who commits an act of sexual penetration upon a child who is under 14 years of
age, when the act is accomplished against the victim’s will by means of force, violence, duress,
menace, or fear of immediate and unlawful bodily injury on the victim or another person, shall be
punished by imprisonment in the state prison for 8, 10, or 12 years.
(C) Any person who commits an act of sexual penetration upon a minor who is 14 years of age or
older, when the act is accomplished against the victim’s will by means of force, violence, duress,
menace, or fear of immediate and unlawful bodily injury on the victim or another person, shall be
punished by imprisonment in the state prison for 6, 8, or 10 years.
(D) This paragraph does not preclude prosecution under Section 269, Section 288.7, or any other
provision of law.
(2) Any person who commits an act of sexual penetration when the act is accomplished against the
victim’s will by threatening to retaliate in the future against the victim or any other person, and
there is a reasonable possibility that the perpetrator will execute the threat, shall be punished by
imprisonment in the state prison for three, six, or eight years.
(b) Except as provided in subdivision (c), any person who commits an act of sexual penetration,
and the victim is at the time incapable, because of a mental disorder or developmental or physical
disability, of giving legal consent, and this is known or reasonably should be known to the person
committing the act or causing the act to be committed, shall be punished by imprisonment in the
state prison for three, six, or eight years. Notwithstanding the appointment of a conservator with
respect to the victim pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1
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(commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the
prosecuting attorney shall prove, as an element of the crime, that a mental disorder or
developmental or physical disability rendered the alleged victim incapable of giving legal consent.
(c) Any person who commits an act of sexual penetration, and the victim is at the time incapable,
because of a mental disorder or developmental or physical disability, of giving legal consent, and
this is known or reasonably should be known to the person committing the act or causing the act
to be committed and both the defendant and the victim are at the time confined in a state hospital
for the care and treatment of the mentally disordered or in any other public or private facility for
the care and treatment of the mentally disordered approved by a county mental health director,
shall be punished by imprisonment in the state prison, or in a county jail for a period of not more
than one year. Notwithstanding the existence of a conservatorship pursuant to the provisions of
the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the
Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime,
that a mental disorder or developmental or physical disability rendered the alleged victim
incapable of giving legal consent.
(d) Any person who commits an act of sexual penetration, and the victim is at the time
unconscious of the nature of the act and this is known to the person committing the act or causing
the act to be committed, shall be punished by imprisonment in the state prison for three, six, or
eight years. As used in this subdivision, “unconscious of the nature of the act” means incapable of
resisting because the victim meets one of the following conditions:
(1) Was unconscious or asleep.
(2) Was not aware, knowing, perceiving, or cognizant that the act occurred.
(3) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due
to the perpetrator’s fraud in fact.
(4) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due
to the perpetrator’s fraudulent representation that the sexual penetration served a professional
purpose when it served no professional purpose.
(e) Any person who commits an act of sexual penetration when the victim is prevented from
resisting by any intoxicating or anesthetic substance, or any controlled substance, and this
condition was known, or reasonably should have been known by the accused, shall be punished
by imprisonment in the state prison for a period of three, six, or eight years.
(f) Any person who commits an act of sexual penetration when the victim submits under the belief
that the person committing the act or causing the act to be committed is someone known to the
victim other than the accused, and this belief is induced by any artifice, pretense, or concealment
practiced by the accused, with intent to induce the belief, shall be punished by imprisonment in
the state prison for a period of three, six, or eight years.
(g) Any person who commits an act of sexual penetration when the act is accomplished against
the victim’s will by threatening to use the authority of a public official to incarcerate, arrest, or
deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public
official, shall be punished by imprisonment in the state prison for a period of three, six, or eight
years.
101
As used in this subdivision, “public official” means a person employed by a governmental agency
who has the authority, as part of that position, to incarcerate, arrest, or deport another. The
perpetrator does not actually have to be a public official.
(h) Except as provided in Section 288, any person who participates in an act of sexual penetration
with another person who is under 18 years of age shall be punished by imprisonment in the state
prison or in a county jail for a period of not more than one year.
(i) Except as provided in Section 288, any person over 21 years of age who participates in an act of
sexual penetration with another person who is under 16 years of age shall be guilty of a felony.
(j) Any person who participates in an act of sexual penetration with another person who is under
14 years of age and who is more than 10 years younger than he or she shall be punished by
imprisonment in the state prison for three, six, or eight years.
(k) As used in this section:
(1) “Sexual penetration” is the act of causing the penetration, however slight, of the genital or anal
opening of any person or causing another person to so penetrate the defendant’s or another
person’s genital or anal opening for the purpose of sexual arousal, gratification, or abuse by any
foreign object, substance, instrument, or device, or by any unknown object.
(2) “Foreign object, substance, instrument, or device” shall include any part of the body, except a
sexual organ.
(3) “Unknown object” shall include any foreign object, substance, instrument, or device, or any
part of the body, including a penis, when it is not known whether penetration was by a penis or by
a foreign object, substance, instrument, or device, or by any other part of the body.
(l) As used in subdivision (a), “threatening to retaliate” means a threat to kidnap or falsely
imprison, or inflict extreme pain, serious bodily injury or death.
(m) As used in this section, “victim” includes any person who the defendant causes to penetrate
the genital or anal opening of the defendant or another person or whose genital or anal opening is
caused to be penetrated by the defendant or another person and who otherwise qualifies as a
victim under the requirements of this section.
Fondling (CA Penal Code Chapter 9. Section 243.4, Assault and Battery)
(a) Any person who touches an intimate part of another person while that person is unlawfully
restrained by the accused or an accomplice, and if the touching is against the will of the person
touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of
sexual battery. A violation of this subdivision is punishable by imprisonment in a county jail for
not more than one year, and by a fine not exceeding two thousand dollars ($2,000); or by
imprisonment in the state prison for two, three, or four years, and by a fine not exceeding ten
thousand dollars ($10,000).
(b) Any person who touches an intimate part of another person who is institutionalized for medical
treatment and who is seriously disabled or medically incapacitated, if the touching is against the
will of the person touched, and if the touching is for the purpose of sexual arousal, sexual
gratification, or sexual abuse, is guilty of sexual battery. A violation of this subdivision is
punishable by imprisonment in a county jail for not more than one year, and by a fine not
102
exceeding two thousand dollars ($2,000); or by imprisonment in the state prison for two, three, or
four years, and by a fine not exceeding ten thousand dollars ($10,000).
