Student Rights, Responsibilities & Conduct

About 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.

Listed on this page are standards and regulations on students’ freedoms, rights, and responsibilities that are authorized by federal and state laws and by CSU policies.

Student Rights Fundamental Freedoms, Rights, and Responsibilities Freedoms, Rights, and Responsibilities for Access and Retention Off-Campus Freedom of Students Freedom of Association Freedom of Inquiry and Expression Information Concerning Course Requirements Final Exam Rights Rights Concerning Faculty Office Hours Family Educational Rights and Privacy Act CSU Nondiscrimination Policies Safety of the Campus Community is Primary Confidentiality and Sexual Misconduct, Dating Violence, Domestic Violence and Stalking Student Rights Concerning Data Integrity Policy Student Publications Additional Information Concerning Sexual Violence Student Participation in Institutional Government Whistleblower Protection Student Complaint Procedure Resolution of Disputes

Student Responsibilities & Conduct Standards for Student Conduct Academic Dishonesty Evidence of Dishonesty Violation of Federal Copyrights Law Use of Alcohol and Other Drugs Data Integrity Responsibilities Policy Declassification from a Graduate Degree Program Information Regarding Campus, Criminal and Civil Consequences of Committing Acts of Sexual Violence Reporting to University Police or University Employees Whom to Contact if You Have Complaints, Questions or Concerns

Student Rights

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.

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.

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

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.

Course Requirement Information

Faculty shall provide you with a course syllabus, which should be placed on the course Blackboard site at the beginning of the quarter, containing the following information:

• Name of instructor, office location, office hours, office telephone number, and @csueastbay.edu e-mail;
• Course number and title, classroom location, number of units, prerequisites, a course description, objectives and student learning outcomes;
• Required texts and any other required and/or recommended materials;
• Student-supplied equipment and materials necessary for course activities;
• Course specific requirements and their due dates, such as examinations, quizzes, papers, field trips, and labs;
• Grading policy, which includes the relative weight of examinations, quizzes, papers, class participation, and other factors, and the grading scale;
• Attendance and make-up work policies and implications for grading;
• The following statement and reference to University policies regarding cheating and academic dishonesty: “By enrolling in this class the student agrees to uphold the standards of academic integrity described at: http://www20.csueastbay.edu/academic/academic-policies/academic-dishonesty.html.”
• Accommodations for students with disabilities. Sample statement: “If you have a documented disability and wish to discuss academic accommodations, or if you would need assistance in the event of an emergency evacuation, please contact me as soon as possible. Students with disabilities needing accommodation should speak with the Accessibility Services.”
• Emergency information. Sample statement: “California State University, East Bay is committed to being a safe and caring community. Your appropriate response in the event of an emergency can help save lives. Information on what to do in an emergency situation (earthquake, electrical outage, fire, extreme heat, severe storm, hazardous materials, terrorist attack) may be found at: http://www20.csueastbay.edu/af/departments/risk-management/ehs/emergency-management/index.html. Please be familiar with these procedures. Information on this page is updated as required. Please review the information on a regular basis.”

Faculties also are encouraged to include additional items such as:

• Course outline;
• Types of quizzes and exams (e.g., true-false, multiple choice, short-answer, essay);
• Availability of appropriate tutoring services;
• Policies regarding audio and video recording and use of electronic devices;
• Reference to University classroom behavior policies;
• Classroom food and drink policies.

Furthermore, faculty should advise you of their expectations for you in the course no later than the end of the second class. Any changes in course requirements should be communicated to you in a timely manner. It is your responsibility to read the course statement and to request any clarification of course policies. If you add the course after the first week of class, you must seek course information in a timely manner.

Note: This policy is to be implemented by each department.

Final Exams Rights

Instructors will fully inform students of the manner of their evaluation as well as requirements and assignments. Typically, there will be periodic examinations, graded assignments, and a final examination. Final examinations are administered only during final exam week and only at the times scheduled by the university. Exceptions for compelling reasons are authorized in writing by the department chair with a copy to the college dean. The day and start time of the first lecture in the week determine the final examination time. Some courses contain a separate laboratory, activity, or discussion segment. Instructors may give a final examination on that segment during the last class meeting of that segment.

