Official Notices and Policies

Availability of Institutional and Financial Assistance Information

To obtain information regarding institutional and/or financial assistance, contact the administrator(s) and/or department(s) listed below:

Athletic Coordinator

(760) 750-7100

• Information concerning athletic opportunities available to male and female students and the financial resources and personnel that Cal State San Marcos dedicates to its men’s and women’s teams.

Cashier’s Office

(760) 750-4491

• Information concerning the cost of attending.
• If requested, additional costs for specific programs.
• Fees and tuition (where applicable).
• Information concerning the refund policies of Cal State San Marcos for the return of unearned tuition and fees or other refundable portions of institutional charges.

Jeanne Clery Crime Disclosure Act

Chief of Police

(760) 750-4567

• Information concerning California State San Marcos policies, procedures, and facilities for students and others to report criminal actions or other emergencies occurring on campus.
• The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act requires the distribution of an annual security report to all current faculty, staff, and students and notice of its availability to prospective students, faculty, and staff. The annual security and fire safety report includes statistics for the previous three years concerning reported crimes, and incidents of fire that occurred on campus, in certain off-campus buildings or property owned or controlled by the California State University, and on public property within, or immediately adjacent to and accessible from the campus. The report also includes institutional policies concerning campus security, such as policies concerning alcohol and drug use, crime prevention, the reporting of crimes, sexual assault, and other matters. You can obtain a copy of this report by contacting the Police Department of each campus, or by accessing the following web site: http://www.calstate.edu/strategicinitiatives/compliance-reporting/annual-security.shtml

Dean of Students Office

(760) 750-4935
(TDD 750-4909)
www.csusm.edu/dos

The Dean of Students Office provides general information concerning campus policies, procedures, and regulations and offers help to students seeking to resolve campus problems. Students needing assistance with any university matter are invited to begin with this office. Specific policies regarding student grievances, student grade appeals, student conduct, and discrimination, harassment, and retaliation are administered by this office.

• Information concerning student activities that California State University San Marcos provides, must be easily accessible on www.csusm.edu.
• Student Outreach And Referral (SOAR) and the Cougar Care Network (CCN) are CSUSM’s early support programs to improve student success, retention, and persistence by providing information, resources, and support needed to ensure students’ personal and academic success. For students: https://www.csusm.edu/soar/ For faculty and staff: https://www.csusm.edu/ccn/
• Co-Curricular Model: The Co-Curricular Model (CCM) creates an integrated learning environment where students are empowered to apply the knowledge and skills learned in the classroom through a myriad of intentional learning opportunities. The CCM provides a framework to support integrated earning at CSUSM, serves as a resource to guide the development of co-curricular learning opportunities, and promotes student engagement so that upon graduation, students will be competitive in a global workforce. The CCM is grounded in five student learning outcomes: Civic Engagement and Social Responsibility, Leadership and Interpersonal Development, Career and Professional Development, Critical Thinking and Ethical Reasoning, and Holistic Learning.
• Tukwut Life: Tukwut Life is a campus-wide, community-supported initiative that defines the Cal State San Marcos student life experience. Under the leadership of the Dean of Students Office, our vision is for students to see, hear, taste, and touch student life on CSUSM’s campus. Through signature programs, events and leadership opportunities, students will engage in meaningful relationships and develop memories that will last a lifetime. These holistic, transformative learning experiences will help students succeed in and outside of the classroom and develop them into dynamic leaders.
• Students at Cal State San Marcos are subject to the same federal, state, and local laws as other citizens. Of particular importance are regulations established by the State of California through its Education Code. In addition, regulations from the Board of Trustees and the local University directly affect student life on campus. Students are responsible for their behavior on campus and are expected to know and comply with all policies and regulations printed in this Catalog. Information on all policies that affect students is available in the Dean of Students Office.
• Information concerning grievance procedures for students who feel aggrieved in their relationships with the University, its policies, practices, and procedures, or its faculty and staff.
• The Civility Campaign, an effort led by the Dean of Students Office, defines civility to reflect the community values of CSUSM. The University strives to be a community demonstrating respect for oneself and for others, treatment of others with dignity, and behaviors which promote a physically and psychologically safe, secure, and supportive climate enabling all community members to engage as full and active participants where the free flow of ideas are encouraged and affirmed. For more information, visit www.csusm.edu/civility.

SOAR and CCN: Connecting Students to Support

University Student Union (USU) 3500
760-750-SOAR (7627) or 760-750-4935 (Dean of Students Office Main Line)
https://www.csusm.edu/soar/ 

Student Outreach and Referral (SOAR) is the “First Stop Shop for All Things Student.” SOAR is there for students to find answers, resolve concerns, access resources, and seek support. SOAR staff will work with students to individually connect them to the information, resources, and support needed to remove any barriers to students’ personal and academic success. 

Cougar Care Network (CCN) is CSUSM’s early support initiative to improve student success, retention, and persistence. Through early alert referrals from CSUSM faculty and staff, CCN serves as a safety net to assist students who may be experiencing challenges inside or outside of the classroom. Faculty and staff participate by referring students who may be experiencing barriers to their personal and academic success. All CCN referrals are sent to the Student Outreach & Referral Coordinator who will then connect students to the appropriate department.

