Annual Security Report

Message from Sherie Gordon, VPAF at Cal Poly Humboldt

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Cal Poly Humboldt provides a quality and affordable college education built on the contributions of diverse students, staff, and faculty who are committed to a just and sustainable world. We have over 5,500 students and 570 faculty members, who are among the top teachers and researchers in their fields. Academic offerings encompass nationally known programs and popular areas of studies in natural resources and sciences, arts, humanities, social sciences, and professional studies. Throughout the curriculum, students develop a long-standing commitment to social and environmental responsibility.

The Jeanne Clery Act (enacted as federal law in 1990) is considered a consumer protection law that focuses on transparency around campus crime policy and statistics. The 2024 Annual Security Report includes reported crimes for January 1, 2021 through December 31, 2023, current security and safety-related policy statements, and information on emergency preparedness, crime prevention and drug and alcohol prevention programming. Cal Poly Humboldt shares this information with our community in a spirit of openness and with a deep commitment to fostering a safer environment for teaching, learning, and living.

We are dedicated to ensuring a safe environment for our students, employees, and visitors. We understand that creating a safer campus is an ongoing process and requires the collective effort of the entire campus community. We encourage you to review this information and actively participate in making our University a safer place for everyone.

Sherie Gordon
Vice President of Administration and Finance

Preparing the Annual Security Report

This report is prepared in cooperation with the local law enforcement agencies surrounding our main campus and satellite facilities, and the Clery Compliance Team to comply with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the Clery Act). Nicki Viso was appointed as the Clery Director in February of 2022 and leads the Clery Compliance Team. This team assists the Clery Director with the following tasks:

1. The collection of information and required crime statistics;
2. Developing, writing, reviewing and ensuring the accuracy of the ASR and campus policies required to be included in the ASR;
3. The proper identification of relevant Clery Act geography;
4. Programming, developing, and providing training and outreach efforts on the campus for compliance; and
5. Overall compliance with the Clery Act and state student safety laws.

The Clery Compliance Team consists of representatives from the Cal Poly Humboldt Police Department, Housing & Residence Life, the Dean of Students Office, Athletics, Student Health and Wellbeing Services, Facilities Management, the Office of Student Life, and Marketing & Communications. 

Campus Security Authorities must promptly report allegations of Clery crimes that occur within a Campus' Clery Geography that are reported to them. A report may be a written or verbal disclosure made by any person to the CSA, including information shared with the CSA by witnesses or other third parties. CSA reports must include the following, if known:

• the crime that was reported and the information provided
• the exact location where the reported crime occurred
• the date and time the reported crime occurred
• any witness and perpetrator information
• victim information, unless the victim requests confidentiality**

**Employees may be required to share this information with other offices if they have responsibilities under other laws and policies including, but not limited to, Mandatory Reporting of Child Abuse and Neglect, and CSU Policy Prohibiting Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation (“Nondiscrimination Policy”). In the event the victim does request confidentiality, enough information must be obtained and provided by the CSA about the criminal incident to prevent over-reporting or "double-counting" of the incident.

All incoming incident reports to the Title IX & DHR Prevention office, the Dean of Students Office, Housing & Residence Life, and UPD are reviewed every day, Monday through Friday, to determine if they meet the Clery Act’s classification requirements. The Clery Director and representatives from UPD and Dean of Students review these incoming reports. When a crime meets the Clery Act’s classification requirements, key information is provided to UPD, which is then listed on the Daily Crime Log. If known, the key information that is included is:

• Date Reported
• Time Reported
• Date Occurred
• Time Occurred
• Clery Classification
• General Location
• Disposition

UPD maintains a working relationship with the Arcata Police Department, Eureka Police Department, the Humboldt County Sheriff’s Office, as well as local fire departments and other emergency services in order to better serve and respond to the needs of the campus community. UPD has Memorandums of Understanding (MOUs) with these allied agencies. Additionally, there is a regional Chief’s meeting every month to maintain an effective working relationship between UPD and our local law enforcement agencies.

Arrests, allegations of crime on and around the main campus, and statistics for satellite properties include those reported to the UPD, to applicable local law enforcement agencies, and to designated campus officials defined as CSAs. Some statistics, especially disciplinary referrals for liquor or drug law violations, are difficult to compare accurately from campus to campus because state criminal laws differ at many universities.

Unless otherwise noted, policy statements in the ASR apply to Cal Poly Humboldt’s main campus and the Telonicher Marine Lab.

Report Distribution

The Annual Security Report and Annual Fire Safety Report are published by October 1st for the previous calendar year, and made available for free to the public as well as current and prospective employees and students at the following physical locations:

An informational message regarding the availability of the Annual Security and Annual Fire Safety Report is printed in the University catalog, on the Clery Compliance website, the Housing & Residence Life website, and in an email sent to all current employees and currently enrolled students (including those attending less than full time and those not enrolled in Title IV programs or courses). This report is accessible via the website footer as a direct link to the Clery Act Compliance website. Lastly, electronic and printed copies can also be requested by contacting the Clery Director at 707-826-5175 or nicki.viso@humboldt.edu.

Clery Crime Statistics 2021 to 2023

Cal Poly Humboldt – Main Campus

Notes on the Following Statistics

"Campus Residential" is a subset of the statistics that occurred on campus; they are not in addition to those statistics found under "On Campus."

All Dating Violence incidents have been documented under Domestic Violence. Cal Poly Humboldt uses California state law in evaluating whether a protected relationship exists between the parties; California's Domestic Violence law includes persons in a social relationship of a romantic or intimate nature.

The Comfort Inn (4700 Valley W Blvd, Arcata, CA 95521) contracted with Housing & Residence Life at Cal Poly Humboldt to house students attending campus; it is only for currently enrolled students. The Comfort Inn is located approximately 2.5 miles from the Main Campus and is therefore classified as a “Noncampus Property”. The Comfort Inn was in use as a “Noncampus Property” from August 2022-December 2023. Any Clery reportable crimes that were reported to have occurred there have been recorded in the “Noncampus” property category in the tables below.

Murder/NonNegligent Manslaughter

Negligent Manslaughter

Rape

Fondling

Incest

Statutory Rape

Robbery

Aggravated Assault

Burglary

Motor Vehicle Theft

Arson

Domestic Violence

Dating Violence

Stalking

Arrests for Weapons Law Violations

Arrests for Drug Law Violations

Arrests for Alcohol Law Violations

Referrals to Disciplinary Action for Weapons Law Violations

Referrals to Disciplinary Action for Drug Law Violations

Referrals to Disciplinary Action for Liquor Law Violations

Telonicher Marine Lab 

Notes on the Following Statistics

The usage of the Telonicher Marine Lab, including course offerings and administrative presence, has evolved since it was built, and starting July 1, 2022 (Cal Poly Humboldt’s Fiscal Year start), the Clery Director has determined that it meets the definition of a separate campus moving forward. Any Clery reported crimes that were reported to have occurred at the Telonicher Marine Lab prior to the start of the 2022 calendar year are contained in the “Noncampus” column within the Main Campus statistics for 2021. Telonicher Marine Lab does not have residence halls.

Murder/NonNegligent Manslaughter

Negligent Manslaughter

Rape

Fondling

Incest

Statutory Rape

Robbery

Aggravated Assault

Burglary

Motor Vehicle Theft

Arson

Domestic Violence

Dating Violence

Stalking

Arrests for Weapons Law Violations

Arrests for Drug Law Violations

Arrests for Alcohol Law Violations

Referrals to Disciplinary Action for Weapons Law Violations

Referrals to Disciplinary Action for Drug Law Violations

Referrals to Disciplinary Action for Liquor Law Violations

Unfounded Crimes

A crime is considered unfounded for Clery Act purposes only if sworn or commissioned law enforcement personnel make a formal determination that the report is false or baseless. Crime reports can be properly determined to be false only if the evidence from a complete and thorough investigation establishes that the crime reported was not, in fact, completed or attempted in any manner.

Crime reports can be determined to be baseless only if the allegations reported did not meet the elements of the offense or were improperly classified as crimes in the first place. A reported crime cannot be designated unfounded if no investigation was conducted or the investigation was not completed; nor can a crime report be designated unfounded merely because the investigation failed to prove that the crime occurred.

Main Campus

Telonicher Marine Lab

Hate Crimes

Cal Poly Humboldt uses the FBI’s UCR Hate Crime Data Collection Guidelines and Training Manual (Version 2.0) to classify hate crimes appropriately. A Hate Crime is a criminal offense that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim. Hate crimes includes any offense in this list:

• murder and nonnegligent manslaughter
• sexual assault including rape, fondling, incest, and statutory rape
• robbery
• aggravated assault
• burglary
• motor vehicle theft
• arson
• larceny-theft
• simple assault
• intimidation
• destruction/damage/vandalism of property

Bias is a preformed negative opinion or attitude toward a group of persons based on their identity. The identities that are included in Hate Crimes reporting are:

• race
• gender
• gender identity
• religion
• disability
• sexual orientation
• ethnicity
• national origin

Hate crime reporting is considered for all Clery geography including on campus, residential facilities, noncampus buildings or property, and public property.

Main Campus

During 2023, there was one hate crime on Clery geography. The details are as follows:

• Calendar year: 2023
• Geographic category: On-Campus Residence Halls
• Crime category: Intimidation
• Bias categories: Disability

There were no reported hate crimes during the 2021 and 2022 calendar years.

Telonicher Marine Lab

There were no reported hate crimes during the 2021, 2022, and 2023 calendar years.

Procedures for Students and Others to Report Criminal Actions or Other Emergencies on Campus

If a crime, suspicious incident, or security problem is observed, all persons, including students and employees, are encouraged and requested to report the information to UPD by dialing 9-1-1 from any phone; reports can also be made by texting 9-1-1. All persons are encouraged to contact any campus official to seek their assistance in reporting crimes, suspicious incidents, security problems, or emergencies. For non-emergency or business calls, dial extension 5555 from any campus phone or 707-826-5555 from off-campus. Call or text 9-1-1 for police, fire, or medical emergencies. The UPD dispatch center receives cell phone 9-1-1 calls directly from most wireless carriers and continues to work with other carriers to bring them into compliance with the state regulations. Certain areas of campus will route directly to the UPD, while others may still be answered by the California Highway Patrol or the Arcata Police Department.

UPD is responsible for receiving reports, documenting, conducting follow-up investigations, and resolutions of any criminal incident that occurs at the University. Crimes committed in or on off-campus buildings owned or controlled by Cal Poly Humboldt are generally reported to the police agency of jurisdiction where the building or property is located. UPD may be requested to assist or take the lead in the investigation of such incidents as appropriate and/or indicted by interagency agreements.

It is essential that members of Cal Poly Humboldt accurately and promptly report crime as required by law and institutional policy. The University’s Workplace Violence Prevention Program (Policy Number: UML 01-04) states that all faculty and staff are responsible for using safe work practices, for following all directives, policies, and procedures, and for assisting in maintaining a safe and secure work environment. This includes the reporting of security risks and cooperating in any investigation that may result. UPD Chief of Police has authority and overall responsibility for implementing the provisions of this program. In addition to this program, Cal Poly Humboldt has adopted a zero-tolerance policy for campus violence.

The zero-tolerance policy (Violence and Threats of Violence Prohibited, Policy Number: EM:P01-02) states that it is the responsibility of every administrator, faculty member, staff member and student to take any threatening behavior and violent act seriously and to report it to UPD. When confronted by an imminent or actual incident of violence, or a threat of possible violence, on campus, call 9-1-1- immediately.

Voluntary and Confidential Reporting

In addition to reporting to UPD, individuals are able to make a voluntary, confidential report of a crime for inclusion in the Annual Security Report through the use of several different online forms, listed below. These forms do not require the individual person to include their name when submitting them.

• Title IX & Discrimination, Harassment, and Retaliation Prevention Office website
  • direct link: https://cm.maxient.com/reportingform.php?HumboldtStateUniv&layout_id=10
• Dean of Students Office website, under “Reporting Students of Concern”:
  • Behavioral Misconduct direct link: http://cm.maxient.com/reportingform.php?HumboldtStateUniv&layout_id=1 
  • Hazing direct link: http://cm.maxient.com/reportingform.php?HumboldtStateUniv&layout_id=11 
• Housing & Residence Life website, under “staff resources”
  • direct link: https://cm.maxient.com/reportingform.php?HumboldtStateUniv&layout_id=2 

Certain individuals who have significant responsibility for student and campus activities are exempt from disclosing information. To be exempt from disclosing reported offenses, pastoral or professional counselors must be “acting” in the role of pastoral or professional counselors. Professional counselors are defined as a person whose official responsibilities include providing mental health counseling to members of the University’s community and who is functioning within the scope of their license or certification. This definition applies even to professional counselors who are not employees of the University, but are under contract to provide counseling at Cal Poly Humboldt. Cal Poly Humboldt encourages our professional and pastoral counselors to inform individuals they are counseling about the voluntary, confidential reporting options available to them.

Crime of Violence Disclosures

The institution will, upon written request, disclose to the alleged victim of a crime of violence or a non-forcible sex offense, the report on the results of any disciplinary proceeding conducted by the institution against a student who is the alleged perpetrator of such a crime or offense.  If the alleged victim is deceased as a result of such crime or offense, the next of kin of such a victim shall be treated as the alleged victim.

California Education Code section 67380(a)(6)(A)

Pursuant to California Education Code section 67380(a)(6)(A), Campus Security Authorities (CSAs) who receive reports from employees or students of a Part I violent crime, sexual assault or hate crime that occurred in an on or noncampus location as defined by the Clery Act, may not disclose to UPD or local law enforcement agencies the names of the victims or the alleged assailant, unless the victim consents to disclosing their name after being informed of their right to have their personally identifying information withheld. The name of the alleged assailant may be disclosed, however, if all of the following conditions are met:

• The alleged assailant represents a serious or ongoing threat to the safety of students, employees, or the institution; and
• The immediate assistance of the local law enforcement agency is necessary to contact or detain the alleged assailant.

Timely Warning Policy

This policy describes the procedures that will be used to provide members of the community with information to aid in preventing them from becoming victims of crimes posing a serious or ongoing threat to the Campus communities. It is intended to provide faculty, staff, and students with timely information about Clery reportable crimes occurring within the defined Clery Geography of their Campuses, and to comply with the Timely Warning requirements of the Jeanne Clery Act.

As required by the Clery Act, CSU Campuses will keep their Campus communities informed by providing a timely warning when appropriate.

• Upon receipt of a Campus Security Authority (CSA) report of a Clery crime on Clery Geography, a Timely Warning analysis shall be completed and documented by the Clery Director or UPD. The Clery Director shall have authority to delegate this responsibility as appropriate. It is not necessary to document the completed Timely Warning analysis for referrals to disciplinary action, however Cal Poly Humboldt does complete them.
• If it is determined that the report includes a Clery crime on Clery Geography, the Clery Director and Chief of Police (or management designee) will confer to analyze the known pertinent facts to determine whether they constitute a serious or ongoing threat to the Campus community. The unavailability of the Clery Director shall not unduly delay the issuance of a Timely Warning.
• If a CSA report includes 1) a Clery crime 2) on Clery Geography and 3) a discernible serious or ongoing threat, a timely warning as described below shall be issued expeditiously.
• In the absence of any of these three elements, no timely warning will be issued.
• The Chief of Police (or the management designee) shall have ultimate authority and responsibility for determining whether to issue a Timely Warning. 

Each reported incident must be analyzed on a case-by-case basis. All known factors shall be considered in the case-by-case analysis to determine whether a timely warning should be issued. No single factor should govern the decision regarding the issuance of a timely warning. Campuses are prohibited from circumventing a case-by-case analysis by issuing a blanket rule that timely warnings will be issued for all reports of any given Clery reportable crime. Requests from an outside law enforcement agency to refrain from issuing a timely warning is insufficient grounds on its own for not issuing or delaying the issuing of a timely warning, unless the Chief of Police concurs that by issuing a timely warning, an identified risk can be articulated that would compromise the law enforcement efforts of the outside agency investigating the crime to gather evidence and/or apprehend suspect(s).

The case-by-case analysis will involve reviewing relevant factors including, but not limited to, the following, if known:

• The timing of the report: shortly after the occurrence of the crime vs. days or weeks after the occurrence of the crime, i.e., a "cold report"
• Physical injury to the victim
• Use of weapons
• Forced entry used and/or tools used in commission of the crime
• A suspect arrested or incapacitated by injury
• A suspect that is identified or otherwise can be located by law enforcement
• A suspect that is out of the area
• A victim who fears for their safety from the suspect
• A clear modus operandi and/or pre-planning indicated
• Multiple suspect(s) involved
• A pattern of similar crimes established
• The possible risk of compromising law enforcement efforts, such as to gather evidence and/or apprehend suspect(s), if a warning was issued

Additional Considerations

The Clery Director (or management designee) shall notify the Campus president, as soon as practicable, that a timely warning will be or has been issued. The Chief of Police (or management designee) is responsible for collaborating with surrounding law enforcement agencies to encourage them to share information with University Police Department (UPD) about crimes reported to local law enforcement that occur in Clery Geography.

Nothing in this policy precludes Campuses from maintaining a Campus policy about informing, re-publicizing and/or sharing with the Campus community crimes or other informational notices, (e.g., traffic advisories, events, prevention information) the Campus deems may be of interest to the Campus community. Such a policy is separate and distinct from the Timely Warning Policy. Such notices must differ in appearance or be distributed in a manner that assures that members of the community understand such notices are different from a timely warning notification required by the Clery Act; members of the Campus community should not be misled to believe such notices are timely warnings.

Contents of a Timely Warning

When a timely warning is issued it shall be entitled "Timely Warning Crime Bulletin" and contain the following:

• A statement that reads, "This Timely Warning Bulletin is being issued in compliance with the Jeanne Clery Act and the purpose is to provide preventative information to the Campus community to aid members from becoming the victim of a similar crime."
• Identify the Clery reportable crime that occurred (i.e., rape, burglary, motor vehicle theft, arson, etc.)
• The date, time, and location the crime occurred
• The date the Timely Warning Bulletin is issued
• Description of the suspect when deemed appropriate, and if there is sufficient detail. Only include a description of the suspect when the descriptors provided by the reporting party could reasonably lead to conclusive identification of the perpetrator(s)
• At least three preventative tips or points of information specifically related to the circumstances of the crime which occurred that could help others from becoming the victim of a similar crime
• The phone number of UPD and a statement encouraging community members to report all information about crimes to UPD
• If appropriate, the phone number of support services

The Timely Warning shall not include, under any circumstances, the name of the victim, or information so specific (i.e., specific address or dorm room number or floor) that would or likely could identify the victim of the crimes of Sexual Violence, Rape, Dating Violence, Domestic Violence, or Stalking. Timely Warning Bulletins should use gender-inclusive and culturally appropriate language and avoid victim blaming and bias language.

Methods of Distribution

Timely Warnings will be distributed as quickly as possible in a manner that will likely reach the entire campus community. Marketing & Communications (MarComm) and UPD Dispatch have been given authority to distribute Timely Warnings. The UPD Chief of Police (or management designee) will communicate with MarComm or UPD Dispatch when it is determined that the University needs to issue a Timely Warning. Distribution methods include, but are not limited to, the following:

• All employee and student email distribution
• University website banner (see additional specifications below)
• Public area video display monitors
• Hard copies posted on campus building entrance doors
• Press Release

This list is not intended to be exhaustive or intended to prioritize the method of distribution. The UPD Chief of Police will confer with the Clery Director (or management designee), if available, to determine the most appropriate method(s) to distribute a Timely Warning. In the absence of the Clery Director (or management designee) the UPD Chief of Police will determine the appropriate method of distribution.

Cal Poly Humboldt uses the Rave Guardian Platform as an additional distribution method for Timely Warnings. Anyone, including campus members, community members, family members, and guardians can sign up to receive text message alerts through this system.

University Website Banner Considerations

MarComm has established four tiers: Green, Yellow, Orange, and Red. There are rough guidelines regarding which tier for what kind of event can be utilized:

• Green: this banner would run after an incident is over, for some time, to ensure people see the all-clear.
• Yellow: this banner would be utilized for something like a power outage, where an emergency might be declared and campus closed, but there is no major threat to campus.
• Orange: potential threat or evacuation that is not immediate.
• Red: immediate, severe threat.

MarComm has the ability to quickly and easily change the tier color in response to events increasing or decreasing in severity. For example, if a yellow banner is up because of a power outage, but that causes a fire to break out or a gas leak or something on campus, MarComm would change that banner to red.

Additionally, there are two levels of emergency. These levels determine whether the emergency alert is a banner at the top of the homepage, or whether it fully takes over the homepage:

Low Level

• No content is removed from the homepage
• A portion of the most recently posted Emergency Notice appears below the main navigation on the homepage
• All published Emergency Notices appear at http://humboldt.edu/emergency starting with the most recent notice

High Level

• All content between the main navigation and the footer is removed from the homepage
• Emergency notices appear between the main navigation and footer
• All published Emergency Notices appear on the homepage and at http://humboldt.edu/emergency starting with the most recent notice

Emergency Notification Policy

This policy describes the procedures that will be used to immediately notify the Campus community upon the confirmation of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students and/or employees occurring on the Campus, as required by the Clery Act.

Any member of the Campus community with information believed to constitute a significant emergency or a dangerous situation that poses an imminent or immediate threat shall report the information to University Police Department (UPD) and/or by calling 9-1-1. Examples include, but are not limited to, the following types of incidents:

• Severe weather warning (e.g., flash flooding, tsunami, hurricane, etc.)
• Environmental emergency within an on-campus facility (e.g., hazardous chemical spill, fire, earthquake, building collapse)
• Criminal activity with an imminent threat to Campus community (e.g., active shooter, murder, fleeing suspect with a weapon)
• Public Health Emergency (e.g., measles outbreak, swine flu outbreak, etc.)

Once UPD has received the report, the UPD Chief of Police (or management designee) will, without delay and taking into account the safety of the community, confer with any appropriate public official (e.g., fire chief, health department) and any Campus officials responsible for managing the on-campus emergency, if available, to confirm both: 1) a legitimate emergency or dangerous situation exists impacting on-Campus geography; and 2) the emergency or dangerous situation poses an immediate or imminent threat to members of the on-campus community. This confirmation process may include, but is not limited to, visual observation, officer investigation, the assistance of key Campus administrators, local or Campus first responders, and/or official government reporting through agencies such as the National Weather Service.

If both of the above factors are not met, no emergency notification is required. If it is determined that both of the above factors are met, then an emergency notification as described below shall be issued. The Chief of Police (or management designee) will confer with the Clery Director, if available, to prepare the content of the notification and determine which members of the Campus community are threatened and need to be notified. The content of the message will be developed using a template. At minimum, the Chief of Police or their designee will approve the message prior to it being issued.

Once the notification is prepared, the Chief of Police and/or the Clery Director (or their management designees) will, without delay and taking into account the safety of the community, transmit the emergency notification unless doing so would delay the ability to mitigate and/or contain the emergency, including the ability to provide immediate, life saving measures. If an emergency notification is issued, a timely warning is not required for the same incident.

Contents of the Emergency Notification

The emergency notification shall contain the following information:

• A statement as to what the emergency or dangerous situation is, in specific terms (e.g., chemical spill, active shooter, building fire)
• A statement providing direction as to what actions the receiver of the message should take to ensure their own safety
• A statement as to where or when additional information may be obtained

The Chief of Police and/or Clery Director (or management designees) will provide updates to the emergency notification with pertinent updates or direction to persons for their safety when new information becomes available. Updates will be provided in regular intervals until the emergency has been mitigated or no longer poses an imminent threat, e.g., fire is out, and building has re-opened.

Methods of Distribution

Emergency Notifications will be distributed as quickly as possible in a manner that will likely reach the segment(s) of the on-campus community threatened by the emergency. Segmentation will be considered by the Chief of Police (or management designee) by evaluating which persons are likely to be at risk based on the circumstances at the time and notifying those persons. Segmentation should not be considered if making this determination would delay issuing the emergency notification. The Chief will determine if notification to the larger community is appropriate. Marketing & Communication (MarComm) shall have primary responsibility for ensuring the accurate preparation and delivery of information submitted to the Chancellor’s Office for public release, including intentional outreach and distribution to the larger community through a local news media email distribution list. Distribution methods, including distribution to the larger community, vary depending on the nature of the emergency and may include:

• A Campus mass notification system, including but not limited to phone, Campus email, or text messaging. Our system provides currently enrolled students, faculty and staff the ability to adjust their subscription preferences to select multiple contact methods from text messages, emails and phone calls, or if desired, to 'opt out' of the service and not receive any notifications
• Audio/visual message boards
• Audible alarms/sirens
• Campus public address systems
• In person or door-to-door notifications in a building or residence halls
• Local media
• Social media
• Other means appropriate under the circumstances

Testing and Evacuation System

In compliance with Executive Order 1056, Cal Poly Humboldt’s Emergency Operations Plan & Guidelines (EOP-G) or portions thereof are exercised on an annual basis. The Office for Resilience & Response is responsible for coordinating and scheduling all drills, exercises, and appropriate follow-through activities. The exercise, training, and emergency management event schedule can be requested from the Office for Resilience & Response at (707) 826-4635 or EOC@humboldt.edu.

Instructor-led emergency management training is held on a regular basis. Classes offered depend on the needs determined by the Office for Resilience and Response. Class offerings can include, but are not limited to:

• Introduction to Cal Poly Humboldt’s Emergency Operation Center
• ICS Basics
• NIMS/SEMS Overview
• ICS Forms
• Operations/Planning/Logistics/Finance/Command Section Specific Training
• EOC process and procedures
• Hazard-specific scenario-based trainings, such as active shooter, earthquake as well as civil unrest
• Full Scale drill around a cyber attack

Housing & Residence Life coordinates with local fire departments, police departments, the Risk Management & Safety Services department, campus officials, and ambulance companies, and then schedules the following types of tests:

• Fire evacuation drills within the first two months of each semester (Fall and Spring) for all occupied residence halls
• A Tabletop exercise at the beginning of every Spring semester for Housing & Residence Life professional staff
• An Emergency Simulation during Residence Life Student Leader training every Fall semester for Housing & Residence Life student leaders

The Tests may be announced or unannounced. Tests must be scheduled, contain drills, exercises and appropriate follow-through activities, and be designed for assessment and evaluations of emergency plans and capabilities. However, the campus emergency response and evacuation procedures will be publicized in conjunction with at least one test per calendar year. Each Test will be documented to include a description of the exercise, the date of the Test, the start and end times of the Test, and whether the Test was announced or unannounced. The California State University Emergency Management policy describes these Tests and defines responsibility for their completion. A copy of the documentation will be provided to the Clery Director.

Security of and Access to Campus Facilities, and Security Considerations for the Maintenance of Campus Facilities 

Access to Campus Facilities

All campus facilities are key‐accessed, and some are open daily for scheduled campus community use. Official building hours are published on the Facilities Management website. Campus key control and distribution is a function of Facilities Management, while key access control for the residential buildings rests with the Housing & Residence Life Department. Buck House key access is handled by Facilities Management. To provide for the security of campus facilities, UPD enforces Educational Code 89031 & Residential Life Housing Policies. Campus facility access may be revoked per Penal Code 626. 

Residence Hall Access

The Card Access System is designed to enhance the residence hall building security. Residents are encouraged to always carry their Humboldt ID card. For safety reasons, residents must identify themselves and produce a Humboldt ID card when it is requested by housing staff or by other university officials. This card and the PIN allow residents to gain access to the building, floor, and room to which they are assigned, and laundry facilities; these doors remain locked 24 hours a day, 7 days a week. The door batteries are changed out every summer by the Housing maintenance staff. Residents are able to change their PIN at the Housing Front Desk on the third floor of the Jolly Giant Commons. Residents are told to not give or lend their Humboldt ID card to anyone, and that doing so may result in student conduct action. This falls under the “Key Misuse” policy, located in the ResLife & You Handbook. The ResLife & You Handbook can be found on the Housing & Residence Life website: https://housing.humboldt.edu.

If a resident is locked out of their room Monday through Friday, 8am to 5pm they may obtain a temporary key card for their room from the Housing Office while they retrieve their Humboldt ID card from their room. If they lock themselves out or lose their key card after 5pm on weekdays or on the weekend or holidays, they can contact the Resident Advisor (RA) for their area to let them into their room. If they lose their Humboldt ID card, the Housing Front Desk can temporarily provide them access to their room until they purchase a new Humboldt ID card from the Housing Cashier the next weekday. Proper identification from all borrowers is required. In the event the Housing Front Desk is closed and they are unable to reach their RA on their phone, the resident can contact UPD for assistance getting into your room. For Campus Apartments residents, if they lose their key, they must report this immediately to the Housing Front Desk or the RA for safety and security reasons for themselves, their belongings, and suitemates. This falls under the “Keys/Lockouts” policy, located in the ResLife & You Handbook.

The Housing & Residence Life Office is located on the third floor of the Jolly Giant Commons. Their service hours are every day from 8:00am-8:00pm. The hours are subject to change for breaks and holidays. Additional service hours may be added; any changes will be posted and distributed to residents and campus partners.

Other Campus Facilities

The Department of Facilities Management personnel perform daily building lock‐up and monitor all maintenance issues in campus lighting, door locks, and general environmental safety in conjunction with UPD. A quarterly inspection and survey of campus indoor/outdoor lighting, shrubbery and walkways is conducted. The University participates in Crime Prevention through Environmental Design concepts for planning and improvements on campus. This would include a clear line of sight across campus. Examples include:

• not creating and/or eliminating hidden areas on campus
• controlling landscape to promote visibility
• maintaining and installing sufficient lighting for night visibility
• maintaining and creating an inviting and attractive space
• design to discourage transient use

UPD and Facilities Management follow protocol for building access if a person needs access to a certain building, but they are locked out or it is after building hours. If an officer is available, UPD will assist with building access. A photo ID or some other form of verification will be required in order to access a locked building space. Requesters are asked to keep in mind that responses to medical aid and other life/safety incidents or major infrastructure failures will take precedence over access requests.

