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Statement of Values

The California State University (CSU) is committed to an inclusive and equitable community that values diversity and fosters mutual respect. We embrace our community differences in Age, Disability (physical and mental), Gender, Gender Identity (including Nonbinary or Transgender), Gender Expression, Genetic Information, Marital Status, Medical Condition, Nationality, Pregnancy or related conditions, Race or Ethnicity (including color, caste, or ancestry), Religion or Religious Creed, Sex (including Sex Stereotyping or Sex Characteristics), Sexual Orientation, and Veteran or Military Status. All Students and Employees have the right to participate fully in CSU programs, activities, admission, and employment free from Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking and Retaliation.

Prohibited Conduct Covered Under this Policy and Applicability

The definitions of Prohibited Conduct and capitalized terms below should be used for alleged misconduct that occurs on or after August 1, 2024. The definitions for alleged misconduct that occurred before August 1, 2024, can be found in the Policy in place at the time of the alleged misconduct

The CSU prohibits the following conduct, as defined in section V.A and B

1. Discrimination based on any Protected Status, including Age, Disability (physical and mental), Gender, Gender Identity (including Nonbinary or Transgender), Gender Expression, Genetic Information, Marital Status, Medical Condition, Nationality, Pregnancy or related conditions, Race or Ethnicity (including color, caste, or ancestry), Religion or Religious Creed, Sex (including Sex Stereotyping or Sex Characteristics), Sexual Orientation, and Veteran or Military Status.
2. Harassment based on any Protected Status.
3. Sexual Harassment and other Harassment on the basis of Sex or Gender, including: Hostile environment or Quid Pro Quo Harassment (e.g., when a person conditions a benefit on the Complainant鈥檚 participation in unwelcome sexual conduct).
4. Dating Violence, Domestic Violence, Sexual Exploitation, and Stalking; and/or
5. Sexual Misconduct.
6. Prohibited Consensual Relationships.
7. Retaliation.

Policy Implementation

This Nondiscrimination Policy is established in compliance with:

1. Title VI and Title VII of the Civil Rights Act of 1964;
2. Title IX of the Education Amendments of 1972, Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance (34 C.F.R. 106.);
3. The California Equity in Higher Education Act;
4. The Violence Against Women Reauthorization Act of 2013 (which amends the Jeanne Clery Disclosure of Campus Security and Campus Crimes Statistics Act, commonly known as the Clery Act) (VAWA) under its Campus Sexual Violence Elimination Act provision (Campus SaVE Act);
5. Section 504 of the Rehabilitation Act of 1973;
6. Title II of the Americans with Disabilities Act of 1990;
7. The Age Discrimination Act of 1975; and
8. Other applicable state and federal laws which prohibit Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation.

Applicable Complaint Procedures

The CSU has adopted grievance procedures that provide for the prompt and equitable resolution of Complaints made by Students, Employees, designated officials, or other individuals who are participating or attempting to participate in its education programs, activities, or employment and allege any action that would be prohibited by this Nondiscrimination Policy.听听The following describes the appropriate procedures for investigating or resolving Complaints that fall under this Nondiscrimination Policy for Complaints that allege conduct that occurred on or after August 1, 2024.

1. Track 1 (Federal Mandated Hearing Process) attached to this Nondiscrimination Policy sets out the procedures that will apply to Complaints against a Student, Employee, Third Parties, and/or Student-Employees where the alleged conduct:听
2. 1. Meets the definition of Sexual Harassment as defined in Article V.B of the Nondiscrimination Policy (also defined in Track 1, Article II.K); and 听
   2. Occurred in the United States; and 听
   3. Occurred in an education program or activity at the university, as defined in Track 1, Article II.E.听
3. Where Track 1 does not apply: For Complaints against a Student, the apply.
4. Where Track 1 does not apply: For Complaints against Employees, Third Parties, and/or Student鈥揈mployees (where the alleged conduct arose out of their status as an Employee and not their status as a Student), the apply.
5. Complaints against a President, Title IX Coordinator/DHR Administrator, the Chancellor, or member of the Board of Trustees.

1. Where Track 1 does not apply: Complaints against a President, Title IX Coordinator/DHR Administrator, the Chancellor, or member of the Board of Trustees will be processed under the .
2. Complaints against the Chancellor or member of the Board of Trustees shall be made to the Title IX Coordinator/DHR Administrator at the Chancellor鈥檚 Office.