Most students who are referred to CCN will receive support from one of the following areas:

• CARE Manager (Dean of Students Office)

• Disability Support Services (DSS)

• Personalized Academic Success Services (PASS)

• Special Groups (ACE, CAMP, DSS, EOP, PASO, TRIO SSS, Veterans)

• Title IX/Discrimination, Harassment, and Retaliation

• University Police Department

Faculty and staff at CSUSM care about our student success and want to make sure students have the information, resources and support needed to ensure their personal and academic success. 

Student Self-Referral

The Cougar Care Network (CCN) is there for you to find answers, resolve concerns, access resources, and seek support. The CCN will work with you individually to connect you to the information, resources, and support needed to ensure your personal and academic success.

Faculty and Staff Referral

Faculty and Staff refer students to the Cougar Care Network (CCN) by submitting an online form to connect you to the appropriate on-campus department. The CCN will connect you to on and off campus information, resources, and support to decrease barriers to your personal and academic success.

Most of your needs will be addressed by a member of the Cougar Care Network such as the CARE Team (Dean of Students Office), Personalized Academic Success Services (PASS), Disability Support Services (DSS), Housing & Residential Education, the Educational Opportunity Program (EOP), Office of the Registrar, Financial Aid Office, Undergraduate Advising Services, and other departments across campus.

Student Health and Counseling Services

(760) 750-4915 (TDD 750-4924)

• Information regarding campus policies, procedures, and regulations as they relate to services provided, immunization requirements, or in response to domestic violence/sexual assault situations.
• Information concerning the prevention of drug and alcohol abuse and rehabilitation programs.
• We are here to help students cope with personal and academic concerns.

Director of Disability Support Services

(760) 750-4905 (TDD 750-4909)

• Information regarding special facilities and services available to students with disabilities.

Director of Financial Aid and Scholarships

(760) 750-4850

• A description of the federal, state, institutional, local, and private student financial assistance programs available to students who enroll at California State University San Marcos;
• For each aid program, a description of procedures and forms by which students apply for assistance, student eligibility requirements, criteria for selecting recipients from the group of eligible applicants, and criteria for determining the amount of a student’s award;
• A description of the rights and responsibilities of students receiving financial assistance, including federal Title IV student assistance programs, and criteria for continued student eligibility under each program;
• The satisfactory academic progress standards that students must maintain for the purpose of receiving financial assistance and criteria by which a student who has failed to maintain satisfactory progress may reestablish eligibility for financial assistance;
• The method by which financial assistance disbursements will be made to students and the frequency of those disbursements;
• The way the school provides for Pell-eligible students to obtain or purchase required books and supplies by the seventh day of a payment period and how the student may opt out;
• The terms of any loan received as part of the student’s financial aid package, a sample loan repayment schedule, and the necessity for repaying loans;
• The general conditions and terms applicable to any employment provided as part of the student’s financial aid package;
• The terms and conditions of the loans students receive under the Direct Loan and Perkins Loan Programs;
• The exit counseling information the school provides and collects for student borrowers; and
• Contact information for ombuds offices available for disputes concerning federal, institutional and private loans.
• The federal Military Selective Service Act (the “Act”) requires most males residing in the United States to present themselves for registration with the Selective Service System within thirty days of their eighteenth birthday. Most males between the ages of 18 and 25 must be registered. Males born after December 31, 1959, may be required to submit a statement of compliance with the Act and regulations in order to receive any grant, loan, or work assistance under specified provisions of existing federal law. In California, students subject to the Act who fail to register are also ineligible to receive any need-based student grants funded by the state or a public postsecondary institution.
• Selective Service registration forms are available at any U.S. Post Office, and many high schools have a staff member or teacher appointed as a Selective Service Registrar. Applicants for financial aid can also request that information provided on the Free Application for Federal Student Aid (FAFSA) be used to register them with the Selective Service. Information on the Selective Service System is available and the registration process may be initiated online at http://www.sss.gov.

Financial Aid Business Office

(760) 750-4492

• Disbursement of any financial aid funds.
• Information concerning Cal State San Marcos’ policies regarding the return of federal Title IV student assistance funds as required by regulation.

Provost and Vice President for Academic Affairs

(760) 750-4050
www.csusm.edu/aa/

The Provost and Vice President for Academic Affairs is the university’s chief academic officer and is responsible for ensuring the integrity and excellence of all academic programs and activities. The Vice Provost, and the deans of the academic colleges, extended learning, instructional and information technology services, and the university library, report to the Provost as does the Associate Vice President for Faculty Affairs. The Provost functions as the President’s designee in such matters as retention, tenure and promotion of faculty, and also acts as the administrator in charge of the campus in the absence of the President.