(c) Any person who touches an intimate part of another person for the purpose of sexual arousal,
sexual gratification, or sexual abuse, and the victim is at the time unconscious of the nature of the
act because the perpetrator fraudulently represented that the touching served a professional
purpose, is guilty of sexual battery. A violation of this subdivision is punishable by imprisonment
in a county jail for not more than one year, and by a fine not exceeding two thousand dollars
($2,000); or by imprisonment in the state prison for two, three, or four years, and by a fine not
exceeding ten thousand dollars ($10,000).
(d) Any person who, for the purpose of sexual arousal, sexual gratification, or sexual abuse,
causes another, against that person’s will while that person is unlawfully restrained either by the
accused or an accomplice, or is institutionalized for medical treatment and is seriously disabled or
medically incapacitated, to masturbate or touch an intimate part of either of those persons or a
third person, is guilty of sexual battery. A violation of this subdivision is punishable by
imprisonment in a county jail for not more than one year, and by a fine not exceeding two
thousand dollars ($2,000); or by imprisonment in the state prison for two, three, or four years, and
by a fine not exceeding ten thousand dollars ($10,000).
(e)(1) Any person who touches an intimate part of another person, if the touching is against the
will of the person touched, and is for the specific purpose of sexual arousal, sexual gratification, or
sexual abuse, is guilty of misdemeanor sexual battery, punishable by a fine not exceeding two
thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by
both that fine and imprisonment. However, if the defendant was an employer and the victim was
an employee of the defendant, the misdemeanor sexual battery shall be punishable by a fine not
exceeding three thousand dollars ($3,000), by imprisonment in a county jail not exceeding six
months, or by both that fine and imprisonment. Notwithstanding any other provision of law, any
amount of a fine above two thousand dollars ($2,000) which is collected from a defendant for a
violation of this subdivision shall be transmitted to the State Treasury and, upon appropriation by
the Legislature, distributed to the Civil Rights Department for the purpose of enforcement of the
California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of
Division 3 of Title 2 of the Government Code), including, but not limited to, laws that proscribe
sexual harassment in places of employment. However, in no event shall an amount over two
thousand dollars ($2,000) be transmitted to the State Treasury until all fines, including any
restitution fines that may have been imposed upon the defendant, have been paid in full.
(2) As used in this subdivision, “touches” means physical contact with another person, whether
accomplished directly, through the clothing of the person committing the offense, or through the
clothing of the victim.
(f) As used in subdivisions (a), (b), (c), and (d), “touches” means physical contact with the skin of
another person whether accomplished directly or through the clothing of the person committing
the offense.
(g) As used in this section, the following terms have the following meanings:
(1) “Intimate part” means the sexual organ, anus, groin, or buttocks of any person, and the breast
of a female.
(2) “Sexual battery” does not include the crimes defined in Section 261 or 289.
103
(3) “Seriously disabled” means a person with severe physical or sensory disabilities.
(4) “Medically incapacitated” means a person who is incapacitated as a result of prescribed
sedatives, anesthesia, or other medication.
(5) “Institutionalized” means a person who is located voluntarily or involuntarily in a hospital,
medical treatment facility, nursing home, acute care facility, or mental hospital.
(6) “Minor” means a person under 18 years of age.
(h) This section shall not be construed to limit or prevent prosecution under any other law which
also proscribes a course of conduct that also is proscribed by this section.
(i) In the case of a felony conviction for a violation of this section, the fact that the defendant was
an employer and the victim was an employee of the defendant shall be a factor in aggravation in
sentencing.
(j) A person who commits a violation of subdivision (a), (b), (c), or (d) against a minor when the
person has a prior felony conviction for a violation of this section shall be guilty of a felony,
punishable by imprisonment in the state prison for two, three, or four years and a fine not
exceeding ten thousand dollars ($10,000).
Statutory Rape (CA Penal Code, Chapter 1, Section 261.5)
(a) Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is
not the spouse of the perpetrator, if the person is a minor. For the purposes of this section, a
“minor” is a person under the age of 18 years and an “adult” is a person who is 18 years of age or
older.
(b) A person who engages in an act of unlawful sexual intercourse with a minor who is not more
than three years older or three years younger than the perpetrator, is guilty of a misdemeanor.
(c) A person who engages in an act of unlawful sexual intercourse with a minor who is more than
three years younger than the perpetrator is guilty of either a misdemeanor or a felony, and shall be
punished by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant
to subdivision (h) of Section 1170.
(d) Any person 21 years of age or older who engages in an act of unlawful sexual intercourse with
a minor who is under 16 years of age is guilty of either a misdemeanor or a felony, and shall be
punished by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant
to subdivision (h) of Section 1170 for two, three, or four years.
(e) (1) Notwithstanding any other provision of this section, an adult who engages in an act of
sexual intercourse with a minor in violation of this section may be liable for civil penalties in the
following amounts:
(A) An adult who engages in an act of unlawful sexual intercourse with a minor less than
two years younger than the adult is liable for a civil penalty not to exceed two thousand
dollars ($2,000).
(B) An adult who engages in an act of unlawful sexual intercourse with a minor at least two
years younger than the adult is liable for a civil penalty not to exceed five thousand dollars
($5,000).
104
(C) An adult who engages in an act of unlawful sexual intercourse with a minor at least three
years younger than the adult is liable for a civil penalty not to exceed ten thousand dollars
($10,000).
(D) An adult over 21 years of age who engages in an act of unlawful sexual intercourse with
a minor under 16 years of age is liable for a civil penalty not to exceed twenty-five thousand
dollars ($25,000).
(2) The district attorney may bring actions to recover civil penalties pursuant to this subdivision.
From the amounts collected for each case, an amount equal to the costs of pursuing the action
shall be deposited with the treasurer of the county in which the judgment was entered, and the
remainder shall be deposited in the Underage Pregnancy Prevention Fund, which is hereby
created in the State Treasury. Amounts deposited in the Underage Pregnancy Prevention Fund
may be used only for the purpose of preventing underage pregnancy upon appropriation by the
Legislature.
