Jeanne Clery Act — 2016 Annual Security Report
Table of Contents
- Preparing the Report
- Crime Statistics
- Hate Crimes
- Reporting Crimes & Emergencies
- Security & Access to Campus
- Law Enforcement Authority
- Security Procedures & Practices
- Crime Prevention Programs
- Criminal Activity at Non-Campus Locations
- Alcohol & Drugs
- Sexual Violence
- Registered Sex Offenders
- Emergency Notification
- Missing Student Notification
- Fire Safety Act
- Appendix: Crime Definitions
Dear Sonoma State University Community:
In compliance with the Jeanne Clery Act Disclosure of Campus Security Policy and Crime Statistics Act (Jeanne Clery Act) Sonoma State University is pleased to introduce the 2016 Jeanne Clery Act-Annual Security Report (ASR). Enclosed you will find information about key institutional policies, personal safety and crime prevention information, how to report suspicious and criminal activities, and required Clery Act crime statistics for the last three calendar years.
Sonoma State University combines a beautiful campus setting in the heart of California wine country, top-rated student residential facilities, a world-class concert hall and music education facility, and a friendly and collaborative atmosphere to provide an educational experience that fosters intellectual, cognitive, social, and personal growth. Safety remains an integral part in reaching our academic success.
The 2016 ASR depicts the commitment of SSU to provide policies, practices, and outreach that support’s the safest community possible for all to live, work and learn. Crime prevention and personal safety takes the cooperation and collaboration of the entire community. SSU Police & Safety Services appreciates working with and within the SSU community that maintains such a proactive approach to safety.
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 USC § 1092(f), Higher Education Act of 1965, is a federal law that requires colleges and universities to disclose certain timely and annual information about campus crime and security policies. All public and private post-secondary educational institutions participating in federal student aid programs are required to comply with it. The law, originally enacted by Congress in 1990 as the Campus Security Act, was initiated by Howard and Connie Clery after their daughter Jeanne was killed at Lehigh University in 1986. Amendments to the Act renamed it in memory of Jeanne Clery. The Clery Act requires colleges and universities to publish an annual report every year by October 1st that contains three years of crime statistics for the previous three calendar years and certain policy statements including sexual assault policies which assure basic victims' rights, the law enforcement authority of university police, and where the students, staff, faculty, and visitors should go to report crimes, and most recently additional information on Title IX provisions. The complete text of the Clery Act and the US Department of Education regulations can be found on the Department of Education website.
All students, staff and faculty receive an annual notice in a University wide-e-mail. Notices regarding the existence of the Clery Act Report, a brief description of its contents, and information regarding the availability of the report, is listed in the Internet with the electronic address to access the current report. A statement on how to obtain a paper copy, if desired, is included in several University publications, and, on the Employee Services web site to inform students, employees and prospective students and employees about the existence of the Clery Act Annual Security Report, the electronic address to access the report.
SSU Police and Safety Services compile this institutional report to comply with the Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act. The full text of this report can be located on our website. Paper copies of the report may also be obtained at Police and Safety Services located in Verdot Village on the SSU Campus at 1801 East Cotati Avenue Rohnert Park, CA 94928 or by calling 707-664-4444 to have any of these options explained.
I wish everyone a safe and successful educational experience and appreciate your continued support and efforts towards safety.
Acting Chief of Police
Preparing the ASR
This report is a collaborative and comprehensive effort that compiles information gathered from throughout our community in 2015 from all divisions and all employees as defined in the Clery Act as "Campus Security Authorities" and from our neighboring law enforcement partners. Each entity is asked to provide crime statistics and⁄or information on their educational efforts and programs to comply with the Act.
This report includes crime statistics by geography for those crimes that occurred on campus, in certain non-campus buildings or property owned or controlled by Sonoma State University, and on public property immediately adjacent to and accessible from the campus. Crime statistics for public property adjacent to the University are requested from and provided in part by Rohnert Park Department of Public Safety. The Sonoma County Sheriff's Office and the Mendocino County Sheriff's Office, who are the agencies whose jurisdictions incorporate the immediate campus and⁄or non-campus properties and facilities of SSU.
Crime statistics are reported pursuant to the guidelines as specified in the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Disclosure Act, as defined under the FBI Uniformed Crime Reporting procedures, and separated by the following geographical areas:
- On campus;
- In on-campus residence halls (these figures are also included in the statistics for on-campus);
- In public property adjacent to the University;
- Non-campus, University-owned property located other than on main campus.
- Fairfield Osborn Preserve on Sonoma Mountain
- Galbreath Wildland Preserve in Mendocino County
- Undeveloped Land Parcel (approximately 1.1 mile north of Main Campus)
- Land (in Trust) Los Guillicos
Formal recognition of student organizations does not extend beyond the University; therefore incidents related to off-campus activities of student organizations are not reported. Sonoma State University does not provide law enforcement service at off-campus events.
Also included in this report are institutional policies concerning campus safety, such as policies concerning alcohol and drug use, the reporting of crimes, sexual assault, and other matters. In 2013, the VAWA⁄SaVE Act was reauthorized to include broader hate crime definitions and the additional crimes of domestic violence, dating violence and stalking and is included in this year’s report.
SSU Police and Safety Services handled 15,289 specific incidents that required police response, and made a total of 72 arrests. Statistics regarding certain law violations resulting in campus disciplinary actions are collected from the offices of Residential Life and the Vice President for Student Affairs. Clery Act statistics are also collected from individuals with significant responsibility for student activities.
Throughout 2015, personnel and student staff from Police and Safety Services, Student Health Center, Residential Life professionals, Greek and other Student Life organizations completed mandated and specialized training and utilized specialized areas of expertise to conduct 133 presentations and outreach efforts that included in person presentations throughout the SSU and neighboring community to include sexual assault education and prevention, substance abuse, drug and alcohol education and prevention, defensive driving, personal safety and crime prevention, active shooter response and emergency preparedness training, identity theft prevention, building and office safety, alarm systems, and bicycle safety to hundreds of students and community members.
The Sonoma State University one-year retention rate for first-time, full-time students who entered the University in fall 2014 with the goal of a degree is 81 percent. The six year completion rate of 59 percent is based on the 2009 cohort as per Jeanne Clery Act regulations. The overall graduation rate is also known as the "Student Right to Know" or IPEDS graduation rate. For more information contact the Office of Records, Reporting and Analytics at 707-664-4032.
Hard copies of crime prevention and personal safety information and pamphlets are available at the SSU Police and Safety Services Department and on the SSU Police and Safety Services web site. The Student Health Center, Counseling and Psychological Services (CAPS), and Residential Life, also maintain related information and pamphlets. This information can also be located in various student and staff publications throughout the campus.
Please refer to the Appendix for definitions of the following offenses.
|Manslaughter by Negligence||2013||0||0||0||0|
|Motor Vehicle Theft||2013||0||0||0||0|
|Liquor Law Arrests||2013||16||6||0||0|
|Liquor Law Referrals||2013||16||15||0||0|
|Drug Law Arrests||2013||3||1||0||0|
|Drug Law Referrals||2013||13||13||0||0|
|Weapons Law Arrests||2013||1||0||0||0|
|Weapons Law Referrals||2013||1||1||0||0|
2015 – There were no reported hate crimes.
Reporting Criminal Actions & Emergencies
SSU Police and Safety Services, similar to other Police agencies from your local communities, provide 24-hour law enforcement service, throughout the entire year, including all holidays. Police and Safety Services are aware that crimes may go unreported to law enforcement. We strongly encourage our students, staff, faculty, and visitors to immediately report any crimes to SSU Police and Safety Services that have occurred within our community.
As noted earlier, Police and Safety Services encourages prompt reporting of all crimes and are located at the southern end of the Residential Verdot Village. In-progress suspicious or criminal acts and all police, fire, or medical emergencies should be reported directly to SSU Police and Safety Services by calling 9-1-1 from any cell or campus phone or by pushing the red button on a "blue-light" campus emergency phone. For all non-emergencies and regular business call Police Dispatch at 707-664-4444.
The "blue-light" campus emergency phones are strategically located throughout the entire campus and have blue lights for easy visibility. When calling in emergencies, be prepared to provide the police dispatcher with your name, telephone number, and location, as well as any pertinent information (such as suspect and vehicle description, direction of travel, etc.). Always stay on the line until the dispatcher ends the call. SSU does not have anonymous or confidential reporting programs. In cases involving sexual assaults, crimes may also be reported to those listed under "Reporting Sexual Assaults."
