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    CSU East Bay
   
 
  Sep 24, 2017
 
 
    
2016-2017 CSU East Bay Catalog [ARCHIVED CATALOG]

Appendix


Appendix page 

Click on any link for more information:

 

 

Policies, Standards and Procedures for Use of Alcohol and Other Drugs

The possession and/or consumption of alcoholic beverages by anyone under 21 years of age is prohibited at all times on campus, and is subject to the penalties imposed by state law and university policies.

Use of illicit drugs (including performance enhancing substances such as anabolic steroids) is forbidden.

Policy Violation and Sanctions

In the Workplace

Any faculty, staff, administrator or other employee who violates the policy on alcohol and other drugs shall be subject to corrective or disciplinary action up to, and including the possibility of dismissal, in accordance with appropriate collective bargaining agreements, CSU policies and state and federal law. At the discretion of the university, employees found to be in violation of university policy may be required to participate in a substance abuse program, employee assistance program, or other forms of counseling.

Students and Student Organizations

Students and/or student organizations who are alleged to have violated the policy on alcohol and other drugs will be required to meet with the Office ofStudent Conduct, Rights and Responsibilities. Corrective and educational sanctions will be assigned if it is determined that a violation has occurred.

  • Possible sanctions for individual students:
  1. Participation in an alcohol or other drug education program;
  2. Educational requirements;
  3. Disciplinary probation;
  4. Restitution for damages;
  5. Suspension;
  6. Expulsion.
  • Possible sanctions for student groups/organizations:
  1. Social probation for a specified period of time;
  2. Restitution for damages;
  3. Freezing of funds, if any are available;
  4. Report of violations to the national headquarters or offices of the organizations if such exist;
  5. Removal of officers from office;
  6. Loss of university recognition and access to campus support services. 
Alcohol and Other Drugs Risks and Resources

There are many documented risks associated with alcohol and other drug abuse affecting individuals, families and friends. Alcohol and other drug abuse can lead to serious health and social problems, including short and long-term effects on the body and mind. Additionally, alcohol and other drug abuse can affect academic, athletic, work performance, and can lead to violent or destructive behaviors. There is also a strong relationship between alcohol and other drug abuse and at-risk behaviors. 

Alcohol and other drug programs may be requested to supplement academic courses, educate studednt clubs/organizations, and to provide outreach to the campus community.  To request a program, please complete the online form at: http://www20.csueastbay.edu/students/campus-life/shcs/health-ed/preso-request-form.html.

CSUEB Campus and Community Resources

For Students: Student Health and Counseling Services (SHS): 510-885-3735

For Faculty and Staff: Employee Assistance Program (EAP):1-800-367-7474

Assessment and Referral: 1-800-486-1652

National Alcohol and Drug Treatment Referral: 1-800-454-8966

Alcoholics Anonymous Meetings: East Bay Central Office Directory, 510-839-8900 (24 hrs/day)

For additional information, including the complete Alcohol, Tobacco and Other Drugs Policy and list of community resources, please visit the ATODwebsite.

Alcohol, Tobacco and Other Drugs Advisory Council

The California State University, East Bay Alcohol, Tobacco and Other Drugs (ATOD) Advisory Council was established fall 2001 in response to the Chancellor’s directive that CSU campuses provide special attention to the development of alcohol, tobacco and other drugs policies and prevention programs. The ATOD Council includes representation from CSUEB students, staff, faculty and the community and is divided into five subcommittees:

  • Policy 
  • Assessment
  • Education and Prevention
  • Community/Treatment
  • Funding

The ATOD Advisory Council strives to:

  • Educate the campus community about alcohol, tobacco, and other drugs
  • Prevent and reduce problems associated with alcohol, tobacco, and other drugs use by CSUEB students, faculty, and staff
  • Decrease the amount of high risk drinking behaviors and the potential harm caused by alcohol
  • Decrease the amount of drugs usage and the potential harm caused by such usage

ATOD Advisory Council Subcommittee Goals:

  • The Policy Subcommittee updates and monitors compliance with university alcohol, tobacco, and other drugs policies.  In addition, the subcommittee ensures the dissemination of the CSU East Bay alcohol, tobacco, and other drugs policy.
  • The Assessment Subcommittee institutes a process to regularly assess alcohol, tobacco, and other drugs abuse prevention efforts.
  • The Education & Prevention Subcommittee educates the campus community regarding policies and issues related to alcohol, tobacco, and other drugs use.
  • The Community & Treatment Subcommittee collaborates with the campus and surrounding community to ensure access to treatment and other related resources.
  • The Funding Subcommittee ensures adequate funding for campus alcohol and other drugs abuse prevention activities.

CSU Biennial Alcohol Policy Report 2013-2015

 

California State University, East Bay Foundation, Inc.

