Academic Freedom
Be it resolved that the Academic Senate of CI affirms its commitment to upholding and preserving the principles of academic freedom: the right of faculty to teach, conduct research or other scholarship, and publish free of external constraints other than those normally denoted by the scholarly standards of a discipline, and
Be it further resolved that the Academic Senate of CI fully endorses the 1940 Statement of Principles on Academic Freedom and Tenure of the AAUP (www.aaup.org), and
Be it further resolved that this campus is dedicated to fostering the free speech rights guaranteed by the First Amendment of the U.S. Constitution and to ensure that guests on campus have full opportunity to the exercise of these rights; and
Be it further resolved that the Academic Senate of CI calls on the university community to maintain our campus as an open forum for free expression of ideas and diverse views in the framework of scholarly inquiry and professional ethics; and
Be it further resolved that the Academic Senate of CI affirms its intent to help ensure that all relevant policies developed on this campus protect freedom of inquiry, research, expression, and teaching both inside the classroom and beyond, and
Be it finally resolved that the Academic Senate of CI opposes any system or campus policy that would restrict academic freedom in the name of “security” or a “balanced approach” to controversial issues.
(SR03-05)
The office of Institutional Effectiveness may furnish, upon request, information about the employment of students who graduate from programs or courses of study preparing students for a particular career field. Any such data provided must be in a form that does not allow for the identification of any individual student. This information includes data concerning the average starting salary and the percentage of previously enrolled students who obtained employment. The information may include data collected from either graduates of the campus or graduates of all campuses in the California State University system.
Civil and Criminal Penalties for Violation of Federal Copyrights Law
Anyone who is found to be liable for copyright infringement may be ordered to pay either actual damages suffered as a result of the infringement along with any profits of the infringer attributable to the infringement that are not already taken into account in computing the actual damages, or “statutory” damages between $750 and $30,000 per work infringed. In the case of a “willful” infringement, a court may award up to $150,000 per week infringed. (See 17 U.S.C. §504.) Courts also have discretion to award costs and attorneys’ fees to the prevailing party. (See 17 U.S.C. §§504 & 505.) Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense. Criminal penalties may vary depending on the nature of the offense and whether the infringer has previously been convicted of criminal copyright infringement under 18 U.S.C. §2319. (See 17 U.S.C. §506 & 18 U.S.C. §2319.)
Accountability
President or designee; Vice Presidents or designees
Applicability
All CSU Channel Islands applicants, matriculated students, faculty, staff and third-party vendors.
Definition(s)
Applicant: a person who has applied for admission to the University.
Dolphin Email: the University’s official email system for matriculated students.
Electronic Communication: any method used to send information from one computing device to another, including email, text messaging and social media.
Email: a means or system for transmitting messages electronically (as between computers on a network).
Global Message: communication sent to all matriculated students through Dolphin Email.
Mail: letters and parcels conveyed by the United States Postal Service. **Other reputable carriers such as Federal Express and UPS may be utilized if deemed necessary.
Matriculated student: an admitted student who has been term activated and is planning to or is currently enrolled at CI.
Official University Business: as it pertains to this policy, general or broad information regarding admissions, registration, financial aid, tuition, payment information, and enrollment or financial deadlines; emergency, health or safety issues (health/safety warnings, campus or building closures or evacuations, police alerts or notifications); referendums; system failures (network interruptions, power outages or disruptions to essential services); University e-newsletter, Wavelength; IRB approved surveys; and messages or announcements from the President or CSU Chancellor.
Social Media: forms of electronic communication (as websites for social networking, e.g. Facebook, Twitter, and micro blogging) through which users create online communities to share information, ideas, personal messages, and other content (as videos).
Text Message: An electronic communication sent and received by cellular device.
Policy
- Mail
- Students shall provide the University with a current mailing address.
- Students shall maintain their mailing address by updating it in MyCI.
- Third-party vendors may use mailing addresses provided by CI for only the purpose in which they are intended. Additionally, third-party vendors may not save any student information for future/unauthorized use.
- It is a violation of University policy to use University mail to impersonate a University office, administrator, faculty, staff member, or student.
- Electronic Communication
Email:
- Applicants shall provide the University with a current email address. Upon matriculation, the University will utilize the student’s Dolphin email address as the official means of communication.