(3) In addition to any punishment imposed under this section, the judge may assess a fine not to
exceed seventy dollars ($70) against a person who violates this section with the proceeds of this
fine to be used in accordance with Section 1463.23. The court shall, however, take into
consideration the defendant’s ability to pay, and a defendant shall not be denied probation
because of their inability to pay the fine permitted under this subdivision.
(f) A person convicted of violating subdivision (d) who is granted probation shall not complete
their community service at a school or location where children congregate.
Incest (CA Penal Code, Chapter 1, Section 285)
Persons being within the degrees of consanguinity within which marriages are declared by law to
be incestuous and void, who intermarry with each other, or who being 14 years of age or older,
commit fornication or adultery with each other, are punishable by imprisonment in the state
prison.
Abuse: (CA Family Code, 6203 (definitions) and 6211)
(a) For purposes of this act, “abuse” means any of the following:
(1) To intentionally or recklessly cause or attempt to cause bodily injury.
(2) Sexual assault.
(3) To place a person in reasonable apprehension of imminent serious bodily injury to that person
or to another.
(4) To engage in any behavior that has been or could be enjoined pursuant to Section 6320.
(b) Abuse is not limited to the actual infliction of physical injury or assault.
“Domestic violence” is abuse perpetrated against any of the following persons:
(a) A spouse or former spouse.
(b) A cohabitant or former cohabitant, as defined in Section 6209.
(c) A person with whom the respondent is having or has had a dating or engagement relationship.
105
(d) A person with whom the respondent has had a child, where the presumption applies that the
male parent is the father of the child of the female parent under the Uniform Parentage Act (Part 3
(commencing with Section 7600) of Division 12).
(e) A child of a party or a child who is the subject of an action under the Uniform Parentage Act,
where the presumption applies that the male parent is the father of the child to be protected.
(f) Any other person related by consanguinity or affinity within the second degree.
Domestic Violence/Dating Violence (CA Penal Code, Chapter 2, Section 273.5 and Section 243)
CA Penal Code 273.5
(a) Any person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim
described in subdivision (b) is guilty of a felony, and upon conviction thereof shall be punished by
imprisonment in the state prison for two, three, or four years, or in a county jail for not more than
one year, or by a fine of up to six thousand dollars ($6,000), or by both that fine and imprisonment.
(b) Subdivision (a) shall apply if the victim is or was one or more of the following:
(1) The offender’s spouse or former spouse.
(2) The offender’s cohabitant or former cohabitant.
(3) The offender’s fiancé or fiancée, or someone with whom the offender has, or previously had, an
engagement or dating relationship.
(4) The mother or father of the offender’s child.
CA Penal Code 243(e)
(1) When a battery (willful and unlawful use of force or violence upon the person of another) is
committed against a spouse, a person with whom the defendant is cohabiting, a person who is the
parent of the defendant’s child, former spouse, fiancé, or fiancée, or a person with whom the
defendant currently has, or has previously had, a dating or engagement relationship, the battery is
punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county
jail for a period of not more than one year, or by both that fine and imprisonment.
Stalking: CA Penal Code, Chapter 2, Section 646.9
Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses
another person and who makes a credible threat with the intent to place that person in reasonable
fear for his or her safety, or the safety of his or her immediate family is guilty of the crime of
stalking, punishable by imprisonment in a county jail for not more than one year, or by a fine of
not more than one thousand dollars ($1,000), or by both that fine and imprisonment, or by
imprisonment in the state prison.
Stalking: CA Penal Code, Chapter 2, Section 653m
(a)Every person who, with intent to annoy, telephones or makes contact by means of an electronic
communication device with another and addresses to or about the other person any obscene
language or addresses to the other person any threat to inflict injury to the person or property of
the person addressed or any member of his or her family, is guilty of a misdemeanor. Nothing in
this subdivision shall apply to telephone calls or electronic contacts made in good faith.
106
(b) Every person who, with intent to annoy or harass, makes repeated telephone calls or makes
repeated contact by means of an electronic communication device, or makes any combination of
calls or contact, to another person is, whether or not conversation ensues from making the
telephone call or contact by means of an electronic communication device, guilty of a
misdemeanor. Nothing in this subdivision shall apply to telephone calls or electronic contacts
made in good faith or during the ordinary course and scope of business.
Consent to Sexual Activity (CA Penal Code, Chapter 1, section 261.6 and section 261.7)
a) Consent is positive cooperation in act or attitude pursuant to an exercise of free will. The
Person must act freely and voluntarily and have knowledge of the nature of the act or
transaction involved.
b) A current or previous dating or marital relationship shall not be sufficient to constitute
consent where consent is at issue in a prosecution under section 261, 286, 287, or 289, or
former section 262 or 288a
c) This section shall not affect the admissibility of evidence or the burden of proof on the
issue of consent.
In prosecutions under Section 261, 286, 287, or 289, or former Section 262 or 288a, in which
consent is at issue, evidence that the victim suggested, requested, or otherwise communicated to
the defendant that the defendant use a condom or other birth control device, without additional
evidence of consent, is not sufficient to constitute consent.
107
Appendix B: Clery- Prevention Programs and Campaigns
San Marcos Campus January 1, 2023- December 31, 2023
Name of Program Description
Population
Served
Scheduling
Information
2023 Dates
Offered
Coordinating
Department
Presenters
Primary
Prevention &
Awareness
Program for new
students and
new employees
Ongoing
Prevention &
awareness
campaigns for
students and
employees
Domestic
Violence
Dating
Violence
Sexual
Assault
Stalking
Bystander
Intervention
Risk
Reduction
Gender Equity in Education
This course offers practical training to
identify, report, and prevent campus
sexual violence, and support victims. It
includes interactive case studies and
videos on responding to sexual assault,
dating violence, domestic violence, and
stalking. Real case examples teach key
concepts for building a safe, non-tolerant
campus culture. Employees learn skills to
assist victims, recognize misconduct,
report incidents, and prevent sexual
violence. The course also covers state-
specific legal definitions, victim
protections, bystander intervention, and
school disciplinary procedures.
