Nondiscrimination Policy and Complaint Procedures

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

Any Chico State student or applicant for admission to Chico State has the right to be free from discrimination, harassment, and retaliation (DHR). Executive Order 1097 outlines the process for inquiries and investigations and for filing complaints. Students/applicants with concerns or complaints should contact Student Rights and Responsibilities, in SSC 180.

The California State University does not discriminate on the basis of age, genetic information, marital status, medical condition, nationality, race or ethnicity (including color, caste and ancestry), religion (or religious creed), and veteran or military status—as these terms are defined in the in its programs and activities, including admission and access. Federal and state laws, including Title VI of the Civil Rights Act of 1964 and the California Equity in Higher Education Act, prohibit such discrimination.

The Title IX Coordinator has been designated to coordinate the efforts of Chico State to comply with all applicable federal and state laws prohibiting discrimination on these bases. Inquiries concerning compliance may be presented to this person in SSC 420. 

The Interim CSU Nondiscrimination Policy-Student Respondent Procedures (or any successor procedure) is the systemwide procedure for all complaints or discrimination, harassment or retaliation made against other CSU students. The Interim CSU Nondiscrimination Policy-Employee or Third-Party Respondent Procedures (or any successor procedure) is the systemwide procedure for all complaints of discrimination, harassment or retaliation made against the CSU, a CSU employee or a third party.

Protected Status: Disability

The California State University does not discriminate on the basis of disability (physical and mental)—as this term is defined in the Interim CSU Nondiscrimination Policy—in its programs and activities, including admission and access. Federal and state laws, including sections 504 and 508 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, prohibit such discrimination.

Holly Hunt, Director and ADA Coordinator of the Accessibility Resource Center, has been designated to coordinate the efforts of Chico State to comply with all applicable federal and state laws prohibiting discrimination on the basis of disability. Inquiries concerning compliance may be presented to this person at the Accessibility Resource Center, SSC 170, 530-898-5959.

The Interim CSU Nondiscrimination Policy-Student Respondent Procedures (or any successor procedure) is the systemwide procedure for all complaints of discrimination, harassment or retaliation made against, other CSU students. The Interim CSU Nondiscrimination Policy-Employee or Third-Party Respondent Procedures (or any successor procedure) is the systemwide procedure for all complaints of discrimination, harassment or retaliation made against the CSU, a CSU employee or a third party.

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

The California State University does not discriminate on the basis of gender (or sex), gender identity (including nonbinary and transgender) gender expression, pregnancy and sexual orientation—as these terms are defined in CSU policy—in its programs and activities, including admission and access. Federal and state laws, including Title IX of the Education Amendments of 1972, prohibit such discrimination.

The Deputy Title IX Coordinator/DHR Administrator, has been designated to coordinate the efforts of Chico State to comply with all applicable federal and state laws prohibiting discrimination on these bases. Inquiries concerning compliance may be presented to this person at Kendall Hall 220, 530-898-4949.

The California State University is committed to providing equal opportunities to all CSU students in all university programs, including intercollegiate athletics. The Interim CSU Nondiscrimination Policy-Student Respondent Procedures or Track 1 (Federal Mandated Hearing Process or any successor policy) are the systemwide procedures for all complaints of discrimination, harassment or retaliation made against other CSU students. The Interim Procedure (or any successor procedure) are the systemwide procedure for all complaints of discrimination, harassment or retaliation made against the CSU, a CSU employee or a third party.

Track 1 ( Federal Mandated Hearing Process) applies to complaints against a student, employee, third parties, and/or student-employees where the alleged conduct:

1. Meets the definition of sexual harassment as defined in Article V.B of the Nondiscrimination Policy (also defined in Track 1, Article II.K); and
2. Occurred in the United States; and
3. Occurred in an education program or activity at the university, as defined in Track 1, Article II.E.

