About Academic Freedoms
Cal State 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.
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 and 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.
Academic Programs and Services, located in Student Services and Administration building (SA 4500) operates under the supervision of the Academic Senate and exists to resolve grade disputes and other academic grievances. Reports of discrimination will be handled by Risk Management and Internal Control located in Student Services and Administration (SA 1600), and can be contact at: (510) 885-4918; TTY (510) 885-7592.
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.
Reports of student misconduct including those relating to academic dishonesty will be handled by the Office of Student Conduct, Rights and Responsibilities located in the Student Services and Administration building (1st Floor), and can be reached at: (510) 885-3763.
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.”
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 and Leadership Programs (New University Union, Room 2011).
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 that 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 - Course Syllabus
Faculty shall provide students with a course syllabus, which should be placed on the course Blackboard site at the beginning of the semester, 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 (if any), 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://www.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://www.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.”
Faculty are also 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 students of their expectations in the course no later than the end of the second class. Any changes in course requirements should be communicated to students in a timely manner. It is the student’s responsibility to read the course statement and to request any clarification of course policies. If a student adds the course after the first week of class, they must seek course information in a timely manner.
Final Examination Policy
The general policy for most courses is to have examinations or other graded assignments during a semester and a final examination. Courses with 2 or fewer units or those that are activity or laboratory based may or may not have final examinations. At the start of each semester, instructors shall fully inform students of the manner of their evaluation as well as the requirements and assignments.
Final examinations that can be administered during a single time block shall be administered only during final exam week and only at the time scheduled by the University. Fully online asynchronous courses may offer synchronous final examinations but must accommodate students who have academic conflicts; the times for these final exams shall be posted on the syllabus at the beginning of the semester. Exceptions to any of the rules above will be made only for compelling reasons. The written authorization of the dean is required for such an exception. When exceptions are granted, this shall be noted on the course syllabus and students who have a conflicting examination shall be permitted to take the exam at another time. Suspected violations should be reported to department chairs and college deans.
The meeting pattern and starting time of the weekly class meeting determines the examination time. For classes with multiple components, such as lecture-laboratory, lecture-activity, and lecture-discussion courses, the meeting pattern and starting time of the lecture component determines the examination time.
If a course contains a separate laboratory, activity, or discussion segment, a final examination on that segment, if desired by the instructor, may be given during the last class meeting of that segment.
Faculty Office Hours Policy
The faculty of the University are 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 their office hours the first day of classes each semester.
Full-time faculty who are teaching are expected to hold a minimum of two (2) regularly scheduled office hours per week. The way in which office hours are held should be congruent with the mode(s) of instruction. For example, faculty teaching online courses may hold office hours online. In addition to regularly scheduled office hours, faculty are expected encouraged to meet with students by appointment (in-person or electronically) at mutually convenient times to a reasonable extent. For faculty members who are teaching less than a full load, the minimum number of scheduled office hours may be prorated, but the number of scheduled hours may not be less than one hour 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.
The normal schedule of availability is to be maintained during the Final Examination period, but may be rearranged to facilitate meeting students before exams. If a final examination conflicts with a posted time of availability, 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) (FERPA) and regulations adopted thereunder (34 C.F.R. 99) set out requirements designed to protect students’ privacy in their educational records maintained by the campus. The statute and regulations govern access to certain student records maintained by the campus and the release of those records. FERPA 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 correct 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. FERPA generally requires the campus obtain a student’s written consent before releasing personally identifiable data pertaining to the student. The campus has adopted a set of policies and procedures governing implementation of FERPA and the regulations. Copies of this policy, along with a directory of where custodial offices are located, are available on the University Web site at www.csueastbay.edu.
Among the information included in the campus statement of policies and procedures is:
- the student records maintained and the information they contain;
- the campus official responsible for maintaining each record;
- the location of access lists indicating persons requesting or receiving information from the record;
- policies for reviewing and expunging records;
- student access rights to their records;
- procedure for challenging the content of student records; and
- the student’s right 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.
FERPA authorizes the campus to release “directory information” pertaining to 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 the student attended. The campus may release this “directory information” at any time unless the campus has received prior written objection from the student specifying the information the student requests not be released. Written objections must be sent to the Office of the Registrar.
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 CSU Chancellor’s Office to conduct research, to analyze trends, or to provide other administrative services. 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 & Complaint Procedures
Protected Status: Age, Genetic Information, Marital Status, Medical Condition, Nationality, Race or Ethnicity (including color, caste, or ancestry), Religion or Religious Creed, and Veteran or Military Status.
California State University does not discriminate on the basis of age, genetic information, marital status, medical condition, nationality, race or ethnicity (including color, caste and ancestry), religion (or religious creed), and veteran or military status - as these terms are defined in Interim CSU Policy Prohibiting Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking and Retaliation 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.
The Discrimination, Harassment & Retaliation Administrator of Risk Management & 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. For more information: https://www.csueastbay.edu/riskmanagement/comp-internal-ctrl/index.html.