3. Complaints alleging violations of this Nondiscrimination Policy against a President or Title IX Coordinator/DHR Administrator shall be made to the Office of Civil Rights Programming & Services at CO-Complaints@calstate.edu.

4. When circumstances warrant, the Chancellor, Vice Chancellor for Human Resources, or Associate Vice Chancellor for Civil Rights Programming & Services may determine in other cases that a Complaint will be addressed by the Office of Civil Rights Programming & Services at the Chancellor鈥檚 Office rather than the Campus.听

Policy Definitions

The Policy Definitions are not intended to be identical to legal requirements, and in some cases, conduct may be determined to violate this Policy even though it does not necessarily violate federal or state law.

This Nondiscrimination Policy prohibits Discrimination, Harassment, Sexual Misconduct, Sexual Harassment, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, Prohibited Consensual Relationships, and Retaliation as defined below.

References to the singular in the policy definitions include the plural, as applicable.

1. Non-Title IX (Tracks 2 and 3) Prohibited Conduct鈥�听听
2. 1. Discrimination听is conduct that causes harm to a Complainant based on their actual or perceived Protected Status within the CSU鈥檚 educational programs, activities, or employment which results in the denial or limitation of services, benefits, or opportunities provided by the CSU.听Under this Nondiscrimination Policy, the definition of Discrimination includes:听听
   2. 1. Different Treatment Discrimination: Different Treatment Discrimination occurs when the Complainant is: 1) treated less favorably; 2) than other similarly situated individuals under similar circumstances; 3) because of the Complainant鈥檚 actual or perceived Protected Status; and 4) not for a legitimate, nondiscriminatory reason. Insignificant or trivial actions or conduct not reasonably likely to do more than anger or upset a Complainant do not constitute 鈥淒ifferent Treatment Discrimination.鈥�
      2. • Under this Nondiscrimination Policy, discrimination in employment includes any adverse employment action or conduct that is reasonably likely to impair the Employee's job performance or prospects for advancement or promotion.
         • An allegation that an Employee is receiving unequal pay because of their Protected Status (for example, under the California Equal Pay Act) constitutes a Discrimination Complaint under this Nondiscrimination Policy.
   3. Harassment means unwelcome verbal, nonverbal or physical conduct engaged in because of an individual Complainant's Protected Status. Harassment includes, but is not limited to, verbal harassment (e.g., epithets, derogatory comments, or slurs), physical harassment (e.g., assault, impeding or blocking movement, or any physical interference with normal work or movement), and visual forms of harassment (e.g., derogatory posters, cartoons, drawings, symbols, or gestures.). Single, isolated incidents will typically be insufficient to rise to the level of Harassment. Harassment may occur when:
   4. 1. Submitting to, or rejecting, verbal, nonverbal, or physical conduct is explicitly or implicitly a basis for:

• Any decision affecting a term or condition of the Complainant's employment; or听
• Any decision affecting a Complainant's academic status or progress, or access to benefits and services, honors, programs, or activities available at or through the University.听听听听听听听听听听听听听 听 听听听听 听听听听听听听听 听听听听 听听 听听 听听听听听听 OR

• The frequency, nature, and duration of the conduct;听
• Whether the conduct was physically threatening;
• Whether the conduct arose in the context of other discriminatory conduct or other misconduct;
• The degree to which the conduct affected the Complainant鈥檚 ability to access the CSU鈥檚 educational programs, activities or employment;
• The Parties鈥� ages, roles within the CSU鈥檚 educational programs or activities, previous interactions, and other factors about each Party that may be relevant to evaluating the effects of the conduct; and
• Other Harassment in the CSU鈥檚 educational programs, activities, or employment.

• an attempt, coupled with the ability, to commit a violent injury on the person of another because of that person's Gender or Sex,
• the intentional touching of another person's private body parts without Affirmative Consent,
• intentionally causing a person to touch the private body parts of another without Affirmative Consent,
• using a person's own private 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

• kissing,
• touching private body parts
• fondling,
• intercourse,
• penetration, no matter how slight, of the vagina or anus with any part or object,
• oral copulation of a sex organ by another person.