California State University, East Bay Foundation, Inc. is a non-profit auxiliary organization within the California State University system. The Foundation contracts with Follett to manage the Pioneer Bookstore and receives grants from federal, state and local governments and private foundations on behalf of the Office of Sponsored Research and Programs in support of the University.

The CSUEB Foundation is governed by a board of directors comprised of faculty, students,staff, administrators and community members. The Foundation is incorporated as a nonprofit public benefit corporation and is exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code.

 

Cal State East Bay Educational Foundation

Cal State East Bay recognizes that the margin of excellence in institutions of higher education depends increasingly on external funding from alumni, corporations, foundations, and individual donors. In order to further the university’s mission of service to the region, the Cal State East Bay Educational Foundation was formed in 1990 to help forge partnerships with the private sector. The foundation is governed by a board of trustees which includes university leaders and prominent members of the community.

 

Career Information

Academic Advising and Career Education (AACE) will 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 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.

 

Credit Hour Defined

As of July 1, 2011 federal law (Title 34, Code of Federal Regulations, sections 600.2 and 600.4) requires all accredited institutions to comply with the federal definition of the credit hour. For all CSU degree programs and courses bearing academic credit,the “credit hour” is defined as:

  • ” the amount of work represented in intended learning outcomes and verified by evidence of student achievement that is an institutionally established equivalency that reasonably approximates not less than:
  1. One hour of classroom or direct faculty instruction and a minimum of two hours of out-of class student work each week for approximately fifteen weeks for one semester or trimester hour of credit, or ten to twelve weeks for one quarter hour of credit, or the equivalent amount of work over a different amount of time; or
  2. At least an equivalent amount of work as required in paragraph (1) of this definition for other academic activities as established by the institution, including laboratory work, internships, practica, studio work, and other academic work leading to the award of credit hours.”

A credit hour is assumed to be a 50-minute period. In courses, in which “seat time” does not apply, a credit hour may be measured by an equivalent amount of work, as demonstrated by student achievement.

 

Data Integrity Policy

Image of a binary sphere.Student, Faculty, and University Responsibilities to Ensure the Data Integrity of Academic Work
Purpose and Scope

The purpose of this policy is to establish the rights and responsibilities of students, faculty, and the university in regards to the loss, re-attempt, and/or resubmission of coursework data in the event of verified data or service loss. This policy applies to student and faculty interactions with academic systems or academic functions within more comprehensive systems and does not apply to administrative systems or functions.

Definitions of Data Loss
  • Catastrophic data loss is defined as the absolute corruption or destruction of data without any chance of recoverability on the part of its owner through data redundancy measures.
  • Data redundancy measures refer to the means and methods for saving and restoring copies of data prior to the point of its absolute corruption or destruction. This is more commonly known as making a “backup” of data.
  • Service loss is defined as the loss of services that interrupt and prevent the normal flow of academic work.
  • Examples of such services include the Learning Management System (LMS), other systems through which assignments are digitally submitted (for example, network drives), data housed on third-party applications such as Google, VoiceThread, or Pearson, or software provided by companies such as Wordpress.
Coursework Data

Coursework data is defined as digital products, materials, and works created, edited, and completed by the student or with which the student interacts as required by coursework specified by the instructor. Coursework data takes many forms, some of which include single data files (e.g. word processing files, presentation files, multimedia files), compressed archives (e.g. .zip files, .rar files), interactive coursework and assessments (e.g. online exams), and synchronous and asynchronous communication across multiple computing platforms (e.g. webinars, synchronous collaborative documents). While these examples represent a wide variety of the kinds of coursework data that may be required in a classroom, it is understood that the pace of change and innovation in technology introduces new and updated types of coursework data that may not be listed here but are also included as part of this policy.

Responsibilities for the Prevention or Management of Data Loss
  • Multiple individual users and groups are responsible for the prevention and restoration of data and service, and the mitigation of damage when irreversible loss occurs. These include: the university, third-party vendors, and end users.
    • The University
      • Data and/or service loss resulting from university systems is known as institutional data loss. The university is responsible for ensuring the integrity of services it provides, either directly, if the data resides on university servers, or indirectly, if the data resides on servers operated by third-party vendors. To minimize the impact of university systems failure, appropriate university personnel will
      • ensure that data is backed up on a regular schedule;
      • restore lost data as quickly as possible; and
      • communicate necessary information via Campus Announcements, including the appropriate requirements of this policy, and providing follow-up Campus Announcements regarding the status of services, as needed.
    • Third-party Vendors and Software
      • In the case of data or service loss by third-party vendors or the use of software not provided by the university, variations will occur depending on the stability and depth of the company providing data, services or software. Within its ability, the university will:
      • ensure that provisions related to the prevention and restoration of data and/or services are included in contracts, and also requirements that the vendor back up data regularly and notify the university when data or service loss occurs;
      • notify the third-party vendor of observable losses when noted at the university;
      • work with the third-party vendor to ensure that data is restored from the last back-up and/or that service is restored as quickly as possible;
      • ensure that the vendor provides appropriate communications to the university regarding the status of data and services; and
      • receive and interpret vendor communications and/or communicate necessary information via a Campus Announcement, invoking the appropriate requirements of this policy, as appropriate; and provide follow-up Campus Announcements regarding the status of data and services, as needed.
    • Campus Announcements should stipulate
      • the nature of the problem;
      • the actions being taken to resolve the problem; and
      • the anticipated recovery time, as soon as it is known.