Boundary Security, Staff Reporting, and Patrols 

The campus entrances are marked with signs and monuments to identify to visitors that they have entered campus. Police and Parking personnel patrol the campus in uniform in marked police vehicles, on bike, and foot. All personnel of the UPD, including 24-hour armed, uniformed California peace officers, other full-time staff, and student employees, use cell phones, campus phones, and police radios to call in crimes, security problems and emergency situations as they are discovered. Other staff members do the same, including but not limited to: Housing & Residential Life professional and student staff; Facilities Management custodial, maintenance, grounds, and other professional and student staff. UPD and Parking personnel regularly traverse the campus on patrols and take on-view action or notify UPD of security problems or suspicious criminal activity. Arcata Police personnel assist UPD promptly upon request.

To help facilitate safety and security, the RAs conduct rounds in and around the residence halls and Housing grounds. After 5pm, these student staff members, in conjunction with Housing & Residence Life professional staff, are available to assist with emergencies, potential guideline violation response, lockouts, and other issues that may arise. Individuals may contact the RA directly after 5pm for assistance by calling the RA duty phone number for their area; signs with these numbers are posted prominently in and around the residence halls. If an individual needs general information or maintenance assistance, they are directed to call the Housing Office at (707) 826-3451.

On-site Police Department

UPD offices are located on the ground floor of the Student Business Services Building at the intersection of Harpst and Rossow Streets. The Department is marked with signs, and is open 24 hours a day, 365 days a year as an area of relative safety and refuge. The Department is staffed on-site by trained professional 9-1-1 dispatchers who can personally communicate with a walk-up customer or others who may choose to contact the department by phone. UPD also utilizes an outside call box to communicate with any walk-up customer.

Telephone Access to UPD 

There are 63 courtesy phones and 69 public assistance “blue light” phones on campus, which are exterior phones and call boxes that are illuminated at night by blue lights. These assistance phones have direct-dial emergency access to UPD, many with the push of a large red button marked “HELP”. UPD conducts regular audits to ensure the phones are working. Any member of the community may also call UPD at extension 5555 from any campus phone, or may call 707-826-5555 with any cellphone or off-campus phone, for an on-campus “Safety Escort”. UPD may provide the escort while on foot, bike, or vehicle patrol, depending on officer availability.

Systemwide Law Enforcement Policy, Law Enforcement Authority

Persons employed and compensated as members of a California State University police department, when so appointed and duly sworn, are peace officers. However, such peace officers shall not exercise their powers or authority[1] except (a) at the headquarters or upon any campus of the California State University and in an area within one mile of the exterior boundaries of each campus or the headquarters, and in or about other grounds or properties owned, operated, controlled, or administered by the California State University, or by trustees or the state on behalf of the California State University, and (b) as provided in Section 830.2 of the Penal Code.

The arrest authority outside the jurisdiction of the CSU Police Department includes (Penal Code § 830.2(c); Penal Code § 836):

1. When the officer has probable cause to believe the person committed a felony.
2. When the officer has probable cause to believe the person has committed a misdemeanor in the presence of the officer and the officer reasonably believes there is immediate danger to person or property or of escape.
3. When the officer has probable cause to believe the person has committed a misdemeanor for which an arrest is authorized even if not committed in the presence of the officer such as certain domestic violence offenses and there is immediate danger to person or property or of escape or the arrest is mandated by statute.
4. When authorized by a cross jurisdictional agreement with the jurisdiction in which the arrest is made.
5. In compliance with an arrest warrant.

On duty arrests will not generally be made outside the jurisdiction of this department except in cases of hot or fresh pursuit, while following up on crimes committed within the State, or while assisting another agency.

On duty officers who discover criminal activity outside the jurisdiction of the State should when circumstances permit, consider contacting the agency having primary jurisdiction before attempting an arrest.

California State University encourages accurate and prompt reporting of crime. All members of the Campus community are encouraged to promptly contact the UPD and/or other appropriate police agencies when they have been the victim of, or have witnessed criminal actions, including when the victim of crime elects to or is unable to make such a report. 

Generalist Philosophy of UPD

UPD assumes primary investigative responsibility for all crimes reported to have taken place upon the University main campus and other University properties. In the event that a serious crime or ongoing pattern of crime requires additional resources, UPD will call on Arcata PD, other local agencies, other California State Universities, and other state and federal agencies for assistance as needed.

Local Relationships and Agreements 

UPD has positive working relationships and written operational agreements with state and local police departments. UPD assists Arcata PD nearly every day, often during incidents where students are present. UPD maintains contact with other local agencies, like the Eureka PD and the Humboldt County Sheriff’s Office, through radio monitoring, electronic and voice communication, and regular inter-agency meetings. UPD has operational agreements with Arcata PD, Eureka PD, and the Humboldt County Sheriff’s Department delineating responsibilities and jurisdictional understanding published in accordance with California Education Code § 67381 (the Kristin Smart Campus Safety Act of 1998). These MOUs also specify that when a crime occurs within the University’s jurisdiction, 1) UPD and the other agency will communicate regarding the situation, 2) UPD will have primary jurisdiction, which includes being the primary for investigations of alleged criminal offenses, and 3) that UPD and the local agencies can utilize each other as a resource. A copy of these agreements will be made available upon request to UPD by calling 707-826-5555. UPD is available 24 hours a day, 365 days a year.

Cal Poly Humboldt’s policy prohibiting violence and threats of violence (policy number: EM:P01-02) states it is the responsibility of every administrator, faculty member, staff member, and student to take any threatening behavior and violent act seriously and to report it to UPD. When confronted by an imminent or actual incident of violence, or a threat of possible violence, on campus, people are directed to call 9-1-1- immediately. Supervisors, Department Chairs, Directors, Managers and other administrators are encouraged to consult with UPD for assistance in assessing the level of danger, designing an intervention, and choosing appropriate safety measures.

Security Awareness and Crime Prevention Programs

During orientation programs at the beginning of the semester, the Dean of Students Office relays information regarding UPD’s “Safety Escort” program. Per request of some athletic teams, officers of UPD present a structured lecture to incoming athletes regarding appropriate, lawful behavior, and encouraging members of the team to watch out for one another; this occurs at the beginning of the teams’ seasons. 

Periodically, upon request, special safety presentations are given to subgroups of employees by the Chief of Police or their designee, such as emergency/disaster procedures, security reminders to Housing staff, night time safety tips for campus custodial staff, or “active shooter” instruction given to an academic department. 

Housing & Residence Life

Early in the academic semester, RAs facilitate floor and building meetings in the residence halls that cover topics such as safe behavior and security of the residence halls. Residents are notified that each residence hall room has evacuation procedures and other important safety information on the back of the door. RAs also briefly review various safety policies that are published within the ResLife & You Handbook with the residents during floor and building meetings at the beginning of the Fall semester.

During Housing's two-week Student Staff training in August, student staff receive emergency training learning how to respond to different crisis situations in the Residence Halls, such as fires, earthquakes, and active shooters. 

Bi‐annually, during the third and fourth week of each semester, Housing conducts a full-scale fire and evacuation drill in each of the Residence Hall buildings during the evening hours when most students are present. Residents are advised in advance of the drill through email and posters in their communities; they are not given the exact date or time of the actual drill requiring full participation and evacuation.

Information Security

Information Security awareness and training is an ongoing process on the Cal Poly Humboldt campus. All members of the campus community are required to accept the Responsible Use Policy (https://calstate.policystat.com/policy/10593951/latest/) when they first establish their accounts. Campus employees are required to complete Data Security and FERPA training bi-annually as well as annual focused training if they are in roles with expanded access to data. The Information Security Office also typically runs phishing awareness advertisements in the campus newspapers at the start of each term. 

Rave Guardians and Safety Timer 

Students can identify UPD, friends, roommates, and family as "Guardians'' when setting their Rave Guardian Safety Timer. During a timer session, "Guardians'' and UPD can check the status of the student. If the Safety Timer is not deactivated before it expires, UPD are automatically provided with the user's Rave Guardian profile to proactively identify and check-in on the individual. Other "Guardians'' will also have access to important details such as the user’s phone location on a map and contact information.

The Rave Guardian app allows for easy emergency communication. In an emergency situation, one button in the app directly connects the user to UPD dispatch or 911. More information about the Rave Guardian app is available here: http://www.raveguardian.com/.

Crime Prevention Programs

UPD meets with incoming freshman, athletics, Housing student and professional staff, faculty, and other campus staff when requested to provide safety tips, discuss criminal laws that impact the campus, discuss what information is needed when you call 911, general tips on the importance of locking your car, walking with a friend a night, etc. Generally, a part of those discussions includes talking about dating violence and sexual assaults. These discussions generally occur at the start of the Fall academic year. They are then held on a as needed basis after that. Anyone at the university, including student organizations, can request UPD to attend a meeting or program.

The Title IX & DHR Prevention Office provides information about reducing the risk of dating and domestic violence. It includes information about what dating and domestic violence can look like, warning signs to be aware of, and links to campus and national resources.

Cal Poly Humboldt’s Sexual Assault Prevention Committee (SAPC) is comprised of faculty, staff, students, law enforcement, and community partners, including advocates from the North Coast Rape Crisis Team. The SAPC is working toward eliminating rape and all forms of sexualized violence. Their website works within a survivor-centered framework in order to prioritize the healing and safety of the survivor. Additionally, SAPC is collaborating with UPD and the NCRCT to create a lethality assessment. This brief risk assessment identifies patients who are at high risk for homicide or severe injury by an intimate partner. The assessment is currently in the development stage; once completed, UPD will be trained on how to deploy this assessment.

Students for Violence Prevention is a learning community that stresses the importance of community, consent, respect, and supporting one another. Anchored by the national award-winning student bystander intervention program called CHECK IT, it offers you the chance to develop skills in violence prevention and take courses from professors with expertise in non-violence and social justice. To learn more and apply, visit the SVP website.

Campus offers two courses, Act to End Sexualized Violence I and Act to End Sexualized Violence II. The first course was built out of student activism and addresses sexualized violence not just as an individual act, but as part of a rape-supportive culture. Sexualized violence affects everyone. This course is a chance for students from all different majors and departments to take part in critical discussions about violence, accountability, healing, and supporting survivors. A component of the class is focused on taking action to end sexualized violence. The second course foregrounds prevention education, understanding sexualized violence and also allows students to build group facilitation and active listening skills.

CHECK IT launched at Cal Poly Humboldt in Feb. 2014. It is a student-led movement that is aimed at creating a more consent-centered culture and empowering the community to take action when we witness potential moments of sexual assault, dating violence and stalking in our community. It’s also about creating a community where we listen to, believe, and support survivors and make clear to those who choose to commit acts of harm that it's unacceptable.

The Women’s Resource Center (WRC) hosts Take Back the Night. As described by the WRC, “This annual event is a night in which members of the community come together to challenge domestic partner violence, intimate partner violence, and the other forms of violence that affect us all, but disproportionately impact women. They encourage the campus and community to come together to fight these and the notions that women should take precautions to prevent these forms of violence happening against them, instead by arguing that we should be challenging the systems in place that perpetuate these forms of violence.” Take Back the Night includes the Clothesline Project, the Silent Witness Project, a rally, speak-out, and march.

Monitoring and Recording Crime Activity at Noncampus Locations of Student Organizations

No such organizations with noncampus locations exist during this reporting period (2021 – 2023), therefore no policy exists.

Possession, Use, Sale and Enforcement of Federal and State Alcohol and Drug laws

Overview of Policies and Standards of Conduct

The faculty, staff, and administration of Cal Poly Humboldt are dedicated to creating an environment that allows students to achieve their educational goals. Cal Poly Humboldt believes that awareness through education is necessary to promote a healthy lifestyle for our campus, and that every member of the campus community should be encouraged to assume responsibility for their behavior.

All Cal Poly Humboldt students, faculty, staff, and visitors are subject to Cal Poly Humboldt policies, as well as local, state, and federal laws regarding the unlawful possession, manufacturing, distribution, sale, or use of liquor and illegal drugs. As a Title IV participating institution, the University does not recognize medical marijuana authorization cards because marijuana, under federal Law (Title 21 U.S. Code), is classified as an illegal substance.

The unlawful manufacturing, distribution, possession, sale or use of controlled substances is absolutely prohibited and individuals in violation may be subject to arrest or citation. UPD enforces federal and state laws regulating alcohol and drugs at campus-owned, controlled and officially recognized locations, including State underage drinking laws. Students, faculty, and staff in violation of alcohol and drug laws may also be referred to the Office of Student Rights and Responsibilities, Human Resources, or Academic Personnel Services for administrative discipline. Applicable policies are listed below:

Drug Free Workplace Act, 1988

Employees of the University are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in accordance with the requirements of the Anti-Drug Abuse Act of 1988 (Public Law 100–690, 102 Stat. 4181). Within 30 days after receiving notice from an employee of a conviction pursuant to section 8102(a)(1)(D)(ii) or 8103(a)(1)(D)(ii) of this title, the University shalltake appropriate personnel action against the employee, up to and including termination; or require the employee to satisfactorily participate in a drug misuse assistance or rehabilitation program approved for those purposes by a Federal, State, or local health, law enforcement, or other appropriate agency.

Drug-Free Schools and Communities Act Amendment, 1989

The Drug-Free Schools and Communities Act (DFSCA) of 1989 requires institutions of higher education to establish policies that address unlawful possession, use, or distribution of alcohol and illicit drugs. The DFSCA also requires the establishment of a drug and alcohol prevention program (DAAPP). These policies are briefly described below, under the “DRUG-FREE SCHOOLS & COMMUNITIES ACT: ALCOHOL AND DRUG ABUSE PREVENTION” section heading.

Executive Order 1108

This is the current University policy regarding smoking and tobacco and prohibits the use of cigarettes, cigars, pipes and other smoke emitting products, including e-cigarettes and vapor devices. Smoking, the use or sale of tobacco products, and the use of designated smoking areas are prohibited on all California State University properties. Members of the CSU community are expected to fully comply with the policy. Any sponsorship and/or advertising in respect to any university activity or event by a tobacco product manufacturer is prohibited unless explicitly authorized by the University President or designee. UPD shall reserve all enforcement authority with regards to any violation of existing state and federal law.

Executive Order 1109

This executive order permits each CSU campus to decide if it will permit the sale and service of alcoholic beverages at intercollegiate athletic events, regardless of whether those events are held at university-owned or operated facilities or other facilities over which the university has jurisdiction. Cal Poly Humboldt has established the Alcoholic Beverages Policy, detailed below, to establish procedures according to the specifications outlined in EO 1109.

University Code of Rules and Regulations, Chapter V, Article iii

This policy applies to all campus properties, non-campus properties, and residence halls and is enforced by UPD. Any drug, narcotic or controlled substance, the possession of which for any purpose is regulated or proscribed by any law of the United States, is prohibited on the university campus. The possession or consumption of any alcoholic beverage by any person under the legal age, pursuant to the Provisions of the California Business and Professions Code and the California Vehicle Code is prohibited. The consumption of alcoholic beverages or possession of any open container in which a measurable amount of alcoholic beverage remains is prohibited on the streets and grounds, or in any public place as described in Section 1100(l) of the University Code of Rules and Regulations, except and only with the expressed permission of the president or president’s designee upon prior notification of the UPD Chief of Police.

Alcoholic Beverages Policy, P19-04, April 2019

This policy establishes rules and procedures for the approval of service and consumption of alcoholic beverages at Cal Poly Humboldt. It is the University’s expectation that when alcoholic beverages are served it will be under conditions that complement the orderly functioning of the University. All federal and state laws are applicable to Cal Poly Humboldt and to all individuals on the properties of the University. The policy prohibits the unlawful possession, consumption, or purchasing of alcoholic beverages. Employees of the University may not consume alcoholic beverages while at work. Pursuant to Education Code 89535, employees are not allowed to be under the influence of alcohol while on duty. 

The University Code of Rules and Regulations, Section 5203, states:

“The consumption of alcoholic beverages or possession of any open container . . . is prohibited on the streets and grounds, in any campus building, or in any public place . . . except with the expressed permission of the President or the President’s designee upon prior notification of the University Chief of Police.”

Enforcement of matters of law is the responsibility of the University Police Department. The institution may impose penalties for violations of standards of conduct up to and including expulsion, termination of employment, and criminal prosecution. Any disciplinary action resulting from violations of this policy shall be administered in a manner consistent with the terms of the applicable collective bargaining agreement and/or the applicable provisions of the California Education Code. Disciplinary action directed at students will be in compliance with the Student Conduct Procedures, Executive Order 1098. Penalties will be handled by the appropriate administrator. Additional penalties may be imposed by those areas that have jurisdiction over specific events.

Alcohol and Drugs and Controlled Substances, Housing & Residence Life

These policies are based on the campus-wide policy; they prohibit the same conduct. Violations of either these policies will be addressed in the student conduct process and may have different results due to the nature of the violation(s). Outcomes may include educational administrative sanctions, a student’s removal from Housing, referral to the Dean of Students Office, and possible legal charges (including citations and fines).

Drug-Free Schools & Communities Act: Alcohol and Drug Abuse Prevention

A key element of alcohol and drug misuse prevention is students working with other students to create healthy norms of behavior on campus. Through the Peer Health Education Program, students can become involved in bringing vital health outreach and leadership in a variety of health topics (including substance use) to the campus community. Contact one of the Campus’ Health Educators at 707-826-5228 or review their website (https://healtheducation.humboldt.edu) for more information. Additionally, the campus has an Alcohol and Other Drug Abuse Prevention Committee. This campus committee has three primary functions:

1. Education and Prevention: The Committee shall develop a plan for comprehensive education, prevention, and intervention programming concerning alcohol, tobacco and other drug use. The Committee shall assess community substance use and abuse and develop appropriate education and social norming strategies.
2. Review of and Recommendations for Policy: The Committee shall review and develop recommendations for campus policies and procedures related to alcohol, tobacco and drug use issues for students, staff and faculty. These recommendations will be forwarded to appropriate avenues for consideration.
3. Communication: The Committee shall serve as a forum for members and guests from a range of campus and community groups to communicate about issues, policies and activities related to substance use and abuse in the University community.

In general, Health Education operations from a harm reduction framework. According to Harmreduction.org[2], “Harm reduction is a set of practical strategies and ideas aimed at reducing negative consequences associated with drug use. Harm Reduction is also a movement for social justice built on a belief in, and respect for, the rights of people who use drugs.”

Associated Health Risks

Substance use can cause extremely serious health and behavioral problems, including short- and long-term effects upon the body and mind. The physiological and psychological responses differ according to the chemical ingested, and although chronic health problems are associated with long-term substance use, acute and traumatic reactions can occur from one-time and moderate use.

Acute health problems may include heart attack, stroke, and sudden death, which, in the case of drugs such as cocaine, can be triggered by first- time use. Long lasting health effects of drugs and alcohol may include disruption of normal heart rhythm, high blood pressure, blood vessel leaks in the brain, destruction of brain cells and permanent memory loss, infertility, impotence, immune system impairment, kidney failure, cirrhosis of the liver, and pulmonary (lung) damage. Drug use during pregnancy may result in miscarriage, fetal damage and birth defects causing hyperactivity, neurological abnormalities, developmental difficulties, and infant death.

Naloxone is a life-saving prescription medication that can save the life of a person who is experiencing an opioid overdose. For more information on where to get Naloxone and how to use it please contact the health educator at (707) 826-5228 or check http://stopoverdosehumboldt.org/naloxone.htm.

Available Treatment and Support Programs

Counseling and Psychological Services (CAPS)

CAPS offers a weekly counseling group called Harm Reduction from Alcohol and Drugs. This is described as “a supportive group where you can discuss your relationship with substances and discover strategies to make changes.” Information on how to join, and other CAPS groups, can be found on their website. CAPS has also created a list of self-help resources for those who want to assess their substance usage, including an educational Prezi, signs and symptoms of substance misuse, books, and self-help apps. Lastly, CAPS has curated a list of community resources available to faculty, staff, and students at Cal Poly Humboldt. These community resources include AA-style groups and other peer support groups. Check the Counseling and Psychological Services website for dates and times of on campus groups, https://counseling.humboldt.edu/groups-workshops-during-coronavirus.

Assistance for Resident Students

Residence Life staff are available to identify, informally counsel, support, and make referrals for students suffering from substance use issues. These interventions may include referral to on or off-campus professionals, group support, and/or directions to participate in online intervention programs.

Employee Assistance Program (EAP)

LifeMatters, the Employee Assistance Program (EAP) through Empathia, is available to University employees and their dependents/permanent household members. Employees can call LifeMatters 24/7/365 to speak with a licensed counselor about issues related to mental well-being, including job stress, financial issues, personal relationship issues, substance misuse concerns, or anything else that you may need to talk through.

In addition to this initial conversation and assessment of needs, the following benefits and services are available to Cal Poly Humboldt employees:

• 8 free, confidential counseling sessions. If continued services are required, Empathia with find a licensed counselor who will work with your insurance plan (if applicable)
• Access to lifematters.com (webinars, self-assessments, interactive courses, trainings, videos, and articles)
• Physical and behavioral health assessment
• Smoking cessation program

Off-Campus Resources

The Department of Health and Human Services of Humboldt County administers a variety of Substance Use Disorder (SUD) Treatment Services and maintains a comprehensive list of other SUD resources in Humboldt County (https://humboldtgov.org/DocumentCenter/View/844/Substance-Use-Disorder-Programs-Contact-List-PDF?bidId).

SUD treatment services are designed to empower participants to develop the self-awareness and personal motivation needed to make positive and permanent changes in their lives. Program services are provided by substance misuse counselors and may include:

• American Society of Addiction Medicine (ASAM) Assessment
• Consultation and referrals
• Plan development
• Individual and group counseling
• Treatment and recovery services
• Parenting skills
• Skill development
• Case management
• Service coordination
• Field services

Substance Use Disorder Treatment Programs and Support Services in Humboldt County

• Aegis Treatment Centers: 2107 First St., Eureka, CA 95501; 707-273-6395
• Boys and Girls Club of the Redwoods: 939 Harris St., Eureka, CA 95501; 707-444-0153
• Crossroads/North Coast Substance Abuse Council (NCSAC): 1205 Myrtle Ave., Eureka, CA 95501; 707-445-0869
• Department of Health & Human Services (DHHS) Adolescent Treatment Program (ATP): 707-441-3773
• DHHS Healthy Moms Program: 2910 H St., Eureka, CA 95501; 707-441-5220
• DHHS Humboldt County Programs for Recovery (HCPR): 734 Russ St., Eureka, CA 95501; 707-476-4054
• Humboldt Area Center for Harm Reduction (HACHR) Low Barrier Medication-Assisted Treatment (MAT) Access: 1522 3rd Street, Eureka, CA 95501; 707-407-6013
• Humboldt Alcohol Recovery Treatment (HART) program – Fortuna Adventist Community Services: 2331 Rohnerville Road, Fortuna, CA 95540; 707-725-9381
• Humboldt Family Service Center: 1802 California St., Eureka, CA 95501; 707-443-7358
• Humboldt Recovery Center (HRC): P.O. Box 6310, Eureka, CA 95502; 707-443-0514
• Open Door Community Health Centers Medication-Assisted Treatment (MAT) for Substances Program Member Services Department: 707-269-7073
• Priority Care Center: 2316 Harrison Ave., Eureka, CA 95501; 707-442-0478
• Redwood Adult & Teen Challenge: 2212 Second St., Eureka, CA 95501; Administration Office: 707-268-8727, Adult Men’s Center: 707-268-0614, Adult Women’s Center: 707-442-4233, Pastor Tom Throssel-Executive Director: 707-268-8727 Ext. 102
• Two Feathers Native American Family Services: 1560 Betty Court, Suite A, McKinleyville, CA, 95519; 707-839-1933
• United Indian Health Services (UIHS): 1600 Weott Way, Arcata, CA 95521; 707-825-5000
• Waterfront Recovery Services (WRS): 2413 Second St., Eureka, CA 95501; 707-269-9590 Ext. 202
• Fortuna Community Health Center (also serving Ferndale): 1375 Rohnerville Road, Fortuna, CA 95540; 707-725-4477
• Redwoods Rural Health: 101 West Coast Road, Redway, CA 95560; 707-923-2783
• Singing Trees Recovery Center: 2061 US-101, Garberville, CA 95542; 707-247-3495
• Ki’ima:w Medical Center Behavioral Health Department: 535 Airport Road, Hoopa, CA 95546; 530-625-4261 Ext. 0450
• Willow Creek Community Health Center: 38883 Hwy 299, Willow Creek, CA 95573; 530-629-3111

Mutual Assistance/Advocacy

• Al-Anon/Alateen/Adult Children of Alcoholics: P.O. Box 6425, Eureka, CA 95502; 707-443-1419
• Alcoholics Anonymous of Humboldt and Del Norte Counties: P.O. Box 7102 Eureka, CA 95502; 844-442-0711
• Mothers Against Drunk Driving: For location of Victim Impact Panel, call 916-481-6233
• Narcotics Anonymous: P.O. Box 6634, Eureka, CA 95502; 707-444-8645, 866-315-8645

HIV/AIDS Testing

• Planned Parenthood Northern California: 3225 Timber Fall Court, Suite B, Eureka, CA 95503; 707-442-5700
• Humboldt Open Door Clinic: 770 10th St., Arcata, CA 95521; 707-826-8610

Smoking Cessation

• American Cancer Society: 611 Harris St., Eureka, CA 95501; (707) 443-2241
• California Smoker’s Helpline: 800-NO-BUTTS, 800-662-8887, 1-844-8-NO-VAPE, 1-844-866-8273
• Open Door Community Health Centers Smoking Cessation Services Member Services Department: 707-269-7073

Other Resources

• DHHS Mobile Outreach Program: Crisis Line - 707-445-7715, Toll-Free - 888-849-5728
• ED Bridge Program Substance Use Navigator (SUN): 2700 Dolbeer St., Eureka, CA 95501; Hospital - 707-445-8121 ext. 5840, SUN - 707-499-1072
• Humboldt RISE Project Perinatal Navigator: 707-267-6469
• Humboldt Domestic Violence Services: P.O. Box 969, Eureka, CA 95502; 24-hour support line: 707-443-6042
• North Coast Resource Hub: (707) 443-4563 ext 126
• The Road to Resilience Project: 325 Second St., Suite 201, Eureka, CA 95501; 707-445-7379
• St. Joseph Health CARE Network: 2200 Harrison Ave., Eureka, CA 95501; 707-445-8121 ext. 5825

This list is updated on an annual basis by the Substance Use Prevention (SUP) Program of the Healthy Communities Division of Humboldt County DHHS Public Health Branch. For questions about this list or to request an update to information on this list, please contact: publichealthaod@co.humboldt.ca.us.

Sanctions and Corrective and Disciplinary Actions

Employees

Violations of these policies by employees may result in the application of sanctions, including but not limited to required participation in an approved drug misuse assistance or rehabilitation program, referral for prosecution, and disciplinary action up to and including dismissal, demotion or suspension without pay under the applicable provisions of the California Education Code, University policies and labor contracts.

Corrective and Disciplinary Action for employees is imposed in accordance with current collective bargaining agreements, when applicable, and may include:

• Written Reprimand: Any written communication from an appropriate administrator to an employee that criticizes or otherwise comments negatively upon the personal/professional conduct and/or job performance of the employee if that written communication is placed in the official personnel file, but does not include performance evaluations or notices of performance expectations or rules and regulations.
• Change in Work Location: A change in the Employee’s work location to a different office within the University or other campus properties, to remote work, etc.
• Temporary or Permanent Demotion: A temporary or permanent reduction in an Employee’s job title, role or duties.
• Paid Administrative Leave: A temporary leave from a job assignment, with pay and benefits intact.
• Education, Treatment, Training, or Resignation in lieu of Disciplinary Action: An employee agreeing to attend treatment, education, or training, or resigning in place of receiving disciplinary action or going through the University’s disciplinary process. Education, Treatment, or Training can include the resources listed above, in the “Available Treatment and Support Programs” section.
• Restrictions from all or Portions of Campus: A designated period of time during which the Employee is not permitted on University Property or specified areas of Campus.
• Restrictions to Scope of Work: An adjustment of the work-related tasks to include or unincluded specific work-related tasks.
• Suspension: A temporary separation of the Employee from their employment status with the University.
• Termination: A permanent separation of the Employee from their employment status with the University.

Students

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.
• 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.
• 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.
• 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.
• 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.
• Suspension: Temporary separation of the Student from active Student status or Student status.
  • A Student who is suspended for less than one academic year shall be placed on inactive Student (or equivalent) status (subject to individual Campus policies) and remains eligible to re-enroll at the University (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 (subject to individual Campus application polices) 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.
• 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.
• 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.

Legal Sanctions

A list of applicable legal sanctions under Federal, State or local laws for the unlawful use, sale, possession, or distribution of illicit drugs and alcohol include referrals to the Student Conduct Administrator for students, Human Resources or Academic Personnel Services for employees, diversion programs, fines, probation, and/or incarceration.

Under federal law, the manufacture, sale or distribution of all Schedule I and II illicit drugs (e.g., cocaine, methamphetamines, heroin, PCP, LSD, and all mixtures containing such substances) is a felony. A first offense incurs a prison sentence of five years to life (20 years to life if death or serious injury is involved), and fines of up to $4 million for offenses by individuals ($10 million for other than individuals).

Federal law also prohibits trafficking in marijuana, hashish and mixtures containing such substances. A first offense for these offenses may incur a maximum penalty of five years to life (20 years to life if death or serious injury is involved) and fines up to $4 million for offense by individuals ($10 million for other than individuals). Penalties vary depending upon the quantity of drugs involved. A second offense in marijuana or related trafficking may result in penalties ranging from 10 years to life (not less than life if death or serious injury is involved), and fines up to $8 million for individuals ($20 million for other than individuals).

The trafficking of medically useful drugs (e.g., prescription and over the counter drugs) is illegal. A first offense may result in prison sentence up to five years, while a second offense may incur a prison sentence up to ten years.