Deputy Director, Institutional Planning and Analysis

(760) 750-4062

• Information regarding student retention and graduation rates at CSUSM and, if available, the number and percentage of students completing the program in which the student is enrolled or has expressed interest. For more information on retention, please visit: https://www.csusm.edu/ipa/retention-graduation/
• Information concerning student body diversity at California State University San Marcos, including the percentage of enrolled, full-time students who are (1) male, (2) female, (3) Pell Grant recipients, and (4) self-identified members of a specific racial or ethnic group, must be obtained from http://www.csusm.edu/ipa

In 2014, the one-year continuation rate was 82. 3% and 85.5% for transfers. For more information on retention, please visit: http://www.csusm.edu/ipa/ret-graduation/index.html.

Parking and Commuter Services

Belinda Garcia, Director
(760) 750-7500
parking@csusm.edu

• Transportation costs.

Vice President for Student Affairs

(760) 750-4056
www.csusm.edu/studentaffairs/

The Office of the Vice President for Student Affairs provides executive leadership for four major areas: Student Development Services (including the Dean of Students), Student Academic Support Services, Enrollment Management Services, and Student Life. The Office of the Vice President administers policies and procedures, addresses general inquiries and provides referrals, and managed the administrative functions of the Division of Student Affairs. The Student Affairs mission is to promote access to higher education, foster lifelong learning, and prepare students to be active and positive contributors in a diverse global community.

University Store

(760) 750-4730

• Estimated costs of books and supplies.

School of Education - Student Services Center

Credential Office
(760) 750-4277

• Information concerning teacher preparation programs at CSUSM, including the pass rate on teacher certification examinations.

Student Housing

www.csusm.edu/housing

• Living in Student Housing is a great way to experience CSUSM with convenient access to campus amenities. There are opportunities to expand academic knowledge, build friendships and explore the diverse campus culture. Housing bed spaces vary depending on the property, the unit type, and the roommate configuration. All units have full kitchens and a shared common space.

Average Support Cost of Education and Source of Funds Per Full-time Equivalent Student

The total support cost per full-time equivalent student (FTES) includes the expenditures for current operations, including payments made to students in the form of financial aid, and all fully reimbursed programs contained in state appropriations. The average support cost is determined by dividing the total cost by the number of FTES. The total CSU 2017/18 budget amounts were $3,390,564,000 from state General Fund (GF) appropriations and before adding $39.3 million CalPERS retirement adjustment, $2,477,015,000 from gross tuition revenue, and $594,397,000 from other fee revenues for a total of $6,461,976,000. The  2017/18 resident FTES target is 364,131 and the nonresident FTES based on past-year actual is  24,398 for a total of 388,529 FTES. The GF appropriation is applicable to resident students only whereas fee revenues are collected from resident and nonresident students. FTES is determined by dividing the total academic student load (e.g. 15 units per semester) (the figure used here to define a full-time student’s academic load).

The 2016/17 average support cost per FTES based on GF appropriation and net tuition fee revenue only is $13,152 and when including all sources as indicated below is $14,528, which includes all fee revenue (e.g. tuition fees, application fees, and other campus mandatory fees) in the CSU Operating Fund. Of this amount, the average net tuition and other fee revenue per FTES is $5,764. 

The 2017/18 average support cost per FTES based on GF appropriation and  tuition  revenue only is $15,687 and when including all three sources as indicated below is  $17,217, which includes all fee revenue (e.g. tuition, application fees, and other campus mandatory fees) in the CSU Operating Fund. Of this amount, the average tuition and other fee revenue per FTES is $7,905. 

^{1 Represents state GF appropriation in the Budget Act of 2017/18; GF is divisible by resident students only (364,131) FTES}

^{2 Represents CSU Operating Fund, gross tuition and other fees revenue amounts (net of tuition fee discounts) submitted in campus August 2017/18 final budgets. Revenues are divisible by resident and nonresident students (388,529 FTES).} 

The average CSU 2017/18 academic year, resident, undergraduate student basic tuition  and other m­­andatory fees required to apply to, enroll in, or attend the university is  $7,216 ($5,742 tuition fee plus $1,474 average campus-based fees). However, the costs paid by individual students will vary depending on campus, program, and whether a student is part-time, full-time, resident or nonresident.

Drug-Free Campus Information

Legal Sanctions

There are numerous Federal, State, and local statutes and ordinances relating to the manufacture, distribution, dispensation, possession, or use of a controlled substance or alcohol. These statutes impose legal sanctions for both felony and misdemeanor convictions related to violations of applicable laws and ordinances. Detailed information regarding these statutes, which may change over time, is available from the University Police Department. Scheduled drugs considered to be controlled substances are listed in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812), and are further defined by regulations 21 CFR 1308.11 through 1308.15. Copies of the Act and regulations are available for review via the Internet at leginfo.ca.gov.

