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Sexual Assault, Domestic Violence, Dating Violence, and Stalking Policy, Procedures, Rights, and Information

The �������ϲ� is committed to providing an academic and work environment free of unlawful harassment including sexual intimidation and exploitation, and will not tolerate any behavior that constitutes unlawful harassment of staff, students, or visitors. All employees and students are encouraged to report incidents of harassment and discrimination without fear of retaliation for filing a complaint or for participating in a harassment or discrimination investigation.����

Learn more about the��Unlawful Harassment & Discrimination Policy.��

An Advisor is a person chosen by a party or appointed by the institution to accompany the party to meetings related to the Resolution Process, to advise the party on that process, and to conduct questioning for the party at the hearing, if any.

The Appeal Decision-maker is the person who accepts or rejects a submitted appeal request, determines whether an error occurred that substantially affected the investigation or original determination, and directs corrective action, accordingly.

The Complainant is an individual who is alleged to be the victim of conduct that could constitute harassment or discrimination based on a protected characteristic, or retaliation for engaging in a protected activity.

A Confidential Resource is an employee who is not a mandated reporter of notice of harassment, discrimination, and/or retaliation (irrespective of Clery Act Campus Security Authority status).

Day means an business day when the �������ϲ� is in normal operation.

Directly Related Evidence is evidence connected to the complaint, but which is neither inculpatory (tending to prove a violation) nor exculpatory (tending to disprove a violation) and cannot be relied upon by the Decision-maker(s). Compared to Relevant Evidence.

The Education Program or Activity means locations, events, or circumstances where �������ϲ� exercises substantial control over both the Respondent and the context in which the harassment, discrimination, and/or retaliation occurs and also includes any building owned or controlled by a student organization that is officially recognized by the �������ϲ�.

The Final Determination is a conclusion by the standard of proof that the alleged conduct did or did not violate policy.

The Finding is a conclusion by the standard of proof that the conduct did or did not occur as alleged (as in a “finding of fact”).

A Formal Complaint is a document submitted or signed by a Complainant or signed by the Title IX Coordinator alleging a Respondent engaged in harassment or discrimination based on a protected characteristic or retaliation for engaging in a protected activity and requesting that the �������ϲ� investigate the allegation(s).

The Formal Grievance Process is a method of formal resolution designated by the �������ϲ� to address conduct that falls within the policies included below, and which complies with the requirements of the Title IX regulations.

The Grievance Process Pool includes any Investigators, Hearing Decision-makers, Appeal Decision-makers, and Advisors who may perform any or all of these roles (though not at the same time or with respect to the same complaint).

An Informal Resolution is a complaint resolution agreed to by the Parties and approved by the Title IX Coordinator that occurs prior to a formal Final Determination being reached.

The Investigator is the person(s) authorized by �������ϲ� to gather facts about an alleged violation of this Policy, assess relevance and credibility, synthesize the evidence, and compile this information into an investigation report of Relevant Evidence and a file of Directly Related Evidence.

A Mandated Reporter is a �������ϲ� employee who is obligated by policy to share knowledge, notice, and/or reports of harassment, discrimination, and/or retaliation with the Title IX Coordinator [and/or their supervisor].

Notice means that an employee, student, or third party informs the Title IX Coordinator or other Official with Authority of the alleged occurrence of harassing, discriminatory, and/or retaliatory conduct.

An Official with Authority (OWA) is a �������ϲ� employee who has responsibility to implement corrective measures for harassment, discrimination, and/or retaliation on behalf of the �������ϲ�.

Parties mean the Complainant(s) and Respondent(s), collectively.

Postsecondary Institution means a campus of the �������ϲ� of California, the California State �������ϲ�, or the California Community Colleges, a private postsecondary educational institution, or an independent institution of higher education that receives state financial assistance.

Relevant Evidence is evidence that tends to prove (inculpatory) or disprove (exculpatory) an issue in the complaint.

Remedies are post-Final Determination actions directed to the Complainant and/or the community as mechanisms to address safety, prevent recurrence, and restore access to the �������ϲ�’s education program.

The Respondent is an individual who has been reported to be the perpetrator of conduct that could constitute harassment or discrimination based on a protected characteristic, or retaliation for engaging in a protected activity under this Policy.

Responsible Employee means an employee who has the authority to take action to redress sexual harassment or provide supportive measures to students, or who has the duty to report sexual harassment to an appropriate school official who has that authority.

A Resolution is the result of an Informal Resolution or Formal Grievance Process.

Sanction means a consequence imposed on a Respondent who is found to have violated this, Policy.

Sexual Harassment is an umbrella category including the offenses of sexual harassment, sexual assault, stalking, dating violence, and domestic violence. Please see AP 3430, 3433, 3434 for greater details of Sexual Harassment.

Student means any individual who has accepted an offer of admission, or who is registered or enrolled for credit or non-credit bearing coursework, and who maintains an ongoing educational relationship with the �������ϲ�.

Supportive Measures are non-disciplinary, non-punitive individualized services offered as appropriate and as reasonably available. They are offered, without fee or charge to the parties, to restore or preserve access to the �������ϲ�’s education program or activity, including measures designed to protect the safety of all parties and/or the �������ϲ�’s educational environment and/or to deter harassment, discrimination, and/or retaliation.

Title IX Coordinator is at least one official designated by the �������ϲ� to ensure compliance with Title IX and the �������ϲ�’s Title IX program. References to the Coordinator throughout this policy may also encompass a designee of the Coordinator for specific tasks.

Title IX Team refers to the Title IX Coordinators, and any member of the Grievance Process Pool.

�������ϲ� means a postsecondary education program that is a �������ϲ� of federal funding.

Unlawful Discrimination is discrimination against a protected class or gender discrimination.