SEXUAL ASSAULT POLICY

PM 96-01

1.0     OBJECTIVES 

1.1.            California State University, Dominguez Hills is committed to providing an optimal environment for growth and learning that is free from sexual assault.  The campus community has a right to pursue these goals in an atmosphere conducive to personal safety.

1.2.            All forms of sexual assault are acts of aggression or violence against individuals. A sexual assault perpetrated on campus, on off-campus grounds or facilities maintained by the University, at facilities maintained by affiliated student organizations, or at off-campus University-sponsored activities will be investigated for possible disciplinary actions and/or criminal prosecution.

1.3.            Allegations of sexual assault committed on campus shall be investigated by the California State University Police. Allegations of sexual assault committed off campus shall be investigated by police agencies with appropriate jurisdiction.

1.4.            Any person who has committed sexual assault in violation of applicable University policies and the California Penal Code is subject to arrest and prosecution and campus imposed discipline up to and including termination of employment, and/or suspension, and/or expulsion from the University.

 

2.0     DEFINITION OF SEXUAL ASSAULT

2.1.            Sexual assault and rape are described and defined in full by the California Penal Code.

2.2.            “Sexual Assault” includes, but is not limited to, rape, acquaintance rape, unlawful sexual intercourse, rape by a foreign object, forced oral copulation, forced sodomy, sexual battery, and threat of sexual assault.(Reference: California Penal Code, Section 67385(d)).

2.3.            “Rape” is forced sexual intercourse that is perpetrated against the will of a person or when the person is unable to give consent (e.g., unconscious, asleep, or under the influence of alcohol or drugs) and may involve physical violence, coercion, or the threat of harm to the individual. (Reference: California Penal Code, Section 261, et. seq.).

2.4.            “Acquaintance Rape” is forced sexual intercourse undertaken by someone the victim knows, against the will of the victim, or as a result of threats, force, or fear. (Reference: CSU Long Beach policy on sexual assault).

2.5.            “Unlawful Sexual Intercourse” occurs when an adult has sexual intercourse with a minor who is not their spouse. A “minor” is a person under the age of 18 years and an “adult” is a person who is at least 18 years of age.(Reference: California Penal Code, Section 262).

2.6.            “Rape by a Foreign Object” occurs when penetration, however slight, of the genital or anal openings of any person is accomplished against the victim’s will through the use of force, violence, duress, menace, or fear of immediate injury to the victim or another persons.  (Reference: California Penal Code, Section 289).

2.7.            “Forced Oral Copulation” occurs when the mouth of one person joins the sexual organ or anus of another person against the victim’s will; by means of force, violence, duress, menace, or fear of immediate injury to the victim or another person. (Reference: California Penal Code, Section 288).

2.8.            “Forced Sodomy” occurs when contact however slight between the penis of one person and the anus of another person is accomplished against the victim’s will. (Reference: California Penal Code, Section 286).

2.9.            “Sexual Battery” refers to touching an intimate part of another person against the will of the person touched and with specific intent to achieve sexual arousal, gratification, or sexual abuse. (Reference: California Penal Code, Section 243.4).

2.10.        “Consent” is defined as positive cooperation in an actor attitude pursuant to an exercise of free will. The person must act freely and voluntarily and have knowledge of the nature of the act or transaction involved.  A current or previous dating or marital relationship is not sufficient to constitute consent where, under specified conditions, consent is at issue.(Reference: California Penal Code, Sections 261.6; 266).

2.11.        “Threat of Sexual Assault” includes, but is not limited to, a threat to commit rape, acquaintance rape, unlawful sexual intercourse, rape by a foreign object, forced oral copulation, forced sodomy, or sexual battery.

 

3.0       PROCEDURES FOR NOTIFICATION OF A SEXUAL ASSAULT

3.1.     Any victim or witness of a sexual assault is strongly encouraged to report the incident to the California State University Police (University Police).  Protection of the identity of the victim will be of the highest priority.  If the victim reports a sexual assault to someone on campus other than the California State University Police, that person should encourage the victim to contact the University Police.

3.2.         Victims will receive information on services and resources at the following campus locations:

3.2.1.      California State University Police Department: (310) 243-3639.

3.2.2.      Division of Student Affairs: (310) 243-3784.

3.2.3.      Health Center: (310) 243-3629.

3.2.4.      Office of Student Life: (310) 243-2081.

3.2.5.      Student Psychological Counseling Services: (310)243-3818.

3.2.6.      University Housing Office: (310)243-2228.

3.2.7.      Women’s Resource Center. (The Center is currently closed but is it the intent of the University to reopen it at some point in the future.)

3.3.         Victims will receive information on services and resources at the following off-campus locations:

3.3.1.      Peace and Joy Care Center: 1693 E. Del Amo Blvd., Carson, CA90746. (310)898-3115; (310)886-3612.

3.3.2.      YWCA of Greater LA Sexual Assault Crisis Program: 1600 E. Compton Blvd. Compton, CA 90221. (310) 763-9995; fax: (310) 763-9590.

3.3.3.      Interval House: 6615 East Pacific Coast Highway, Suite170 Long Beach, CA. 90803. (562) 594-4555; (714) 891-8121.

3.4.            Victims may review the phone numbers and links for the above locations at the following website: www.csudh.edu/Assets/CSUDH-Sites/HR/docs/Guidelines-Procedures-Forms/sexual-assault-services-and-resources.pdf

 

4.0       RESPONSIBILITIES OF THE CALIFORNIA STATE UNIVERSITYPOLICE

4.1.     All reports of sexual assaults committed on campus will be investigated by the University Police in accordance with established procedures and guidelines.