According to Federal and/or State Laws:

1. The manufacture, sale, or distribution of all scheduled drugs is a felony, which could result in serving time in prison; simple possession of controlled substances can be punished by civil fines of up to $10,000 per violation and a jail sentence.
2. Distribution or possession with the intent to distribute a controlled substance on University property requires a sentence up to twice the prescribed sentence for the original offense, and twice the prescribed parole time.
3. The cultivation, possession for sale, or sale of marijuana is a felony.
4. Possession of one ounce or more of marijuana for personal use is a misdemeanor, which could include payment of a fine or serving time in jail; possession of less than one ounce for personal use is a misdemeanor, which could include a fine up to $100.00.
5. It is a misdemeanor to sell, furnish, give, or cause to be sold, furnished or given away, any alcoholic beverage to a person under 21 or any obviously intoxicated person, and no one under 21 may purchase alcoholic beverages.
6. It is unlawful for any person under 21 to possess alcoholic beverages on any street or highway or in any place open to public view.

Health Risks Associated with Substance Abuse

Substance abuse dependence may result in a wide spectrum of extremely serious health and behavioral problems. Substance abuse results in both short-term and long-term effects upon the body and mind.

Acute health problems may include heart attack, stroke, and sudden death – which, in the case of some drugs such as cocaine, can occur after first-time use. Long-lasting health effects of drugs and alcohol may include disruption of normal heart rhythm, high blood pressure, leaks of blood vessels in the brain, bleeding and destruction of brain cells and permanent memory loss, infertility, impotency, immune system impairment, kidney failure, cirrhosis of the liver, and pulmonary damage. Drug use during pregnancy may result in fetal damage and birth defects causing hyperactivity, neurological abnormalities, and developmental difficulties. In addition to the problem of toxicity, contaminant poisoning often occurs with illegal drug use. HIV infection associated with intravenous drug use is a prevalent hazard.

Information and literature about the health risks associated with substance abuse are available from the Office of Human Resources and Equal Opportunity, and Student Health and Counseling Services. The Student Health Services web site contains more detailed information on mandatory online training: http://www.csusm.edu/shcs/onlinetraining/index.html.

Alcohol and Other Drug Programs and Assistance

A variety of services have been designed to help prevent or treat substance abuse. Students are encouraged to seek assistance for substance abuse or dependency problems voluntarily (self-referral). These services include workshops regarding substance abuse; individual case evaluation, counseling, referral to outside counseling and treatment providers, treatment follow-up, and assistance in dealing with health care providers.

On-site and/or referral services are available through Student Health and Counseling Services. Counseling Services staff members are available for consultation with university employees regarding students with possible substance abuse problems. Please schedule an appointment by calling (760) 750-4915 or at www.csusm.edu/shcs.

Information disclosed by a student participating in counseling services is considered confidential, in accordance with Federal and State laws and University policies.

Disciplinary Sanctions

Consistent with procedures established pursuant to Section 41304 of Title V of the California Code of Regulations, any student at Cal State San Marcos may be expelled, suspended, placed on probation, or given a lesser sanction for violating university policies and campus regulations. Students found to be in violation of this program may be required to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency.

Policy Distribution Requirement

The publication of this Drug-Free Campus Information in the catalog is a partial fulfillment of a U.S. Department of Education requirement of institutions of higher learning. For more information regarding this policy, please visit: http://www.csusm.edu/policies.

Programs Leading to Licensure and Credentialing

Admission into programs leading to licensure and credentialing does not guarantee that students will obtain a license or credential. Licensure and credentialing requirements are set by agencies that are not controlled by or affiliated with the CSU and requirements can change at any time. For example, licensure or credentialing requirements can include evidence of the right to work in the United States (e.g., social security number or tax payer identification number) or successfully passing a criminal background check.  Students are responsible for determining whether they can meet licensure or credentialing requirements. The CSU will not refund tuition, fees, or any associated costs, to students who determine subsequent to admission that they cannot meet licensure or credentialing requirements.  Information concerning licensure and credentialing requirements are available from the Associate Vice President of Enrollment Management Services, Cal State San Marcos, San Marcos, CA 92096-0001, (760) 750-4809.

Nondiscrimination Policy and Complaint Procedures

Protected Status: Genetic Information, Marital Status, Medical Condition, Nationality, Race or Ethnicity (including color or ancestry), Religion or Religious Creed, and Veteran or Military Status.

The California State University does not discriminate on the basis of age, genetic information, marital status, medical condition, nationality, race or ethnicity (including color and ancestry), religion (or religious creed), and veteran or military status – as these terms are defined in CSU policy – 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. Mr. Travis Gregory, Discrimination, Harassment and Retaliation Administrator, has been designated to coordinate the efforts of California State University San Marcos to comply with all applicable federal and state laws prohibiting discrimination on these bases. Student inquiries concerning compliance may be presented to Student Affairs at 3600 Craven Hall, or by calling (760) 750-4056. CSU Executive Order 1097 Revised October 5, 2016  (www.calstate.edu/EO/EO-1097-rev-10-5-16.pdf) (or any successor executive order) is the systemwide procedure for all complaints of discrimination, harassment or retaliation made by students against the CSU, a CSU employee, other CSU students or a third party.

