Appendix

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

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

Student, Faculty, and University Responsibilities to Ensure the Data Integrity of Academic Work

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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]

   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 computer.

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. (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/Harassment Policies and Procedures

Inquiries concerning compliance with the following policies may be addressed to the Risk Management & Internal Control (Student Services and Administration Building), 510-885-4918; TTY 510-885-7592. The complaint procedures are set forth in detail and can be found on the Student Complaint Procedure website.

Inquiries concerning compliance or the application of these laws to programs and activities of Cal State East Bay may be referred to the specific campus officer(s) identified above or to the Regional Director of the Office for Civil Rights, United States Department of Education, 50 Beale Street, Suite 7200, San Francisco, California 94105.

Age, Marital Status or Religion

By CSU Board of Trustees policy, the California State University does not discriminate on the basis of age, marital status or religion.

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. Jill Millican, Director of Community Wellness, 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 Ms. Millican at Cal State East Bay, Risk Management and Internal Control, 25800 Campus Drive, Hayward, CA 94542, 510-885-4227.

HIV/AIDS

The hiring process and employment practices for University employees and the student admission process to the University or any program within or related to the University shall not include consideration of an individual’s HIV/AIDS status or perceived inclusion in a high risk group.

Race, Color, Ethnicity, National Origin, Age and Religion

The California State University does not discriminate on the basis of race, color, ethnicity, national origin, age, or religion 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 has been authorized 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 this person at Cal State East Bay, Student Services and Administration Building, 25800 Campus Drive, Hayward, CA 94542, 510-885-4918; TTY 510-885-7592

Sex/Gender/Gender Identity/Sexual Orientation

The California State University does not discriminate on the basis of sex, gender, gender identity or sexual orientation in its programs and activities, including admission and access. Federal and state laws, including Title IX of theEducation Amendments of 1972, prohibit such discrimination. Inquiries concerning compliance may be presented to this person at Equal Employment Opportunity contact, 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 male and female CSU students in all campus programs, including intercollegiate athletics.

Sexual Harassment

The university desires to maintain an academic and work environment which protects the dignity and promotes the mutual respect of all employees and students. Sexual harassment of employees or students is prohibited. In general, verbal comments, gestures, or physical contact of a sexual or gender-based nature that are unsolicited and unwelcomed will be considered harassment (Title VII of the Civil Rights Act of 1964). Visit the Title IX Website for complete information.

Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual/gender-based nature when:

• submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, appointment, admission, or academic evaluation;

• submission to such conduct is used as a basis for evaluation in personnel decisions or academic evaluations affecting an individual;

• such conduct has the purpose or effect of unreasonably interfering with an individual’s performance or of creating an intimidating, hostile, offensive, or otherwise adverse working or educational environment;

• the conduct has the purpose or effect of interfering with a student’s academic performance; creating an intimidating, hostile, offensive, or otherwise adverse learning environment; or adversely affecting any student.

Sexual harassment happens to both men and women. In determining whether conduct constitutes sexual harassment, the circumstances surrounding the conduct should be considered.

Sexual harassment may include one or more of the following: questions about one’s sexual behavior; sexually oriented jokes; inappropriate comments about one’s body and clothing; conversation filled with innuendoes and double meanings; sexually suggestive pictures or objects displayed to embarrass or humiliate; pinching, fondling, patting or kissing; requests for sexual intercourse; gender-based derogatory statement; unfavorable consequences for refusing to submit.

Nonresident Tuition Exceptions

There are exceptions from nonresident tuition, including:

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.

Reporting Campus Emergencies

When 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
Police Business: x5-3791
Escort Service: x5-3791
Crime Prevention Service: x5-3791
Lost and Found Property: x5-3791
Anonymous Report: x5-2444
Parking Services: x5-3790
Student Health Services: x5-3735
Counseling and Psychological Services: x5-3690
University Information: x5-3000
Facilities Development & Operations: x5-4444

Note: When using a non-campus phone, you must use the “885” prefix instead of “5” in the above extensions; when using a (white) campus phone, simply use the extensions.

Research with Human Subjects

The 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/IRBMenu.html.

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:

1. 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.

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 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.

Alcohol, Tobacco and Other Drugs Prevention Program

Alcohol, Tobacco and Other Drugs Prevention Program

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 four subcommittees: Policy, Assessment, Education and Prevention, and Community/Treatment.

The ATOD Education and Prevention subcommittee is responsible for: dissemination and communication of the CSUEB AOD Policy to students, parents, staff and faculty; training CSUEB staff on ATOD issues; providing educational programming; and initiating a social norms campaign on campus. The university also collaborates with local community agencies to further ATOD prevention and enforcement activities.

Cal State East Bay participates in the following campus alcohol education/awareness activities: Fall Welcome Week; Homecoming Week; Spring Break; “Soberfest,” Alcohol Awareness Day; Alcohol Awareness Evening at the Residence Halls; “Alcohol Jeopardy” at the Residence Halls; Resident Advisor (RA) alcohol training; Date rape programming. Contact the Health Promotions Department in Student Health Services at 510-885-3733 for additional 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.

• Alcoholic beverages may be served on special occasions with prior approval at functions sponsored by approved student, faculty, staff, or administrative organizations, or by campus-related or off-campus organizations contracting for the use of university facilities. Service will normally be permitted only in conjunction with food service. Service of alcohol on these occasions is not allowed before 4:00 p.m. on weekdays during academic quarters. Exceptions to this rule may be granted for events held in the University Union, or at the discretion of a vice president who is responsible for approval.