4.2.       Further information may be reviewed at the following website: www.csudh.edu/dhpd/clery/sexual-assault

 

5.0.            PROCEDURES AND GUIDELINES FOR CAMPUS DISCIPLINARYACTION

5.1.            Students and employees who commit a sexual assault may also be subject to the following possible disciplinary investigations and sanctions.

5.2.            The President’s Committee on Violence in the Workplace (COV), created pursuant to PM 03-01(as revised), shall review allegations of sexual assault for the purpose of campus disciplinary action.

5. 2.1.        For the purposes of this policy, the COV shall adhere to investigatory procedures established pursuant to PM 03-01 (as revised).

5. 2.2.         The COV shall meet to review the results of the investigation and issue a recommendation to the President for formal action, including possible disciplinary sanctions.

5. 2.3.         Any actions of discipline against an employee or student are subject to the appropriate collective bargaining agreement, policy for non-represented employees, or the University Code of Student Conduct (EO #1043).

5. 2.4.          Victims of asexual assault are entitled to information regarding the result of any actions of discipline.

 

5.3       Student Disciplinary Cases

5. 3.1. In cases where the accused is a student or student organization, the President’s decision and COV report shall be made to the Vice President for Enrollment Management & Student Affairs.

5. 3.2.The Vice President for Enrollment Management & Student Affairs shall implement disciplinary sanctions in accordance with the President’s decision and COV report.

5. 3.3. The severity of sanctions applied in cases of sexual assault will depend on the nature of the case and the degree of complicity.  Possible sanctions for students found guilty of such charges shall include, but are not limited to

  • Expulsion;
  • Suspension for a specific time;
  • Barring of access to the campus; and
  • Disciplinary probation for a specific time.

5. 3.4. All current policies regarding confidentiality and students’ records shall be followed in accordance with federal and state laws and CSU policies.

 

5.4.           Employee Disciplinary Cases

5. 4.1. In cases where the accused is a non-faculty employee of the University, the President’s decision and COV report shall be made to the Vice President for Administration and Finance. The Vice President for Administration and Finance shall implement disciplinary sanctions in accordance with the President’s decision and COV report.

5. 4.2. In cases where the accused is a member of the faculty of the University, the President’s decision and COV report shall be made to the Provost/Vice President for Academic Affairs in accordance with section 5.4.3 of this policy.  The Provost/Vice President for Academic Affairs shall implement disciplinary sanctions in accordance with the President’s decision and COV report.

5. 4.3. Any disciplinary sanction of an employee shall be made pursuant to the applicable provisions of the relevant collective bargaining agreement or the relevant policy for non-represented employees.

5. 4.4. Possible University imposed sanctions for an employee found guilty of such charges shall include, but are not limited to

  • Termination;
  • Suspension for a specific time; and
  • Formal reprimand.

Please see section 4 above for possible criminal sanctions.

 

6.0.            RESOURCES AND SERVICES

6.1.            Any student, member of the faculty, or staff member of the University who is or has been the victim of a sexual assault on campus or at a campus-sponsored event is entitled to receive support services available on campus.

6.2.            Counseling services are provided through the Student Health Center and Psychological Services and the Student Development Office. Staff who have been trained in working with victims of sexual assault and other violent crime must be available in each unit.

6.2.1          The University will provide training on sexual assault procedures and issues as needed.

6.3.            Victims of sexual assaults that occur on campus can receive first aid and urgent care in the Student Health Center. Individuals needing a full medical evaluation, including evidence collection, may be referred and transported to a local emergency care facility or hospital equipped to provide those services.

The Student Health Center will also provide follow-up care to sexual assault victims, including STD and pregnancy testing, referrals for HIV testing, or addressing other health concerns that may be indicated subsequent to the assault.

6.4.            Other offices on campus will as a matter of policy provide additional support services to students, including alternative housing assignments and academic assistance alternatives.  The Vice President for Enrollment Management and Student Affairs shall insure that student victims of sexual assault receive the necessary support services, as deemed appropriate.

6.5.            The State of California’s “Victims’ Bill of Rights” provides constitutional and statutory rights to victims of crime.  Provisions of the “Victims’ Bill of Rights” are posted on the Website of the State of California Office of the Attorney General at the following link: www.oag.ca.gov/victimservices.

 

7.0       PREVENTION

7.1.            The University may provide information about appropriate programs and resources.  Such information may include, but is not limited to

  • Training programs, including e-learning for faculty;
  • Pamphlets, brochures, and other written material;
  • Orientations for new students, faculty, and staff;
  • Orientations for returning students, faculty, and staff; and
  • Collaborative workshops, symposia, information booths, and other activities.
  • A copy of the campus safety plan can be viewed at the following webpage: www.csudh.edu/rm-ehos.

7.2.     Further information on campus health and safety may be obtained from the Office of Risk Management/Environmental Health and Occupational Safety (RM/EHOS), at the following link: www.csudh.edu/rm-ehos.

 

8.0.            LEGAL REPORTING REQUIREMENTS

8.1.            Statistics on sexual assaults must be made available by the University Police to those who inquire about the occurrence on campus.

8.2.            The University Police have responsibility for maintaining and submitting all required legal reporting regarding sexual assault.

8.3.          The campus has designated the Vice President for Administration and Finance as the person responsible for collecting data on incidents of sexual assault on campus and at campus-related events. The Vice President for Administration and Finance shall also be responsible for insuring that information on incidents of sexual assault is reported through the President to the CSU Chancellor’s Office.