Among the guarantees of the United States Constitution is the right of citizens to inform others of their opinion by peaceful demonstration, including picketing. The right to demonstrate does not include the right to break the law by:
Demonstrating on campus is subject to time, place and manner requirements. To ensure the orderly and peaceful flow of campus business and activities will not be disrupted, all organizations or individuals wishing to demonstrate should schedule the time and location of such an event in advance, thereby avoiding a conflict with a special campus or student event that may already be scheduled. To secure a permit, the protesting group must contact the Office of Student Life and Development, University Student Union, room 215 or call (562) 985-4181.
TIME: Protest activities that have been approved may occur during regular business hours, Monday through Friday, 8:00 a.m. through 5:00 p.m., or at times stated in the permit.
PLACE: Approved protest activities may take place on campus with the following
EXCEPTIONS: inside buildings and facilities; within the Liberal Arts corridor between LA-1 and LA-5; vendor areas and walkways immediately adjacent to the Forty-Niner Shops Bookstore/Dining Plaza; within 32 feet of the University Student Union escalator, as well as the covered walkway on the west side of the University Student Union from the escalator to the end of the walkway on West Campus Drive; and within 50 feet of any building in which instructional, educational and/or official business activities are being conducted.
MANNER: Those who participate must conduct themselves in an orderly and lawful manner. Such activities must not interfere with instructional programs or operations of the campus. In addition, such activities must not interfere with vehicle or pedestrian traffic. These activities must be conducted in conformance with all applicable federal and state laws and university policies and regulations.
NOTE: Restrictions may apply to the use of oversized wood stakes.
VIOLATIONS: Violations of time, place and manner policies may result in the removal of the offending party or parties from campus, as well as possible loss of further use of campus facilities and grounds and personal liability for any cost incurred by the campus due to improper use.
Additionally, where these activities present a danger to the safety of the campus community or where the activity interferes with lawful conduct of university business, the University Police may declare the activity an unlawful assembly and issue a dispersal order pursuant to California Penal Code §409.
Provided below are the regulations regarding criminal penalties for fraud and abuse as adopted by the United States Congress. These regulations are the federal code related to The Higher Education Act of 1965, Section 490.
The law establishes criminal penalties for fraud and abuse under the Title IV programs. Any person who knowingly and willfully embezzles, misapplies, steals or obtains by fraud, false statements or forgery, funds, assets, or property provided or insured under Title IV is subject to a fine of not more than $20,000 or imprisonment for not more than five years, or both.
A fine of $10,000 or imprisonment, or both, can be imposed on any person who is convicted of knowingly and willfully making any false statement, furnishing any false information, or concealing any material information in connection with the assignment of a loan which was made or insured under Title IV; or making an unlawful payment to an ineligible lender under the Federal Family Educational Law (FFEL) programs as an inducement to make, or acquire by assignment, a loan insured under one of those programs. (Reference: Higher education Act, as amended October 2002, Section 490. [20 U.S.C. 1097]
Any person convicted of destroying or concealing any record relating to the provision of assistance under any Title IV student assistance program with intent to defraud the U.S. Government is subject to a fine of not more than $20,000 or imprisonment for not more than five years or both (Reference: Title IV, Higher Education Act, 1965 as amended through July, 2001.) For information, call the Office of Financial Aid, (562) 985-8403.
Stopping violence at CSULB must address issues of indifference and the tolerance of ideas and actions that demean and objectify individuals.
Violence against a person includes sexual assault and stalking. Sexual assault in any form, perpetrated by any person - an acquaintance, date, stranger, partner or spouse; inappropriate touching or fondling; or cyber or physical stalking will not be tolerated by California State University, Long Beach. Where there is evidence that campus-related sexual assault has been committed by a student, campus disciplinary action will be initiated. Such campus disciplinary action may include, after due process, the possibility of expulsion, suspension, or dis-enrollment. If the victim initiates criminal action against the perpetrator, in addition to reporting the crime to a campus reporting authority, the perpetrator is subject to criminal penalties, which may include fines and imprisonment.
Within the university, the term “sexual assault” includes, but is not limited to, rape, sexual battery, forced sodomy, forced oral copulation, rape by a foreign object or threat of sexual assault. Rape is a criminal offense. Rape is generally defined as non-consensual sexual intercourse. It may involve the use or threat of force, violence, retaliation or immediate bodily injury to the individual or to family or friends of the individual. Rape also occurs when the victim is incapable of giving legal consent, for example, when:
(Reference: California Penal Code, Section 261, and the following sections)
“Acquaintance rape” or “date 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 touching is against the will of the person touched, for the purpose of sexual arousal, sexual gratification or sexual abuse [ California Penal Code, Section 243.4 (e)(1)].