• Affirmative consent is given by clear words or actions. Affirmative consent includes knowledge and agreement to engage in the specific sexual activity.
• Affirmative Consent must be ongoing throughout a sexual activity and can be withdrawn or revoked at any time, including after sexual activity begins. Once consent is withdrawn or revoked and clearly communicated, 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.
• Affirmative Consent cannot be inferred from an existing or previous dating, social, or sexual relationship between the Parties.
• Silence does not mean there is Affirmative Consent.
• Lack of protest or resistance does not mean there is 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 cannot be given by a person who is incapacitated. A person is unable to consent when asleep, unconscious, or incapacitated due to the influence of drugs, alcohol, or medication.

• It shall not be a valid excuse that a person affirmatively consented to the sexual activity if the Respondent knew or reasonably should have known that the person was unable to consent to the sexual activity under any of the following circumstances:

• It shall not be a valid excuse that the Respondent believed that the person consented to the sexual activity under either of the following circumstances:

• Whether an intoxicated person (as a result of using alcohol, drugs, or medication) is incapacitated will require an individualized determination about the extent to which the alcohol or other drugs impact the person's decision-making ability, awareness of consequences, and ability to make informed judgments. The level of intoxication may change over a period of time based on a variety of individual factors, including the amount of substance consumed, speed of intake, body mass, height, weight, tolerance, food consumption, drinking patterns, and metabolism. A person's own intoxication or incapacitation from drugs or alcohol does not diminish that person's responsibility to obtain Affirmative Consent before engaging in sexual activity.
• Incapacitation due to alcohol, drugs or medication is a state of intoxication that is so severe that it interferes with a person鈥檚 capacity to make informed and knowing decisions. A person who is incapacitated may not be able to understand where they are, whom they are with, how they got there, or what is happening. Signs that a person may be incapacitated due to the influence of drugs, alcohol, or medication include, but are not limited to, the following:

• Incapacitation may also include memory impairment or an inability to recall entire or partial events (sometimes referred to as 鈥渂lack-out鈥� or 鈥渂rown-out鈥�). A person may experience this symptom while appearing to be functioning 鈥渘ormally,鈥� including communicating through actions or words that can reasonably and objectively be interpreted as communicating consent to engage in sexual activity. Total or partial loss of memory, alone, may not be sufficient, without additional evidence, to prove that an individual was incapacitated under this Policy. Whether sexual activity under these circumstances constitutes Prohibited Conduct depends on the presence or absence of the outwardly observable factors indicating that an individual is incapacitated, as described above.
• In evaluating Affirmative Consent in cases involving incapacitation, the CSU considers the totality of available information in determining whether a Respondent knew or reasonably should have known that the Complainant was incapacitated.

• Any decision affecting a term or condition of the Complainant's employment; or听
• Any decision affecting a Complainant's academic status or progress, or access to benefits and services, honors, programs, or activities available at or through the University.听听听听 听听 听听听听听听听听听听听听 听听听听听听 听听听听听听听听听听 听听听听听 听听听听听 听 听 听 听 听听听听听 听听 听听 听听 听听 听听听听 听听 听听 听 听听 听听听听听 听听 听听听听听 听听听听听听 OR

• Create an intimidating, hostile or offensive work environment; or
• Limit a Student鈥檚 ability to participate in or benefit from the services, activities, or opportunities offered by the University.听Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:

• The length of the relationship.
• The type of relationship.
• The frequency of interaction between the individuals involved in the relationship.