The Police Dispatch Center has current "E-911" technology that captures 911 calls that are placed by a mobile phone in the area of SSU. It is possible, based on the location of various carriers' cellular towers, that calls may be received by another dispatch center. Members of the SSU community may consider programming the non-emergency for SSU Police, 707-664-4444, into their mobile phone to ensure that they can reach SSU’s dispatch center. However, all members of the community are encouraged to call 9-1-1 in the event of an emergency to ensure that your call is answered in the order of priority. During times of high call volume or during emergencies, non-emergency calls may be placed on hold for extended periods of time or not answered.
As a reminder to those employees of the University who have significant responsibility for students and student activities, a reporting form is sent out annually for collection and recording of accurate statistics and annual training is offered to assist them with this responsibility. Administrators, Faculty Advisors to student clubs, Student Affairs and Activities Advisors and Coordinators, and Athletic Coaches are all included in the notification. Classroom faculty (except for club Advisors), Physicians, Psychologists, and most Clerical Staff are examples of employees who are not required to report under the Clery Act. You may also report crimes to any of the following University officials, particularly at the following locations:
- SSU Police and Safety Services, Verdot Village or at 707-664-4444 or 9-1-1
- Vice President of Student Affairs, International Hall or at 707-664-2838
- The Residential Life Office (for on-campus residents,) Student Center, 3rd Floor or at 707-664-4033
- Director of Athletics in the PE Building – Room 21, or at 707-664-2521
A well-informed community is an integral component in maintaining the safest campuses and facilities possible. While the university has no formal policy it is the consistent practice of SSU to notify the Police Chief and⁄or designee who then confers as necessary and applicable with university administrators after a violent crime or crime listed in the Clery Act is reported to SSU Police and Safety Services to determine if the circumstances and facts represent an on-going or continuing threat to the Sonoma State University community. Once the Police Chief and⁄or designee is notified and has conferred as necessary and applicable and a determination is reached that a continuing threat exists, the Chief of Police or designee will arrange to disseminate "timely warning" crime alert information, through University Affairs with the campus-wide e-mail system and the SSU Police and Safety Services web site to ensure all members of the community are likely to have access to the information. Bulletins also include prevention information to assist members of our educational community from becoming a victim of a similar crime.
Voluntary Confidential Reporting
Pursuant to California Education Code section 67380(a)(6)(A), CSA’s who receive reports from employees or students of a Part Ⅰ violent crime, sexual assault or hate crime that occurred in an on or non-campus location as defined by the Clery Act, may not disclose to SSU Police Services or local law enforcement agencies the names of the victims or the alleged assailant, unless the victim consents to disclosing their name after being informed of their right to have their personally identifying information withheld. The name of the alleged assailant may be disclosed, however, if all of the following conditions are met:
- The alleged assailant represents a serious or ongoing threat to the safety of students, employees, or the institution; and
- The immediate assistance of the local law enforcement agency is necessary to contact or detain the alleged assailant.
Security of & Access to Campus Facilities
It is the practice of SSU that University buildings are opened prior to the beginning of the business day and locked nightly after the conclusion of evening classes. The Library, Recreation Center, 24 hour lab, and some other specific campus buildings have specific hours based on their function and hours are posted. It is recognized that there will scheduled events and certain needs for after hours and weekend access to buildings. Anyone working late or on weekends outside of scheduled events and academic scheduled classes should notify SSU Police and Safety Services when they enter and leave a building. Although proper identification is always required, after-hours access requires additional event paperwork or authorization from the affected department. Access on holidays is treated as weekend access.
Access to University housing buildings is limited to residents, their guests, and selected staff. The Residential Community is patrolled cooperatively by SSU Police and Safety Services and on-duty Residential Life personnel to include Community Service Advisors and Residential Area Coordinators.
University facilities and grounds are maintained by SSU Facilities Management. SSU Police and Safety Services conduct lighting surveys, recommends the trimming of shrubbery and foliage when it will enhance safety, and submits work requests to Facilities Management when hazardous situations are found that require prompt correction. SSU Police and Safety Services also conduct crime prevention surveys⁄analysis when a crime trend occurs or when requested by an administrator when physical changes to office space and equipment occur. Many offices, labs, computer rooms and areas of campus have alarms that report a signal directly to SSU Police and Safety Services if tampering occurs. In addition, SSU Police and Safety Services can add and change alarm codes for University employees and consult with areas and departments on alarm systems. Police and Safety Services also serve as a first point of contact for instructions on and trouble-shooting alarm problems. Problems that require repair are referred to an outside alarm contractor for servicing. Police and Safety Services participate in the review of new building designs and recommends changes that are conducive to preventing crime through environmental design.
Firearms and other dangerous weapons of any kind are not permitted on campus or in the residential community. Faculty, students, employees and visitors are strictly prohibited by State law from intentional use, possession, or sale of firearms or any other dangerous weapon or explosives, or any item presented to be construed as such, on campus or any property owned by the University or under the University's control. This prohibition applies to any individual regardless of whether a federal or state license has been issued, other than active sworn law enforcement officers and those honorably retired and hold a valid CCW credential.
Law Enforcement Authority
Sonoma State University Police and Safety Services are a fully accredited law enforcement agency and not a branch of any other law enforcement agency. The Department employs sworn peace officers who are vested with full arrest authority in the State of California, pursuant to California Penal Code section 830.2(c) and Education Code section 89560. The Police Officers' arrest authority may extend to any place within the State of California and maintain primary law enforcement jurisdiction for all crimes occurring on University properties. Police officers all meet the requirements specified by the California Peace Officer's Standards and Training Commission, which are mandated for all sworn California law enforcement officers. Law enforcement duties and responsibilities of police officers mirror those of municipal and county law enforcement agencies in your home communities.
Sonoma State University Police and Safety Services focuses enforcement and prevention efforts in our primary jurisdiction to include all property owned and operated by the University. Police and Safety Services shares concurrent law enforcement jurisdiction on all adjacent public streets, areas, and in communities surrounding the University properties and cooperate fully with all local, state and federal law enforcement agencies.
Sonoma State University maintains operational agreements⁄memorandums of understanding that comply with the Kristin Smart Campus Safety Act and Higher Education Opportunity Act clarifying that SSU Police and Safety Services is the primary law enforcement agency for all crimes occurring on SSU properties or facilities. Police and Safety Services also adheres to the Sonoma County Law Enforcement Chief's Association protocols that encourage prompt law enforcement response and collaboration in incidents requiring inter-agency law enforcement collaboration.
Security Procedures and Practices
Members of the SSU Community must take responsibility for their own personal safety and safety of their personal property just as they do when they are away from the University. In 2015, SSU collaborators offered these efforts in many arenas and in the classroom curriculum, upon request, monthly or annually.
The University 102 (Peer Mentors) classes are taught each semester with quizzes, interactive exercises, and information about ways to maintain good health to include effects of tobacco, drugs and alcohol, relationship stress, diet, and good hygiene.
Health and Safety related issues surrounding women’s health, Annual Breast Cancer Awareness (which relayed information about breast cancer and how alcohol increases the risk of breast cancer) and anti-smoking campaigns such as the "Great American Smoke Out" provided prevention resources and outreach regarding tobacco, chew, and marijuana use to include the Student Health Center providing "Tobacco Quit Kits". These were offered during the year at tabling and at the Student Health Center.
Police and Safety Services actively participated in Community Oriented Policing and Problem Solving Strategies (COPPS) and utilized a combination of foot and vehicle patrols to reach all areas of our campus and properties. Police and Safety Services remained active and prepared to respond to calls from our community for service and assistance anytime of the day or night every day of the year. The Criminal Justice student interns sponsored and supervised by SSU Police and Safety Services officers also provided safety escorts, bicycle registration, property engraving, administrative support, and helped enhance the safety of the campus by reporting any suspicious activity to Police Services dispatch.
Arrive Alive Campaign – Provided campus wide education, campus facility improvements, outreach, and enforcement for bicycle, skateboard, and pedestrian safety throughout the University to include information in the STAR Newspaper and campus signage to educate and support enforcement efforts.
“The Save a Life Tour” Incorporating DUI into distracted driving – Police Services working different events with Residential Life, continued outreach with and to SSU community members in 2015 by providing campus-wide information through enforcement, tabling and interviews with the STAR Newspaper regarding the dangers of DUI, distracted driving and texting while driving. Bike and pedestrian safety including bike theft prevention information complimented rules of the road prevention efforts. The campus high school supported bicycle registration and theft prevention efforts.
Members of the community are strongly encouraged to:
- Promptly report all crimes and suspicious persons or activity to SSU Police Services
- Always be aware of your personal safety and your surroundings
- Limit alcohol consumption – know your limits and look out for friends who are exceeding theirs
- Before opening your residence door, look through a peep hole or out a window. If you are expecting a maintenance person or a company, look for insignia and ask for identification before letting them inside. If you are unsure or do not know the person call Police and do not open the door.