Faculty Office Hours

The faculty of the university is available during regularly scheduled office hours, which are at times other than scheduled classes. The times of the office hours are posted outside each faculty office, at the faculty member’s department, on the department website, and on the faculty member’s course syllabi. The faculty member informs the department of his/her office hours the first day of classes each quarter.

Full-time faculty members maintain a minimum of three (3) office hours per week and also make provision for meeting with students by appointment at a mutually convenient time beyond the stated office hours. The full-time faculty member’s office hours shall be held over at least two days and at least in half-hour blocks. Part-time faculty will maintain the equivalent of one (1) office hour per week for each four WTUs of their teaching load with a minimum of one hour and a maximum of three hours per week.

Faculty teaching online must also hold office hours and may make alternative arrangements with the Department Chair to be available online or by telephone. Online faculty’s office hours must include at least one (1) hour of availability by telephone per week.

If for any reason a faculty member cannot meet the posted office hours, the faculty member will inform the Department Chair. If possible, the department will note the absence on the faculty office door.

Note: Normal office hours are to be maintained during the Final Examination period. If a final examination conflicts with a posted office hour, an alternative hour is to be posted for that week alone.

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 students’ privacy in their records maintained by the campus. The statute and regulations govern access to certain student records maintained by the campus and the release of such records. The law provides that the campus must give students access to most records directly related to the student, and must also provide 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 law generally requires the institution to receive a student’s written consent before releasing personally identifiable data about the student. The institution has adopted a set of policies and procedures governing implementation of the statute and the regulations. Copies of these policies and procedures may be obtained at the 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 Compliance Office, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, D.C. 20202-5920.

The campus is authorized under the Act to release “directory information” concerning students. “Directory information” may include the student’s name, address, telephone listing, electronic mail address, photograph, 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’s academic, administrative or service functions and have reason for accessing student records associated with their campus or other related academic responsibilities. Student records will be disclosed to the Chancellor’s Office of the California State University in order to conduct research, to analyze trends, or to provide other administrative services on behalf of the CSU. 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; or to other institutions to which the student is transferring).

CSU Nondiscrimination Policies

Ethnicity, National Origin, Age, Genetic Information, Religion and Veteran Status

The California State University does not discriminate on the basis of Age, Genetic Information, Marital Status, Medical Condition, Nationality, Race or Ethnicity (including color and ancestry), Religion (or religious creed), and Veteran or Military 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, revised October 5, 2016 (http://www.calstate.edu/EO/EO-1097-rev-10-5-16.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 (physical and mental) 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 (http://www.calstate.edu/EO/EO-1097-rev-10-5-16.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.

Gender/Gender Identity/Gender Expression/Sexual Orientation

The California State University does not discriminate on the basis of gender (or sex), gender identity (including transgender), 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:

Gender Discrimination

Gender discrimination means an adverse act taken against an individual because of gender or sex (including sexual harassment, sexual misconduct, 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

Sexual harassment is a form of sex discrimination, is unwelcome verbal, nonverbal or physical conduct of a sexual nature that includes, but is not limited to:

• 1. Submission to, or rejection of, the conduct is explicitly or implicitly used as the basis for any decision affecting a Complainant’s academic status or progress, or access to benefits and services, honors, programs, or activities available at or through the University; or
• 2. The 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 Complainant, and is in fact considered by the Complainant, as limiting his or her ability to participate in or benefit from the services, activities or opportunities offered by the University; or
• 3. The 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 Complainant, and is in fact considered by the Complainant, as creating an intimidating, hostile or offensive environment.

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 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.

Sexual Harassment also includes acts of verbal, non-verbal or physical aggression, intimidation or hostility based on Gender or sex-stereotyping, even if those acts do not involve conduct of a sexual nature.

Executive Order 1097 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, subject to this policy.

Note: Claiming that the conduct was not motivated by sexual desire is not a defense to a complaint of harassment based on Gender.

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 constitute 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

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

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

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

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

Affirmative Consent means an informed, affirmative, conscious, voluntary, and mutual agreement to engage in sexual activity.  It is the responsibility of each person involved in the sexual activity to ensure that s/he has the affirmative consent of the other participant(s) to engage in the sexual activity.  Lack of protest or resistance does not mean consent nor does silence mean consent.  Affirmative consent must be voluntary, and given without coercion, force, threats or intimidation.

The existence of a dating or social relationship between those involved, or the fact of past sexual activities between them, should never by itself be assumed to be an indicator of affirmative consent.  A request for someone to use a condom or birth control does not, in and of itself, constitute affirmative consent.