A first offense for possession of illicit drugs may incur prison sentences up to one year and fines up to $100,000. A second offense may incur prison sentences up to two years and fines up to $250,000. Special sentencing provisions apply for possession of crack cocaine, including imprisonment of 5 to 20 years and fines up to $250,000 for first offenses, depending upon the quantity possessed.

Sexual Violence Prevention 

The California State University (CSU) promotes a safe living, learning, and working environment through systemwide policies and through a variety of campus educational programs provided to students, faculty, and staff. The CSU prohibits dating violence, domestic violence, sexual misconduct/sexual assault, sexual exploitation, and stalking, and provides programs to prevent, educate, and promote awareness of these topics, in accordance with the CSU Nondiscrimination Policy.  These prohibited behaviors are also crimes as defined by 34 C.F.R. §668.46, and California criminal definitions.

The CSU provides comprehensive, intentional, and integrated programming, initiatives, strategies, and campaigns intended to stop dating violence, domestic violence, sexual misconduct/sexual assault, sexual exploitation, and stalking before they occur through the promotion of behaviors that foster healthy relationships, encourage safe bystander intervention, and seek to change behavior and social norms in healthy and safe directions. 

The CSU’s prevention programs and initiatives are sustained over time and focus on increasing awareness and understanding of topics relevant to and skills for addressing dating violence, domestic violence, sexual misconduct/sexual assault, sexual exploitation, and stalking, using a range of strategies with audiences throughout the CSU community. This includes both community-wide or audience-specific programming, initiatives, and strategies that increase audience knowledge and share information and resources to prevent violence, reduce perpetration, promote safety and a culture of respect.

Campus programs must include primary prevention and awareness training: (1) for all new Students[3]; and new Employees; (2) refresher programs at least annually for all Students; (3) twice a year for all Students who serve as advisors in residence halls; (4) annually for all Student members of fraternities and sororities; (5) annually for all Student athletes and coaches; and (6) annually for all Employees consistent with their role in responding to and reporting incidents. Ongoing prevention and awareness campaigns for all Students and Employees will also be conducted. The CSU system will provide online training for all Employees and each campus will provide online training for all Students. All training must be consistent with the applicable CSU policy and state and federal regulations. 

Each campus must assess which student organizations participate in activities that may place Students at risk and ensure that they receive annual supplemental training focused on situations the group’s members may encounter.

To ensure that all Students receive the necessary information and training enumerated above on dating violence, domestic violence, sexual misconduct/sexual assault, sexual exploitation, and stalking, campuses should impose consequences such as registration holds on those Students who do not participate in and complete such mandatory training.

Training for Employees

Training will be mandatory for all employees within six months of their initial hiring, and on an annual basis thereafter.  Such training will include, but not be limited to: what constitutes discrimination, harassment, retaliation, sexual misconduct/sexual assault, dating and domestic violence, sexual exploitation and stalking under applicable law; the rights and responsibilities of each Employee relating to discrimination, harassment, retaliation, sexual misconduct/sexual assault, dating and domestic violence, sexual exploitation and stalking including the duty to report and exceptions; the protection against retaliation for Employees who report discrimination, harassment, retaliation, sexual misconduct, dating and domestic violence, sexual exploitation and stalking; the procedures provided under the  CSU Nondiscrimination Policy for filing, investigating and resolving a complaint; and the option and method for filing complaints with external government agencies such as the Department of Fair Employment and Housing (DFEH) and the Equal Employment Opportunity Commission (EEOC). 

Under California Government Code § 12950.1, each campus shall provide supervisory Employees at least two hours of interactive sexual harassment training within six months of the Employee's assignment to a supervisory position and every two years thereafter. Each campus shall maintain documentation of the delivery and completion of these trainings. For detailed guidance regarding the definition of "supervisor" and the implementation of this training, campuses shall consult Coded Memoranda HR 2005-35 and other applicable policies.

Prevention and Awareness Programming 

Required

California State University campuses provide primary prevention programs to all incoming students and new employees. California State University campuses provide ongoing prevention programs to all students and employees during their time at the institution. The University is contracted with Vector Solutions to provide an online training program. Students new to Cal Poly Humboldt will complete the full course, which takes approximately an hour. Returning students are required to complete a shorter refresher course that takes approximately 30 minutes. The University places a soft hold on any student’s account that does not complete this training program. To comply with CSU Policy and 34 C.F.R. §668.46., the Vector Solutions programs, which are designed to prevent dating violence, domestic violence, sexual misconduct/sexual assault, sexual exploitation, and stalking, will include: 

1. A statement that the CSU prohibits dating violence, domestic violence, sexual misconduct/sexual assault, sexual exploitation, and stalking as defined under CSU policy and 34 C.F.R. §668.46.
2. The definitions of “dating violence,” “domestic violence,” “sexual assault,” and “stalking” in the applicable jurisdiction, California (California Penal Code) and the definitions under CSU policy (to also include the CSU policy definition of “sexual exploitation”).
3. The definition of “consent,” in reference to sexual activity, in the applicable jurisdiction, California (California Penal Code), and the definition of “affirmative consent” under CSU policy.
4. Common facts and myths about the causes of sexual misconduct/sexual assault.
5. A description of safe and positive options for bystander intervention, as exemplified below.
6. Information on risk reduction, exemplified below. 
7. Information regarding campus, criminal, and civil consequences of engaging in acts of sexual misconduct/sexual assault, sexual exploitation, dating and domestic violence, and stalking.
8. Information about reporting, adjudication, and disciplinary procedures as required by 34 C.F.R. §668.46 and as described in the procedures under the CSU Nondiscrimination Policy.

Optional

The Title IX & DHR Prevention Office provides information about reducing the risk of dating and domestic violence. It includes information about what dating and domestic violence can look like, warning signs to be aware of, and links to campus and national resources.

Cal Poly Humboldt’s Sexual Assault Prevention Committee (SAPC) is comprised of faculty, staff, students, law enforcement, and community partners, including advocates from the North Coast Rape Crisis Team. The SAPC is working toward eliminating rape and all forms of sexualized violence. Their website works within a survivor-centered framework in order to prioritize the healing and safety of the survivor. Additionally, SAPC is collaborating with UPD and the NCRCT to create a lethality assessment. This brief risk assessment identifies patients who are at high risk for homicide or severe injury by an intimate partner. The assessment is currently in the development stage; once completed, UPD will be trained on how to deploy this assessment.

Students for Violence Prevention is a learning community that stresses the importance of community, consent, respect, and supporting one another. Anchored by the national award-winning student bystander intervention program called CHECK IT, it offers you the chance to develop skills in violence prevention and take courses from professors with expertise in non-violence and social justice. To learn more and apply, visit the SVP website.

Campus offers two courses, Act to End Sexualized Violence I and Act to End Sexualized Violence II. The first course was built out of student activism and addresses sexualized violence not just as an individual act, but as part of a rape-supportive culture. Sexualized violence affects everyone. This course is a chance for students from all different majors and departments to take part in critical discussions about violence, accountability, healing, and supporting survivors. A component of the class is focused on taking action to end sexualized violence. The second course foregrounds prevention education, understanding sexualized violence and also allows students to build group facilitation and active listening skills.

CHECK IT launched at Cal Poly Humboldt in Feb. 2014. It is a student-led movement that is aimed at creating a more consent-centered culture and empowering the community to take action when we witness potential moments of sexual assault, dating violence and stalking in our community. It’s also about creating a community where we listen to, believe, and support survivors and make clear to those who choose to commit acts of harm that it's unacceptable. CHECK IT also hosts a variety of programs and runs several social media campaigns focused on their message throughout the year.

The Women’s Resource Center (WRC) hosts Take Back the Night. As described by the WRC, “This annual event is a night in which members of the community come together to challenge domestic partner violence, intimate partner violence, and the other forms of violence that affect us all, but disproportionately impact women. They encourage the campus and community to come together to fight these and the notions that women should take precautions to prevent these forms of violence happening against them, instead by arguing that we should be challenging the systems in place that perpetuate these forms of violence.” Take Back the Night includes the Clothesline Project, the Silent Witness Project, a rally, speak-out, and march.

Information About Campus Reporting, Adjudication, and Discipline Procedures

Campus training programs will reference the procedures outlined in the CSU Nondiscrimination Policy that victims/survivors may follow if an incident of dating violence, domestic violence, sexual misconduct/sexual assault, sexual exploitation, or stalking has occurred. Training programs will also reference information about preserving evidence, reporting to the appropriate authorities, confidentiality options, available protective and supportive measures.

Campuses apply the relevant CSU policy and procedures when responding to all reports of dating violence, domestic violence, sexual misconduct/sexual assault, sexual exploitation, or stalking.  Campuses shall establish processes to provide a print and/or digital copy of the "Rights and Options for Victims” as outlined in the CSU Nondiscrimination Policy to any community member who reports experiencing such harm, regardless of whether the incident occurred on or off campus.

Campus training programs regarding the procedures for reporting and addressing reports of dating violence, domestic violence, sexual misconduct/sexual assault, sexual exploitation, and stalking will include the following:

• A statement explaining that the campus' primary concern is the safety of members of the campus community; that the use of alcohol or drugs never makes the victim/survivor at fault for sexual misconduct/sexual assault, sexual exploitation, dating or domestic violence, or stalking; that Students who experience or witness sexual misconduct/sexual assault, sexual exploitation, dating or domestic violence, or stalking should not be deterred from reporting incidents out of a concern that they might be disciplined for related violations of drug, alcohol, or other CSU policies; and that Students who experience or witness sexual misconduct/sexual assault, sexual exploitation, dating or domestic violence, or stalking shall not be subject to discipline for related violations of conduct policies at or near the time of the misconduct unless the violation is egregious (including actions that place the health or safety of any other person at risk or involves plagiarism, cheating, or academic dishonesty.)
• A statement that "CSU policy prohibits retaliation against a person who: reports sex discrimination, sexual harassment, sexual misconduct/sexual assault, sexual exploitation, dating or domestic violence, or stalking; assists someone with a report of such conduct; or participates in any manner in a related investigation or resolution.
  • Retaliation means that 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 this policy,
    • Reported or opposed conduct which was reasonably and in good faith believed to be in violation of this policy,
    • Assisted or participated in an investigation/proceeding under this policy, regardless of whether the Complaint was substantiated,
    • Assisted someone in reporting or opposing a violation of this policy or assisted someone in reporting or opposing Retaliation under this policy.
    • Adverse Action means 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. 
• What someone should do if they have experienced or witnessed sexual misconduct/sexual assault, sexual exploitation, dating or domestic violence, or stalking.
• Individuals to whom incidents may be reported along with information regarding what degree of confidentiality may be maintained by those individuals.
• The availability of, and contact information for, campus and community resources for victims/survivors of sexual misconduct/sexual assault, sexual exploitation, dating or domestic violence, or stalking.
• A description of campus and systemwide policies and disciplinary procedures available for addressing alleged violations and the consequences of violating these policies, including the fact that such proceedings shall: 
  • Provide a prompt, fair, and impartial investigation and resolution; and, 
  • Be conducted by officials who receive annual training on issues related to sexual misconduct/sexual assault, sexual exploitation, dating or domestic violence, or stalking and how to conduct an investigation and hearing process that protects the safety of victims/survivors and promotes accountability.
• The fact that the Complainant and the Respondent will be afforded the same opportunities to have others present during a disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the Advisor of their choice.
• The fact that both the Complainant and the Respondent shall be simultaneously informed in writing of: 
  • The outcome of any disciplinary proceedings that arises from an allegation of a sex discrimination, sexual harassment, sexual misconduct/sexual assault, sexual exploitation, dating or domestic violence, or stalking.
  • The CSU’s procedures for the Complainant or Respondent to appeal the results of the disciplinary proceeding.
  • Any change to the disciplinary results that occurs prior to the time such results become final.
  • When disciplinary results become final.
• Possible sanctions or remedies the campus may impose following the final determination of a campus disciplinary procedure regarding sexual misconduct/sexual assault, sexual exploitation, dating or domestic violence, or stalking.
• How the campus will protect the confidentiality of Complainants, including how publicly available recordkeeping (e.g., campus Clery reports) will be accomplished without the inclusion of identifying information about the Complainant to the extent permissible by law.
• That all students and employees must receive written notification about existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available for victims/survivors, both on campus and in the community[4].
• That all students and employees who report being a victim/survivor of sexual misconduct/sexual assault, sexual exploitation, dating or domestic violence, or stalking must receive written notification of available assistance in, and how to request changing academic, living, transportation, and working situations, if requested and if such accommodations are reasonably available, regardless of whether the victim/survivor chooses to report the incident to campus police or local law enforcement.
• Procedures victims/survivors are recommended to follow if sexual misconduct/sexual assault, sexual exploitation, dating or domestic violence, or stalking has occurred, as well as the fact that the following written information must be provided to victims:
  • The importance of preserving evidence following an incident of sexual misconduct/sexual assault, sexual exploitation, dating or domestic violence, or stalking, which may also be used to obtain a temporary restraining or other protective order.
  • The name and contact information of the campus Employee(s) to whom the alleged incident should be reported.
  • Reporting to law enforcement and campus authorities, including the option to: (a) notify law enforcement authorities, including on-campus and local police; (b) be assisted by campus authorities in notifying law enforcement authorities if the victim so chooses; and, (c) decline to notify such authorities.
  • Where applicable, the rights of victims/survivors and the campus’ responsibilities regarding orders of protection, no contact directives, restraining orders, or similar lawful orders issued by a criminal, civil, or tribal court.

Risk Reduction

The CSU provides community members with information and strategies for risk reduction designed to decrease perpetration, promote bystander intervention and healthy relationships, empower marginalized voices, and support victims/survivors. Information and strategies for risk reduction help promote safety and help individuals and communities address conditions that facilitate violence.

Sexual Misconduct/Sexual Assault

The CSU is committed to maintaining a safe campus for all members of the CSU community. Risk reduction strategies are focused on creating a culture of respect, reducing the risk for perpetration and for victimization. It is important to emphasize that only those who engage in sexual misconduct/sexual assault, dating violence, domestic violence, sexual exploitation, and stalking are responsible for those actions. With this in mind, the following tips provide some possible strategies to help promote a caring community and mitigate personal risk.

• Communication is key to healthy relationships and healthy sexual interactions. Obtain Affirmative Consent from your partner for all sexual activity.
  • Affirmative Consent means an informed, affirmative, conscious, voluntary, and mutual agreement to engage in sexual activity.
  • Engaging in any sexual activity without first obtaining Affirmative Consent to the specific activity is Sexual Misconduct, whether or not 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 there is Affirmative Consent to all 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 do so immediately

[Source: Love Is Respect]

Dating/Domestic Violence

Common signs of abusive behavior in a relationship 

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

• 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 for 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. A good starting place for a list of resources is your campus Title IX webpage. You can also contact the National Domestic Violence Hotline at 1.800.799.SAFE (7233), which is free and confidential.

[Source: National Domestic Violence Hotline]

• 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 you or speak up around you, and/or
  • Restricts their own interactions with friends, family, coworkers, or others in order to avoid upsetting you

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

You could consider contacting the psychological counseling center on your campus to speak with a counselor confidentially, or you could contact the National Domestic Violence Hotline at 1.800.799.SAFE (7233), which is free and confidential.

[Source: National Domestic Violence Hotline]

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 you or speak up around you, and/or
• Restricts their own interactions with friends, family, coworkers, or others in order to avoid upsetting you

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

You could consider contacting the psychological counseling center on your campus to speak with a counselor confidentially, or you could contact the National Domestic Violence Hotline at 1.800.799.SAFE (7233), which is free and confidential.

[Source: National Domestic Violence Hotline]

Stalking

Respecting boundaries

If someone tells you that they do not want you to contact them or do something like visit their home or send them gifts, or if they have stopped interacting with you, respect their choice. Everyone has the right to set boundaries. 

Recognizing stalking behaviors

A person who engages in stalking may:

• Repeatedly call or send other unwanted communication such as text messages, emails, social media messages, letters, etc.
• Follow the person and seem to “show up” wherever they are.
• Send unwanted gifts.
• Damage home, car, or other property.
• Monitor phone calls or computer use.
• Drive or linger near the home, school, or work of the person they are stalking.
• Use other people to try and communicate with the person they are stalking, like children, family, or friends.

[Source: Victim Connect Resource Center]

Below are some tips from the Stalking Prevention Awareness and Resource Center (SPARC) regarding steps one can take if they are experiencing stalking

• Trust your instincts – if you/someone feels they are in immediate danger or fear a threat of harm, call 911
• Keep a record or log of each contact with the stalker
• Save evidence when possible, such as emails, text messages, postings on social media, etc.

Know that there are support resources available on each CSU campus, including individuals with whom individuals can speak confidentially and who can assist in making a safety plan and/or seeking a protective order. A good starting place for a list of resources is your campus Title IX webpage.

Bystander Intervention

The California State University and the campuses 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.

This training encourages employees and students to:

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

CSU Policy Definitions

Definitions of conduct that is prohibited under CSU policy are found in Article VII of the CSU Nondiscrimination Policy. These definitions are applicable in relation to the University’s administrative processes and may differ from the criminal law definitions (California) found in Appendix A.

Written Notification

The Title IX Coordinator will provide Complainants alleging Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence or Stalking, with both the CSU Nondiscrimination Policy, which contains applicable disciplinary procedures,  and the information in Attachment D to the CSU Nondiscrimination Policy - Rights and Options for Victims of Sexual Misconduct/Sexual Assault, Sexual Exploitation, Dating and Domestic Violence, And Stalking, regardless of if the reported offense takes place on or off campus. This same information is provided in writing to all students and employees within the CSU Nondiscrimination Policy, and as part of annually assigned training. 

This written notice (annually to all students and employees, and specifically to complaints as outlined above) includes the information below, including:

• Supportive measures
• Rights and options available throughout the reporting process and/or the duration of any formal or informal complaint resolution process, including campus and criminal reporting options, available advocates, preserving evidence, medical Care and treatment, and protective orders. 
• Existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available

You have the right to be offered and receive reasonably available support services and supportive measures, available both on and off campus. You do not have to file a formal complaint or a criminal complaint (i.e. a complaint made to campus or local law enforcement) in order to receive support services and/or supportive measures. Supportive services and supportive measures include, but are not limited to, counseling, victim/survivor advocates, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, transportation accommodations, and other similar measures. The Title IX Coordinator, University Police Department and victim/survivor advocate on your campus can provide some of these services directly and/or provide you with information about and a referral to these and additional resources on and off campus for support. 

Supportive Measures

Supportive Measures are individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or Respondent regardless of whether a Formal Complaint is filed. Supportive Measures are designed to restore or preserve equal access to CSU education programs or activities, or the workplace without unreasonably burdening the other Party, including to protect the safety of all Parties or the educational or work environment. Supportive Measures may include counseling, extensions of deadlines or other course or work-related adjustments, modifications of work or class schedules, campus escorts, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, transportation accommodations, and other similar measures. The Title IX Coordinator/DHR Coordinator is responsible for coordinating the effective implementation of Supportive Measures. Supportive Measures will remain confidential except when it is not possible to maintain confidentiality in order to provide the Supportive Measures.

David Hickcox
Title IX Coordinator and Discrimination, Harassment, & Retaliation Prevention Administrator
Siemens Hall 212, 1 Harpst Street, Arcata, CA 95521
david.hickcox@humboldt.edu
Office: (707) 826-5177
Online reporting form: https://cm.maxient.com/reportingform.php?HumboldtStateUniv&layout_id=10

Regardless of whether a victim/survivor decides to maintain confidentiality, these individuals listed below will still assist victims/survivors in receiving other necessary protection and support, such as victim advocacy, medical, mental health services, and/or legal services. However, these individuals may have limited ability to assist a victim/survivor with university academic support or accommodations, or changes to university-based living or working schedules, as such accommodations likely require the involvement of other University officials.

The following is a list of on-campus and off-campus resources that offer a variety of services in the areas of victim advocacy, counseling, health, mental health, legal assistance, visa and immigration assistance, student financial aid and other areas. The Campus Advocate Team or the Title IX & DHR Prevention Office can help provide information about and referral to any of these resources if requested.

Confidential Resources On-Campus

Campus Advocate Team (CAT)

Staffed by North Coast Rape Crisis Team (NCRCT). They provide survivor-centered support to students, staff & faculty of all gender identities. Services include:

• Individual Counseling
• Advocacy and accompaniment during the university reporting or investigative process
• Advocacy and accompaniment to law enforcement, court, medical, etc. appointments
• Assistance implementing supportive measures such as dorm room changes, academic accommodations, priority access to student health center
• Phone: 707-445-2881
• Website: https://titleix.humboldt.edu/hsu-cat

Counseling And Psychological Services (CAPS)

Counseling and mental health services are provided to regularly enrolled students.

• Ongoing counseling by appointment only.
• On-call crisis counseling available during normal operating hours.
• TimelyCare: telehealth counseling available when CAPS is closed
• Phone: 707-826-3236
• Email: hsucaps@humboldt.edu 
• Website: https://counseling.humboldt.edu/

Student Health & Wellbeing Services (SHWS)

Medical care is available to all regularly enrolled students. Most visits are free; however, some medical services and supplies may require a small fee.

• For appointments: 707-826-3236
• For general information: 707-826-3146
• During summer, email: health@humboldt.edu 
• Website: https://wellbeing.humboldt.edu/

Employee Assistance Program (EAP)

LifeMatters, the employee assistance program (EAP) through Empathia, is available to Cal Poly Humboldt employees and their dependents and/or permanent household members. Licensed counselors are available 24/7/365. Eight sessions provided at no cost. To access the Empathia password, please login to your MyHumboldt portal. The password is located in the “View Paycheck and Benefits” section.

Office of the Ombuds

Cal Poly Humboldt’s Ombuds offer free services to all students, faculty, and staff.  They provide:

• Safe place to discuss problems or issues within the University
• Assistance identifying options for addressing specific concerns and resolving conflict
• Advocate for fairness and equity, while remaining neutral 
• Confidentiality in some circumstances (e.g., Ombuds are required to report Title IX violations)
• Website: https://president.humboldt.edu/ombuds

Non-Confidential Resources On-Campus

David Hickcox, Title IX Coordinator and Discrimination, Harassment, and Retaliation Prevention Administrator

Cal Poly Humboldt's Title IX Coordinator & Discrimination, Harassment, and Retaliation (DHR) Prevention Administrator implements the Title IX and CSU Nondiscrimination policies; oversees and coordinates prompt and equitable grievance procedures for students, staff, and faculty. The Title IX & DHR Prevention Office, Deputy Coordinators, Investigators, and Campus Partners stand ready to assist any member of the campus community who has experienced discrimination or sexual misconduct.

• Phone: 707-826-5177
• Email: david.hickcox@humboldt.edu
• Website: https://titleix.humboldt.edu/

Office of Student Rights & Responsibilities

The Office of Student Rights & Responsibilities (OSRR) is responsible for the investigation and adjudication of violations of the Student Code of Conduct. Anyone can Report a student of Concern. Reports can be made anonymously.

• Phone: 707-826-3504
• Email: osrr@humboldt.edu
• Website: https://studentrights.humboldt.edu/

Financial Aid Office

To receive financial aid you must be admitted to, enrolled in, and attending classes in an eligible program at Cal Poly Humboldt. Financial Aid funds are typically limited and are generally targeted to those with the greatest measured financial need and eligibility. They are located on the second floor of the Student Business Services (SBS) building. Appointments are available from 10:00 to 3:00 Mon-Fri based on availability.

• Phone: 707-826-4321 
• Email: finaid@humboldt.edu
• Website: https://finaid.humboldt.edu/

International Programs

International Programs at the College of Extended Education & Global Engagement (CEEGE) is dedicated to serving current and prospective international students as well as students interested in studying abroad. International recruitment, admissions, immigration and study abroad are all housed in International Programs at CEEGE.

• Phone: 707-826-4142
• Email: international@humboldt.edu
• Website: https://extended.humboldt.edu/international-programs

Undocumented Student Services

• For information about The California Dream Act: https://dreamers.humboldt.edu/ 
• For information about the Deferred Action for Childhood Arrivals (DACA): https://basicneeds.humboldt.edu/resources/undocumented-daca-students
• For information about Legislation affecting undocumented students: https://acac.humboldt.edu/undaca/legislation
• Phone: 707-826-3368
• Email: scholarswithoutborders@humboldt.edu
• Website: https://scholarswithoutborders.humboldt.edu/

Eric Rofes Multicultural Queer Resource Center (ERC)

The ERC’s mission is to shift public opinion of the queer community on campus and in the local area from tolerance to acceptance. The ERC creates a hub for students to learn about events and organizations on campus.

• Phone: 707-826-3795
• Email: erc@humboldt.edu
• Website: https://erc.humboldt.edu/

Student Legal Lounge

The student-run Legal Lounge can assist Cal Poly Humboldt students and community members in finding an attorney or understanding the full scope of legal rights. They do not assist in criminal cases but can provide referrals.

• Website: https://studentlegallounge.humboldt.edu/

Women’s Resource Center (WRC)

Facilitates programs and workshops in order to educate the Humboldt community as well as provide fun outlets, all of which are safe spaces for all individuals. Provides free menstrual supplies, safer sex supplies, and art supplies. Maintains the Rosa Parks Library with an extensive selection of books, DVDs, CDs and other resources to check out.

• Email: hsuwomen@humboldt.edu
• Website: https://hsuwomen.humboldt.edu/

CHECK IT

Check It is a student led movement at Humboldt that is about creating a more consent-centered culture. We work to empower our campus community to intervene in potential moments of harm (acts of sexual assault, dating violence, and stalking) and make clear that violence is not acceptable in our community.

• Email: checkit@humboldt.edu
• Website: https://checkit.humboldt.edu/

Local Law Enforcement Resources

Cal Poly Humboldt University Police Department (UPD)

Part of the mission of the Cal Poly Humboldt Police Department to deliver quality service to our community in an effective, responsive, and professional manner.

• Online Crime Reporting & Tip Line: https://police.humboldt.edu/online-crime-report
• Campus Escort Program: https://police.humboldt.edu/safety-escort-program
• Location: Bottom floor of Student Business Services Building
• Emergency: 9-1-1
• Non-emergency: 707-826-5555
• Website: https://police.humboldt.edu/

Arcata Police Department

The Arcata Police Department is responsible for the protection of life and property, the maintenance of order, the control and prevention of crime, and the enforcement of motor vehicle laws and regulations.

• Location: 736 F Street, Arcata, CA
• Emergency 9-1-1
• Non-emergency: 707-822-2428
• Website: https://www.cityofarcata.org/206/Police

Eureka Police Department

The Eureka Police Department is committed to delivering professional policing to the community they serve.  EPD strives to work in a manner which maintains, and continues to build public trust, while solving problems and maintaining peace and safety in Eureka.

• Emergency 9-1-1
• Non-emergency: 707-441-4060
• Website: https://www.eurekaca.gov/176/About-EPD

Humboldt County Sheriff’s Office

The Humboldt County Sheriff’s Office serves over 136,000 residents with four patrol stations and one correctional facility. The office has approximately 349 employees, ensuring quality services to the residents of Humboldt County.

• Location: 826 4th St. Eureka, CA
• Emergency: 9-1-1
• Non-emergency: 707-445-7251
• Email: hso@co.humboldt.ca.us
• Website: https://humboldtgov.org/2545/Sheriffs-Office

Community & National Resources

North Coast Rape Crisis Team (NCRCT)

Survivor-centered advocates who provide free and confidential tailored support and services to Cal Poly Humboldt students, staff and faculty of all gender identities, including those who identify as Transgender, Gender Non-Conforming, and Non-Binary, who have been affected by sexual assault, dating/domestic violence, stalking, and/or sexual harassment. They are available 24/7.

• Phone: 707-445-2881
• Website: https://ncrct.org/

Humboldt Domestic Violence Services (HDVS)

Humboldt Domestic Violence Services (HDVS) is an independent, non-profit agency dedicated to promoting the rights and welfare of those who have survived or are enduring domestic and intimate partner violence or sex trafficking throughout Humboldt County. They are available 24/7.

• Phone: 707-443-6042 
• Website: https://hdvs.org/

Humboldt Basic Needs

Campus and community resources to help Cal Poly Humboldt students meet their basic needs such as food, housing, mental health and child-care resources.

• Website: https://basicneeds.humboldt.edu/

Legal Services of Northern California

The mission of Legal Services of Northern California is to provide quality legal services to empower the poor to identify and defeat the causes and effects of poverty within our community, efficiently utilizing all available resources.

• Location: 123 Third Street, Eureka
• Phone: 707-445-0866
• Website: https://lsnc.net/

Two Feathers Native American Family Services

Two Feathers' mission is to empower Native American youth and their families to achieve their full potential by offering culturally affirming mental health and wellness programs in Humboldt County.

• Phone: 707-839-1933
• Website: https://twofeathers-nafs.org/

Sovereign Bodies Institute

Provides support services to Indigenous Survivors of Violence and MMIP (Missing and Murdered Indigenous Women & People)

• Email: mmiwdatabase@sovereign-bodies.org
• Website: https://www.sovereign-bodies.org/

National Domestic Violence Hotline

Provides expert support for anyone experiencing unhealthy or abusive behavior or seeking information on aspects of their relationship.

• Phone: 800-799-7233

988 Suicide and Crisis Lifeline

The 988 Suicide & Crisis Lifeline is a United States-based suicide prevention network of over 200+ crisis centers that provides 24/7 service via a toll-free hotline with the number 9-8-8. It is available to anyone in suicidal crisis or emotional distress.

Stalking Prevention, Awareness, & Resource Center (SPARC)

National Organization that compiles information to educate about stalking and provides resources for victims of stalking.

• What to do if you are being stalked: https://www.stalkingawareness.org/what-to-do-if-you-are-being-stalked/
• Website: https://www.stalkingawareness.org/

One Love

One Love empowers young people with the tools and resources they need to see the signs of healthy and unhealthy relationships and bring life-saving prevention education to their communities.