- Get to know people and new friends in public places, not your residence. Do not invite people that you do not know into your home or go someplace in their car with them. If you only know their first name or " met them on the Internet" consider them a stranger.
- Walk on well–traveled pathways and in well–lit and populated areas. Walk with friends or groups when possible
- Call SSU Police Services for a safety escort if you feel afraid or need to walk in isolated areas or at times when areas are unpopulated or closed.
- Always double check your doors and windows to ensure they are completely closed and locked before you go to sleep or leave your room or residence.
- Use the Internet wisely and never send personal pictures or money or provide personal identifying information, credit card information, or bank information to someone you do not know or to a company or person you did not initiate contact with on your own (such as Airlines, Department Stores, Amazon, etc.).
Crime Prevention Programs
The campus consistently continues to conduct the above-mentioned health and safety panel presentations at all new student/parent orientation sessions to include information regarding crime prevention, personal and property safety, Identity theft prevention, drug and alcohol prevention, sexual assault and domestic violence prevention on a regular basis.
Our commitment to the SSU community and partnerships we maintain within our community helped reduce criminal incidents throughout the year and contributed to SSU remaining one of the most sought-after CSU campuses for student, staff and faculty to live, work, and learn.
General Theft Prevention Measures:
- Use a combo or flat key U-lock. Most cable locks can be and are easily cut.
- For extra theft prevention use a U-lock and cable lock together especially to lock front and back wheels.
- Engrave owner identification numbers onto electronics and items of value and keep a list of serial numbers and description of property and provide it to Police in the event your property is stolen.
- All bikes are prone to theft but the newer and more expensive a bike, the more of a target it will be.
- Always lock your bike when left outside, even if you are going to run into a building for only a few seconds.
- Store your bike in your locked residence or garage whenever possible.
- Lock your bike properly to a bike rack in a high visible⁄high traffic area. Thieves prefer secluded areas.
- Make sure to put your lock through a closed part of your bike frame. Wheels can easily be taken off a bike.
- Lock your wheels as well as your frame. It is harder to take a back wheel off so if you can only lock one wheel, make it your front wheel.
- Avoid leaving your bike locked outside for extended periods of time when you are not using it regularly or when away on vacation
- Keep all valuables with you or leave them at home
- Never leave your property unattended and lock bicycles and doors and windows to your car, office, and residence
- Use the Internet wisely and never send money or provide personal identifying information, credit card information, or bank information to someone you do not know or to a company or person you did not initiate contact with on your own (such as Airlines, Department Stores, Amazon, etc.)
Criminal Activity at Non-Campus Locations of Student Organizations
Sonoma State University does not formally recognize or support student organization non-campus activities nor owns any on or non-campus fraternity or sorority houses, nor is there any campus policy governing this area. Crime statistics are collected from law enforcement agencies with concurrent law enforcement jurisdiction or jurisdiction surrounding Sonoma State University, and off-site properties or facilities “non-campus” locations owned or controlled by the university. These law enforcement agencies provide crime statistics they have collected for crimes occurring on non-campus properties, and public property surrounding the on-campus property as defined in the Clery Act.
Alcohol and Drugs
Sonoma State University is committed to maintaining a safe and healthy environment for the university community. Alcohol and other drugs should not interfere with the University's educational mission. All SSU students, faculty members, and staff are subject to local state and federal laws regarding the unlawful possession, distribution, or use of alcohol and illegal drugs. Violators are subject to University discipline, criminal prosecution and⁄or removal from University housing. The unlawful manufacture, distribution, dispensing, possession or use of illegal drugs on the University campus or at any University-sponsored event off-campus is also prohibited. A complete description of these regulations is contained in the Drug Free Workplace and Violence Free Workplace policies. A complete description of these regulations is contained in the Drug Free Workplace and Violence Free Workplace policies. Both policies are available on the University Affairs web site, Employee Services, and the Office of the Chief Student Affairs Officer.
SSU Police Services strictly enforce Federal and State laws, as well as the University's zero-tolerance policy, for underage drinking and the use and sale of illegal drugs. No one may use illegal substances, or abuse legal substances, including alcohol. Students engaging in the sale of illegal drugs may be arrested and face university discipline, up to and including expulsion. Students found in violation of University alcohol, drug and weapons policies may also be subject to arrest and are subject to academic probation, suspension or expulsion. Parents or guardians may be notified by the Office of Judicial Affairs about any university disciplinary violation involving alcohol or a controlled substance that has been committed by a student who is under the age of 21.
Employees in violation of the university alcohol and drug policies may be subject to arrest, corrective action, dismissal or be required to participate fully in an approved counseling or rehabilitation program. Applicable legal sanctions under federal, state and local statutes for the unlawful possession or distribution of illicit drugs and alcohol range from probation, diversion, imprisonment in the county jail, to imprisonment in State Prison. A police officer can confiscate the driver license from any person suspected of driving under the influence of alcohol and drugs, who refuses to take a blood alcohol test.
The use of alcoholic beverages must be in compliance with California State Law and is strictly limited to persons 21 years of age or older. The possession, transportation, and consumption of alcoholic beverages by individuals younger than 21 years of age are strictly prohibited. Alcoholic beverages may not be consumed in public areas and must be concealed and not in plain view when transported by persons over the age of 21 in the Residential Community. Housing policies prohibit residents in the University Residential Community under the age of 21 to host guests or residents of any age in their room or apartment who are in possession of alcohol. Only beer and wine may be consumed in the residence halls by residents over the age of 21. Distilled liquor is not allowed. Sonoma State University provides useful and informative prevention education programs throughout the year.
SSU Police Services enforce violations proactively through education and community contacts. Officers and Residential Life staff regularly make residents aware of the policies regarding drug⁄alcohol use and abuse as well as personal safety and crime prevention information.
In accordance with the Drug-Free Schools and Communities Act (DFSC Act) programs such as "National Collegiate Alcohol Awareness Week", "Aware Awake Alive" and "Red Flags" focused on campus wide Alcohol Awareness efforts. Other drug and alcohol prevention presentations and information are provided throughout the year at all orientations, various University 102 classes, weekly/monthly residential life programming, upon request for departments and areas, and in conjunction with sponsored campus activities. Our Greek communities played a role in helping to reduce alcohol related incidents by hosting programs aimed at preventing alcohol poisoning.
The California State University does not discriminate on the basis of sex, gender, including gender identity or expression, or sexual orientation in its education programs or activities. Title ⅊ of the Education Amendments of 1972, and certain other federal and state laws, prohibit discrimination on the basis of sex, gender, or sexual orientation in employment, as well as all education programs and activities operated by the University (both on and off campus), and protect all people regardless of their gender from Sex Discrimination, including Sexual Harassment, Sexual Misconduct, including Sexual Assault, Dating or Domestic Violence, and Stalking.
The University seeks to provide an education environment in which students, faculty, and staff work together in an atmosphere free of Sexual Misconduct, including Sexual Assault, Sexual Harassment, Dating Violence, Domestic Violence and Stalking. Every member of the University community shall be aware that Sexual Misconduct, and/or acts of violence with a sexual nature directed toward another person will not be tolerated and are prohibited by federal and state law and University policy. As members of the University community, students shall comply with University policies and guidelines in addition to federal, state, and local laws whether on or off campus. The University will discipline persons identified as responsible for Sexual Misconduct, Dating or Domestic Violence, or Stalking as described in this report and University policy.
In an ongoing effort to prevent Sexual Misconduct, Dating Violence, Domestic Violence and Stalking, the University provides education and prevention programs, investigates complaints, dispenses corrective or disciplinary action where appropriate, provides referrals for medical care/counseling, modified classes, reduced course loads, campus housing changes, work assignment assistance, stay away orders, leaves of absence, and more. The University also provides information to victims on pursuing criminal action and obtaining protective orders if needed. University officials who are responsible for investigating and/or adjudicating cases of Sexual Misconduct, Dating Violence, Domestic Violence, and Stalking receive annual training for compliance with federal, state and CSU system regulations.
The University is committed to empowering victims of Sexual Misconduct, Dating Violence, Domestic Violence, and Stalking by providing ample supportive services, and encouraging their choice of action, regardless of their decision to seek criminal prosecution of offender(s). If requested by the victim, University personnel will assist the victim in notifying the appropriate law enforcement authorities.