Affirmative consent can be withdrawn or revoked.  Consent to one form of sexual activity (or sexual act) does not constitute consent to other forms of sexual activity. Consent given to sexual activity on one occasion does not constitute consent on another occasion.  There must always be mutual and affirmative consent to engage in sexual activity.  Consent must be ongoing throughout a sexual activity and can be revoked at any time, including after penetration.  Once consent is withdrawn or revoked, the sexual activity must stop immediately.

• A person who is incapacitated cannot give affirmative consent.
• A person is unable to consent when s/he is asleep, unconscious or is incapacitated due to the influence of drugs, alcohol, or medication so that s/he could not understand the fact, nature or extent of the sexual activity.
• A person is incapacitated if s/he lacks the physical and/or mental ability to make informed, rational decisions. Whether an intoxicated person (as a result of using alcohol or other drugs) is incapacitated depends on the extent to which the alcohol or other drugs impact the person’s decision- making capacity, awareness of consequences, and ability to make fully informed judgments. 
• A person’s own intoxication or incapacitation from drugs or alcohol does not diminish that person’s responsibility to obtain affirmative consent before engaging in sexual activity.
• A person with a medical or mental disability may also lack the capacity to give consent.
• Sexual activity with a minor (a person under 18 years old) is not consensual, because a minor is considered incapable of giving legal consent due to age.

It shall not be a valid excuse that a person affirmatively consented to the sexual activity if the respondent knew or reasonably should have known that the person was unable to consent to the sexual activity under any of the following circumstances:

• The person was asleep or unconscious;
• The person was incapacitated due to the influence of drugs, alcohol or medication, so that the person could not understand the fact, nature or extent of the sexual activity;
• The person was unable to communicate due to a mental or physical condition
• It shall not be a valid excuse that the respondent believed that the person consented to the sexual activity under either of the following circumstances:
• The respondent’s belief in affirmative consent arose from the intoxication or recklessness of the respondent;
• The respondent did not take reasonable steps, in the circumstances known to the respondent at the time, to ascertain whether the person affirmatively consented.

Consensual Relationships

Consensual relationship means a sexual or romantic relationship between two persons who voluntarily enter into such a relationship.  While sexual and/or romantic relationships between members of the University community may begin as consensual, they may evolve into situations that lead to discrimination, harassment, retaliation, sexual misconduct, dating or domestic violence, or stalking.

A University employee shall not enter into a consensual relationship with a student or employee over whom s/he exercises direct or otherwise significant academic, administrative, supervisory, evaluative, counseling, or extracurricular authority.  In the event such a relationship already exists, each campus shall develop a procedure to reassign such authority to avoid violations of policy.

This prohibition does not limit the right of an employee to make a recommendation on the personnel matters concerning a family or household member where the right to make recommendations on such personnel matters is explicitly provided for in the applicable collective bargaining agreement or MPP/confidential personnel plan.

Domestic Violence

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

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

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, surveils, 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.

Note: 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/files/docs/eo-1095-attachment-b-myths-and-facts-2015.pdf.

Whom to Contact if You Have Complaints, Questions or Concerns

Title IX requires the university to designate a Title IX Coordinator to monitor and oversee overall Title IX compliance. Your campus Title IX Coordinator is available to explain and discuss your right to file a criminal complaint (for example, in cases of sexual misconduct); the university’s complaint process, including the investigation process; how confidentiality is handled; available resources, both on and off campus; and other related matters. If you are in the midst of an emergency, please call the police immediately by dialing 9-1-1.

Title IX requires the university to adopt and publish complaint procedures that provide for prompt and equitable resolution of gender discrimination complaints, including sexual harassment and misconduct, as well as provide training, education and preventive measures related to sex discrimination. CSU Executive Order 1097 (http://www.calstate.edu/EO/EO-1097-rev-10-5-16.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 in this chapter.)

Regardless of whether an alleged victim of gender discrimination ultimately files a complaint, if the campus knows or has reason to know about possible sexual discrimination, harassment or misconduct, it must review the matter to determine if an investigation is warranted. The campus must then take appropriate steps to eliminate any gender 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 gender 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 gender discrimination, harassment or misconduct will be subject to discipline, pursuant to the California State University Student Conduct Procedures (see Executive Order 1098 at http://www.calstate.edu/EO/EO-1098-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.