• Phone: 866-331-9474
• Text LOVEIS to 22522
• Website: https://www.joinonelove.org/

1in6

The mission of 1in6 is to help men who have had unwanted or abusive sexual experiences live healthier, happier lives. Their mission also includes serving family members, friends, partners, and service providers by providing information and support resources on the web and in the community. 

• Phone: 1-800-656-4673
• Website: https://1in6.org/about-1in6/

The Trevor Project

The Trevor Project’s mission is to end suicide among LGBTQ young people.

• 24-hour crisis line: 1-866-488-7386
• Website: https://www.thetrevorproject.org/

RAINN (Rape, Abuse, and Incest National Network)

National network supporting victims/survivors of sexual assault and abuse. 24/7 free and confidential hotline and chat services.

• Phone: 1-800-656-4673
• Website: https://www.rainn.org/

U.S. Department of Education, Office for Civil Rights

• San Francisco Office: 50 United Nations Plaza, San Francisco, CA 94102
• Phone: 415-486-5555
• Fax: 415-486-5570
• Email: OCR.SanFrancisco@ed.gov
• Website: https://www2.ed.gov/about/offices/list/ocr/index.html

U.S. Department of State – Office of Overseas Citizens Services

Assists victims/survivors who are overseas with local and/or US-based resources for victims of crime, including local legal representation.

• For emergency services: https://travel.state.gov/content/ passports/en/emergencies.html
• From the US or Canada: 1-888-407-4747
• From overseas: +1-202-501-4444

Reporting Options

Reporting to University Administration 

Complaints of discrimination, harassment, sexual misconduct and sexual assault, dating and domestic violence, sexual exploitation, and stalking may be addressed through the University administrative process[5]. A complainant or reporting party can report an incident to the University by contacting the Title IX Coordinator on their campus. A complainant has the right to have a support person present with them while making a complaint.

The University will protect the privacy of everyone involved in a report to the greatest degree possible under applicable law and University policy. Personally identifiable information about the involved parties will be shared only on a need-to-know basis, e.g., to those who are investigating/adjudicating the report or those involved in providing support services. By only sharing personally identifiable information with individuals on a need-to-know basis, the University will maintain as confidential any supportive measures and remedies provided to the parties, to the extent that maintaining such confidentiality would not impair the ability of the University to provide supportive measures and remedies. 

The CSU does not publish the name of victims/survivors or other identifiable information regarding victims/survivors in the Daily Crime Log or in the crime statistics that are disclosed in the Annual Security and Fire Safety Report. Furthermore, if a Timely Warning is issued on the basis of a report of sexual assault, dating violence, domestic violence, sexual exploitation, or stalking, the name of and other personally identifiable information about the victim/survivor will be withheld.

Individuals have a right to submit a formal complaint through the applicable complaint resolution process. A formal complaint may also be submitted by the campus Title IX Coordinator. The parties (meaning the Complainant and Respondent) in a matter will receive written Notice of Allegations/Investigation in accordance with the applicable procedure, and to receive a copy of the CSU’s Nondiscrimination Policy and an explanation and description of the applicable complaint resolution process.

The importance of preserving evidence

Victims/survivors are encouraged to preserve all physical evidence, including but not limited to: clothing worn during the assault, bed sheets, and/or photos of any injuries. This evidence may be helpful in proving that a crime occurred, in the event the victim/survivor chooses to report now or in the future. It may also be helpful in obtaining a court-ordered protective or restraining order. If a victim/survivor does not have any evidence preserved, they still have an option to report the crime and request a medical evidentiary examination. 

Victims/survivors of sexual misconduct, sexual assault, sexual exploitation, stalking, dating violence and domestic violence are also encouraged to preserve evidence by saving text messages, instant messages, social networking pages, other communications, pictures, logs or other copies of documents that may be useful to University investigators or police should the victim/survivor decide to report now or in the future.

Reporting to law enforcement and making a criminal report

If your physical safety is at imminent risk, we encourage you to seek immediate assistance from the police.

Some forms of misconduct prohibited under the Nondiscrimination Policy may also be prohibited by law. You have a right to be informed of law enforcement options and information regarding the availability of a criminal or civil prosecution for victims of crime. 

It is a victim’s/survivor’s choice to report a crime. You have the right to report or decline to report an incident to law enforcement. You have the right to not be forced, coerced, or pressured into reporting to law enforcement.

A victim/survivor may report an incident to law enforcement at any time. In the event of an emergency where immediate assistance is required, a victim/survivor should dial 9-1-1 to be connected with the nearest police department. If there is no emergency, victims/survivors can file a police report at any time in the jurisdiction where the assault occurred. A confidential victim advocate can assist the victim/survivor in filing the report if requested. 

Victims/survivors of crimes such as sexual assault, sexual exploitation, stalking, dating violence, domestic violence, abuse, threats of abuse and/or serious harassment all have a right to petition the court in the appropriate jurisdiction for a protective order (also referred to as a restraining order). 

Your Campus Advocate, University Police Department and Title IX Coordinator are all able to provide you with more information about pursuing criminal prosecution, civil prosecution and/or protective orders.

A victim/survivor of specific offenses [enumerated in California Government Code section 7923.615(b)(1)] has the right to request to be listed as a confidential victim in a law enforcement agency’s report. Being listed as a confidential victim in a law enforcement agency’s report prevents the law enforcement agency from disclosing the confidential victim’s name and address as a matter of public record. However, the confidential victim’s information can be released to the prosecutor, parole officers of the Department of Corrections and Rehabilitation, hearing officers of the parole authority, probation officers of county probation departments, or other persons or public agencies where authorized or required by law. Please see California Penal Code section 293 for more information.

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[6]. 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[7].

For certain sex offenses[8] the victim has the right to affirmatively request from University Police, after being informed of their options, that the victim's identity remain confidential[9]. 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.

Protective Orders

Civil reporting options & protective orders

A victim/survivor may choose to file a civil lawsuit against the alleged offender, whether or not criminal charges have been filed. A civil lawsuit provides an opportunity to recover actual money damages, which may include compensation for medical expenses, lost wages, pain, suffering and emotional distress. An Advocate can assist a victim/survivor with identifying the necessary steps and processes for filing a lawsuit if requested. 

Court-Ordered Restraining Orders 

A victim/survivor may choose to obtain a restraining order (such as a domestic violence restraining order or a civil harassment restraining order). Restraining orders must be obtained from a court in the jurisdiction where the incident occurred. Restraining orders can help protect a victim/survivor who has experienced or is reasonably in fear of physical violence, sexual violence, domestic violence, dating violence and stalking. 

Emergency Protective Order (EPO) 

An Emergency Protective Order (EPO) is a type of restraining order that only law enforcement can ask for by calling a judge. Typically, this is done by an officer responding to the scene of a domestic violence incident. Judges are available to issue EPOs 24 hours a day. The EPO takes effect immediately and can last up to seven calendar days. The judge can order the alleged abuser to leave the domicile and stay away from the victim and their children for up to a week. This provides the victim with time to go to court to request a temporary restraining order. 

Temporary Domestic Violence Restraining Order (TRO)

A TRO is a type of protective order. In order to obtain one, the victim/survivor must fill out paperwork explaining the facts and why a protective order is needed. If a judge agrees that protection is needed, the judge will issue a temporary restraining order. Temporary restraining orders usually last until the court hearing date, typically 20 to 25 days after the petition is filed. 

Criminal Protective Order (CPO) 

When there is a claim that a domestic violence incident occurred, a criminal charge (or charges) may be filed by a prosecutor (such as the City Attorney or District Attorney) against the person who allegedly committed the criminal act. The prosecutor commonly asks a judge to issue a Criminal Protective Order while the criminal case proceeds. A CPO typically requires the defendant (the person who allegedly committed the criminal act) to stay away from and not to hurt, threaten, or communicate with the victim/accuser. If the defendant is convicted of or pleads guilty to the criminal charge(s), the CPO may last for up to ten years after the case is over. 

Civil Harassment Restraining Order 

This type of court order is available to individuals who have been harassed by any of the following: a neighbor, roommate (as long as no dating/romantic relationship existed or exists), friend, family member more than two degrees removed (e.g., an aunt/uncle, niece/nephew, cousin, or more distant relative), stranger, or another person not closely related to the victim of the harassment. 

An individual who has been civilly harassed by a current or former spouse/partner, or someone with whom a dating/romantic relationship existed, or a close relative (parent, child, brother, sister, grandmother, grandfather, in-law) may qualify for a domestic violence restraining order but would not qualify for a civil harassment restraining order. 

The CSU, Restraining Orders and Protective Orders

The CSU complies with California law in recognizing restraining orders and protective orders. If you obtain a restraining order a copy should be provided to UPD. In order to comply with the restraining order, the Title IX Coordinator/DHR Administrator, Campus Advocate Team, and/or UPD may assist with setting up escorts, establishing special parking arrangements, changing classroom or employment locations, or additional measures as needed. The Campus Advocate Team can offer assistance with obtaining a restraining order.

Disciplinary Procedures

Disciplinary procedures for sexual misconduct/sexual assault, sexual exploitation, dating and domestic violence, and stalking will provide a prompt, fair, and impartial process and resolution, outlined in the following excerpts from the CSU Nondiscrimination Policy. As required by law, the excerpts in this Annual Security Report capture the steps, decisionmakers, and anticipated timelines for both formal and informal resolution processes, as applicable.  For details beyond the steps, decisionmakers, and anticipated timelines, please see the policy. 

The campus Title IX Coordinator is the designated administrator to receive reports of Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation. Here is their contact information:

David Hickcox
Title IX Coordinator and Discrimination, Harassment, & Retaliation Prevention Administrator
Siemens Hall 212
1 Harpst Street
Arcata, CA 95521
david.hickcox@humboldt.edu
Office: (707) 826-5177
Online Report form: https://cm.maxient.com/reportingform.php?HumboldtStateUniv&layout_id=10

Individuals wishing to file a formal complaint can do so at this link: https://drive.google.com/file/d/1VKXLDMK0PaLrNz8VR0DwmSyNOdef-BsO/view. The online report form linked above can be used to form the basis of a formal complaint, however a report is not required in order to submit a formal complaint.

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

Any person may report an alleged violation of the Nondiscrimination Policy.

Reports may be made at any time, and individuals are encouraged to report an alleged violation of the Nondiscrimination Policy regardless of how much time has passed. The University's ability to interview witnesses and otherwise investigate or act, however, may be limited by various factors, including the passage of time, fading witness memories, and/or preservation of evidence. In all cases, the Title IX Coordinator/DHR Administrator is available to discuss Supportive Measures with the Complainant at any time, regardless of how much time has passed since the incident described in the report.

The University's primary concern is the safety of the campus community. Any person who reports an alleged violation of the Nondiscrimination Policy should discuss any concerns about safety with the Title IX Coordinator/DHR Administrator

The Nondiscrimination Policy prohibits Retaliation. If a Student or Employee is reluctant to report because they fear Retaliation, they should discuss their concerns with the Title IX Coordinator/DHR Administrator as soon as possible.

Any Student who participates as a Complainant or witness in a Complaint process (including investigation or hearing) relating to Sex-based Harassment that falls under these Procedures will not be disciplined for related violations of the Standards for Student Conduct at or near the time of the incident, unless the University determines that the violation was egregious. The University may, however, take other appropriate action including having an educational discussion with the Student. Egregious conduct includes, but is not limited to, action that places the health or safety of any other person at risk or involves plagiarism, cheating, or academic dishonesty.

Simultaneous Written Notification

Communication with the Parties regarding a Complaint, an investigation, or hearing will be sent to their designated CSU campus email address, unless the Party has specifically requested in writing to the Title IX Coordinator/DHR Administrator, Investigator, or Hearing Coordinator that communication be sent to a different email address. Communication with Parties who are neither Students nor Employees will be sent to an email address that they provide. Any communications relating to the outcome of an investigation or hearing, including any changes to the outcome or when the outcome becomes final, will be provided in writing to the Complainant and the Respondent at the same time.

Outreach to Complainant

After receiving a report, the Title IX Coordinator/DHR Administrator will assess the report and provide outreach to the possible Complainant named in the report. This outreach will include the following:

1. A statement that the University has received a report of conduct that may be prohibited by the Nondiscrimination Policy (e.g. Discrimination, Harassment, Sex-based Harassment, Sexual Misconduct, Sexual Harassment, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, Prohibited Consensual Relationship, or Retaliation.)
2. A description of the role of the Title IX Coordinator/DHR Administrator.
3. A request for the Complainant to meet with the Title IX Coordinator/DHR Administrator, or other designated employee, to discuss the Complainant's options and next steps.
4. A statement that the Complainant can be accompanied by an Advisor of their choice during any meeting relating to the report and any subsequent Complaint process.
5. Information regarding counseling, resources, and potential Supportive Measures.
6. An explanation of how the University responds to reports of Nondiscrimination Policy violations and a description of potential disciplinary consequences.
7. A summary of the investigation procedures.
8. A statement regarding the importance of preserving evidence.
9. A statement that the Complainant may, but is not required to, report to law enforcement any allegations that could constitute criminal behavior.
10. A statement that retaliation for making a Complaint or participating in a Complaint process is prohibited by the Nondiscrimination Policy.

In addition to the information provided in the outreach communication, the Title IX Coordinator/DHR Administrator will provide Complainants alleging Sexual Misconduct, Sexual Exploitation Dating Violence, Domestic Violence or Stalking, with the information in Attachment D - Rights and Options for Victims of Sexual Misconduct/Sexual Assault, Sexual Exploitation, Dating and Domestic Violence, And Stalking.

Initial Assessment & Intake Meeting

The Title IX Coordinator/DHR Administrator will offer to conduct an intake meeting with any Complainant who responds to outreach communication, or otherwise makes a report of a potential Nondiscrimination Policy violation to discuss the Complainant's options, explain the available processes (including informal resolution and the formal complaint resolution process), and provide information about Supportive Measures. The Title IX Coordinator/DHR Administrator will consider the need for a follow-up meeting with the Complainant, as appropriate. Any subsequent investigation will include an interview with the Complainant conducted by the assigned investigator. The investigatory interview will be intended to build upon and clarify the information provided during intake.

All persons involved in implementing these procedures (e.g., the campus Title IX Coordinator and any Deputy Title IX Coordinator(s), Investigators, Human Resource Directors and Hearing Officers presiding over hearings) shall have relevant annual training on issues related to Sex Discrimination, Sexual Harassment, Sexual Misconduct, Sexual Exploitation, Dating and Domestic Violence, and Stalking. Such annual training shall include the CSU complaint processes, as well as the handling, investigation, and analysis of complaints of Sex Discrimination, Sexual Harassment, Sexual Misconduct, Sexual Exploitation, Dating and Domestic Violence, and Stalking. The annual training shall also address applicable confidentiality issues, especially with respect to the Title IX Coordinator's duty to weigh any victim's request for confidentiality against the duty to provide a safe and nondiscriminatory environment for all members of the campus community. For matters involving Sexual Misconduct, Sexual Exploitation, Dating and Domestic Violence, and Stalking, the training shall also include how to conduct an investigation and hearing process that protects the safety of the person(s) involved and promotes accountability.

The Complainant and Respondent may choose to be accompanied by one Advisor of their choice, who may be, but is not required to be, an attorney or a union representative, during meetings or any stage of the Complaint process.

The University will not limit the choice or presence of the Advisor for the Complainant or Respondent in any meeting or proceeding. However, the unavailability of a specific Advisor will not unduly interfere with prompt scheduling.

A Party's 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.

The Parties also have the right to consult with an attorney, at their own expense, or a union representative at any stage of the process if they wish to do so.

Confidentiality Requests and Requests Not to Investigate

Confidentiality Requests

The University will maintain confidentiality of reports, Complaints, and associated processes whenever possible. When necessary, to protect the campus community and to facilitate investigations and/or Supportive Measures, certain information may be shared on a "need-to-know" basis. Therefore, the University cannot guarantee confidentiality.

Requests not to Investigate

When a Complainant requests that no investigation occur, the Title IX Coordinator/DHR Administrator will balance the request against the University's duty to provide a safe and non-discriminatory environment for all members of the campus community. In cases where the Complainant does not want to pursue an investigation, the Title IX Coordinator/DHR Administrator should inform the Complainant that the ability to take corrective action may be limited.

The Title IX Coordinator/DHR Administrator will consider, at a minimum:

1. The Complainant's request not to proceed with initiation of a Complaint;
2. The Complainant's reasonable safety concerns regarding initiation of a Complaint;
3. The risk that additional acts of Discrimination, Harassment, or Retaliation would occur if a Complaint is not initiated;
4. The severity of the alleged Discrimination, Harassment, or Retaliation including whether the conduct, if established, would require the removal of a Respondent from campus or imposition of another Disciplinary Sanction to end the Discrimination, Harassment, or Retaliation and prevent its recurrence;
5. Whether the Respondent poses an imminent threat to the campus community, which may include violence, threats of violence, use of a weapon, physical restraints, or unwanted physical contact.
6. The age and relationship of the Parties, including power imbalance and whether the Respondent is an Employee of the University;
7. The scope of the alleged conduct, including information suggesting a pattern (such as multiple or prior reports of misconduct against the Respondent), ongoing conduct, or conduct alleged to have impacted multiple individuals;
8. Whether the University is able to conduct a thorough investigation and obtain relevant evidence without the Complainant's cooperation;
9. The availability of evidence to assist a decisionmaker (Investigator or Hearing Officer) in determining whether Discrimination, Harassment, or Retaliation occurred;
10. Whether the University could end the alleged Discrimination, Harassment, or Retaliation and prevent its recurrence without initiating the formal complaint resolution process; and
11. For Employee Complainants, the University will also consider its obligation to maintain a safe work environment in determining whether an investigation is necessary.
    1. The Title IX Coordinator/DHR Administrator will document the basis for the decision to initiate or to not initiate the investigation based on this assessment criteria.

Decision to Proceed with Complaint

Based on the assessment criteria above, the Title IX Coordinator/DHR Administrator has discretion to initiate an investigation without the Complainant's participation.

Decision to Proceed with Complaint

When the Title IX Coordinator/DHR Administrator decides to proceed with an investigation without a Complainant's participation, the Title IX Coordinator/DHR Administrator will make the Complaint on behalf of the University. The Title IX Coordinator/DHR Administrator will remain neutral in applying the Nondiscrimination Policy and these Procedures. In these cases, the Title IX Coordinator/DHR Administrator will provide the impacted party with the same notices, updates, and opportunities to participate as the Respondent throughout the investigation and, where applicable, hearing process, unless the impacted party confirms in writing that they do not want to receive these communications and do not wish to participate in the process. The impacted party may rescind this notice at any time in writing to the Title IX Coordinator/DHR Administrator.

When the Title IX Coordinator/DHR Administrator initiates an investigation without the Complainant's participation, the Complainant will be informed in advance of the Title IX Coordinator/DHR Administrator disclosing the Complainant's identity and details of the Complaint or report to the Respondent, or initiating an investigation. The Title IX Coordinator/DHR Administrator will work with campus partners to take steps to arrange reasonable safety measures for the Complainant if appropriate. At the Complainant's request, the Title IX Coordinator/DHR Administrator will inform the Respondent that the Complainant asked the University not to investigate or seek discipline.

A Student Complainant will not be required to participate in an investigation if they do not wish to do so.

Decision not to proceed with investigation

If a request for confidentiality or no investigation is granted, the Title IX Coordinator/DHR Administrator will nevertheless take reasonable steps to limit the effects of the alleged Discrimination, Harassment, or Retaliation, and prevent its recurrence without initiating formal action against the Respondent or revealing the identity of the Complainant. Examples include increased temporary monitoring, supervision, or security at locations or activities where the alleged misconduct occurred; providing additional training and education materials for students and employees; or conducting climate surveys. Reasonable steps will be taken to provide for the safety of a Complainant while keeping the Complainant's identity confidential as appropriate and if possible. These steps may include changing living arrangements or course schedules, assignments, or tests. The Complainant will be notified that the steps the campus will take may be limited by the request for confidentiality.

Supportive Measures

The University will offer and coordinate Supportive Measures as appropriate for the Complainant and/or Respondent to restore or preserve that person's access to the University's education programs, activities, employment, or to provide support during the University's formal complaint resolution process or during the informal resolution process. Supportive Measures may include, but are not limited to: counseling; extensions of deadlines and other course-related adjustments; changes to employee reporting line; campus escort services; increased security and monitoring of certain areas of the campus; restrictions on contact applied to one or more Parties; leaves of absence; changes in class, work, housing, or extracurricular or any other activity, regardless of whether there is or is not a comparable alternative; and training and education programs related to Discrimination, Harassment, and Retaliation.

The Title IX Coordinator/DHR Administrator will describe and offer Supportive Measures to Complainants during the initial assessment (even if no Complaint is made or the Complaint is ultimately not investigated), and to Respondents during an initial meeting.

The Title IX Coordinator/DHR Administrator is responsible for coordinating the effective implementation of Supportive Measures if requested and reasonably available.

Review of Supportive Measures (Applies only to Reports or Complaints of Sex-based Harassment)

A Complainant or Respondent may request modification or reversal of a decision to provide, deny, modify, or terminate Supportive Measures applicable to them.

This request will be reviewed by an appropriate and impartial Employee:

1. If the original decision about Supportive Measures was made by a person with authority delegated by the Title IX Coordinator/DHR Administrator, the review will be conducted by the Title IX Coordinator/DHR Administrator.
2. If the original decision about Supportive Measures was made by the Title IX Coordinator/DHR Administrator, the review will be conducted by a Systemwide Director for Civil Rights.

No-Contact Directives

No-contact directives may be issued as a Supportive Measure, Remedy, or in connection with an Informal Resolution Agreement, with or without an investigation. When reasonably requested by a Complainant or otherwise needed to protect health and safety or to preserve the integrity of the investigation, the University will issue an interim no-contact directive, which may be unilateral (prohibiting the Respondent from contacting the Complainant) or mutual (prohibiting the Parties from contacting each other) while the investigation is pending. 

No-contact directives that are not part of an Informal Resolution Agreement must meet the following requirements:

1. No-contact directives that limit an individual's movement on a University campus may only be issued where the conduct alleged is egregious or where an objective threat of physical harm exists.
2. A mutual no-contact directive (applicable to both Parties) may only be issued prior to an investigation outcome. Mutual no-contact directives will not be issued automatically. The Title IX Coordinator/DHR Administrator must consider, based on the circumstances of each case, whether a mutual no-contact directive is necessary or justifiable to protect the Respondent's safety or well-being, or to address concerns about interference with an investigation.
3. If there is a finding that the Nondiscrimination Policy has been violated and a mutual no-contact directive is already in effect, unless there are extenuating circumstances, the no-contact directive will promptly be converted to a unilateral no-contact directive (applicable only to the Respondent).
4. Any no-contact directive (whether mutual or unilateral) will be delivered to both Parties in writing and will be accompanied by a written explanation of the terms of the directive and the consequences for violating the no-contact directive. A no-contact directive is intended to be temporary and should be periodically assessed to confirm the continued need for, and appropriateness of, its specific terms (conditions), including whether it should be mutual (applicable to both Parties), or unilateral (only applicable to the Respondent).
5. Violations of no-contact directives will be addressed by the campus Student Conduct Administrator in the same manner as any violation of the Student Conduct Code if the Respondent is a Student, or by Human Resources or Faculty Affairs, if the Respondent is an Employee. If the alleged violation of the no-contact directive is itself a violation of the Nondiscrimination Policy, the matter will be referred to the Title IX Coordinator/DHR Administrator.

In considering the reasonableness and terms of a requested no-contact directive, the Title IX Coordinator/DHR Administrator may consider various factors, including the need expressed by the Complainant or Respondent; the ages of the Parties involved; the nature of the allegations and their continued effects on the Complainant or Respondent; whether the Parties continue to interact directly in the University's education program or activity, including through student employment, shared residence or dining facilities, class, or campus transportation; and whether steps have already been taken to mitigate the harm from the Parties' interactions, such as implementation of a civil protective order.

Criminal Complaints and Concurrent Investigations

Complainants will be informed during the intake meeting of their right to make a criminal complaint with University police or other appropriate law enforcement agencies. The Title IX Coordinator/DHR Administrator will offer to assist the Complainant and will assure them that filing a criminal complaint will not unreasonably delay the University's investigation. The University will typically not wait until the conclusion of a criminal investigation to begin its own investigation. Although it may be necessary to temporarily delay the investigation while law enforcement is gathering evidence, once notified that law enforcement has completed the fact gathering portion of their investigation, the University will promptly resume and complete its own investigation. Individuals who first report to University police will be encouraged to also make a Complaint with the Title IX Coordinator/DHR Administrator.

Interim Suspension

An interim suspension may be considered for a Student Respondent, where there is reasonable cause to believe that interim suspension of that Student is necessary to protect the personal safety of persons within the Campus community or Campus property, and to ensure the maintenance of order during an investigation. Such interim suspensions will be implemented in accordance with the procedures under the Student Conduct Process and will only remain in effect during the Complaint process until determined to be no longer necessary. In determining whether an interim suspension is necessary, the Title IX Coordinator/DHR Administrator will coordinate with the Student Conduct Administrator to ensure appropriate on-going assessment and implementation occurs.

Emergency Removal – Applies only to Reports or Complaints of Sex-based Harassment

The University may remove a Respondent from its education programs or activities, including Student employment, on an emergency basis in the absence of a Complaint, before an investigation concludes or where no investigation or hearing is pending. Prior to the removal, an individualized safety and risk analysis will be conducted. The removal is referred to as an "Emergency Removal," and has the effect of an Interim Suspension, as set forth in the Student Conduct Process, including that during the period of the Emergency Removal, the Student may not, without prior written permission from the University president or designee, enter any campus of the CSU. As with Interim Suspensions in the Student Conduct Process, the president or vice president designee, in consultation with the Title IX Coordinator/DHR Administrator, will determine whether there is an imminent and serious threat to the health or safety of a Complainant or any Students, Employees, or other persons arising from the allegations of Sex-based Harassment that justifies removal.       

Where a determination is made that justifies Emergency Removal, the Respondent will be provided with notice and given an opportunity to challenge the decision immediately following the removal, in accordance with the procedures in the Student Conduct Process. This includes the right to a hearing within 10 Working Days of a request by the Respondent for such a hearing to determine if there is an imminent and serious threat to the health or safety of a Complainant or any Students, Employees, or other persons arising from the allegations of Sex-based Harassment that justifies removal. The hearing will be conducted under the Student Conduct Process and not these Procedures as they relate to hearings.

Administrative Leave

A campus may place a non-student Employee on Administrative Leave (sometimes referred to as Temporary Suspension) in accordance with applicable Collective Bargaining Agreements or CSU policies while the Complaint process is pending.

Transcript Notations

If a Respondent withdraws, transfers, or disenrolls from the University pending an investigation or disciplinary proceeding concerning a violation of the Nondiscrimination Policy, transcript notations may be appropriate and will be addressed under the Student Conduct Process. As appropriate to the situation, the University may place an administrative hold on registration transactions, release of records, and transcripts of a Student who has been sent written notice of a pending investigation or disciplinary matter concerning that Student, and may withhold awarding a degree otherwise earned until the completion of the investigation or disciplinary process, including the completion of all sanctions imposed.

Complaints

When the Title IX Coordinator/DHR Administrator receives a Complaint, they will determine whether to open an investigation after making a preliminary inquiry into the allegations. An investigation may not be warranted where the reported information does not allege facts with enough specificity or include conduct that would, even if true, constitute a violation of the Nondiscrimination Policy. These determinations will be documented in writing by the Title IX Coordinator/DHR Administrator and maintained in accordance with systemwide records retention policies.

When more than one Complainant or more than one Respondent is involved, references in these Procedures to a Party, Complainant, or Respondent include the plural, as applicable.

Complaints Accepted for Investigation

Within 10 Working Days of the date of an intake meeting or receipt of a request for investigation from the Complainant (whichever is later), or making a determination that an investigation is necessary without a request from or participation by the Complainant, the Title IX Coordinator/DHR Administrator will send a Notice of Investigation to the Complainant and Respondent.

Complaint Not Accepted for Investigation

If the Title IX Coordinator/DHR Administrator determines that the Complaint does not allege a violation of the Nondiscrimination Policy, the Title IX Coordinator/DHR Administrator will, within 10 Working Days of the date of the intake or receipt of a written request for investigation (whichever is later), notify the Complainant in writing that the Complaint will not be investigated without further information. The Title IX Coordinator/DHR Administrator may refer the Complaint to another campus office if appropriate and will notify the Complainant of any referral. The Title IX Coordinator/DHR Administrator will retain a record of the Complaint, the written determination and any referrals made to another campus office.

Discretionary Dismissal

 At any time after a Complaint has been accepted for investigation, it is within the discretion of the Title IX Coordinator/DHR Administrator to dismiss a Complaint, or any part of a Complaint, if:

1. The Complainant notifies the Title IX Coordinator/DHR Administrator in writing that they would like to withdraw the Complaint or any part of it, or
2. If the specific circumstances prevent the University from reasonably gathering evidence necessary to reach a determination as to the Complaint or part of the Complaint.

Dismissal of a Complaint - Applies only to Complaints of Sex-based Harassment

The Title IX Coordinator/DHR Administrator may dismiss a Complaint of Sex-based Harassment if:

1. The University is unable to identify the Respondent after taking reasonable steps to do so;
2. The Respondent is not participating in the University's education program or activity and is not employed by the University;
3. The Complainant voluntarily withdraws any or all of the allegations in the Complaint, the Title IX Coordinator/DHR Administrator declines to initiate a Complaint, and the University determines that, without the Complainant's withdrawn allegations, the conduct that remains alleged in the Complaint, if any, would not constitute Sex-based Harassment even if proven; or
4. The University determines the conduct alleged in the Complaint, even if proven, would not constitute Sex-based Harassment. Before dismissing the Complaint, the University will make reasonable efforts to clarify the allegations with the Complainant. Complaints that are dismissed on this basis may be referred to another process or another campus office for review under other potentially applicable policies or codes of conduct (such as the grade appeal process, student code of conduct, employee grievance procedures, ADA process, to be addressed as unprofessional conduct, etc.).