- Applicants shall maintain their email address by updating it in myCI.
- The University shall utilize the Dolphin Email system as the official means of communication to matriculated CI students. It is the student’s responsibility to ensure that communication is received and read.
- Students may redirect their Dolphin Email address to another account. However, the University will not be responsible for the handling of email by outside vendors or departmental servers. Instructions for redirecting shall be available on the CI web site.
- Faculty shall determine how electronic forms of communication will be used in their respective classes and will specify requirements to their students (see Exhibit 1).
- All electronic communication shall meet federal and state accessibility requirements.
- All email sent to students shall include appropriate contact information so that the student may verify the integrity of the email.
- It is a violation of University policy to use a University email address to impersonate a University office, administrator, faculty, staff member, or student.
- Students who are suspended or expelled may have their Dolphin Email account closed. The account shall only be re-opened with approval from the Dean of Students or designee.
- Complaints involving harassing email shall be investigated by the appropriate University representative.
- Matriculated students, who attend CI and attempt a minimum of 30 semester units, maintain access to their Dolphin Email regardless of program degree completion.
- Only designated University offices are eligible to send global messages.
- Only items defined as official University business may be communicated to students via a global message.
- Emails should only be sent once or as necessitated by the particular communication.
- Student directory information and email addresses shall not be utilized or provided to a third party for commercial purposes, personal gain or spamming.
- Third-party vendors may use email addresses provided by CI for only the purpose in which they are intended. Additionally, third-party vendors may not save any student information for future/unauthorized use.
- Applicants to the University should inform the Admissions & Recruitment office if there is a change in email address by submitting a letter or email with their name and contact number requesting the University to utilize an alternate email address for communication.
Social Media:
University social media accounts may be used to supplement communication of official University business (as defined) or to redirect students or parents to appropriate staff via email, telephone or in person. Student-specific or confidential information should never be communicated via social media channels.
Texting:
Texting is currently used by the University to communicate emergency notifications through CI Alert when broad messages or instructions are being communicated to the entire campus community.
(SA.07.012)
The complete policy text can be found on the CI website at http://policy.csuci.edu/SA/01/SA.01.001.htm.
(SA.01.001)
The complete policy text can be found on the CI website at http://senate.csuci.edu/policies/2010-2011/sp10-13-posthumous-degrees.pdf.
(SP10-13)
Disposition of Fees: Campus Emergency; Interim Suspension
Title 5, California Code of Regulations, § 41302
During periods of campus emergency, as determined by the President of the individual campus, the President may, after consultation with the Chancellor, place into immediate effect any emergency regulations, procedures, and other measures deemed necessary or appropriate to meet the emergency, safeguard persons and property, and maintain educational activities.
The President of the campus may place on probation, suspend, or expel a student for one or more of the causes enumerated in Section 41301. No fees or tuition paid by or for such student for the semester, quarter, or summer session in which he or she is suspended or expelled shall be refunded. If the student is readmitted before the close of the semester, quarter, or summer session in which he or she is suspended, no additional tuition or fees shall be required of the student on account of the suspension.
The President may immediately impose an interim suspension in all cases in which there is reasonable cause to believe that such an immediate suspension is required in order to protect lives or property and to insure the maintenance of order. A student so placed on interim suspension shall be given prompt notice of charges and the opportunity for a hearing within 10 days of the imposition of interim suspension. During the period of interim suspension, the student shall not, without prior written permission of the President or designated representative, enter any campus of the California State University other than to attend the hearing. Violation of any condition of interim suspension shall be grounds for expulsion.
Electronic Communication with Students
Faculty shall determine how electronic forms of communication (e.g. email) will be used in their respective classes and will specify requirements to their students.
All electronic communication shall meet federal and state accessibility requirements.
All email sent to students shall include appropriate contact information so that the student may verify the integrity of the email.
White students may redirect their University email address to another account, students are responsible for reading all official communication from faculty sent to their University email address.
(SP12-19)
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193), also known as the Welfare Reform Act, includes provisions to eliminate eligibility for federal and state public benefits for certain categories of lawful immigrants as well as benefits for all illegal immigrants.