Note: 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) including those who act in that role under their supervision) may not report any information about an incident of sexual misconduct to anyone else at the University, including the Title IX Coordinator, without the victim’s consent. A victim can seek assistance and support from physicians, psychotherapists, professional, licensed counselors, licensed clinical social workers, and clergy without triggering a University investigation that could reveal the victim’s identity or the fact of the victim’s disclosure. However, see limited exceptions below regarding when health care practitioners must report to local law enforcement agencies. Health care practitioners should explain these limited exceptions to victims, if applicable.

Sexual Assault and Domestic Violence Counselors and Advocates

Sexual assault and domestic violence counselors and advocates who work or volunteer on or off campus in sexual assault centers, victim advocacy offices, women’s centers, and health centers (including those who act in that role under their supervision, along with non-professional counselors or advocates who or or volunteer in sexual assault centers, victim advocacy offices, women’s centers, gender equity centers, or health centers) all individuals who work or volunteer in these centers and offices, as well as non-professional counselors or advocates, and those who act in that role under their supervision) may talk to a victim without revealing any information about the victim and the incident of sexual 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 Police or University Employees

REPORTING TO UNIVERSITY OR LOCAL POLICE

If a victim reports to local or University Police about sexual misconduct, violence, the police are required to notify victims that their names will become a matter of public record unless confidentiality is requested. If a victim requests that his/her identity be kept confidential, his/her name will not become a matter of public record and the police will not report the victim’s identity to anyone else at the University, including the Title IX Coordinator. University Police will, however, report the facts of the incident itself to the Title IX Coordinator being sure not to reveal to the Title IX Coordinator victim names/identities or compromise their own criminal investigation. The University is required by the federal Clery Act to report certain types of crimes (including certain sex offenses) in statistical reports. However, while the University will report the type of incident in the annual crime statistics report known as the Annual Security Report, victim names/identities will not be revealed.

REPORTING TO THE TITLE IX COORDINATOR AND OTHER UNIVERSITY EMPLOYEES

Most University employees have a duty to report sexual misconduct violence incidents when they are on notice of it. When a victim tells the Title IX Coordinator or another University employee about a sexual misconduct violence incident, the victim has the right to expect the University to take immediate and appropriate steps to investigate what happened and to resolve the matter promptly and equitably. In all cases, the University strongly encourages victims to report sexual misconduct violence directly to the campus Title IX Coordinator.

As detailed above, in the Privileged and Confidential Communications section of this policy, all University employees except physicians, licensed 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 violence incident except as otherwise required by law or University policy. A sexual misconduct violence report may result in the gathering of extremely sensitive information about individuals in the campus community. While such information is considered confidential, University policy regarding access to public records and disclosure of personal information may require disclosure of certain information concerning a report of sexual misconduct violence. In such cases, efforts will be made to redact the records, as appropriate, in order to protect the victim’s identity and privacy and the privacy of other involved individuals. Except as detailed in the section on Privileged and Confidential Communications above, no University employee, including the Title IX Coordinator, should disclose the victim’s identity to the police without the victim’s consent or unless the victim has also reported the incident to the police.

If a victim requests of the Title IX Coordinator or another University employee that his/her identity remain completely confidential, the Title IX Coordinator will explain that the University cannot always honor that request and guarantee complete confidentiality. If a victim wishes to remain confidential or request that no investigation be conducted or disciplinary action taken, the University must weigh that request against the University’s obligation to provide a safe, non-discriminatory environment for all students, employees, and third parties, including the victim. Under those circumstances, the Title IX Coordinator will determine whether the victim’s request for complete confidentiality and/or no investigation can be honored under the facts and circumstances of the particular case, including whether the University has a legal obligation to report the incident, conduct an investigation or take other appropriate steps. Without information about a victim’s identity, the University’s ability to meaningfully investigate the incident and pursue disciplinary action against the perpetrator may be severely limited. See Executive Order 1095 for further details around confidential reporting, and other related matters (http://www.calstate.edu/EO/EO-1095.pdf).