Inquiries concerning compliance may be presented to:
Discrimination Harassment & Retaliation Administrator
Cal State East Bay, Risk Management and Internal Control
25800 Carlos Bee Blvd., (SA) suite 1600
Hayward, CA 94542
(510) 885-4326 (V), (510) 885-7592 (TTY), (510) 885-4690 (Fx)
Interim procedures for complaints of discrimination, harassment, sexual misconduct, sexual exploitation, dating violence, domestic violence, stalking and retaliation made against a student, (or any successor policy) is the systemwide procedure for all complaints or discrimination, harassment or retaliation made against other CSU students. Interim procedures for complaints of discrimination, harassment, sexual misconduct, sexual exploitation, dating violence, domestic violence, stalking and retaliation (or any successor procedure) is the system wide procedure for all complaints of discrimination, harassment or retaliation made against the CSU, a CSU employee or a third party).
Protected Status: Disability
The California State University does not discriminate on the basis of disability (physical and mental) - as this term is defined in the Interim CSU Policy Prohibiting Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking and Retaliation - 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 Accessibility Services (more information found here: http://www.csueastbay.edu/accessibility/) 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:
Discrimination Harassment & Retaliation Administrator
Cal State East Bay, Risk Management and Internal Control
25800 Carlos Bee Blvd., (SA) suite 1600
Hayward, CA 94542
(510) 885-3238 (V), (510) 885-7592 (TTY), (510) 885-4690 (Fx)
Interim Procedures for Complaints of Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking and Retaliation Made Against a Student (or any successor procedure) is the systemwide procedure for all complaints of discrimination, harassment or retaliation made against, other CSU students. Interim Procedures for Complaints of Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking and Retaliation (or any successor procedure) is the systemwide procedure for all complaints of discrimination, harassment or retaliation made against the CSU, a CSU employee or a third party)
Protected Status: Gender (or sex), Gender Identity (including nonbinary and transgender), Gender Expression and Sexual Orientation
California State University does not discriminate on the basis of gender (or sex), gender (including nonbinary and transgender), gender expression or sexual orientation - as these terms are defined in CSU policy - 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:
Discrimination Harassment & Retaliation Administrator
Cal State East Bay, Risk Management and Internal Control
25800 Carlos Bee Blvd., (SA) suite 1600
Hayward, CA 94542
(510) 885-4326 (V), (510) 885-7592 (TTY), (510) 885-4690 (Fx)
The California State University is committed to providing equal opportunities to all CSU students in all campus programs, including intercollegiate athletics. . Interim Procedures for Complaints of Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking and Retaliation Made Against a Student(or any successor) is the systemwide procedure for all complaints of discrimination, harassment or retaliation made against other CSU students. Interim Procedures for Complaints of Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking and Retaliation (or any successor procedure) is the systemwide procedure for all complaints of discrimination, harassment or retaliation made against the CSU, a CSU employee or a third party)
As a matter of federal and state law and California State University policy, the following types of conduct are prohibited:
Sex Discrimination or Gender Discrimination is an adverse action taken against a complainant because of their protected status. Adverse Action means an action engaged in by the respondent that has a substantial and material adverse effect on the complainant’s ability to participate in a university program, activity, or employment. Minor or trivial actions or conduct not reasonably likely to do more than anger or upset a complainant does not constitute and adverse action.
Sexual Harassment, means conduct on the basis of Sex that satisfies one or more of the following:
- An Employee conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct;
- Unwelcome conduct determined based on the reasonable person standard to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to an Education Program or Activity.
Sexual Harassment could include being forced to engage in unwanted sexual contact as a condition of membership in a student organization or in exchange for a raise or promotion; 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 work environment, or in a classroom where the images are unrelated to the coursework.
Claiming that the conduct was not motivated by sexual desire is not a defense to a complaint of Sexual Harassment.
Sexual and/or romantic relationships between members of the campus community may begin as consensual, and may develop into situations that lead to Discrimination, Harassment, Retaliation, Sexual Misconduct, Dating or Domestic Violence, or Stalking subject to this policy.
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.
Claiming that the conduct was not motivated by sexual desire is not a defense to a complaint of harassment based on gender.
All sexual activity between members of the CSU 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:
- touching intimate body parts
- penetration, no matter how slight, of the vagina or anus with any part or object
- oral copulation of a sex organ by another person.
- Sexual Misconduct includes, but is not limited to, the following conduct:
- an attempt, coupled with the ability, to commit a violent injury on the person of another because of that person’s Gender or Sex,
- the intentional touching of another person’s intimate body parts without Affirmative Consent,
- intentionally causing a person to touch the intimate body parts of another without Affirmative Consent,
- using a person’s own intimate body part to intentionally touch another person’s body without Affirmative Consent,
- any unwelcome physical sexual acts, such as unwelcome sexual touching,
- using physical force, violence, threat, or intimidation to engage in sexual activity,
- ignoring the objections of the other person to engage in sexual activity,
- causing the other person’s incapacitation through the use of drugs or alcohol to engage in sexual activity,
- taking advantage of the other person’s incapacitation to engage in sexual activity.
- Intimate body part means the sexual organ, anus, groin, buttocks, or breasts of any person.
- Sexual activity between a Minor (a person younger than 18 years old) and a person who is at least 18 and two years older than the Minor always constitutes Sexual Misconduct, even if there is Affirmative Consent to all sexual activity. The existence of Affirmative Consent and/or the type of sexual activity may be relevant to the determination of an appropriate Sanction.
- Persons of all Genders, Gender Identities, Gender Expressions, and Sexual Orientations can be victims of these forms of Sexual Misconduct. Sexual Misconduct can be committed by an individual known to the victim including a person the Complainant may have just met, i.e., at a party, introduced through a friend, or on a social networking website.