As a matter of federal and state law and California State University policy, the following types of conduct are prohibited:

Discrimination

• Different Treatment Discrimination: Different Treatment Discrimination occurs when the Complainant is: 1) treated less favorably; 2) than other similarly situated individuals under similar circumstances; 3) because of the Complainant's actual or perceived Protected Status; and 4) not for a legitimate, nondiscriminatory reason. Insignificant or trivial actions or conduct not reasonably likely to do more than anger or upset a Complainant do not constitute "Different Treatment Discrimination."
• Under this Nondiscrimination Policy, discrimination in employment includes any adverse employment action or conduct that is reasonably likely to impair the Employee's job performance or prospects for advancement or promotion.
• An allegation that an Employee is receiving unequal pay because of their Protected Status (for example, under the California Equal Pay Act) constitutes a Discrimination Complaint under this Nondiscrimination Policy.

Harassment

 
Harassment may occur when:

Submitting to, or rejecting verbal, nonverbal, or physical conduct is explicitly or implicitly a basis for:

• Any decision affecting a term or condition of the Complainant's employment; or
• Any decision affecting a Complainant's academic status or progress, or access to benefits and services, honors, programs, or activities available at or through the University.

OR

• The conduct is sufficiently severe or pervasive so that its effect, whether intended or not, could be considered by a reasonable person under similar circumstances and with similar identities, and is in fact considered by the Complainant, as creating an intimidating, hostile, or offensive work or educational environment that denies or substantially limits an individual's ability to participate in or benefit from employment and/or educational, services, activities, or other privileges provided by the CSU. 

Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:

• The frequency, nature, and duration of the conduct;
• Whether the conduct was physically threatening;
• Whether the conduct arose in the context of other discriminatory conduct or other misconduct;
• The degree to which the conduct affected the Complainant's ability to access the CSU's educational programs, activities, or employment;
• The Parties' ages, roles within the CSU's educational programs or activities, previous interactions, and other factors about each Party that may be relevant to evaluating the effects of the conduct; and
• Other Harassment in the CSU's educational programs, activities, or employment.

Sexual Harassment

• Sexual Harassment means unwelcome verbal, nonverbal or physical conduct of a sexual nature that includes, but is not limited to, sexual advances, requests for sexual favors, offering employment benefits or giving preferential treatment in exchange for sexual favors, or any other conduct of a sexual nature. There are two kinds of Sexual Harassment:
• Quid pro quo: Quid pro quo is Latin for "this for that" and occurs when an Employee, agent, or other person in a position of power conditions an employment or educational benefit or service on submission to sexual advances or other conduct based on sex. Quid pro quo harassment exists when submitting to, or rejecting, the verbal, nonverbal or physical conduct is explicitly or implicitly a basis for:
• Any decision affecting a term or condition of the Complainant's employment; or
• Any decision affecting a Complainant's academic status or progress, or access to benefits and services, honors, programs, or activities available at or through the University.

OR

• Hostile environment harassment is unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and so severe, persistent, or pervasive that it limits or denies the Complainant's ability to participate in or benefit from the CSU's educational programs, activities, or employment. Hostile environment harassment must either:
• Create an intimidating, hostile or offensive work environment; or
• Limit a Student's ability to participate in or benefit from the services, activities, or opportunities offered by the University. Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:
• The frequency, nature, and duration of the conduct;
• Whether the conduct was physically threatening;
• Whether the conduct arose in the context of other discriminatory conduct or other misconduct;
• The degree to which the conduct affected the Complainant's ability to access the CSU's educational programs, activities, or employment;
• The Parties' ages, roles within the CSU's educational programs or activities, previous interactions, and other factors about each Party that may be relevant to evaluating the effects of the conduct; and
• Other Sexual Harassment in the CSU's educational programs, activities, or employment. Sexual Harassment could include being forced to engage in unwanted sexual contact as a condition of membership in a student organization or in exchange for a raise or promotion; being subjected to video exploitation or a campaign of sexually explicit content; or frequently being exposed to unwanted images of a sexual nature in a work environment, or in a classroom where the images are unrelated to the coursework. Claiming that the conduct was not motivated by sexual desire is not a defense to a Complaint of Sexual Harassment.

