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
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 |
| 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, Employees and Third Parties may fill out a Complaint Form and submit it to the Title IX Coordinator. |
Terri La Beaux Campus Title IX Coordinator 510-885-4918
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| 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 tab for a full list of resources. |
On Campus Medical & Counseling Services Student Health and Counseling Services25800 Carlos Bee Blvd. SHCS 1209, Hayward, CA 94542
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| 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.
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| Bias Reporting |
If you see or experience bias on campus that is not specific to one person, for example enflamatory graffiti, you may report it with the form in the next box. |
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| 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:
The White House Task Force to Protect Students from Sexual Assault
- Protecting Students From Sexual Assault
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 Department
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 Center |
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. |
510-885-3735 shcs@csueastbay.edu Hayward Campus SHCS 1209 (between KPE and the Library) Monday - Friday 8:30am - 5:30pm |
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Campus Confidential Advocate
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Provides the following services:
Whether or not you report, accommodations can be made. It is the survivor's choice to contact resources or report to the police or the University. We support your choice. The Confidential Advocate is a privileged and confidential resource. Information will only be shared with CSUEB with permission from survivors. |
https://www.csueastbay.edu/advocacy-services/confidential-campus-advocate/ |
| BAWAR - Bay Area Women Against Rape |
From its beginnings in 1971, BAWAR has addressed the problem of sexual assault with two basic goals:
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. Gagan 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:
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24-hour Hotline:
Monday - Friday |
| SFWAR -San FranciscoWomen AgainstRape | 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: 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:
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| 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: |
| 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 protect the vulnerable, heal the wounded, and prevent abuse. |
925-708-6175 Melanie Sakoda |
| 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 Justice |
| 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 National Institute of Justice |
| 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 |
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 confidentialty, here
| 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. |
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. |
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Duty to |
Title IX Coordinator and Other University Employees not listed above. 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
Outline of the process for handling student complaints.
Faculty and Staff Training
Faculty and staff Training.
Employee, Student Employee, and Third Party Complaint Procedure
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 Policy Prohibiting Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation (Nondiscrimination Policy)
Equitable Rights
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
Education
Student Training
Sexual assault awareness and prevention training is required for ALL students at Cal State East Bay. Sexual Violence Prevention Training for Students will be available August 2022. The due date October 10, 2022.
- All new students will have two assignments and,
- Returning students will have a refresher course
Failure to complete the online training will result in a registration hold placed on your account on October 10, 2022. The Title IX hold dissolves one hour after completion of all training assigned.
To access the training click Vector Solutions Online Training for Students
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
List of Article VII. Policy Definitions of Consent, Rape, Stalking, Sexual Violence, and more.
Bystander Intervention / What You Can Do
Learn how you can help prevent sexual violence.
Legislation, Regulations, and Policies
- Attachment A Notice of Non-discrimination
- Attachment B - Myths and Facts about Sexual Violence
- Attachment-C-Rights-and-Options-AY2022-23
Violence Against Women Reauthorization Act /Campus SaVE Act
Title IX of the Education Amendments of 1972 (Sex Discrimination Regulation)
Jeanne Clery Act - Campus Security Report
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).
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 CSU Learn, a content management system that provides access to a wealth of engaging online eLearning courses, books, and videos:
*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.
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.
Pregnancy and Childbirth
Cal State East Bay is committed to nondiscrimination and accessibility
We are proud that Cal State East Bay serves a diverse student body and offers a learning environment that is welcoming, accessible, and supportive to everyone (See Cal State East Bay’s Non Discrimination Statement). This inclusiveness derives from our commitment to all students and is firmly based in federal rules, including:
- Title IX of the Education Amendments of 1972 (Title IX),
- Section 504 of the Rehabilitation Act of 1973 (Section 504), and
- Title II of the Americans with Disabilities Act of 1990 and the subsequent ADA Amendments Act of 2008 (Title II).
Cal State East Bay must provide resources to improve accessibility for pregnant students and those recovering from childbirth, including students who have disabling conditions from pregnancy or childbirth
As needed, Cal State East Bay must provide accommodations to pregnant students and those recovering from childbirth. These accommodations can take several forms, including: excusing absences, providing reasonable adjustments to the regular program, allowing students to make up missed work, and allowing students to return to the same academic and extracurricular status as they had before any pregnancy or birth-related absence began.
Cal State East Bay must also make reasonable modifications to policies, practices or procedures; and must provide adjustments, aids, and services to students with disabling conditions, including conditions arising from pregnancy or recovery from childbirth.
Cal State East Bay designates professional staff members to hear students’ needs and concerns
Students in need of pregnancy or birth-related accommodations, modifications, adjustments, aids, or services are encouraged to reach out to Accessibility Services as soon as possible. From there, Accessibility Services staff members will set up a meeting to determine accommodation needs with Accessibility Services counselors. Together, students and counselors work closely to implement accommodations and achieve equal access.
Students alleging discrimination or retaliation should reach out to the University’s Title IX Office.
Requests for accommodations:
Accessibility Services Director
25800 Carlos Bee Boulevard
Hayward, CA 94542
Office: Library 2400
Email: as@csueastbay.edu
Phone: (510) 885-3868
Claims and inquiries regarding discrimination:
Title IX Coordinator
25800 Carlos Bee Boulevard
Hayward, CA 94542
Office: Student Services & Administration 1600
Email: title9@csueastbay.edu
Phone: (510) 885-4918
Resources and Relevant Publications
Pregnant or Parenting? Title IX Protects You From Discrimination At School
Supporting the Academic Success of Pregnant and Parenting Students
The Pregnant Scholar
Title IX Communicatiion Guide: Supporting Pregnant and Parenting Students
Please click the link for an incident report Title IX/Discrimination Harassment Retaliation Incident Reporting Form
Find the Non-Discrimination Policy at the below link:
Find the .pdf complaint form for matters involving the prohibted conduct in the above policy.
Click here to file an incident of Discrimination, Harrassement and/or Bullying: Attachment F- Complaint Form