While the university is indirectly responsible for working with third-party vendors and communicating appropriately to the user community, the university cannot be directly held responsible for third-party data losses. Further, should individual faculty, departments, or colleges contract with third-party vendors for data services without the knowledge, authorization, and approval of the institution, the individual, department, or college will be responsible for ensuring data integrity and communicating with the group of users involved in those services.

  • Individual Users 
    • Individual users (students and faculty) are responsible for preventing data loss by making backups of coursework data. The minimum recommended number of backups is two. Examples of backup methods include: flash drives, emailing documents to self, use of a third party service such as Carbonite, and backup to external drives. Regardless of the method chosen, backups should be conducted regularly and often, and individuals should “save” their work frequently throughout its creation.
    • It is also important to note that if an individual is working on a university computer (in offices, in the learning commons/library, or elsewhere on campus), the individual is responsible for making appropriate back-ups and saving often to ensure data integrity. Work being created by an individual during a computer crash is the responsibility of that individual. If back-ups are made sufficiently often, no or minimal loss should occur and restoration should be simple. The exception is if the data cannot be backed up regularly, e.g., during the taking of a test in BlackBoard.
Rights in the Case of Data Loss

In the case of data loss as a result of the failure of the university or third-party vendors, i.e., a loss that is not the responsibility of students or faculty, accommodations will be made to mitigate negative consequences that may result. Examples of system failures include:

  • unscheduled downtime (a “crash”), where an assignment is due between the time of the crash and the last system backup or the last possible restoration point in the case of a failed backup. This could occur in the LMS or in a computer lab;
  • unacceptable patterns of slowness/crash/partial recovery/full recovery occurring when assignments are due or online exams/quizzes/tests are underway, making it impossible for students to meet deadlines;
  • third-party service interruption or stoppage where students are unable to complete assignments or work by deadlines; and
  • power outages in computer labs during exams.

When possible, Information Technology will notify the university community of system failures, but not all will be immediately visible to a faculty member. If no Campus Announcement has been issued, faculty should verify any student-reported loss with the Information Technology Service Desk to determine if s/he should implement this policy.

It is understood that there are conditions that are beyond the control of an individual. As a result, faculty are advised to provide students with alternate means of submission in event of an application or browser failure or some other condition, and to include a description of these alternate means in their syllabi. Should data loss occur due to a student’s not fulfilling his/her responsibility to back up data appropriately, however, the student is responsible for that failure.

Policy Statements

When an institutional data loss or loss of service is verified by Information Technology Services (ITS) and noted on the learning management site (LMS), students will be allowed to resubmit coursework data and re-attempt tests within 72 hours of the implementation of data redundancy measures and the restoration of service by the institution as verified by ITS. If the window for completing coursework or tests is shorter than 72 hours, a new window (start-stop times) can be created by the faculty member, but a time frame of 72 hours takes into account the possibility that loss and restoration might occur over a weekend period.

For required third-party online sites, such as homework sites associated with publishers, the faculty member will post the method for notification of outages or malfunctions with his/her syllabus on Blackboard. Students shall be given at least 72 hours after restoration of service to complete assignments.

When data loss takes the form of a university computer lab failing during an examination period (for example, a blackout occurs during a midterm), the faculty member shall provide an appropriate accommodation for the resumption of the exam.

Beyond these conditions, students bear the sole responsibility for backing up their coursework data and ensuring data redundancy in the event of non-institutional data loss.

In addition, to providing statements in their syllabi about accommodations in case of data loss, faculty should also provide a statement to explain students’ responsibilities in regards to backing up their data. Suggesting phrasing is as follows:

 

“Accommodations will be made for systems failures beyond students’ control. These include:

[list accommodation information here] “

Remember!
  • Accommodations will not be made for failure to complete an assignment or project because data has not been backed up.
  • The “golden rule” for data is that it does not exist unless you back up your data in two or more places on at least two different types of media and make sure that the backup is not in a temporary file that will disappear when you close the program or shut down your compute
 

Immigration Requirements for Licensure

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 at https://www.gpo.gov/fdsys/pkg/CPRT-104WPRT27305/pdf/CPRT-104WPRT27305.pdf . More information at Cal State East Bay may be obtained through the Office of University Diversity.

