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Title IX

Introduction

California State University, East Bay does not discriminate on the basis of sex, gender, or sexual orientation in its education programs or activities. Title IX 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 or gender identity from sex discrimination, which includes sexual harassment and sexual violence. Recently, Title IX's scope has been expanded to include employees and campus visitors.

Read the full policy:  Notice of Non-Discrimination on the Basis of Sex (PDF).  Read more about Title IX, and the Violence Against Women Reauthorization Act/Campus SaVE Act.


Safety of the CSUEB Campus Community is Primary

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


Myths and Facts About Sexual Violence

Click here to read common myths and facts about sexual violence.

How to Report

Help is available. To report an incident of sexual violence, contact any of the following individuals or agencies:
Call 9-1-1 if you are in the midst of any kind of emergency, immediate harm or threat of harm.

Reporting Options

Description

Who to Contact

Criminal

Reporting to University police and/or local police is an option at any time following a Sexual Violence incident.

If you choose not to report to the police immediately, you 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 your behalf.

The university police department has mutual agreements with all agencies in Alameda and Contra Costa Counties. In case of a parallel investigation, information regarding the incident shall be shared exclusively on a "need to know" basis.

University Police
Lieutenant Omar Miakhail
25800 Carlos Bee Blvd.
Hayward, CA 94542
510-885-3791
Anonymous Phone Line: 
510-885-2444

Hayward Police Department
Special Victims Unit
300 W. Winton Ave.
Hayward, CA
(510) 293-7034
Non-emergency: (510) 293-7000

Concord Police Department
Non-emergency:
(925) 671-3220
Emergency: (925) 671-3333 from cell phone

Other Police Jurisdictions

Administrative

You may report to the campus Title IX Coordinator any incident of Sex Discrimination, Sexual Harassment, or Sexual Violence (including Rape, Acquaintance Rape, Dating Violence, Domestic Violence and Stalking). 

The campus Title IX Coordinator will discuss with you any reasonable interim remedies the University may offer prior to conclusion of an investigation or potential disciplinary action to reduce or eliminate negative impact on you and provide you with available assistance.

Read more about the role and responsibilities of the Title IX Coordinator.

Students may fill out a student complaint form and submit it to the Title IX Coordinator.

Employees and Third Parties may fill out this complaint form and submit it to the Title IX Coordinator.

CSUEB Title IX Coordinator
Terri  Labeaux

25800 Carlos Bee Blvd.
SA 1600
Hayward, CA 94542

510-885-4918
title9@csueastbay.edu
Monday – Friday
8:30am – 5:00pm

CSUEB Deputy Coordinators
Bethany Hobbs-Helmus
Intercollegiate Athletics

Vacant
Student Conduct, Rights, and Responsibilities

Shirley Mar Administrator
DHR Deputy Title IX Coordinator Senior Investigator

CSUEB Title IX Officer
Nyassa Love Johnson
Risk Management and 
Internal Control
25800 Carlos Bee Blvd.
SA 1600
Hayward, CA 94542
510-885-2743
Monday – Friday
8:30am – 5:00pm

Health and Counseling

You may choose to seek advice and assistance from physicians, psychotherapists, professional counselors, sexual assault and domestic violence counselors and advocates, including individuals who work or volunteer for them.

Please see the Support page for a full list of resources.

On Campus Medical & Counseling Services
Andrea Wilson
Student Health and
Counseling Services
25800 Carlos Bee Blvd.
SHCS 1209,
Hayward, CA 94542
510-885-3639
Monday – Friday
8:30am – 5:30pm

Confidential Advocate

The Confidential Advocate is a counselor and sexual assault advocate here exclusively to talk to and advocate for survivors, and those impacted by sexual violence including: sexual harassment, dating and intimate partner violence, sexual assault, stalking, and sexual exploitation. The confidential advocate serves the entire campus community; students, faculty, staff and affiliates.

Caitlin is a representative from BAWAR (Bay Area Women Against Rape) a non-profit in Oakland, which addresses the problem of sexual assault with two basic goals: 1) to establish a place where rape and incest survivors can receive the quality counseling and advocacy they need, and 2) to provide community education regarding sexual assault issues. BAWAR offers experienced counseling and advocacy 24-hours per day."

