Good standing indicates that a student is eligible to continue and is free from financial obligation to the University. A student under academic disqualification, disciplinary suspension or disciplinary expulsion is not eligible to receive a statement of good standing on transcripts issued by the University or on other documents.
Continuous Attendance and Catalog Rights
Students who have been enrolled either at a California Community College or a CSU campus for at least one semester or two quarters of consecutive calendar years are considered to be “in continuous attendance.”
This concept is important because continuous attendance affects the requirements you must meet to graduate from a CSU campus. Institutions occasionally modify graduation requirements. If you have been in continuous attendance, you may choose to meet the CSU campus graduation requirements in the CSU catalog that was in effect:
- at the time you began continuous attendance at the California Community College,
- at the time you transferred to the CSU campus, or
- at the time you graduate from the CSU campus.
By maintaining continuous attendance and selecting option (1) or (2), you can be assured that your CSU campus graduation requirements will not change. Your right to choose one of these options is called “catalog rights.”
If you do not remain in continuous attendance, you will reestablish catalog rights at the time you reenroll in any California Community College or begin attending a CSU campus. If you are unsure about your catalog rights, you should consult your community college counselor or the CSU Admissions Office.
With certain exceptions, undergraduate students may be absent for one semester and maintain their continuing student status. This includes election of curriculum requirements for graduation and eligibility to register for the next semester. To qualify for the stop-out policy, the student must have completed at least one semester in residence following his or her most recent admission to the University. The exceptions are as follows:
Disqualified Students - Students who are disqualified at the end of a semester and have not been reinstated will not receive a registration appointment; they must apply for readmission, and if admitted, may be subject to new curricula requirements.
Foreign-Visa Students - Students with foreign visas are required to maintain continuous enrollment. The stop-out policy is not applicable to “visa” students.
Recently Admitted Student in First Term of Attendance - Students may not use “stop out” during the term of admission. For example, if a student is admitted for a fall term, he/she may not use the Stop-Out Policy for that fall term to delay attendance until the following term. If the student does not attend during the first term of admission, the student will be discontinued and will need to reapply for admission to a later term.
Students absent for more than one semester must apply for readmission should they wish to return to Fullerton. Election of catalog requirements will not be jeopardized for certain students. Students should consult an evaluator in the Office of Admissions and Records.
Leave of Absence
A leave of absence may be granted based on certain documented extenuating circumstances (e.g., illness or disability, active duty in the armed forces of the U.S.) and normally is granted for not more than one year. Undergraduate and postbaccalaureate unclassified graduate students qualify for a leave if they have completed at least one semester in residence at Cal State Fullerton and are in good academic standing. Recently readmitted student may not use the Leave of Absence policy to delay attendance to a later term. The student must attend during the term of readmission or reapply for a later term of admission. Forms to request a leave of absence are available at the Admissions and Records Service Center.
Such an approved leave of absence authorizes the student to return without reapplying to the University and continue under the catalog requirements that applied to the enrollment prior to the absence.
Undergraduate and graduate students on approved leaves of one year (two academic semesters) or less are eligible to register for the semester immediately following the end of the leave.
The leave of absence policy for conditionally classified and classified graduate students and credential students is defined in the “Graduate Regulations ” section of this catalog.
Withdrawal from the University
Students who find it necessary to cancel their registration or to withdraw from all classes after enrolling for any academic term are required to follow the University’s official withdrawal procedures. Failure to follow formal University procedures may result in an obligation to pay fees as well as the assignment of failing grades in all courses and the need to apply for readmission before being permitted to enroll in another academic term. Information on canceling registration and withdrawal procedures is available from the Admissions and Records Service Center, Langsdorf Hall 114; P.O. Box 6900, Fullerton, CA, 92384-6900, 657-278-7601.
Students who receive financial aid funds must consult with the Financial Aid Officeprior to withdrawing from the university regarding any required return or repayment of grant or loan assistance received for that academic term or payment period. Students who have received financial aid and withdraw from the institution during the academic term or payment period may need to return or repay some or all of the funds received, which may result in a debt owed to the institution.
See the “Refund of Fees ” section in this catalog for possible refunds. No student may withdraw after the date shown on the University calendar as the last day of instruction.
Retention, Probation and Disqualification
For purposes of determining a student’s ability to remain in the University, both quality of performance and progress towards the educational objective will be considered.
An undergraduate student shall be placed on academic probation if in any semester the cumulative grade point average or the grade point average at Fullerton falls below 2.0 (grade of C on a four-point scale). The student shall be advised of probation status promptly and, except in unusual instances, before the start of the next consecutive enrollment period.
An undergraduate student shall be removed from academic probation and restored to clear standing upon achieving a cumulative grade point average of 2.0 in all academic work attempted, in all such work attempted at Fullerton, and is making satisfactory progress towards his or her educational objective.
A postbaccalaureate student (credential, unclassified, or undeclared status; but not second baccalaureate degree students) shall be subject to academic probation if, after attempting 12 or more graded units, his or her postbaccalaureate cumulative grade point average for units attempted at California State University, Fullerton falls below a 2.50 average. The GPA will determine whether a student is subject to probation only when the student has attempted 12 semester units of graded coursework.
