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:
- 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.
- 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
- Pursuant to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, the Annual Security Report (ASR) is now available for viewing at https://www.csusm.edu/clery/documents/2021asrfinal.pdf. The ASR contains the current security and safety-related policy statements, emergency preparedness and evacuation information, crime prevention and sexual assault prevention information, and drug and alcohol prevention programming. The ASR also contains statistics of Clery Act crimes for the three previous calendar years. A paper copy of the ASR is available upon request by contacting the Clery Director at firstname.lastname@example.org.
- Pursuant to the Higher Education Opportunity Act, the Annual Fire Safety Report (AFSR) is available for viewing at https://www.csusm.edu/housing/documents/2021firesafetyreportfinal.pdf. The purpose of this report is to disclose statistics for fires that occurred in CSUSM housing facilities and to distribute fire safety policies and procedures intended to promote fire safety on campus. A paper copy of the AFSR is available upon request by contacting the Housing office at email@example.com.
Dean of Students Office
The Dean of Students Office serves as an advocate and a centralized resource for connecting students with appropriate services across campus and in the community. The office provides general information concerning campus policies, procedures, and regulations and offers help to students seeking to resolve campus concerns. 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, can be sought here.
The mission of the Dean of Students Office is to advance the commitment to student learning and development of the whole student through care, advocacy, support and accountability. The Dean of Students area includes:
Cougar Care Network (CCN)
University Student Union (USU) 3500
760-750-SOAR (7627) or 760-750-4935
Cougar Care Network 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. Students can also self-refer when the need arises. For more information, visit https://www.csusm.edu/ccn/
A critical component of CCN, our case management services assist students in getting connected with resources related to their specific needs. Our case management program assesses students’ needs and connects them with the appropriate on and off campus resources, including organizations and programs providing basic need support (food, financial, housing, and transportation insecurity). Learn more about Basic Needs as CSUSM here: https://www.csusm.edu/students/needs/index.html.
Student Conduct and Ethical Development
Students at Cal State San Marcos are subject to the same federal, state, and local laws as other citizens. Students are responsible for their behavior on campus and are expected to know and comply with all policies and regulations in this Catalog. Information on all policies that affect students is available in the Dean of Students Office.
The Civility Campaign
An effort led by the Dean of Students Office, the Civility Campaign 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 that 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..
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
- 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 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.
- 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. For more information on the Selective Service System and to initiate the registration process visit the official Selective Service System website.
Student Financial Services
- 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
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, associate vice president for Faculty Affairs, and the deans of the academic colleges, Extended Learning, Instructional and Information Technology Services, and the university library, report to the provost. The provost functions as the president’s designee in such matters as retention, tenure and promotion of faculty, and also may act as the administrator in charge of the campus in the absence of the president.
Director, Institutional Planning and Analysis
The office of Institutional Planning & Analysis (IP&A) serves as an unbiased resource for data and decision support, performs mandated data reporting (both state and federal), and leads analytic and business intelligence initiatives, which includes oversight of CSUSM’s deployment of Tableau data visualization software.
In addition, IP&A manages the Data Request Process for most campus data requests, provides data for most major grants, manages and disseminates student evaluations of faculty, manages the institutional survey portfolio, coordinates IPEDS data, and serves as the campus liaison to the CSU Chancellor’s Office.
Visit www.csusm.edu/ipa to see the wide range of data provided to the campus community, Chancellor’s Office, and state and federal agencies.
- 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
- Information concerning student body diversity at CSUSM, 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.
Parking and Commuter Services
Belinda Garcia, Director
- Transportation costs
- Parking permits/sessions
- Alternate modes of transportation
Vice President for Student Affairs
The Office of the Vice President for Student Affairs provides executive leadership for five major areas: Athletics, Enrollment Management Services, Student Academic Support Services, Student Development Services (including the Dean of Students), and Student Life. The Office of the Vice President administers policies and procedures, addresses general inquiries and provides referrals, and manages 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.
School of Education - Student Services Center
- Information concerning teacher preparation programs at CSUSM, including the pass rate on teacher certification examinations.
- Living in Student Housing is a great way to experience CSUSM with convenient access to campus amenities. Living on campus allows students to expand academic knowledge, build friendships and explore the diverse campus culture. Student housing has two communities, University Village Apartments (UVA) and The QUAD. Bed spaces vary depending on the community, the unit type, and the roommate configuration. The outdoor amenities at the communities include BBQ grills, pickle ball and bocce ball courts, a putting green, patio areas, and swimming pools. The indoor amenities include fitness rooms, free laundry facilities, a foosball table, air hockey table, pool table, and piano. Both communities also have classroom and study spaces for the residents to support their academic success.
Average Support Cost of Education Per Full-time Equivalent Student and Source of Funds
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 2021/22 budget amounts were $4,228,282,000 from state General Fund (GF) appropriations, before $(4.4) million CalPERS retirement adjustment, $2,509,668,000 from gross tuition revenue, and $653,724,000 from other fee revenues for a total of $7,391,674,000. The 2021/22 resident FTES target is 374,246 and the nonresident FTES based on past-year actual is 19,430 for a total of 393,676 FTES. The GF appropriation is applicable to resident students only whereas fee revenues are collected from resident and nonresident students. FTES is derived by dividing the total student credit units attempted by a fixed amount depending on academic level (e.g., 30 for a semester campus and 45 for a quarter campus, the figures that define a full-time undergraduate or postbaccalaureate student’s academic load).
||Average Cost Per FTES
|State Appropriation (GF)1
|Gross Tuition Revenue2
|Other Fees Revenue2
|TOTAL SUPPORT COST
1 Represents state GF appropriation in the Budget Act of 2021/22; GF is divisible by resident students only (374,246 FTES).