Sexual Misconduct

1. Sexual activity includes, but is not limited to:
   • Kissing
   • touching intimate body parts
   • fondling
   • intercourse
   • penetration, no matter how slight, of the vagina or anus with any part or object
   • oral copulation of a sex organ by another person.
2. Sexual Misconduct includes, but is not limited to, the following conduct:
   • an attempt, coupled with the ability, to commit a violent injury on the person of another because of that person's Gender or Sex,
   • the intentional touching of another person's intimate body parts without Affirmative Consent,
   • intentionally causing a person to touch the intimate body parts of another without Affirmative Consent,
   • using a person's own intimate body part to intentionally touch another person's body without Affirmative Consent,
   • any unwelcome physical sexual acts, such as unwelcome sexual touching,
   • using physical force, violence, threat, or intimidation to engage in sexual activity,
   • ignoring the objections of the other person to engage in sexual activity,
   • causing the other person's incapacitation through the use of drugs or alcohol to engage in sexual activity,
   • taking advantage of the other person's incapacitation to engage in sexual activity.
3. Intimate body part means the sexual organ, anus, groin, buttocks, or breasts of any person.
4. Sexual activity between a Minor (a person younger than 18 years old) and a person who is at least 18 and two years older than the Minor always constitutes Sexual Misconduct, even if there is Affirmative Consent to all sexual activity. The existence of Affirmative Consent and/or the type of sexual activity may be relevant to the determination of an appropriate Sanction.
5. Persons of all Genders, Gender Identities, Gender Expressions, and Sexual Orientations can be victims of these forms of Sexual Misconduct. Sexual Misconduct can be committed by an individual known to the victim including a person the Complainant may have just met, i.e., at a party, introduced through a friend, or on a social networking website.

Affirmative Consent

• Affirmative consent is given by clear words or actions. Affirmative consent includes knowledge and agreement to engage in the specific sexual activity.
• Affirmative Consent must be ongoing throughout a sexual activity and can be withdrawn or revoked at any time, including after sexual activity begins. Once consent is withdrawn or revoked and clearly communicated, the sexual activity must stop immediately.
• Consent to one form of sexual activity or one sexual act does not constitute consent to other forms of sexual activity. Consent given to sexual activity on one occasion does not constitute consent on another occasion.
• Affirmative Consent cannot be inferred from an existing or previous dating, social, or sexual relationship between the Parties.
• Silence does not mean there is Affirmative Consent.
• Lack of protest or resistance does not mean there is Affirmative Consent.
• A request for someone to use a condom or birth control does not, in and of itself, mean there is Affirmative Consent.
• Affirmative Consent cannot be given by a person who is incapacitated. A person is unable to consent when asleep, unconscious, or incapacitated due to the influence of drugs, alcohol, or medication.

Incapacitation: A person is incapacitated if they lack the physical and/or mental ability to make informed, rational decisions about whether or not to engage in sexual activity. A person with a medical or mental disability may also lack the capacity to give consent. Incapacitation exists when a person could not understand the fact, nature, or extent of the sexual activity.