A graduate student enrolled in a graduate degree program in either conditionally classified or classified standing shall be subject to academic probation if he or she fails to maintain a cumulative grade point average of at least 3.0 (grade of B on a four-point scale) in all units attempted.
An undergraduate student on academic probation shall be subject to academic disqualification if:
- as a freshman (fewer than 30 semester hours of college work completed), the student falls below a grade point average of 1.50 in all units attempted or in all units attempted at this institution; or
- as a sophomore (30 through 59.9 semester units of college work completed), the student falls below a grade point average of 1.70 in all college units attempted or in all units attempted at this institution; or
- as a junior (60 to 89.9 semester units of college work completed), the student falls below a grade point average of 1.85 in all college units attempted or in all units attempted at this institution; or
- as a senior (90 or more semester units of college work completed), the student falls below a grade point average of 1.95 in all college units attempted or in all units attempted at this institution.
A graduate student enrolled in a graduate degree program shall be subject to disqualification if, while on probation, a sufficient grade point average is not achieved to remove probationary status. Disqualification may be either from further registration in a particular program or from further enrollment in the University, as determined by appropriate campus authority.
A postbaccalaureate student who is on probation shall be subject to disqualification if he or she fails to maintain at least a 2.50 cumulative grade point average after attempting 12 units of graded coursework (not including CR/NC) at California State University, Fullerton, in postbaccalaureate status. Disqualification may be either from further registration as a postbaccalaureate, credential or certificate program student or from further enrollment at California State University, Fullerton, as determined by the vice president for Academic Affairs or designee.
Some disqualified students who want to raise their grade point average may qualify for Open University enrollment through University Extended Education (UEE). For more information, see the UEE section in this catalog or contact the UEE Academic Adviser, located in University Hall, room 123, 657-278-6745.
Students are expected to make themselves aware of and abide by the University community’s standards of behavior as articulated in this section, the Student Handbook, and other regulations of the University. Students accept the rights and responsibilities of membership in the CSUF community when they are admitted to the University. At the University, as elsewhere, ignorance of the standards is not an acceptable justification for violating community standards.
Because the functions of a University depend on honesty and integrity among members, the University expects from its students a higher standard of conduct than the minimum required to avoid disciplinary action.
Activities of students may result in violation of law, and students who violate the law may incur penalties prescribed by civil authorities. However, the University reserves the right to review such incidents independent of action by civil authorities, recognizing that the University’s authority and its disciplinary process serve its educational mission and interest, a function separate from action by civil authorities.
The Trustees of the California State University are authorized by the Education Code to establish student disciplinary procedures. The president of California State University, Fullerton has designated the associate dean of students, judicial affairs, as the University’s student conduct administrator. The administrator is responsible for administering the student discipline system and implementing the following procedures as mandated in Executive Order No. 1073 Student Conduct Procedures (Student Handbook) and CSUF President’s Directive Number Nine: Regarding the Use of Attorneys in Student Disciplinary Proceedings.
Unacceptable behavior by students or by applicants for admission is subject to discipline as provided in Section 41301 of Title 5, California Code of Regulations.
Title 5 California Code of Regulations 41301. Standards for Student Conduct.
Campus Community Values
The University is committed to maintaining a safe and healthy living and learning environment for students, faculty, and staff. Each member of the campus community should choose behaviors that contribute toward this end. Students are expected to be good citizens and to engage in responsible behaviors that reflect well upon their University, to be civil to one another and to others in the campus community, and contribute positively to student and University life.
Grounds for Student Discipline
Student behavior that is not consistent with the Student Conduct Code is addressed through an educational process that is designed to promote safety and good citizenship, and, when necessary, impose appropriate consequences. The following are the grounds upon which student discipline can be based:
- Dishonesty, including:
- Cheating, plagiarism, or other forms of academic dishonesty that are intended to gain unfair academic advantage.
- Furnishing false information to a University official, faculty member, or campus office.
- Forgery, alteration, or misuse of a University document, key, or identification instrument.
- Misrepresenting one’s self to be an authorized agent of the University or one of its auxiliaries.
- Unauthorized entry into, presence in, use of, or misuse of University property.
- Willful, material and substantial disruption or obstruction of a University-related activity, or any on-campus activity.
- Participating in an activity that substantially and materially disrupts the normal operations of the University, or infringes on the rights of members of the University community.
- Willful, material and substantial obstruction of the free flow of pedestrian or other traffic, on or leading to campus property or an off-campus University-related activity.
- Disorderly, lewd, indecent, or obscene behavior at a University-related activity, or directed toward a member of the University community.
- Conduct that threatens or endangers the health or safety of any person within or related to the University community, including physical abuse, threats, intimidation, harassment or sexual misconduct.
- Hazing, or conspiracy to haze. Hazing is defined as any method of initiation or pre-initiation into a student organization or student body, whether or not the organization or body is officially recognized by an educational institution, which is likely to cause serious bodily injury to any former, current, or prospective student of any school, community college, college, university or other educational institution in this state (Penal Code 245.6), and in addition, any act likely to cause physical harm, personal degradation or disgrace resulting in physical or mental harm, to any former, current or prospective student of any school, community college, college, university or other educational institution. The term “hazing” does not include customary athletic events or school-sanctioned events. Neither the express or implied consent of a victim of hazing, nor the lack of active participation in a particular hazing incident is a defense. Apathy or acquiescence in the presence of hazing is not a neutral act, and is also a violation of this section.