Students who will require a professional or commercial license provided by a local, state, or federal government agency in order to engage in an occupation for which the CSU may be training them must meet the immigration requirements of the Personal Responsibility and Work Opportunity Reconciliation Act to achieve licensure. Information concerning the regulation these requirements are available from Human Resources, (805) 437-8490.
Intellectual Property
The complete policy text can be found on the CI website at http://policy.csuci.edu/AA/01/AA.01.002.htm.
(SP08-04) (AA.01.002)
Nondiscrimination Policy
Race, Color, Ethnicity, National Origin, Age, Religion and Veteran Status
The California State University does not discriminate on the basis of race, color, ethnicity, national origin, age, genetic information, religion or veteran status in its programs and activities, including admission and access. Federal and state laws, including Title VI of the Civil Rights Act of 1964 and the California Equity in Higher Education Act, prohibit such discrimination. Anna Pavin, AVP for Human Resources, has been designated to coordinate the efforts of California State University Channel Islands to comply with all applicable federal and state laws prohibiting discrimination on these bases. Inquiries concerning compliance may be presented to this person at Lindero Hall, Human Resources Programs or (805) 437-8490.
Disability
The California State University does not discriminate on the basis of disability in its programs and activities, including admission and access. Federal and state laws, including sections 504 and 508 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, prohibit such discrimination. Anna Pavin, AVP for Human Resources, has been designated to coordinate the efforts of California State University Channel Islands to comply with all applicable federal and state laws prohibiting discrimination on the basis of disability. Inquiries concerning compliance may be presented to this person at Lindero Hall, Human Resources Programs or (805) 437-8490. CSU Executive Order 1097 (http://www.calstate.edu/EO/EO-1097.pdf) is the systemwide procedure for all complaints of discrimination, harassment or retaliation made by students against the CSU, a CSU employee, other CSU students or a third party.
Sex/Gender/Gender Identity/Gender Expression/Sexual Orientation
The California State University does not discriminate on the basis of sex, gender, gender identity, gender expression or sexual orientation in its programs and activities, including admission and access. Federal and state laws, including Title IX of the Education Amendments of 1972, prohibit such discrimination. Brittany Grice, Title IX and Inclusion Officer, has been designated to coordinate the efforts of California State University Channel Islands to comply with all applicable federal and state laws prohibiting discrimination on these bases. Inquiries concerning compliance may be presented to this person at Lindero Hall 2757 or (805) 437-3608. The California State University is committed to providing equal opportunities to male and female CSU students in all campus programs, including intercollegiate athletics.
Title IX of the Education Amendments of 1972 protects all people regardless of their gender or gender identity from sex discrimination, which includes sexual harassment and violence:
- Sexual discrimination means an adverse act of sexual discrimination (including sexual harassment, sexual violence, domestic violence, dating violence, and stalking) that is perpetrated against an individual on a basis prohibited by Title IX of the Education Amendments of 1972, 20 U.S.C. §1681 et seq., and its implementing regulations, 34 C.F.R. Part 106 (Title IX); California Education Code §66250 et seq., and/or California Government Code §11135.
- Sexual harassment, a form of sex discrimination, is unwelcome conduct of a sexual nature that includes, but is not limited to, sexual violence, sexual advances, requests for sexual favors, indecent exposure and other verbal, nonverbal or physical unwelcome conduct of a sexual nature, where such conduct is sufficiently severe, persistent or pervasive that its effect, whether or not intended, could be considered by a reasonable person in the shoes of the individual, and is in fact considered by the individual, as limiting the individual’s ability to participate in or benefit from the services, activities or opportunities offered by the university. Sexual harassment includes submission to, or rejection of, where the conduct is explicitly or implicitly used as the basis for any decision affecting an individual’s academic status or progress, or access to benefits and services, honors, programs, or activities available at or through the University. Sexual harassment also includes gender-based harassment, which may include acts of verbal, non-verbal or physical aggression, intimidation or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature.