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; or
• The person was unable to communicate due to a physical or mental condition.
• It shall not be a valid excuse that the Respondent believed that the person consented to the sexual activity under either of the following circumstances:
• The Respondent's belief in Affirmative Consent arose from the intoxication or recklessness of the Respondent;
• The Respondent did not take reasonable steps, in the circumstances known to the Respondent at the time, to ascertain whether the person affirmatively consented.
• Whether an intoxicated person (as a result of using alcohol, drugs, or medication) is incapacitated will require an individualized determination about 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. The level of intoxication may change over a period of time based on a variety of individual factors, including the amount of substance consumed, speed of intake, body mass, height, weight, tolerance, food consumption, drinking patterns, and metabolism. 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.
• Incapacitation due to alcohol, drugs or medication is a state of intoxication that is so severe that it interferes with a person's capacity to make informed and knowing decisions. A person who is incapacitated may not be able to understand where they are, whom they are with, how they got there, or what is happening. Signs that a person may be incapacitated due to the influence of drugs, alcohol, or medication include, but are not limited to, the following:
  • slurred speech or difficulty communicating clearly;
  • clumsiness or lack of physical coordination (e.g., difficulty standing or walking without assistance);
  • impaired motor skills (e.g., eating, drinking, texting);
  • disorientation regarding time and place;
  • difficulty concentrating;
  • vomiting;
  • combativeness or emotional volatility; or
  • sleeping, unconsciousness, or going in and out of consciousness.
• Incapacitation may also include memory impairment or an inability to recall entire or partial events (sometimes referred to as "black-out" or "brown-out"). A person may experience this symptom while appearing to be functioning "normally," including communicating through actions or words that can reasonably and objectively be interpreted as communicating consent to engage in sexual activity. Total or partial loss of memory alone may not be sufficient, without additional evidence, to prove that an individual was incapacitated under this Policy. Whether sexual activity under these circumstances constitutes Prohibited Conduct depends on the presence or absence of the outwardly observable factors indicating that an individual is incapacitated, as described above.
• In evaluating Affirmative Consent in cases involving incapacitation, the CSU considers the totality of available information in determining whether a Respondent knew or reasonably should have known that the Complainant was incapacitated.

Sexual Exploitation means a person taking sexual advantage of another person for the benefit of anyone other than that person without that person's consent, including, but not limited to, any of the following acts:

• The prostituting of another person.
• The trafficking of another person, defined as the inducement of a person to perform a commercial sex act, or labor of services, through force, fraud, or coercion.
• The recording of images, including video or photograph, or audio of another person's sexual activity or intimate parts, without that person's consent.
• The distribution of images, including video or photographs, or audio of another person's sexual activity or private body parts, if the individual distributing the images or audio knows or should have known that the person depicted in the images or audio did not consent to the disclosure. This includes distribution of digitally altered or artificial-intelligence-generated images, video, and audio.

The viewing of another person's sexual activity or private body parts, in a place where that other person would have a reasonable expectation of privacy, without that person's consent, for the purpose of arousing or gratifying sexual desire.

Dating Violence and Domestic Violence

1. Who is or has been in a social relationship of a romantic or intimate nature with the Complainant; and
2. Where the existence of such a relationship shall be determined based on a consideration of the following factors:
   1. The length of the relationship.
   2. The type of relationship.
   3. The frequency of interaction between the persons involved in the relationship.

Domestic Violence means physical violence or threat of physical violence committed by a current or former spouse or intimate partner of the Complainant, by a person with whom the Complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the Complainant as a spouse or intimate partner, or by a person similarly situated to a spouse of the Complainant. Domestic violence also includes acts against a Minor or adult victim who is protected from those acts under the family or domestic laws of the state.

Stalking

• Course of Conduct means two or more acts, including but not limited to, acts in which one party directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about the other party, or interferes with the other party's property.
• Substantial Emotional Distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

Prohibited Consensual Relationships

1. A consensual relationship means a sexual or romantic relationship between two individuals who voluntarily enter into such a relationship.
2. While sexual and/or romantic relationships between members of the University community may begin as consensual, they may evolve into situations that lead to Discrimination, Harassment, Retaliation, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, or Stalking subject to this Nondiscrimination Policy.
3. It is a violation of this Nondiscrimination Policy for an Employee to enter into a Prohibited Consensual Relationship.
4. Examples of Prohibited Consensual Relationships include, but are not limited to, a supervisor and an employee in their chain of command; a faculty member and a student enrolled in their class; a counselor and a student they are advising; a resident advisor and a student in their building; a club advisor and club member.