- Use, possession, manufacture, or distribution of illegal drugs or drug-related paraphernalia, (except as expressly permitted by law and University regulations) or the misuse of legal pharmaceutical drugs.
- Use, possession, manufacture, or distribution of alcoholic beverages (except as expressly permitted by law and University regulations), or public intoxication while on campus or at a University-related activity.
- Theft of property or services from the University community, or misappropriation of University resources.
- Unauthorized destruction, or damage to University property or other property in the University community.
- Possession or misuse of firearms or guns, replicas, ammunition, explosives, fireworks, knives, other weapons, or dangerous chemicals (without the prior authorization of the campus president) on campus or at a University-related activity.
- Unauthorized recording, dissemination, or publication of academic presentations (including handwritten notes) for a commercial purpose.
- Misuse of computer facilities or resources, including:
- Unauthorized entry into a file, for any purpose.
- Unauthorized transfer of a file.
- Use of another’s identification or password.
- Use of computing facilities, campus network, or other resources to interfere with the work of another member of the University community.
- Use of computing facilities and resources to send obscene or intimidating and abusive messages.
- Use of computing facilities and resources to interfere with normal University operations.
- Use of computing facilities and resources in violation of copyright laws.
- Violation of a campus computer use policy.
- Violation of any published University policy, rule, regulation or presidential order.
- Failure to comply with directions or, or interference with, any University official or any public safety officer while acting in the performance of his/her duties.
- Any act chargeable as a violation of a federal, state, or local law that poses a substantial threat to the safety or well being of members of the University community, to property within the University community or poses a significant threat of disruption or interference with University operations.
- Violation of the Student Conduct Procedures, including:
- Falsification, distortion, or misrepresentation of information related to a student discipline matter.
- Disruption or interference with the orderly progress of a student discipline proceeding.
- Initiation of a student discipline proceeding in bad faith.
- Attempting to discourage another from participating in the student discipline matter.
- Attempting to influence the impartiality of any participant in a student discipline matter.
- Verbal or physical harassment or intimidation of any participant in a student discipline matter.
- Failure to comply with the sanction(s) imposed under a student discipline proceeding.
- Encouraging, permitting, or assisting another to do any act that could subject him or her to discipline.
Procedures for Enforcing This Code
The Chancellor shall adopt procedures to ensure students are afforded appropriate notice and an opportunity to be heard before the University imposes any sanction for a violation of the Student Conduct Code.
Application of This Code
Sanctions for the conduct listed above can be imposed on applicants, enrolled students, students between academic terms, graduates awaiting degrees, and students who withdraw from school while a disciplinary matter is pending. Conduct that threatens the safety or security of the campus community, or substantially disrupts the functions or operation of the University is within the jurisdiction of this Article regardless of whether it occurs on or off campus. Nothing in this Code may conflict with Education Code Section 66301 that prohibits disciplinary action against students based on behavior protected by the First Amendment.
Summary of Civil and Criminal Penalties for Violation of Federal Copyright Laws
As referenced earlier in Student Conduct (15) (G), the penalties for copyright infringement include civil and criminal penalties. In general, 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 work 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. §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 and 18 U.S.C. §2319).
Title 5, California Code of Regulations, 41302. Disposition of Fees: Campus Emergency; Interim Suspension.
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.
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 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.
University Alcohol and Drug Policies
California State University, Fullerton has specific policies related to the use of alcohol and other drugs, including President’s Directive Number One: University Policy Regarding the Possession, Manufacturing, Sale, Furnishing Without Charge, and Consumption of Alcoholic Beverages and Other Drugs in a University Workplace or Residence Facility. The full text of this policy and other policies related to the use of alcohol and other drugs can be found online at fullerton.edu/alcohol_drug_info.
Parking on Campus
Parking permits are required 7 a.m. to 10 p.m., Monday through Thursday and 7 a.m. to 5 p.m., Friday. Red curbs/fire lanes, spaces designated for disabled persons, service/maintenance spaces, state-vehicle-only spaces, loading zones (white and yellow curbs and posted time limits) are enforced 24 hours a day. It is a violation to stop, stand or wait in parking facility drive aisles for a parking space; vehicles will be cited. There are no grace periods at the start of the semester; vehicles not displaying a current parking permit will be cited. Parking permits are not transferable and are valid only when purchased from CSUF Parking and Transportation. Vehicles displaying a lost or stolen parking permit will be cited.
Student semester and daily parking permits are valid in the following parking facilities: Lots A, D, E, G, S, all parking structures and Irvine Campus student parking spaces. After 6 p.m. semester and daily permits are valid in lots A Faculty/Staff, E Faculty/Staff, C-West, and C-East. After 4 p.m., student semester and daily parking permits are valid in the College Park faculty/staff parking area. Faculty/staff parking lots F, H and I are designated for faculty/staff only at all times. Residents are eligible to purchase a Resident Parking Permit. The resident Parking Permit is valid in the following locations: Resident Hall Lot, Resident Hall Parking Structure, Lots A and G, West Campus Drive, East Campus Drive. From 6pm-&pm, the Resident Parking Permit is valid in all student parking areas.