Prevention, Education, & Awareness
Personal safety education programming in 2015 was collaborative, comprehensive and intentional. Integrated programming initiatives, strategies and campaigns intended to end dating violence, domestic violence, sexual assault and stalking. These awareness programs were further designed to increase audience knowledge and to share information and resources to prevent violence, promote safety and reduce perpetration. In 2014, the "Bystander Intervention" concept was introduced into personal safety programming, and continued programming. This concept brought forth safe and positive options for an individual(s) to carry out to prevent harm or to intervene when there is a risk of Sexual Misconduct, Dating or Domestic Violence, or Stalking. It taught recognizing situations of potential harm, understanding institutional structures and cultural conditions that facilitate violence, overcoming barriers to intervening and identifying safe and effective intervention options, and taking action to intervene. Several programs on sexual violence incorporated this concept into their presentations. Many student staff in the Residential Halls disseminated the popular “You Tube” video centering on the issue of “affirmative” consent as related to sex or a cup of tea. In October, the academic side of SSU contributed these efforts: Chemistry 120 students discussed sex and the prevention of sexually transmitted diseases and Philosophy 165 peer mentors talked to the freshman class. In the outer community, an SSU police officer was asked to talk to the neighboring high school senior class about dating violence, sexual assault, drugs and alcohol. The annual "Take Back the Night," "Denim Day," and "Clothesline Project" programming continued to be highly interactive and well represented on the SSU campus.
Definitions and Systemwide Policies for Sexual Violence, Misconduct, and other Sexual Offenses
The following definitions are taken from Executive Orders 1095—1097 of the California State University.
- Executive Order 1095 – Systemwide Sex Discrimination, Sexual Harassment, Sexual Misconduct, Dating and Domestic Violence, and Stalking Policy
- Executive Order 1096 – Systemwide Policy Prohibiting Discrimination, Harassment, Retaliation, Sexual Misconduct, Dating and Domestic Violence, and Stalking against Employees and Third Parties and Systemwide Procedure for Addressing Such Complaints by Employees and Third Parties
- Executive Order 1097 – Systemwide Policy Prohibiting Discrimination, Harassment and Retaliation, Sexual Misconduct, Dating and Domestic Violence, and Stalking against Students and Systemwide Procedure for Addressing Such Complaints by Students
An adverse action taken against an individual because of gender or sex (including Sexual Harassment, Sexual Misconduct , Domestic Violence, Dating Violence, and Stalking) as prohibited by Title Ⅸ Title Ⅳ; VAWA/Campus SaVE Act; California Education Code § 66250 et seq.; and/or California Government Code § 11135. See also Title Ⅻ of the Civil Rights Act of 1964, the California Fair Employment and Housing Act (Cal. Govt. Code § 12940 et seq.), and other applicable laws. Persons of all genders and gender identities can be victims of Sex Discrimination.
A form of sex discrimination, unwelcome verbal, nonverbal or physical conduct of a sexual nature that includes, but is not limited to sexual advances, requests for sexual favors, offering benefits or giving preferential treatment in exchange for sexual favors 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 person’s employment terms or conditions, academic status or progress, or access to benefits and services, honors, programs, or activities available at or through 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 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.
As mandated by the Clery Act’s Violence Against Women Act (VAWA)/Campus SaVE Act, these policy definitions are derived from the local jurisdiction, and based on the California Penal Code, the California Family Code, and the California Evidence Code. In some instances, these definitions may differ slightly from the federal definitions set forth in the next section for mandatory crime statistic reporting. For reportable crime statistics, the Clery Act regulations mandate definitions from the Federal Bureau of Investigation’s (FBI’s) Uniform Crime Reporting (UCR) Handbook.
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 or work environment that are unrelated to the coursework or employment.
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.
The University’s policy 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 University 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, kissing, touching intimate body parts, fondling, intercourse, penetration of any body part, and oral sex. It also includes any unwelcome physical sexual acts, such as unwelcome sexual touching, Sexual Assault, Sexual Battery, Rape, and Dating Violence. When based on gender, Domestic Violence or Stalking also constitute 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. Persons of all genders 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.
A form of sexual misconduct, an attempt, coupled with the ability, to commit a violent injury on the person of another because of that person's gender or sex.
A form of Sexual Misconduct, 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.
A form of sexual misconduct, non-consensual sexual intercourse that may also involve the use of threat of force, violence, or immediate and unlawful bodily injury or threats of future retaliation and duress. Any sexual penetration, however slight, is sufficient to constitute rape. Sexual acts including intercourse are considered non-consensual when a person is incapable of giving consent because they are incapacitated from alcohol and/or drugs, are under 18 years old, or if a mental disorder or developmental or physical disability renders a person incapable of giving consent. The respondent’s relationship to the person (such as family member, spouse, friend, acquaintance or stranger) is irrelevant. (See complete definition of consent below.)
A form of Sexual Misconduct committed by an individual known to the victim. This includes a person the victim may have just met or; i.e., at a party, introduced through a friend, or a social networking website.
An informed, affirmative, conscious, voluntary, and mutually agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure Affirmative Consent has been obtained from the other participant(s) to engage in the sexual activity. Lack of protest or resistance does not mean Affirmative 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 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. 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.
- Affirmative consent cannot be given by a person who is incapacitated. A person is unable to consent when asleep, unconscious or is 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 they lack the physical and/or mental ability to make informed, rational decisions,
- Whether an intoxicated person (as a result of using alcohol or other drugs) is incapacitated depends on the extent to which the alcohol or other drugs impact the person’s decision-making 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.
- 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 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.
- 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.
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. Factors that may determine whether persons are cohabiting include, but are not limited to:
- sexual relations between the parties while sharing the same living quarters,
- sharing of income or expenses,
- joint use or ownership of property,
- whether the parties hold themselves out as husband and wife,
- the continuity of the relationship, and/or
- the length of the relationship. (Note: 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 themselves or others. Abuse does not include non-physical, emotional distress or injury.)
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 themselves or others. Abuse does not include non-physical, emotional distress or injury.
Engaging in a repeated course of conduct directed at a specific person that would cause a reasonable person to fear for their own 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, survive, 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.
- Protected Status includes Age, Disability, Gender, Genetic Information, Gender Identity or Expression, Nationality, Marital Status, Race or Ethnicity, Religion, Sexual Orientation, and Veteran or Military Status.
Procedures for Reporting a Crime of Sexual Violence⁄Misconduct
Call 9-1-1 in any kind of emergency, or when facing immediate harm or threat of harm.
Persons who have experienced sexual misconduct, including rape, dating violence, domestic violence, or stalking, are encouraged to seek immediate assistance from police and healthcare providers for their physical safety, emotional support and medical care. University or local police can escort victims to a safe place and transport them to a hospital for medical treatment, if needed. University police can also provide access to a Sexual Assault Victim Advocate. Victims who prefer not to notify the police, are strongly encouraged to seek assistance from the campus Title Ⅸ Coordinator and/or a Sexual Assault Victim Advocate or counselor who can provide information on options, rights and remedies.
Victims have the right to decide who and when to tell about Sexual Misconduct, Dating and Domestic Violence, and Stalking. However, it is very important that they get medical attention after being assaulted. Following the incident, a victim may be physically injured, may have contracted a sexually transmitted disease, or may become pregnant.
The University’s primary concern is the safety and well-being of every member of the campus community. The use of alcohol or drugs never makes the victim at fault. If a campus community member has experienced Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking they should not be deterred from reporting the incident out of a concern that they might be disciplined for related violations of drug, alcohol, or other University policies. Except in extreme circumstances, University students or employees who are victims of Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking will not be subject to discipline. The University encourages victims of Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking to talk to someone about what happened – so they can get the support they need, and so the University can respond appropriately. Whether – and the extent to which – a University employee may agree to maintain confidentiality (and not disclose information to the Title Ⅸ Coordinator) depends on the employee’s position and responsibilities at the University. The following information is intended to make everyone aware of the various reporting and confidential disclosure options available to them – so they can make informed choices about where to turn for help. The University strongly encourages victims to talk to someone identified in one or more of these groups.
Certain University employees, listed below, are required by law to maintain near or complete confidentiality; talking to them is sometimes called a “privileged communication.” University law enforcement employees may maintain the victim’s identity as confidential, if requested by the victim, but will report the facts of the incident to the Title Ⅸ Coordinator, including the identity of the perpetrator. Most other University employees are required to report all details of an incident (including the identities of both the victim and alleged perpetrator) to the Title Ⅸ Coordinator so the University can take immediate action to protect the victim, and take steps to correct and eliminate the misconduct.
University Police, the Title Ⅸ Coordinator, University-employed physicians, professional counselors, licensed clinical social workers, sexual assault and domestic violence counselors and advocates, and certain other University employees are required to explain to victims their rights and options with respect to confidentiality.
Privileged and Confidential Reports
Treating physicians, psychotherapists, professional counselors, and clergy who work or volunteer providing medical or mental health treatment or counseling (including those who act in that role under their supervision may not report any information about an incident of Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking 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, 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 these professionals must report to local law enforcement agencies. These confidential professionals 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 treating physician, psychotherapist, professional counselor, or clergy member, 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, the University will likely not be able to fully 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. Counselors and advocates can provide victims with that assistance if requested. Treating physicians, psychotherapists, professional counselors, and clergy 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 it occurs.
