Training Compliance and Informational Overview

Consent

CSU Policy Article VII, subd (A)(3) - Affirmative Consent must be voluntary and given without coercion, force, threats, or intimidation. It is the responsibility of each person involved in the sexual activity to ensure Affirmative Consent has been obtained from the other participant(s) prior to engaging in the sexual activity. Affirmative Consent means an agreement to engage in sexual activity that is: 

• Informed
• Affirmative
• Conscious
• Voluntary
• Mutual

Lack of protest or resistance does not mean there is Affirmative Consent. Silence does not mean there is Affirmative Consent. The existence of a dating or social relationship between those involved, or the fact of past sexual activities between them, should never by itself be assumed to be an indicator of Affirmative Consent. A request for someone to use a condom or birth control does not, in and of itself, mean there is Affirmative Consent. Affirmative Consent can be withdrawn or revoked. Consent must be ongoing throughout a sexual activity and can be revoked at any time, including after sexual activity begins. Once consent is withdrawn or revoked, the sexual activity must stop immediately. Consent to one form of sexual activity (or one sexual act) does not constitute consent to other forms of sexual activity. Consent given to sexual activity on one occasion does not constitute consent on another occasion. 

CA Penal Code §261.6 - positive cooperation in act or attitude pursuant to the exercise of free will. The person must act freely and voluntarily and have knowledge of the nature of the act or transaction involved. 

Dating Violence

CSU Policy Article VII, subd (A)(6) - physical violence or threat of physical violence committed by a person - 

• who is or has been in a social relationship of a romantic or intimate nature with the Complainant; and 
• where the existence of such a relationship shall be determined based on a consideration of the following factors: 
  • the length of the relationship 
  • the type of relationship 
  • the frequency of the interaction between the persons involved in the relationship

Domestic Violence

CSU Policy Article VII. Section 6 - physical violence or threat of physical violence committed by a current or former spouse or intimate partner of the Complainant, by a person with whom the Complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the Complainant as a spouse or intimate partner, or by a person similarly situated to a spouse of the Complainant. 

CA Penal Code 13700(b) - abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship. 

Sexual Assault

CA Penal Code §243.4 - touching another person's intimate part against their will for the purpose of sexual arousal, sexual gratification, or sexual abuse.

Sexual Exploitation

CSU Policy Article VII, subd. (A)(5) - a person taking sexual advantage of another person for the benefit of anyone other than that person without that person's consent, including, but not limited to, any of the following acts:

• the prostituting of another person
• the trafficking of another person, defined as the inducement of a person to perform a commercial sex act, or labor of services, through force, fraud, or coercion
• the recording of images, including video or photograph, or audio of another person's sexual activity or intimate parts, without that person's consent
• the distribution of images, including video or photographs, or audio of another person's sexual activity or intimate parts, if the individual distributing the images or audio knows or should have known that the person depicted in the images or audio did not consent to the disclosure
• the viewing of another person's sexual activity or intimate parts, in a place where that other person would have a reasonable expectation of privacy, without that person's consent, for the purpose of arousing or gratifying sexual desire

Sexual Misconduct

CSU Policy Article VII, subd (A)(3) - includes but not limited to the following conduct: 

• an attempt, coupled with the ability, to commit a violence injury on the person of another because of that person's Gender or Sex
• the intentional touching of another person's intimate body parts without Affirmative Consent
• intentionally causing a person to touch the intimate body parts of another without Affirmative Consent
• using a person's own intimate body part to intentionally touch another person's body without Affirmative Consent
• any unwelcome physical sexual acts, such as unwelcome sexual touching
• using physical force, violence, threat, or intimidation to engage in sexual activity 
• ignoring the objections of the other person to engage in sexual activity
• causing the other person's incapacitation through the use of drugs or alcohol to engage in sexual activity
• taking advantage of the other person's incapacitation to engage in sexual activity

Stalking

CSU Policy Article VII, subd (A)(7) - engaging in a Course of Conduct directed at a specific person that would cause a reasonable person to fear for the safety of self or others' safety or to suffer Substantial Emotional Distress. 