When a complaint is dismissed, the University will promptly notify the Complainant of the basis for the dismissal in writing. If the dismissal occurs after the Respondent has been notified of the allegations, then the University will also notify the Respondent of the dismissal in writing and the basis for it. When a Complaint is dismissed, the University will, at a minimum:

1. Offer Supportive Measures to the Complainant as appropriate;
2. If the Respondent has been notified of the allegations, offer Supportive Measures to the Respondent as appropriate; and
3. Take other prompt and effective steps, as appropriate, through the Title IX Coordinator/DHR Administrator to ensure that Sex-based Harassment does not continue or recur within the University's education program or activity.

The University will notify the Complainant that a dismissal may be appealed and will provide the Complainant with an opportunity to appeal the dismissal of a Complaint. If the dismissal occurs after the Respondent has been notified of the allegations, then the University will also notify the Respondent that the dismissal may be appealed. Dismissals may be appealed on the following bases:

1. Procedural irregularity occurred that would have likely changed the outcome of the decision to dismiss;
2. New evidence that was not reasonably available at the time of the dismissal and would have likely changed the outcome of the decision to dismiss; or
3. The Title IX Coordinator, investigator, or decision-maker had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that would change the outcome.

Appeals will be submitted to the Civil Rights Appeals Unit at the Chancellor's Office and will be addressed to:

Civil Rights Appeals Unit
Office of the Chancellor
401 Golden Shore
Long Beach, California 90802
Mail to: CO-Appeals@calstate.edu

1. If a Party is unable to submit an appeal or a response to an appeal electronically, they should contact the campus Title IX Coordinator/DHR Administrator for assistance.
2. When an appeal is submitted, the Civil Rights Appeals Unit will notify the other Party and the campus Title IX Coordinator/DHR Administrator in writing. The non-appealing Party may submit a written statement in support of or challenging the dismissal no later than 5 Working Days after the notice of appeal. Within 10 Working Days of the Civil Rights Appeals Unit's receipt of the appeal, the Civil Rights Appeals Unit will notify the Parties (via email and at the same time) of its decision.
3. The Civil Rights Appeals Unit will not consider evidence that was not introduced to the campus during the Complaint review process unless the new evidence was not reasonably available at the time of the Complaint review.
4. The Civil Rights Appeals Unit has discretion to extend the timelines for the dismissal appeal process for good cause or for any reasons deemed to be legitimate by the Civil Rights Appeals Unit. This includes the time for filing an appeal and the time for the Civil Rights Appeals Unit to respond to the appeal. The Civil Rights Appeals Unit will notify the Parties and the Title IX Coordinator/DHR Administrator of any extensions of time granted pertaining to any portion of the appeal process.
5. The Civil Rights Appeals Unit appeal response is final and concludes the discretionary dismissal process under these Procedures.

Consolidation 

The University may consolidate Complaints of Discrimination, Harassment, or Retaliation 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 of Discrimination, Harassment, or Retaliation arise out of the same or substantially similar facts or circumstances. The Title IX Coordinator/DHR Administrator will determine whether a Complaint should be consolidated (subject to FERPA and other applicable privacy laws). In addition, during the course of the investigation, the investigation may reveal the existence of additional or different violations of the Nondiscrimination Policy, which may also be consolidated following notification to the Parties. Depending on the timing and circumstances, the Title IX Coordinator/DHR Administrator retains discretion to resolve Complaints using the same investigator or following the resolution of the initial Complaint, such as through appropriate Disciplinary Sanctions.

Student Grade Appeals

Grade appeals that allege a violation of the Nondiscrimination Policy proceed under the campus procedures per CSU Grading, Repetition of Courses, Academic Renewal, and Appeals Policy (or any superseding policy) and under these Procedures as follows:

1. The Student will promptly request a grade appeal and note that the grade appeal procedure should be paused until such time as the campus investigation and any appeal process under these Procedures have concluded.
2. The determination whether a violation occurred under the Nondiscrimination Policy will be provided to the campus grade appeal committee, and the committee will be bound by the determination when the grade appeal process resumes.

Alternative Resolution Process

Informal Resolution

The Parties may voluntarily choose to participate in an informal resolution process to resolve an alleged violation of the Nondiscrimination Policy. The filing of a formal Complaint is not required to initiate the informal resolution process.

General Principles

The Title IX Coordinator / DHR Administrator has discretion to determine whether it is appropriate to offer an informal resolution process and may decline to allow informal resolution despite the request of one or more of the Parties. Circumstances when the Title IX Coordinator/DHR Administrator may decline to allow informal resolution include but are not limited to:

1. When they determine that the alleged conduct would present a future risk of harm to others.
2. When the Complaint involves allegations made by a Student against an Employee. Informal resolution in these cases is generally discouraged and may be permitted with the approval of the Systemwide Director for Civil Rights assigned to the University following a request by the Title IX Coordinator/DHR Administrator. In addition, any informal resolution agreement between a Student and an Employee will be reviewed by the assigned Systemwide Director for Civil Rights prior to being finalized.

The Title IX Coordinator/DHR Administrator will conduct or oversee the informal resolution process and conduct an initial and on-going assessment as to whether the process should continue. Prior to approving an informal resolution, the Title IX Coordinator/DHR Administrator will consult with the appropriate administrator responsible for discipline.

The Title IX Coordinator/DHR Administrator will make the final determination on all informal resolution processes regarding whether the terms agreed to by the Parties are appropriate considering all of the circumstances of the Complaint.

When the informal resolution process is offered, and to the extent necessary, the Title IX Coordinator/DHR Administrator will also take other appropriate prompt and effective steps to ensure that the alleged violations of the Nondiscrimination Policy do not continue or recur within the University's education programs, activities, or employment.

Neither Party will be required or pressured to participate in an informal resolution process. The Title IX Coordinator/DHR Administrator must obtain the Parties' voluntary written consent to participate in the informal resolution process and must not require waiver of the right to an investigation and determination of a Complaint as a condition of enrollment or continuing enrollment, employment or continuing employment, or exercise of any other right.

The person facilitating the informal resolution process must not be the same person as the Investigator or the Hearing Officer in the formal complaint resolution process. A Title IX Coordinator/DHR Administrator may facilitate the informal resolution process. When the Title IX Coordinator/DHR Administrator facilitates the informal resolution process, they cannot serve as the Investigator. In addition, any informal resolution agreements facilitated by the Title IX Coordinator/DHR Administrator must be signed by the assigned Systemwide Director for Civil Rights.

The person facilitating the informal resolution process must not be the same person as the Investigator or the Hearing Officer in the formal complaint resolution process. A Title IX Coordinator/DHR Administrator may facilitate the informal resolution process. When the Title IX Coordinator/DHR Administrator facilitates the informal resolution process, they cannot serve as the Investigator. In addition, any informal resolution agreements facilitated by the Title IX Coordinator/DHR Administrator must be signed by the assigned Systemwide Director for Civil Rights.

Any person facilitating an informal resolution process will receive appropriate training and must be free from a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent.

Notice of Informal Resolution Process

Before beginning the informal resolution process, the Title IX Coordinator/DHR Administrator will explain in writing to the Parties:

1. The allegations;
2. The requirements of the informal resolution process;
3. That any Party has the right to withdraw from the informal resolution process and begin or continue with the formal complaint resolution process at any time before agreeing to a resolution;
4. The Parties' right to consult with an Advisor;
5. Any resolution must be in writing and signed by both Parties and the Title IX Coordinator/DHR Administrator;
6. That if the Parties agree to a resolution at the end of the informal resolution process, they cannot begin or continue with the formal complaint process in relation to the same allegations;
7. The potential terms that may be requested or offered in an informal resolution agreement, including notice that an informal resolution agreement is binding only on the Parties; and
8. What information the University will maintain and whether and how the University could disclose such information for use in the formal complaint resolution process if such procedures begin or resume.

Potential Terms

Potential terms that may be included in an informal resolution agreement include, but are not limited to:

1. Apology, written or verbal;
2. Relocation or removal from a residence hall or other University provided housing, subject to availability;
3. Changes in academic arrangements, such as changing class sections or locations;
4. Changes in work schedules or locations;
5. Limitations on or agreements related to participation in and/or presence in/at events, extracurricular activities, student organizations, recreational facilities, athletics, etc.
6. Participation in and/or successful completion of alcohol or drug education or counseling;
7. Participation in counseling services for mental or behavioral health;
8. Participation in specific educational opportunity or training;
9. Voluntary educational, mentoring, coaching, or counseling sessions, which may or may not include stipulations, such as proof of successful completion or statement of active participation from the mentor / coach / counselor;
10. Verbal counseling or warnings;
11. Collaborative agreements on behavioral or institutional changes;
12. No-contact directives, or other restrictions on contact, communication, and/or interactions between the Parties;
13. Restrictions on Respondent's movement or access to specific locations at the University;
14. Alternative seating arrangements for graduation;
15. Complainant sharing of an impact statement with the Respondent;
16. Admission or acceptance of responsibility for causing harm and/or the alleged conduct;
17. Community service;
18. Voluntary participation in formal disciplinary action for Respondent;
19. Restrictions on the Respondent's participation in one or more University programs or activities or attendance at specific events, including restrictions the University could have imposed as Remedies or Disciplinary Sanctions had it determined at the conclusion of the formal complaint resolution process that a violation of the Nondiscrimination Policy occurred; or
20. Other mutually agreed upon outcomes or resolutions.
    • Any agreed-upon Remedies and Disciplinary Sanctions agreed to in an informal resolution have the same effect as Remedies given and Disciplinary Sanctions imposed following an investigation or hearing.

Timeframe

The informal resolution process may take place at any time before a determination of responsibility is made, but no later than 60 Working Days after both Parties provide voluntary, written consent to participate in the informal resolution process. The Parties and the Title IX Coordinator / DHR Administrator may agree to one or more extensions of the 60 Working Day deadline, which will be confirmed in writing. The timeline of the formal complaint resolution process will be paused during the pendency of any informal resolution process.

Written Agreement-Not Subject to Appeal

The terms of any informal resolution must be in writing and signed by the Parties and the Title IX Coordinator/DHR Administrator. Use of electronic signatures is permitted. A signed agreement to an Informal Resolution is final and is not appealable by either Party.

Restrictions on Mediation Between the Parties

Mediation between the Parties cannot be used, even on a voluntary basis, to resolve Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, or Stalking Complaints.

Acceptance of Responsibility

The Respondent may, at any time during the investigation or hearing process, prior to an Investigator or Hearing Officer issuing their determination, choose to accept responsibility for the alleged conduct prohibited under the Nondiscrimination Policy.

Before a Respondent accepts responsibility for the alleged misconduct, the Title IX Coordinator / DHR Administrator or designee will discuss with the Respondent that the matter will be referred to the University president or designee for a decision regarding an appropriate Disciplinary Sanction, and that the acceptance of responsibility could – but will not necessarily – be regarded as a mitigating factor that results in less severe sanctions.

Acceptance of responsibility will only be recognized if the Respondent accepts responsibility by signing a written document prepared by the Title IX Coordinator / DHR Administrator that describes the range of Disciplinary Sanctions that the president or designee will consider in reaching a decision about Disciplinary Sanctions.

If the Respondent has accepted responsibility in writing, the Title IX/DHR office will issue a brief written summary of the allegations and a statement that the Respondent has accepted responsibility. The written summary will be sent to both the Complainant and the Respondent.

Within 5 Working Days of receiving the written summary from the Title IX/DHR Office, each Party may submit to the Title IX Coordinator / DHR Administrator an impact statement or other statement regarding discipline that is no more than 2000 words in length. The document is an opportunity for each Party to suggest disciplinary outcomes and to provide information that they believe is important for the president or designee to consider when reaching a sanction decision. The Student Conduct Administrator and/or Title IX Coordinator / DHR Administrator will also submit a written statement regarding aggravating and mitigating factors (that is, factors that would warrant a more severe or less severe sanction), including whether the Respondent was previously found to have violated the Standards for Student Conduct or the Nondiscrimination Policy. These written statements will be provided to the president or designee who will decide an appropriate sanction.

The Parties may appeal the sanction only on the grounds that the sanction(s) imposed was objectively unreasonable, or arbitrary based on the conduct for which the Respondent accepted responsibility. The appeal process will otherwise be in accordance with the “Appeal Procedures” below.

Where there is an acceptance of responsibility regarding some but not all of the alleged conduct, the investigation and hearing process will continue to conclusion, unless otherwise resolved through Informal Resolution.

Investigations-The Formal Complaint Resolution Process

Purpose of the Investigation and Resolution Process

The investigation and resolution of Complaints under these Procedures is not intended to be an adversarial process between the Complainant, the Respondent, and witnesses. Rather, it is a process and opportunity for the University to educate students, provide an environment free from Discrimination, Harassment, and Retaliation, and comply with its obligations under law. The University will provide for adequate, reliable, and impartial investigation of Complaints. The University will treat Complainants and Respondents equitably.

Cooperation in the Investigation Process

All Employees, and Students who are not Parties to the Complaint, are required to cooperate with the investigation and other processes set forth in these Procedures, including but not limited to, attending meetings and interviews, and being forthright and honest during the process.

Written Notice

The University will provide a Party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all meetings or proceedings with sufficient time for the Party to prepare to participate.

Prohibition on Retaliation

The University strictly prohibits Parties or witnesses from engaging in Retaliation against anyone for reporting or filing a Complaint, assisting or participating in an investigation or hearing, interfering with a Party's or witness's rights or privileges under the Nondiscrimination Policy, or for assisting someone else in reporting or opposing conduct prohibited by the Nondiscrimination Policy. Any acts of Retaliation are subject to disciplinary action.

Privacy     

The University will take reasonable steps to protect the privacy of the Parties and witnesses, including ensuring compliance with the Family Educational Rights and Privacy Act (FERPA) and other applicable privacy laws. During the formal complaint resolution process, beginning with the Notice of Investigation and concluding when the deadline for an appeal has passed or the Civil Rights Appeals Unit has issued its final response, the Parties and witnesses are prohibited from using or disclosing the information or records obtained through the formal complaint resolution process. This prohibition shall not restrict the ability of the Parties to obtain and present evidence, including by speaking to witnesses, consulting with family members, confidential resources, or Advisors, or otherwise preparing for or participating in the formal complaint resolution process. These restrictions also do not apply to information learned through other means, such as personal experience, or to disclosures made during another administrative proceeding or through litigation. For especially sensitive materials, including but not limited to recordings and medical records, the University will provide such records for viewing or inspection only -- and not for copying or possessing. The Parties and their Advisors may be asked to sign written acknowledgements agreeing to these restrictions on disclosure and re-disclosure. Whether or not such acknowledgements are signed, violations of these prohibitions, including disregarding any restrictions on the use of records (such as re-disclosing records to unauthorized individuals or copying records that are provided for viewing only), may subject a Student or Employee to discipline.

Standard and Burden of Proof

The standard of proof for hearings and investigations under these Procedures is the Preponderance of the Evidence.  Preponderance of the Evidence is a standard of proof that determines whether alleged conduct more likely than not occurred based on the evidence presented or facts available at the time of the decision. The responsibility is not on the Parties – but on the University — to conduct an investigation that gathers sufficient evidence to determine whether Discrimination, Harassment, or Retaliation occurred. The Complainant does not have the burden to prove, nor does the Respondent have the burden to disprove, the underlying allegation or allegations of misconduct. The University presumes that the Respondent is not responsible for the alleged conduct until a determination is made at the conclusion of the formal complaint resolution process.

Role of the Title IX Coordinator / DHR Administrator in the Investigation Process

The Title IX Coordinator/DHR Administrator will either investigate the Complaint or assign this task to an Investigator. If assigned to an Investigator, the Title IX Coordinator/DHR Administrator will supervise and oversee the investigation, including reviewing all draft investigation reports before they are final to ensure that the investigation complies with these Procedures. If the Title IX Coordinator/DHR Administrator investigates the Complaint, a Systemwide Director or other appropriately trained administrator will review all draft investigation reports in the place of the Title IX Coordinator/DHR Administrator.

Neutrality of Process

The University requires that any Title IX Coordinator/DHR Administrator, investigator, or decisionmaker not have a conflict of interest or bias for or against Complainants or Respondents generally or an individual Complainant or Respondent. A decisionmaker may be the same person as the Title IX Coordinator/DHR Administrator or investigator. The Title IX Coordinator/DHR Administrator will take affirmative steps to ensure that anyone involved in conducting investigations, finding facts, and making disciplinary decisions in a matter will be impartial, neutral, and free from actual conflicts of interest. A conflict of interest exists if a person has a personal relationship with one of the Parties or witnesses, has a reporting employment relationship with a Party, or has demonstrated actual bias towards a Party or witness or towards Complainants or Respondents in general. Mere belief or opinion does not constitute evidence of bias or conflict of interest.

Investigation Where a Respondent Does Not Participate

The Respondent will not be found to have violated the Nondiscrimination Policy solely because the Respondent did not participate in the investigation or hearing process. Nor will the Respondent be found not to have violated the Nondiscrimination Policy solely because a Complainant or other witness did not participate in the investigation or hearing process.

Timeframe, Extensions, and Status Updates

The University has established the following timeframes for the major stages of the formal complaint resolution process:

The University has also established the following process that allows for the reasonable extension of timeframes in these Procedures on a case-by-case basis for good cause. A Party, Investigator, and/or Hearing Officer may request a reasonable extension of the timeframes in these Procedures at any time from the Title IX Coordinator/DHR Administrator. The Title IX Coordinator/DHR Administrator may also initiate a reasonable extension of the timeframes in these Procedures at any time. For an extension to be granted, the following process must be followed:

1. Good cause for the extension must exist. Good cause may include:
   1. To ensure the integrity and thoroughness of the investigation;
   2. The reasonable absence of a Party, Party's advisor, or witness;
   3. To comply with a request by law enforcement, including a concurrent law enforcement investigation;2
   4. Based on the need to provide language assistance, disability accommodations, or other modifications to allow the full participation of a Party or witness;
   5. Academic breaks or exam periods;
   6. A particularly complex investigation or hearing process, such as one involving multiple Complainants, multiple Respondents, a large number of witnesses, voluminous evidence, or length of the written record;
   7. The severity and extent of the alleged misconduct; or
   8. Other extenuating or unforeseen circumstances that are not within the control of the University, Party, witnesses, Investigator, or Hearing Officer.
2. The Title IX Coordinator/DHR Administrator is the final decision-maker with respect to all extensions
3. The Parties receive written notice from the Title IX Coordinator/DHR Administrator or designee that an extension is necessary and an explanation for the delay. The notice will indicate if the extension alters the timeframes for the major stages of the Complaint process and provide a new estimated timeline.

Requests for Extensions

While requests for delays by the Parties and witnesses may be considered, the University cannot unduly or unreasonably delay the prompt resolution of a Complaint under the Nondiscrimination Policy.

1. Students – As required by California law, the Title IX Coordinator/DHR Administrator will not unreasonably deny a Student Party's request for an extension during periods of examinations or academic breaks.
2. Employees – The fact that an Employee is off contract or between semesters, without more, does not excuse an Employee from their expected participation in the Complaint resolution process.

Status Updates

In addition to the communications at each major stage of the process, the University will provide a status update to the Complainant and Respondent every 30-days, beginning from the date that the Notice of Investigation is issued until the Notice of Investigation Outcome or Final Decision is issued to the Parties, unless a Party requests in writing not to receive these updates:

1. For cases of Sex-based Harassment, the Title IX Coordinator/DHR Administrator shall notify the Complainant of any Disciplinary Sanctions imposed against a Respondent.
2. The Civil Rights Appeals Unit will provide status updates to the Parties and Title IX Coordinator/DHR Administrator as required by the timelines in these Procedures.
3. In addition, either Party may, at any time, request from the Title IX Coordinator/DHR Administrator a status updates regarding investigation, hearing, and appeal timeframes.

Reasonable Accommodations

 Any person with a Disability who seeks reasonable accommodations to participate in the Complaint submission or investigation process will be referred to the appropriate campus administrator (for Students, the services for students with disabilities administrator, and for Employees the appropriate human resources administrator) who may consult with the Title IX Coordinator/DHR Administrator to determine the reasonableness of a requested accommodation.

Notices of Investigation

The University will prepare Notices of Investigation for the Parties upon initiation of the formal complaint resolution process. The Notices of Investigation must be issued to the Parties in writing, at the same time, and with sufficient time and information for the Parties to prepare a response before any initial interview. A Notice of Investigation must include the following information:

1. An overview summary of the Complaint allegations (e.g., "who," "what," "when," and "where"), including the identities of the Parties, the conduct alleged to constitute Discrimination, Harassment, or Retaliation, and the date(s) and location(s) of the alleged incident(s);
2. A copy of, or internet link to, these Procedures and the Nondiscrimination Policy, as well as a summary of the alleged Nondiscrimination Policy violations;
3. A summary of the Nondiscrimination Policy formal complaint resolution process, including the right to appeal and the informal resolution process;
4. That Retaliation is prohibited;
5. The Respondent is presumed not responsible for the alleged conduct until a determination is made at the conclusion of the formal complaint resolution process. Prior to such a determination, the Parties will have an opportunity to provide Relevant evidence to a trained, impartial decisionmaker (Investigator or Hearing Officer);
6. The estimated timeline for completion of the investigation;
7. Information regarding counseling and other Supportive Measures;
8. The Parties may have one Advisor of their choice who may be, but is not required to be, an attorney or union representative;
9. The Parties will have an equal opportunity to access the Relevant and not otherwise impermissible evidence used in the investigation;
10. A statement that the Complainant and Respondent will have equal opportunities to identify Relevant witnesses and evidence in connection with the investigation and at any hearing, including the ability to:
    1. Submit documentary information to the Investigator;
    2. Submit a list of potential witnesses to the Investigator; or
    3. Request that the Investigator attempt to collect additional relevant evidence;
11. A statement that any evidence available, but not disclosed during the investigation might not be considered in any findings made, including at any hearing, and likely will not be considered for purposes of appeal;
12. A statement that the Standards for Student Conduct prohibits furnishing false information to a University official, faculty member, or campus office;
13. A statement that the Complainant and Respondent will be provided with periodic status updates in accordance with the timelines established in these Procedures; and
14. A statement regarding the possible range of Disciplinary Sanctions. If new but related allegations are raised during the investigation that are materially different from those described in the Notice of Investigation, the Title IX Coordinator / DHR Administrator will issue a revised Notice of Investigation to the Parties, along with a corresponding revised timeline for completion, if appropriate.

Respondent Initial Meeting

In the Notice of Investigation, the Title IX Coordinator/DHR Administrator will offer to have an initial meeting with the Respondent. This meeting is not intended to be investigatory in nature. At this meeting, the Title IX Coordinator / DHR Administrator will explain the allegations against the Respondent, as well as the investigation process and the Respondent's rights during the process. The Title IX Coordinator/DHR Administrator will also explain that during the investigation process the Respondent and the Complainant will have the opportunity to present evidence, identify witnesses, and review evidence.

Gathering Evidence

During the investigation, the Investigator will take reasonable steps to gather all Relevant evidence from the Parties, witnesses, or other sources, including interviews with the Complainant, the Respondent, and Relevant witnesses. The University will provide an equal opportunity for the Parties to present fact witnesses and other inculpatory (meaning that it shows or tends to show a person's involvement in the alleged conduct) and exculpatory (meaning that it shows or tends to show that a person was not involved in the alleged conduct) evidence that is Relevant. The Investigator will interview the Parties and Relevant witnesses and review documents and physical evidence. As appropriate to the investigation, the Investigator may conduct follow-up interviews or request responses to questions in writing.

Opportunity to Submit Evidence and Identify Witnesses

The Complainant and Respondent will be asked to identify witnesses and provide other Relevant information, such as documents, communications, and other available evidence. The Parties are encouraged to provide all Relevant information as soon as possible to facilitate a prompt resolution to the Complaint. The Investigator may receive any information presented by the Parties, but the Investigator, not the Parties, is responsible for gathering Relevant evidence. If a Party or witness declines to voluntarily provide material information or delays in doing so, the University's ability to conduct a prompt, thorough, and equitable investigation may be impacted. The University will not restrict the ability of either Party to discuss the allegations under investigation or to gather and present Relevant evidence. Parties and witnesses must not engage in actions that could be considered Retaliation, including confronting, threatening, intimidating, attempting to influence, or otherwise taking inappropriate actions against any Party, witness, or anyone else participating in the investigation or hearing process. The Investigator will document the steps taken to gather evidence, even when those efforts are not successful.

Bases for Declining a Request to Gather Evidence

The Investigator will gather evidence and ask questions proposed by the Parties, except as follows:

1. The Investigator determines that the questions are repetitive, irrelevant, or harassing.
2. The request seeks information that can be reasonably and adequately obtained by the requesting Party from other independent or publicly available sources.
3. The burden of obtaining the information is likely to substantially outweigh the benefit that the evidence bears on a disputed issue.
4. The requested information can be reasonably obtained through other means less likely to intrude on a person's privacy.

Investigations Involving Allegations of Sex Discrimination

The University will review all evidence gathered through the investigation and determine what Relevant evidence may be considered. Questions are Relevant when they seek evidence that may aid in showing whether or not the alleged conduct occurred, and evidence is Relevant when it may aid a decisionmaker in determining whether or not the alleged conduct occurred.

1. Impermissible evidence is evidence that is not allowed to be accessed, considered, or otherwise used by the University, except to determine if one of the exceptions listed below applies. The following types of evidence, and questions seeking that evidence, are impermissible, regardless of whether they are Relevant:
   1. Evidence protected by a privilege recognized by state or federal law (unless waived by the Party or witness holding the privilege);
   2. A Party's or witness's private medical records maintained by a physician, psychologist, or other recognized professional or paraprofessional (unless the Party or witness voluntarily consents to its use in writing); or
   3. Evidence that relates to the Complainant's or Respondent's sexual interests or prior or subsequent sexual conduct (unless offered to prove someone other than the Respondent committed the alleged conduct or offered to prove how the Parties communicated consent in prior or subsequent consensual, sexual relations).
      1. Where the Investigator allows consideration of evidence about a dating relationship or prior or subsequent consensual sexual relations between the Complainant and the Respondent, the fact that the Complainant and Respondent engaged in other consensual sexual relations with one another is never sufficient, by itself, to establish that the conduct in question was consensual.
      2. Prior consensual, sexual conduct between the Complainant and the Respondent does not prevent the University from finding that the conduct alleged in the Complaint constitutes Sex-based Harassment or otherwise violates the Nondiscrimination Policy.
2. Before allowing the consideration of any evidence of sexual history of the Complainant or the Respondent under this section, the Investigator will provide a written explanation to the Parties as to why consideration of the evidence is permissible under this section.

Expert Witnesses

In rare cases, an Investigator may need to consult medical, forensic, technological, or other experts when expertise on a topic is needed to achieve a fuller understanding of the issues under investigation. In such cases, the Investigator must consult with the Title IX Coordinator/DHR Administrator prior to engaging an expert witnesses.

Preliminary Investigation Report 

The University will provide each Party and the Party's Advisor, if any, with an equal opportunity to access the evidence that is relevant to the allegations of Discrimination, Harassment, or Retaliation and not otherwise impermissible evidence.

Before finalizing the investigation, the Investigator will share with the Complainant and Respondent a preliminary investigation report, along with all Relevant evidence gathered. The preliminary investigation report will list any evidence offered by the Parties or any other witnesses that the Investigator concluded are not Relevant. This evidence will be available for review upon request. The preliminary investigation report will:

1. Describe the allegations.
2. Describe the investigative process to date.
3. Set forth the relevant policy language and the Preponderance of Evidence Standard.
4. Describe the evidence presented and considered.
5. Identify the material facts – disputed and undisputed – with explanations as to why any material fact is disputed.

Access to Preliminary Investigation Report

The Investigator, in consultation with the Title IX Coordinator/DHR Administrator, will use discretion in determining how to provide the Parties with secure access to the preliminary investigation report. The University will take reasonable steps to prevent and address the Parties' and their Advisors' unauthorized disclosure of information and evidence obtained solely through the formal complaint resolution process.

Review of Evidence

Each Party will be given a reasonable opportunity to respond to the preliminary investigation report and any attached evidence and ask questions. The opportunity to review and respond to the preliminary investigation report is known as the "review of evidence" process. The Parties will have 10 Working Days to review the evidence. Each Party may:

1. Respond to the evidence in writing.
2. Request that the Investigator gather additional evidence or ask specific questions to the other Party and other witnesses.
3. Identify additional witnesses.

Conclusion of Review of Evidence

The Investigator will share with the Parties the answers to questions posed during the review of evidence and additional Relevant evidence gathered. This will be shared with all Parties, who may then respond to any new evidence and ask questions. The Investigator determines when it is appropriate to conclude the review of evidence process.

Final Investigation Report

Final Investigation Report (Hearing Required)

In matters where a hearing is not required, a final investigation report will be provided to the Parties along with a Notice of Investigation Outcome.

1. The final investigation report will include:
   1. A summary of the allegations,
   2. The investigation process,
   3. The Preponderance of the Evidence standard,
   4. A detailed description of the evidence considered,
   5. Analysis of the evidence including relevant credibility evaluations,
   6. Appropriate findings, and
   7. Relevant exhibits and documents attached to the written report.
2. The Notice of Investigation Outcome will attach the final investigation report and include the following:
   1. A summary of the allegations and the investigative process.
   2. That the Preponderance of the Evidence standard was employed.
   3. A summary of the findings of fact.
   4. A determination as to whether the Nondiscrimination Policy was violated, and if so, any Remedies to be afforded to the Complainant.
   5. Notice of Parties' right to appeal under these procedures.
3. The notice will usually be delivered to the Parties electronically. If the notice includes a determination that there was a violation of the Nondiscrimination Policy, the Title IX Coordinator/DHR Administrator will notify the appropriate University administrator responsible for discipline of the investigation outcome and provide a copy of the final investigation report. This notice will include the appeal rights available to the Respondent prior to the initiation of any Disciplinary Sanctions.