Exceptions to Confidentiality
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 they provide medical services for a physical condition to a patient/victim who they know or reasonably suspects is suffering from:
- a wound or physical injury inflicted by a firearm; or
- 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, 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:
- 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;
- to the court if compelled by court order or subpoena in a criminal proceeding related to the sexual violence incident. If applicable, these professionals will explain this limited exception to victims.
Victims have several reporting options including those with confidentiality, and may pursue one or all of these options at any time. Victims have a right to have a friend, family member, sexual assault victim advocate, or other representative present while reporting the incident. They also have the right to have a sexual assault victim advocate and support person of their choice present with them during a rape examination. The campus Title Ⅸ Coordinator can assist in notifying the police. Victims may also take any of the actions below.
Reporting to University Police and/or local police is an option at any time. Victims who choose not to report to the police immediately following a sexual misconduct, dating and domestic violence, or stalking incident, can still make the report at a later time. However, with the passage of time, the ability to gather evidence to assist with criminal prosecution may be limited. Depending on the circumstances, the police may be able to obtain a criminal restraining order on the victim’s behalf.
Reporting to the Police
As soon after the incident as possible, victims of Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking are strongly encouraged to report the incident to the police. Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking may be reported to the University Police Department by dialing 911. The University Police will support all victims of Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking regardless of their decision to seek criminal prosecution of the offender or not. Victims have the option to report anonymously to the police and the decision to seek criminal prosecution remains with the victim. University Police will protect the confidentiality of the victim to the extent permitted by applicable California State law.
If a victim reports to a local police agency or the University Police about sexual misconduct, dating violence, domestic violence, or stalking, 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 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, including the identity of the perpetrator if known, to the Title Ⅸ Coordinator being sure not to reveal the 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.
In cases of Sexual Misconduct, dating violence, domestic violence, or stalking, the preservation of physical evidence is important to facilitate the identity and successful prosecution of the offender. The victim should not change clothes, bathe, douche, or shower following the attack. Sexual Assault Response Team (SART) medical personnel are trained to collect, process, and preserve physical evidence of Sexual Misconduct, and are committed in their assistance to the victim. Victims may request a SART exam to preserve forensic evidence without completing a police report. This evidence may be used in the case a victim wishes to report the assault at a later date. Victims are not financially responsible for SART exams and the cost will be the responsibility of the local law enforcement jurisdiction.
As time passes, evidence may dissipate or become lost or unavailable, thereby making investigation, possible prosecution, disciplinary proceedings, or obtaining protection orders related to the incident more difficult. Victims who choose not to make a complaint regarding an incident, nevertheless should consider speaking with University Police or other law enforcement to preserve evidence in the event that they change their mind and wishes to report the assault at a later date.
A victim has the right to have a confidential advocate present when reporting to law enforcement and during examinations. With the victim’s consent, the confidential advocate will assess the victim’s immediate needs and provide support and referral as appropriate. This confidential assistance may include: counseling, information concerning rape trauma syndrome; information on the collection of medical evidence and available health services to test for injuries, sexually transmitted diseases, and/or pregnancy. Assistance is also available with access to other resources and services, including assistance in obtaining emergency protection orders and restraining orders.
Reporting to a CSA
Any member of the University community may report incidents of Sexual Misconduct, Dating Violence, Domestic Violence or Stalking to any Campus Security Authority (CSA’s). These University personnel will assist the victim in notifying the appropriate law enforcement agency if the victim requests the assistance of law enforcement. In addition, most campus employees, including CSA’s, are required to report incidents of sexual misconduct, dating violence, dating violence and stalking to the Title Ⅸ Coordinator. Title Ⅸ Coordinator reporting responsibilities are described in detail below.
NOTE: If the University determines that the perpetrator poses a serious and immediate threat to the campus community, under the Clery Act the campus may be required to issue a timely warning to the community. Any such warning will not include any information that identifies the victim.
Victims may report to the campus Title IX Coordinator, who will provide written and verbal information regarding applicable University complaint procedures for investigating and addressing the incident.
The Title IX Coordinator will also provide information regarding resources available to victims, as well as information regarding their rights and options. Contact information for the Title IX Coordinator is listed above.
Reporting to a Title IX Coordinator or Responsible Employee
Many resources and options are available on and off campus including confidential and privileged communication options. The University has designated a Title Ⅸ Coordinator as the primary point of contact to provide victims with assistance and support, and to monitor and oversee overall compliance with laws and policies related to sexual misconduct, dating violence, domestic violence, or stalking. The campus Title Ⅸ Coordinator is available to explain and discuss rights to file a criminal complaint and to assist in doing so; the University’s relevant complaint process, and rights to receive assistance with that process, including the investigation process; how confidentiality is handled; available resources, both on and off campus; and other related matters.
Most University employees have a duty to report Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking incidents when they are on notice of it. When a victim tells the Title Ⅸ Coordinator or another non-confidential University employee about a sexual misconduct, dating violence, domestic violence, or stalking incident, 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 sexual misconduct, dating violence, domestic violence, or stalking directly to the campus Title Ⅸ Coordinator.
As detailed above, most University employees except treating physicians, licensed counselors, and clergy must report to the Title Ⅸ Coordinator all relevant details about any sexual misconduct, dating violence, domestic violence, or stalking incidents 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 kept private and 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, dating violence, domestic violence, or stalking incident except as otherwise required by law or University policy. A sexual misconduct, dating violence, domestic violence, or stalking report 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. 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 titled "Privileged and Confidential Reports" 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 and 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.
The Title Ⅸ Coordinator will inform the victim of the initiation of an investigation prior to starting an investigation and will, to the extent possible, only share information with people responsible for handling the University’s response to the incident. The Title Ⅸ Coordinator will remain mindful of the victim’s well-being, and will take ongoing steps to protect the victim from retaliation or harm, and work with the victim to create a safety plan. Retaliation against the victim, whether by students, employees or third parties, will not be tolerated. The University and Title Ⅸ Coordinator will also:
- Provide interim remedies requested by the victim, if they are reasonably available, regardless of whether the victim chooses to report to campus or local police;
- Assist victims in accessing available victim advocacy, academic support, counseling, disability, medical/health or mental health services, and legal assistance both on and off campus;
- Provide security and support, which could include issuing a no-contact order, helping arrange a change of campus-based living or working arrangements or course schedules (including for the perpetrator pending the outcome of the investigation) or adjustments for assignments, tests, or work duties; and
- Inform victims of their right to report a crime to University or local police – and provide victims with assistance if desired.
The University will not require a victim to participate in any investigation or disciplinary proceeding if the victim does not wish to participate.
The University will not generally notify parents or legal guardians of a sexual misconduct, dating violence, domestic violence, or stalking report unless the victim is under 18 years old or the victim provides the University with written permission to do so.
Under California law, and pursuant to University policy, many University employees, including the Title Ⅸ Coordinator, are mandatory child abuse and neglect reporters and should explain to victims under 18 years of age that they are required to report the incident to the police. However, the identity of the person who reports and the report itself are confidential and disclosed only among appropriate agencies.
Because the University is under a continuing legal obligation to address the issue of sexual misconduct, dating violence, domestic violence, or stalking campus-wide, reports (including non-identifying reports) may also require the University to consider broader remedial action – such as increased monitoring, supervision or security at locations where the reported incident(s) occurred; increased education, training and prevention efforts, including to targeted population groups; climate assessments/victimization surveys; and/or revision of policies and practices.
Victims are strongly encouraged to report any incident of sexual misconduct, dating violence, domestic violence, or stalking to the police and/or campus Title Ⅸ Coordinator so that steps may be taken to protect them and the rest of the campus community. However, non-reporting is also an option.
Victims may choose to file a civil lawsuit against the perpetrator, whether or not criminal charges have been filed. A civil lawsuit provides the opportunity to recover actual damages, which may include compensation for medical expenses, lost wages, pain, suffering and emotional distress.
Victims may also choose to obtain a protective or restraining order (such as a domestic violence restraining order or a civil harassment restraining order). Restraining orders must be obtained from a court in the jurisdiction where the incident occurred. Restraining orders can protect victims who have experienced or are reasonably in fear of physical violence, sexual misconduct, dating violence, domestic violence, or stalking. The campus Title Ⅸ Coordinator or Sexual Assault Victim’s Advocate can offer assistance with obtaining a protective or restraining order.
The University has procedures that provide for an administrative investigation of reports of sexual misconduct, dating violence, domestic violence, or stalking, and written findings based on the preponderance of the evidence standard, provided to the complainant and respondent. Both the complainant and respondent may appeal written findings to the CSU Chancellor’s Office, as well as the ultimate sanction for violation of CSU policy in student misconduct cases. The procedure for CSU employees and third parties is separate from but similar to the procedure for CSU students.
