Students, faculty, and staff who are victims of sexual assault committed at or upon the grounds of the University, or upon off-campus grounds or facilities maintained by affiliated student organizations, are required by law to be advised of specified information, to include treatment, related campus procedures, referral options, and other assistance which may be available [California Education Code, Section 67385]. This policy is designed to provide the written procedures and information required.
Rape, including acquaintance rape, or any other form of sexual assault, will not be tolerated by California State University, Long Beach. Where there is evidence that campus-related sexual assault has been committed, severe campus disciplinary action will be initiated. Such campus disciplinary action may include, after due process, the possibility of dismissal, suspension or disenrollment. Additionally, where the victim initiates criminal action, the perpetrator is subject to criminal penalties which may include fines and imprisonment.
The term “sexual assault” includes, but is not limited to, rape, acquaintance rape, sexual battery, forced sodomy, forced oral copulation, rape by a foreign object, or threat of sexual assault [California Education Code, Section 67385(d)].
Rape is a criminal offense. “Rape” is generally defined as an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, under specified circumstances. For example, it may involve the use or threat of force, violence, retaliation, or fear of or actual immediate and unlawful bodily injury. Rape also occurs when the victim is incapable of giving legal consent, for example, when: a) the victim has a mental disorder, or is developmentally or physically disabled; or b) the victim is prevented from resisting the assault due to intoxicating substances (e.g. alcohol or drugs); or c) the victim is unconscious of the nature of the act, and such condition was known or reasonably should have been known to the accused (Reference: California Penal Code, Section 261, and the following sections). Spousal rape is also prohibited under the "Spousal Rape" provisions of the California Penal Code, Section 262.
“Acquaintance Rape” is forced sexual intercourse undertaken by someone the victim knows, against the will of the victim or as a result of threats, force or fear.
“Sexual Battery” is defined as the touching of an intimate part of another person, if the person is unlawfully restrained and if the touching is against the will of the person touched, for the purpose of sexual arousal, sexual gratification, or sexual abuse [Reference: California Penal Code, Section 243.4 (e) (i)].
“Assault with intent to commit a sexual battery” is defined as an unlawful attempt, coupled with the present ability, to commit a violent injury (e.g., rape) or sexual battery on the person of another. (Reference: California Penal Code, Section 220; 240; 261; and following sections).
“Consent” is defined as positive cooperation in an 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. A current or previous dating or marital relationship is not sufficient to constitute consent where, under specified conditions, consent is at issue [Reference: California Penal Code, Section 261.6; 266(c)].
“Unlawful Sexual Intercourse with a minor” is an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, where the person is under the age of 18 years (California Penal Code, Section 261.5).
Any person who willfully and lewdly commits any lewd or lascivious act upon or with the body or any part of a child under the age of 14 years with the intent of arousing, appealing to, or gratifying the sexual desires or passions of either the child or defendant is guilty of a felony. Any person who commits any act in the previous sentence with a person 14 or 15 years old, and the defendant is at least 10 years older than the child is guilty of a public offense (California Penal Code, Section 288). Any person who intentionally gives, transports, provides, persuades or makes available to another a child under age 16 for lewd or lascivious acts is guilty of a felony, punishable by fine and imprisonment [California Penal Code, Section 266(j)]. Every person who annoys or molests any child under the age of 18 is punishable by fine and imprisonment, or both fine and imprisonment (California Penal Code, Section 647.6).
California State University, Long Beach views seriously its obligation to uphold the laws of the larger community of which it is a part. An association with the University does not exempt a person from local, state, or federal laws, but rather imposes the additional obligation to abide by all of the rules and regulations of the California State University.
A student charged with a sexual abuse or sexual assault or sexual battery violation which is campus related may be subject to prosecution under appropriate California criminal statutes, as well as being subject to student discipline under the Student Conduct Procedures (Reference: Chancellor's Executive Order 1074, "; and Title V, California Code of Regulations, Section 41301 41302, "Student Discipline").
Employees charged with a sexual abuse violation which is campus-related may be subject to prosecution under appropriate California criminal statutes, as well as being subject to discipline under the California Education Code, Sections 89535 89540. Such campus disciplinary action for employees may include demotion, suspension, or dismissal.
Persons involved in, or possessing knowledge of, a campus-related abuse violation are strongly encouraged to notify University Police immediately. University Police may be contacted by:
An officer will be dispatched and will assist the victim to a medical facility for medical care and collection of evidence. An officer will assist the victim with a police report should the victim desire to make one. An officer will remain available to the victim until a friend or relative can be located.
The University Police Department cannot hold reports of crime in confidence. Confidential reports for purposes of inclusion in the annual disclosure of crime statistics can generally be made to other CSU campus security authorities identified as the following:
Alternatively, one may anonymously report a crime to the above listed campus authorities. Each respective unit or person contacted will be responsible for reports, as may require by law, to be filed for their respective unit, e.g. violations under the Child Abuse Reporting Law, Jeanne Clery Act or Meagan’s law.