Semester permits are available for purchase online by logging in to the campus portal, and accessing the Parking icon. Daily permits can be purchased from permit dispenser machines located in lots A, D G and S, Arts Drive and all Parking Structures. Daily permit dispenser machines are also available at the Irvine Campus. A current DMV disabled person placard or license plate and valid CSU Fullerton parking permit must be displayed in a vehicle while parked in a space designated for disabled persons. Parking fees and regulations are subject to change without notification. Visit the Parking and Transportation Services website at parking.fullerton.edu for current information.
Use of Bicycles and Skateboards on Campus
The University’s policy concerning the use of bicycles, skateboards and other forms of non-motor vehicle transportation is set forth in President’s Directive No. 16. For additional information, visit http:www.directive16.fullerton.edu/.
- Bicycles, scooters and roller skates may be used on campus under the following conditions:
- Pedestrians have the right-of-way at all times.
- Individuals using bicycles, scooters or roller skates must comply with all applicable laws and regulations, exercise due care, and use reasonable caution to prevent injury and damage to property.
- Bicycles, rollers skates and scooters may not be used on posted walkways; in the quad; on grass or in planters; in buildings or parking structures; on steps, benches or rails; or other areas as posted.
- Bicycles, roller skates and scooters may be used on walkways or in the quad for instructional purposes or whenever parking fee requirements are not enforced.
- Skateboards, hoverboards and motorized skateboards may not be used on campus.
- Motorized bicycles and scooters may only be operated on campus roadways.
- Motorized bicycles, motorized scooters and motorized skateboards may not be stored inside any building, including the residence halls, without written authorization.
- Non-motor vehicle forms of transportation may be used on campus or any property controlled by the University to accommodate a disability with written authorization.
University Police Department
Campus Emergency - dial 911
The University Police is a full-service police department serving Cal State Fullerton and the Irvine Campus. The Department is made up of the following units:
- Police Administration
- Patrol Operations
- Emergency Preparedness
- Crime Prevention
- Clery Disclosure Compliance
The department’s various units provide a wide range of services, both traditional and nontraditional. In addition, all CSUF police officers are sworn police officers that are graduates of State accredited Police Academies. We investigate all crimes on campus and strictly enforce Penal Code and Vehicle Code violations. Our department has a very close working relationship with all surrounding police departments, and we are contacted when any major crime occurs off campus at any student organization. Our common goal is to assure that our campus is a safe place to study, teach, work, reside and visit.
Crimes on Campus
The majority of crimes on and around the campus are crimes of opportunity. They primarily involve property thefts, such as bicycles, backpacks and books; thefts from vehicles and auto thefts. Personal assaults occasionally occur, but are uncommon on Cal State Fullerton campuses.
Alcohol and drug use is a societal problem, and therefore, Cal State Fullerton is no exception. Although these problems do occur on campus, they are experienced on a much smaller scale. Alcoholic beverages may be consumed by those over (21) years of age at the campus Pub, at designated sporting events, at special events authorized by the president and inside campus housing rooms for legal age residents and guests. All State and Federal drug laws are strictly enforced and violators will be prosecuted to the fullest. The University Police offers substance abuse education programs, and works closely with counselors at the Student Health Center and Counseling and Psychological Services.
Crime prevention awareness is a major factor in reducing these types of crimes. We encourage members of our campus community to act responsibly by securing their property and reporting suspicious activities immediately to the University Police.
Crime Prevention Programs
Crime prevention is citizen awareness and participation. It is a willingness to look out for one another, to report suspicious activities immediately to the University Police Department and to become involved in the safety and security of the campus.
The University Police Department, in conjunction with the WoMen’s/Adult Reentry Center, provides presentations on personal safety and rape awareness (R.A.D.) several times throughout the school year. Other crime prevention programs that are offered include drug and alcohol awareness, stalking, active shooter and hazing. In addition, programs are offered in prevention of campus violence.
How to Contact Us
The California State University, Fullerton Police Department is located at the corner of State College Boulevard and Gymnasium Drive. The Police Department is open 24 hours a day, seven days a week, including holidays. The campus is never without police protection.
Many criminals escape detection and arrest because a citizen will observe suspicious persons or possible criminal activities and fail to report them. Members of the campus community can help by becoming aware of their surroundings and developing a perception of what seems out of place or out of the ordinary. It may be something as simple as a door-to-door salesperson attempting to solicit at the residence halls, a vehicle parked in an unusual location late at night, or someone just hanging around. What one reports may be an innocent activity. However, it could also be serious criminal activity about to happen or actually occurring. Report suspicious activities immediately to the University Police Department. We want you to call, and we don’t mind if the incident doesn’t turn out to be a crime in progress. Only if you call, can we respond and suppress potential criminal activity.
How to Summon Assistance
Emergency assistance on campus may be obtained by dialing 911 from any office or campus phone, your cell phone, or from any residence or pay phone. Dialing this number connects the caller immediately with the University Police Department, which will respond with whatever assistance is needed (i.e., paramedics, ambulance, fire department, first-aid or police assistance).