When a student or employee reports to the University that the student or employee has been a victim of sexual misconduct, dating violence, domestic violence, or stalking, whether the offense occurred on or off campus, the University will provide the student or employee a written explanation of their rights and options.
The investigation process from initial complaint to final result shall be prompt, fair, and impartial. The investigator will meet separately with the complainant and the respondent and other potential witnesses to gather information. The investigation shall be completed no later than 60 working days after the intake interview, unless the timeline has been extended. The timeline should not be extended for a period longer than an additional 30 working days from the original due date.
Before reaching a final conclusion or issuing a final investigation report, the investigator shall have:
- advised the parties, or have offered to do so, verbally or in writing, of any evidence upon which the findings will be based; and,
- given the parties an opportunity to respond to the evidence, including presenting further relevant evidence, information or arguments that could affect the outcome.
The investigator will not reach a final conclusion or issue an investigation report until giving careful consideration to any such relevant evidence, information or arguments provided by the parties. The investigator retains discretion and authority to determine relevance.
At the conclusion of the University’s complaint and investigation procedure, any employee or student found to have violated University policy against sexual misconduct, dating violence, domestic violence, or stalking will be subject to discipline. For employees, discipline would be administered consistent with applicable collective bargaining agreements, University policies and legal requirements. For students, discipline would be administered in accordance with CSU Executive Order 1098 (discussed below). Victims are not required to participate in any University disciplinary and may choose not to be a part of it. Disciplinary procedures will:
- Provide a prompt, fair, and impartial process and resolution;
- Be conducted by officials who receive annual training on sexual misconduct, dating violence, domestic violence, or stalking and how to conduct a hearing process that protects the of victims and promotes accountability;
- Provide the complainant and respondent the same opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice;
- Simultaneously inform the complainant and respondent in writing of:
- The outcome of the disciplinary proceeding;
- The University’s procedures to appeal the results of the disciplinary proceeding;
- Any change to the disciplinary results that occurs prior to the time such results become final; and
- When disciplinary results become final.
The CSU has adopted and published complaint procedures that provide for prompt, impartial, and equitable resolution of complaints of sex discrimination, including sexual harassment, sexual misconduct, including rape and sexual assault, domestic violence, dating violence, and stalking.
Regardless of whether an employee, a student or a third party ultimately files a complaint under the applicable complaint procedure, if the University knows or has reason to know about possible sex discrimination, sexual harassment, sexual misconduct, dating violence, domestic violence, or stalking, it must review the matter to determine if an investigation is warranted. When warranted, all such investigations must be prompt, thorough and impartial. The University must then take appropriate steps to eliminate the sex discrimination, sexual harassment, sexual misconduct, dating violence, domestic violence, or stalking, prevent its recurrence, and remedy its effects.
Complaints Made by Students
Executive Order 1097, entitled "Systemwide Policy Prohibiting Discrimination, Harassment, and Retaliation, Sexual Misconduct , Dating and Domestic Violence, and Stalking Against Students and Systemwide Procedure for Addressing Such Complaints by Students" is the appropriate systemwide procedure for all complaints of sex discrimination, sexual harassment, sexual misconduct, dating violence, domestic violence, or stalking made by CSU students against the CSU, a CSU employee, another CSU student, or a third party.
Complaints Made by Employees, Former Employees, Third Parties, and Applicants for Employment
Executive Order 1096, entitled “Systemwide Policy Prohibiting Discrimination, Harassment and Retaliation, Sexual Misconduct, Dating and Domestic Violence, and Staling Against Employees and Third Parties and Systemwide Procedure for Addressing Such Complaints by Employees and Third Parties” is the appropriate systemwide procedure for all complaints of sex discrimination, sexual harassment, sexual misconduct, dating violence, domestic violence, or stalking made by employees and former employees against the CSU, another CSU employee, a CSU student or a third party.
Employees covered by a collective bargaining agreement that provides a grievance procedure for raising allegations of sex discrimination, sexual harassment, sexual misconduct, dating violence, domestic violence, or stalking shall use the grievance procedure specified in their collective bargaining agreement.
Complaints Made by Student Employees
Executive Order 1096 is the appropriate system-wide procedure for all complaints of sex discrimination, including sexual harassment, sexual misconduct, dating violence, domestic violence, or stalking, made by student employees where the alleged sex discrimination, sexual misconduct, dating violence, domestic violence, or stalking arose out of the person’s status as an employee and not their status as a student.
The Title IX Coordinator (or designee) is responsible for investigating complaints of Gender Discrimination, Harassment and Retaliation, including Sex Discrimination and Sexual Harassment, as well as Complaints of Sexual Misconduct, Domestic and Dating Violence, and Stalking. (See Executive Orders 1095, 1096 and 1097.) In accordance with Executive Orders 1096 and 1097, the Title IX Coordinator investigates those complaints, determines whether the accused violated the applicable Executive Order(s), and prepares a report that includes findings of facts and conclusions about whether the applicable Executive Order was violated. Unless the determination is appealed as provided in Executive Orders 1096 or 1097, it is final and binding in all subsequent proceedings.
Where a complaint is made against a student and the applicable Executive Order is found to have been violated, the Title IX Coordinator shall also notify the Student Conduct Administrator of the investigation outcome and provide a copy of the investigation report. Possible sanctions to be imposed following the final determination of an on-campus disciplinary procedure regarding rape, acquaintance rape or other sex offenses, may be one or any combination of the following:
- Expulsion from the University
- Suspension for a specified time
- Probation for a specified time
- Psychological counseling and⁄or assessment
- Performance of community service
- Revocation of residence hall license
Where a complaint is made against an employee, Human Resources or Academic/Faculty Affairs shall be notified and provided a copy of the investigation reports. Sanctions are imposed in accordance with current collective bargaining agreement, when applicable, and may include:
- verbal reprimand
- written reprimand,
- reduction in salary
- temporary or permanent demotion
- paid or unpaid administrative leave
- denial or curtailment of emeritus status
- mandated education or training
- change in work location
- restrictions from all or portions of campus
- restrictions to scope of work
Unless the Chancellor’s Office notifies the campus that an appeal has been filed, investigative findings pursuant to Executive Orders 1096 or 1097 become final 11 working days after the date of the Notice of Investigation Outcome issued pursuant to those Executive Orders. If an appeal is filed, the investigative findings do not become final until the appeal has been exhausted.
Appeal of Finding in Investigative Outcome
Any complainant or respondent who is not satisfied with a campus investigation outcome may file an appeal with the Chancellor’s Office within 10 working days after the date of the Notice of Investigation Outcome. The appeal is limited to one or more of the following issues:
- The investigation outcome is unsupported by the evidence, based on the preponderance of the evidence standard;
- Prejudicial procedural errors impacted the investigation outcome to such a degree that the investigation did not comply with the relevant Executive Order; or
- New evidence not available at the time of the investigation.
The Chancellor's Office shall respond within 30 working days. The appeal response is final
Student Conduct Proceedings
Where the investigative report finds a violation of Executive Order 1096 or 1097 and any appeal has been exhausted, the report is referred to the Student Conduct Administrator to initiate student conduct proceedings. The Student Conduct Administrator will offer to conduct pre-hearing conferences separately with the complainant and respondent to review information concerning the charges, interim remedies, proposed sanctions or range of sanctions, the nature of further proceedings, and possible disposition without hearing.
The Student Conduct Administrator shall, in consultation with and agreement from the Title Ⅸ Coordinator, determine which cases are appropriate for disposition without hearing, taking into consideration the investigation report and any additional information provided during any conferences. If a proposed resolution agreement can be reached, the terms shall be put in writing and signed by the student charged and the University (after a reasonable opportunity to consult with an advisor). Any proposed resolution may be appealed by the complainant and is not final until any such appeal is exhausted.
If not resolved, the Student Conduct Administrator will issue a Notice of Hearing and shall schedule the hearing promptly, but in any event no sooner than 10 working days after, and no later than 20 working days after, the date of the Notice of Hearing. The findings and conclusions of the investigations conducted in accordance with Executive Orders 1096 and 1097, once any appeals are exhausted, are final and binding. The hearing is limited to determining appropriate sanctions; the findings of the investigation are not under review.
The Hearing Officer controls the hearing. The Student Conduct Administrator and the student charged each put on the evidence in their case and may each ask questions of the witnesses in whatever manner the Hearing Officer deems appropriate. The Hearing Officer may ask questions of any witness, the student charged, the complainant, Student Conduct Administrator, or the Title Ⅸ Coordinator.