“Assault” is defined as an unlawful attempt, coupled with the present ability, to commit a violent injury on the person of another (California Penal Code, Section 220; 240; 261; and following sections).
“Consent” is defined as 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. A current or previous dating or marital relationship is not sufficient to constitute consent where consent is at issue under specified circumstances. [California Penal Code, Section 261.6; 261.7; 266 (c)].
“Stalking” is when a person willfully, maliciously or repeatedly follows or 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.
“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).
CSULB views seriously its obligations 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 the rules and regulations of the California State University.
A student charged with a sexual abuse or sexual assault/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 Disciplinary Procedures for the California State University (Reference: Chancellor’s Executive Order 970. Student Conduct Procedures for the California State University; and, California Code of Regulations, Title 5, Section 41301-41304, 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 notified by using a campus telephone to call the emergency number at 9-1-1, or may be called at (562) 985-4101. The victim, or with the consent of the victim, University Police may contact one or more of the following by telephone, in person or in writing:
Sexual assault violations often result in physical harm, psychological harm, or both, and victims are urged to contact the following:
Counseling and Psychological Services provides crisis counseling as well as ongoing assistance to students who have experienced sexual assault; BH-226, (562) 985-4001, www.csulb.edu/caps.
Student Health Services offers routine medical examinations, including pregnancy tests and tests for sexually transmitted diseases; (562) 985-4771, www.csulb.edu/shs.
The University Women’s Resource Center provides referrals to campus and community services; videotapes; print information, including brochures for women and men; and crisis intervention peer assistance LA3-105, (562) 985-8576, www.csulb.edu/wrc.
Additional referrals are available through the following non-university agencies:
For an updated list of hotlines see: www.csulb.edu/wrc.
No student, employee, volunteer, member of the public, or recipient of services and/or benefits provided by CSULB shall be subjected to any form of prohibited discrimination or harassment in any CSULB programs, services or activities.
Prohibited Discrimination is treatment of an individual or class of individuals which denies opportunity, participation or benefit on any of the following grounds:
Prohibited Harassment is offensive conduct of an unwelcome nature on the basis of any of the characteristics identified. A hostile environment exists when such conduct unreasonably interferes with an individual’s ability to participate, learn and/or work.
Prohibited Retaliation/Reprisal for filing a complaint of discrimination or harassment, for opposing prohibited discrimination or harassment, or for testifying, assisting or participating in any manner in any complaint proceeding is not tolerated and constitutes separate grounds for complaint.
The university is committed to maintaining a safe environment in which individuals can be unafraid to discuss concerns. Any member of the university community may seek general information and guidance about discrimination and harassment issues in confidence. However, the university has a legal obligation to maintain an environment free of discrimination and harassment and to take appropriate action to stop prohibited behavior. Therefore, any promise of confidentiality is conditional.
The university has developed both informal and formal processes for the resolution of discrimination and harassment complaints. Individuals may utilize either of these avenues to resolve a complaint. Both of these processes are designed to resolve complaints in a timely and responsive manner at the earliest possible stage. Complaints must be filed no later than 180 days from the date of the alleged offense.
Discrimination contact persons and a discrimination complaint resolution officer (director of Equity and Diversity) have been appointed by the university president. These individuals serve as a resource for any member of the campus community. For a current listing of the contact persons, go towww.csulb.edu/depts/oed/resources/res-r3-2.htm.
An informal complaint may be initiated by notification to, or discussion with, one of the designated contact persons, the chair of an academic department, the dean of a college, the work supervisor, or the director of Equity and Diversity. Informal discussions may be initiated by any of the contact persons to work toward resolution of the complaint. All informal complaints must be reported by the contact persons to the discrimination complaint officer (director of Equity and Diversity). If the proposed remedy is unsatisfactory to the complainant, or if the complaint is not resolved in the informal process, the complaint can proceed to the formal level.
A formal complaint may be initiated by submitting a completed, signed complaint form to the Office of Equity and Diversity, USU-301. The complainant will be required to provide an account of the alleged incident, to describe what effect it has caused, and to propose what remedy is sought. Formal complaint procedures include notification to the individual charged with prohibited behavior. In the formal process, an investigation will be conducted by the discrimination complaint officer (director of Equity and Diversity) and his/her findings will be reported to the appropriate division executive. The division executive will take appropriate action.