If you are outside on the campus grounds when an emergency occurs and a telephone is not available, you may use one of the numerous emergency telephones located throughout the campus. The emergency telephones are identifiable as blue speaker telephone light towers, with blue lights atop, which are wired directly to the University Police Department for immediate response.
Annual Campus Security Report
Under the Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act, the University annually collects and reports information about campus crime and sets forth its security policies. This report is available for review on the University Police website at http://police.fullerton.edu/.
Tuition and Fees and Debts Owed to the Institution
Should a student or former student fail to pay a fee or a debt owed to the institution, the institution may “withhold permission to register, to use facilities for which a fee is authorized to be charged, to receive services, materials, food or merchandise or any combination of the above from any person owing a debt” until the debt is paid (see Title 5, California Code of Regulations, Sections 42380 and 42381).
Prospective students who register for courses offered by the University are obligated for the payment of fees associated with registration for those courses. Failure to cancel registration in any course for an academic term prior to the first day of the academic term gives rise to an obligation to pay student fees including any tuition for the reservation of space in the course.
The institution may withhold permission to register or to receive official transcripts of grades or other services offered by the institution from anyone owing fees or another debt to the institution. The institution may also report the debt to a credit bureau, offset the amount due against any future state tax refunds due the student, refer the debt to an outside collection agency and/or charge the student actual and reasonable collection costs, including reasonable attorney fees if litigation is necessary, in collecting any amount not paid when due.
If a person believes he or she does not owe all or part of an asserted unpaid obligation, that person may contact the Student Financial Services Office. The Student Financial Services Office, or another office on campus to which the Student Financial Office may refer the person, will review all pertinent information provided by the person and available to the campus and will advise the person of its conclusions.
Race, Color, Ethnicity, National Origin, Age, Genetic Information, 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. Gail Brooks, Interim Vice President for Human Resources, Diversity and Inclusion, has been designated to coordinate the efforts of California State University, Fullerton to comply with all applicable federal and state laws prohibiting discrimination on these bases. Inquiries concerning compliance may be presented to this person at California State University, Fullerton, 2600 E. Nutwood Ave., Suite 760, Fullerton, CA, 92831; 657-278-8213. CSU Executive Order 1097 (calstate.edu/EO/EO-1097-rev-6-23-15.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.
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. Gail Brooks, Interim Vice President for Human Resources, Diversity and Inclusion, has been designated to coordinate the efforts of Cal State Fullerton 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 California State University, Fullerton, 2600 E. Nutwood Ave., Suite 760, Fullerton, CA, 92831; 657-278-8213. CSU Executive Order 1097 (calstate.edu/EO/EO-1097-rev-6-23-15.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. Gail Brooks, Interim Vice President for Human Resources, Diversity and Inclusion, has been designated to coordinate the efforts of Cal State Fullerton. to comply with all applicable federal and state laws prohibiting discrimination on these bases. Inquiries concerning compliance may be presented to Mary Becerra, Title IX Coordinator,
California State University, Fullerton, 800 N. State College Blvd., LH-809, Fullerton, CA, 92831; 657-278-2850. The California State University is committed to providing equal opportunities to all CSU students in all campus programs, including intercollegiate athletics.
Title IX of the Education Amendments of 1972 protects all people regardless of their gender, gender identity or gender expression from sex discrimination, which includes sexual harassment and violence:
- Sexual discrimination means an adverse act taken against an individual because of gender or sex (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 verbal, nonverbal or physical 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 harassment could include being forced to engage in unwanted sexual contact as a condition of membership in a student organization; being subjected to video or photographic exploitation, or a campaign of sexually explicit graffiti; or frequently being exposed to unwanted images of a sexual nature in a classroom that are unrelated to the coursework. University policy covers unwelcome conduct of a sexual nature. While romantic, sexual, intimate, personal or social relationships between members of the University community may begin as consensual, they may evolve into situations that lead to sexual harassment or sexual misconduct, including dating or domestic violence, or stalking.
- Sexual misconduct: All sexual activity between members of the University community must be based on affirmative consent. 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. Sexual activity includes, but is not limited to, kissing, touching intimate body parts, fondling, intercourse, penetration of any body part, and oral sex. It also includes any unwelcome physical acts, such as unwelcome sexual touching, sexual assault, sexual battery, rape, and dating violence. When based on gender, domestic violence or stalking also constitutes sexual misconduct. Sexual misconduct may include using 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) to engage in sexual activity. Men as well as women can be victims of these forms of sexual misconduct. Sexual activity with a minor is never consensual when the complainant is under 18 years old, because the minor is considered incapable of giving consent.
- Sexual assault is a form of sexual misconduct 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 misconduct and is any willful and unlawful use of force or violence upon the person of another because of that person’s gender or sex as well as touching an intimate part of another person against that person’s will and for the purpose of sexual arousal, gratification or abuse.
- Rape is a form of sexual misconduct 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 respondent’s relationship to the person (such as family member, spouse, friend, acquaintance or stranger) is irrelevant.
- Acquaintance rape is a form of sexual misconduct 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.