CA Penal Code §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. 

Retaliation

CSU Policy Article VII, subd (A)(9) - a substantial motivating reason for an Adverse Action taken against a person was because the person has or is believed to have: 

• exercised their rights under the CSU Nondiscrimination Policy
• reported or opposed conduct which was reasonably and in good faith believed to be in violation of the CSU Nondiscrimination Policy
• assisted or participated in an investigation/proceeding under the CSU Nondiscrimination Policy or assisted someone in reporting or opposing Retaliation under the CSU Nondiscrimination Policy
• Adverse Action - 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. 

Retaliation may occur whether or not there is a power or authority differential between the individuals involved. 

The California State University and each campus 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. 

Bystander Education encourages employees and students to: 

1. Notice the Event
2. Interpret the Event as a Problem
3. Assume Personal Responsibility
4. Learn How to Help
5. and Step Up by utilizing the "4 Ds" - Direct, Distract, Delegate, and Delay
   1. Direct - Directly addressing the situation. 
   2. Distract - Making a simple (or elaborate) distraction to diffuse the situation.
   3. Delegate - Finding someone else to address the concern. 
   4. Delay - Checking in with the person after to see if you can do anything to support them.

Only those who are involved in the perpetration of sexual misconduct/sexual assault, dating violence, domestic violence, sexual exploitation, and/or stalking are responsible for those actions. The following recommendations to reduce risk of experiencing forms of sexual violence are to help mitigate personal risk and contribute to a caring campus community. 

Sexual Misconduct/Sexual Assault

Communication is key to healthy relationships and healthy sexual interactions. Obtain Affirmative Consent from your partner for all sexual activity. Consent is: Affirmative, Informed, Conscious, Voluntary, and a Mutual Agreement to engage in sexual activity. 

• Engaging in sexual activity without first obtaining Affirmative Consent to the specific activity constitutes Sexual Misconduct, whether the conduct violates any civil or criminal law.
• Affirmative Consent can be withdrawn or revoked at any time. 
• Affirmative Consent to sexual activity in the past does not mean consent in future - there must be voluntary consent for all sexual activity. 
• Lack of protest, resistance, or mere silence does not equal Affirmative Consent. 
• 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 the minor consents to the sexual activity. 
• Do not engage in sexual activity with someone who is incapacitated. 
  •  A person who is incapacitated by alcohol or drugs cannot give Affirmative Consent. 
  • A person who is unconscious or asleep cannot give Affirmative Consent. 
  • 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: 
  • They pressure or guilt you into doing things you may not want to do. 
  • 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. 
  • They react negatively with sadness, anger, or resentment if you don't consent to something or don't consent immediately. 

Dating/Domestic Violence

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 may different methods at different moments. Even one or two of the following behaviors is a red flag that a partner may be abusive. 

Common signs of abusive behavior in a relationship: 

• 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 or 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. Access a list of resources from the CSULB Title IX webpage. You can also contact the free and confidential National Domestic Violence Hotline at 1-800-799-SAFE (7233). 

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 or speak up around you, 
• Restricts their own interactions with friends, family, coworkers, or others to avoid upsetting you. 

If you recognize the behaviors above in yourself or in how your partner reacts, these could be signs you are hurting them. This can be a difficult realization to come to but it's vital you do so to change your behaviors 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. 

Victims of dating/domestic violence may consider contacting CSULB's Campus Confidential Advocates. Abusive partners may consider contacting the following confidential resources: Counseling and Psychological Services (students), Faculty & Staff Assistance Program, FSAP (employees), or Empathia: Life Matters (employees). 

Survivors of sexual violence, dating/domestic violence, and stalking have a right to decide how, when, and where to report their experience to authorities, should they want to. The following below are appropriate campus offices to receive reports or concerns and recommendations for what to do, should a survivor decide to report. 