- Sexual violence is a form of sexual harassment and means physical sexual acts, such as unwelcome sexual touching, sexual assault, sexual battery, rape, domestic violence, dating violence, and stalking (when based on gender or sex) perpetrated against an individual against his or her will and without consent or against an individual who is incapable of giving consent due to that individual’s use of drugs or alcohol, status as a minor, or disability. Sexual violence may include physical force, violence, threat, or intimidation, ignoring the objections of the other person, causing the other person’s intoxication or incapacitation through the use of drugs or alcohol, or taking advantage of the other person’s incapacitation (including voluntary intoxication). Men as well as women can be victims of these forms of sexual violence. Unlawful sexual intercourse with a minor (statutory rape) occurs even if the intercourse is consensual when the victim is under 18 years old, because the victim is considered incapable of giving legal consent due to age.
- Sexual Assault is a form of sexual violence and is an attempt, coupled with the ability, to commit a violent injury on the person of another because of that person’s gender or sex.
- Sexual Battery is a form of sexual violence and is any willful and unlawful use of force or violence upon the person of another because of that person’s gender or sex.
- Rape is a form of sexual violence and is non-consensual sexual intercourse that may also involve the use of threat of force, violence, or immediate and unlawful bodily injury or threats of future retaliation and duress. Any sexual penetration, however slight, is sufficient to constitute rape. Sexual acts including intercourse are considered non-consensual when a person is incapable of giving consent because s/he is incapacitated from alcohol and/or drugs, is under 18 years old, or if a mental disorder or developmental or physical disability renders the person incapable of giving consent. The accused’s relationship to the person (such as family member, spouse, friend, acquaintance or stranger) is irrelevant. (See complete definition of consent below.)
- Acquaintance Rape is a form of sexual violence committed by an individual known to the victim. This includes a person the victim may have just met; i.e., at a party, introduced through a friend, or on a social networking website. (See above for definition of rape.)
- Consent means an informed, affirmative, conscious decision by each participant to engage in mutually agreed-upon sexual activity.
- Consent must be voluntary, and given without coercion, force, threats, or intimidation. Consent requires positive cooperation in a particular sexual act, or expression of intent to engage in that sexual act through the exercise of free will.
- Consent can be withdrawn or revoked. Consent to one form of sexual activity (or one sexual act) does not constitute consent to other forms of sexual activity (or other sexual acts). Consent to sexual activity given on one occasion does not constitute consent to sexual activity on another occasion. The fact that two people are or were in a dating or sexual relationship does not constitute consent to engage in sexual activity. There must always be mutual and affirmative consent to engage in sexual activity. Consent to a sexual act may be withdrawn or revoked at any time, including after penetration. The victim’s request for the perpetrator to use a condom or birth control does not, in and of itself, constitute consent. Once consent is withdrawn or revoked, the sexual activity must stop immediately.
- Consent cannot be given by a person who is incapacitated. For example, a person cannot give consent if s/he is unconscious or coming in and out of consciousness. A person is incapacitated if s/he lacks the physical and/or mental ability to make informed, rational judgments. Examples of incapacitation include unconsciousness, sleep and blackouts. Whether an intoxicated person (as a result of using alcohol or other drugs) is incapacitated depends on the extent to which the alcohol or other drugs impact the person’s decisionmaking capacity, awareness of consequences, and ability to make fully informed judgments. A person with a medical or mental disability may also lack the capacity to give consent.
- Being intoxicated by drugs or alcohol does not diminish a person’s responsibility to obtain consent from the other party before engaging in sexual activity. Factors to be considered include whether the person knew, or whether a reasonable person in the accused’s position should have known, that the victim did not give, or revoked, consent; was incapacitated; or was otherwise incapable of giving consent.
- Sexual intercourse with a minor is never consensual when the victim is under 18 years old, because the victim is considered incapable of giving legal consent due to age
- Domestic Violence is a form of sexual violence and is abuse committed against someone who is a current or former spouse, current or former cohabitant, someone with whom the abuser has a child, someone with whom the abuser has or had a dating or engagement relationship, or a person similarly situated under California domestic or family violence law. Cohabitant means two unrelated persons living together for a substantial period of time, resulting in some permanency of relationship. Factors that may determine whether persons are cohabiting include, but are not limited to (1) sexual relations between the parties while sharing the same living quarters, (2) sharing of income or expenses, (3) joint use or ownership of property, (4) whether the parties hold themselves out as husband and wife, (5) the continuity of the relationship, and (6) the length of the relationship.