- Affirmative Consent
Affirmative Consent must be voluntary, and given without coercion, force, threats, or intimidation.
It is the responsibility of each person involved in the sexual activity to ensure Affirmative Consent has been obtained from the other participant(s) prior to engaging in the sexual activity.
Affirmative Consent means an agreement to engage in sexual activity that is:
- Voluntary and
- Lack of protest or resistance does not mean there is Affirmative Consent.
- Silence does not mean there is Affirmative Consent.
- 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, mean there is Affirmative Consent.
- Affirmative Consent can be withdrawn or revoked. Consent must be ongoing throughout a sexual activity and can be revoked at any time, including after sexual activity begins. Once consent is withdrawn or revoked, the sexual activity must stop immediately. Consent to one form of sexual activity (or one 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.
Affirmative Consent cannot be given by a person who is incapacitated. A person is unable to consent when asleep, unconscious, or 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. A person is incapacitated if the person lacks the physical and/or mental ability to make informed, rational decisions. A person with a medical or mental disability may also lack the capacity to give consent.
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 ability, awareness of consequences, and ability to make 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.
Sexual activity with a minor (a person under 18 years old) is not consensual, because a minor is considered incapable of giving 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 could not understand the fact, nature, or extent of the sexual activity, or 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.
- Dating Violence and Domestic Violence
Dating Violence means physical violence or threat of physical violence committed by a person-
- who is or has been in a social relationship of a romantic or intimate nature with the Complainant; and
- where the existence of such a relationship shall be determined based on a consideration of the following factors:
I. The length of the relationship.
II. The type of relationship.
III. The frequency of interaction between the persons involved in the relationship.
- Domestic Violence means physical violence or threat of physical violence committed by a current or former spouse or intimate partner of the Complainant, by a person with whom the Complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the Complainant as a spouse or intimate partner, or by a person similarly situated to a spouse of the Complainant.
- Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
- fear for their safety or the safety of others; or
- suffer substantial emotional distress.
- Physical Violence means physical conduct that intentionally or recklessly threatens the health and safety of the recipient of the behavior, including assault.
- Sexual Assault includes the following:
- Rape is the penetration, or attempted penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the Affirmative Consent of the Complainant. Rape also includes the attempted penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the Affirmative Consent of the Complainant, with the present ability and the intent to commit Rape.
- Fondling is the touching of the private body parts of another person for the purpose of sexual gratification, without the Affirmative Consent of the victim, including instances where the Complainant is incapable of giving Affirmative Consent because of their age or because of their temporary or permanent mental incapacity.
- Incest is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
- Statutory Rape is sexual intercourse with a person who is under the age of 18 years, the California statutory age of consent.
The definition of Affirmative Consent is that under Article VII.A.3 above.
Sexual Battery: is a form of sexual misconduct and is any willful and unlawful use of force or violence upon the person of another because of that person’s gender or sex as well as touching an intimate part of another person against that person’s will and for the purpose of sexual arousal, gratification or abuse.
Rape: is a form of sexual misconduct and is non-consensual sexual intercourse that may also involve the use of threat of force, violence, or immediate and unlawful bodily injury or threats of future retaliation and duress. Any sexual penetration, however slight, is sufficient to constitute rape. Sexual acts including intercourse are considered non-consensual when a person is incapable of giving consent because they are incapacitated from alcohol and/or drugs, is under 18 years old, or if a mental disorder or developmental or physical disability renders the person incapable of giving consent. The respondent’s relationship to the person (such as family member, spouse, friend, acquaintance or stranger) is irrelevant.
Acquaintance Rape: is a form of sexual misconduct committed by an individual known to the victim. This includes a person the victim may have just met; i.e., at a party, introduced through a friend, or on a social networking website.
Affirmative Consent: means an informed, affirmative, conscious, voluntary, and mutual agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that they have 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 they are asleep, unconscious or is incapacitated due to the influence of drugs, alcohol, or medication so that they could not understand the fact, nature or extent of the sexual activity. A person is incapacitated if they lack 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 they exercise 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 this policy.
- This prohibition does not limit the right of an employee to make are commendation on the personnel matters concerning a family or household member where the right to make recommendations on such personnel matters is explicitly provided for in the applicable collective bargaining agreement or MPP/confidential personnel plan.
- Domestic Violence: is abuse committed against someone who is a current or former spouse, current or former cohabitant, someone with whom the respondent has a child, someone with whom the respondent 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 spouses, (5) the continuity of the relationship, and (6) the length of the relationship. For purposes of this definition, “abuse” means intentionally or recklessly causing or attempting to cause bodily injury or placing another person in reasonable apprehension of imminent serious bodily injury to himself or herself, or another. Abuse does not include non-physical, emotional distress or injury.
Dating Violence: is abuse committed by a person who is or has been in a social or dating relationship of a romantic or intimate nature with the victim. This may include someone the victim just met; i.e., at a party, introduced through a friend, or on a social networking website. For purposes of this definition, “abuse” means intentionally or recklessly causing or attempting to cause bodily injury or placing another person in reasonable apprehension of imminent serious bodily injury to himself or herself, or another. Abuse does not include non-physical, emotional distress or injury.