Final Investigation Report (Hearing Not Required)

The final investigation report will include all of the information included in the preliminary investigation report as well as additional Relevant evidence received during the review of evidence. Any relevant evidence provided by the Parties or witnesses, or otherwise gathered by the Investigator, will be attached to the final investigation report, or made available for review by the Parties. Evidence offered by the Parties or any other witnesses that the Investigator concluded is not Relevant will be noted but not included in the final investigation report and should be available at the time of the hearing such that it can be provided to the Hearing Officer if requested.

Hearings

As part of the formal complaint resolution process for Sex-based Harassment cases, the CSU will provide a live hearing that enables the decisionmaker – “the Hearing Officer” – to question the Parties and witnesses to assess a Party’s or witness’s credibility to the extent credibility is both in dispute and relevant to evaluating one or more allegations.

A hearing will be provided when: 

1. Both Parties are Students, or either the Complainant or Respondent is a Student; AND
2. The Complaint includes allegations of Sex-based Harassment. The Complainant and Respondent will be treated equitably throughout the pre-hearing and hearing processes.

Privacy

The University will take reasonable steps to protect the privacy of the Parties and witnesses during the hearing process, provided that the steps do not restrict the ability of the Parties to obtain and present evidence, including by speaking to witnesses (subject to the University’s prohibition on Retaliation), consulting with their family members, confidential resources, or Advisors, or otherwise preparing for or participating in the process.

Pre-Hearing Schedule and Response Deadlines

Role of the Hearing Coordinator

The Hearing Coordinator (either the student conduct administrator, Title IX Coordinator, or other appropriate administrator) is the person responsible for coordinating the hearing process. The Hearing Coordinator will act as liaison between the Parties and the Hearing Officer on procedural matters and therefore may not be the Investigator assigned to the matter. The Hearing Coordinator may appropriately delegate administrative tasks but should have overall supervision of the hearing coordination process.

Notice of Hearing-20 Working Days Prior to Hearing

The Parties will be sent a written notice of the hearing at least 20 Working Days before the hearing. The notice will include the date, time, location, and purpose of the hearing as well as the name of the Hearing Officer. The notice is considered received on the date it is sent.

Submission of Proposed Witness List

No later than 15 Working Days before the hearing, each Party will provide to the Hearing Coordinator a proposed witness list that includes the names of, and current contact information for, that Party's proposed witnesses as well as an explanation of the relevance of each proposed witness' testimony. 

Information Regarding Advisors and Support Persons

A Party may be accompanied at the hearing by one Advisor (for consultation) and one Support Person (for emotional support) of their choice. No later than 15 Working Days before the hearing, the Parties will provide to the Hearing Coordinator the name of, and contact information for, the Party's Advisor and Support Person (if any).

Objections to the Hearing Officer

A Hearing Officer will not have a conflict of interest or bias for or against complainants or respondents generally or an individual Complainant or Respondent. Objections to the assigned Hearing Officer will be made in writing to the Hearing Coordinator no later than 15 Working Days before the hearing. 

1. The objection may only be based on an actual conflict of interest. An actual conflict of interest exists if the Hearing Officer has a personal relationship with one of the Parties or witnesses or has demonstrated actual bias towards a Party or witness, or complainants or respondents generally. 
2. The fact that the Hearing Officer has previously served as a hearing officer in a University proceeding is not a conflict of interest. Mere belief or opinion does not constitute evidence of actual bias or conflict of interest. 
3. The Hearing Coordinator will determine if there is a conflict of interest. In that event, the Parties will be notified in writing of the name of the new Hearing Officer. The date for the hearing may need to be rescheduled. Any objection to the new Hearing Officer will be made following the same process described above.

Location of Hearing-15 Working Days Prior to Hearing 

Generally, the University will conduct hearings with the Parties physically present in separate locations using videoconferencing technology that allows the Hearing Officer and the Parties to simultaneously see and hear the Party or witness while that person is speaking. Any objections from a Party about being out of the physical presence of the Hearing Officer will be made in writing no later than 15 Working Days before the hearing.

Space and Technology Needs

Any Party who anticipates that they will not have a private space from which to participate in the hearing and/or technology access, including a reliable internet connection, should notify the Hearing Coordinator no later than 15 Working Days before the hearing so that the Hearing Coordinator can assist with appropriate arrangements for a private on-campus space and technology access.

Disability Accommodations

Any Party who requires a disability accommodation to facilitate their full participation in the hearing should notify the Hearing Coordinator no later than 15 Working Days before the hearing. The Hearing Coordinator will refer such requests to the appropriate campus administrator (for Students, the services for students with disabilities administrator, and for Employees the appropriate human resources administrator), who may consult with the Hearing Coordinator to determine the reasonableness of a requested accommodation.   

Notification to Witnesses and Facilitation of Witness Participation

No later than 10 Working Days before the hearing, the Hearing Coordinator will share the witness list with the Parties and notify each witness of the date, time, and location of or how to access the hearing. a. The campus will direct Employee and Student witnesses to attend the hearing where the witnesses are timely identified to the Hearing Coordinator.  b. The University will accommodate Student and Employee witnesses, including arranging for them to be excused from class attendance or work duties where necessary. Witnesses will be instructed to promptly direct any questions or concerns about their attendance at the hearing to the Hearing Coordinator. c. Any Employees, including those in bargaining units, who fail to comply with the directive may be subject to discipline under the applicable provisions of their collective bargaining agreement or other University policy.  d. Students who fail to comply may be subject to discipline depending on the circumstances.

Submission of Proposed Questions

No later than 5 Working Days prior to the hearing, the Parties will submit a list of proposed questions to the Hearing Coordinator, who will share these with the Hearing Officer. Proposed questions will not be shared with the other Party or witnesses in advance of the hearing.

Questions/Concerns About the Witness List

No later than 5 Working Days before the hearing, the Parties will submit to the Hearing Coordinator any objections to, or questions about, the witness list.

Pending Requests

No later than 1 Working Day before the hearing, the Hearing Officer will resolve all pending requests regarding participation at the hearing. The Hearing Coordinator will give prompt notice to the Parties (and witnesses) as appropriate.

Role of Hearing Officer in Pre-Hearing Matters

The Hearing Officer will make all determinations regarding pre-hearing matters, including which witnesses will participate and which questions, if submitted, are Relevant and will promptly notify the hearing coordinator who, in turn, will promptly notify the Parties.  The Hearing Officer may also identify and request witnesses from the final investigation report not previously listed by the Parties attend the hearing.

Audio Recording of Hearing

The University will make an official audio recording of the hearing. No other recording of the hearing is permitted. The recording is University property. The audio recording will be retained by the University in accordance with the records retention policy. Parties may request to review the recording.

Hearing Attendees and Participants

The following individuals are permitted to attend the hearing: 

1. The Parties
2. The Hearing Office
3. Witnesses while they are answering questions
4. The Title IX Coordinator/DHR Administrator
5. The Hearing Coordinator 6. The Student Conduct Administrator
6. One Advisor per Party
7. One Support Person per Party
8. An appropriate Chancellor’s Office administrator University police or security officer, or other individuals may be present as necessary for security, technological support, language assistance or other approved reasonable accommodation but will not participate in the hearing.

Role of Advisors and Support Persons

The Parties may each be accompanied at the hearing by one Advisor and one Support Person. An Advisor and Support Person may observe and consult with the Parties. However, during the hearing, the Advisor and Support Person will not make the opening statement or speak regarding the substance or the process of the hearing. Parties may make a request to the Hearing Officer for a break to speak with their Advisor or Support Person.

Party Failure to Appear

If a Party does not appear at the hearing without good cause, the hearing will proceed as scheduled. Whether good cause exists is determined by the Hearing Officer.

The Respondent will not be found to have violated the Nondiscrimination Policy solely because the Respondent or other witness failed to appear at the hearing. Nor will the Respondent be found not to have violated the Nondiscrimination Policy solely because a Complainant or other witness failed to appear at the hearing.

Participant Conduct

Abusive or otherwise disorderly behavior that causes a material disruption will not be tolerated. The Hearing Officer may excuse anyone from the hearing (including either Party or their Advisor or Support Person) whose behavior causes a material disruption. The Hearing Officer, at their discretion, may postpone the hearing when a participant has been excused. In making this decision, the Hearing Officer will consider the equity of postponement for both Parties.

New Evidence

Generally, the Parties may not introduce evidence, including witnesses and their statements, at the hearing that the Party did not identify during the investigation and that was available at the time of the investigation. The Hearing Officer has discretion to accept for good cause, or exclude, new evidence offered during the pre-hearing stage or at the hearing.

Opening Statements

Each Party will be given an opportunity to make an opening statement of no longer than 10 minutes. An opening statement is intended to give the Parties the opportunity to share their perspective regarding the facts and discuss the core disputes in the investigation. It should focus on the facts of the matter and not be argumentative. The Parties will not make closing statements.

Questioning

All questions will be asked by the Hearing Officer. The Hearing Officer may ask questions of the Complainant, Respondent, Investigator, any campus official (e.g., Title IX Coordinator / DHR Administrator or Student Conduct Administrator), and any witness. 

1. The process for proposing and asking Relevant and not otherwise impermissible questions and follow-up questions of Parties and witnesses, including questions challenging credibility, will:
   1. Allow the Hearing Officer to ask such questions, and
   2. Allow each Party to propose such questions that the Party wants asked of any Party or witness and have those questions asked by the Hearing Officer, subject to the procedures for evaluating and limiting questions described below.
2. Procedures for the Hearing Officer to evaluate the questions and limitations on questions:
   1. The Hearing Officer will determine whether a proposed question is Relevant and not otherwise impermissible before the question is posed and will explain any decision to exclude a question as not relevant or otherwise impermissible.
   2. Questions that are unclear or harassing of the Party or witness being questioned will not be permitted.
   3. The Hearing Officer will give a Party an opportunity to clarify or revise a question that the Hearing Officer determines is unclear or harassing. If the Party sufficiently clarifies or revises the question, the question will be asked.
   4. The Parties may also submit written follow-up questions to the Hearing Officer during the hearing, at appropriate times designated by the Hearing Officer.
   5. The Hearing Officer will ask the questions proposed by the Parties except for questions that:
      1. Seek information that is unreasonably duplicative of evidence in the Hearing Officer's possession;
      2. Are not relevant to material disputed issues, are repetitive, argumentative or harassing or unduly intrude on a witness' privacy;
      3. Relate to the Complainant’s or Respondent’s sexual interests or prior or subsequent sexual conduct, unless offered to prove someone other than the Respondent committed the alleged conduct;
      4. Relate to the existence of a dating relationship or prior or subsequent consensual sexual relations between the Complainant and the Respondent unless the evidence is relevant to how the Parties communicated consent in prior or subsequent consensual sexual relations.
         1. Note: If the Hearing Officer allows consideration of evidence about a dating relationship or prior or subsequent consensual sexual relations between the Complainant and the Respondent the mere fact that the Complainant and Respondent engaged in other consensual sexual relations with one another is never sufficient, by itself, to establish that the conduct in question was consensual.
         2. The Hearing Officer shall provide a written explanation to the Parties as to why consideration of the evidence is consistent with this section in the Hearing Officer’s Report.

Party or Witness Failure to Participate

The Hearing Officer may choose to place less or no weight upon statements by a Party or witness who refuses to respond to questions deemed Relevant and not impermissible. The Hearing Officer will not draw an inference about whether alleged conduct occurred based solely on a Party’s or witness’s refusal to respond to such questions.

Questions, Concerns, and Objections to Questions Posed

At the hearing, each Party will have an opportunity to ask questions, submit concerns, or note an objection to questions posed. All such questions, concerns, or objections will be submitted in writing to the Hearing Officer. The Hearing Officer is not required to respond to an objection, other than to include it in the record.

Hearing Officer Discretion to Rephrase or Decline Questions

The Hearing Officer has the authority and duty to decline or rephrase any question that the Hearing Officer deems to be repetitive, irrelevant, or harassing. Formal rules of evidence applied in courtroom proceedings (e.g., California Evidence Code) do not apply in the hearing. However, the Hearing Officer may take guidance from the formal rules of evidence.

The Hearing Officer's Report

The Hearing Officer will prepare a written report that includes findings of facts and conclusions about whether the Respondent violated the Nondiscrimination Policy.

1. The report will include:
   1. A description of the alleged conduct and potential Nondiscrimination Policy violations, which should correspond with those detailed in the Notice of Investigation and any amended notices.
   2. Information about the policy and procedures that the University used to evaluate the allegations.
   3. A summary of any procedural issues raised by the Parties before or during the hearing.
   4. The definition of the Preponderance of the Evidence standard and a statement that this was the standard applied by the Hearing Officer in reaching their determinations.
   5. Any material evidence identified by the Parties or witnesses that the Hearing Officer determined was not Relevant (or duplicative) and the reason why the evidence was not considered to be Relevant.
   6. A list of all questions submitted by the Parties at the hearing, and if any questions were not asked, why.
   7. The Hearing Officer’s evaluation of the Relevant and not otherwise impermissible evidence including an analysis of the credibility of the Parties and witnesses, when credibility assessments are required to resolve factual disputes. Credibility determinations will not be based on a person’s status as a Complainant, Respondent, or witness.
   8. A determination whether the alleged conduct occurred and if the conduct violated the Nondiscrimination Policy.
   9. When the Hearing Officer finds that a violation of the Nondiscrimination Policy occurred, any Disciplinary Sanctions the University will impose on the Respondent, whether Remedies other than the imposition of Disciplinary Sanctions will be provided by the University to the Complainant, and, to the extent appropriate, other students identified by the University to be experiencing the effects of the violation of the Nondiscrimination Policy.
   10. The procedures and permissible bases for the Complainant and Respondent to appeal.
2. The Title IX Coordinator will review the Hearing Officer's report to ensure compliance with the Nondiscrimination Policy.
3. The Hearing Coordinator will notify the Parties at the same time and in writing of the determination as to whether the alleged conduct and violation of the Nondiscrimination Policy occurred and will include a copy of the Hearing Officer’s report. This notification will be issued within 15 Working Days of the end of the hearing, unless an extension is granted by the Title IX Coordinator/DHR Administrator. The notification will also include information regarding the Parties’ appeal rights.  The Student Conduct Administrator or other appropriate administrator will also be notified of the Hearing Officer’s determination.

Hearing Outcome – No Violation Found

If no violation is found, the Hearing Coordinator will notify the Parties of the outcome and their appeal rights, as described above. The University president or designee will also be notified.

Hearing Outcome – Violation Found

If there is a determination that a violation of the Nondiscrimination Policy occurred, as appropriate, the Title IX Coordinator will:

1. Coordinate the provision and implementation of Remedies to a Complainant and other people the University identifies as having had equal access to its education programs or activities limited or denied by the Nondiscrimination Policy violation. 
2. Coordinate the imposition of any Disciplinary Sanctions on a Respondent, including notification to the Complainant of any such Disciplinary Sanctions; 
3. Take other appropriate prompt and effective steps to ensure that Sex-based Harassment does not continue or recur within the University’s education programs or activities; and 
4. Comply with the Nondiscrimination Policy procedures before the imposition of any Disciplinary Sanctions against a Respondent.

Statements from Parties, Title IX Coordinator, and Appropriate Administrator

If the Hearing Officer finds a violation of the Nondiscrimination Policy, the Parties may submit to the Hearing Coordinator an impact statement or other statement regarding discipline. The statement is an opportunity for the Parties to suggest disciplinary outcomes and to provide information that they believe is important for the Hearing Officer to consider. The statement may not be more than 2000 words in length and will be submitted to the Hearing Coordinator no later than 5 Working Days after the Hearing Officer's report is sent to the Parties. 

The appropriate administrator and/or the Title IX Coordinator/DHR Administrator will also submit to the Hearing Coordinator a written statement regarding aggravating and mitigating factors no later than 5 Working Days after the Hearing Officer's report is sent to the Parties. The Hearing Coordinator will provide these statements to the Hearing Officer. Any information in the impact statement relied upon by the Hearing Officer in making their Disciplinary Sanction recommendation will be shared with the other Party with the president (or designee’s) final decision and notification.

Recommendation as to Disciplinary Sanctions

Within 5 Working Days after receiving and considering the statements described above, the Hearing Officer will update their Hearing Officer's report to include the recommended Disciplinary Sanctions and submit it to the president (or designee).

Final Decision and Notification

Within 10 Working Days of receipt of the Hearing Officer's report, the president (or designee) will review the Investigation Report and the Hearing Officer's report and issue a decision concerning the appropriate Disciplinary Sanction.

1. Adoption of Sanctions – The president (or designee) may impose the recommended sanctions, adopt a different sanction or sanctions, or reject sanctions altogether. If the president adopts a sanction other than what is recommended by the Hearing Officer or rejects sanctions altogether, the president must set forth the reasons in the Decision Letter.
2. Remedies – The University may also provide Remedies, which may include counseling, extensions of deadlines or other course or work-related adjustments, modifications of work or class schedules, Campus escorts, restrictions on contact between the Parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the Campus, and other similar measures. The Title IX Coordinator/DHR Administrator is responsible for determining the reasonableness of the requested Remedy and coordinating the effective implementation of Remedies
3. Decision Letter – The Decision Letter will include:
   1. The outcome of the hearing, including any sanction imposed, and the name of the Respondent.
   2. A copy of the Hearing Officer's Report, including the Hearing Officer’s recommended Disciplinary Sanctions.
   3. Notice of the Complainant's and Respondent's right to appeal.
4. Notification of Final Decision – The president will send the Decision Letter electronically to the Respondent and Complainant at the same time.
   1. The decision will also be sent to the appropriate administrator and the Hearing Officer.
   2. The president will also send the Decision Letter to the Title IX Coordinator/DHR Administrator so that they may determine whether any additional Remedies or other Supportive Measures will be afforded or undertaken to maintain a safe and nondiscriminatory University environment.
   3. A copy of the Decision Letter issued to the Complainant will be redacted as to findings regarding conduct that does not constitute a "crime of violence," Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking (34 C.F.R. § 99.31 et seq.).
   4. Unless the University and Parties are notified that an appeal has been filed, the president's (or designee's) sanction decision becomes final 11 Working Days after the date of the Decision Letter.

Appeal Procedures

For Complaints alleging Sex-based Harassment, either Party may file an appeal. For Complaints involving allegations of Discrimination, Harassment, Prohibited Consensual Relationships, or Retaliation only the non-prevailing Party may appeal.

Filing an Appeal to the Chancellor’s Office

A written appeal may be submitted to the Chancellor's Office Civil Rights Programming & Services Appeals Unit (“Civil Rights Appeals Unit”) no later than 10 Working Days after the date of the Notice of Investigation Outcome (non-hearing cases) or Final Decision (hearing cases). All arguments and/or evidence supporting the appeal must be submitted by the deadline to file the appeal. Arguments or evidence submitted after the appeal submission deadline will not be considered by the Civil Rights Appeals Unit. A written appeal may not exceed 3,500 words, excluding exhibits. Appeals will be submitted to: 

Civil Rights Appeals Unit
Systemwide Human Resources
Office of the Chancellor
401 Golden Shore Long Beach, California 90802
CO-Appeals@calstate.edu

Electronic submission to the email address listed above is the preferred method of submitting appeals.

Bases for Appeal

An appeal will be based only on one or more of the appeal issues listed below: 

1. There was no reasonable basis for the findings or conclusions that resulted in the investigation or hearing outcome.
2. Procedural errors occurred that would have likely changed the outcome of the investigation or hearing.
3. New evidence is available that would change the outcome and that was not reasonably available when the Investigator’s or Hearing Officer’s determination was made.
4. The Title IX Coordinator/DHR Administrator, Investigator, or Hearing Officer had a conflict of interest or bias for or against complainants or respondents generally or the individual Complainant or Respondent that would change the outcome.
5. The sanctions imposed was objectively unreasonable, or arbitrary based on substantiated conduct. (For Acceptance of Responsibility cases or Appeal reversals).

Issues and Evidence on Appeal

The issues and evidence raised on appeal will be limited to those raised and identified during the investigation or hearing, unless new evidence that was not reasonably available at the time of the investigation or hearing and that could change the investigation or hearing outcome becomes available after the University investigation or hearing was completed and is submitted by the appealing Party. The Civil Rights Appeals Unit may conduct an interview, at their discretion, with the appealing Party to clarify the written appeal.

Acknowledgement of Appeal

The Civil Rights Appeals Unit will provide prompt written acknowledgement of the receipt of the appeal to the appealing Party, and will provide written notification of the appeal, including a copy of the appeal, to the non-appealing Party and the campus Title IX Coordinator/DHR Administrator. The notice will include the right of the non-appealing Party and the University to provide a response to the appeal within 10 Working Days of the date of the notice. The appeal response will be limited to 3,500 words, excluding exhibits. Any response to the appeal received by the Civil Rights Appeals Unit will be provided to the appealing Party for informational purposes only.

Reasonable Accommodation

The Civil Rights Appeals Unit will provide reasonable accommodations to any Party or witness in the appeal process with a qualified Disability upon request by the person needing the accommodation. A reasonable accommodation may include an extension of time under these Procedures. The timeframe for the Civil Rights Appeals Unit Response will automatically be adjusted for the time needed, if any, to provide reasonable accommodations. The Civil Rights Appeals Unit will consult with the appropriate university administrator (for Students, the services for students with disabilities administrator, and for Employees the appropriate human resources administrator) to determine the reasonableness of a requested accommodation.

Scope of Review

The Civil Rights Appeals Unit will not conduct a new investigation; however, the Civil Rights Appeals Unit may make reasonable inquiries to determine if the new evidence could have affected the investigation or hearing determination. On appeal, the Civil Rights Appeals Unit does not reweigh the evidence, re-decide conflicts in the evidence, or revisit determinations made by the Investigator or Hearing Officer about the credibility or reliability of witnesses and the Parties.

Civil Rights Appeals Unit Response

The Civil Rights Appeals Unit response will include a summary of the issues raised on appeal, a summary of the evidence considered, the Preponderance of the Evidence standard, and the determinations reached regarding the issues identified within the written appeal. A copy of the final Civil Rights Appeals Unit response will be forwarded to the Complainant, the Respondent, and the Title IX Coordinator/DHR Administrator. The appeal response determination is final and is not subject to further appeal.

Reopening a University Investigation or Hearing

If the Civil Rights Appeals Unit review determines that an issue raised on appeal would have affected the investigation outcome or hearing outcome, the investigation or hearing will be remanded back to the University and the investigation or hearing reopened at the campus level. The Civil Rights Appeals Unit will return the matter to the University and will specify in writing the timeline by which a reopened investigation or hearing must be completed. The Civil Rights Appeals Unit will notify the Parties of the reopening of the investigation or hearing and the timeline for completion of the reopened investigation or hearing. The University will complete the reopened investigation or hearing and provide the Civil Rights Appeals Unit with an amended final investigation report or Hearing Officer report. The University will also provide the Parties with amended notices of investigation outcome or final decision, and such notices will provide the non-prevailing Party the opportunity to appeal. Upon receipt of the amended final investigation report/final decision, if the outcome remains unchanged, the Chancellor's Office will contact the original appealing Party to determine whether that Party wishes to continue with the appeal. If the outcome is reversed by the University, the non-prevailing Party will be given an opportunity to appeal.

Reversal by Civil Rights Appeals Unit

If the Civil Rights Appeals Unit determines that no reasonable fact finder (Investigator or Hearing Officer) could have made the findings as determined by the Investigator or Hearing Officer, the Civil Rights Appeals Unit may vacate and reverse the investigation or hearing outcome, but only with respect to whether the Nondiscrimination Policy was violated (and not with respect to factual findings). If the Civil Rights Appeals Unit vacates and reverses the investigation or hearing outcome, it will notify the Parties at the same time and in writing, as well as the Title IX Coordinator/DHR Administrator. Following a reversal of an investigation or hearing outcome by the Civil Rights Appeals Unit, the decision is final and is not subject to further appeal. In the event that the final outcome has been reversed by the Civil Rights Appeals Unit and a sanction will be imposed by the University, both Parties have a right to appeal the sanction only. If a sanction is found to be objectively unreasonable, or arbitrary based on substantiated conduct, the matter will be sent back to the University for reconsideration of the sanction.

Timeline for Response to Appeal

The Civil Rights Appeals Unit will respond to the appealing Party no later than 30 Working Days after receipt of the written appeal, unless the timeline has been extended pursuant to Section L below.

Timelines and Extensions

The Civil Rights Appeals Unit has discretion to extend the timelines for the appeal process for good cause or for any reasons deemed to be legitimate by the Civil Rights Appeals Unit. This includes the time for filing an appeal, the time for a reopened investigation or hearing to be completed, and the time for the Civil Rights Appeals Unit to respond to the appeal. The Civil Rights Appeals Unit will notify the Parties and the Title IX Coordinator/DHR Administrator of any extensions of time granted pertaining to any portion of the appeal process.

Disciplinary Sanctions and Remedies

The University will not impose discipline on a Respondent for violations of the Nondiscrimination Policy unless: 1) there is a determination at the conclusion of the formal complaint resolution that the Respondent engaged in prohibited Discrimination, Harassment, or Retaliation[10]; or 2) where discipline is agreed to as part of an informal resolution process. 

If there is a determination that Discrimination, Harassment, or Retaliation occurred, the Title IX Coordinator/DHR Administrator will, as appropriate:

1. Coordinate the provision and implementation of Remedies to a Complainant and other people the University identifies as having had equal access to the University’s education program or activity limited or denied by Discrimination, Harassment, or Retaliation;
2. Coordinate the imposition of any Disciplinary Sanctions on a Respondent, including notification to the Complainant of any such Disciplinary Sanctions;
3. Take other appropriate prompt and effective steps to ensure that Discrimination, Harassment, or Retaliation does not continue or recur within the University’s education programs, activities, or employment; and
4. Comply with these Procedures before the imposition of any Disciplinary Sanctions against a Respondent.

Students who are found to have violated the Nondiscrimination Policy will be subject to discipline in accordance with state and federal requirements, student conduct rules, and other CSU policies. Sanctions for Students determined to have violated the Nondiscrimination Policy are identified in the Student Conduct Process: restitution, loss of financial aid, educational and remedial sanctions, denial of access to campus or persons, disciplinary probation, suspension, and expulsion. The University may also temporarily or permanently withhold a degree. Other sanctions and remedies may be agreed upon through the Informal Resolution process. 

Employees who are found to have violated the Nondiscrimination Policy will be subject to discipline that is appropriate for the violation and in accordance with state and federal requirements and other CSU policies and applicable collective bargaining agreements. The possible sanctions for Employees determined to have violated the Nondiscrimination Policy are education, training, counseling, reprimand, unpaid suspension of varying lengths, demotion, and/or termination.

Registered Sex Offenders

California’s sex offender registration laws require convicted sex offenders to register their status with UPD if they are enrolled, residing, attending, carrying on a vocation (i.e., contractor or vendor on campus for more than 30 days in the year), or working with or without compensation for the institution. All public information available in California about registered sex offenders, to include the ability to look-up offenders by name, residence address, and zip code, is on the California Department of Justice Megan's law website at http://www.meganslaw.ca.gov/.

Missing Student Notification Procedures for On-campus Student Housing Facilities

Housing & Residence Life oversees the University’s Missing On-Campus Resident Student Policy, which can be accessed here: https://housing.humboldt.edu/sites/default/files/missing_persons_policy.pdf. The specific portions of this policy that are applicable to the Annual Security Report follow: 

Purpose 

The purpose of this policy is to establish procedures for the University’s response to reports of missing students residing on campus, as required by the Higher Education Opportunity Act of 2008. For purposes of this policy, a student residing on campus may be considered to be a “missing person” if the person’s absence is contrary to their usual pattern of behavior and/or unusual circumstances may have caused the absence. People do not need to wait 24 hours to report someone as missing.

Policy 

Individuals having reason to believe that a resident is a missing person must immediately notify UPD, either in-person on campus in the Student Business Services building, Room 101, or by calling (707) 826-5555. A sworn police officer will initiate an investigation in accordance with the UPD’s missing person policy, procedures, and regulations, which includes notifying and collaborating with local law agencies within 4 hours of UPD receiving a missing person report.

Additionally, anyone may make a missing person report to any department on campus, including:

• Housing & Residence Life Office located on the 3rd floor of the Jolly Giant Commons or by calling (707) 826-3451
• Dean of Students Office in Siemens Hall 211 or by calling (707) 826-3504

All reports of a missing person are forwarded to UPD immediately.

Students living in on-campus housing facilities have an option to identify a confidential contact person (separate from their emergency contact) to be notified within 24 hours when the student has been determined to be missing. All students will be advised of this option during check-in and will be told how to make any necessary changes to this information in the future, if needed. Additionally, all students living in on-campus housing facilities shall be advised that in the event they are reported missing, UPD shall be notified, regardless of whether they have registered a “Confidential Contact” person.

Missing person contact information will be retained and confidential, accessible only to the authorized university officials who retain the information and may not be disclosed except to law enforcement personnel in furtherance of an official missing person investigation. 

The parents and listed confidential contact, if any, of on-campus housing students that are minors under the age of 18 and not emancipated, will be notified within 24 hours of an official determination that they are missing. UPD will also be notified within 24 hours of an official determination that they are missing.

Preparing the Annual Fire Safety Report

This report contains information related to fire safety in On-Campus Housing at Cal Poly Humboldt, in accordance with the requirements of the Higher Education Opportunity Act of 2008 and the Clery Act. This report is created annually and published by the Clery Director, relying on information provided by collaborative partners, including but not limited to the Cal Poly Humboldt University Police Department, Housing & Residence Life, Associated Students, the Office of Resilience and Response, the Campus Center for Appropriate Technology (CCAT) and Facilities Management.

Fire statistics for the calendar years 2023, 2022 and 2021 are listed at the end of this report. Cal Poly Humboldt Police Department (UPD) maintains the campus fire log and the daily crime log, which are available 24 hours a day, seven days a week from the UPD counter on the first floor of the Student Business Services Building and online at this direct link: https://hsupd.crimegraphics.com/2013/default.aspx.