- Dating Violence is a form of Sexual Violence and is abuse committed by a person who is or has been in a social or dating relationship of a romantic or intimate nature with the victim. This may include someone the victim just met; i.e., at a party, introduced through a friend, or on a social networking website.
- Stalking means a repeated course of conduct directed at a specific person that places that person in reasonable fear for his/her or others’ safety, or to suffer substantial emotional distress.
- See further information in CSU Channel Islands’ sexual violence prevention and education statement, Title IX Notice of Nondiscrimination (which includes facts and myths about sexual violence), and Victim’s Rights and Options Notice, at http://policy.csuci.edu/statements/statement-on-titleix-nondiscrimination.htm.
Whom to Contact If You Have Complaints, Questions or Concerns
Title IX requires the university to designate a Title IX Coordinator to monitor and oversee overall Title IX compliance. Your campus Title IX Coordinator is available to explain and discuss your right to file a criminal complaint (for example, in cases of sexual violence); the university’s complaint process, including the investigation process; how confidentiality is handled; available resources, both on and off campus; and other related matters. If you are in the midst of an emergency, please call the police immediately by dialing 9-1-1.
Campus Title IX Inclusion Officer:
University Police
U.S. Department of Education, Office for Civil Rights:
Title IX requires the university to adopt and publish complaint procedures that provide for prompt and equitable resolution of sex discrimination complaints, including sexual harassment and violence, as well as provide training, education and preventive measures related to sex discrimination. CSU Executive Order 1097 (http://www.calstate.edu/EO/EO-1097.pdf) is the systemwide procedure for all complaints of discrimination, harassment or retaliation made by students against the CSU, a CSU employee, other CSU students or a third party.
Except in the case of a privilege recognized under California law (examples of which include Evidence Code §§1014 (psychotherapist-patient); 1035.8 (sexual assault counselor-victim); and 1037.5 (domestic violence counselor-victim), any member of the University community who knows of or has reason to know of sexual discrimination allegations shall promptly inform the campus Title IX Coordinator. (See confidential reporting options outlined below.)
Regardless of whether an alleged victim of sexual discrimination ultimately files a complaint, if the campus knows or has reason to know about possible sexual discrimination, harassment or violence, it must review the matter to determine if an investigation is warranted. The campus must then take appropriate steps to eliminate any sex discrimination/harassment, prevent its recurrence, and remedy its effects.
Safety of the Campus Community Is Primary
The university’s primary concern is the safety of its campus community members. The use of alcohol or drugs never makes the victim at fault for sexual discrimination, harassment or violence; therefore, victims should not be deterred from reporting incidents of sexual violence out of a concern that they might be disciplined for related violations of drug, alcohol or other university policies. Except in extreme circumstances, victims of sexual violence shall not be subject to discipline for related violations of the Student Conduct Code.
Information Regarding Campus, Criminal and Civil Consequences of Committing Acts of Sexual Violence
Individuals alleged to have committed sexual assault may face criminal prosecution by law enforcement and may incur penalties as a result of civil litigation. In addition, employees and students may face discipline at the university. Employees may face sanctions up to and including dismissal from employment, pursuant to established CSU policies and provisions of applicable collective bargaining unit agreements.
Students who are charged by the university with sexual discrimination, harassment or violence will be subject to discipline, pursuant to the California State University Student Conduct Procedures (see Executive Order 1098 at http://www.calstate.edu/EO/EO-1098.pdf or any successor executive order) and will be subject to appropriate sanctions. In addition, during any investigation, the university may implement interim measures in order to maintain a safe and non-discriminatory educational environment. Such measures may include: immediate interim suspension from the university; a required move from university-owned or affiliated housing; adjustments to course schedule; and/or prohibition from contact with parties involved in the alleged incident.
Confidentiality and Sexual Violence, Dating Violence, Domestic Violence and Stalking
The University encourages victims of sexual violence, dating violence, domestic violence, or stalking (collectively sexual Violence) to talk to someone about what happened - so they can get the support they need, and so the University can respond appropriately. Whether - and the extent to which - a University employee may agree to maintain confidentiality (and not disclose information to the Title IX Coordinator) depends on the employee’s position and responsibilities at the University. The following information is intended to make victims aware of the various reporting and confidential disclosure options available to them - so they can make informed choices about where to turn for help. The University strongly encourages victims to talk to someone identified in one or more of these groups.