Caitlin Kauffman Confidential Advocate 510-885-3700 caitlin.kauffman@csueastbay.edu ItsOnUs@csueastbay.edu
Non-Reporting

You are strongly encouraged to report any incident of Sexual Violence to the police and/or campus Title IX Coordinator so that steps may be taken to protect you and the rest of the campus community. However, non-reporting is also an option.

When the Investigation is Limited by Confidentiality

In cases where the university’s ability to investigate a complaint is limited due to the victim’s request for confidentiality, Cal State East Bay will take a comprehensive approach to preventing sexual assault. This includes taking steps to limit the effects of the alleged sexual misconduct and prevent its recurrence without initiating formal action against the alleged perpetrator. Examples of actions that can be taken include:  providing increased monitoring, supervision, or security at locations or activities where the misconduct occurred; providing training and education materials for students and employees; revising and publicizing the school’s policies on sexual misconduct; and conducting climate surveys regarding sexual misconduct.

You may also file a report through the following agencies:

U.S. Department of Education, Office for Civil Rights:
(800) 421-3481 or ocr@ed.gov
If you wish to fill out a complaint form online with the OCR, you may do so at:
http://www2.ed.gov/about/offices/list/ocr/complaintintro.html


The White House Task Force to Protect Students from Sexual Assault
https://www.notalone.gov/

Other Police Jurisdictions:

Oakland Police Department
Non-emergency:
(510) 777-3333
Emergency: (510) 777-3211 from cell phone

BART Police
Non-emergency: 
1-877-679-7000

Alameda County Sheriff
Emergency Services Dispatch:
(510) 667-7721

East Bay Regional Parks Police Depatment

Non-emergency, 24-hour: 
(510) 881-1833
Emergency: (510) 881-1121 from cell phone






Support

Help is available. If you have experienced sexual violence, you are encouraged to seek immediate assistance from police and healthcare providers for your physical safety, emotional support and medical care, whether or not you choose to make an official report.

Organization

Description

Contact Information

Student Health
and Counseling
Services

Cal State East Bay's on-campus Student Health and Counseling Services (SHCS) center is staffed with trained counselors and medical staff who can provide immediate (as well as ongoing) confidential support and can discuss your options with you. Starting Fall 2014, SHCS is now offering after-hours mental health services to better serve our students.

Meet the counseling staff

Meet the medical staff

510-885-3735
shcs@csueastbay.edu

Hayward Campus
SHCS 1209 (between KPE and the Library)

Monday - Friday
8:30am - 5:30pm

BAWAR -
Bay Area Women Against Rape

From its beginnings in 1971, BAWAR has addressed the problem of sexual assault with two basic goals: 1) to establish a place where rape and incest survivors could receive the quality counseling and advocacy they need, and 2) to provide community education regarding sexual assault issues.  BAWAR offers experienced counseling and advocacy 24-hours per day.

The Confidential Advocate is a counselor and sexual assault advocate here exclusively to talk to and advocate for survivors, and those impacted by sexual violence including: sexual harassment, dating and intimate partner violence, sexual assault, stalking, and sexual exploitation. The confidential advocate serves the entire campus community; students, faculty, staff and affiliates.

Caitlin is a representative from BAWAR (Bay Area Women Against Rape) a non-profit in Oakland, which addresses the problem of sexual assault with two basic goals: 1) to establish a place where rape and incest survivors can receive the quality counseling and advocacy they need, and 2) to provide community education regarding sexual assault issues. BAWAR offers experienced counseling and advocacy 24-hours per day."

24-hour Hotline:
510-845-7273

510-347-6716
bawar@bawar.org

Monday - Friday
9am to 5pm

Caitlin Kauffman Confidential Advocate 510-885-3700 caitlin.kauffman@csueastbay.edu ItsOnUs@csueastbay.edu

SFWAR -
San Francisco
Women Against
Rape

SFWAR provides resources, support, advocacy and education to strengthen the work of all individuals, and communities in San Francisco that are responding to, healing from, and struggling to end sexual violence.