1. 1. Domestic Violence means 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. Domestic violence also includes acts against a Minor or adult victim who is protected from those acts under the family or domestic laws of the state.
   2. Stalking means 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. For purposes of this definition
   3. 1. Course of Conduct means two or more acts, including but not limited to, acts in which one party directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about the other party, or interferes with the other party's property.
      2. Substantial Emotional Distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.
   4. Prohibited Consensual Relationships include consensual sexual or romantic relationships between an Employee and any Student or Employee over whom they exercise direct or otherwise significant academic, administrative, supervisory, evaluative, counseling, or extracurricular authority.听听
   5. 1. A consensual relationship means a sexual or romantic relationship between two individuals who voluntarily enter into such a relationship.
      2. While sexual and/or romantic relationships between members of the University community may begin as consensual, they may evolve into situations that lead to Discrimination, Harassment, Retaliation, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, or Stalking subject to this Nondiscrimination Policy.
      3. It is a violation of this Nondiscrimination Policy for an Employee to enter into a Prohibited Consensual Relationship.
      4. Examples of Prohibited Consensual Relationships include, but are not limited to, a supervisor and an employee in their chain of command; a faculty member and a student enrolled in their class; a counselor and a student they are advising; a resident advisor and a student in their building; a club advisor and club member.
   6. Retaliation is intimidation, coercion, or discrimination against any individual for the purpose of interfering with their exercise of any rights under this Nondiscrimination Policy by:
   7. 1. Reporting or filing a Complaint;
      2. Participating or refusing to participate in any manner in any Policy-related investigation or proceeding, including a hearing;
      3. Opposing conduct which was reasonably and in good faith believed to be in violation of this Nondiscrimination Policy;
      4. Assisting or participating in an investigation or proceeding under this Nondiscrimination Policy, regardless of whether the Complaint was substantiated; or
      5. Assisting someone else in reporting or opposing a violation of this Nondiscrimination Policy or assisting someone else in reporting or opposing Retaliation under this Nondiscrimination Policy.
      6. • For purposes of this definition, Retaliation includes conduct that would discourage a reasonable person from reporting or participating in a process provided for in this Policy, including threats, intimidation, coercion, reprisals, discrimination, and adverse employment or educational actions.
         • Peer Retaliation, which is defined as Retaliation by one Student against another Student, is also prohibited.
         • Retaliation may occur even when there is not a power or authority differential between the individuals involved.
         • The exercise of rights protected under the First Amendment does not constitute Retaliation prohibited under this definition.
         • Good faith actions lawfully pursued in response to a Complaint, such as gathering evidence, providing Supportive Measures, or disciplining Students or Employees found to be in violation of this Nondiscrimination Policy, without more, are not considered Retaliation. 听
2. 听Title IX (Track 1) Prohibited Conduct The following definitions of prohibited conduct apply to cases that are determined by the campus Title IX Coordinator as meeting the requirements to proceed under Track 1听attached to this Nondiscrimination Policy. Sexual Harassment means conduct on the basis of Sex that satisfies one or more of the following:听
3. 1. 听An Employee conditioning the provision of an aid, benefit, or service of the University on an individual's participation in unwelcome sexual conduct;听
   2. Unwelcome conduct determined based on the reasonable person standard to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to an Education Program or Activity.
   3. Sexual Assault includes the following:听
   4. 1. Rape is the penetration, or attempted penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the Affirmative Consent of the Complainant. Rape also includes the attempted penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the Affirmative Consent of the Complainant, with the present ability and the intent to commit Rape.
      2. Fondling is the touching of the private body parts of another person for the purpose of sexual gratification, without the Affirmative Consent of the victim, including instances where the Complainant is incapable of giving Affirmative Consent because of their age or because of their temporary or permanent mental incapacity听
      3. Incest is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.听听
      4. Statutory Rape is sexual intercourse with a person who is under the age of 18 years, the California statutory age of consent. The definition of Affirmative Consent is that under Article VII.A.3 above.听
   5. Dating Violence means physical violence or threat of physical violence committed by a person:
   6. 1. who is or has been in a social relationship of a romantic or intimate nature with the Complainant; and
      2. where the existence of such a relationship shall be determined based on a consideration of the following factors:

• The length of the relationship.听听
• The type of relationship.
• The frequency of interaction between the persons involved in the relationship.听