Certain University employees, listed below, are required by law to maintain near or complete confidentiality; talking to them is sometimes called a “privileged communication.” University law enforcement employees may maintain the victim’s identity as confidential, if requested by the victim, but will report the facts of the incident to the Title IX Coordinator, including the identity of the perpetrator. Most other University employees are required to report all details of a Sexual Violence incident (including the identities of both the victim and alleged perpetrator) to the Title IX Coordinator so the University can take immediate action to protect the victim, and take steps to correct and eliminate the cause of Sexual Violence.
University Police, the Title IX Coordinator, University-employed physicians, professional counselors, sexual assault and domestic violence counselors and advocates, and certain other University employees are required to explain to victims their rights and options with respect to confidentiality.
Privileged and Confidential Communications
Physicians, Psychotherapists, Professional Counselors and Clergy - Physicians, psychotherapists, professional, licensed counselors, and clergy who work or volunteer on or off campus, and who provide medical or mental health treatment or counseling (including those who act in that role under their supervision) may not report any information about an incident of sexual violence to anyone else at the University, including the Title IX Coordinator, without the victim’s consent. A victim can seek assistance and support from physicians, psychotherapists, professional, licensed counselors, and clergy without triggering a University investigation that could reveal the victim’s identity or the fact of the victim’s disclosure. However, see limited exceptions below regarding when health care practitioners must report to local law enforcement agencies. Health care practitioners should explain these limited exceptions to victims, if applicable.
Sexual Assault and Domestic Violence Counselors and Advocates - Sexual assault and domestic violence counselors and advocates who work or volunteer on or off campus in sexual assault centers, victim advocacy offices, women’s centers, and health centers (including all individuals who work or volunteer in these centers and offices, as well as non-professional counselors or advocates, and those who act in that role under their supervision) may talk to a victim without revealing any information about the victim and the incident of sexual violence to anyone else at the University, including the Title IX Coordinator, without the victim’s consent. A victim can seek assistance and support from these counselors and advocates without triggering a University investigation that could reveal his/her identity or that a victim disclosed an incident to them. However, see limited exceptions below regarding when sexual assault and domestic violence counselors and advocates must report to local law enforcement agencies. Counselors and advocates should explain these limited exceptions to victims, if applicable.
The University will be unable to conduct an investigation into a particular incident or pursue disciplinary action against a perpetrator if a victim chooses to (1) speak only to a physician, professional counselor, clergy member, sexual assault counselor, domestic violence counselor or advocate; and (2) maintain complete confidentiality. Even so, these individuals will assist victims in receiving other necessary protection and support, such as victim advocacy, disability, medical/health or mental health services, or legal services, and will advise victims regarding their right to file a Title IX complaint with the University and a separate complaint with local or University police. If a victim insists on confidentiality, such professionals, counselors and advocates will likely not be able to assist the victim with: University academic support or accommodations; changes to University-based living or working schedules; or adjustments to course schedules. A victim who at first requests confidentiality may later decide to file a complaint with the University or report the incident to the police, and thus have the incident fully investigated. These counselors and advocates can provide victims with that assistance if requested by the victim. These counselors and advocates will also explain that Title IX includes protections against retaliation, and that the University will not only take steps to prevent retaliation when it knows or reasonably should know of possible retaliation, but will also take strong responsive action if it occurs.
EXCEPTIONS: Under California law, any health practitioner employed in a health facility, clinic, physician’s office, or local or state public health department or clinic is required to make a report to local law enforcement if he or she provides medical services for a physical condition to a patient/victim who he or she knows or reasonably suspects is suffering from (1) a wound or physical injury inflicted by a firearm; or (2) any wound or other physical injury inflicted upon a victim where the injury is the result of assaultive or abusive conduct (including Sexual Violence, Domestic Violence, and Dating Violence). This exception does not apply to sexual assault and domestic violence counselors and advocates. Health care practitioners should explain this limited exception to victims, if applicable.