Retaliation

• Reporting or filing a Complaint;
• Participating or refusing to participate in any manner in any Policy-related investigation or proceeding, including a hearing;
• Opposing conduct which was reasonably and in good faith believed to be in violation of this Nondiscrimination Policy;
• Assisting or participating in an investigation or proceeding under this Nondiscrimination Policy, regardless of whether the Complaint was substantiated; or
• Assisting someone else in reporting or opposing a violation of this Nondiscrimination Policy or assisting someone else in reporting or opposing Retaliation under this Nondiscrimination Policy.
  • For purposes of this definition, Retaliation includes conduct that would discourage a reasonable person from reporting or participating in a process provided for in this Policy, including threats, intimidation, coercion, reprisals, discrimination, and adverse employment or educational actions.
  • Peer Retaliation, which is defined as Retaliation by one Student against another Student, is also prohibited.
  • Retaliation may occur even when there is not a power or authority differential between the individuals involved.
  • The exercise of rights protected under the First Amendment does not constitute Retaliation prohibited under this definition.
  • Good faith actions lawfully pursued in response to a Complaint, such as gathering evidence, providing Supportive Measures, or disciplining Students or Employees found to be in violation of this Nondiscrimination Policy, without more, are not considered Retaliation.

Track 1 Prohibited Conduct Definitions

1. Sexual Harassment means conduct on the basis of Sex that satisfies one or more of the following:
   1. An Employee conditioning the provision of an aid, benefit, or service of the University on an individual's participation in unwelcome sexual conduct;
   2. Unwelcome conduct determined based on the reasonable person standard to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to an Education Program or Activity.
2. Sexual Assault includes the following:
   1. Rape is the penetration or attempted penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the Affirmative Consent of the Complainant. Rape also includes the attempted penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the Affirmative Consent of the Complainant, with the present ability and the intent to commit Rape.
   2. Fondling is the touching of the private body parts of another person for the purpose of sexual gratification, without the Affirmative Consent of the victim, including instances where the Complainant is incapable of giving Affirmative Consent because of their age or because of their temporary or permanent mental incapacity.
   3. Incest is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
   4. Statutory Rape is sexual intercourse with a person who is under the age of 18 years, the California statutory age of consent. The definition of Affirmative Consent is that under Article VII.A.3 above.
3. Dating Violence means physical violence or threat of physical violence committed by a person:
   1. who is or has been in a social relationship of a romantic or intimate nature with the Complainant; and
   2. where the existence of such a relationship shall be determined based on a consideration of the following factors:
      • The length of the relationship.
      • The type of relationship.
      • The frequency of interaction between the persons involved in the relationship.
4. Domestic Violence means physical violence or threat of physical violence committed by a current or former spouse or intimate partner of the Complainant, by a person with whom the Complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the Complainant as a spouse or intimate partner, or by a person similarly situated to a spouse of the Complainant.
5. Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
   • fear for their safety or the safety of others; or
   • suffer substantial emotional distress.

See further information in Chico State's sexual violence prevention and education statement, Title IX Notice of Nondiscrimination (which includes facts and myths about sexual violence), and Victim's Rights and Options Notice, at Chico State's Title IX website.

Whom to Contact If You Have Complaints, Questions, or Concerns

Title IX requires the university to designate a Title IX Coordinator to monitor and oversee overall Title IX compliance. The university Title IX Coordinator is available to explain and discuss the university's complaint process, including the investigation and hearing process; the availability of reasonable supportive measures (both on and off campus regardless of whether the person chooses to report the conduct); the right to file a criminal complaint (for example, in cases of sexual misconduct); how confidentiality is handled; and other related matters. If you are in the midst of an emergency, please call the police immediately by dialing 9-1-1.

Title IX Coordinator
Student Services Building 420
titleix@csuchico.edu
530-898-4949
8–5 p.m.