- Stalking means engaging in a Course of Conduct directed at a specific person that would cause a reasonable person to fear for the safety of self 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 one party directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about the other party, or interferes with the other party’s property.
- Substantial Emotional Distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.
- Prohibited Consensual Relationships
A Prohibited Consensual Relationship is a consensual sexual or romantic relationship between an Employee and any Student or Employee over whom they exercise direct or otherwise significant academic, administrative, supervisory, evaluative, counseling, or extracurricular authority.
Retaliation means that a substantial motivating reason for an Adverse Action taken against a person was because the person has or is believed to have:
- Exercised their rights under this policy,
- Reported or opposed conduct which was reasonably and in good faith believed to be in violation of this policy,
- Assisted or participated in an investigation/proceeding under this policy, regardless of whether the Complaint was substantiated,
- Assisted someone in reporting or opposing a violation of this policy or assisted someone in reporting or opposing Retaliation under this policy.
Adverse Action means an action engaged in by the Respondent that has a substantial and material adverse effect on the Complainant’s ability to participate in a university program, activity, or employment. Minor or trivial actions or conduct not reasonably likely to do more than anger or upset a Complainant does not constitute an Adverse Action.
Retaliation may occur whether or not there is a power or authority differential between the individuals involved.
Additional Prohibited Conduct Definitions
Note: See further information in Cal State East Bay’s sexual violence prevention and education statement, Title IX Notice of Nondiscrimination at http://www.csueastbay.edu/af/departments/risk-management/investigations/files/docs/notice-of-non-discrimination.pdf which includes facts and myths about sexual violence at: http://www.csueastbay.edu/af/departments/risk-management/files/docs/eo-1095-attachment-b-myths-and-facts-2015.pdf., and Victim’s Rights and Options Notice at http://www.csueastbay.edu/af/departments/risk-management/risk/files/docs/eo-attachment%20c.pdf
Whom to Contact with Complaints, Questions, or Concerns
Title IX requires the university to designate a Title IX Coordinator to monitor and oversee overall Title IX compliance. The campus Title IX Coordinator is available to explain and discuss the university’s complaint process, including the investigation and hearing process; the availability of reasonable supportive measures (both on and off campus regardless of whether the person chooses to report the conduct); the right to file a criminal complaint (for example, in cases of sexual misconduct); how confidentiality is handled; and other related matters. In the midst of an emergency, please call the police immediately by dialing 9-1-1.
CSUEB Title IX Coordinator:
Terri LaBeaux (510) 885-4918 firstname.lastname@example.org
25800 Carlos Bee Blvd. Hayward, SA 1600 CA 94542 Monday - Friday 8:30am - 5:00pm
CSUEB Confidential Campus Advocate:
(510) 885-3700 email@example.com
Office of Diversity (510) 885-2809
25800 Carlos Bee Blvd. Hayward, SA 4200 CA 94542 Monday - Friday 8:30am - 5:00pm
CSUEB Deputy Title IX Coordinators:
Bethany Hobbs-Helmus, Intercollegiate Athletics (510) 885-7624;
Rosalina Johnson, DHR Senior Investigator (510) 885-3238
University Police Lieutenant:
Omar Miakhail (510) 885-3791
25800 Carlos Bee Blvd. Hayward, CA 94542
Hayward Police Department Special Victims Unit:
300 W. Winton Ave. Hayward, CA (510) 293-7034
Non-emergency: (510) 293-7000
Concord Police Department :
Non-emergency: (925) 671-3220
Emergency: (925) 671-3333 from cell phone
U.S. Department of Education, Office for Civil Rights (OCR):
(800) 421-3481 (main office), or
(415) 486-5555 California office), or
(800) 877-8339 (TDD) or
firstname.lastname@example.org (main office) or email@example.com (California office)
If you wish to fill out a complaint form online with the OCR, you may do so using the OCR Electronic Complaint Form.
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 Interim Procedures for Complaints of Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking and Retaliation Made Against a Student (or any successor) is the systemwide procedure for all complaints of discrimination, harassment or retaliation made against, other CSU students. Interim Procedures for Complaints of Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking and Retaliation (or any successor procedure) is the systemwide procedure for all complaints of discrimination, harassment or retaliation made against the CSU, a CSU employee or a third party.
Duty to Report. 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 their name remain confidential. The Title IX Coordinator will determine whether confidentiality is appropriate given the circumstances of each such incident. (See confidential reporting options outlined below.)
Regardless of whether an alleged victim of 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 sexual 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 & 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, students may face discipline at the university, up to and including suspension or expulsion and withholding of their degrees. Employees may face sanctions up to and including suspension, demotion or dismissal from employment, pursuant to established CSU policies and provisions of applicable collective bargaining unit agreements.
Students who are found responsible by the university with gender discrimination, harassment or sexual misconduct will be subject to discipline, pursuant to Interim Procedures for Complaints of Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking and Retaliation Made Against a Students and the California State University and Student Conduct Procedures (see Executive Order 1098, revised on August 14, 2020, or any successor executive order) and will be subject to appropriate sanctions. In addition, during any investigation, the university may implement interim measures in order to maintain a safe and non-discriminatory educational environment. Such measures may include but not be limited to: immediate interim suspension from the university; a required move from university-owned or affiliated housing; adjustments to course schedule; and/or prohibition from contact with parties involved in the alleged incident.