(Students in Biological Science, Educational Psychology, Engineering, Kinesiology, Nursing, and Teacher Education, in particular should be aware of these provisions.)

 

Military Selective Service Act

The federal Military Selective Service Act (the “Act”) requires most males residing in the United States to present themselves for registration with the Selective Service System within thirty days of their eighteenth birthday. Most males between the ages of 18 and 25 must be registered. Males born after December 31, 1959 may be required to submit a statement of compliance with the Act and regulations in order to receive any grant, loan, or work assistance under specified provisions of existing federal law. In California, students subject to the Act who fail to register are also ineligible to receive any need-based student grants funded by the state or a public post-secondary institution.

Selective Service registration forms are available at any U.S. Post Office and many high schools have a staff member or teacher appointed as a Selective Service Registrar. Applicants for financial aid can also request that information provided on the Free Application for Federal Student Aid (FAFSA) be used to register them with the Selective Service. Information on the Selective Service System is available and the registration process may be initiated online at http://www.sss.gov.

 

Nondiscrimination Policy

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. Risk Management & Internal Control (Student Services and Administration Building), 510-885-4918; TTY 510-885-7592 has been designated to coordinate the efforts to comply with all applicable federal and state laws prohibiting discrimination on these bases.

Inquiries concerning compliance may be presented to the contact # above. CSU Executive Order 1097 (www.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.

Religious Observance

The faculty of California State University East Bay, welcoming the religious and spiritual diversity of our student body, recognize that upon occasion students’ religious observances may conflict with other requirements. California Education Code Section 89320 requires faculty to reschedule a test or examination, without penalty to the student, when the regularly scheduled test or examination conflicts with the student’s religious observances. Students with other scheduling conflicts related to religious observance should bring these to the attention of the instructor in a timely manner, so that the student will be accommodated, if at all possible.

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. The Director of Community Welfare & Coverage has been designated to coordinate the efforts of Cal State East Bay to comply with all applicable federal and state laws prohibiting discrimination on the basis of disability.

Inquiries concerning compliance may be presented to Jill Millican at Cal State East Bay, Risk Management and Internal Control, 25800 Campus Drive, Hayward, CA 94542, 510-885-4227.. CSU Executive Order 1097 (www.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. Risk Management and Internal Control has been designated to coordinate the efforts of Cal State East Bay to comply with all applicable federal and state laws prohibiting discrimination on these bases. Inquiries concerning compliance may be presented to Risk Management and Internal Control, California State University, East Bay, 25800 Carlos Bee Boulevard, Hayward, CA 94542-3026, 510-885-2743 (Voice), 510-885-7592 (TTY); Fax: 510-885-4690.

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, nonverbal 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 decisionmaking 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 East Bay’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://www.csueastbay.edu/af/departments/risk-management/risk/files/docs/eo-1095-attachment-c.pdf

Who 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.

CSUEB Title IX Coordinator: Terri Labeaux 25800 Carlos Bee Blvd. Hayward, CA 94542 510-885-4918 title9@csueastbay.edu Monday - Friday 8:30am - 5:00pm

CSUEB Title IX Officer: Nyassa Love Risk Management and Internal Control 25800 Carlos Bee Blvd. SA 4702 Hayward, CA 94542 510-885-2743 Monday - Friday 8:30am - 5:00pm

CSUEB Deputy Title IX Coordinators Bethany Hobbs-Helmus Intercollegiate Athletics 510-885-7624; Rebekah Rhodes Student Conduct, Rights, and Responsibilities 510-885-3763; Shirley Mar DHR Senior Investigator 510-885-4326

University Police Lieutenant Omar Miakhail 25800 Carlos Bee Blvd. Hayward, CA 94542 510-885-3791

Anonymous Phone Line: 510-885-2444

Hayward Police Department Special Victims Unit 300 W. Winton Ave. Hayward, CA (510) 293-7034 Non-emergency: (510) 293-7000

Concord Police Department Non-emergency: (925) 671-3220 Emergency: (925) 671-3333 from cell phone

Department of Education, Office for Civil Rights: (800) 421-3481 or ocr@ed.gov

If you wish to fill out a complaint form online with the OCR, you may do so at: 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 (www.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 www.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 Misconduct, 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.

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 nonprofessional 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 (www.calstate.edu/EO/EO-1095.pdf).