University Police
Corner of West Second and Chestnut streets
Chico, CA 95929-0133
530-898-5555
8–5 p.m.

Title IX requires the university to adopt and publish complaint procedures that provide for prompt and equitable resolution of gender discrimination complaints, including sexual harassment and misconduct, as well as provide training, education and preventive measures related to sex discrimination. CSU Policy Prohibiting Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation (Nondiscrimination Policy) Made Against a Student (or any successor) is the systemwide procedure for all complaints of discrimination, harassment or retaliation made against, other CSU students. CSU Policy Prohibiting Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and Retaliation (Nondiscrimination Policy) Made Against an Employee or Third-Party (or any successor procedure) is the systemwide procedure for all complaints of discrimination, harassment or retaliation made against the CSU, a CSU employee or a third party.

Duty to Report

Except as provided below under confidentiality and sexual misconduct, dating violence, domestic violence, and stalking, any university employee who knows or has reason to know of allegations or acts that violate university policy shall promptly inform the Title IX Coordinator. These employees are required to disclose all information including the names of the parties, even where the person has requested that their name remain confidential. The Title IX Coordinator will determine whether confidentiality is appropriate given the circumstances of each such incident. (See confidential reporting options outlined below.)

Regardless of whether an alleged victim of gender discrimination ultimately files a complaint, if the university knows or has reason to know about possible sexual discrimination, harassment or misconduct, it must review the matter to determine if an investigation is warranted. The university must then take appropriate steps to eliminate any gender discrimination/harassment/misconduct, prevent its recurrence, and remedy its effects.

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

(800) 421-3481 (National Headquarters); or (800) 877-8339 (TDD) or ocr@ed.gov (National Headquarters) or (415) 486-5555 (California office), or ocr.sanfrancisco@ed.gov (California office)

If you wish to fill out a complaint form online with the OCR, you may do so using the OCR Electronic Complaint Form.

Safety of the University Community is Primary

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

Information Regarding University Criminal and Civil Consequences of Committing Acts of Sexual Violence

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

Students who are found responsible by the university with gender discrimination, harassment or sexual misconduct will be subject to discipline, pursuant to The Interim CSU Nondiscrimination Policy-Student Respondent Procedures for complaints made against a student and the California State University and Student Conduct Procedures (see the Student Conduct Procedures Policy, revised on August 14, 2020, or any successor policy) and will be subject to appropriate sanctions. In addition, during any investigation, the university may implement interim measures in order to maintain a safe and non-discriminatory educational environment. Such measures may include but not be limited to: immediate interim suspension from the university; a required move from university-owned or affiliated housing; adjustments to course schedule; and/or prohibition from contact with parties involved in the alleged incident.

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

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

Privileged and Confidential Communications

Physicians, Psychotherapists, Professional Licensed Counselors, Licensed Clinical Social Workers and Clergy—Physicians, psychotherapists, professional, licensed counselors, and clergy who work or volunteer on or off campus, and who provide medical or mental health treatment or counseling (and those who act under their supervision, including all individuals who work or volunteer int heir centers and offices) may not report any information about an incident of sexual misconduct to anyone else at the University, including the Title IX Coordinator, without the victim’s consent. A victim can seek assistance and support from physicians, psychotherapists, professional, licensed counselors, and clergy without triggering a University investigation that could reveal the victim’s identity or the fact of the victim’s disclosure. However, see limited exceptions below regarding when health care practitioners must report to local law enforcement agencies. Health care practitioners should explain these limited exceptions to victims, if applicable.