Confidentiality & Sexual Misconduct, Dating Violence, Domestic Violence & Stalking
The CSU and the University encourages victims of sexual misconduct, dating violence, domestic violence or stalking to talk to someone about what happened - so they can get the support they need, and so the University can respond appropriately.
Privileged and Confidential Communications
Physicians, Psychotherapists, Professional Licensed Counselors, Licensed Clinical Social Workers, and Clergy - Physicians, psychotherapists, professional, licensed counselors, licensed clinical social workers, and clergy who work or volunteer on or off campus, acting solely in those roles or capacities as part of their employment, and who provide medical or mental health treatment or counseling (and those who act under their supervision, including all individuals who work or volunteer in their centers and offices) may not report any information about an incident of sexual misconduct to anyone else at the university, including the Title IX Coordinator, without the victim’s consent. A victim can seek assistance and support from physicians, psychotherapists, professional, licensed counselors, licensed clinical social workers and clergy without triggering a university investigation that could reveal the victim’s identity or the fact of the victim’s disclosure. However, see limited exceptions below regarding when health care practitioners must report to local law enforcement agencies. Health care practitioners should explain these limited exceptions to victims, if applicable.
Sexual Assault and Domestic Violence Counselors and Advocates - Sexual assault and domestic violence counselors and advocates who work or volunteer on or off campus in sexual assault centers, victim advocacy offices, women’s centers and health centers (including those who act in that role under their supervision, along with non-professional counselors or advocates who work or volunteer in sexual assault centers, victim advocacy offices, women’s centers, gender equity centers, or health centers), may talk to a victim without revealing any information about the victim and the incident of sexual misconduct to anyone else at the university, including the Title IX Coordinator, without the victim’s consent. A victim can seek assistance and support from these counselors and advocates without triggering a university investigation that could reveal his/her identity or that a victim disclosed an incident to them. However, see limited exceptions below regarding when sexual assault and domestic violence counselors and advocates must report to local law enforcement agencies. Counselors and advocates should explain these limited exceptions to victims, if applicable.
The university will be unable to conduct an investigation into a particular incident or pursue disciplinary action against a perpetrator if a victim chooses to (1) speak only to a physician, professional licensed counselor, licensed clinical social worker, clergy member, sexual assault counselor, domestic violence counselor or advocate; and (2) maintain complete confidentiality. Even so, these individuals will assist victims in receiving other necessary protection and support, such as victim advocacy, disability services, 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 retaliation occurs.
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 misconduct, dating or domestic violence, or stalking 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 crimes, 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 their identity be kept confidential, their name will not become a matter of public record. However, even if the victim requests confidentiality of identity, the University Police should specifically ask the victim if the victim’s name can be provided to the Title IX Office so that the Title IX Coordinator can contact the victim to discuss supportive measures that can be offered. If a victim gives consent to law enforcement to provide their name to the Title IX Coordinator, their name will not become a matter of public record. Even if a victim does not give the police permission to provide their name to the Title IX Coordinator, University police will 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 incidents of sexual misconduct when they are on notice of it. When a victim tells the Title IX Coordinator or another university employee about an incident of sexual misconduct, 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 incidents of sexual misconduct 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 incidents of sexual misconduct 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 report of sexual misconduct may result in the gathering of extremely sensitive information about individuals in the campus community. While such information is considered confidential, university policy regarding access to public records and disclosure of personal information may require disclosure of certain information concerning a report of sexual misconduct. In such cases, efforts will be made to redact the records, as appropriate, in order to protect the victim’s identity and privacy and the privacy of other involved individuals. Except as detailed in the section on “Privileged and Confidential Communications” above, no university employee, including the Title IX Coordinator, should disclose the victim’s identity to the police without the victim’s consent or unless the victim has also reported the incident to the police.
If a victim requests of the Title IX Coordinator or another university employee that their identity remain completely confidential, the Title IX Coordinator will explain that the university cannot always honor that request or 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 (or any successor executive order) for further details around confidential reporting, and other related matters.
Oakland Police Department Non-emergency: (510) 777-3333 Emergency: (510) 777-3211 from cell phone
BART Police Non-emergency: (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
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 is defined as digital products, materials, and works created, edited, and completed by the student or with which the student interacts as required by coursework specified by the instructor. Coursework data takes many forms, some of which include single data files (e.g. word processing files, presentation files, multimedia files), compressed archives (e.g. .zip files, .rar files), interactive coursework and assessments (e.g. online exams), and synchronous and asynchronous communication across multiple computing platforms (e.g. webinars, synchronous collaborative documents). While these examples represent a wide variety of the kinds of coursework data that may be required in a classroom, it is understood that the pace of change and innovation in technology introduces new and updated types of coursework data that may not be listed here but are also included as part of this policy.
Responsibilities for the Prevention or Management of Data Loss
- Multiple individual users and groups are responsible for the prevention and restoration of data and service, and the mitigation of damage when irreversible loss occurs. These include: the University, third-party vendors, and end users.
- The University
- Data and/or service loss resulting from university systems is known as institutional data loss. The University is responsible for ensuring the integrity of services it provides, either directly, if the data resides on university servers, or indirectly, if the data resides on servers operated by third-party vendors. To minimize the impact of university systems failure, appropriate university personnel will
- ensure that data is backed up on a regular schedule;
- restore lost data as quickly as possible; and
- communicate necessary information via Campus Announcements, including the appropriate requirements of this policy, and providing follow-up Campus Announcements regarding the status of services, as needed.