Protected Status: Disability

The California State University does not discriminate on the basis of disability (physical and mental) – as this term is defined in CSU policy – 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. Mr. Travis Gregory, Discrimination, Harassment and Retaliation Administrator, has been designated to coordinate the efforts of California State University San Marcos to comply with all applicable federal and state laws prohibiting discrimination on the basis of disability. Student inquiries concerning compliance may be presented to Student Affairs at 3600 Craven Hall, or by calling (760) 750-4056. CSU Executive Order 1097 Revised October 5, 2016 (www.calstate.edu/EO/EO-1097-rev-10-5-16.pdf)  (or any successor executive order) is the systemwide procedure for all complaints of discrimination, harassment or retaliation made by students against the CSU, a CSU employee, other CSU students or a third party.

Protected Status: Gender (or sex), Gender Identity (including transgender), Gender Expression and Sexual Orientation

The California State University does not discriminate on the basis of gender (or sex), gender identity (including transgender), gender expression or sexual orientation – 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. Dr. Bridget Blanshan, Associate Vice President, Student Development Services & Title IX Coordinator, has been designated to coordinate the efforts of California State University San Marcos to comply with all applicable federal and state laws prohibiting discrimination on these bases. Inquiries concerning compliance may be presented to this person at 3600 Craven Hall or by calling (760) 750-6020. The California State University is committed to providing equal opportunities to male and female CSU students in all campus programs, including intercollegiate athletics. CSU Executive Order 1097 Revised October 5, 2016 (www.calstate.edu/EO/EO-1097-rev-10-5-16.pdf) (or any successor executive order) is the systemwide procedure for all complaints of discrimination, harassment or retaliation made by students against the CSU, a CSU employee, other CSU students or a third party.

Title IX of the Education Amendments of 1972 protects all people regardless of their gender, gender identity, or gender expression from sex discrimination, which includes sexual harassment and violence:

Sex Discrimination means an adverse action taken against a student by the CSU, a CSU employee, or another student because of gender or sex (including sexual harassment, sexual misconduct, domestic violence, dating violence, and stalking) that is perpetrated against an individual on a basis prohibited by Title IX of the Education Amendments of 1972, 20 U.S.C. §1681 et seq., and its implementing regulations, 34 C.F.R. Part 106 (Title IX); California Education Code §66250 et seq., and/or California Government Code §11135.

Sexual Harassment, a form of sex discrimination, is unwelcome verbal, nonverbal or physical conduct of a sexual nature that includes, but is not limited to, sexual advances, requests for sexual favors, and any other conduct of a sexual nature where:  

1. Submission to, or rejection of, the conduct is explicitly or implicitly used as the basis for any decision affecting a complainant’s academic status or progress, or access to benefits and services, honors, programs, or activities available at or through the University; or
2. The conduct is sufficiently severe, persistent or pervasive that its effect, whether or not intended, could be considered by a reasonable person in the shoes of the complainant, and is in fact considered by the complainant, as limiting his or her ability to participate in or benefit from the services, activities or opportunities offered by the University; or
3. The conduct is sufficiently severe, persistent or pervasive that its effect, whether or not intended, could be considered by a reasonable person in the shoes of the complainant, and is in fact considered by the complainant, as creating an intimidating, hostile or offensive environment.

Sexual harassment could include being forced to engage in unwanted sexual contact as a condition of membership in a student organization; being subjected to video exploitation or a campaign of sexually explicit graffiti; or frequently being exposed to unwanted images of a sexual nature in a classroom that are unrelated to the coursework.

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

Executive Order 1097 covers unwelcome conduct of a sexual nature. While romantic, sexual, intimate, personal or social relationships between members of the University community may begin as consensual, they may evolve into situations that lead to sexual harassment or sexual misconduct, including dating or domestic violence, or stalking, subject to this policy.

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

Sexual Misconduct: All sexual activity between members of the University community must be based on affirmative consent. Engaging in any sexual activity without first obtaining affirmative consent to the specific activity is sexual misconduct, whether or not the conduct violates any civil or criminal law. Sexual activity includes, but is not limited to, kissing, touching intimate body parts, fondling, intercourse, penetration of any body part, and oral sex. It also includes any unwelcome physical acts, such as unwelcome sexual touching, sexual assault, sexual battery, rape, and dating violence. When based on gender, domestic violence or stalking also constitutes sexual misconduct. Sexual misconduct may include using physical force, violence, threat or intimidation, ignoring the objections of the other person, causing the other person’s intoxication or incapacitation through the use of drugs or alcohol, or taking advantage of the other person’s incapacitation (including voluntary intoxication) to engage in sexual activity. Men as well as women can be victims of these forms of sexual misconduct. Sexual activity with a minor is never consensual when the complainant is under 18 years old, because the minor is considered incapable of giving legal consent due to age.

Sexual Assault is a form of sexual misconduct and is an attempt, coupled with the ability, to commit a violent injury on the person of another because of that person’s gender or sex.

Sexual Battery 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 s/he is incapacitated from alcohol and/or drugs, is under 18 years old, or if a mental disorder or developmental or physical disability renders the person incapable of giving consent. The respondent’s relationship to the person (such as family member, spouse, friend, acquaintance or stranger) is irrelevant.