24-hour Hotline:
415-647-7273

415-861-2024
info@sfwar.org

The Men's Center
for Counseling

Offers a diverse and skilled staff of licensed therapists, specializing in the field of men's psychology and gender issues, that provide a safe and supportive environment for change and healing in men's lives.

510-644-8262
2925 Shattuck Ave.
Berkeley, CA

National
Domestic Violence Hotline

Operating around the clock, seven days a week, confidential and free of cost, the National Domestic Violence Hotline provides lifesaving tools and immediate support to enable victims to find safety and live lives free of abuse. Callers to the Hotline can expect highly trained experienced advocates to offer compassionate support, crisis intervention information and referral services in over 170 languages.  Visitors to this site can find information about domestic violence, safety planning, and local resources. 24-hour Hotline:
1-800-799-7233

http://www.thehotline.org/
RAINN - National Sexual Assault Hotline Offers support and information to victims of sexual assault. All calls are anonymous and confidential. You can also get 24/7 live help online. 1-800-656-HOPE

24-Hour Online Help:
https://ohl.rainn.org/online/
National Center for Victims of Crime The National Center for Victims of Crime is a nonprofit organization advocating for all victims of crime - adults and children. They educate child victims about their rights and the recent provisions that have been established to protect them. .  1-800-FYI-CALL
1-800-394-2255
TTY 1-800-211-7996
Survivors Network
of those Abused by Priests
SNAP is an independent, confidential network of survivors of religious sexual abuse and their supporters who work to potect the vulnerable, heal the wounded, and prevent abuse. 925-708-6175
Melanie Sakoda
East Bay Director
Office of 
Justice Programs
The Office for Victims of Crime offers the following resources: victim assistance information, research findings, and educational materials specific to domestic and family violence. 1-800-363-0441
ITVERP@usdoj.gov
California Attorney General’s Victim Service Unit Offers crime victims and their families support and information at every stage of the criminal process. Victims have rights, and the Attorney General is committed to ensuring that those rights are protected.  1-887-433-9069
California Department of Corrections and Rehabilitation, Office of Victim & Survivor Rights & Service Provides valuable information if you were the victim, survivor, or witness to a crime and the offender was sentenced to the California Department of Corrections and Rehabilitation (CDCR) either in an adult or juvenile facility. 1-877-256-6877
Victim Compensation Program The California Victim Compensation Program can help pay bills and expenses that result from certain violent crimes. Victims of crime who have been injured or have been threatened with injury may be eligible for help. 1-800-777-9229

Informational
Resource

Description

Contact
Information

Center for
Disease Control
and Prevention:
Intimate Partner Violence
The CDC Intimate Partner Violence webpage provides strategies on how to promote healthy behaviors in relationships, as well as data, reports, and a list of additional resources. 1-800-232-4636
Defending
Childhood
The Defending Childhood Initiative, a component of the U.S. Department of Justice, was launched in 2010 and has been working with leading researchers to take an in-depth look at the problem of children exposed to violence 202-514-2007
www.justice.gov
National Institute
of Justice
:
Intimate Partner
Violence
The NIJ is the research, development and evaluation agency of the U.S. Department of Justice and is dedicated to improving knowledge and understanding of crime and justice issues through science.

Intimate partner violence describes physical, sexual, or psychological harm by a current or former intimate partner or spouse. Learn more about Intimate Partner Violence.

202-307-2942
http://www.nij.gov/

California Partnership to End Domestic Violence Is a statewide membership coalition of domestic violence agencies and victim service providers that foster unity within the domestic violence movement in California.

1-800-524-4765

Office of 
Violence against
Women
The mission of the Office on Violence Against Women (OVW), a component of the U.S. Department of Justice, is to provide federal leadership in developing the national capacity to reduce violence against women and administer justice for and strengthen services to victims of domestic violence, dating violence, sexual assault, and stalking. 202-307-6026
www.justice.gov

Know your Options - 

Sexual Violence and Confidentiality

We encourage victims of sexual violence to talk to someone about what happened – so you can get the support you need, and so the University can respond appropriately.