- Third-party Vendors and Software
- In the case of data or service loss by third-party vendors or the use of software not provided by the University, variations will occur depending on the stability and depth of the company providing data, services or software. Within its ability, the University will:
- ensure that provisions related to the prevention and restoration of data and/or services are included in contracts, and also requirements that the vendor back up data regularly and notify the University when data or service loss occurs;
- notify the third-party vendor of observable losses when noted at the University;
- work with the third-party vendor to ensure that data is restored from the last back-up and/or that service is restored as quickly as possible;
- ensure that the vendor provides appropriate communications to the University regarding the status of data and services; and
- receive and interpret vendor communications and/or communicate necessary information via a Campus Announcement, invoking the appropriate requirements of this policy, as appropriate; and provide follow-up Campus Announcements regarding the status of data and services, as needed.
- Campus Announcements should stipulate
- the nature of the problem;
- the actions being taken to resolve the problem; and
- the anticipated recovery time as soon as it is known.
While the University is indirectly responsible for working with third-party vendors and communicating appropriately to the user community, the University cannot be directly held responsible for third-party data losses. Further, should individual faculty, departments, or colleges contract with third-party vendors for data services without the knowledge, authorization, and approval of the institution, the individual, department, or college will be responsible for ensuring data integrity and communicating with the group of users involved in those services.
- Individual Users
- Individual users (students and faculty) are responsible for preventing data loss by making backups of coursework data. The minimum recommended number of backups is two. Examples of backup methods include: flash drives, emailing documents to self, use of a third-party service such as Carbonite, and backup to external drives. Regardless of the method chosen, backups should be conducted regularly and often, and individuals should “save” their work frequently throughout its creation.
- It is also important to note that if an individual is working on a university computer (in offices, in the learning commons/library, or elsewhere on campus), the individual is responsible for making appropriate back-ups and saving often to ensure data integrity. Work being created by an individual during a computer crash is the responsibility of that individual. If back-ups are made sufficiently often, no or minimal loss should occur and restoration should be simple. The exception is if the data cannot be backed up regularly, e.g., during the taking of a test in Blackboard.
Rights in the Case of Data Loss
In the case of data loss as a result of the failure of the University or third-party vendors, i.e., a loss that is not the responsibility of students or faculty, accommodations will be made to mitigate negative consequences that may result. Examples of system failures include:
- unscheduled downtime (a “crash”), where an assignment is due between the time of the crash and the last system backup or the last possible restoration point in the case of a failed backup. This could occur in the LMS or in a computer lab;
- unacceptable patterns of slowness/crash/partial recovery/full recovery occurring when assignments are due or online exams/quizzes/tests are underway, making it impossible for students to meet deadlines;
- third-party service interruption or stoppage where students are unable to complete assignments or work by deadlines; and
- power outages in computer labs during exams.
When possible, Information Technology will notify the University community of system failures, but not all will be immediately visible to a faculty member. If no campus announcement has been issued, faculty should verify any student-reported loss with the Information Technology Service Desk to determine if they 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 their responsibility to back up data appropriately, however, the student is responsible for that failure.
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 their 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 it is backed up in two or more places on at least two different types of media. Make sure that the backup is not in a temporary file that will disappear when the program is closed or the computer is shut down.
Student Publication Responsibilities
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, Campus Life (Student Services and Administration Building, 1st Floor).
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 Cal State East Bay. The procedure for making such protected disclosures is set forth in the document titled “Complaint Procedures for Protected Disclosure of Improper Governmental Activities and/or Significant Threats to Health or Safety” (Executive Order 1115) and can be viewed or downloaded at: https://calstate.policystat.com/policy/6741645/latest/. The Cal State East Bay administrator responsible for receiving and investigating such disclosures is the Director of Audits and Compliance within 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 “Complaint Procedure for Allegations of Retaliation for Having Made a Protected Disclosure under the California Whistleblower Protection Act” (Executive Order 1116) and can be viewed or downloaded at: https://calstate.policystat.com/policy/6742050/latest/. As with protected disclosures, the Director of Audits and Compliance within Risk Management and Internal Control is responsible for receiving and investigating retaliation complaints.
Student Complaint Procedure (Complaints Regarding the CSU)
The California State University takes very seriously complaints and concerns regarding the institution. If you have a complaint regarding the CSU, you may present your complaint as follows:
- If your complaint concerns CSU’s compliance with academic program quality and accrediting standards, you may present your complaint on the Western Association of Schools and Colleges (WASC) website. WASC is the agency that accredits the CSU’s academic program.
- If your complaint concerns an alleged violation by CSU of any law that prohibits discrimination, harassment or retaliation based on a protected status (such as age, disability, gender (or sex), gender identity, gender expression, nationality, race or ethnicity (including color, caste or ancestry), religion or veteran or military status), you may present your complaint as described in Section XVI (Nondiscrimination Policy).
- If your complaint concerns an alleged violation by the CSU of other state law, including laws prohibiting fraud and false advertising, you may present your claim complaint to the campus president or designee the Director of Audits and Compliance. See Procedure for Student Complaints-Executive Order No. 1063 for details regarding the complaint requirements and complaint process.
