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California State University, Long Beach
Dean of Students
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CAMPUS REGULATIONS XV - XX

CSULB Regulations for Campus Activities, Student Organizations & the University Community

Among the guarantees of the United States Constitution is the right of citizens to inform others of their opinions by peaceful demonstration, including picketing. The right to demonstrate does not include the right to break the law by:

  1. Blocking entrances, exits or sidewalks.
  2. Using physical force on individuals.
  3. Throwing any matter.
  4. Disturbing the peace.
  5. Using any offensive language likely to promote violence.
  6. Creating excessive noise by use of a device.
  7. Committing any other criminal acts.

Demonstrating on campus is subject to time, place and manner requirements. To ensure that 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, USU-215 or call (562) 985-4181.

TIME: Protest activities that have been approved may occur during regular business hours, Monday through Friday, 8 AM through 5 PM, 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, University Police may declare the activity an unlawful assembly and issue a dispersal order pursuant to California Penal Code §409.

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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.

Criminal Penalties for Fraud and Abuse

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 $10,000 or imprisonment for not more than five years, or both.

A fine of $10,000 or imprisonment of no more than one year, 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 $10,000 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.

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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 disenrollment. 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.

Sexual Assault

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:

  1. The victim is incapable of giving legal consent, due to a mental disorder, or is developmentally or physically disabled and this condition is known or reasonably should be known to the person committing the act.
  2. The victim is prevented from resisting the assault due to intoxicating substances such as alcohol, drugs or controlled substances or anesthetic and this condition was known, or reasonably should have been known by the accused.
  3. The victim is unconscious of the nature of the act and this is known to the accused.
  4. The act 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 by another.

(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).

University Jurisdiction

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: CSU Executive Order 1073. 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.

Campus Reporting Procedures

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 dialing 9-1-1 (from any telephone, including cell phones, on campus) or by calling (562) 985-4101.

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

Title IX requires the university to designate a Title IX Coordinator to monitor and oversee overall Title IX compliance. Your campus Title IX Coordinator is available to explain and discuss your right to file a criminal complaint (sexual assault and violence); the university’s complaint process, including the investigation process; how confidentiality is handled; available resources, both on and off campus; and other related matters. If you are in the midst of an emergency, please call the police immediately by dialing 9-1-1.

Title IX requires that the CSU adopt and publish complaint procedures that provide for prompt and equitable resolution of sex discrimination complaints, including sexual harassment and violence. CSU Executive Order 1074 (http://www.calstate.edu/eo/EO-1074.pdf) is the systemwide procedure for all complaints of discrimination, harassment or retaliation made by students against the CSU, a CSU employee, other CSU students or a third party.1

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

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

1 CSU Executive Orders 927 and 928 set forth the university’s systemwide policy and complaint procedure for discrimination, harassment and retaliation for employees not eligible to file a complaint or grievance under a collective bargaining agreement or whose collective bargaining agreement incorporates the CSU systemwide complaint procedure.

Support Services

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, and annual educational programs on awareness and prevention of sexual assault, rape, domestic and interpersonal violence, and stalking; LA3-105, (562) 985-8576, www.csulb.edu/wrc.

Off-Campus 24-Hour Hotlines:

  1. YWCA/GLA Sexual Assault Crisis Program – (877) 943-5778
  2. Orange County Rape Crisis Hotline– (949) 831-9110 and (714) 957-2737
  3. The Rape Treatment Center – Santa Monica Hospital, (310) 319-4000
  4. East LA Rape Hotline – (800) 585-6231
  5. Peace Over Violence – LA Metro, (310) 392-8381 and (213) 626-3393
  6. Peace Over Violence – San Gabriel Valley (626) 793-3385
  7. Center for the Pacific Asian Family – (800) 339-3940
  8. Interval House Crisis Shelter (Domestic Violence Services) – (562) 594-4555
  9. WomenShelter of Long Beach (Domestic Violence Services) – (562) 437-4663
  10. Su Casa Domestic Violence Services – (562) 402-4888
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Policy Prohibiting Discrimination and Harassment

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:

Age
Ancestry
Color
Covered U.S. Military Service
Ethnicity
Gender/Gender Identity
Marital Status
Medical Condition
National Origin
Physical or Mental Disability
Pregnancy
Race
Religion
Sexual Orientation

Prohibited Harassment including bullying, 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.

Confidentiality

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.

Complaint Process, Student Complaint Against Non-Student

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.

A discrimination complaint resolution officer (Larisa Hamada, Title IX Coordinator, director of Equity and Diversity) has been appointed by the university president. This individual serves as a resource for any member of the campus community.

An informal complaint may be initiated by contacting 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. All informal complaints reported to other university employees must be referred to the director of Equity and Diversity.

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 http://www.csulb.edu/depts/oed/policies/complaints.html.
See also Executive Order 1074: http://www.calstate.edu/eo/EO-1074.html.

Complaint process, student complaint against student

Students may seek assistance with resolving a complaint by initiating an informal discussion with Larisa Hamada, Title IX Coordinator, director of Equity and Diversity. If the complaint is not resolved in the informal process, the complaint can proceed to a formal level. See also Executive Order 1074:
http://www.calstate.edu/eo/EO-1074.html

A formal complaint may be initiated by a student submitting a written, dated and signed statement to the director of Equity and Diversity, USU-301. The complaint will be handled in accordance with Executive Order 1074:
http://www.calstate.edu/eo/EO-1074.html

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:

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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.

Authority

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).

Due Process

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 CSU Executive Order 1073, 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.