Acquaintance Rape 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 s/he has the affirmative consent of the other participant(s) to engage in the sexual activity. Lack of protest or resistance does not mean consent nor does silence mean consent. Affirmative consent must be voluntary, and given without coercion, force, threats or intimidation.

• The existence of a dating or social relationship between those involved, or the fact of past sexual activities between them, should never by itself be assumed to be an indicator of affirmative consent. A request for someone to use a condom or birth control does not, in and of itself, constitute affirmative consent.
• Affirmative consent can be withdrawn or revoked. Consent to one form of sexual activity (or sexual act) does not constitute consent to other forms of sexual activity. Consent given to sexual activity on one occasion does not constitute consent on another occasion. There must always be mutual and affirmative consent to engage in sexual activity. Consent must be ongoing throughout a sexual activity and can be revoked at any time, including after penetration. Once consent is withdrawn or revoked, the sexual activity must stop immediately.
• A person who is incapacitated cannot give affirmative consent. A person is unable to consent when s/he is asleep, unconscious or is incapacitated due to the influence of drugs, alcohol, or medication so that s/he could not understand the fact, nature or extent of the sexual activity. A person is incapacitated if s/he lacks the physical and/or mental ability to make informed, rational decisions. Whether an intoxicated person (as a result of using alcohol or other drugs) is incapacitated depends on the extent to which the alcohol or other drugs impact the person’s decision-making capacity, awareness of consequences, and ability to make fully informed judgments. A person’s own intoxication or incapacitation from drugs or alcohol does not diminish that person’s responsibility to obtain affirmative consent before engaging in sexual activity.
• A person with a medical or mental disability may also lack the capacity to give consent.
• Sexual activity with a minor (a person under 18 years old) is not consensual, because a minor is considered incapable of giving legal consent due to age.
• It shall not be a valid excuse that a person affirmatively consented to the sexual activity if the respondent knew or reasonably should have known that the person was unable to consent to the sexual activity under any of the following circumstances:
  • The person was asleep or unconscious;
  • The person was incapacitated due to the influence of drugs, alcohol or medication, so that the person could not understand the fact, nature or extent of the sexual activity;
  • The person was unable to communicate due to a mental or physical condition.
• It shall not be a valid excuse that the respondent believed that the person consented to the sexual activity under either of the following circumstances:
  • Th e respondent’s belief in affirmative consent arose from the intoxication or recklessness of the respondent;
  • The res pondent did not take reasonable steps, in the circumstances known to the respondent at the time, to ascertain whether the person affirmatively consented.

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

• A University employee shall not enter into a consensual relationship with a student or employee over whom s/he exercises direct or otherwise significant academic, administrative, supervisory, evaluative, counseling, or extracurricular authority. In the event such a relationship already exists, each campus shall develop a procedure to reassign such authority to avoid violations of this policy.
• This prohibition does not limit the right of an employee to make a recommendation on the personnel matters concerning a family or household member where the right to make recommendations on such personnel matters is explicitly provided for in the applicable collective bargaining agreement or MPP/confidential personnel plan.

Domestic Violence is abuse committed against someone who is a current or former spouse, current or former cohabitant, someone with whom the abuser has a child, someone with whom the abuser has or had a dating or engagement relationship, or a person similarly situated under California domestic or family violence law. Cohabitant means two unrelated persons living together for a substantial period of time, resulting in some permanency of relationship. It does not include roommates who do not have a romantic, intimate, or sexual relationship. Factors that may determine whether persons are cohabiting include, but are not limited to (1) sexual relations between the parties while sharing the same living quarters, (2) sharing of income or expenses, (3) joint use or ownership of property, (4) whether the parties hold themselves out as 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 a repeated course of conduct directed at a specific person that would cause a reasonable person to fear for his/her or others’ safety or to suffer substantial emotional distress. For purposes of this definition:

• Course of conduct means two or more acts, including but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveys, threatens, or communicates to or about a person, or interferes with a person’s property;
• Reasonable person means a reasonable person under similar circumstances and with the same protected status(es) as the complainant;
• Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
• See further information in CSUSM’s sexual violence prevention and education statement, Title IX Notice of Nondiscrimination (which includes facts and myths about sexual violence), and Victim’s Rights and Options Notice, at www.csusm.edu/title9.

