Student Sexual Misconduct Policy
| Policy Administrator: Vice President for Student Affairs
Authority: PM SA 06-04, Calif. Code of Regulations, Title 5, Section 41301; E.O. 970
August 25, 2006
Index Cross-References: Rights, Students; Responsibilities, Students
Policy File Number:
STUDENT SEXUAL MISCONDUCT POLICY
- In accordance with the Student Conduct Code (Section 41301 of Title 5 of the California Code of Regulations) and Executive Order 970, California State University, Sacramento (hereafter referred to as Sacramento State) does not tolerate sexual misconduct in any form. Sexual misconduct includes sexual assault or battery, sexual harassment, or any other form of inappropriate and/or non-consensual sexual conduct. This policy applies to all prospective students who have made application to the university, registered students, interns, and volunteers affiliated with the Sacramento State, or any of its authorized auxiliary organizations.
- Any student or student organization found in violation of Sacramento State’s sexual misconduct policy may face both disciplinary and legal action regardless of whether the incident occurs on or off campus. Such disciplinary sanctions could include a combination of special conditions, probation, suspension, or expulsion from the University, in accordance with the Student Conduct Procedures, Executive Order 970.
- Sexual Assault and Battery. Sexual assault and battery includes, but is not limited to, actual or attempted rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or threat of sexual assault and/or battery.
- Other Forms of Inappropriate Sexual Conduct. Other unacceptable sexual conducts include, but are not limited to, stalking, indecent exposure, obscene correspondence such as letters, e-mail, pornographic attachments, voyeurism, unwanted obsessive contacts, sexual slander and/or any other inappropriate sexual misconduct.
- Consent. Consent is defined as positive willingness in act or attitude. The consenting individual must be of legal age and fully informed about the nature of the act. The interaction must be completely voluntary and may be considered against the will of the victim when he or she is incapable of giving consent due to ingestion of alcohol or drugs, regardless of whether the ingestion was voluntary or not. In addition, if the victim was asleep or unconscious, consent cannot be inferred, and therefore the sexual act would be considered non-consensual.
However, intoxication is no excuse for engaging in sexually inappropriate conduct and will not be considered a defense in such cases. History of previous dating relationship or evidence of a current relationship does not constitute consent. The determination regarding the presence or absence of consent should be based on the totality of circumstances, including the context in which the alleged incident occurred. Students should understand that consent may not be inferred from silence or passivity alone.
- The victim of a sexual misconduct occurring on campus should report the incident to the University Police (916-278-6851 / www.csus.edu/police), if occurring off campus to the local police, and the Sacramento State Victim Advocate at the Student Health Center (916-278-3799 / Violence and Sexual Assault Support Services) in either circumstance. The Victim Advocate is on-call 24 hours and can accompany the victim to law enforcement interviews, medical exams, court proceedings, and disciplinary proceedings. The victim advocate will also arrange for counseling, academic intervention, and restraining orders in a confidential manner. Regardless of whether or not the victim reports the crime to law enforcement, they are still eligible for victim advocacy services.
- The University Police, after contacting the victim will immediately conduct an investigation of a reported sexual crime. The victim and/or the University may also initiate University disciplinary action if the assailant is a student by filing a report with the Office of the Vice President for Student Affairs (916-278-6060). Student Conduct Procedures will be initiated regardless of any criminal proceedings.
- In the event of a campus disciplinary procedure, the accuser and the accused are entitled to the same opportunities to have others present during a disciplinary proceeding. Additionally, both the accuser and the accused shall be informed of the outcome of any institutional disciplinary proceeding brought alleging a sexual assault (the institution's final determination and sanction, if any, against the accused).
Approved by Alexander Gonzalez, President
October 2, 2008