- Other complaints regarding the CSU may be presented to the campus dean of students, 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 campus, or by WASC, you may file an appeal with the Assistant Vice Chancellor, Academic and Student Affairs (or designee) at the CSU Chancellor’s Office.
This procedure should not be construed to limit any right that you may have to take legal action to resolve your complaint.
Appealing an Inappropriate Grade
Faculty have the sole right and responsibility to provide careful evaluation and timely assignment of appropriate grades. There is a presumption that grades assigned are correct. It is the responsibility of anyone appealing an assigned grade to demonstrate otherwise. In the absence of compelling reasons, such as instructor or clerical error, prejudice or capriciousness, the grade assigned by the instructor of record is to be considered final. Students who believe that an appropriate grade has not been assigned should attempt to resolve the problem with their instructor. If the student is not satisfied with the outcome, they should discuss the issue with the department chair in which the course was offered. If the issue is not resolved, the student should make an appointment with the dean or associate dean of the college in which the course is offered. If all previous actions fail, the student should contact the Presidential Appointee to the Grade Appeal and Academic Grievance Committee by calling (510) 885-3716. If the student has applied for graduation, the student should notify their graduation evaluator that a question is pending resolution. Once a degree is posted, no grade changes will be allowed.
Grade Appeal and Academic Grievance Committee
The Grade Appeal and Academic Grievance process, administered by this committee, allows students to resolve serious cases of alleged academic unfairness. After every effort by all parties to resolve the dispute has been ineffective, students can discuss their case with the Presidential Appointee to the Grade Appeal and Academic Grievance Committee. The Presidential Appointee will assist students in exhausting all normal channels and, if necessary, in filing a Petition (see link below) for a Grade Appeal Hearing. Students will need to submit their petition and supporting documentation to the Academic Programs and Services Office. The committee will review this documentation and the response(s) filed by the other parties involved in the dispute. If the committee finds possible grounds for a grievance, a Hearing Panel will be convened to hear the case. Under normal circumstances, the student must file their Petition before the end of the semester following the semester in which the alleged incident took place.
The Grade Appeal and Academic Grievance Committee is empowered to change a grade in accordance with the Grade Appeal Document and to assign a grade in cases where the instructor may have assigned an unfair academic grade. The Grade Appeal and Academic Grievance Committee is authorized to change a grade only after it has conducted a proper review of the case.
Grade Appeal Petition Form
For additional information see the Student Rights, Responsibilities & Conduct chapter.
More information is available from the Office of Academic Programs and Services (Student Services and Administration Building, Suite 4500; Tel. (510) 885-3716)
Campus Community Values
The university is committed to maintaining a safe and healthy living and learning environment for students, faculty, and staff. Each member of the campus community should choose behaviors that contribute toward this end. Students are expected to be good citizens and to engage in responsible behaviors that reflect well upon their university, to be civil to one another and to others in the campus community, and contribute positively to student and university life.
Grounds for Student Discipline
Student behavior that is not consistent with the Student Conduct Code is addressed through an educational process that is designed to promote safety and good citizenship and, when necessary, impose appropriate consequences. The following are the grounds upon which student discipline can be based:
- Dishonesty, including:
- Cheating, plagiarism, or other forms of academic dishonesty that are intended to gain unfair academic advantage.
- Furnishing false information to a university official, faculty member, or campus office.
- Forgery, alteration, or misuse of a university document, key, or identification instrument.
- Misrepresenting one’s self to be an authorized agent of the university or one of its auxiliaries.
- Unauthorized entry into, presence in, use of, or misuse of university property.
- Willful, material and substantial disruption or obstruction of a University-related activity, or any on-campus activity.
- Participating in an activity that substantially and materially disrupts the normal operations of the university, or infringes on the rights of members of the university community.
- Willful, material and substantial obstruction of the free flow of pedestrian or other traffic, on or leading to campus property or an off-campus university related activity.
- Disorderly, lewd, indecent, or obscene behavior at a University related activity, or directed toward a member of the university community.
- Conduct that threatens or endangers the health or safety of any person within or related to the university community, including physical abuse, threats, intimidation, harassment, or sexual misconduct.
- Hazing or conspiracy to haze. Hazing is defined as any method of initiation or pre-initiation into a student organization or student body, whether or not the organization or body is officially recognized by an educational institution, which is likely to cause serious bodily injury to any former, current, or prospective student of any school, community college, college, university or other educational institution in this state (Penal Code 245.6), and in addition, any act likely to cause physical harm, personal degradation or disgrace resulting in physical or mental harm, to any former, current, or prospective student of any school, community college, college, university or other educational institution. The term “hazing” does not include customary athletic events or school sanctioned events.
- Neither the express or implied consent of a victim of hazing, nor the lack of active participation in a particular hazing incident is a defense. Apathy or acquiescence in the presence of hazing is not a neutral act, and is also a violation of this section.
- Use, possession, manufacture, or distribution of illegal drugs or drug- related paraphernalia, (except as expressly permitted by law and university regulations) or the misuse of legal pharmaceutical drugs.
- Use, possession, manufacture, or distribution of alcoholic beverages (except as expressly permitted by law and university regulations), or public intoxication while on campus or at a university related activity.
- Theft of property or services from the university community, or misappropriation of university resources.
- Unauthorized destruction or damage to university property or other property in the university community.