All employees-
MPPs, Faculty &
Staff
All new employees
within 6 months of
date of hire, then
annually.
ongoing
Office of Human
Resources
online- CSU Learn x x x x x x x
Not Anymore Training: Sexual
Violence Prevention
Provides critical information about
sexual violence prevention and the
definitions of consent, bystander
intervention, sexual assault, rape,
domestic violence, and stalking. This
program also provides information
regarding your rights, safety, and ability
to help stop sexual violence at California
State University San Marcos.
All incoming
students
During first year on
campus by set
deadline
ongoing Title IX Office
Online - Not
Anymore
x x x x x x x
Not Anymore: Refresher Training
for Continuing Students
Provides ongoing training that continues
to empower, inspire and motivate all
students to identify and take action
when faced with a potential act of sexual
assault, dating/domestic violence or
stalking. Refresher training courses vary
on topic and content each academic year.
All Continuing
Students
Annually ongoing Title IX Office
Online - Not
Anymore
x x x x x x x
Resource Fair
Shared information about Sexual
Violence Advocacy & Education office,
sexual violence resources and
prevention opportunities at CSUSM.
Provided giveaways, flyers, stickers, etc.
Campus Community One time event 1/10/2023
SHCS: Sexual
Violence Advocacy
& Education
x x x x x x x x
108
Name of Program Description
Population
Served
Scheduling
Information
2023 Dates
Offered
Coordinating
Department
Presenters
Primary
Prevention &
Awareness
Program for new
students and
new employees
Ongoing
Prevention &
awareness
campaigns for
students and
employees
Domestic
Violence
Dating
Violence
Sexual
Assault
Stalking
Bystander
Intervention
Risk
Reduction
No MORE Donut Day
Tabling to promote awareness about
sexual domestic violence and sexual
assault.
Campus Community One time event 3/6/2023
SHCS: Sexual
Violence Advocacy
& Education
Avery Bather, Cathy
Nguyen, Peer
Educators & Interns
x x x x x x
NO MORE Week Campaign -
Resource Panel & Pizza
National NO MORE Week of Action to
promote how together we can end
domestic violence and sexual assault at
CSUSM. Included social media posts, A-
frame posters, and promotion of events
throughout the week.
Campus Community
Annual 3/9/2023
SHCS: Sexual
Violence Advocacy
& Education
Avery Bather, Peer
Educators, & Interns
x x x x x x
A Walk in Their Shoes
Participants will walk away with more
awareness regarding sexual assault,
domestic violence, stalking, harassment
and other forms of intimate abuse as
well as resources for support.
Employees and
Students
One time event 3/7/2023
SHCS: Sexual
Violence Advocacy
& Education
Avery Bather, Cathy
Nguyen, Peer
Educators & Interns
x x x x x x x
Violence Prevention Fair
Participants will walk away with more
awareness regarding sexual assault,
domestic violence, stalking, harassment
and other forms of intimate abuse as
well as resources for support
Campus Community Each semester 3/7/2023
SHCS: Sexual
Violence Advocacy
& Education
Avery Bather, Cathy
Nguyen, Peer
Educators & Interns
x x x x x x x
FEM FEST
Tabling event with activities and
information on healthy relationships,
sexual violence resources, and consent.
Campus Community Annual 3/7/2023
SHCS: Sexual
Violence Advocacy
& Education &
WEGC
Avery Bather, Cathy
Nguyen, Peer
Educators & Interns
x x x x
Tabling: Amita Swadhin
Nationally recognized survivor activist
Amita Swadhin will speak to the campus
community. A presentation by a
nationally recognized activist in the
movement to end child sexual abuse
highlights the spring lineup of the
longstanding Arts & Lectures series at Cal
State San Marcos.
Campus Community One time event 3/29/2023
SHCS: Sexual
Violence Advocacy
& Education & Arts
and Lectures
Avery Bather, Cathy
Nguyen, Peer
Educators & Interns
x x x x
Outreach Education: Workshop 1-3
Provide resources on Sexual Violence
Prevention Education.
Campus Community Three times 1/29/2023
SHCS: Sexual
Violence Advocacy
& Education
Avery Bather, Cathy
Nguyen, Peer
Educators & Interns
x x x x x x x
GEL Pres: SV Overview - SVPEs
SV Overview - Sexual Violence Peer
Educators (SVPEs)
Campus Community One time event 4/3/2023
SHCS: Sexual
Violence Advocacy
& Education
Avery Bather, Cathy
Nguyen, Peer
Educators & Interns
x x x x x x x
Sexual Assault Awareness Month -
Tabling
Sexual Assault Awareness Month Campus Community One time event 4/6/2023
SHCS: Sexual
Violence Advocacy
& Education
Avery Bather, Cathy
Nguyen, Peer
Educators & Interns
x x x x x x x
Take Back the Night
Take Back the Night is a rally and march
designed to bring awareness to ending
violence against women. This event is a
collaborative effort to support and uplift
the voices of survivors
Campus Community One time event 4/20/2023
SHCS: Sexual
Violence Advocacy
& Education
Avery Bather, Cathy
Nguyen, Peer
Educators & Interns
x x x x x x x
Clothesline Project Sexual Assault Awareness Month Campus Community One time event 4/20/2023
SHCS: Sexual
Violence Advocacy
& Education
Avery Bather, Cathy
Nguyen, Peer
Educators & Interns
x x x x x x x
109
Name of Program Description
Population
Served
Scheduling
Information
2023 Dates
Offered
Coordinating
Department
Presenters
Primary
Prevention &
Awareness
Program for new
students and
new employees
Ongoing
Prevention &
awareness
campaigns for
students and
employees
Domestic
Violence
Dating
Violence
Sexual
Assault
Stalking
Bystander
Intervention
Risk
Reduction
No MORE Donut Day
Tabling to promote awareness about
sexual domestic violence and sexual
assault.
Campus Community One time event 3/6/2023
SHCS: Sexual
Violence Advocacy
& Education
Avery Bather, Cathy
Nguyen, Peer
Educators & Interns
x x x x x x
NO MORE Week Campaign -
Resource Panel & Pizza
National NO MORE Week of Action to
promote how together we can end
domestic violence and sexual assault at
CSUSM. Included social media posts, A-
frame posters, and promotion of events
throughout the week.