The full text of these procedures, including timelines, is available from the Office of Equity and Diversity, USU-301, (562) 985-8256. See also www.csulb.edu/depts/oed/policies/polst-r6.htm.
Students may seek assistance with resolving a complaint by initiating an informal discussion with a representative of the Office of the Dean of Students, USU-219, (562) 985-8670. If the complaint is not resolved in the informal process, the complaint can proceed to a formal level.
A formal complaint may be initiated by a student submitting a written, dated and signed statement to the director of Judicial Affairs, BH-377 or the Office of the Associate Vice President/Dean of Students, USU-219. The complaint will be handled in accordance with Student Disciplinary Procedures for the California State University. See Campus REGS, Regulation XX, Student Conduct and Discipline, Probation, Suspension and Discipline of Students. (Reference: Executive Order 970, Office of the Chancellor, February 2, 2006; copies available upon request in the Office of Judicial Affairs, BH-377).
Note: Students may seek assistance with resolving a complaint against an employee of an auxiliary organization (Associated Students, CSULB Foundation and Forty-Niner Shops) by contacting the appropriate office listed below:
This policy is issued by the university president pursuant to Title 5, California Code of Regulations, Section 41301; and Section 952 of the General Education Provisions Act, as amended. It concerns the disclosure of information to a parent or legal guardian of a student regarding violation(s) of any rule or policy of the university, governing the use or possession of alcohol or a controlled substance. This policy was effective August 1, 2001.
Campus regulations and policies are adopted pursuant to the authority of the university president, CSULB, who is responsible for the educational effectiveness, academic excellence, and general welfare of the campus over which the president presides (California Code of Regulations, Title 5, Sections 41301; 42402).
Drug or alcohol violations are determined by established due process procedures, which include notice of the charges and the right to be heard. University-level, student disciplinary procedures follow Executive Order 970, Student Conduct Procedures for the California State University; the document is available in the Office of Judicial Affairs, BH-377; (562) 985-5270. On-campus housing Judicial Board Procedures and housing regulations are available in the Housing and Residential Life Office (562) 985-4187.
The primary purpose of this policy is to allow for notification to parents and legal guardians of students who are under the age of 21 that, after due process procedures, the university has determined that the student in question has violated campus drug or alcohol related policies. The final decision whether to notify is made by the university president’s designee, the vice president for Student Services. Reasons for such notification include:
For further clarification of this policy, contact the Office of the Associate Vice President for Student Services/Dean of Students, USU-219, (562) 985-8670.
Violations of the California Code of Regulations, Title 5, Sections 41301 and 41302 can result in disciplinary action on campus.
41301. Standards for Student Conduct. The university is committed to maintaining a safe and healthy living and learning environment for students, faculty, and staff. Each member of the campus community must choose behaviors that contribute toward this end. Student behavior that is not consistent with the Student Conduct Code is addressed through an educational process that is designed to promote safety and good citizenship and, when necessary, impose appropriate consequences.
Students are expected to be good citizens and to engage in responsible behaviors that reflect well upon their university, to be civil to one another and to others in the campus community, and to contribute positively to student and university life.
The following behavior is subject to disciplinary sanctions:
The chancellor shall adopt procedures to ensure students are afforded appropriate notice and an opportunity to be heard before the university imposes any sanction for a violation of the Student Conduct Code.
Sanctions for the conduct listed above can be imposed on applicants, enrolled students, students between academic terms, graduates awaiting degrees, and students who withdraw from school while a disciplinary matter is pending. Conduct that threatens the safety or security of the campus community, or substantially disrupts the functions or operation of the university is within the jurisdiction of this Article regardless of whether it occurs on or off campus. Nothing in this code may conflict with Education Code Section 66301 that prohibits disciplinary action against students based on behavior protected by the First Amendment.
Note:Authority cited: Sections 66017, 66452, 66600, 69810, 89030, 89030.1 and 89035, Education Code. Reference: Sections 66450, 69813 et seq. and 89030, Education Code; and Section 245.6, Penal Code.
Executive Order No. 970, Office of the Chancellor, February 2, 2006. Copies of Executive Order 970 from the Office of the Chancellor are available in the Office of Judicial Affairs, BH-377. Any person wishing to review a copy of Executive Order 970 will be provided a copy upon request. For further clarification of this policy, contact the director of Judicial Affairs, BH-377,
(562) 985-5270.