Additional Resources

• Cal State East Bay’s sexual misconduct violence prevention and education statement, which includes facts and myths about sexual misconduct violence: 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 United Nations Plaza San Francisco, CA 94102 (415) 486-5555, TDD (877) 521-2172
• U.S. Department of Education, national office: Office for Civil Rights (800) 872-5327
• Know Your Rights about Title IX http://www2.ed.gov/about/offices/list/ocr/docs/title-ix-rights-201104.html
• California Coalition Against Sexual Assault (http://calcasa.org/) 1215 K. Street, Suite 1850, Sacramento, CA 95814, (916) 446-2520
• Domestic and Family Violence, Office of Justice Programs, United States Department of Justice
• National Institute of Justice: Intimate Partner Violence, Office of Justice Programs, United States Department of Justice
• National Domestic Violence Hotline: 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

Additional Information Concerning Sexual Violence

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

Student Rights Concerning Data Integrity Policy

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

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.

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).

Whistleblower Protection Act

Under 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: http://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:http://www.calstate.edu/eo/EO-822.pdf. As with protected disclosures, Risk Management and Internal Control is responsible for receiving and investigating retaliation complaints.

Student Complaint Procedure

The California State University takes complaints and concerns regarding the institution very seriously. If you have a complaint regarding the CSU, you may present your complaint as follows:

1. If your complaint concerns CSU’s compliance with academic program quality and accrediting standards, you may present your complaint to the Western Association of Schools and Colleges (WASC) at: http://www.wascsenior.org/comments. WASC is the agency that accredits the CSU’s academic program.
2. 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 the campus president or Ms. Maggie Graney, Director for Compliance and Internal Control. See Procedure for Student Complaints-Executive Order No. 1063 for details regarding the complaint requirements and complaint process: http://www.calstate.edu/eo/eo-1063.html.  The president or designee 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.

Resolution of Disputes - Grade Appeal

If a student believes they have received an inappropriate grade or have been treated in an unfair way and they cannot resolve the matter informally with the instructor and department chair, the student should present their case to the Presidential Appointee to the Grade Appeal and Academic Grievance Committee (Academic Programs and Graduate Studies; Tel. 510-885-3716), no later than one quarter after the disputed grade was recorded. The Grade Appeal Committee may authorize a change of grade under certain circumstances. If the instructor of record does not assign a grade to an individual student, the appropriate failing grade for nonattendance (“WU” or “NC”) is automatically recorded by Enrollment Management. A student may petition the Grade Appeal Committee if they believe the instructor should have assigned an academic grade. 

Student Conduct & Responsibilities

Standards for Student Conduct: Title 5 California Code of Regulations, § 41301.

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.

Note: 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.

Note: At the time of publication, such procedures are set forth in California State University Executive Order 1098 (Revised June 23, 2015), available at http://calstate.edu/eo/EO-1098-rev-6-23-15.html

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.

Academic Dishonesty

Academic Dishonesty includes, but is not limited to:

• cheating, which includes possessing unauthorized sources of information during examinations, copying the work of others, permitting others to copy your work, submitting work done by others, completing assignments for others, altering work after grading and subsequently submitting it for re-grading, submitting the same work for two or more classes without the permission of all instructors involved, or retaining materials that you have been instructed to return to your instructor;
• plagiarism, which includes taking the words, ideas, or substance of another and either copying or paraphrasing the work without giving credit to the source through appropriate use of footnotes, quotation marks, or reference citations;
• providing materials to another with knowledge they will be improperly used;
• possessing another’s work without permission;
• selling, purchasing, or trading materials for class assignments (includes purchasing term papers via the World Wide Web);
• altering the work of another;
• knowingly furnishing false or incomplete academic information;
• altering documents that make up part of the student record;
• forging signatures or falsifying information on any official academic document;
• inventing data or falsifying an account of the method through which data was generated.

Evidence of Dishonesty

Faculty members are expected to instill in their students a respect for integrity and a desire to behave honestly. Deception for individual gain is an offense against the members of the university community. To this end, faculty will take measures to discourage dishonesty, adjust grades appropriately if dishonesty is discovered, and recommend that additional administrative sanctions be considered. Grading policies are the exclusive prerogative of faculty. Non-academic administrative sanctions are the province of the Director or the Office of Student Conduct, Rights and Responsibilities. Telephone: (510) 885-3763.

If there is evidence of dishonesty:

• involving cheating: the student should be informed promptly, in private if possible, that he/she is suspected of cheating. If an exam is in progress, unauthorized materials should be confiscated, and the student allowed to finish. If relevant, the names of students in adjoining seats should be noted.
• involving plagiarism: your instructor should assemble documentation and notify you promptly in private.