Campus Community
Annual 3/9/2023
SHCS: Sexual
Violence Advocacy
& Education
Avery Bather, Peer
Educators, & Interns
x x x x x x
A Walk in Their Shoes
Participants will walk away with more
awareness regarding sexual assault,
domestic violence, stalking, harassment
and other forms of intimate abuse as
well as resources for support.
Employees and
Students
One time event 3/7/2023
SHCS: Sexual
Violence Advocacy
& Education
Avery Bather, Cathy
Nguyen, Peer
Educators & Interns
x x x x x x x
Violence Prevention Fair
Participants will walk away with more
awareness regarding sexual assault,
domestic violence, stalking, harassment
and other forms of intimate abuse as
well as resources for support
Campus Community Each semester 3/7/2023
SHCS: Sexual
Violence Advocacy
& Education
Avery Bather, Cathy
Nguyen, Peer
Educators & Interns
x x x x x x x
DENIM DAY TABLING Sexual Assault Awareness Month Campus Community One time event 4/26/2023
SHCS: Sexual
Violence Advocacy
& Education
Avery Bather, Cathy
Nguyen, Peer
Educators & Interns
x x x x x x x
SV Training - Powerlifting Club
(SVPE)
Provide resources on Sexual Violence
Prevention Education, condoms for sex
safe.
Campus Community One time event 5/8/2023
SHCS: Sexual
Violence Advocacy
& Education
Avery Bather, Cathy
Nguyen, Peer
Educators & Interns
x x x x x x x
First Year Orientation
Interactive presentation that discussed
Title IX, types/roots of sexual harm,
consent, bystander intervention,
supporting survivors, and resources.
Campus Community One time event
07/11/2023,
07/13/2023,
07/20/23
SHCS: Sexual
Violence Advocacy
& Education
x x x x x x x x
New Faculty Institute: Culture of
Respect
Training for new faculty on types of
violence, mandated reporting
responsibilities, consent, reporting,
resources, and trauma-informed
classrooms/practices. Small and large
group discussions.
New Faculty
Institute
Annual
01/11/2023 &
7/13/2023
SHCS: Sexual
Violence Advocacy
& Education
Avery Bather x x x x x x
SHCS Meet & Greet
Shared information about Sexual
Violence Advocacy & Education office,
sexual violence resources and
prevention opportunities at CSUSM.
Provided giveaways, flyers, stickers, etc.
Campus Community One time event 8/2/2023
SHCS: Sexual
Violence Advocacy
& Education
Avery Bather, Peer
Educators & Interns
x x x x x x x
Title IX Training for USU/REC
Student Assistants
Shared information about Sexual
Violence Advocacy & Education office,
sexual violence resources and
prevention opportunities at CSUSM.
Provided giveaways, flyers, stickers, etc.
Campus Community Each semester
01/10/2023 &
8/15/2023
SHCS: Sexual
Violence Advocacy
& Education
Gricelda and Cathy
Nguyen
x x x x x x x x
Graduate Resource Fair
Shared information about Sexual
Violence Advocacy & Education office,
sexual violence resources and
prevention opportunities at CSUSM.
Provided giveaways, flyers, stickers, etc.
Campus Community One time event 8/23/2023
SHCS: Sexual
Violence Advocacy
& Education
Gricelda Alva Brito
and Cathy Nguyen
and Rosa Hunt
x x x x x x x x
International Student Orientation
Interactive presentation that discussed
topics included types of sexual harm,
consent, Title IX, bystander intervention,
and resources.
New international
students
Each semester
08/23/2023 &
01/18/2023
SHCS: Sexual
Violence Advocacy
& Education
Gricelda Alva Brito x x x x x x x x
110
Name of Program Description
Population
Served
Scheduling
Information
2023 Dates
Offered
Coordinating
Department
Presenters
Primary
Prevention &
Awareness
Program for new
students and
new employees
Ongoing
Prevention &
awareness
campaigns for
students and
employees
Domestic
Violence
Dating
Violence
Sexual
Assault
Stalking
Bystander
Intervention
Risk
Reduction
Sexual Violence Peer Educator
Training
Training on rape culture, roots of
violence, prevention strategies through
public health / social justice frameworks,
and models of change.
Sexual Violence
Peer Educators
Each semester
8/25/2023 &
01/19/2023
SHCS: Sexual
Violence Advocacy
& Education
Gricelda and Cathy
Nguyen
x x x x x x x
Peer Educator & Intern Training:
HOPE Team
Training on types/roots of sexual harm,
consent, bystander intervention,
supporting survivors, reporting options,
and resources.
Peer Educators &
Interns (HOPE &
Wellness Center)
Each semester
8/25/2023 &
01/19/2023
SHCS: Sexual
Violence Advocacy
& Education
Gricelda Alva Brito
and Cathy Nguyen
and Rosa Hunt
x x x x x x x
Mov-in Week - Housing Sexual
Assault/ Violence Prevention
Program: "Retaking our story:
Reframing the conversation on
SV?"
Speaker: Tim Mousseau with
CampusSpeak spoke on Retaking our
story: Reframing the conversation on SV
Campus Housing Annual 8/27/2023 Housing
Tim Mousseau &
Allie Serrano
x x x x x x x x
Let’s Talk About Sex
Tabling: Come join us to talk about safer
sex practices, birth control methods,
pregnancy testing and where to go for STI
testing or pap exams. Grab some free
condoms too while you're at it! 
Campus Community One time event 9/14/2023
SHCS: Sexual
Violence Advocacy
& Education
Cathy Nguyen x x x x x x x
Fall 2022 CSUSM Temecula Weeks
of Welcome Resource Fair
CSUSM Main campus representatives
table and provide information/resources
to new & continuing CSUSM Temecula
students, including SHCS and Dean of
Students/CCN. Providing information
about services/resources available to
students in regards to health, wellness
and safety.
Temecula
Matriculated
Students
Fall semester 9/28/2023
CSUSM Temecula
Student Services
Team, with SHCS,
DOS and UPD
SHCS, DOS & UPD
(Cathy Nguyen
x x x
Survivors Are Welcome Here
Student survivors of sexual violence
shared ways they cope on a campus,
what places and people on campus
where helpful, what advice they have for
faculty in classes and for how to respond
if someone shares they are a survivor. In-
person event with lunch and
resources/self-care activities provided.