ADDITIONAL RESOURCES Cal State East Bay’s sexual misconduct prevention and education statement, which includes facts and myths about sexual misconduct, at http://www.csueastbay.edu/af/departments/risk-management/risk/files/docs/eo-1095-attachment-c.pdf

U.S. Department of Education, regional office:

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

California Coalition Against Sexual Assault:
1215 K. Street, Suite 1850
Sacramento, CA 95814
(916) 446-2520
http://calcasa.org/

Know Your Rights about Title IX www2.ed.gov/about/offices/list/ocr/docs/title-ix-rights-201104.html

Domestic and Family Violence, Office of Justice Programs, U.S. Department of Justice

National Institute of Justice: Intimate Partner Violence, Office of Justice Programs, U.S. Department of Justice

National Domestic Violence Hotline: 1-800-799-SAFE (7233)

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 Police:

Oakland Police Department Non-emergency: (510) 777-3333 Emergency: (510) 777-3211 from cell phone

BART Police Non-emergency: 1-877-679-7000

Alameda County Sheriff Emergency Services Dispatch: (510) 667-7721

East Bay Regional Parks Police Department Non-emergency, 24-hour: (510) 881-1833 Emergency: (510) 881-1121 from cell phone

 

Who qualifies for fee waivers & exemptions?

The California Education Code provides for the waiver of mandatory systemwide tuition fees as follows:

Section 66025.3 -Dependent eligible to receive assistance under Article 2 of Chapter 4 of Division 4 of the Military and Veterans Code; child of veteran of the United States military who has a service-connected disability, has been killed in service, or has died of a service-connected disability, and meets specified income provisions; dependent, or surviving spouse (who has not remarried) of a member of the California National Guard who, in the line of duty, and while in the active service of the state, was killed, died of a disability resulting from an event that occurred while in the active service of the state, or is permanently disabled as a result of an event that occurred while in the active service of the state; and undergraduate student who is a recipient of or child of a recipient of a Medal of Honor, under 27 years old, meets the income restriction and California residency requirement.

Section 68120 - Qualifying children and surviving spouses/registered domestic partners of deceased public law enforcement or fire suppression employees who were California residents and who were killed in the course of active law enforcement or fire suppression duties (referred to as Alan Pattee Scholarships); and

Section 68121 - Qualifying students enrolled in an undergraduate program who are the surviving dependent of any individual killed in the September 11, 2001 terrorist attacks on the World Trade Center in New York City, the Pentagon building in Washington, D.C., or the crash of United Airlines Flight 93 in southwestern Pennsylvania, if the student meets the financial need requirements set forth in Section 69432.7 for the Cal Grant A Program and either the surviving dependent or the individual killed in the attacks was a resident of California on September 11, 2001. Students who may
qualify for these benefits should contact the Admissions/Registrar’s Office for further information and/or an eligibility determination.

The California Education Code provides for the following nonresident tuition exemptions:

Section 68075.7 - Nonresident students are exempt from paying nonresident tuition or any other fee that is exclusively applicable to nonresident students if they:

  • (1) reside in California,
  • (2) meet the definition of “covered individual” as defined in subsection (c) of Section 3679 of Title 38 of the United States Code, as that provision read on July 1, 2015; and
  • (3) are eligible for education benefits under either the federal Montgomery GI Bill-Active Duty program or the Post-9/11 GI Bill program.

Section 68122 - Students who are victims of trafficking, domestic violence, and other serious crimes who have been granted T or U visa status are exempt from paying nonresident tuition if they:

  • (1) attended high school in California for three or more years;
  • (2) graduated from a California high school or attained the equivalent; and
  • (3) registered as an entering student or are currently enrolled at a CSU campus.

Section 68130.5 - Students who are not residents of California are exempt from paying nonresident tuition if they:

  • (1) attended high school in California for three or more years;
  • (2) graduated from a California high school or attained the equivalent; and
  • (3) registered as an entering student or are currently enrolled at a CSU campus.

In addition, students without lawful immigration status will be required to file an affidavit stating that they have filed an application to legalize their immigration status, or will file an application as soon as they are eligible to do so. This exemption from paying nonresident tuition does not apply to students who are non-immigrant aliens within the meaning of 8 United States Code 1101(a)(15), except as provided by Section 68122 above.