Questions may not be posed to complainants about their past sexual behaviors involving any persons other than the student charged. The Hearing Officer shall ask any questions of the complainant and other witnesses on behalf of the student charged (who shall give the Hearing Officer a written list of questions).
The investigation report and any Chancellor’s Office Appeal Response prepared pursuant to Executive Orders 1096 or 1097 shall be entered into evidence at the hearing, redacted as appropriate to protect private (e.g. contact) information or as otherwise required by law. If the student charged fails to appear at the hearing without good cause, the hearing shall nevertheless proceed.
The Hearing Officer shall submit a written report to the president recommending sanctions, if any, as well as any recommendations regarding additional remedies. The report shall include any mitigating or aggravating factors relied upon by the Hearing Officer in reaching the recommendations. The report shall be submitted within 10 working days after the hearing.
President's Sanction Decision⁄Notification
The president shall review the investigative report and the Hearing Officer's report and issue a decision concerning the appropriate sanction. The president's decision letter shall be issued within 10 working days after receipt of the Hearing Officer's report. The president shall simultaneously send the decision electronically to the student charged and complainant(s).
Unless the Chancellor’s Office notifies the campus that an appeal has been filed, the president’s sanction decision becomes final 11 working days after the date of the decision letter
The following sanctions may be imposed for violation of the Student Conduct Code:
- RESTITUTION – Compensation for loss, damages or injury. This may include appropriate service and/or monetary material replacement.
- LOSS OF FINANCIAL AID – Scholarships, loans, grants, fellowships and any other types of state financial aid given or guaranteed for the purposes of academic assistance can be conditioned, limited, canceled or denied.
- EDUCATIONAL AND REMEDIAL SANCTIONS – Assignments, such as work, research, essays, service to the University or the community, training, counseling, removal from participation in recognized student clubs and organizations (e.g., fraternities misconduct or as deemed appropriate based upon the nature of the violation.
- DENIAL OF ACCESS TO CAMPUS OR PERSONS – A designated period of time during which the student is not permitted on University Property or specified areas of campus or is not permitted to have contact (physical or otherwise) with the complainant, witnesses or other specified persons.
- DISCIPLINARY PROBATION – A designated period of time during which privileges of continuing in student status are conditioned upon future behavior. Conditions may include the potential loss of specified privileges to which a current student would otherwise be entitled, or the probability of more severe disciplinary sanctions if the student is found to violate the Student Conduct Code or any University policy during the probationary period.
- SUSPENSION – Temporary separation of the student from active student status or student status.
- A student who is suspended for less than one academic year shall be placed on inactive student (or equivalent) status (subject to individual campus policies) and remains eligible to re- enroll at the University (subject to individual campus enrollment policies) once the suspension has been served. Conditions for re-enrollment may be specified.
- A student who is suspended for one academic year or more shall be separated from student status but remains eligible to reapply to the University (subject to individual campus application polices) once the suspension has been served. Conditions for readmission may be specified.
- Suspension of one academic year or more, withdrawals in lieu of suspension, and withdrawals with pending misconduct investigations or disciplinary proceedings shall be entered on the student’s transcript permanently without exception; this requirement shall not be waived in connection with a resolution agreement.
NOTE: A student is not considered to be in good standing for purposes of admission to the University while under a sanction of suspension or expulsion, or while admission or re-admission has been disqualified.
NOTE: More than one sanction may be imposed for a single violation.
Other Considerations Related to Sanctions
- Administrative Hold and Withholding of Degree – The University may place an administrative hold on registration transactions and release of records and transcripts of a student who has been sent written notice of a pending investigation or disciplinary case concerning that student, and may withhold awarding a degree otherwise earned until the completion of the process, including the completion of all sanctions imposed.
- Record of Discipline – A record of disciplinary probation or suspension is entered on a student’s transcript, with beginning and end date, for the duration of the sanction. A record of expulsion or suspension for one academic year or more shall note the effective date of discipline and remains on the transcript permanently, without exception. A record of withdrawal in lieu of suspension or expulsion and withdrawal with pending misconduct investigation or disciplinary proceeding remains on the transcript permanently, without exception. These requirements shall not be waived in connection with any resolution agreement.
- Interim Suspension – A president may impose an interim suspension pursuant to Title 5, California Code of Regulations section 41302 where there is reasonable cause to believe that separation of a student is necessary to protect the personal safety of persons within the University community or University property, and to ensure the maintenance of order.
An investigative finding of a violation of Executive Orders 1096 or 1097 standing alone may be sufficient to constitute reasonable cause to believe that an interim suspension is necessary to protect the personal safety of persons within the University community or University property, and to ensure the maintenance of order.
- Denial of Presence on Campus During Interim Suspension – During the period of an interim suspension, the student charged may not, without prior written permission from the campus president, enter any campus of the California State University other than to attend the hearing regarding the merits of the interim suspension and any disciplinary hearing. The president may also restrict the student’s participation in University-related activities on a case-by-case basis, such as attending off-campus activities and/or participating in on-line classes. Violation of any condition of interim suspension shall be grounds for expulsion.
- Admission or Readmission – Applicants for admission or readmission into any University program are subject to appropriate sanctions for violations of the Student Conduct Code, including qualification, revocation or denial of admission or readmission. For students who withdraw while a disciplinary matter is proceeding, the campus has discretion whether to continue proceedings or hold proceedings in abeyance.
Appeal of President's Sanction
The complainant and student charged each may file an appeal of the president’s decision of appropriate sanctions to the Chancellor’s Office no later than 10 working days after the date of the president’s decision letter. The complainant may also appeal any proposed sanctions agreed to as part of a proposed resolution agreement with the student charged.
Sanction appeals are limited to a determination as to whether the sanction is reasonable under the facts and circumstances as determined by the investigation and whether any prejudicial procedural errors occurred during the hearing. The Chancellor’s Office appeal review will not involve a new investigation and will not consider evidence that was not introduced during the investigation or hearing. The record will be limited to the record at the hearing.
The Chancellor’s Office shall issue a final appeal response no later than 10 working days after receipt of the written appeal.
Registered Sex Offenders
Sexual Offender Registration laws require convicted sex offenders to register their status with SSU Police Services department if they are enrolled, residing, attending, carrying on a vocation (i.e. contractor or vendor on campus for more than 30 days in the year), or working with or without compensation for SSU. SSU Police Services does not maintain a public database of registrants at SSU.
Public information that is available about sex offenders in California is on the California Department of Justice Megan's law web site. Sex offenders can be queried by name, or by their residence zip code, county, city, or address. Additionally, this site has map lookup to view sex offenders that live within a specified radius of a location, such as within a specific radius around your residence, place of work, or around SSU.
The University is responsible for protecting the lives and property of every person on campus in the event of an emergency. We must be prepared at all times to respond to circumstances and situations that would adversely affect the ability of the University to fulfill our responsibility of educating our students. Police and Safety Services is responsible for coordinating the University’s emergency management program, which provides for the planning and implementation of the emergency preparedness program, emergency response and recovery plans, and the continuity of operations program.
It is our practice that once the scope of an emergency, critical incident, disaster or situation that poses an immediate threat to the health and safety of the campus community has been professionally assessed, emergency notification will be made using the campus emergency notification system (ENS) and any other means available to communicate critical information to members of the campus community. The University ENS is an integrated system that allows for simultaneous notification to subscribers using text message, email, and/or voice mail. All campus employees and students are opted-in to the program using campus email and, for employees, campus telephones. Students and employees who have entered a mobile phone number in the campus-wide online services system will automatically be subscribed to text messages and mobile telephone calls. Employees and students are encouraged to enter their mobile phone numbers to ensure that they receive ENS messages.
Incidents will be assessed by Police Services responders, the Chief of Police, the University Emergency Manager, the Associate Vice President for Communications and Marketing, Vice President of Administration and Finance, the and/or University President or his or her designee. Depending upon the nature of the emergency, other personnel that are specific to the type of incident, such as a Fire Official in the event of a fire, or an Environmental Health and Safety Official in the event of a chemical spill, may also be consulted. The evaluation of an emergency should not be delayed due to the absence or unavailability of any of these persons.
If the emergency is confirmed, the Chief of Police, Emergency Manager, and other campus authorities will, without delay, take into account the safety of the community, determine the content and audience of the notification and initiate the notification system, unless the notification will, in the professional judgment of responsible authorities, compromise efforts to assist victims, jeopardize a criminal investigation, or jeopardize efforts to contain, respond to, or otherwise mitigate the emergency. Those composing the message(s) and making response recommendations will consider the needs of specific community groups when providing instructions. For example, the ability or preference to recommend evacuation or sheltering in place may vary for campus residents, commuter students, employees, or minor children on campus.