Campus Community Annual 9/21/2023
SHCS: Sexual
Violence Advocacy
& Education
Gricelda Alva Brito,
Avery Bather, Cathy
Nguyen & SVPE
x x x x x
Bystander Intervention Training -
It’s on csUSm! How YOU Can be an
UPstander!
Interactive training that discussed
types/roots of sexual harm, consent,
bystander intervention, supporting
survivors, and resources.
Campus Community One time event 9/22/2023
SHCS: Sexual
Violence Advocacy
& Education
Cathy Nguyen and
Gricelda Alva Brito
x x x x x x
Sexual Violence Advocacy &
Education
Training for all Housing student
employees (RAs/RPMs) on types of
violence, mandated reporting
responsibilities, consent, resources, and
supporting survivors. Kahoot and
scenarios with small/large group
discussion.
RAs/RPMs Annual 9/22/2023
SHCS: Sexual
Violence Advocacy
& Education
Gricelda and Cathy
Nguyen
x x x x x x
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Name of Program Description
Population
Served
Scheduling
Information
2023 Dates
Offered
Coordinating
Department
Presenters
Primary
Prevention &
Awareness
Program for new
students and
new employees
Ongoing
Prevention &
awareness
campaigns for
students and
employees
Domestic
Violence
Dating
Violence
Sexual
Assault
Stalking
Bystander
Intervention
Risk
Reduction
Sexual Violence Advocacy &
Education
Training for all Housing student
employees (RD's) on types of violence,
mandated reporting responsibilities,
consent, resources, and supporting
survivors. Kahoot and scenarios with
small/large group discussion.
RD's Annual 10/25/2023
SHCS: Sexual
Violence Advocacy
& Education
Gricelda Alva Brito
and Cathy Nguyen
x x x x x x
It’s on csUSm! - Bystander
intervention
It's on csUSm!! Let's talk about consent
and being an UPstander. Join us to learn
more about healthy relationships,
consent, how to be an active bystander
and resources available to help
victims/survivors that have been
impacted by sexual harm. Sign a pledge
today!
Campus Community One time event 9/26/2023
SHCS: Sexual
Violence Advocacy
& Education
Cathy Nguyen &
SVPE's and Peer
Educators
x x x x x x
Start by Believing - It's on CSUSM
Used washable chalk to write the
following message of support and in
solidarity with survivors: "Start by
Believing" Believe when someone tells
me they were harmed sexually. Support
survivors on the road to justice and
healing. End the Silence. It's on csUSm!
Chalk Art - Cesar
Chavez and Kellogg
Library Plaza
Two Sessions in one
day
9/27/2023
SHCS: Sexual
Violence Advocacy
& Education
Gricelda Alva Brito
and Cathy Nguyen
and Rosa Hunt
x x x x x x x
New Employee Orientation - NEO:
Culture of Respect - CSUEU & APC
Employees/ MPPs
Training for employees ( on types of
violence, mandated reporting
responsibilities, consent, reporting,
resources, and trauma-informed
classrooms/practices. Small and large
group discussions.
HR
A few times per
semester
Jan 2023 - July 2023,
11/9/2023,
12/14/2023
SHCS: Sexual
Violence Advocacy
& Education
Avery Bather &
Gricelda Alva Brito
x x x x x x
Tabling: Dating/Domestic Violence
Awareness Month (DVAM)
Tabling for Dating/Domestic Violence
Awareness Month (DVAM). Shared
information about upcoming events as
well as resources for sexual harm,
promoted DV Speak Out & Vigil, engage
students in an un/healthy relationships
activity, and share resources/giveaways.
Campus Community One time event
10/3/2023,
10/12/2023
SHCS: Sexual
Violence Advocacy
& Education
Avery Bather, Peer
Educators & Interns
x x x x x x
Sexual Violence Advocacy &
Education Overview
Presentation that covered types/roots of
sexual harm, consent, bystander
intervention, supporting survivors,
reporting options, and resources.
Class - Professor
Jodie Lawston
One time event 10/11/2023
SHCS: Sexual
Violence Advocacy
& Education
Gricelda Alva Brito x x x x x x
Dating/Domestic Violence
Awareness Month (DVAM) -
Scavenger Hunt
Event to promote DVAM, DV Speak out
and Vigil Event
Campus Community One time 10/12/2023
SHCS: Sexual
Violence Advocacy
& Education
SVPE's x x x x x x
Dating/Domestic Violence
Awareness Month (DVAM) - SVPE's
Distribute Notecards
Event to promote DVAM, DV Speak out
and Vigil Event
Campus Community One time 10/17/2023
SHCS: Sexual
Violence Advocacy
& Education
SVPE's x x x x x x
Ask the SEXperts: Sexual Violence
& Healthy Relationships
Overview of consent, healthy vs.
unhealthy relationships, bystander
intervention, and resources.
Human
Development Club
One time event 10/17/2023
SHCS: Sexual
Violence Advocacy
& Education
Gricelda Alva Brito
& Peer Educators
x x x x x x
112
Name of Program Description
Population
Served
Scheduling
Information
2023 Dates
Offered
Coordinating
Department
Presenters
Primary
Prevention &
Awareness
Program for new
students and
new employees
Ongoing
Prevention &
awareness
campaigns for
students and
employees
Domestic
Violence
Dating
Violence
Sexual
Assault
Stalking
Bystander
Intervention
Risk
Reduction
Purple Thursday: Donut Stand for
DV!
Tabling to promote Dating/Domestic
Violence Awareness Month (DVAM).
Activities on healthy vs unhealthy
relationships, resources, giveaways.
Campus Community Annual 10/19/2023
SHCS: Sexual
Violence Advocacy
& Education
Gricelda Alva Brito,
Cathy Nguyen, Peer
Educators & Interns
x x x x x x
DV Speak Out & Vigil
As the final and signature event of
Dating/ Domestic Violence Awareness
Month, this event provided an
opportunity to learn about community
resources, share stories/poetry and
create a space for social change. We
concluded the event with a candlelight
vigil in honor of those harmed and/or
murdered due to dating and domestic
violence.