Whether a University employee is able to maintain confidentiality depends on the employee’s position and responsibilities at the University. Most university employees have a duty to report the incident to the Title IX Coordinator. Please refer to the table below to assist you in making informed choices about where to turn for help.

Read more about your rights and options.

Level of Disclosure

Who This 
Applies To

What This Means

Privileged and
Confidential
Communications

Physicians, Psychotherapists, Professional Counselors, Sexual Assault and Domestic Violence Counselors and Advocates, and their support staff.

The individuals listed above may not report any information about an incident of Sexual Violence to anyone else at the University, including the Title IX Coordinator, without the victim’s consent.  See limited exceptions under California Law.

A victim can seek assistance and support from physicians, psychotherapists, professional, and licensed counselors without triggering a University investigation that could reveal the victim’s identity or the fact of the victim’s disclosure.
Duty to
Report
With or Without
Personally 
Identifiable
Information

University Police or Local Police.

If you report an incidence of sexual violence to the police, the police are required to notify you that your name will become a matter of public record unless confidentiality is requested. If you request confidentiality, your name will not become a matter of public record and the police will not report your identity to anyone else at the University, including the Title IX Coordinator. However, the facts of the incident itself will be reported to the Title IX Coordinator, and the type of incident will be included in the annual crime statistics report, as required by the federal Clery Act.

A victim can report to the police and request confidentiality in order to keep his or her identity confidential. 

However, the police are still required to report the facts of the incident to the Title IX Coordinator, AND report the type of incident for the annual campus security report.

Duty to
Report
Full Disclosure

Title IX Coordinator and Other University Employees not listed above.

Most University employees have a duty to report sexual violence incidents when they are on notice of it. Employees are required to report the incident to the Title IX Coordinator.

To the extent possible, information reported to the Title IX Coordinator or other University employees will be shared only with individuals responsible for handling the University’s response to the incident. The University will protect the privacy of individuals involved in a Sexual Violence incident except as otherwise required by law or University policy.

If a victim requests of the Title IX Coordinator or another University employee that his/her identity remain completely confidential, the Title IX Coordinator will explain that the University cannot always honor that request and guarantee complete confidentiality.

When a victim tells the Title IX Coordinator or another University employee about a Sexual Violence 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 Violence directly to the Title IX Coordinator.

When the Investigation is Limited by Confidentiality

In cases where the university’s ability to investigate a complaint is limited due to the victim’s request for confidentiality, Cal State East Bay will take a comprehensive approach to preventing sexual assault. This includes taking steps to limit the effects of the alleged sexual misconduct and prevent its recurrence without initiating formal action against the alleged perpetrator. Examples of actions that can be taken include:  providing increased monitoring, supervision, or security at locations or activities where the misconduct occurred; providing training and education materials for students and employees; revising and publicizing the school’s policies on sexual misconduct; and conducting climate surveys regarding sexual misconduct.

Procedures


Student Complaint Procedure

Click here for an outline of the process for handling student complaints.

Faculty and Staff Training

Click here for faculty and staff Training.

Employee, Student Employee, and Third Party Complaint Procedure

Click here for an outline of the process for handling employee, student employee, and third party complaints.

Retaliation

It is illegal to retaliate against anyone who files a complaint. See CSU Executive Orders 1096 and 1097.

Equitable Rights

Click here for information on equitable rights of the complainant and respondent.

Interim Remedies

Learn what steps the University can take in order to protect and accommodate victims during an investigation.

Education


Student Training

Sexual assault awareness and prevention training is required for ALL students at Cal State East Bay. Go to the frequently asked questions webpage to learn more about the training. The training will be available in Fall Quarter 2015.

In-Person Training

In addition to taking the sexual assault awareness and prevention training module, students who are in leadership roles including Resident Advisors, Student Service Officers, Peer Mentors, student athletes, Greeks, and others, receive in-person training on sexual assault awareness and prevention and bystander intervention.