The ENS allows for notification to all persons subscribed on campus or select persons based on classification (student versus employee, for example) or other predefined groups. Notifications using the ENS will be sent to all subscribers unless specific circumstances are present that justify the inclusion of only a specific group. In addition to the ENS, emergency notification may be made using public address systems on emergency vehicles, bullhorns, University-wide e-mails, the University website, and through the Sonoma State University Emergency Information Hotline. If an emergency affects only a portion of campus or a sub-set of the community, communications can be targeted using other means, including campus email, telephone calls, public address, and/or bullhorns. The location and scope of the incident, severity of the incident, anticipated length of the emergency and/or the population on campus at the time are all considerations that will be taken when evaluating the target audience for the notification.
Even when targeted notifications are made, general community notifications will be considered as it is in the interest of the entire community to be aware of even localized emergencies. Emergency information will be communicated to the greater community using local and regional media, social media (Facebook, Twitter), the University web page, and the University Emergency Hotline. Communication using these means is coordinated by the Associate Vice President for Communication and Marketing or her/his designee.
In order to protect the health and safety of all community members, the University is committed to providing prompt emergency notification(s) including, as the emergency allows, instructions to evacuate, shelter in-place, initiate lockdown, or the relocation of members of the campus community from high-risk areas to low-risk assembly areas.
Emergency information transmitted to the campus community will generally include:
- Type/kind of emergency
- Life-saving instructions (shelter in-place, lock-down, active shooter)
- Class and/or building closures
- Road and/or area closures
- Evacuation instructions, routes of egress
All members of campus must understand that emergencies are dynamic and progress rapidly. Therefore, some information may not be communicated when it is unknown, rapidly changing, or may pose a threat to others.
Emergency Response & Testing
The University complies with the National Incident Management System (NIMS) and the California Standardized Emergency Management System (SEMS) and annual review and training of said plans, as required by CSU Executive Order 1056. The University Emergency Operations Plan outlines the University response to a variety of specific emergencies and outlines the incident management structure that will be utilized during an emergency response.
During a significant emergency, the protection and preservation of life is the number one priority for our emergency responders. When a report of a significant emergency or dangerous incident is reported to Sonoma State University Police, an initial response to the location will be done by police personnel. Once on scene, SSU Police and Safety Services will take actions pursuant to their training to protect life and property. In addition to Police Services personnel, staff from each building are identified and trained as building marshals. During an emergency, these marshals are responsible for coordinating building evacuation, shelter in place, or relocation.
Each year, as required by the Clery Act, all members of the SSU community are provided information regarding the University’s emergency response and evacuation procedures through campus email. This information is also posted to the Police & Safety Services web site, is included in the department newsletter and in the all-employee NewsCenter.
Emergency procedures are tested and validated through regular testing and drills, as required by the Clery Act and Executive Order 1056. Tests, including drills, exercises, and workshops, may be announced or unannounced.
In 2015, the University participated in the “Great California Shake-Out” on October 15. This campus-wide, announced, earthquake drill tested community readiness and emergency preparedness efforts, tested the emergency notification system, and field response notification using bullhorns and public address systems. The campus community also received information about the campus emergency program, evacuation procedures and earthquake safety information via campus email, web site, and printed materials. Additionally, unannounced evacuation drills were conducted for campus buildings between September 1 through 18. Those drills tested fire alarm equipment, residential and non-residential evacuation procedures, evacuee assembly and communication plans, and validated residential staffing training.
Missing Student Notification
Federal law requires that the University report, both to local law enforcement and to the student's designated contact person, when campus residents are determined missing for 24 hour (i.e., no one can identify where they are). If the missing student is less than 18 years of age and not emancipated, the University is also required to notify their parent or guardian.
Campus residents are notified of the missing student notification procedures when providing emergency contact information and are given the opportunity to provide a confidential contact person during initial building meetings with the Residential Life staff during move-in week. This information is maintained by the Office of Residential Life and is treated as strictly confidential and accessible only by authorized university officials, and disclosed to law enforcement only in furtherance of a missing person investigation.
Law enforcement will always be notified if a student has been determined to be missing for over 24 hours, regardless of whether the student has provided a confidential contact. When a campus resident is believed missing, the situation should be reported immediately to SSU Police Services and any member of the Residential Life or Housing Services staff. When a campus resident is reported missing, the report will be immediately referred to SSU Police and Safety Services. After investigation of the missing person report, and the person is determined missing for 24 hours, The Office of Residential Life and⁄or the Vice President of Student Affairs will notify the student's missing student contact, if provided, and the SSU Police Services will notify Sonoma County law enforcement agencies no later than 24 hours after the student is determined to be missing.
Fire Safety Act
The 2015 Fire Safety Report is available at the following location:
- Criminal Homicide — Manslaughter by Negligence
- The killing of another person through gross negligence.
- Criminal Homicide — Murder and Non Negligent Manslaughter
- The willful (non-negligent) killing of one human being by another.
- The taking or attempting to take anything of value from another person or persons by force or threat of force or violence and⁄or by putting the victim in fear.
- Aggravated Assault
- An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon and⁄or by means likely to produce death or great bodily harm.
- The unlawful entry of a structure with the intent to commit a felony or a theft. For reporting purposes this definition includes: unlawful entry with intent to commit a larceny or felony; breaking and entering with intent to commit a larceny; housebreaking; safecracking; and all attempts to commit any of the aforementioned.
- Motor Vehicle Theft
- The theft or attempted theft of a motor vehicle. (Classify as motor vehicle theft all cases where automobiles are taken by persons not having lawful access even though the vehicles are later abandoned – including attempts and joyriding.)
- Weapon Law Violations
- The violation of laws or ordinances dealing with weapon offenses, regulatory in nature, such as manufacture, sale, or possession of deadly weapons; carrying deadly weapons, concealed or openly; furnishing deadly weapons to minors; aliens possessing deadly weapons; and all attempts to commit any of the aforementioned.
- Drug Abuse Violations
- Violations of State and local laws relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs. The relevant substances include: opium or cocaine and their derivatives (morphine, heroin, codeine); marijuana; synthetic narcotics (demerol, methadones); and dangerous non-narcotic drugs (barbiturates, benzedrine).
- Liquor Law Violations
- The violation of laws or ordinances prohibiting: the manufacture, sale, transporting, furnishing, possessing of intoxicating liquor; maintaining unlawful drinking places; bootlegging; operating a still; furnishing liquor to a minor or intemperate person; using a vehicle for illegal transportation of liquor; drinking on a train or public conveyance; and all attempts to commit any of the aforementioned. Drunkenness and driving under the influence are not included in this definition.
- Any willful or malicious burning or attempt to burn, causing great bodily injury, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc.
- Dating Violence
- Violence committed by a person who is or has been in a social 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.)
- Domestic Violence
- This includes a crime of violence committed by the victim’s current or former spouse or cohabitant, someone with whom the abuser has a child in common, 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.
- Engaging in a repeated course of conduct directed to a specific person (when based on gender or sex) that would cause a reasonable person to fear for her, his or others’ safety or to suffer substantial emotional distress.
"Hate crimes" are crimes that, upon investigation, manifest evidence that the victim was intentionally selected because of the perpetrator's bias. Clery Act statistics for hate crimes are derived from any of the Clery Act reportable crimes listed in the Crime Definitions section and, beginning in 2009, the following additional crimes. Note: Non-Criminal hate incidents are not included.
- The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. Note: Constructive possession is defined by Black's Law Dictionary, 6th edition, as "where one does not have physical custody or possession, but is in a position to exercise dominion or control over a thing.
- Simple Assault
- An unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration or loss of consciousness.
- To unlawfully place another person in reasonable fear of bodily harm through the use of threatening words and⁄or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack.
- Destruction⁄Damage⁄Vandalism of Property (Except Arson)
- To willfully or maliciously destroy, damage, deface, or otherwise injure real or personal property without the consent of the owner or the person having custody or control of it.
The following sex offense definitions are excerpted from the Summary Reporting Standards (SRS) Edition of the Uniform Crime Reporting Program. Any sexual act directed against another person, forcibly and⁄or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent.
- 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 consent of the victim. This definition includes any gender of victim or perpetrator. Sexual penetration means the 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, or by a sex-related object. This definition also includes instances in which the victim is incapable of giving consent because of temporary or permanent mental or physical incapacity (including due to the influence of drugs or alcohol) or because of age. Physical resistance is not required on the part of the victim to demonstrate lack of consent.
- Forcible Fondling
- The touching of the private body parts of another person for the purpose of sexual gratification, forcibly and⁄or against that person's will; or, not forcibly or against the person's will where the victim is incapable of giving consent because of his⁄her youth or because of his⁄her temporary or permanent mental incapacity.
- Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
- Statutory Rape
- Sexual intercourse with a person who is under the statutory age of consent