Additional exceptions from nonresident tuition, include:
  1. Persons below the age of 19 whose parents were residents of California but who left the state while the student, who remained, was still a minor. When the minor reaches age 18, the exception continues until the student has resided in the state the minimum time necessary to become a resident.
  2. Minors who have been present in California with the intent of acquiring residence for more than a year before the residence determination date, and entirely self-supporting for that period of time. The exception continues until the student has resided in the state the minimum time necessary to become a resident.
  3. Persons below the age of 19 who have lived with and been under the continuous direct care and control of an adult or adults, not a parent, for the two years immediately preceding the residence determination date. Such adult must have been a California resident for the most recent year. The exception continues until the student has resided in the state the minimum time necessary to become a resident.
  4. Dependent children and spouse of persons in active military service stationed in California on the residence determination date. There is no time limitation on this exception unless the military person transfers out of California or retires from military service. If either of those events happen, the student’s eligibility for this exception continues until he or she resides in the state the minimum time necessary to become a resident.
  5. Military personnel in active service stationed in California on the residence determination date for purposes other than education at state-supported institutions of higher education. This exception continues until the military personnel has resided in the state the minimum time necessary to become a resident.
  6. Military personnel in active service in California for more than one year immediately prior to being discharged from the military. Eligibility for this exception runs from the date the student is discharged from the military until the student has resided in state the minimum time necessary to become a resident.
  7. Dependent children of a parent who has been a California resident for the most recent year. This exception continues until the student has resided in the state the minimum time necessary to become a resident, so long as continuous attendance is maintained at an institution.
  8. Graduates of any school located in California that is operated by the United States Bureau of Indian Affairs, including, but not limited to, the Sherman Indian High School. The exception continues so long as continuous attendance is maintained by the student at an institution.
  9. Certain credentialed, full-time employees of California school districts.
  10. Full-time CSU employees and their children and spouse; State employees assigned to work outside the State and their children and spouse. This exception continues until the student has resided in the state the minimum time necessary to become a California resident.
  11. Children of deceased public law enforcement or fire suppression employees who were California residents and who were killed in the course of law enforcement or fire suppression duties.
  12. Certain amateur student athletes in training at the United States Olympic Training Center in Chula Vista, California. This exception continues until the student has resided in the state the minimum time necessary to become a resident.
  13. Federal civil service employees and their natural or adopted dependent children if the employee has moved to California as a result of a military mission realignment action that involves the relocation of at least 100 employees. This exception continues until the student has resided in the state the minimum time necessary to become a resident.
  14. State government legislative or executive fellowship program enrollees. The student ceases to be eligible for this exception when he or she is no longer enrolled in the qualifying fellowship.
For Additional Information

Students who may qualify for any of these benefits listed above should contact Enrollment Management for further information on the specific requirements and/or an eligibility determination.

 

Reporting Campus Emergencies

University Police Department WebsiteWhen reporting an on-campus emergency, call the following numbers:

On-campus Emergencies

Police, Fire, Medical:
911 from any phone

911 calls from cell phones are routed to Hayward Police Department, then back to University Police Department

Other frequently called numbers are:

On-Campus Non-Emergencies
  Non-Campus Phone use: On-Campus or White Phone use:
Police Business: 510.885.3791 x5-3791
Escort Service: 510.885.3791 x5-3791
Crime Prevention Service: 510.885.3791 x5-3791
Lost and Found Property: 510.885.3791 x5-3791
Anonymous Report: 510.885.2444 x5-2444
Parking Services: 510.885.3790 x5-3790
Student Health Services: 510.885.3735 x5-3735
Counseling and Psychological Services: 510.885.3690 x5-3690
University Information: 510.885.3000 x5-3000
Facilities Development & Operations 510.885.4444 x5-4444
Note: When using a non-campus phone, you must use the “885” prefix instead of “5” in the abouve extensions; when using a (white) campus phone, simply use the extensions.

 

 

Research with Human Subjects

Office of Research & Sponsored Programs WebsiteThe University has approved policies and procedures for the protection of human subjects in research, development, and related activities carried out by faculty, staff and students. An Institutional Review Board has been established to review research protocols in order to determine whether human subjects would be at risk and to protect their rights and welfare. Protocols must be approved before research commences. Further information and copies of the policy document may be obtained from the Office of Research and Sponsored Programs, LI 2300, 885-4212 or online at: http://www.csueastbay.edu/orsp/

  

Student Freedoms, Rights, and Responsibilities

California State University East Bay exists for the transmission of knowledge, the pursuit of truth, the development of students, and the general well-being of society. Free inquiry and free expression are indispensable to the attainment of these goals. As members of the academic community, students are encouraged and expected to develop the capacity for critical judgment, to accept appropriate responsibilities, and to engage in rational debate utilizing critical thinking, in a sustained and independent search for truth.

Freedom to teach and freedom to learn are inseparable components of academic freedom. The freedom to learn depends largely upon appropriate opportunities and conditions in the classroom, on the campuses and in the larger community. The responsibility to secure and to respect general conditions conducive to the freedom to teach and learn is shared by all members of the academic community.

The following standards and regulations on students’ freedoms, rights, and responsibilities are authorized by federal and state laws and by CSU policies:

Freedoms, Rights, and Responsibilities for Access and Retention

In all aspects of access to programs and services provided or sponsored by the institution, students have a right to be free from discrimination on the basis of individual attributes, including, but not limited to race, color, gender, age, disability, national origin, or sexual orientation. Admission to the university is limited by standards which are promulgated by the California legislature and the CSU Board of Trustees. Realities of the campus budget and facilities may impose additional constraints.

Beyond academic, fiscal, and physical limits to admission to the university, prospective and enrolled students have a right to unobstructed access to campus programs and services. In special cases, and with the CSU chancellor’s concurrence, selected degree programs may be given “impacted” status, which adds certain stipulations and/or restriction on access to those majors.