Purpose

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:

  1. seeking parental assistance in remediating the student’s immediate alcohol or drug problem.
  2. Alerting parents to potential difficulty the student may be experiencing.
  3. Serving as an educational or preventative measure for the student.
  4. Formally notifying the parents that future violations of campus policies by the student may lead to additional university disciplinary actions.

For further clarification of this policy, contact the Office of the Associate Vice President/Dean of Students, USU-219, (562) 985-8670.

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This policy is issued by the university president pursuant to Title 5, California Code of Regulations, Section 41301, Standards for Student Conduct.

CAMPUS COMMUNITY VALUES

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 should choose behaviors that contribute toward this end. 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.

GROUNDS FOR STUDENT DISCIPLINE

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.

The following are the grounds upon which student discipline can be based:

  1. Dishonesty, including:
    1. Cheating, plagiarism, or other forms of academic dishonesty that are intended to gain unfair academic advantage.
    2. Furnishing false information to a university official, faculty member or campus office.
    3. Forgery, alteration or misuse of a university document, key or
      identification instrument.
    4. Misrepresenting one’s self to be an authorized agent of the university or one of its auxiliariess.
  2. Unauthorized entry into, presence in, use of or misuse of university property.
  3. Willful, material and substantial disruption or obstruction of a university-related activity, or any on-campus activity.
  4. Participating in an activity that substantially and materially disrupts the normal operations of the university, or infringes on the rights of members of the university community.
  5. Willful, material and substantial obstruction of the free flow of pedestrian or other traffic, on or leading to campus property or an off-campus university-related activity.
  6. Disorderly, lewd, indecent or obscene behavior at a university-related activity, or directed toward a member of the university community.
  7. Conduct that threatens or endangers the health or safety of any person within or related to the university community, including physical abuse, threats, intimidation, harassment or sexual misconduct.
  8. Hazing or conspiracy to haze. Hazing is defined as any method of initiation or pre-initiation into a student organization or student body, whether or not the organization or body is officially recognized by an educational institution, which is likely to cause serious bodily injury to any former, current or prospective student of any school, community college, college or university or other educational institution in this state (Penal Code 245.6), and in addition, any act likely to cause physical harm, personal degradation or disgrace resulting in physical or mental harm, to any former, current or prospective students of any school, community college, college, university or other educational institution. The term “hazing” does not include customary athletic events or school sanctioned events. Neither the expressed or implied consent of a victim of hazing, nor the lack of active participation in a particular hazing incident is a defense. Apathy or acquiescence in the presence of hazing is not a neutral act, and is also a violation of this section.
  9. Use, possession, manufacture or distribution of illegal drugs or drug-related paraphernalia, (except as expressly permitted by law and university regulations) or the misuse of legal pharmaceutical drugs.
  10. Use, possession, manufacture or distribution of alcoholic beverages (except as expressly permitted by law and university regulations), or public intoxication while on campus or at a university-related activity.
  11. Theft of property or services from the university community, or misappropriation of university resources.
  12. Unauthorized destruction or damage to university property or other property in the university community.
  13. Possession or misuse of firearms or guns, replicas, ammunition, explosives, fireworks, knives, other weapons or dangerous chemicals (without the prior authorization of the campus president) on campus or at a university-related activity.
  14. Unauthorized recording, dissemination or publication of academic presentations (including handwritten notes) for a commercial purpose.
  15. Misuse of computer facilities or resources, including:
    1. Unauthorized entry into a file, for any purpose.
    2. Unauthorized transfer of a file.
    3. Use of another’s identification or password.
    4. Use of computing facilities, campus network, or other resources to interfere with the work of another member of the university community.
    5. Use of computing facilities and resources to send obscene or
      intimidating and abusive messages.
    6. Use of computing facilities and resources to interfere with normal university operations.
    7. Use of computing facilities and resources in violation of copyright laws.
    8. Violation of a campus computer use policy.
  16. Violation of any published university policy, rule, regulation or presidential order.
  17. Failure to comply with directions of, or interference with, any university official or any public safety officer while acting in the performance of his/her duties.
  18. Any act chargeable as a violation of a federal, state or local law that poses a substantial threat to the safety or well-being of members of the university community, to property within the university community or poses a significant threat of disruption or interference with university operations.
  19. Violation of the Student Conduct Procedures, including:
    1. Falsification, distortion or misrepresentation of information related to a student discipline matter.
    2. Disruption or interference with the orderly progress of a student
      discipline proceeding.
    3. Initiation of a student discipline proceeding in bad faith.
    4. Attempting to discourage another from participating in the student discipline matter.
    5. Attempting to influence the impartiality of any participant in a student discipline matter.
    6. Verbal or physical harassment or intimidation of any participant in a student discipline matter.
    7. Failure to comply with the sanction(s) imposed under a student
      discipline proceeding.
    8. Encouraging, permitting or assisting another to do any act that could subject him or her to discipline.

PROCEDURES FOR ENFORCING THIS CODE

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.

APPLICATION OF THIS 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.

STUDENT DISCIPLINARY PROCEDURES FOR THE CALIFONIA STATE UNIVERSITY AND COLLEGES

Reference:
CSU Executive Order No. 1073, April 2011. Copies of CSU Executive Order 1073 are available in the Office of Judicial Affairs, BH-377. Any person wishing to review a copy of CSU Executive Order 1073 may view it at http://calstate.edu/eo/EO-1043.html. For further clarification of this policy or to request a copy of it, contact the director of Judicial Affairs, BH-377, (562) 985-5270.

 

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