Report Distribution

The Annual Security Report and Annual Fire Safety Report are published by October 1st for the previous calendar year, and made available for free to the public as well as current and prospective employees and students at the following physical locations:

An informational message regarding the availability of the Annual Security Report and Annual Fire Safety Report are printed in the University catalog, on the Clery Compliance website, on the Housing & Residence Life website, and in an email sent to all current employees and currently enrolled students (including those attending less than full time and those not enrolled in Title IV programs or courses). Additionally, as new campus websites are rolled out as a part of Cal Poly Humboldt’s rebranding initiative, these reports will be accessible via the website footer as a direct link to the Clery Act Compliance website. Lastly, electronic and printed copies can also be requested by contacting the Clery Director at 707-826-5175 or nicki.viso@humboldt.edu.

Buck House Fire Alarm Systems

Buck House, a live-in laboratory for sustainability, is a two-story wood framed house with three bedrooms and living area upstairs, with classrooms and offices below. The fire system consists of heat detectors, smoke detectors, pull stations, horns and strobes. The system covers the entire house and reports to the University Police Department central station. Fire extinguishers are located on both floors.

Housing & Residence Life Fire Alarm Systems

Campus Apartments 

The Campus Apartments complex is a residence hall facility comprised of one building and has four levels. The fire system consists of fire alarms, smoke and heat detectors, and fire extinguishers. The fire extinguishers are located throughout the building on each level. The fire alarm system is activated by manual pull stations on the ends of each level and smoke detectors throughout the building. The fire alarms and smoke detectors report to the University Police Department central station and have audible alarms. 

Canyon 

The Canyon complex is a residence hall facility comprised of eight buildings: Alder, Cedar, Chinquapin, Hemlock, Madrone, Maple, Pepperwood, and Tan Oak, each having four levels. The fire system consists of fire sprinklers, fire alarms, smoke detectors, heat detectors, and fire extinguishers. The fire extinguishers are located throughout each building on each level. The fire alarm system is activated by manual pull stations and heat detectors located throughout the buildings. Both the fire sprinkler and fire alarm systems report to the University Police Department central station and have local audible alarms. Stand‐alone smoke detectors in the resident bedrooms and end‐suites provide local alarm notification and do not report to the University Police Department, except the Cedar, Chinquapin, Hemlock, and Madrone fire alarm systems, which has an addressable system. 

College Creek 

The College Creek complex is a residence hall facility comprised of four buildings: Del Norte, Shasta, Mendocino, and Trinity. Each building has three levels and is connected by exterior walkways on levels two and three, and one multiple level Market Place and Community center building. The fire system consists of fire sprinklers, fire alarms, smoke & heat detectors, and fire extinguishers. The fire extinguishers are located throughout each building on all levels. The fire alarm system is activated by manual pull stations or smoke/heat detectors located throughout the buildings. The fire alarms, fire sprinklers, and smoke detectors report to the University Police Department central station, as well as having audible alarms. Fire suppression systems are located on each of the two hoods on the first level of the Marketplace.

Creekview 

The Creekview complex is a residence hall facility comprised of five buildings. Fern, Juniper, Laurel, and Willow are four-story buildings, and Creekview Community Center is a single-story structure. The fire system consists of fire alarms, fire sprinklers, smoke detectors, and fire extinguishers. The fire extinguishers are located throughout each building on each level. The fire alarm system is activated by manual pull stations located throughout the buildings. Both the fire sprinkler system and the fire alarm system report to the University Police Department central station, as well as having local audible alarms. 

Cypress 

The Cypress complex is a residence hall facility comprised of nine levels that follow the contour of its hillside location. The fire system consists of fire alarms, smoke detectors, heat detectors, and fire extinguishers. The fire extinguishers are located throughout each building on each level. The fire alarm system is activated with manual pull stations and smoke and heat detectors. The fire alarms, smoke, and heat detectors report to the UPD central monitoring station, as well as having local audible alarms. The fire sprinkler system is located in limited locations on the first level. 

Redwood 

The Redwood complex is a residence hall facility comprised of one building and has three levels. The fire system consists of fire alarms, smoke detectors, heat detectors, and fire extinguishers. The fire extinguishers are located throughout each building on each level. The fire alarm system is activated with manual pull stations and smoke and heat detectors. The fire alarms, smoke, and heat detectors report to the UPD central monitoring station and have local audible alarms.

Sunset 

The Sunset complex is a residence hall facility comprised of one building and has three levels. The fire system consists of fire alarms, smoke detectors, heat detectors, and fire extinguishers. The fire extinguishers are located throughout each building on each level. The fire alarm system is activated with manual pull stations and smoke and heat detectors. The fire alarms, smoke, and heat detectors report to the UPD central monitoring station, as well as having local audible alarms. 

Fire Safety Systems – On-Campus Housing Facilities

Buck House

Fire Safety Policies & Evacuation Procedures

The following procedures are distributed to all Co-Directors, who are considered auxiliary student employees. Only Co-Directors live in Buck House; there are no students that reside here that are not also student employees. Buck House is not affiliated with or managed by Housing & Residence Life.

Fire Safety Policies

Appliances

Appliances such as clocks, lamps, hair dryers, computers, stereos, televisions, and the like are permitted in rooms and public areas of the facilities, provided the resident ensures the following:

• Appliances are UL-approved
• The wiring of appliances is safe and plugged into an electrical outlet utilizing a surge protector
• Appliances are turned off when not in use
• Requests from other residents or staff regarding noise from appliances are respected

Use of items such as electric fry pans, coffee pots, toasters, toaster ovens, rice cookers, and blenders are not allowed in bedrooms and are only permitted for use in the kitchen area of Buck House.

Appliances with open heating coils, such as space heaters, hot plates and other such heat-producing appliances, are fire safety hazards and are not permitted in the facilities at any time. Irons are heat producing 30 and therefore considered a fire safety hazard. You can only use irons in laundry rooms. Dehumidifiers, space heaters and electric blankets are prohibited in Buck House.

Candles, Barbeques & Incendiary Products

Candles, incense, barbecues, torches and other such incendiary products (e.g., fire poi, tea light diffusers, etc.) are fire safety hazards and are prohibited inside of Buck House. Flammable liquids such as lighter fluid, gasoline, and charcoal starter may not be stored in or adjacent to any facility but can be stored at the Housing Grounds shop by contacting the Grounds office at (707) 826-5514. Students will need to leave a voicemail with their name, living location, the reason you are calling, and a contact number. The Lead Grounds worker will contact them to set up a time to place the items in storage. Access to stored items will be by appointment only. In order to access stored items after work hours, contact the Information Desk. The Buck House has a fireplace and the occupants are able to build fires for warmth.

Emergency Information Card 

Located in the Buck House is an Emergency Information Card. This card provides you with important safety and evacuation information. Do not tamper with or remove this card. If this card is missing from Buck House, please contact Associated Students. It shares the location of the Emergency Assembly Point and directions for how to evacuate the building.

Fire Alarm Procedures & Fire Safety 

To help minimize the risk of Fire where students live on campus, there are some policies and guidelines set in place, such as no candles, incense, or smoking in the buildings and no tampering with fire alarm equipment. Regardless of the time of day or night, students living in the on-campus housing are required to evacuate whenever the fire alarm sounds. It is important that each fire alarm be treated as real, as time is of the essence during a fire.

Tampering with or disabling any part of the fire alarm system, discharging an extinguisher, registering a false alarm, or setting a fire can endanger life and property. All students living in Buck House will be expected to evacuate the house if the fire alarm sounds. Smoke and heat detectors in rooms and common areas must be kept in working order. It is essential to report any malfunctions to Facilities Management immediately.

Fire & Safety Regulations 

Fire safety equipment installed in the house is for use only in emergencies. Tampering with, covering and/or utilizing for not its intended purpose of any such equipment – including fire extinguishers, fire alarm pull stations, fire alarm horns, fire hoses, sprinklers, nozzles, exit signs, smoke detectors, heat detectors or any other equipment – is a threat to life and is strictly prohibited. 

Students living in Buck House may be held responsible for intentional or unintentional negligence that leads to alarms/sprinklers being activated. Pulling a fire alarm, tampering with fire safety equipment or intentionally exiting a building through a fire exit when there is no emergency can be grounds for disciplinary action and is subject to the following Fire and Health Safety Codes:

California Fire Code Chapter 9 Fire Protection Systems 2013ed 

Section 901.8 – Removal or Tampering with equipment. It shall be unlawful for any person to remove, tamper with or otherwise disturb any fire hydrant, fire detection and alarm system, fire suppression system, or other fire appliance required by this code except for the purpose of extinguishing a fire, training purposes, recharging or making necessary repairs, or when approved by the fire code official.

Health and Safety Code Section 13112 – Every person who violates any provision of this chapter, or any order, rule, or regulation made pursuant to this chapter, is guilty of a misdemeanor punishable by a fine of not less than one hundred dollars ($100) or more than five hundred dollars ($500), or by imprisonment for not more than six months, or by both. A person is guilty of a separate offense each day during which he or she commits, continues, or permits a violation of any provision of, or any order, rule, or regulation made pursuant to this chapter

Students living in Buck House are required to evacuate a facility any time the alarm in that facility sounds. Residents are required to evacuate a facility under various circumstances (e.g., such as a bomb threat, flood, etc.) when requested to do so by any University staff member, including Facilities Management and UPD. Since the alarm system is not used to evacuate facilities under the circumstances such as a bomb threat, it is important that students living in Buck House be aware of the requirement to evacuate when instructed to do so. Students who fail to evacuate during an alarm or refuse to follow instructions given by a staff member may be subject to disciplinary action.

Students living in Buck House are prohibited from storing dangerous chemicals or highly flammable materials including, but not limited to, gasoline, industrial cleaning solvents, spray paint, personal barbecues, charcoal, lighter fluid, vehicle parts, fuel and oil. The obstruction of balconies, doorways and hallways with the use of screens, bamboo or other coverings is prohibited for fire life safety requirements. Draperies, tapestries, blankets or posters displayed on walls, and doors shall not be placed in a manner which could facilitate ignition, block exits or fire detection units or present overhead fire hazards. As per state fire codes, these items shall not cover more than 10% of wall space. Draperies and tapestries may not hang suspended from doorways or ceilings. Draperies and tapestries must be made of or treated with Fire resistant material.

Lighting designed for festive purposes is only allowed 2 weeks prior to a major event or holiday and shall be removed immediately following.

Right of Entry 

The University shall have the right to enter the premises occupied by Licensee for the purposes of emergency, health, safety, maintenance, management of applicable rules and regulations, or for any other lawful purpose. The University shall exercise these rights reasonably and with respect for the Licensee's right to be free from unreasonable searches and intrusions into study or privacy. Some examples of common reasons to enter rooms are: 

• Maintenance requests made by any student living in Buck House or a staff member
• After roommate/suitemate moves out to inspect and clean their side of room and shared space

Smoking

Effective September 1, 2017, all CSU campuses will be smoke-free. No smoking will be allowed anywhere on campus. Smoking is not permitted in the residence hall facilities at any time. Smoking is defined as inhaling, exhaling, burning, or carrying a lighted cigarette, cigar, pipe or other lighted smoking product, including electronic cigarettes.

Evacuation of Buck House  

Normally during a fire, the fire alarm will be pulled to initiate people's evacuation; however, there are times when either the power is out or perhaps during a bomb threat when we might not utilize the alarm system. When evacuating, it is important to remember that whatever caused the emergency may have affected an evacuation path. This is critical to remember just after an earthquake. The Emergency Assembly Point is #6, 14th and B Parking Lot G15.

Assisting in the Evacuation of Persons with Disabilities 

There may be times when conditions require greater assistance, in which case it is the responsibility of the Co-Directors to notify UPD for their need for greater assistance. In some cases, individuals who require additional assistance will be preidentified. In those cases, the Associated Students Inc. leadership will work with those individuals to determine the best evacuation plan for them. This process is a collaborative process.

Fire Extinguisher and Fire Alarm Checks 

The CCAT Co-Directors will conduct monthly smoke alarm testing checks and will document the date and person conducting them that is shared with the Associated Students Inc. leadership. Facilities Management is responsible for all annual Fire Extinguisher checks through Eureka Oxygen Co and updates the green tag once completed. CCAT Co-Directors are responsible for monthly fire extinguisher inspections and documentation on the fire extinguisher tag. If needed, Facilities Management will be responsible for replacing the fire extinguishers.

Emergency Response

1. Call 9-1-1 or (707) 856–5555 (UPD) and tell them the location of the fire alarm.
2. Evacuate from the premises and go to the Emergency Assembly Point is #6, 14th and B Parking Lot G15. 
3. Notify the Associated Students Inc. Executive Director of the incident. 
4. Co-Directors can return to the building once the building is cleared by the Fire Department.

Fire Safety Training Programs

Fire Safety Training

Fire extinguisher training will be conducted by Environmental Health & Safety and held annually or when a new Co-Director is onboarded with coordination of the Associated Students Inc. leadership. Because Co-Directors are considered student employees, this counts as fire safety training for the students and employees who live in the Buck House.

Fire Drills and Smoke Detector Testing

The CCAT Co-Directors will conduct monthly smoke alarm testing checks and will document the date and person conducting them that is shared with the Associated Students Inc. leadership, Risk Management, Facilities Management, and the Clery Director.

Improvements in Fire Safety

Facilities is planning on fire extinguisher inspections, reducing the vegetation around the building, yearly chimney cleaning and inspection, as well as occupant housekeeping.

Housing & Residence Life

Fire Safety Policies & Evacuation Procedures

The "Residence Life & You Handbook," which is available on Housing & Residence Life website at https://housing.humboldt.edu/resident-resources/forms-and-documents and updated annually, is the recognized policy document for Housing & Residence Life regarding the following information: 

Fire Safety Policies

Appliances 

Appliances such as clocks, lamps, hair-dryers, computers, stereos, televisions, and the like are permitted in student rooms and public areas of the facilities, provided the resident ensures the following:

• Appliances are UL-approved
• The wiring of appliances is safe and plugged into an electrical outlet utilizing a surge protector
• Appliances are turned off when not in use
• Requests from other residents or staff regarding noise from appliances are respected

Use of items such as electric fry pans, coffee pots, toasters, toaster ovens, rice cookers, and blenders are not allowed in student rooms and are only permitted for use in the kitchen area of the residence halls, apartments and suites.

Residents of College Creek, Campus Apartments, Cypress Hall, and Creekview Apartments are not allowed to have microwaves or mini-refrigerators in their personal rooms. Microwaves and refrigerators are provided in the kitchen area of each apartment or suite of these complexes.

Cal Poly Humboldt Housing & Residence Life will provide one microwave and one mini refrigerator per room for the residents of the Hill and the Canyon. Only one microwave and one mini refrigerator is allowed in each room. Students should not purchase and bring these items from home.

Students with medical needs requiring additional refrigeration space need to email Housing at housing@humboldt.edu. If approved, the refrigerator must be kept in an open space that allows ventilation. Refrigerators may not be placed in a closet or under a desk.

Appliances with open heating coils, such as space heaters, hot plates and other such heat-producing appliances, are fire safety hazards and are not permitted in the facilities at any time. Irons are heat producing 30 and therefore considered a fire safety hazard. You can only use irons in laundry rooms. Dehumidifiers, space heaters and electric blankets are prohibited in the residence halls.

Candles, Barbeques & Incendiary Products

Candles, incense, barbecues, torches and other such incendiary products (e.g., fire poi, tea light diffusers, etc.) are fire safety hazards and are prohibited inside of housing facilities. A resident found with any of these items in their possession will need to remove the item and will be subject to judicial action. Public barbecue areas are stationed on the Canyon lawn, Cypress lawn, Creekview picnic areas, the Hill Quad, and at the College Creek patio area for use by residents and should only be used with charcoal briquettes. Burning of wood or any other substance in the barbecue is prohibited. Flammable liquids such as lighter fluid, gasoline, and charcoal starter may not be stored in or adjacent to any facility but can be stored at the Housing Grounds shop by contacting the Grounds office at (707) 826-5514. You will need to leave a voicemail with your name, room number, the reason you are calling, and a contact number. The Lead Grounds worker will contact you to set up a time to place the items in storage. Access to stored items will be by appointment only. In order to access stored items after work hours, contact the Information Desk. Possession of a butane torch will result in removal from Housing on a first offense.

Emergency Information Card 

Located on the back of your room door is an Emergency Information Card. This card provides you with important safety and evacuation information. Be sure to familiarize yourself with this emergency information and learn where all exits are located. Do not tamper with or remove this card. If this card is missing from your room, please contact the Housing Front Desk.

Fire Alarm Procedures & Fire Safety 

To help minimize the risk of Fire in our residence halls, we have set in place some policies and guidelines, such as no candles, incense, or smoking in the halls and no tampering with fire alarm equipment. Additionally, at the beginning of each semester, we conduct fire alarm drills in all of the residence halls, and regardless of the time of day or night, we require residents to evacuate whenever the fire alarm sounds. It is important that each fire alarm be treated as real, as time is of the essence during a fire. 

During a Fire:

• Feel the doorknob for temperature (use the back of your hand). If the doorknob is hot, do not open it.
• Close the windows
• If you cannot leave the room, stay calm
  • Call 911 to notify authorities of your location 
  • Stuff wet sheets or clothing under doors 
  • Hang a sheet out the window or shout to attract attention 
• If you leave the room, close the door behind you
  • Stay low to the ground if smoke is present
  • Move quickly, but do not run
  • Take a towel to avoid smoke inhalation 
• Do not re-enter the building until permitted to do so by a staff member

Tampering with or disabling any part of the fire alarm system, discharging an extinguisher, registering a false alarm, or setting a fire can endanger life and property and will be grounds for removal from the residence halls, a fine and possible criminal charge. All residents will be expected to evacuate the residence hall if the fire alarm sounds. Smoke and heat detectors in student rooms and common areas must be kept in working order. It is essential to report any malfunctions to the Housing Office immediately.

Fire & Safety Regulations 

Fire safety equipment installed in the halls is for use only in emergencies. Tampering with, covering and/or utilizing for not its intended purpose of any such equipment – including fire extinguishers, fire alarm pull stations, fire alarm horns, fire hoses, sprinklers, nozzles, exit signs, smoke detectors, heat detectors or any other equipment – is a threat to life and is strictly prohibited. 

Residents may be held responsible for intentional or unintentional negligence that leads to alarms/sprinklers being activated. Pulling a fire alarm, tampering with fire safety equipment or intentionally exiting a building through a fire exit when there is no emergency can be grounds for immediate removal from the residence halls and is subject to the following Fire and Health Safety Codes:

California Fire Code Chapter 9 Fire Protection Systems 2013ed 

Section 901.8 – Removal or Tampering with equipment. It shall be unlawful for any person to remove, tamper with or otherwise disturb any fire hydrant, fire detection and alarm system, fire suppression system, or other fire appliance required by this code except for the purpose of extinguishing a fire, training purposes, recharging or making necessary repairs, or when approved by the fire code official.

Health and Safety Code Section 13112 – Every person who violates any provision of this chapter, or any order, rule, or regulation made pursuant to this chapter, is guilty of a misdemeanor punishable by a fine of not less than one hundred dollars ($100) or more than five hundred dollars ($500), or by imprisonment for not more than six months, or by both. A person is guilty of a separate offense each day during which he or she commits, continues, or permits a violation of any provision of, or any order, rule, or regulation made pursuant to this chapter

Residents are required to evacuate a facility any time the alarm in that facility sounds. Residents are required to evacuate a facility under various circumstances (e.g., such as a bomb threat, flood, etc.) when requested to do so by any Housing or University staff member. Since the alarm system is not used to evacuate facilities under the circumstances such as a bomb threat, it is important that residents be aware of the requirement to evacuate when instructed to do so. Residents who fail to evacuate during an alarm or refuse to follow instructions given by a staff member will be subject to disciplinary action. In addition to evacuating residents from the facilities, Housing staff will conduct room checks as needed after every evacuation to ensure all residents have left the building.

To ensure emergency vehicle access to facilities, driving or parking in Campus Apartments, Canyon, College Creek, or the Hill access lanes, other access roads adjacent to the residence hall facilities, or the Hill Quad is prohibited. Specific designated areas will be available when moving in or out of the halls (20-minute maximum loading/unloading time). Vehicles left unattended are subject to towing or fines. 

Residents are prohibited from storing dangerous chemicals or highly flammable materials including, but not limited to, gasoline, industrial cleaning solvents, spray paint, personal barbecues, charcoal, lighter fluid, vehicle parts, fuel and oil. The obstruction of balconies, doorways and hallways with the use of screens, bamboo or other coverings is prohibited for fire life safety requirements. Draperies, tapestries, blankets or posters displayed on walls, and doors shall not be placed in a manner which could facilitate ignition, block exits or fire detection units or present overhead fire hazards. As per state fire codes, these items shall not cover more than 10% of wall space. Draperies and tapestries may not hang suspended from doorways or ceilings. Draperies and tapestries (non-housing issued) must be made of or treated with Fire resistant material.

Lighting designed for festive purposes is only allowed 2 weeks prior to a major event or holiday and shall be removed immediately following.

Right of Entry

The University shall have the right to enter the premises occupied by Licensee for the purposes of emergency, health, safety, maintenance, management of applicable rules and regulations, or for any other lawful purpose. The University shall exercise these rights reasonably and with respect for the Licensee's right to be free from unreasonable searches and intrusions into study or privacy. Some examples of common reasons to enter rooms are: 

• Safety checks during Cal Poly breaks
• Mid-Semester Health & Safety Inspections
• Maintenance requests made by you or staff member, your roommate, others in your suite/apartment
• After roommate/suitemate moves out to inspect and clean their side of room and shared space

Safety Checks 

We conduct safety checks of each resident room during winter break to assure items are unplugged and there are no potential fire or safety hazards in unoccupied rooms. An informational memo will be sent out to residents to your Humboldt email a few weeks prior to the break period. This memo will instruct residents of procedures that should be followed in preparation for the break.

Smoking 

Effective September 1, 2017, all CSU campuses will be smoke-free. No smoking will be allowed anywhere on campus. Smoking is not permitted in the residence hall facilities at any time. Smoking is defined as inhaling, exhaling, burning, or carrying a lighted cigarette, cigar, pipe or other lighted smoking product, including electronic cigarettes. Violations of the smoking policy are subject to a $25 charge plus additional damage charges.

Evacuation Procedures 

The following procedures are from the "Housing & Residence Life Student Leader Manual 2023-2024," which is updated annually and distributed to all professional and student staff in Housing & Residence Life:

Evacuation of Residence Halls 

Normally during a fire, the fire alarm will be pulled to initiate people's evacuation; however, there are times when either the power is out or perhaps during a bomb threat when we might not utilize the alarm system and thus need to go door to door instructing people to leave the building immediately. When directing people to evacuate it is important to remember that whatever caused the emergency may have affected an evacuation path. This is critical to remember just after an earthquake. All stairs and catwalks should be checked before instructing people to either walk under or use them. Review your emergency map for all evacuation areas, staging areas, and Emergency Access Points.

In any evacuation situation, if there is inclement weather, one of the other buildings will be opened if an extended evacuation is necessary. The evacuation procedure is basically the same for all situations that might require evacuation (bomb scares, floods, etc.).

Your command to evacuate in any emergency situation has approximately the same authority as a police officer's command. Persons who deliberately disobey an evacuation order, whether it is a false alarm or not, are subject to disciplinary action. It is important that you note those individuals and write an incident report as soon as possible at the conclusion of the emergency or false fire alarm. Those evacuation areas are: 

Evacuation Locations (Residence Halls): 

• Campus Apartments (North Side): Library Parking Lot 
• Campus Apartments (South Side): SBS Parking Lot to the southeast 
• Canyon East ‐ East side of JGC (watch for traffic) 
• Canyon West ‐ West side of JGC (watch for traffic) 
• College Creek‐ Soccer Field 
• Creekview – West (Juniper/Laurel) to East parking lot; East (Willow/Fern) to West parking lot
• Cypress East and Cypress 1, 2, 3, 4, 5: Cypress Lawn 
• Cypress 6, 7, 8, 9: Next to University Center
• Jolly Giant Commons: Cypress Lawn 
• Redwood: Stairs to JGC, or next to the University Center 
• Sunset: Stairs to JGC, or next to the University Center 

Evacuation of the Jolly Giant Commons 

If there is a fire alarm while the Information Desk is open, the following procedures will be followed:

• Call UPD immediately and notify them of the alarm.
• Have the Info Desk call on duty RAs and give them instructions to meet at the Jolly Giant Commons Primary Staging Area located at the east side of the JGC. 
• Close and lock the sliding door, and lock the office.
• Proceed to the Incident Command Post

Assisting in the Evacuation of Persons with Disabilities 

There may be times when conditions require greater assistance, in which case it is the responsibility of staff to notify Incident Command Immediately for the need for greater assistance. Housing leadership may work with those needing additional assistance to determine the best evacuation plan for them. This process is a collaborative process.

Visually Impaired

Most people with visual impairments are familiar with their immediate area. In the event of an emergency, talk to the person. Tell them the nature of the emergency and that you will guide them to the nearest emergency exit. Have the person take your elbow (escort them). Tell the person where they are and advise them of any obstacles. Ask the student if they require any other assistance once you reach the evacuation site. Inform them of where the nearest assistance is located and then inform the emergency coordinator of the location of the student.

Deaf/Hard of Hearing

People with impaired hearing may not hear the warning bells and buzzers used for the evacuations of buildings. Therefore, an alternative warning device is needed. The two most acceptable methods of warning are:

• A written note telling them where the emergency is and the nearest evacuation route.
• A visual signal such as turning the light switch on and off to gain their attention.

Special equipment may have been provided for their safety by the University and installed in rooms on-campus residents who have hearing impairments. However, if this is not the case or the person with hearing impairments is not in their own room the aforementioned contact or signal should be done.

Persons Using Wheelchairs

Tell the person the nature of the emergency. Most persons using wheelchairs will be able to exit safely without assistance. If their wheelchair is inaccessible or trapped, you will need to ask them how they wish to be assisted.

Preference varies as to:

• Being removed physically from the wheelchair.
• The number of people necessary to assist them.
• Points on the wheelchair where the rescue person should hold onto for lifting.
• Whether the seat cushion or pad should be brought along with them if removed from the chair.
• Whether to extend or move their extremities when lifting due to pain, catheter leg bags, braces respirators, etc.
• How to proceed with after-care if removed from the wheelchair, i.e., whether stretchers, chair with cushion pad, car seat or paramedic involvement is necessary.
• Being carried forward or backwards, up or down a flight of stairs.

Persons with Service Animals

People who use service animals should never be separated from the animal unless absolutely necessary. Communicate with the person who has the animal to find out what they may need assistance on. Be aware that during an emergency, the animal may be confused and disoriented. Allow the person to handle their animal unless they ask for assistance.

The All‐Clear Signal 

The person with the highest Housing authority, in consultation with UPD/AFD, will give the all-clear verbally, allowing residents to return to the building. This decision will not be reached until all staff members involved have decided it is safe for residents to return to the building.

This procedure is the same for false fire alarms as well. It is very crucial during a false fire alarm that a complete evacuation of the building takes place before we allow residents to return, even though we know it is a false fire alarm.

Emergency Response

The following procedures are from the "Housing & Residence Life Student Leader Manual 2023-2024," which is updated annually and distributed to all professional and student staff in Housing & Residence Life:

Fire Alarms 

1. Call 9-1-1 or (707) 826-5555 (UPD) and tell UPD the location of the fire alarm.
2. Notify the RLC on Duty.
3. Activate Incident Command system and set up Incident Command Post (notify Housing of its location).
4. Establish a perimeter around building. Station staff at control points.
5. If Fire or smoke is found, follow instructions for responding to Fire/Smoke.
6. If no fire is found, and once all students have been evacuated and all staff on scene agree (UPD, AFD, Housing), reset the alarm.
7. Determine if room inspections need to happen. If yes, organize room inspection teams with a minimum of two per team and inspect the rooms.
8. Allow residents back into the building once the building is cleared by the Fire Department.

Fire/Smoke 

1. Pull fire alarm. Evacuate building and close door behind you.
2. Don't open a door unless you know what is on the other side. 
3. Call 9-1-1 or (707) 826-5555 (UPD) and tell UPD there is a fire and where.
4. Call the RLC on Duty.
5. Activate the Incident Command system and set up Incident Command Post.
6. Notify Housing of its location by calling the Front/Info Desk.
7. Establish a perimeter around building. Station staff at control points.
8. Dispatch staff to direct emergency vehicles at cross streets and intersections. Unlock fire gates.
9. If there are injuries or fatalities, set up triage centers and administer first aid/CPR.
10. Make notes of persons trapped or injured still in building.
11. Housing Incident Commander will pass the information to appropriate emergency personnel as they arrive on scene.

Extinguished Fire Report 

1. Call 9-1-1 or (707) 826-5555 (UPD) and tell UPD there is an extinguished fire and where.
2. Call the RLC on Duty.
3. Submit the Housing Fire Report 

Fire Safety Training Programs

Fire Safety Training

Annually, Cal Poly Humboldt Housing & Residence Life conducts a two-week-long training program in Fall and a one-week training program in Spring. The Housing & Residence Life student staff and professional staff members are taught basic university protocols for fires, fire drills, evacuations, first response, fire extinguisher training, and emergency management. Additionally, each Residence Life Student and professional staff member received a Training Manual, including written documentation and protocol for such events. This manual emphasizes the verbal and visual training covered by the University Environmental Health and Safety Officer for Fire Safety and First Responders. In addition, the Assistant Director of Housing & Residence Life covers general emergencies, evacuation policies and procedures, and basic emergency training. 

Eureka/Humboldt Fire Extinguisher or Cal Poly Humboldt Occupational Safety Coordinator participates in Housing's two-week Student Leader Training each August and teaches the student staff the basic use of fire extinguishers. In addition, housing professionals and student staff members have annual fire extinguisher training, perimeter training, and training about what to do in the event of a fire or hearing a fire alarm.