- Affirmative consent means an informed, affirmative, conscious, voluntary, and mutual agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that s/he has the affirmative consent of the other participant(s) to engage in the sexual activity. Lack of protest or resistance does not mean consent nor does silence mean consent. Affirmative consent must be voluntary, and given without coercion, force, threats or intimidation.
- The existence of a dating or social relationship between those involved, or the fact of past sexual activities between them, should never by itself be assumed to be an indicator of affirmative consent. A request for someone to use a condom or birth control does not, in and of itself, constitute affirmative consent.
- Affirmative consent can be withdrawn or revoked. Consent to one form of sexual activity (or sexual act) does not constitute consent to other forms of sexual activity. Consent given to sexual activity on one occasion does not constitute consent on another occasion. There must always be mutual and affirmative consent to engage in sexual activity. Consent must be ongoing throughout a sexual activity and can be revoked at any time, including after penetration. Once consent is withdrawn or revoked, the sexual activity must stop immediately.
- A person who is incapacitated cannot give affirmative consent. A person is unable to consent when s/he is asleep, unconscious or is incapacitated due to the influence of drugs, alcohol, or medication so that s/he could not understand the fact, nature or extent of the sexual activity. A person is incapacitated if s/he lacks the physical and/or mental ability to make informed, rational decisions. 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 decision- making capacity, awareness of consequences, and ability to make fully informed judgments. A person’s own intoxication or incapacitation from drugs or alcohol does not diminish that person’s responsibility to obtain affirmative consent before engaging in sexual activity.
- A person with a medical or mental disability may also lack the capacity to give consent.
- Sexual activity with a minor (a person under 18 years old) is not consensual, because a minor is considered incapable of giving legal consent due to age.
- It shall not be a valid excuse that a person affirmatively consented to the sexual activity if the respondent knew or reasonably should have known that the person was unable to consent to the sexual activity under any of the following circumstances:
- The person was asleep or unconscious;
- The person was incapacitated due to the influence of drugs, alcohol or medication, so that the person could not understand the fact, nature or extent of the sexual activity;
- The person was unable to communicate due to a mental or physical condition.
- It shall not be a valid excuse that the respondent believed that the person consented to the sexual activity under either of the following circumstances:
- The respondent’s belief in affirmative consent arose from the intoxication or recklessness of the respondent;
- The respondent did not take reasonable steps, in the circumstances known to the respondent at the time, to ascertain whether the person affirmatively consented.
- Consensual relationships: Consensual relationship means a sexual or romantic relationship between two persons who voluntarily enter into such a relationship. While sexual and/or romantic relationships between members of the University community may begin as consensual, they may evolve into situations that lead to discrimination, harassment, retaliation, sexual misconduct, dating or domestic violence, or stalking.
- A University employee shall not enter into a consensual relationship with a student or employee over whom s/he exercises direct or otherwise significant academic, administrative, supervisory, evaluative, counseling, or extracurricular authority. In the event such a relationship already exists, each campus shall develop a procedure to reassign such authority to avoid violations of policy.
- This prohibition does not limit the right of an employee to make a recommendation on the personnel matters concerning a family or household member where the right to make recommendations on such personnel matters is explicitly provided for in the applicable collective bargaining agreement or MPP/confidential personnel plan.
- Domestic violence 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. It does not include roommates who do not have a romantic, intimate, or sexual 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. For purposes of this definition, “abuse” means intentionally or recklessly causing or attempting to cause bodily injury or placing another person in reasonable apprehension of imminent serious bodily injury to himself or herself, or another. Abuse does not include non-physical, emotional distress or injury.
- Dating violence 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. For purposes of this definition, “abuse” means intentionally or recklessly causing or attempting to cause bodily injury or placing another person in reasonable apprehension of imminent serious bodily injury to himself or herself, or another. Abuse does not include non-physical, emotional distress or injury.
- Stalking means a repeated course of conduct directed at a specific person that would cause a reasonable person to fear for his/her or others’ safety or to suffer substantial emotional distress. For purposes of this definition:
- Course of conduct means two or more acts, including but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveys, threatens, or communicates to or about a person, or interferes with a person’s property;
- Reasonable person means a reasonable person under similar circumstances and with the same protected status as the complainant;
- Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
See further information in Cal State Fullerton’s 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://hr.fullerton.edu/faculty_staff_relations/SexualViolencePrevention.asp.
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 misconduct); 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 Coordinator
Mary Becerra, Title IX Coordinator
California State University, Fullerton, 800 N. State College Blvd., LH-809 Fullerton, CA, 92831; firstname.lastname@example.org
8 a.m.-5 p.m.
Captain John Brockie
California State University, Fullerton, 800 N. State College Blvd., Fullerton, CA, 92831; email@example.com
U.S. Department of Education, Office for Civil Rights:
800-421-3481 or firstname.lastname@example.org
If you wish to fill out a complaint form online with the OCR, you may do so at: http://www2.ed.gov/about/offices/list/ocr/complaintintro.html.