Definition of Terms

Click here for a list of definitions of Consent, Rape, Stalking, Sexual Violence, and more.

Bystander Intervention / What You Can Do

Learn how you can help prevent sexual violence.


Myths and Facts about Sexual Violence

1. Myth: Victims provoke sexual assaults when they dress provocatively or act in a promiscuous manner. Fact: Rape and sexual assault are crimes of violence and control that stem from a person's determination to exercise power over another. Neither provocative dress nor promiscuous behaviors are invitations for unwanted sexual activity. Read more myths and facts about sexual violence.

Legislation, Regulations and Policies

CO 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

CO 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

CO Executive Order 1095:  Systemwide Sex Discrimination, Sexual Harassment, Sexual Misconduct, Dating and Domestic Violence, and Stalking Policy Executive Order 1095 Revised June 23, 2015

      Attachment A - Notice of Non-Discrimination on the Basis of Sex
      Attachment B - Myths and Facts about Sexual Violence
      Attachment C - Rights and Options for Victims


Violence Against Women Reauthorization Act of 2013 /Campus SaVE Act

Title IX of the Education Amendments of 1972 (Sex Discrimination Regulation)


Jeanne Clery Act - Campus Security Report

Click here to read the annual report on University crime statistics and other relevant safety/security information.

Resources for Faculty and Staff


What is your reporting responsibility?

Any campus community member* who knows or has reason to know of allegations or acts that violate the policy prohibiting Discrimination, Harassment and Retaliation, shall promptly inform the DHR Administrator or Title IX Coordinator (if the allegations involve Sex Discrimination, Harassment or Sexual Violence). See limited exceptions.

Employees are required to disclose the name of a possible victim of Sexual Violence to the Title IX Coordinator even where the victim has requested that his/her name remain confidential; the Title IX Coordinator will determine whether confidentiality is appropriate given the circumstances of each such incident as set forth in Executive Order 1095.

To the extent possible, information reported to the Title IX Coordinator or other University employees will be shared only with individuals responsible for handling the University’s response to the incident. The University will protect the privacy of individuals involved in a Sexual Violence incident except as otherwise required by law or University policy.

Training for Faculty and Staff

As part of our commitment to creating and sustaining an educational and working environment free from all forms of violence and harassment, and in compliance with the recommendations of Title IX and the Violence Against Women Act (VAWA), the University is offering training and education for all employees through Skillport, a content management system that provides access to a wealth of engaging online eLearning courses, books, and videos:

EDU: Eliminate Campus Sexual Violence (CSU)

EDU Supervisor: Anti-Harassment, Discrimination, Retaliation


To access a course, follow these instructions:

1.     Click on either link above or visit the Skillport site at https://ds.calstate.edu/?svc=skillsoft

2.     Select “East Bay” from the drop-down menu. Click the “Login” button.

3.     Enter your NetID and NetID password in the spaces provided. Click the “Login” button.

4.     Click on the “View My Plan” link at the top of the page.

5.     If it doesn’t already open up to the page, make sure to click on the tab labeled “Assigned Learning”.

6.     Select the course by clicking once on the title, and then on the “Launch” link on the next page. (You  may need to disable your pop-up blocker in order to launch the training).

7.     If the course doesn't appear in "My Plan", you can search the catalog by typing the course name in the search box at the top of the page.






*Limited Exceptions: The following persons are not required to report any information about an incident of sexual violence: (1) physicians; psychotherapists; professional, and licensed counselors who work on or off campus, and who provide medical or mental health treatment or counseling (including those who act in that role under their supervision); and (2) sexual assault and domestic violence counselors and advocates who work or volunteer on or off campus in sexual assault centers, victim advocacy offices, women’s centers, and health centers (including those who act in that role under their supervision, along with non-professional counselors or advocates who work or volunteer in sexual assault centers, victim advocacy offices, women’s centers or health centers), without the victim’s consent. See limited exceptions under California Law.

University Police are not required to report any personally-identifiable information about a victim of sexual violence if the victim requests confidentiality, but must report the facts of the incident.

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