Fire Drills & Emergency Simulation 

Bi‐annually, during the third and fourth week of each semester, Housing conducts a full-scale fire and evacuation drill in each of the Residence Hall buildings during the evening hours when most students are present. Residents are advised in advance of the drill through email and posters in their communities. Still, they are not given the exact date or time of the actual drill requiring full participation and evacuation. This is considered fire safety training for on-campus residents.

From January 1 through December 31, 2023, Housing & Residence Life has conducted 40 fire drills. 

• January/February 2023, there were 20 fire drills conducted in which the following residence halls were evacuated: Alder, Cedar, Chinquapin, Hemlock, Madrone, Maple, Pepperwood, Tan Oak, Del Norte, Shasta, Trinity, Mendocino, Fern, Juniper, Willow, Laurel, Cypress, Campus Apartments, Redwood, and Sunset
• September 2023, there were 20 fire drills conducted in which the following residence halls were evacuated: Alder, Cedar, Chinquapin, Hemlock, Madrone, Maple, Pepperwood, Tan Oak, Del Norte, Shasta, Trinity, Mendocino, Fern, Juniper, Willow, Laurel, Cypress, Campus Apartments, Redwood, and Sunset.

During Housing's two-week Student Leader Training each August, student‐staff receive emergency training learning how to respond to situations in the Residence Halls. Student Staff, in conjunction with Housing Professional Staff, University Police, Arcata Fire Department, Campus Emergency Operation Center, and Arcata Mad River Ambulance, partake in a 1‐2 hour long full‐scale emergency drill (on August 10, 2022) in which an actual fire is simulated inside a particular Residence Hall with smoke machines, actors, and actors in Moulage. All agencies involved must utilize the Incident Command System (ICS) and respond to the situation appropriately. A post drill review is conducted, and an After-Action Report (AAR) is completed and submitted to the Emergency Management Coordinator after the Emergency Simulation and the fire drills.

Improvements in Fire Safety

No confirmed plans for future improvements. 

Notes on the Statistics Below 

As defined in the amendment to the Higher Education Act, "Fire" is defined as “any instance of open flame or other burning in a place not intended to contain the burning or in an uncontrolled manner.” Therefore, the fire statistics in this table apply only to on‐campus student housing facilities, the definition of which will be “any building located on campus on land owned or controlled by the institution that is used for student housing.” Therefore, the housing support facilities such as the Jolly Giant Commons, stand-alone garden sheds, and other facility-related structures are not included in the tables below. Additionally, the Comfort Inn is not listed below, as it is considered a noncampus property due to the distance from the main campus. Lastly, Buck House is included below, even though it is not affiliated with or managed by Housing & Residence Life, as there are students who live within Buck House and it is physically located on Cal Poly Humboldt’s main campus.

Fire Statistics 2021 (01/01/21 – 12/31/21)

Fire Statistics 2022 (01/01/22 – 12/31/22)

Fire Statistics 2023 (01/01/23 – 12/31/23)

[1] Partial Sprinkler System is defined has having sprinklers in the commercial laundry area and maintenance stock rooms on the first level.              

[2] Full Sprinkler System is defined as having sprinklers in both the common areas and individual rooms

Rape (CA Penal Code Chapter 1 Section 261)

(a) Rape is an act of sexual intercourse accomplished under any of the following circumstances:

(1) If a person who is not the spouse of the person committing the act is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act. Notwithstanding the existence of a conservatorship pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving consent. This paragraph does not preclude the prosecution of a spouse committing the act from being prosecuted under any other paragraph of this subdivision or any other law.

(2) If it 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 or another.

(3) If a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused.

(4) If a person is at the time unconscious of the nature of the act, and this is known to the accused. As used in this paragraph, “unconscious of the nature of the act” means incapable of resisting because the victim meets any one of the following conditions:

(A) Was unconscious or asleep.

(B) Was not aware, knowing, perceiving, or cognizant that the act occurred.

(C) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator’s fraud in fact.

(D) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator’s fraudulent representation that the sexual penetration served a professional purpose when it served no professional purpose.

(5) If a person submits under the belief that the person committing the act is someone known to the victim other than the accused, and this belief is induced by artifice, pretense, or concealment practiced by the accused, with intent to induce the belief.

(6) If the act is accomplished against the victim’s will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat. As used in this paragraph, “threatening to retaliate” means a threat to kidnap or falsely imprison, or to inflict extreme pain, serious bodily injury, or death.

(7) Where the act is accomplished against the victim’s will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official. As used in this paragraph, “public official” means a person employed by a governmental agency who has the authority, as part of that position, to incarcerate, arrest, or deport another. The perpetrator does not actually have to be a public official.

(b) For purposes of this section, the following definitions apply:

“Duress” means a direct or implied threat of force, violence, danger, or retribution sufficient to coerce a reasonable person of ordinary susceptibilities to perform an act which otherwise would not have been performed, or acquiesce in an act to which one otherwise would not have submitted. The total circumstances, including the age of the victim, and his or her relationship to the defendant, are factors to consider in appraising the existence of duress.

“Menace” means any threat, declaration, or act that shows an intention to inflict an injury upon another.

Sodomy (CA Penal Code Chapter 1 Section 286)

Sodomy is sexual conduct consisting of contact between the penis of one person and the anus of another person. Any sexual penetration, however slight, is sufficient to complete the crime of sodomy.

(b) (1) Except as provided in Section 288, any person who participates in an act of sodomy with another person who is under 18 years of age shall be punished by imprisonment in the state prison, or in a county jail for not more than one year.

(2) Except as provided in Section 288, any person over 21 years of age who participates in an act of sodomy with another person who is under 16 years of age shall be guilty of a felony.

(c) (1) Any person who participates in an act of sodomy with another person who is under 14 years of age and more than 10 years younger than he or she shall be punished by imprisonment in the state prison for three, six, or eight years.

(2) (A) Any person who commits an act of sodomy when the act is accomplished against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person shall be punished by imprisonment in the state prison for three, six, or eight years.

(B) Any person who commits an act of sodomy with another person who is under 14 years of age when the act is accomplished against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person shall be punished by imprisonment in the state prison for 9, 11, or 13 years.

(C) Any person who commits an act of sodomy with another person who is a minor 14 years of age or older when the act is accomplished against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person shall be punished by imprisonment in the state prison for 7, 9, or 11 years.

(3) Any person who commits an act of sodomy where the act is accomplished against the victim’s will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat, shall be punished by imprisonment in the state prison for three, six, or eight years.

(d) (1) Any person who, while voluntarily acting in concert with another person, either personally or aiding and abetting that other person, commits an act of sodomy when the act is accomplished against the victim’s will by means of force or fear of immediate and unlawful bodily injury on the victim or another person or where the act is accomplished against the victim’s will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat, shall be punished by imprisonment in the state prison for five, seven, or nine years.

(2) Any person who, while voluntarily acting in concert with another person, either personally or aiding and abetting that other person, commits an act of sodomy upon a victim who is under 14 years of age, when the act is accomplished against the victim’s will by means of force or fear of immediate and unlawful bodily injury on the victim or another person, shall be punished by imprisonment in the state prison for 10, 12, or 14 years.

(3) Any person who, while voluntarily acting in concert with another person, either personally or aiding and abetting that other person, commits an act of sodomy upon a victim who is a minor 14 years of age or older, when the act is accomplished against the victim’s will by means of force or fear of immediate and unlawful bodily injury on the victim or another person, shall be punished by imprisonment in the state prison for 7, 9, or 11 years.

(e) Any person who participates in an act of sodomy with any person of any age while confined in any state prison, as defined in Section 4504, or in any local detention facility, as defined in Section 6031.4, shall be punished by imprisonment in the state prison, or in a county jail for not more than one year.

(f) Any person who commits an act of sodomy, and the victim is at the time unconscious of the nature of the act and this is known to the person committing the act, shall be punished by imprisonment in the state prison for three, six, or eight years. As used in this subdivision, “unconscious of the nature of the act” means incapable of resisting because the victim meets one of the following conditions:

(1) Was unconscious or asleep.

(2) Was not aware, knowing, perceiving, or cognizant that the act occurred.

(3) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator’s fraud in fact.

(4) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator’s fraudulent representation that the sexual penetration served a professional purpose when it served no professional purpose.

(g) Except as provided in subdivision (h), a person who commits an act of sodomy, and the victim is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act, shall be punished by imprisonment in the state prison for three, six, or eight years. Notwithstanding the existence of a conservatorship pursuant to the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving consent.

(h) Any person who commits an act of sodomy, and the victim is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act, and both the defendant and the victim are at the time confined in a state hospital for the care and treatment of the mentally disordered or in any other public or private facility for the care and treatment of the mentally disordered approved by a county mental health director, shall be punished by imprisonment in the state prison, or in a county jail for not more than one year. Notwithstanding the existence of a conservatorship pursuant to the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving legal consent.

(i) Any person who commits an act of sodomy, where the victim is prevented from resisting by an intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused, shall be punished by imprisonment in the state prison for three, six, or eight years.

(j) Any person who commits an act of sodomy, where the victim submits under the belief that the person committing the act is someone known to the victim other than the accused, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce the belief, shall be punished by imprisonment in the state prison for three, six, or eight years.

(k) Any person who commits an act of sodomy, where the act is accomplished against the victim’s will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official, shall be punished by imprisonment in the state prison for three, six, or eight years.

As used in this subdivision, “public official” means a person employed by a governmental agency who has the authority, as part of that position, to incarcerate, arrest, or deport another. The perpetrator does not actually have to be a public official.

(l) As used in subdivisions (c) and (d), “threatening to retaliate” means a threat to kidnap or falsely imprison, or inflict extreme pain, serious bodily injury, or death.

Oral Copulation (CA Penal Code Chapter 1 Section 287)

(a) Oral copulation is the act of copulating the mouth of one person with the sexual organ or anus of another person.

(b) (1) Except as provided in Section 288, any person who participates in an act of oral copulation with another person who is under 18 years of age shall be punished by imprisonment in the state prison, or in a county jail for a period of not more than one year.

(2) Except as provided in Section 288, any person over 21 years of age who participates in an act of oral copulation with another person who is under 16 years of age is guilty of a felony.

(c) (1) Any person who participates in an act of oral copulation with another person who is under 14 years of age and more than 10 years younger than he or she shall be punished by imprisonment in the state prison for three, six, or eight years.

(2) (A) Any person who commits an act of oral copulation when the act is accomplished against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person shall be punished by imprisonment in the state prison for three, six, or eight years.

(B) Any person who commits an act of oral copulation upon a person who is under 14 years of age, when the act is accomplished against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, shall be punished by imprisonment in the state prison for 8, 10, or 12 years.

(C) Any person who commits an act of oral copulation upon a minor who is 14 years of age or older, when the act is accomplished against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, shall be punished by imprisonment in the state prison for 6, 8, or 10 years.

(3) Any person who commits an act of oral copulation where the act is accomplished against the victim’s will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat, shall be punished by imprisonment in the state prison for three, six, or eight years.

(d) (1) Any person who, while voluntarily acting in concert with another person, either personally or by aiding and abetting that other person, commits an act of oral copulation (A) when the act is accomplished against the victim’s will by means of force or fear of immediate and unlawful bodily injury on the victim or another person, or (B) where the act is accomplished against the victim’s will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat, or (C) where the victim is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act, shall be punished by imprisonment in the state prison for five, seven, or nine years. Notwithstanding the appointment of a conservator with respect to the victim pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime described under paragraph (3), that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving legal consent.

(2) Any person who, while voluntarily acting in concert with another person, either personally or aiding and abetting that other person, commits an act of oral copulation upon a victim who is under 14 years of age, when the act is accomplished against the victim’s will by means of force or fear of immediate and unlawful bodily injury on the victim or another person, shall be punished by imprisonment in the state prison for 10, 12, or 14 years.

(3) Any person who, while voluntarily acting in concert with another person, either personally or aiding and abetting that other person, commits an act of oral copulation upon a victim who is a minor 14 years of age or older, when the act is accomplished against the victim’s will by means of force or fear of immediate and unlawful bodily injury on the victim or another person, shall be punished by imprisonment in the state prison for 8, 10, or 12 years.

(e) Any person who participates in an act of oral copulation while confined in any state prison, as defined in Section 4504 or in any local detention facility as defined in Section 6031.4, shall be punished by imprisonment in the state prison, or in a county jail for a period of not more than one year.

(f) Any person who commits an act of oral copulation, and the victim is at the time unconscious of the nature of the act and this is known to the person committing the act, shall be punished by imprisonment in the state prison for a period of three, six, or eight years. As used in this subdivision, “unconscious of the nature of the act” means incapable of resisting because the victim meets one of the following conditions:

(1) Was unconscious or asleep.

(2) Was not aware, knowing, perceiving, or cognizant that the act occurred.

(3) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator’s fraud in fact.

(4) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator’s fraudulent representation that the oral copulation served a professional purpose when it served no professional purpose.

(g) Except as provided in subdivision (h), any person who commits an act of oral copulation, and the victim is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act, shall be punished by imprisonment in the state prison, for three, six, or eight years. Notwithstanding the existence of a conservatorship pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving consent.

(h) Any person who commits an act of oral copulation, and the victim is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act, and both the defendant and the victim are at the time confined in a state hospital for the care and treatment of the mentally disordered or in any other public or private facility for the care and treatment of the mentally disordered approved by a county mental health director, shall be punished by imprisonment in the state prison, or in a county jail for a period of not more than one year. Notwithstanding the existence of a conservatorship pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving legal consent.

(i) Any person who commits an act of oral copulation, where the victim is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused, shall be punished by imprisonment in the state prison for a period of three, six, or eight years.

(j) Any person who commits an act of oral copulation, where the victim submits under the belief that the person committing the act is someone known to the victim other than the accused, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce the belief, shall be punished by imprisonment in the state prison for a period of three, six, or eight years.

(k) Any person who commits an act of oral copulation, where the act is accomplished against the victim’s will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official, shall be punished by imprisonment in the state prison for a period of three, six, or eight years.

As used in this subdivision, “public official” means a person employed by a governmental agency who has the authority, as part of that position, to incarcerate, arrest, or deport another. The perpetrator does not actually have to be a public official.

(l) As used in subdivisions (c) and (d), “threatening to retaliate” means a threat to kidnap or falsely imprison, or to inflict extreme pain, serious bodily injury, or death.

Bigamy, Incest, and the Crime against Nature (CA Penal Code Chapter 1 Section 285 and Section 289)

Section 285

Persons being within the degrees of consanguinity within which marriages are declared by law to be incestuous and void, who intermarry with each other, or who being 14 years of age or older, commit fornication or adultery with each other, are punishable by imprisonment in the state prison.

Section 289

(a) (1) (A) Any person who commits an act of sexual penetration when the act is accomplished against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person shall be punished by imprisonment in the state prison for three, six, or eight years.

(B) Any person who commits an act of sexual penetration upon a child who is under 14 years of age, when the act is accomplished against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, shall be punished by imprisonment in the state prison for 8, 10, or 12 years.

(C) Any person who commits an act of sexual penetration upon a minor who is 14 years of age or older, when the act is accomplished against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, shall be punished by imprisonment in the state prison for 6, 8, or 10 years.

(D) This paragraph does not preclude prosecution under Section 269, Section 288.7, or any other provision of law.

(2) Any person who commits an act of sexual penetration when the act is accomplished against the victim’s will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat, shall be punished by imprisonment in the state prison for three, six, or eight years.

(b) Except as provided in subdivision (c), any person who commits an act of sexual penetration, and the victim is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act or causing the act to be committed, shall be punished by imprisonment in the state prison for three, six, or eight years. Notwithstanding the appointment of a conservator with respect to the victim pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving legal consent.

(c) Any person who commits an act of sexual penetration, and the victim is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act or causing the act to be committed and both the defendant and the victim are at the time confined in a state hospital for the care and treatment of the mentally disordered or in any other public or private facility for the care and treatment of the mentally disordered approved by a county mental health director, shall be punished by imprisonment in the state prison, or in a county jail for a period of not more than one year. Notwithstanding the existence of a conservatorship pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving legal consent.

(d) Any person who commits an act of sexual penetration, and the victim is at the time unconscious of the nature of the act and this is known to the person committing the act or causing the act to be committed, shall be punished by imprisonment in the state prison for three, six, or eight years. As used in this subdivision, “unconscious of the nature of the act” means incapable of resisting because the victim meets one of the following conditions:

(1) Was unconscious or asleep.

(2) Was not aware, knowing, perceiving, or cognizant that the act occurred.

(3) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator’s fraud in fact.

(4) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator’s fraudulent representation that the sexual penetration served a professional purpose when it served no professional purpose.

(e) Any person who commits an act of sexual penetration when the victim is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused, shall be punished by imprisonment in the state prison for a period of three, six, or eight years.

(f) Any person who commits an act of sexual penetration when the victim submits under the belief that the person committing the act or causing the act to be committed is someone known to the victim other than the accused, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce the belief, shall be punished by imprisonment in the state prison for a period of three, six, or eight years.

(g) Any person who commits an act of sexual penetration when the act is accomplished against the victim’s will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official, shall be punished by imprisonment in the state prison for a period of three, six, or eight years.

As used in this subdivision, “public official” means a person employed by a governmental agency who has the authority, as part of that position, to incarcerate, arrest, or deport another. The perpetrator does not actually have to be a public official.

(h) Except as provided in Section 288, any person who participates in an act of sexual penetration with another person who is under 18 years of age shall be punished by imprisonment in the state prison or in a county jail for a period of not more than one year.

(i) Except as provided in Section 288, any person over 21 years of age who participates in an act of sexual penetration with another person who is under 16 years of age shall be guilty of a felony.

(j) Any person who participates in an act of sexual penetration with another person who is under 14 years of age and who is more than 10 years younger than he or she shall be punished by imprisonment in the state prison for three, six, or eight years.

(k) As used in this section:

(1) “Sexual penetration” is the act of causing the penetration, however slight, of the genital or anal opening of any person or causing another person to so penetrate the defendant’s or another person’s genital or anal opening for the purpose of sexual arousal, gratification, or abuse by any foreign object, substance, instrument, or device, or by any unknown object.

(2) “Foreign object, substance, instrument, or device” shall include any part of the body, except a sexual organ.

(3) “Unknown object” shall include any foreign object, substance, instrument, or device, or any part of the body, including a penis, when it is not known whether penetration was by a penis or by a foreign object, substance, instrument, or device, or by any other part of the body.

(l) As used in subdivision (a), “threatening to retaliate” means a threat to kidnap or falsely imprison, or inflict extreme pain, serious bodily injury or death.

(m) As used in this section, “victim” includes any person who the defendant causes to penetrate the genital or anal opening of the defendant or another person or whose genital or anal opening is caused to be penetrated by the defendant or another person and who otherwise qualifies as a victim under the requirements of this section.

Fondling (CA Penal Code Chapter 9. Section 243.4, Assault and Battery)

(a) Any person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery. A violation of this subdivision is punishable by imprisonment in a county jail for not more than one year, and by a fine not exceeding two thousand dollars ($2,000); or by imprisonment in the state prison for two, three, or four years, and by a fine not exceeding ten thousand dollars ($10,000).

(b) Any person who touches an intimate part of another person who is institutionalized for medical treatment and who is seriously disabled or medically incapacitated, if the touching is against the will of the person touched, and if the touching is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery. A violation of this subdivision is punishable by imprisonment in a county jail for not more than one year, and by a fine not exceeding two thousand dollars ($2,000); or by imprisonment in the state prison for two, three, or four years, and by a fine not exceeding ten thousand dollars ($10,000).

(c) Any person who touches an intimate part of another person for the purpose of sexual arousal, sexual gratification, or sexual abuse, and the victim is at the time unconscious of the nature of the act because the perpetrator fraudulently represented that the touching served a professional purpose, is guilty of sexual battery. A violation of this subdivision is punishable by imprisonment in a county jail for not more than one year, and by a fine not exceeding two thousand dollars ($2,000); or by imprisonment in the state prison for two, three, or four years, and by a fine not exceeding ten thousand dollars ($10,000).

(d) Any person who, for the purpose of sexual arousal, sexual gratification, or sexual abuse, causes another, against that person’s will while that person is unlawfully restrained either by the accused or an accomplice, or is institutionalized for medical treatment and is seriously disabled or medically incapacitated, to masturbate or touch an intimate part of either of those persons or a third person, is guilty of sexual battery. A violation of this subdivision is punishable by imprisonment in a county jail for not more than one year, and by a fine not exceeding two thousand dollars ($2,000); or by imprisonment in the state prison for two, three, or four years, and by a fine not exceeding ten thousand dollars ($10,000).

(e)(1) Any person who touches an intimate part of another person, if the touching is against the will of the person touched, and is for the specific purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of misdemeanor sexual battery, punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment. However, if the defendant was an employer and the victim was an employee of the defendant, the misdemeanor sexual battery shall be punishable by a fine not exceeding three thousand dollars ($3,000), by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment. Notwithstanding any other provision of law, any amount of a fine above two thousand dollars ($2,000) which is collected from a defendant for a violation of this subdivision shall be transmitted to the State Treasury and, upon appropriation by the Legislature, distributed to the Civil Rights Department for the purpose of enforcement of the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code), including, but not limited to, laws that proscribe sexual harassment in places of employment. However, in no event shall an amount over two thousand dollars ($2,000) be transmitted to the State Treasury until all fines, including any restitution fines that may have been imposed upon the defendant, have been paid in full.

(2) As used in this subdivision, “touches” means physical contact with another person, whether accomplished directly, through the clothing of the person committing the offense, or through the clothing of the victim.

(f) As used in subdivisions (a), (b), (c), and (d), “touches” means physical contact with the skin of another person whether accomplished directly or through the clothing of the person committing the offense.

(g) As used in this section, the following terms have the following meanings:

(1) “Intimate part” means the sexual organ, anus, groin, or buttocks of any person, and the breast of a female.

(2) “Sexual battery” does not include the crimes defined in Section 261 or 289.

(3) “Seriously disabled” means a person with severe physical or sensory disabilities.

(4) “Medically incapacitated” means a person who is incapacitated as a result of prescribed sedatives, anesthesia, or other medication.

(5) “Institutionalized” means a person who is located voluntarily or involuntarily in a hospital, medical treatment facility, nursing home, acute care facility, or mental hospital.

(6) “Minor” means a person under 18 years of age.

(h) This section shall not be construed to limit or prevent prosecution under any other law which also proscribes a course of conduct that also is proscribed by this section.

(i) In the case of a felony conviction for a violation of this section, the fact that the defendant was an employer and the victim was an employee of the defendant shall be a factor in aggravation in sentencing.

(j) A person who commits a violation of subdivision (a), (b), (c), or (d) against a minor when the person has a prior felony conviction for a violation of this section shall be guilty of a felony, punishable by imprisonment in the state prison for two, three, or four years and a fine not exceeding ten thousand dollars ($10,000).

Statutory Rape (CA Penal Code, Chapter 1, Section 261.5)

(a) Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. For the purposes of this section, a “minor” is a person under the age of 18 years and an “adult” is a person who is 18 years of age or older.

(b) A person who engages in an act of unlawful sexual intercourse with a minor who is not more than three years older or three years younger than the perpetrator, is guilty of a misdemeanor.

(c) A person who engages in an act of unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170.

(d) Any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.

(e) (1) Notwithstanding any other provision of this section, an adult who engages in an act of sexual intercourse with a minor in violation of this section may be liable for civil penalties in the following amounts:

(A) An adult who engages in an act of unlawful sexual intercourse with a minor less than two years younger than the adult is liable for a civil penalty not to exceed two thousand dollars ($2,000).

(B) An adult who engages in an act of unlawful sexual intercourse with a minor at least two years younger than the adult is liable for a civil penalty not to exceed five thousand dollars ($5,000).

(C) An adult who engages in an act of unlawful sexual intercourse with a minor at least three years younger than the adult is liable for a civil penalty not to exceed ten thousand dollars ($10,000).

(D) An adult over 21 years of age who engages in an act of unlawful sexual intercourse with a minor under 16 years of age is liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000).

(2) The district attorney may bring actions to recover civil penalties pursuant to this subdivision. From the amounts collected for each case, an amount equal to the costs of pursuing the action shall be deposited with the treasurer of the county in which the judgment was entered, and the remainder shall be deposited in the Underage Pregnancy Prevention Fund, which is hereby created in the State Treasury. Amounts deposited in the Underage Pregnancy Prevention Fund may be used only for the purpose of preventing underage pregnancy upon appropriation by the Legislature.

(3) In addition to any punishment imposed under this section, the judge may assess a fine not to exceed seventy dollars ($70) against a person who violates this section with the proceeds of this fine to be used in accordance with Section 1463.23. The court shall, however, take into consideration the defendant’s ability to pay, and a defendant shall not be denied probation because of their inability to pay the fine permitted under this subdivision.

(f) A person convicted of violating subdivision (d) who is granted probation shall not complete their community service at a school or location where children congregate.

Incest (CA Penal Code, Chapter 1, Section 285)

Persons being within the degrees of consanguinity within which marriages are declared by law to be incestuous and void, who intermarry with each other, or who being 14 years of age or older, commit fornication or adultery with each other, are punishable by imprisonment in the state prison.

Abuse (CA Family Code, 6203 (definitions) and 6211)

(a) For purposes of this act, “abuse” means any of the following:

(1) To intentionally or recklessly cause or attempt to cause bodily injury.

(2) Sexual assault.

(3) To place a person in reasonable apprehension of imminent serious bodily injury to that person or to another.

(4) To engage in any behavior that has been or could be enjoined pursuant to Section 6320.

(b) Abuse is not limited to the actual infliction of physical injury or assault.

“Domestic violence” is abuse perpetrated against any of the following persons:

(a) A spouse or former spouse.

(b) A cohabitant or former cohabitant, as defined in Section 6209.

(c) A person with whom the respondent is having or has had a dating or engagement relationship.

(d) A person with whom the respondent has had a child, where the presumption applies that the male parent is the father of the child of the female parent under the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12).

(e) A child of a party or a child who is the subject of an action under the Uniform Parentage Act, where the presumption applies that the male parent is the father of the child to be protected.

(f) Any other person related by consanguinity or affinity within the second degree.

Domestic Violence/Dating Violence (CA Penal Code, Chapter 2, Section 273.5 and Section 243)

CA Penal Code 273.5

(a) Any person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim described in subdivision (b) is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000), or by both that fine and imprisonment.

(b) Subdivision (a) shall apply if the victim is or was one or more of the following:

(1) The offender’s spouse or former spouse.

(2) The offender’s cohabitant or former cohabitant.

(3) The offender’s fiancé or fiancée, or someone with whom the offender has, or previously had, an engagement or dating relationship.

(4) The mother or father of the offender’s child.

CA Penal Code 243(e)

(1) When a battery (willful and unlawful use of force or violence upon the person of another) is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant’s child, former spouse, fiancé, or fiancée, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment.

Stalking (CA Penal Code, Chapter 2, Section 646.9)

(a) 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, punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment, or by imprisonment in the state prison.

Stalking (CA Penal Code, Chapter 2, Section 653m)

(a) Every person who, with intent to annoy, telephones or makes contact by means of an electronic communication device with another and addresses to or about the other person any obscene language or addresses to the other person any threat to inflict injury to the person or property of the person addressed or any member of his or her family, is guilty of a misdemeanor. Nothing in this subdivision shall apply to telephone calls or electronic contacts made in good faith.

(b) Every person who, with intent to annoy or harass, makes repeated telephone calls or makes repeated contact by means of an electronic communication device, or makes any combination of calls or contact, to another person is, whether or not conversation ensues from making the telephone call or contact by means of an electronic communication device, guilty of a misdemeanor. Nothing in this subdivision shall apply to telephone calls or electronic contacts made in good faith or during the ordinary course and scope of business.

Consent to Sexual Activity (CA Penal Code, Chapter 1, section 261.6 and section 261.7)

1. Consent is 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.
2. A current or previous dating or marital relationship shall not be sufficient to constitute consent where consent is at issue in a prosecution under section 261, 286, 287, or 289, or former section 262 or 288a
3. This section shall not affect the admissibility of evidence or the burden of proof on the issue of consent.

In prosecutions under Section 261, 286, 287, or 289, or former Section 262 or 288a, in which consent is at issue, evidence that the victim suggested, requested, or otherwise communicated to the defendant that the defendant use a condom or other birth control device, without additional evidence of consent, is not sufficient to constitute consent.

[1] Including the authority to make arrests

[2] Source: https://harmreduction.org/about-us/principles-of-harm-reduction/

[3] This includes incoming transfer, graduate, online, and extended education Students. The programs should occur no later than the first few weeks of the semester.

[4] Cal Poly Humboldt complies with this requirement by providing this information to the campus community in writing each year through a CSULearn assignment (employees, including student employees) and Vector Solutions (students)

[5] See page 43, “Disciplinary Procedures”

[6] See Government Code 7923.615

[7] See Government Code 7923.615

[8] 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.

[9] Additionally, the confidential victim’s information can be released to the prosecutor, parole officers of the Department of Corrections and Rehabilitation, hearing officers of the parole authority, probation officers of county probation departments, or other persons or public agencies where authorized or required by law. Please see California Penal Code section 293 for more information.

[10] As used in these Procedures, the phrase “Discrimination, Harassment, or Retaliation” is inclusive of all forms of Prohibited Conduct outlined in the Nondiscrimination Policy, including Sex Discrimination.

[11] Partial Sprinkler System is defined has having sprinklers in the commercial laundry area and maintenance stock rooms on the first level.              

[12] Full Sprinkler System is defined as having sprinklers in both the common areas and individual rooms

[13] Note that these are not the definitions used to compile the statistics at the beginning of these document. The federal definitions of rape, fondling, incest, statutory rape, domestic violence, dating violence, and stalking are used for the statistics, as required by federal law.