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 misconduct as well as provide training, education and preventive measures related to sex discrimination. CSU Executive Order 1097 (calstate.edu/EO/EO-1097-rev-6-23-15.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 as provided below under confidentiality and sexual misconduct, dating violence, domestic violence, and stalking, any University employee who knows or has reason to know of allegations or acts that violate University policy shall promptly inform the Title IX Coordinator. These employees are required to disclose all information including the names of the parties, even where the person has requested that his/her name remain confidential. The Title IX Coordinator will determine whether confidentiality is appropriate given the circumstances of each such incident (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 misconduct, 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/misconduct, 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 misconduct; therefore, victims should not be deterred from reporting incidents of sexual misconduct 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 misconduct 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 misconduct 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, up to including suspension or expulsion. 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 misconduct will be subject to discipline, pursuant to the California State University Student Conduct Procedures (see Executive Order 1098 at calstate.edu/EO/EO-1098-rev-6-23-15.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 but not be limited to: 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 misconduct, dating violence, domestic violence, or stalking (collectively sexual misconduct) 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 Licensed Counselors, Licensed Clinical Social Workers and Clergy - Physicians, psychotherapists, professional, licensed counselors, licensed clinical social workers, and clergy who work or volunteer on or off campus, acting solely in those roles or capacities as part of their employment, and who provide medical or mental health treatment or counseling (and those who act under their supervision, including all individuals who work or volunteer in their centers and offices) may not report any information about an incident of sexual misconduct 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, licensed clinical social workers, 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 those who act in that role under their supervision, along with non-professional counselors or advocates who or volunteer in sexual assault centers, victim advocacy offices, women’s centers, gender equity centers, or health centers) may talk to a victim without revealing any information about the victim and the incident of sexual misconduct 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 licensed counselor, licensed clinical social worker, 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 misconduct, 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, licensed clinical social workers, 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 misconduct, 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 misconduct incidents when they are on notice of it. When a victim tells the Title IX Coordinator or another University employee about a sexual misconduct 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 misconduct directly to the campus Title IX Coordinator. As detailed above, all University employees except physicians, licensed professional counselors, licensed clinical social workers, 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 misconduct incident except as otherwise required by law or University policy. A sexual misconduct 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 misconduct. 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 (calstate.edu/EO/EO-1095.pdf).
California State University, Fullerton’s Sexual Violence Prevention and Education Statement
California State University, Fullerton’s Sexual Violence Prevention and Education Statement,which includes facts and myths about sexual violence, at http://hr.fullerton.edu/faculty_staff_relations/sexualviolencePrevention.asp
U.S. Department of Education, regional office:
Office for Civil Rights
50 Beale Street, Suite 7200
San Francisco, CA 94105
TDD (877) 521-2172
U.S. Department of Education, national office:
Office for Civil Rights
California Coalition Against Sexual Assault:
1215 K. Street, Suite 1850
Sacramento, CA 95814
Know Your Rights about Title IX
California Coalition Against Sexual Assault (http://calcasa.org/)
1215 K. Street, Suite 1850
Sacramento, CA 95814
Domestic and Family Violence, Office of Justice Programs, United States Department of Justice
National Institute of Justice: Intimate Partner Violence, Office of Justice Programs, United States Department of Justice
National Domestic Violence Hotline
Office of Violence against Women, United States Department of Justice
Centers for Disease Control and Prevention: Intimate Partner Violence
Defending Childhood, United States Department of Justice
Local Community Resource Information:
Community Service Programs
1221 E. Dyer Road, Suite 120, Santa Ana, CA 92705
24 hours/7 days a week via rape crisis hotline
Right of Petition
Students may petition for review of certain University academic regulations when unusual circumstances exist. It should be noted, however, that academic regulations, when they are contained in Title 5, California Code of Regulations, are not subject to petition.
Petition forms are available in the Office of Admissions and Records. The University Petitions Committee will take action on the petition based on recommendations provided by appropriate officers and the student will be notified of the decision in writing. Results of the action will be placed in the student’s file in the Office of Admissions and Records.
The petitions committee members shall consist of the associate dean of each college, or designee, an academic programs representative, the director of the Academic Advising Center, one faculty member of the University General Education Committee, and the University registrar, or designee, who will serve as the secretary.
Right of Nonparticipation
University activities either within or outside of the classroom involve varying degrees of risk to the participants. It is University policy that the instructor directing such activities reviews with potential participants the specific nature of such risks and obtains from them their expressed or implied consent prior to undertaking activities.
The student who at any time comes to believe that the risks, whether physical or psychological, are excessive has the responsibility to withdraw from participation at the time and to inquire of the instructor if there are alternative means of fulfilling the requirements without penalty. If there are none, the student may petition for withdrawal from the course without penalty or appeal for an appropriate modification of the activity. The appeal may be made either to the chair of the department concerned or to the chair of the Institutional Review Board, or both.
Right of Academic Appeal
Please see “Academic Appeals ” in the “Student Affairs” section of this catalog.
Family Educational Rights and Privacy Act
President’s Directive No. 17 - Student Privacy and Education Records
The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their educational records. They are:
The Family Educational Rights and Privacy Act (“FERPA”) and California State University Executive Order 796 (“EO 796”) afford students the right to inspect and review their education records; request amendment of an education record believed to be in error or misleading; limit disclosure of personally identifiable information contained in an education record; and file a complaint with the U.S.
Department of Education concerning alleged failures by the University to comply with FERPA. Should a conflict arise between FERPA or EO 796 and this directive, FERPA or EO 796 will take precedent.