2 Represents CSU Operating Fund, gross tuition and other fees revenue amounts submitted in campus August 2021/22 final budgets. Revenues are divisible by resident and nonresident students (393,676 FTES).
The 2021/22 average support cost per FTES based on GF appropriation and net tuition fee revenue only is $17,672 and when including all three sources as indicated below is $19,333, 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 $8,035.
The average CSU 2021/22 academic year, resident, undergraduate student basic tuition and other mandatory fees required to apply to, enroll in, or attend the university is $7,439 ($5,742 tuition fee plus $1,621 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.
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:
- 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.
- 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.
- The cultivation, possession for sale, or sale of marijuana is a felony.
- 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.
- 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.
- 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.
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.
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.
The California State University has not determined whether its programs meet other states’ educational or professional requirements for licensure and certification. Students enrolled in a California State University program who are planning to pursue licensure or certification in other states are responsible for determining whether they will meet their state’s requirements for licensure or certification. This disclosure is made pursuant to 34 CFR §668.43(a)(5)(v)(C).
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, or 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. Ms. Gail Mendez, Discrimination, Harassment and Retaliation Administrator & Deputy 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. Student inquiries concerning compliance may be presented to Student Affairs at 3600 Craven Hall, or by calling (760) 750-4056. 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 systemwide procedure for all complaints of discrimination, harassment or retaliation made against the CSU, a CSU employee or a third party.
Protected Status: Disability
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. Ms. Gail Mendez, Discrimination, Harassment and Retaliation Administrator & Deputy 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 the basis of disability. Student inquiries concerning compliance may be presented to Student Affairs at 3600 Craven Hall, or by calling (760) 750-4056. 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. 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 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 unwelcome verbal, nonverbal or physical conduct of a sexual nature that includes, but is not limited to, sexual advances, requests for sexual favors, offering employment benefits or giving preferential treatment in exchange for sexual favors, or indecent exposure, and any other conduct of a sexual nature where:
- 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
- Submission to, or rejection of, the conduct by the complainant is explicitly or implicitly used as the basis for any decision affecting a term or condition of the complainant’s employment, or an employment decision; or
- 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 their ability to participate in or benefit from the services, activities or opportunities offered by the university; or
- 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 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.
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 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:
- The length of the relationship.
- The type of relationship.
- 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.
Physical violence means physical conduct that intentionally or recklessly threatens the health and safety of the recipient of the behavior, including assault.
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
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 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.
- 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:
- The length of the relationship.
- The type of relationship.
- 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.
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 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. 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; firstname.lastname@example.org; (760) 750-6020
Monday - Friday, 8:00 a.m. – 5:00 p.m., excluding university holidays
Gail Mendez, Discrimination, Harassment and Retaliation Administrator & Deputy Title IX Coordinator
Craven Hall 3600: email@example.com: (760) 750-6020
Monday – Friday, 8:00 a.m. – 5:00 p.m., excluding university holidays
Link to EO 1096: https://www.calstate.edu/eo/EO-1096-rev-3-29-19.pdf
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
Other CSUSM Resources:
- University Police Department:
Lamine Secka, Chief of 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
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.
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.
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 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, 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 and Sexual Misconduct, Dating Violence, Domestic Violence and Stalking
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 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 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.
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 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.
- 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
TDD (877) 521-2172
Local Community Resource Information
- 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:
- 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 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, firstname.lastname@example.org. 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 WASC, you may file an appeal with the Assistant Vice Chancellor, Academic and Student Affairs 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.
A student using Vocational Readiness and Employment benefits (CH31) or Post-9/11 G.I. Bill® (CH33) will be allowed to enroll in and attend courses and access campus facilities while the campus awaits payment for tuition and fees from the VA. While awaiting receipt of funds from the VA, California State University San Marcos will not impose any penalty, charge late fees or require an eligible student to borrow additional funds to cover tuition or fees. This waiting period begins the date the student provides appropriate documentation and continues either until funds are received from the VA or until 90 days after the School Certifying Official has certified the student’s enrollment for tuition and fees.
To demonstrate current eligibility and intent to use Chapter 31 or 33 benefits, a student must provide the following documents:
- Certificate of Eligibility (COE) or Education Enrollment Status form (printed from the VA website).
- Student Responsibility Agreement (CSUSM FORM) each term student intends on using a VA benefit
- All additional information requested by the School Certifying Official to properly certify enrollment to the VA.
For more information regarding this policy, contact Veterans Services at email@example.com or (760) 750-4827.
GI Bill® is a registered trademark of the U.S. Department of Veterans Affairs (VA). More information about education benefits offered by VA is available at the official U.S. government Web site at https://www.benefits.va.gov/gibill.
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.
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.
CSUSM is a smoke-, tobacco-, and vapor-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. For more campus information visit the CSUSM Smoke-free website at https://www.csusm.edu/smokefree/
The University may employ video security cameras in public areas on University property for any legitimate purpose including, but not limited to, deterring crime, assisting police in criminal investigations, and protecting the safety and property of the campus community. A copy of the CSU Systemwide Video Security Camera Policy is available at https://calstate.policystat.com/policy/8020972/latest/