Students have a right to be informed about the institution’s policies for access and retention in order to take responsibility for making appropriate choices and to participate effectively in campus programs and services.  Issues regarding freedom of access should be referred to the supervisor(s) of the appropriate program or service first. If the matter is not resolved satisfactorily, the student has the right to refer the issue through administrative channels to the Vice Presidents, or to Academic Affairs.

Fundamental Freedoms, Rights, and Responsibilities

A basic component of the university mission statement is the value of diversity in background, interests, experiences, beliefs, and cultures. Faculty, staff and students represent a variety of interests. Students come to campus with unique experiences, and while on campus, as a result of their interaction in the formal classroom and co-curricular programs and activities, they continue to develop and expand their knowledge and pursuits.

  • In the Classroom
    • The institution maintains minimum standards in order to preserve the following fundamental freedoms for students:
    • Freedom to teach and freedom to learn are inseparable components of academic freedom. Student academic freedom is incorporated into the classroom setting where learning is concentrated and structured. Faculty and students share responsibility for student academic freedom in the classroom. The following minimum standards enhance student academic freedom in the classroom.
  • Freedom of Expression
    • Students are free to take reasonable exception to the data or views offered in any course of study and to reserve judgment about matters of opinion. Students are responsible for learning the content of any course of study for which they are enrolled.
    • Protection Against Improper Academic Evaluation
    • Students are responsible for maintaining standards of academic performance established for each course in which they are enrolled.  Orderly procedures protect students from prejudice or capricious academic evaluation.
  • Protection against improper disclosure
    • Policies and practices protect students from improper disclosure of information about the students’ views, beliefs, and political activities which professors acquire in the course of their work as instructors, advisers, and counselors and such information shall be considered confidential. Judgments of academic ability and character may be provided under appropriate circumstances, normally with the knowledge or consent of the student.
  • The Grade Appeal and Academic Grievance Committee (Academic Programs and Graduate Studies, Student Services and Administration Building, 4500), which operates under the supervision of the Academic Senate, exists to resolve grade disputes and other academic grievances. Reports of discrimination will be handled by the Director, Office of Equity and Diversity (Student Services and Administration Building), 510-885-4918; TTY 510-885-7592.

Reports of student misconduct including those relating to academic dishonesty will be handled by the Office of Student Conduct, Rights and Responsibilities, http://www.csueastbay.edu/sdja (Student Services and Administration Building, 1st Floor) 510-885-3763.

Student Publications

Student publications and the student press are valuable aids in establishing and maintaining an atmosphere of free and responsible discussion and intellectual exploration on the campus.  Students and faculty who produce student publications have the responsibility to establish and adhere to standards of responsible journalism. While student publications and the student press operate with limited external control, the editorial freedom of student editors and managers entails corollary responsibilities to be governed by the concerns of responsible journalism, such as evidence of libel, indecency, undocumented allegations, attacks on personal integrity, and the techniques of harassment and innuendo.

Freedom of Association

Students are free to organize and join associations to promote their common interests and to have these associations be considered for recognition by the university. “Institutional recognition” is understood to refer to the formal relationship between the student organization and the institution. Recognized student organizations are responsible for abiding by all institutional regulations for student organizations. These regulations are available in the office of Student Life Programs (New University Union, 2nd Floor).

Freedom of Inquiry and Expression

Students and student organizations are free to examine and discuss all questions of interest to them and to express opinions publicly and privately as long as others’ rights are not violated in the process. Students are always free to support causes by orderly means which do not disrupt the regular and essential operation of the institution. However, such public expressions or demonstrations speak only for the student(s) involved, and not for the institution.

Student Participation in Institutional Government

Students are free to elect peers to serve and represent them in university government as members of the student body. Students who meet eligibility criteria are appointed to various standing committees by the administration and faculty upon the recommendation of the Associated Students Board of Directors. The role of student government is explicitly defined in the California Education Code and CSU policies. Copies of these regulations can be obtained in the office of the Associate Vice President, Student Affairs (Student Services and Administration Building, 4th Floor).

Off-Campus Freedom of Students

The university has the responsibility to protect students’ citizenship rights on campus, and with regard to approved activities which occur off campus. Off-campus activities of students may, upon occasion, result in violation of the law. Students who violate the law may incur penalties prescribed by civil authorities, but institutional authority will not be used merely to duplicate the functions of general laws.

As stated in the University’s Policy on Time, Place and Manner of Free Expression, “Universities are venues for creative, thoughtful and respectful discourse where conflicting perspectives are vigorously debated and thoroughly discussed.” The University’s policy can be found online at: www20.csueastbay.edu/policies/index.html.