The Family Educational Rights and Privacy Act, 120 U.S.C. 1232g, 34 CFR 99, and CSU Executive Order 796.
This directive applies to the records of any student who is atten ding or has attended the University. They do not apply to records of applicants for admission who are denied acceptance or, if accepted, do not attend the University.
- Directory Information. A student’s name, date and place of birth, permanent and local address, University-recognized email address, telephone number, class level, enrollment status, major(s), minor(s), dates of attendance, degrees and awards received, previous educational institutions attended, and past and present participation in recognized activities. Directory information also includes weight and height if student is an athletic team member.
- Legitimate Educational Interest. A school official has a “legitimate educational interest” if the official must review an education record to fulfill their professional responsibility. The University faculty or staff member responsible for maintaining the requested record is responsible for determining whether a school official has a legitimate educational interest.
- School Official. A University or CSU system employee or volunteer in an administrative, academic, research or staff position, including law enforcement unit personnel and health staff; an individual or entity with whom the University has contracted to act for the institution or to provide services the institution would otherwise perform for itself, such as an attorney, auditor, or collection agent; an individual, including a student, serving on a CSU system or University committee, such as a disciplinary or grievance committee, or assisting another school official in performing their professional responsibility.
- School officials with a legitimate educational interest may access student records. In addition to school officials with a legitimate educational interest, the University may disclose Directory information (defined in Section IV. A). depending on the nature of the request and depending on the release category selected by a student. Students may choose to limit the release of their Directory information as described below:
- Permit release of all Directory information.
Unless restricted by a student, the University may release a student’s Directory information at any time to any requesting party, including the military and for the development of University-affiliated marketing programs. This is the default category for release of information.
- Permit release only Verification information.
This sub-category of Directory information consists of a student’s name, class level, enrollment status, major(s), minor(s), degrees and awards received, dates of attendance and University-recognized email address. The University may release this information in response to requests, including but not limited to those from campus auxiliaries, financial lenders, employers, the military or insurance companies for verification of degree and enrollment information; for inclusion in Commencement and honors materials. Students who release only Verification information will be excluded from all University directories, printed or electronic, that the University may produce or publish.
- Withhold release of all Directory information.
Withholding the release of all Directory information means that the student will be excluded from all University directories and publications that the University may produce or publish, including Commencement and honors materials, and the University will not verify degree, dates of attendance or enrollment information without the prior written consent of the student. There will be no release to the military or for marketing programs.
- Students wishing to review their education records must make a written request to the Vice President for Student Affairs. Requested education records as defined by FERPA will be made available for review within 45 working days of the request. Reasonable charges for copy costs will be applied.
- The University notifies students of their FERPA rights in its course catalog, University website, and annually via electronic mail.
- Students who believe their rights have been abridged may make a request in writing seeking assistance from the Vice President for Student Affairs, Langsdorf Hall 805, or The Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Ave., S.W., Washington, D.C., 20202-4605.
- The University will review bi-annually its information practices concerning student records to assess its compliance with FERPA, CSU Executive Order 796 and this directive. The Vice President for Student Affairs is responsible for ensuring the completion of these reviews.
- Any school official requiring access to student records must meet all training requirements established. This training must be completed prior to access being granted.
- Individuals who violate this directive are subject to appropriate disciplinary action pursuant to the applicable collective bargaining agreement and/or administrative policies or procedures.
- The contact for questions concerning this Directive is the Vice President for Student Affairs or his/her designee.
Reviewed and approved by President Milton A. Gordon, March 17, 2011
Use of Social Security Number
Applicants are required to include their correct social security numbers in designated places on applications for admission pursuant to the authority contained in Section 41201, Title 5, California Code of Regulations, and Section 6109 of the Internal Revenue Code (26 U.S.C. 6109). The University uses the social security number to identify students and their records including identification for purposes of financial aid eligibility and disbursement and the repayment of financial aid and other debts payable to the institution. Also, the Internal Revenue Service requires the University to file information returns that include the student’s social security number and other information such as the amount paid for qualified tuition, related expenses, and interest on educational loans. This information is used by the IRS to help determine whether a student, or a person claiming a student as a dependent, may take a credit or deduction to reduce federal income taxes.
Student Complaint Procedure
The California State University takes very seriously complaints and concerns regarding the institution. If you have a complaint regarding the CSU, you may present your complaint as follows:
- If your complaint concerns CSU’s compliance with academic program quality and accrediting standards, you may present your complaint to the Western Association of Schools and Colleges (WASC) at http://www.wascsenior.org/comments. WASC is the agency that accredits the CSU’s academic program.
- If your complaint concerns an alleged violation by CSU of a state law, including laws prohibiting fraud and false advertising, you may present your claim to Michelle Tapper, Interim Title IX Administrator, 657-278-4207, email@example.com. The interm Title IX administrator will provide guidance on the appropriate campus process for addressing your particular issue.
If you believe that your complaint warrants further attention after you have exhausted all the steps outlined by the president or designee, or by WASC, you may file an appeal with the Associate Vice Chancellor, Academic Affairs at the CSU Chancellor’s Office. This procedure should not be construed to limit any right that you may have to take civil or criminal legal action to resolve your complaint.