1. 1. Domestic Violence means 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.
   2. Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:听 fear for their safety or the safety of others; or 听 suffer substantial emotional distress.听
2. Definitions of Capitalized Terms
3. 1. Advisor: An individual chosen by a Party to a Complaint (Complainant or Respondent) to provide support and guidance throughout the process. The Complainant and the Respondent may each elect to be accompanied by one Advisor to any meeting or interview regarding the allegations. The Advisor may be anyone, including a union representative from the Complainant's or Respondent's collective bargaining unit, an attorney, or, in the case of the Complainant, a Sexual Assault Victim's Advocate. The 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.
   2. Age: With respect to Discrimination or Harassment, Age refers to the chronological age of any individual who is 40 years old or older.听 Age Discrimination in employment may include hiring, promotion, job assignments, training opportunities, compensation, layoffs, or termination decisions. Age Discrimination in non-employment programs and activities may include admissions, access to programs and activities, treatment in the classroom, or disciplinary action. Age based stereotypes refer to generalized opinions about matters including the qualifications, job performance, health, work habits, and productivity of individuals over 40. With respect to discrimination in non-employment programs and activities, Age means how old a person is, or the number of years from the date of a person's birth. Age is a Protected Status.
   3. California State University (CSU) or University means the university campus system of the California State University and the Chancellor鈥檚 Office.
   4. Campus means any one of the university campuses of the CSU or the Chancellor鈥檚 Office.
   5. Complainant means a person alleged to have been subjected to conduct that could constitute a violation of this Nondiscrimination Policy, if they have a legal right to act on behalf of such person, or if the Title IX Coordinator/DHR Administrator initiates a Complaint consistent with the requirements of this Nondiscrimination Policy. It also includes any person who is reported to have been impacted by a violation of this Nondiscrimination Policy in cases where some other person has made a report on that person's behalf (this person may be referred to as the 鈥淚mpacted Party鈥�). A Complainant may also be called a Party to the Complaint.
   6. Complaint means an oral or written report to the Title IX Coordinator/DHR Administrator that objectively can be understood as a request for an investigation and determination about an alleged violation of this Nondiscrimination Policy. The Title IX Coordinator/DHR Administrator will respond to the Complaint in accordance with the Procedures accompanying this Nondiscrimination Policy.
   7. Consolidation means the joining or combining the investigation and hearing process for Complaints 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 arise out of the same facts or circumstances. The Consolidation process is subject to the Family Educational Rights and Privacy Act (FERPA) and other applicable privacy laws.
   8. Disability means:
   9. 1. Having a physical or mental condition that limits a major life activity. "Limits" means making the achievement of a major life activity difficult without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity. A "major life activity" is broadly construed and includes physical, mental, and social activities (such as walking, talking, seeing, hearing, thinking) and working; or
      2. Having a known history of a qualifying impairment; or
      3. Being regarded or treated as having or having had a qualifying impairment; or
      4. Being regarded or treated as having or having had such an impairment that has no presently disabling effects but may become a qualifying impairment in the future.听 听 听 听 听 听听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 Disability includes both visible and invisible disabilities, temporary or permanent disabilities, and disabilities that are apparent at birth or develop later in life. Disability includes HIV and AIDS. Disability is a Protected Status.
   10. Disciplinary Sanctions means consequences imposed on a Respondent following a determination that they violated this Nondiscrimination Policy.
   11. Employee means a person legally holding a position in the CSU. This term includes full-time, part-time, permanent, tenured, probationary, temporary, intermittent, casual, and per-diem positions. This term does not include auxiliary or foundation Employees or other Third Parties. Employee also includes individuals who were employed by the CSU at the time the Complaint was filed and have since left the employ of the CSU.
   12. Gender encompasses the social and cultural attributes, roles, behaviors, and identities associated with individuals based on their perceived or assigned sex. Important aspects of Gender include Gender Identity and Gender Expression. Gender Identity refers to a person鈥檚 innate, deeply felt psychological identification of Gender, which may or may not correspond to the person鈥檚 sex assigned at birth (the sex originally listed on a person鈥檚 birth certificate). Nonbinary is a Gender Identity which falls outside of the Gender binary, meaning an individual does not identify as strictly male or female. A nonbinary person can identify as both or neither male and female, or sometimes one or the other. There are several other terms used to describe Gender Identities outside of the male and female binary such as genderqueer, gender non-conforming, agender, and bigender. Though these terms have slightly different meanings, they refer to an experience of Gender outside of the binary. Transgender (sometimes shortened to Trans or TG) people are those whose Gender Identity differs from the sex they were assigned at birth. A Transgender person may or may not medically transition and may identify as male, female, nonbinary, or another Gender. Gender Expression refers to external characteristics and behaviors that are socially defined as either masculine or feminine, such as dress, grooming, mannerisms, speech patterns, and social interactions. Social or cultural norms can vary widely and some characteristics that may be accepted as masculine, feminine, or neutral in one culture may not be assessed similarly in another. Gender is a Protected Status.
   13. Genetic Information means:
   14. 1. The person's genetic tests.
       2. The genetic tests of the person's family members.
       3. The manifestation of a disease or disorder in the person's family members.
       4. Any request for, or receipt of genetic services, or participation in clinical research that includes genetic services, by a person or any person's family member. Genetic Information does not include information about the sex or age of any person. Genetic Information is a Protected Status
   15. Investigator means the person tasked by a Campus with investigating a Complaint. An investigator interviews the Parties and relevant witnesses, reviews documents and physical evidence, analyzes information, makes credibility determinations in appropriate cases, and prepares reports summarizing their findings and conclusions. The Investigator may be the Title IX Coordinator/DHR Administrator or their designee, provided that any designee shall be an MPP Employee or an external consultant. An investigator shall not have any conflicts of interest in the matter under investigation.
   16. Marital Status means an individual's state of marriage, non-marriage, divorce or dissolution, separation, widowhood, annulment, or other marital state, including domestic partnership. Marital Status is a Protected Status.
   17. Medical Condition means either of the following:
   18. 1. Any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer; or
       2. Genetic characteristics. For purposes of this section, "genetic characteristics" means either of the following:

• Any scientifically or medically identifiable gene or chromosome, or combination or alteration thereof, that is known to be a cause of a disease or disorder in a person or offspring, or that is determined to be associated with a statistically increased risk of development of a disease or disorder, and that is presently not associated with any symptoms of any disease or disorder; or
• Inherited characteristics that may derive from the individual or family member, that are known to be a cause of a disease or disorder in a person or offspring, or that are determined to be associated with a statistically increased risk of development of a disease or disorder, and that are presently not associated with any symptoms of any disease or disorder. Medical Condition is a Protected Status.

听Academic Freedom and Freedom of Speech

Freedom of expression is a cornerstone of a democratic society and is essential to the educational process. Universities have an obligation to create space that encourages and supports the free expression of ideas, values, and opinions, even when unpopular or controversial. Not every act that may be offensive or insulting constitutes Discrimination or Harassment, as defined by law and this Nondiscrimination Policy.

All members of the Campus community should recognize that the manner in which they choose to express themselves has consequences and that freedom of expression includes a responsibility to acknowledge and respect the right of others to express differing opinions. Freedom of expression is not an absolute right. It coexists with other rights and the need for public order and safety. The exercise of freedom of expression and assembly must comply with all applicable federal, state, and local laws and CSU policy. Conduct that violates this Nondiscrimination Policy, including statements that constitute Discrimination, Harassment, Sexual Harassment, Retaliation or Stalking, is not protected by academic freedom or freedom of expression. When speech activity includes terrorist threats or the promotion of actual or imminent physical violence or bodily harm, it is not protected by the First Amendment to the U.S. Constitution or by this Nondiscrimination Policy.

Duty to Report

Individuals impacted by Discrimination, Harassment, Sexual Misconduct, Sexual Harassment, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, or Retaliation have a right to receive support and are strongly encouraged to talk to someone in order for the Campus to respond appropriately.

To help individuals make an informed decision about who they would like to share information with, the information below explains which CSU employees have a duty to report information they learn and which can keep such information confidential.