Additionally, under California law, all professionals described above (physicians, psychotherapists, professional counselors, clergy, and sexual assault and domestic violence counselors and advocates) are mandatory child abuse and neglect reporters, and are required to report incidents involving victims under 18 years of age to local law enforcement. These professionals will explain this limited exception to victims, if applicable.
Finally, some or all of these professionals may also have reporting obligations under California law to (1) local law enforcement in cases involving threats of immediate or imminent harm to self or others where disclosure of the information is necessary to prevent the threatened danger; or (2) to the court if compelled by court order or subpoena in a criminal proceeding related to the Sexual Violence incident. If applicable, these professionals will explain this limited exception to victims.
Reporting to University or Local Police
If a victim reports to local or University Police about sexual violence, the police are required to notify victims that their names will become a matter of public record unless confidentiality is requested. If a victim requests that his/her identity be kept confidential, his/her name will not become a matter of public record and the police will not report the victim’s identity to anyone else at the University, including the Title IX Coordinator. University Police will, however, report the facts of the incident itself to the Title IX Coordinator being sure not to reveal to the Title IX Coordinator victim names/identities or compromise their own criminal investigation. The University is required by the federal Clery Act to report certain types of crimes (including certain sex offenses) in statistical reports. However, while the University will report the type of incident in the annual crime statistics report known as the Annual Security Report, victim names/identities will not be revealed.
Reporting to the Title IX Coordinator and Other University Employees
Most University employees have a duty to report sexual violence incidents when they are on notice of it. When a victim tells the Title IX Coordinator or another University employee about a sexual violence incident, the victim has the right to expect the University to take immediate and appropriate steps to investigate what happened and to resolve the matter promptly and equitably. In all cases, the University strongly encourages victims to report sexual violence directly to the campus Title IX Coordinator. As detailed above in the Privileged and Confidential Communications section of this policy, all University employees except physicians, licensed counselors, sexual assault counselors and advocates, must report to the Title IX Coordinator all relevant details about any sexual violence incidents of which they become aware. The University will need to determine what happened - and will need to know the names of the victim(s) and the perpetrator(s), any witnesses, and any other relevant facts, including the date, time and specific location of the incident.
To the extent possible, information reported to the Title IX Coordinator or other University employees will be shared only with individuals responsible for handling the University’s response to the incident. The University will protect the privacy of individuals involved in a sexual violence incident except as otherwise required by law or University policy. A Sexual Violence report may result in the gathering of extremely sensitive information about individuals in the campus community. While such information is considered confidential, University policy regarding access to public records and disclosure of personal information may require disclosure of certain information concerning a report of sexual violence. In such cases, efforts will be made to redact the records, as appropriate, in order to protect the victim’s identity and privacy and the privacy of other involved individuals. Except as detailed in the section on Privileged and Confidential Communications above, no University employee, including the Title IX Coordinator, should disclose the victim’s identity to the police without the victim’s consent or unless the victim has also reported the incident to the police.
If a victim requests of the Title IX Coordinator or another University employee that his/her identity remain completely confidential, the Title IX Coordinator will explain that the University cannot always honor that request and guarantee complete confidentiality. If a victim wishes to remain confidential or request that no investigation be conducted or disciplinary action taken, the University must weigh that request against the University’s obligation to provide a safe, non-discriminatory environment for all students, employees, and third parties, including the victim. Under those circumstances, the Title IX Coordinator will determine whether the victim’s request for complete confidentiality and/or no investigation can be honored under the facts and circumstances of the particular case, including whether the University has a legal obligation to report the incident, conduct an investigation or take other appropriate steps. Without information about a victim’s identity, the University’s ability to meaningfully investigate the incident and pursue disciplinary action against the perpetrator may be severely limited. See Executive Order 1095 for further details around confidential reporting, and other related matters (http://www.calstate.edu/EO/EO-1095.pdf).