Privacy Rights of Students in Education Records

The Federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g) and regulations adopted thereunder (34 C.F.R. 99), set out requirements designed to protect the privacy of student education records maintained by the campus. The text of the statute can be found online at: www20.csueastbay.edu/students/student-services/student-records/ferpa-privacy-policy.html. The law provides that the campus must give students access to most records directly related to the student. The campus must also provide an opportunity for a hearing to challenge the records if the student claims they are inaccurate, misleading, or otherwise inappropriate. The right to a hearing under this law does not include any right to challenge the appropriateness of a grade determined by the instructor. The institution has adopted a set of policies and procedures governing implementation of the statutes and regulations. Copies of these policies and procedures may be obtained at Office of the Registrar, Student Services and Administration Building, 3rd Floor. Among the types of information included in the campus statement of policies and procedures are:

  1. the types of student records maintained and the information they contain;
  2. the official responsible for maintaining each type of record;
  3. the location of access lists indicating persons requesting or receiving information from the record;
  4. policies for reviewing and expunging records;
  5. student access rights to their records;
  6. the procedures for challenging the content of student records;
  7. the cost to be charged for reproducing copies of records; and
  8. the right of the student to file a complaint with the Department of Education. The Department of Education has established an office and review board to investigate complaints and adjudicate violations. The designated office is: Family Policy Office, U.S. Department of Education, Washington, D.C. 20202-4605.

The campus is authorized under the Act to release “directory information” concerning students. “Directory information” may include the student’s name, Net ID, addresses, telephone numbers, e-mail address, photograph, department where employed, student employee’s status, (i.e., TA GA, ISA), full-time or part-time status, graduate or undergraduate status, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, grade level, enrollment status, degrees, honors, and awards received, and the most recent previous educational agency or institution attended by the student. The above designated information is subject to release by the campus at any time unless the campus has received prior written objection from the student specifying what information the student requests not be released. Written objections should be sent to the Office of the Registrar, Student Services and Administration Building, 3rd Floor.

The campus is authorized to provide access to student records to campus officials and employees who have legitimate educational interests in such access. These persons have responsibilities in the campus’ academic, administrative or service functions and have reason for accessing student records associated with their campus or other related academic responsibilities. Student records may also be disclosed to other persons or organizations under certain conditions (e.g., as part of the accreditation or program evaluation; in response to a court order or subpoena; in connection with financial aid; to other institutions to which the student is transferring.) In cases of emergency, certain student education records may be released to appropriate individuals.

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 ofSchools 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 Ms. Maggie Graney, Interim Director for Compliance and Internal Control, maggie.graney@csueastbay.edu, who 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.

 

Standards for Student Conduct

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:

1. 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.

2. Unauthorized entry into, presence in, use of, or misuse of University property.

3. Willful, material and substantial disruption or obstruction of a University-related activity, or any on-campus activity.

4. 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.

5. 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.

6. Disorderly, lewd, indecent, or obscene behavior at a University related activity, or directed toward a member of the University community.

7. 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.

8. 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.

9. 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.

10. 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.

11. Theft of property or services from the University community, or misappropriation of University resources.

12. Unauthorized destruction or damage to University property or other property in the University community.

13. 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.

14. Unauthorized recording, dissemination, or publication of academic presentations (including handwritten notes) for a commercial purpose.

15. 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.

16. Violation of any published University policy, rule, regulation or presidential order.

17. Failure to comply with directions or interference with, any University official or any public safety officer while acting in the performance of his/her duties.

18. Any act chargeable as a violation of a federal, state, or local law that poses a substantial threat to the safety or wellbeing of members of the University community, to property within the University community or poses a significant threat of disruption or interference with University operations.

19. 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.

20. 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.

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.

 

Whistleblower Protection

Student Administration Building - Risk Management WebsiteUnder the California Whistleblower Protection act, any employee or applicant for employment may make a protected disclosure of an improper government activity or any condition that may significantly threaten the health or safety of employees or the public to the State Auditor, CSU or CSUEB. The procedure for making such protected disclosures is set forth in the document titled “Reporting Procedures for Protected Disclosure of Improper Governmental Activities and/or Significant Threats to Health or Safety” (Executive Order 929) and can be viewed or downloaded at: https://www.calstate.edu/eo/EO-929.pdf .  The CSUEB administrator responsible for receiving and investigating such disclosures is the Director of Equity and Diversity, Risk Management and Internal Control. In addition, under the Act, employees and applicants for employment are protected from retaliation from making such protected disclosures. The procedure for making a complaint of retaliation is set forth in the document titled “Revised Complaint Procedure for Allegations of Retaliation for Disclosure under the California Whistleblower Protection Act” (Executive Order 822) and can be viewed or downloaded at: https://www.calstate.edu/eo/EO-822.pdf .  As with protected disclosures, Risk Management and Internal Control is responsible for receiving and investigating retaliation complaints.