Campus Community Annual 10/19/2023
SHCS: Sexual
Violence Advocacy
& Education
Gricelda Alva Brito,
Rosa Hunt, Cathy
Nguyen, Peer
Educators, Interns
x x x x x x x
Healthy Relationships and
Communicating Boundaries
Discussed dating boundaries,
communication and casual sexual
relationships
Campus Community One time event 10/19/2023
SHCS: Sexual
Violence Advocacy
& Education &
Black Student
initiatives The
Brotherhood
Alliance and the
Circle of Sisters
Gricelda Alva Brito
& Mel Walker -
Psych Intern
x x x x x x x
Know Your Title IX Rights
An interactive Panel discussion about
Title IX, Advocacy support and resources
for survivors of dating violence, sexual
assault, harassment, and stalking. The
campus community will have the
opportunity to hear what the university
is currently doing to support survivors
and ask questions directly from the Title
IX Coordinator, UPD Chief of Police and
Sexual Violence Advocate and Educator.
Campus Community One time event 10/24/2023
SHCS: SVPE, Hope
and Wellness
Bridget Blanshan,
Cathy Nguyen,
Gricelda Alva Brito,
Jesus Flores (UPD)
X x x x x x x x
Tabling: Love your body day - Rock
painting - self-love notes
Tabling to share sexual violence
advocacy resources. Promoted
Dating/Domestic Violence Awareness
Month (DVAM) with activities on healthy
vs unhealthy relationships, resources,
and giveaways.
Campus Community Annual 10/31/2023
WGEC and SHCS:
Sexual Violence
Advocacy &
Education
Gricelda Alva Brito,
Peer Educators &
Interns
x x x x x x x
Tabling for Dia de los Muertos
Event
Kellogg Library requested we table to
share resources from SHCS, especially for
those missing family members, loved
ones, and support systems due to grief
loss or being away from home. Also
provided information on SVPE resources
for survivors of interpersonal harm.
Campus Community Annual 11/2/2023
Latinx Center &
SHCS
Gricelda Alva Brito,
Rosa Hunt, Cathy
Nguyen, Peer
Educators, Interns
x x x x x x x
Palomar Health Hospital Forensic
Nurse
Forensic Nurse came to speak to SHCS
Staff about different types of SART
Exams, guest speakers including UPD
officers (5-6).
SHCS - Staff Annual 11/8/2023
SHCS: Sexual
Violence Advocacy
& Education
Gricelda Alva Brito X x x x x x x
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Name of Program Description
Population
Served
Scheduling
Information
2023 Dates
Offered
Coordinating
Department
Presenters
Primary
Prevention &
Awareness
Program for new
students and
new employees
Ongoing
Prevention &
awareness
campaigns for
students and
employees
Domestic
Violence
Dating
Violence
Sexual
Assault
Stalking
Bystander
Intervention
Risk
Reduction
November Basic Needs Fair - SVPE
outreach
Tabling event provided overview and
information regarding SVPE resources.
Campus Community Annual 11/14/2023
SHCS: Sexual
Violence Advocacy
& Education
Gricelda Alva Brito,
Rosa Hunt, Cathy
Nguyen, Peer
Educators, Interns
x x x x x x x
Ask the SEXperts: What’s Up Down
There?
Presentation on noticing any unusual
symptoms and seeking medical
treatment.
Campus Community One time event 11/2/2023
SHCS: Hope and
Wellness Peer
Educator
Cathy Nguyen, Peer
Educators, Interns
x x
Sigma Gamma Rho Sorority Inc’s
Annual Safe Sex Talk
Safe sex, healthy sexual boundaries, and
awareness
Campus Community One time event 11/9/2023 SHCS: Cathy Nguyen Cathy Nguyen x x x x x x x
World AIDS Day - SVPE tabling info
Outreach - prevention/education,
services
Campus Community One time event 11/30/2033
SHCS: Hope and
Wellness & Peer
Educators
SVPE's x x x x x x x
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Appendix C: Clery- Prevention Programs and Campaigns
Temecula locations January 1, 2023- December 31, 2023
Name of Program Description
Population
Served
Scheduling
Information
2023 Dates
Offered
Coordinating
Department
Presenters
Primary
Prevention &
Awareness
Program for new
students and
new employees
Ongoing
Prevention &
awareness
campaigns for
students and
employees
Domestic
Violence
Dating
Violence
Sexual
Assault
Stalking
Bystander
Intervention
Risk
Reduction
Spring 2023 New Student
Orientation
*Virtual & in-person New Student
Orientation for CSUSM Temecula Spring
Undergraduate Admits. Students are
provided an overview of resources,
contacts and information related to Dean
of Students, Cougar Care Network, Title
IX, reporting concerns, UPD and campus
safety (specific to the Temecula branch
campuses). Students also provided a
copy of CSUSM Temecula New Student
Handbook with resources/contacts re:
Title IX, CLERY and Dean of
Students/CCN. Additionally, new
Extended Learning students complete a
mandatory online orientation module
that further provides details about Title
IX, campus safety, Dean of Students, etc.
Incoming Spring'23
Undergraduate
Admits
Spring Orientations
= annually in
January
1/17/2023 and
1/18/2023
CSUSM Temecula
Student Services
Team & Faculty
Leads
CSUSM Temecula
Student Services
Team, with Faculty
Leads
X
*No New Summer 2023 Admits
for Nursing
N/A N/A N/A N/A N/A N/A
Fall 2023 New Student
Orientation
*Virtual & in-person New Student
Orientations for CSUSM Temecula Fall
Undergraduate Admits. Students are
provided an overview of resources,
contacts and information related to Dean
of Students, Cougar Care Network, Title
IX, reporting concerns, UPD and campus
safety (specific to the Temecula branch
campuses). Students also provided a
copy of CSUSM Temecula New Student
Handbook with resources/contacts re:
Title IX, CLERY and Dean of
Students/CCN. Additionally, new
Extended Learning students complete a
mandatory online orientation module
that further provides details about Title
IX, campus safety, Dean of Students, etc.
Incoming Fall'23
Undergraduate
Admits
Fall Orientations =
annually in August
8/22/2023 &
8/23/2023
CSUSM Temecula
Student Services
Team & Faculty
Leads
CSUSM Temecula
Student Services
Team, with Faculty
Leads
X
Fall 2023 CSUSM Temecula
Weeks of Welcome Resource Fair
CSUSM main campus representatives
table and provide information/resources
to new & continuing CSUSM Temecula
students, including SHCS and Dean of
Students/CCN. Providing information
about services/resources available to
students in regards to health, wellness,
and safety.