1. Employees Who Have a Duty to Report: Except as provided below, any Employee who knows or has reason to know of incidents that may violate this Nondiscrimination Policy has a duty to promptly report to the Title IX Coordinator/DHR Administrator, who are the Campus officials designated to receive these reports. These Employees are known as Responsible Employees and are required to disclose all information available, including the names of the Parties involved, even where the person has requested anonymity.听Responsible Employees include, but are not limited to, Employees who have responsibilities for administrative leadership, teaching, or advising in any education program or activity for the CSU or who have the authority to take corrective actions in responding to Complaints from Students.
2. Employees Who Do Not Have a Duty to Report: Except as required by law (described in section C), the Employees identified below generally do not have a duty to report to the Title IX Coordinator/DHR Administrator. Employees covered by this section are required to explain to persons reporting Discrimination, Harassment, Sexual Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, or Retaliation their rights and options with respect to confidentiality, how to contact the Title IX Coordinator/DHR Administrator, how to make a Complaint, and how the Title IX Coordinator/DHR Administrator can help, and provide the specific reporting resources outlined in Attachment D. This obligation extends to incidents that occur on or off Campus.听
3. 1. Physicians, psychotherapists, professional licensed counselors, licensed clinical social workers, and clergy who work on or off Campus, acting solely in those roles or capacities as part of their employment, in the provision of medical or mental health treatment or counseling (and those who act under their supervision, including all individuals who work or volunteer in these centers and offices).
   2. Sexual assault and domestic violence counselors and advocates who work or volunteer on or off Campus in sexual assault centers, victim advocacy offices, women's centers, and health centers and who are acting solely in that role (including those who act in that role under their supervision, along with non-professional counselors or advocates who work or volunteer in sexual assault centers, victim advocacy offices, women's centers, gender equity centers, or health centers) in the provision of counseling or advocacy services.
   3. A CSU union representative is not required to report a possible violation of this Nondiscrimination Policy if the information is provided to the union representative, acting in that role, in a confidential setting by a union member seeking advice about a possible violation or representation in a matter within the scope of representation. However, CSU union representatives are strongly encouraged to report the information to the Title IX Coordinator/DHR Administrator.听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 听 The Campus will be unable to investigate a particular incident or pursue disciplinary action if an individual chooses to: (1) speak only to a physician, professional counselor, clergy member, sexual assault counselor, domestic violence counselor or advocate; and, (2) maintain complete confidentiality. Even so, these individuals will receive assistance in obtaining other necessary protection and support, such as victim advocacy, disability, medical/health or mental health services, and information regarding their right to make a Complaint to the Campus and a separate Complaint with local or University Police.听
4. Exceptions to Duty to Report:
5. 1. Under California law, any health practitioner employed in a health facility, clinic, physician's office, or local or state public health department or clinic is required to make a report to local law enforcement if they provide medical services for a physical condition to a person who they know or reasonably suspects is suffering from: (1) a wound or physical injury inflicted by a firearm; or (2) any wound or other physical injury where the injury is the result of assaultive or abusive conduct (including Rape, Sexual Assault, and Dating and Domestic Violence). 听This exception does not apply to sexual assault and domestic violence counselors and advocates. Health care practitioners should explain this limited exception, if applicable.
   2. Additionally, under California law, all professionals described above (physicians, psychotherapists, professional counselors, clergy, and sexual assault and domestic violence counselors and advocates) are mandatory child abuse and neglect reporters and are required to report incidents involving Minors to local law enforcement in accordance with the CSU鈥檚 Policy on Mandatory Reporting of Child Abuse and Neglect.听听These professionals will explain this limited exception, if applicable.
   3. Finally, some or all of these professionals may also have reporting obligations under California law to: (1) local law enforcement in cases involving threats of immediate or imminent harm to self or others where disclosure of the information is necessary to prevent the threatened danger,听听or (2) to the court if compelled by court order or subpoena in a criminal proceeding related to Sexual Misconduct, Dating or Domestic Violence, or Stalking.听听 If applicable, these professionals will explain this limited exception.
6. Other Matters Related to the Duty to Report:
7. 1. Athletic Trainers. Where matters involving Discrimination (based on any Protected Status), Harassment (based on any Protected Status), Sexual Misconduct, Sexual Harassment, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, Prohibited Consensual Relationships, or Retaliation are reported to an Athletic Trainer, the Athletic Trainer must report such incidents to the Title IX Coordinator/DHR Administrator.
   2. Campus Ombuds. Where matters involving Discrimination (based on any protected status), Harassment (based on any protected status), Sexual Misconduct, Sexual Harassment, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, Prohibited Consensual Relationships, or Retaliation are reported to a Campus Ombuds, the Ombuds must report such incidents to the Title IX Coordinator/DHR Administrator.
   3. Student Employees, including Residential Advisors. Residential Advisors, and other Employees who are also Students, have a duty to report knowledge of misconduct when they learn about such information while they are performing their duties of employment for the institution.
   4. University Police. 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.听听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.
   5. 1. For certain sex offenses听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.
      2. If Campus management designees identified in CSU Clery policy determine that the Respondent poses a discernible serious or ongoing threat to the Campus community, a timely warning will be issued in accordance with the Clery Act. Any such warning will not include any information that identifies the victim.听
      3. University Police are strongly encouraged to have regular meetings with the Title IX Coordinator/DHR Administrator to discuss strategies to ensure that victims are fully apprised of their rights and options under the law and under this Nondiscrimination Policy.

Authority

This policy is issued pursuant to , and as further delegated by the .

Endnotes

1. See Cal. Penal Code 搂搂 11164-11174.3; see also CSU Policy on Mandatory Reporting of Child Abuse and Neglect.
2. See Cal. Evid. Code 搂 1024.
3. See Cal. Evid. Code 搂 1035.4.
4. See Government Code 7923.615
5. See Government Code 7923.615.
6. 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.

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