Whenever dishonesty occurs, your instructor will take appropriate action and file an “Academic Dishonesty Incident Report” detailing the infraction and the action taken. The report will be filed in the Academic Affairs Office, per Executive Order 1073 with the Office of Student Conduct, Rights and Responsibilities, and you will receive a copy. The report will remain on file with the Academic Affairs Office for five years or until you graduate, whichever comes first.

Depending on the circumstances, you may: (a) be warned; (b) be required to resubmit work or retake an exam under specified conditions and with a possible grade penalty; (c) have your grade adjusted for the assignment; or (d) have your grade adjusted in the course, including assignment of an “F” at the discretion of the faculty. If the course grade is adjusted, it is not subject to Grade Forgiveness. See below for further administrative consequences.

You may appeal an instructor’s action to the Grade Appeal Committee (see above). Your appeal of an instructor’s academic sanction is governed by the “Grade Appeal and Grievance Document.”

The instructor may also request that action be taken by the Office of Student Conduct, Rights and Responsibilities. (In any instance of academic dishonesty, however, whereby an academic sanction is imposed, the instructor will file an “Academic Dishonesty Incident Report.” See three paragraphs above.) At the discretion of the Office of Student Conduct, Rights and Responsibilities, administrative sanctions such as warning, probation, suspension, or expulsion may be imposed. As prescribed in Executive Order 1043, Article V. Sanctions, paragraph E entitled Record Discipline, a record of disciplinary probation or suspension is entered on a student’s transcript, with beginning and end date, for the duration of the sanction. A record of expulsion or suspension for one academic year or more shall note the effective date of discipline and remains on the transcript permanently, without exception. (If an appeal to the Grade Appeal Committee regarding an academic sanction imposed by the instructor is pending, action by the Office of Student Conduct, Rights and Responsibilities will be postponed until after the adjudication of the appeal.)

The complete text of Title 5, section 41301 of the California Code of Regulations and of Chancellor’s Executive Order 1073 can be accessed on the Office of Student Conduct, Rights and Responsibilities website.

For Academic Dishonesty defined refer to the Glossary on the left navigation pane of this catalog.

Civil & Criminal Penalties for Violation of Federal Copyrights Law

Anyone who is found to be liable for copyright infringement may be ordered to pay either actual damages suffered as a result of the infringement along with any profits of the infringer attributable to the infringement that are not already taken into account in computing the actual damages, or “statutory” damages between $750 and $30,000 per work infringed. In the case of a “willful” infringement, a court may award up to $150,000 per work infringed. (See 17 U.S.C. §504.) Courts also have discretion to award costs and attorneys’ fees to the prevailing party. (See 17 U.S.C. §505.) Willful copyright infringement can also result in criminal penalties, including imprisonment and fines. (See 17 U.S.C. §506 and 18 U.S.C. §2319)

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

Data Integrity Policy

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.

Also, see: “Student Rights Concerning Data Integrity Policy” in this chapter.

Declassification from a Graduate Degree Program

A student may be declassified (dropped) from a graduate degree or credential program for a range of reasons, including, but not restricted to, unprofessional conduct; behavioral issues that interfere with the learning of others; failure to make progress toward the degree or program as set forth by the University and program policies; failure to meet grade requirements to maintain good standing in the program and/or University; and/or the department/program faculty determine that the student is incapable of completing degree requirements at the level expected of a graduate student in the discipline even if the GPA is above a 3.0.

The declassification request must be initiated by the major department with support from the department/program chair and college dean or designee. Requests are submitted to the Office of Academic Programs and Graduate Studies for final action and official notification to the student and the Registrar’s Office. The Office of Academic Programs and Graduate Studies will also determine if the student should also be academically or administratively disqualified from the University. If the student is not disqualified from the University and wishes to continue in the University, a declassified student must formally apply to another graduate program or apply as a second baccalaureate student. (Second baccalaureate status is closed for budget reasons until further notice.) Declassified students will not be permitted to enroll through regular University or Open University in any undergraduate or graduate courses in the program or degree from which they were declassified. Unless the declassification was related to conduct issues that interfere with campus interactions, declassified students are eligible to apply to a new program and be accepted as a student by the department/program. The student must be accepted to a new program no later than three quarters after being declassified; otherwise, the student must reapply to the University.