CSUSM Temecula
Matriculated
Students
Held annually
during early Fall
semester
9/28/2023
CSUSM Temecula
Student Services
Team, with SHCS,
DOS & UPD
SHCS, DOS & UPD
(Cathy Nguyen,
John Hall, David
Angulo, etc.)
X X X
115
Appendix D: Mt. San Jacinto College Policy Statements
Reporting Crimes & Emergencies
Students and staff should report crimes and emergencies, i.e., fire/medical, occurring on campus to the Campus
Safety Department, or call 911. Incidents may be reported to the Campus Safety Department from your cell phone
by calling (951) 639-5188, 24 hours a day, 7 days a week. During normal business hours, the Campus Safety
Department can be contacted at Room 102 at the Temecula Valley Campus.
In the event of an emergency, students and staff are requested to call 911 and make a prompt and accurate report
to the Campus Safety Department. Students are also encouraged to report crimes and any problems within the
campus environment to the Campus Safety Department and the Riverside Sheriff's Office (housed within the
Campus Safety Office).
In addition, you may report a crime to the following areas:
The Campus Safety Department partners with the WE-TIP anonymous crime tip line at (800) 78-CRIME or (800)
782-7463. Reports can be made 24 hours a day, seven days a week and are completely anonymous.
In cases of medical emergencies call 911, the Campus Safety Department should also be notified immediately at
951-639-5188.
Important Phone Numbers:
Emergencies 911
Campus Safety Department 951-639-5188
Risk Management 951-487-3190
Facilities/Maintenance 951-487-3103
• Utility outages
• Fire alarm maintenance
• Fire suppression equipment maintenance
Timely Warning Policy
If a situation arises on campus that poses an ongoing or continuing threat to the college community, the college
Director of Campus Safety in consultation with the college President and Vice-President of Student Services will
determine if a “timely warning” will be issued to inform the campus of the threat. Students and employees are
encouraged to update their alert information by going to msjc.edu/Alert/ Timely warnings are given through
college email and electronic text systems to students, faculty and staff. Timely warnings provide the college
community with information about serious incidents and crime prevention recommendations.
Campus Emergency Notification System
The Mt. San Jacinto Campus Safety Department has the responsibility to respond and assess situations or
incidents that may pose an immediate or ongoing threat to the safety and health of the college community. The
Director of Campus Safety will assess situations or incidents reported on campus and the surrounding areas to
determine whether an immediate or ongoing threat exists.
Upon confirming that there is an immediate threat to the safety of the college community or specific segments of
the college community, the Director of Campus Safety, the Chief Technology Officer, the Director of Public
Information and Marketing, and the college Superintendent/President or their designees are the authorized
administrators who will collaborate to determine the content of the emergency notification notice and will use
116
part or all of the emergency notification systems listed below, to communicate the threat to the entire college
population or segments thereof.
Mt. San Jacinto College has a campus wide emergency notification system. This system will enable the
authorized college personnel to quickly notify students, faculty, and staff about any campus emergency with
personalized voice, text, and e-mail messages. It is important that all students, staff and faculty provide the
college administration with correct contact information so that proper emergency notification can be made. Go to
the following web site for directions on how to update your information to ensure you receive emergency
notifications. http://www.msjc.edu/Alert/Documents/MSJCAlertContactInformation.pdf.
The Campus Safety Department has mobile and stationary public address systems available for as needed. The
college digital marquee signs located in the front of the Menifee Valley and San Jacinto campuses may also be
used to communicate and notify students and staff of immediate or ongoing threats. The campus email system
will be utilized to communicate alerts and ongoing updates to faculty and staff. The college’s student Web Portal
will also be utilized to notify students of threats and emergency updates as well. Currently, the District is in the
process of installing an alert public address system that can send emergency messages to each or specific
computers within the District.
Emergency Response/Evacuation Maps
In compliance with the Higher Education Act, Mt San Jacinto College Evacuation route maps are located on the
walls of all rooms near the doors. In addition to evacuation maps posted online within the MSJC emergency
manual are evacuation routes on the MSJC Campus Safety web page.
Access & Security Issues
All buildings will be secured by the Campus Safety Department by 10:05 pm on weekdays. The campuses are
closed on the weekends except for authorized special events. We recognize that there will be some need for after-
hours and weekend access to buildings. Employees are issued access control badges with hours of access
assigned for each employee. Exceptions to regular business hours access are approved by the Campus Safety
Director and Vice President of Human Resources. After hours, a faculty or staff I.D. is required. Anyone working
late should notify the Campus Safety Department at (951) 639-5188.
Access to College facilities is limited to staff, students and escorted guests. Entry is monitored during hours when
the college is open, from 7:00 am to 10:00 pm Monday, through Friday. The campus facilities are maintained by
Facilities Management and patrolled by the Campus Safety Department and Riverside County Sheriff's deputies
assigned to the college. The officers patrolling the campuses recommend the trimming of shrubbery for safety
reasons and conduct periodic lighting surveys. Officers report the need for replacement of lights and any other
physical hazards they notice. Periodic crime prevention surveys are conducted when a crime trend occurs or upon
physical changes of office space and equipment when requested by an administrator. Lighting and security
improvements are constantly being evaluated.
Safety of Campus Facilities / Residences
Mt. San Jacinto College does not provide housing or residences for students, faculty, or staff on or off-campus.
Regarding on-campus security, Mt. San Jacinto College strives to:
Create and maintain an environment for learning that promotes respect and appreciation of scholarship,
freedom, human diversity, and the cultural mosaic of the campus community. Promote excellence in
instruction and intellectual accomplishments. Provide broadly accessible higher education for residents of
the region, state and/or nation.
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The Mt. San Jacinto Campus Safety Department assists in delivery of the College's mission and strives to create a
safe environment conducive to academic excellence. We understand that crime is a nationwide problem, and we
strive to make our campus community a safe and secure environment. The Campus Safety Department works
closely with local police agencies, and the contracted on-campus law enforcement agency (Currently Riverside
Sheriff’s Office) and employs security measures to reduce and prevent crime.
For additional information, please view the Mt. San Jacinto College 2023 Annual Security Report.