Whom to Contact if You Have Complaints, Questions or Concerns

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

Campus Title IX Coordinator:

• Dr. Bridget Blanshan, Associate Vice President, Student Development Services &
  Title IX Coordinator
  Craven Hall 3600; bblansha@csusm.edu; (760) 750-6020
  Monday - Friday, 8:00 a.m. – 5:00 p.m., excluding university holidays

Students may seek confidential support though Student Health and Counseling Services at:

333 S. Twin Oaks Valley Rd
San Marcos, CA 92096-0001
Phone: (760) 750-4915
Fax: (760) 750-3181
http://www.csusm.edu/shcs/
E-mail: shcs@csusm.edu

Other CSUSM Resources:

• CSU San Marcos Police
  425 La Moree Rd., San Marcos, CA 92078
  (760) 750-4567 (Non emergency)
  University Police Dispatch and Officers are available 24 hours/day, 365 days/year

Discrimination, Harassment and Retaliation Administrator:

Mr. Travis Gregory, Associate Vice President, Human Resources & Payroll Services
1200 Craven Hall; tgregory@csusm.edu; (760) 750-4416
Link to EO 1096: http://www.calstate.edu/eo/EO-1096.pdf

Campus Equal Employment Opportunity Coordinator
Ms. Lisa McLean, Senior Manager, Labor & Employee Relations
CRA 1200J; lmclean@csusm.edu; (760) 750-4416
EEO webpage: https://www.csusm.edu/lrer/equal_employment_opportunity/dhr.html

Office of Diversity, Educational Equity, and Inclusion
CRA 6201; (760) 750-4039
Link to ODEEI: web site: http://www.csusm.edu/equity/

U.S. Department of Education, Office for Civil Rights (OCR):

• (800) 421-3481 or (415) 486-5555, or (800) 877-8339 (TDD) or ocr.sanfrancisco@ed.gov
• If you wish to fill out a complaint form online with the OCR, you may do so at: http://www2.ed.gov/about/offices/list/ocr/complaintintro.html.

Title IX requires the University to adopt and publish complaint procedures that provide for prompt and equitable resolution of gender discrimination complaints, including sexual harassment and misconduct, as well as provide training, education and preventive measures related to sex discrimination. CSU Executive Order 1097 (www.calstate.edu/EO/EO-1097-rev-10-5-16.pdf) (or any successor executive order) is the systemwide procedure for all complaints of discrimination, harassment or retaliation made by students against the CSU, a CSU employee, other CSU students or a third party.

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 his/her name remain confidential. The Title IX Coordinator will determine whether confidentiality is appropriate given the circumstances of each such incident (see confidential reporting options outlined 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, violence, it must review the matter to determine if an investigation is warranted. The campus must then take appropriate steps to eliminate any gender discrimination/harassment/misconduct, prevent its recurrence, and remedy its effects.

Safety of the Campus Community Is Primary

The University’s primary concern is the safety of its campus community members. The use of alcohol or drugs never makes the victim at fault for gender discrimination, harassment or misconduct; therefore, victims should not be deterred from reporting incidents of sexual misconduct out of a concern that they might be disciplined for related violations of drug, alcohol or other university policies. Except in extreme circumstances, victims of sexual misconduct shall not be subject to discipline for related violations of the Student Conduct Code.

Information Regarding Campus, Criminal and Civil Consequences of Committing Acts of Sexual Violence

Individuals alleged to have committed sexual misconduct may face criminal prosecution by law enforcement and may incur penalties as a result of civil litigation. In addition, employees and students may face discipline at the university, up to and including suspension or expulsion. Employees may face sanctions up to and including dismissal from employment, pursuant to established CSU policies and provisions of applicable collective bargaining unit agreements.

Students who are charged by the University with gender discrimination, harassment or misconduct will be subject to discipline, pursuant to the California State University Student Conduct Procedures (see Executive Order 1098 at www.calstate.edu/EO/EO-1098-rev-6-23-15.pdf or any successor executive order) and will be subject to appropriate sanctions. In addition, during any investigation, the University may implement interim measures in order to maintain a safe and non-discriminatory educational environment. Such measures may include but not be limited to: immediate interim suspension from the University; a required move from university-owned or affiliated housing; adjustments to course schedule; and/or prohibition from contact with parties involved in the alleged incident.

Confidentiality and Sexual Misconduct, Dating Violence, Domestic Violence and Stalking

The University encourages victims of sexual misconduct, dating violence, domestic violence, or stalking (collectively sexual misconduct) to talk to someone about what happened so they can get the support they need, and so the University can respond appropriately.

Privileged and Confidential Communications

Physicians, Psychotherapists, Professional Licensed Counselors, Licensed Clinical Social Workers and Clergy - Physicians, psychotherapists, professional, licensed counselors, licensed clinical social workers, and clergy who work or volunteer on or off campus, acting solely in those roles or capacities as part of their employment, and who provide medical or mental health treatment or counseling (and those who act under their supervision, including all individuals who work or volunteer in their centers and offices) 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  and who are acting solely in that role (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, 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.

EXCEPTIONS: Under California law, any health practitioner employed in a health facility, clinic, physician’s office, or local or state public health department or clinic is required to make a report to local law enforcement if he or she provides medical services for a physical condition to a patient/victim who he or she knows or reasonably suspects is suffering from (1) a wound or physical injury inflicted by a firearm; or (2) any wound or other physical injury inflicted upon a victim where the injury is the result of assaultive or abusive conduct (including sexual misconduct, domestic violence, and dating violence). This exception does not apply to sexual assault and domestic violence counselors and advocates. Health care practitioners should explain this limited exception to victims, if applicable.