Additional Resources
Office for Civil Rights
50 Beale Street, Suite 7200
San Francisco, CA 94105
(415) 486-5555
TDD (877) 521-2172
- U.S. Department of Education, national office:
Office for Civil Rights
(800) 872-5327
- Know Your Rights about Title IX
www2.ed.gov/about/offices/list/ocr/docs/title-ix-rights-201104.html
California Coalition Against Sexual Assault (http://calcasa.org/)
1215 K. Street, Suite 1850
Sacramento, CA 95814
(916) 446-2520
Student Clubs and Organizations, Eligibility Requirements for Membership
Accountability
The AVP for Student Affairs/Dean of Students, the Student Organization Officer Appeals Committee and the Vice President for Student Affairs.
Applicability
All currently enrolled students at CSU Channel Islands
Definition(s)
Registered - an approved status for student organizations.
Student Organization - a registered group of students organized with a similar interest or acting towards a particular cause.
GPA - Grade Point Average
Student Organization Officer - (referenced as Major Student Government and Minor Student Representative Officers within the CSU memorandum “Minimum Academic Qualifications for Student Office Holders”) CSU Channel Islands defines a Student Organization/Representative Officer as any student who is elected or appointed into a position as delineated by the student organization’s constitution to be an officer.
Student Organization Member - a student in a general membership role without a specific title or job function.
Policy
Eligibility Requirements will be reviewed each semester by University personnel.
Minimum eligibility requirements to be a member of a club or organization at CI:
- Must be enrolled as a student at CSU Channel Islands
- Must adhere to membership requirement established by each student organization that aligns with their purpose. These requirements shall be regulated by the organization.
- Must adhere to any restrictions placed on student involvement in student organizations as determined on a case-by-case basis by University Judicial Officers.
Minimum eligibility requirements to be an officer of a student organization at CSU Channel Islands:
- Must be enrolled in no less than six units at CSU Channel Islands (undergraduates)
- Must be enrolled in no less than three units at CSU Channel Islands (graduate and credential)
- Have a cumulative, CI and semester GPA of at least 2.5 (undergraduates)
- Have a cumulative, CI and semester GPA of at least 3.0 (graduate and credential)
- Be in good academic and behavioral standing (not on academic or disciplinary probation)
- Be free of any holds on University records.
An officer who is ineligible due to failing to meet the semester GPA requirement may submit an appeal to the Student Organization Officer Appeals Committee for a one-semester (one-time) probationary status to retain the position(s) held at the time the appeal is submitted. The request must explain the circumstances that led to an unsatisfactory semester GPA and provide an action plan for academic success. Appeal forms may be obtained from the Student Engagement and Applied Leadership Center. Students may submit an appeal as soon as semester grades are posted but no later than 5:00 p.m. on the first Thursday of each semester. The Student Organization Officer Appeals Committee will issue decisions by the second Thursday of each semester. Students may maintain their role as an officer until the appeals committee has issued a final decision. Appeals will not be considered for officers who fall below the CSU mandated requirements or officers of new organizations.
Failure to meet the above requirements will result in the member’s or officer’s removal from office or from the student organization’s roster, whichever is applicable. In the event that a student organization permits non-eligible members/officers to remain active in their role, the student organization could be placed on probation, suspended from active registration for a designated period of time or lose registered status.
First time in college and transfer students without a CI GPA cannot serve as officers, but may participate as general members their first semester. However, upon completion of their first semester they must follow the eligibility requirements outlined above.
Student organizations may impose more restrictive requirements in their constitution(s) or bylaws.
(SA.21.004)
Accountability
The Vice President for Student Affairs
Applicability
All enrolled students at California State University Channel Islands
Definition(s)
Pre-finals week - The last week of fall and spring classes (prefinals week begins the Sunday prior to finals week).
Policy
No student club/organization may hold meetings or sponsor events during pre-finals or finals weeks.
Committees that require student attendance and participation are asked not to hold meetings during pre-finals and finals weeks in order to allow students to focus on their academic studies.
No co-curricular event or activity that requires students to plan, develop or attend may be held during pre-finals or finals weeks. This includes informal (e.g. team dinners, banquets, etc.) and formal (e.g. meetings) group gatherings.
Students may be invited to participate in events facilitated by professional staff designed to support the review and preparation for finals (e.g. de-stress related activities, study groups, etc.).
Events that do not support the review and preparation for finals should not be held during pre-finals and finals weeks.
Students may continue to perform responsibilities associated with their on-campus student assistant positions during pre-finals and finals weeks.
(SA.18.001)
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