Reporting to Appropriate Campus Offices

Non-confidential Resources

• Office of Equity & Compliance | (562) 985-8256 | OEC@csulb.edu
• University Police | (562) 985-4101 

Confidential Resources

• CSULB Campus Confidential Advocates | (562) 985-2668 | Advocate@csulb.edu 

Preservation of Evidence

If a survivor is still deciding if and/or where they may want to report a Title IX incident, they may consider preserving evidence for future reporting (e.g. saving text messages, social media direct messages, clothing, bedding, etc.). 

When deciding where to seek support for Title IX incidents, survivors may want to consider the following: 

Confidentiality 

CSULB's Campus Confidential Advocates provide confidential services with the following exceptions: 

1. An individual states intention to harm self. 
2. An individual states intention to harm another person. 
3. An individual reports child abuse. 

The Office of Equity & Compliance and University Police have responsibilities to consider campus safety and a duty to issue rights and resources to survivors of Title IX incidents. Both offices do not guarantee confidentiality. 

Supportive Measures

The Office of Equity & Compliance and Campus Confidential Advocates can assist with supportive measures for student survivors. Supportive measures include, but are not limited to, academic accommodations, no contact agreements, and housing support for domestic violence concerns. 

Adjudication

Disciplinary Procedures

CSULB's adjudication and disciplinary procedures are processed according to requirements in the CSU Nondiscrimination Policy and EO 1098 (Student Conduct Process policy). Campus processes are educational and are separate from legal processes, however both process types may take place concurrently.

If found responsible for policy violations outlined in the CSU Nondiscrimination Policy, discipline for employees includes, but is not limited to, suspension, demotion, and termination of employment. 

If found responsible for policy violations outlined in the CSU Nondiscrimination Policy, students may face the following possible sanctions outlined in Article V of EO 1098: 

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

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

1. Loss of Financial Aid - Scholarships, loans, grants, fellowships and any other types of state financial aid given or guaranteed for the purposes of academic assistance can be conditioned, limited, canceled or denied. 
2. Educational and Remedial Sanctions  - Assignments, such as work, research, essays, service to the University or the community, training, counseling, removal from participation in recognized student clubs and organizations (e.g., fraternities and sororities), and/or University events, or other remedies intended to discourage similar misconduct or as deemed appropriate based upon the nature of the violation. 
3. Denial of Access to Campus or Persons - A designated period of time during which the Student is not permitted: (i) on University Property or specified areas of Campus, or (ii) to have contact (physical or otherwise) with the Complainant, witnesses or other specified persons. 
4. Disciplinary Probation - A designated period of time during which privileges of continuing in Student status are conditioned upon future behavior. Conditions may include the potential loss of specified privileges to which a current Student would otherwise be entitled, or the probability of more severe disciplinary sanctions if the Student is found to violate the Student Conduct Code or any University policy during the probationary period. 
5. Suspension  - Temporary separation of the Student from Student status from the California State University system. 
   • A Student who is suspended for less than one academic year shall be placed on inactive Student (or equivalent) status (subject to CSULB-specific policy) and remains eligible to re-enroll at the University or another campus (subject to individual Campus enrollment policies) once the suspension has been served. Conditions for re-enrollment may be specified. 
   • A Student who is suspended for one academic year or more shall be separated from Student status but remains eligible to reapply to the University or another campus (subject to individual Campus application policies) once the suspension has been served. Conditions for readmission may be specified. 
   • Suspension of one academic year or more, withdrawals in lieu of suspension, and withdrawals with pending misconduct investigations or disciplinary proceedings shall be entered on the Student's transcript permanently without exception; this requirement shall not be waived in connection with a resolution agreement. 
6. Expulsion  - Permanent separation of the Student from Student status from the California State University system. Expulsion, withdrawal in lieu of expulsion, and withdrawal with pending misconduct investigation or disciplinary proceeding shall be entered on the Student's transcript permanently, without exception; this requirement shall not be waived in connection with a resolution agreement. 

B. Multiple Sanctions: More than one sanction may be imposed for a single violation. 

C. Good Standing: A student is not considered to be in good standing for purposes of admission to the University while under a sanction of suspension or expulsion, or while his or her admission or re-admission has been qualified. 

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

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

Myths and Facts About Sexual Misconduct and Sexual Assault