Additionally, under California law, all professionals described above (physicians, psychotherapists, professional counselors, licensed clinical social workers, clergy, and sexual assault and domestic violence counselors and advocates) are mandatory child abuse and neglect reporters, and are required to report incidents involving victims under 18 years of age to local law enforcement. These professionals will explain this limited exception to victims, if applicable.

Finally, some or all of these professionals may also have reporting obligations under California law to: (1) local law enforcement in cases involving threats of immediate or imminent harm to self or others where disclosure of the information is necessary to prevent the threatened danger; or (2) to the court if compelled by court order or subpoena in a criminal proceeding related to the sexual misconduct, dating or domestic violence, or stalking incident. If applicable, these professionals will explain this limited exception to victims.

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

Reporting to the Title IX Coordinator and Other University Employees

Most University employees have a duty to report 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 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 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 his/her 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 (http://www.calstate.edu/eo/EO-1095-rev-6-23-15.pdf).

Additional Resources

• CSUSM’s sexual violence prevention and education statement, which includes facts and myths about sexual misconduct, at (www.csusm.edu/safe/title-ix-myths-and-facts.html).
• U.S. Department of Education, regional office:
  Office for Civil Rights
  50 United Nations Plaza 
  San Francisco, CA 94102
  (415) 486-5555
  TDD (877) 521-2172
• U.S. Department of Education, national office:
  Office for Civil Rights
  (800) 872-5327
• California Coalition Against Sexual Assault (http://calcasa.org/)
• 1215 K. Street, Suite 1850
  Sacramento, CA 95814
  (916) 446-2520
• Know Your Rights about Title IX http://www2.ed.gov/about/offices/list/ocr/docs/title-ix-rights-201104.html
• Domestic and Family Violence, Office of Justice Programs, United States Department of Justice
• National Institute of Justice: Intimate Partner Violence, Office of Justice Programs, United States Department of Justice
• National Domestic Violence Hotline: 1-800-799-SAFE (7233)
• Office of Violence against Women, United States Department of Justice
• Centers for Disease Control and Prevention: Intimate Partner Violence
• Defending Childhood, United States Department of Justice
• Center for Community Solutions (CCS); www.ccssd.org Provides free & confidential services for victims of sexual assault and domestic violence.
  24-HOUR TOLL FREE CRISIS LINE: 1-888-385-4657

Nondiscrimination in Student Employment

Students who have concerns regarding discrimination in university employment situations are advised to contact Human Resources and Equal Opportunity in Craven Hall 1200-H or by phone at (760) 750-4416.

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:

1. If your complaint concerns CSU’s compliance with academic program quality and accrediting standards, you may present your complaint to the Western Association of Schools and Colleges (WASC) at http://www.wascsenior.org/comments. WASC is the agency that accredits the CSU’s academic program. If you believe that your complaint warrants further attention after you have exhausted all the steps outlined by WASC, you may file an appeal with the Assistant Vice Chancellor, Academic and Student Affairs at the CSU Chancellor’s Office.

2. 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 or ancestry), religion or veteran or military status), you may present your complaint as described in Section XVI (Nondiscrimination Policy).

3. If your complaint concerns an alleged violation by CSU of other state law, including laws prohibiting fraud and false advertising, you may present your complaint to the campus president or designee at Jason Schreiber, Dean of Students, jschreiber@csusm.edu. See Procedure for Student Complaints—Executive Order No. 1063 for details regarding the complaint requirements and complaint process: www.calstate.edu/eo/eo-1063.html.

4. 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.

This procedure should not be construed to limit any right that you may have to take legal action to resolve your complaint.

Assembly Bill (AB) 540

Allows undocumented students to pay in-state tuition at California State Universities if they:

• Attended high school in California for 3 years or more; and
• Graduated from a California high school or attained the equivalent; and
• Are an entering or current student as of 2001/2002 school year or later; and
• Have filed an affidavit with the college or university stating that the student has filed an application to legalize as he or she is eligible to do so.

CSUSM is a Smoke- and Tobacco-Free Campus

Executive Order 1108 is the Policy on Systemwide Smoke- and Tobacco-Free Environment. This policy was created in order to provide the California State University’s faculty, staff, students, guests and the public with campuses that support the principle of one’s individual freedom to learn, teach, work, think and take part in their intellectual endeavors in a fulfilling, rewarding, safe and healthy environment.
 
Effective Fall 2017, CSUSM is a smoke- and tobacco-free campus. “Smoke-Free” means the use of cigarettes, pipes, cigars, and other “smoke”- emanating products including e-cigarettes, vapor devices and other like products are prohibited on all university properties. “Tobacco Free” means the use of cigarettes, pipes, cigars, smokeless tobacco, snuffs, and other tobacco products are prohibited on all-university properties.
 
For additional definitions, policy text, and compliance information please refer to the complete Executive Order at http://www.calstate.edu/eo/EO-1108.html.

Use of Cameras to Deter Theft of Property

Closed circuit video cameras may be used on campus to deter the theft of property and to assist the further investigation of crimes occurring on campus. A copy of the University Policy and Procedure regarding video cameras is available from http://www.csusm.edu/policies/index.html.