• All organizations, departments or individuals planning to serve alcohol at any Cal State East Bay function must have completed the online Responsible Beverage Server Training and received approval to serve alcohol from the appropriate Associate Vice President at least five working days prior to the planned event.

• 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, Student Organizations and Off-Campus Organizations or Individuals

Any student who violates the policy on alcohol and other drugs shall be subject to corrective action, such as participation in a substance abuse program or other counseling, or disciplinary action up to, and including the possibility of dismissal from the institution. 

In addition to the foregoing, the following sanctions may be imposed for violation of the alcohol and drug policy by employees, students or student organizations in accordance with the objectives set forth in the university statement on student rights and responsibilities:

• Sanctions for individuals:

  1. Restitution for any damages that result from the conduct of the violator;

  2. Violators will be required to go through an alcohol or other drugs education program.

• Sanctions for student groups/organizations:

  1. Social probation for a specified period of time;

  2. Restitution for any damages that result from the conduct of the violator;

  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. University departments may impose additional sanctions for conduct in violation of policies established by the department, as well as violations of the University Alcohol and Other Drugs Policy.

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 risk of inappropriate sexual behaviors. For a more complete list of the negative effects of alcohol and other drugs visit the Student Health and Counseling Services website.

CSUEB Campus and Community Resources

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

For Faculty and Staff: Employee Assistance Program (EAP):1-800-234-5465

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, see the Student Health and Counseling Services website.

Title 5 Section 41301 Standards for Student Conduct

1. 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.

2. 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 grounds upon which student discipline can be based:

   1. Dishonesty, including:

      1. Cheating, plagiarism, or other forms of academic dishonesty that are intended to gain unfair academic advantage.

      2. Furnishing false information to a university official, faculty member, or campus office.

      3. Forgery, alteration, or misuse of a university document, key, or identification instrument.

      4. Misrepresenting oneself 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:

       1. Unauthorized entry into a file, for any purpose.

       2. Unauthorized transfer of a file.

       3. Use of another’s identification or password.

       4. Use of computing facilities, campus network, or other resources to interfere with the work of another member of the university community.

       5. Use of computing facilities and resources to send obscene or intimidating and abusive messages.

       6. Use of computing facilities and resources to interfere with normal university operations.

       7. Use of computing facilities and resources in violation of copyright laws.

       8. 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 of, 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 well-being of members of the university community, to property within the university community or poses a significant threat of disruption or interference with university operations.

   19. Violation of the Student Conduct Procedures, including:

       1. Falsification, distortion, or misrepresentation of information related to a student discipline matter.

       2. Disruption or interference with the orderly progress of a student discipline proceeding.

       3. Initiation of a student discipline proceeding in bad faith.

       4. Attempting to discourage another from participating in the student discipline matter.

       5. Attempting to influence the impartiality of any participant in a student discipline matter.

       6. Verbal or physical harassment or intimidation of any participant in a student discipline matter.

       7. 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.

3. 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.

4. Application of this Code
   Sanctions for the conduct listed above can be imposed on applicants, enrolled students, students between academic terms, graduates awaiting degrees, and students who withdraw from school while a disciplinary matter is pending. Conduct that threatens the safety or security of the campus community, or substantially disrupts the functions or operation of the university is within the jurisdiction of this Article regardless of whether it occurs on or off campus. Nothing in this Code may conflict with Education Code section 66301 that prohibits disciplinary action against students based on behavior protected by the First Amendment.

Summary of Civil and Criminal Penalties for Violation of Federal Copyright Laws

As referenced above in the Standards for Student Conduce (15) (G) the penalties for copyright infringement include civil and criminal penalties in addition to university sanctions.  Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under section 106 of the Copyright Act (Title 17 of the United States Code). These rights include the right to reproduce or distribute a copyrighted work. In the file-sharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes an infringement. 

Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or “statutory” damages affixed at not less than $750 and not more than $30,000 per work infringed. For “willful” infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys’ fees. For details, see Title 17, United States Code, Sections 504, 505. 

Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense. 

For more information, please see the Web site of the U.S. Copyright Office at www.copyright.gov, especially their FAQ’s at www.copyright.gov/help/faq.

Student Conduct Procedures

Executive Order 1073, Student Conduct Procedures, provides for appropriate notice and an opportunity to be heard before sanctions are imposed for a violation of the Standards for Student Conduct. Practices in disciplinary cases may vary in formality depending on the gravity of the offense and the sanctions which may be applied.  For the full text of Executive Order 1073, Student Conduct Procedures, please see the website of the Office of Student Development and Judicial Affairs at http://www20.csueastbay.edu/students/campus-life/student-life/sdja/

California Code of Regulations Title 5, Section 41302 Disposition of Fees; Campus Emergency Executive Order 1073 Article VI. Interim Suspension

The President may impose an interim suspension pursuant to Title 5 Section 41302 where there is reasonable cause to believe that separation of a Student is necessary to protect the personal safety of persons within the University community or University Property, and to ensure the maintenance of order. During the period of an interim suspension, the Student charged may not, without prior written permission from the campus President enter any campus of the California State University other than to attend the hearing regarding the merits of his or her interim suspension.

The president may also restrict the Student’s participation in University-related activities, including off-campus activities and/or participating in on-line classes, etc. Violation of any condition of interim suspension shall be grounds for expulsion. The full text of Executive Order 1073 can be accessed at http://www.csueastbay.edu/sdja.

Whistleblower Protection

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.