- Possession or misuse of firearms or guns, replicas, ammunition, explosives, fireworks, knives, other weapons, or dangerous chemicals (without the prior authorization of the campus president) on campus or at a university related activity.
- Unauthorized recording, dissemination, or publication of academic presentations (including handwritten notes) for a commercial purpose.
- Misuse of computer facilities or resources, including:
- Unauthorized entry into a file, for any purpose.
- Unauthorized transfer of a file.
- Use of another’s identification or password.
- Use of computing facilities, campus network, or other resources to interfere with the work of another member of the university community.
- Use of computing facilities and resources to send obscene or intimidating and abusive messages.
- Use of computing facilities and resources to interfere with normal university operations.
- Use of computing facilities and resources in violation of copyright laws.
- Violation of a campus computer use policy.
- Violation of any published university policy, rule, regulation or presidential order.
- Failure to comply with directions or, or interference with, any university official or any public safety officer while acting in the performance of his/her duties.
- Any act chargeable as a violation of a federal, state, or local law that poses a substantial threat to the safety or well-being of members of the university community, to property within the university community or poses a significant threat of disruption or interference with university operations.
- Violation of the Student Conduct Procedures, including:
- Falsification distortion, or misrepresentation of information related to a student discipline matter.
- Disruption or interference with the orderly progress of a student discipline proceeding.
- Initiation of a student discipline proceeding in bad faith.
- Attempting to discourage another from participating in the student discipline matter.
- Attempting to influence the impartiality of any participant in a student discipline matter.
- Verbal or physical harassment or intimidation of any participant in a student discipline matter.
- Failure to comply with the sanction(s) imposed under a student discipline proceeding.
- Encouraging, permitting, or assisting another to do any act that could subject him or her to discipline.
Procedures for Enforcing This Code
The chancellor shall adopt procedures to ensure students are afforded appropriate notice and an opportunity to be heard before the university imposes any sanction for a violation of the Student Conduct Code. [Note: At the time of publication, such procedures are set forth in California State University Executive Order 1098 (Revised June 23, 2015), available at 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 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 a student’s own 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 students have been instructed to return to their 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 internet);
- 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 Academic 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 of 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 they are suspected of cheating. If an exam is in progress, unauthorized materials should be confiscated, and the student should be allowed to finish. If relevant, the names of students in adjoining seats should be noted. If there is evidence involving plagiarism: the instructor should assemble documentation and notify the student promptly in private.
Academic Dishonesty Incident Report
Whenever dishonesty occurs, the 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 1098 (revised March 29, 2019) with the Office of Student Conduct, Rights and Responsibilities, and the student will receive a copy. The report will remain on file with the Academic Affairs Office for five years or until the student graduates, whichever comes first.
Depending on the circumstances, the student 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 the grade adjusted for the assignment; or
- (d) have the 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.
Students may appeal an instructor’s action to the Grade Appeal Committee (see above). The 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 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 1098, Article V. Sanctions, paragraph E entitled Record of 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 1098 can be accessed on the Office of Student Conduct, Rights and Responsibilities website.
Civil & Criminal Penalties for Violation of Federal Copyright Laws
Anyone who is found to be liable for copyright infringement may be liable for either the owner’s actual damages along with any profits of the infringer or statutory damages of up to $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.) Under certain circumstances, willful copyright infringement may 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, Tobacco, 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, tobacco, and other drugs will be required to meet with the Office of Student 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:
- Participation in an alcohol or other drug education program;
- Educational requirements;
- Disciplinary probation;
- Restitution for damages;
- Possible sanctions for student groups/organizations:
- Social probation for a specified period of time;
- Restitution for damages;
- Freezing of funds, if any are available;
- Report of violations to the national headquarters or offices of the organizations if such exist;
- Removal of officers from office;
- 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 student clubs/organizations, and to provide outreach to the campus community. To request a program, please complete the online form.
Cal State East Bay Campus and Community Resources
For Students: Student Health and Counseling Services (SHCS): (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 ATOD website.
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 Cal State East Bay students, staff, faculty and the community and is divided into five subcommittees:
- Education and Prevention
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 Cal State East Bay 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 Cal State 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 drug 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.
Change of Personal Data Information
Change of Name
For legal name changes, students should complete the Personal Data Change form, submit the form with copies of required government issued documentation (e.g., marriage certificate, driver’s license, or passport) to the Office of the Registrar.
Update of Preferred Name
Students may update their preferred first name that will be viewed on the class roster, grade roster, the Bay Card, and in MyCSUEB. The “primary” name will continue to be the student’s legal name and will continue to appear on the diploma, official and unofficial transcripts, e-mail accounts, and any other university documents including financial aid or student financial accounts. Students should continue to use their primary names when conducting official university business.
In order to change their preferred name, students can log in to MyCSUEB, select Student Center and then select “Names” in the Personal Information section.
Students have the option to select a pronoun (he/she/they/etc) that will appear in their Student Center in MyCSUEB and on the class roster viewed by each instructor. Students can make their pronoun selection in MyCSUEB under the “Personal Information” section.
Change of Address
Students may change their address online using MyCSUEB. Students must officially notify Cal State East Bay of an address change in order to ensure that all official correspondence is sent to the correct address.
Note: The University is not responsible for mailing correspondence to the incorrect address unless the student has formally made an address change.