Sexual Assault and Domestic Violence Counselors and Advocates—Sexual assault and domestic violence counselors and advocates who work or volunteer on or off campus in sexual assault centers, victim advocacy offices, women’s centers, and health centers and who are acting solely in that role (including all individuals who work or volunteer in these centers and offices, as well as non-professional counselors or advocates, who work or volunteer in the sexual assault center, victim advocacy offices and those who act in that role under their supervision) may talk to a victim without revealing any information about the victim and the incident of sexual violence to anyone else at the University, including the Title IX Coordinator, without the victim’s consent. A victim can seek assistance and support from these counselors and advocates without triggering a University investigation that could reveal the victim’s identity or that a victim disclosed an incident to them. However, see limited exceptions below regarding when sexual assault and domestic violence counselors and advocates must report to local law enforcement agencies. Counselors and advocates should explain these limited exceptions to victims, if applicable.

The University will be unable to conduct an investigation into a particular incident or pursue disciplinary action against a perpetrator if a victim chooses to

1. Speak only to a physician, professional counselor, clergy member, sexual assault counselor, domestic violence counselor or advocate; and
2. Maintain complete confidentiality. Even so, these individuals will assist victims in receiving other necessary protection and support, such as victim advocacy, disability services, medical/health or mental health services, or legal services, and will advise victims regarding their right to file a Title IX complaint with the University and a separate complaint with local or University police.

If a victim insists on confidentiality, such professionals, counselors and advocates will likely not be able to assist the victim with: university academic support or accommodations; changes to university-based living or working schedules; or adjustments to course schedules. A victim who at first requests confidentiality may later decide to file a complaint with the university or report the incident to the police, and thus have the incident fully investigated. These counselors and advocates can provide victims with that assistance if requested by the victim. These counselors and advocates will also explain that Title IX includes protections against retaliation, and that the university will not only take steps to prevent retaliation when it knows or reasonably should know of possible retaliation but will also take strong responsive action if retaliation.

Exceptions: Under California law, any health practitioner employed in a health facility, clinic, physician’s office, or local or state public health department or clinic is required to make a report to local law enforcement if the health practitioner provides medical services for a physical condition to a patient/victim who the health practitioner knows or reasonably suspects is suffering from

1. A wound or physical injury inflicted by a firearm; or
2. Any wound or other physical injury inflicted upon a victim where the injury is the result of assaultive or abusive conduct (including Sexual Violence, Domestic Violence, and Dating Violence).

This exception does not apply to sexual assault and domestic violence counselors and advocates. Health care practitioners should explain this limited exception to victims, if applicable.

Additionally, under California law, all professionals described above (physicians, psychotherapists, professional counselors, 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, if applicable.

Finally, some or all of these professionals may also have reporting obligations under California law to

1. Local law enforcement in cases involving threats of immediate or imminent harm to self or others where disclosure of the information is necessary to prevent the threatened danger; or
2. To the court if compelled by court order or subpoena in a criminal proceeding related to the sexual violence incident.

If applicable, these professionals will explain this limited exception to victims.

Reporting to University or Local Police

If a victim reports to local or University Police about sexual misconduct crimes, the police are required to notify victims that their names will become a matter of public record unless confidentiality is requested. If a victim requests that their identity be kept confidential, their name will not become a matter of public record. However, even if the victim requests confidentiality of identity, the University Police should specifically ask the victim if the victim's name can be provided to the Title IX Office so that the Title IX Coordinator can contact the victim to discuss supportive measures that can be offered. If a victim gives consent to law enforcement to provide their name to the Title IX Coordinator, their name will not become a matter of public record. Even if a victim does not give the police permission to provide their name to the Title IX Coordinator, University Police will report the facts of the incident itself to the Title IX Coordinator being sure not to reveal to the Title IX Coordinator victim names/identities or compromise their own criminal investigation. The University is required by the federal Clery Act to report certain types of crimes (including certain sex offenses) in statistical reports. However, while the University will report the type of incident in the annual crime statistics report known as the Annual Security Report, victim names/identities will not be revealed.

Reporting to the Title IX Coordinator and Other University Employees

Most university employees have a duty to report incidents of sexual misconduct when they are on notice of it. When a victim tells the Title IX Coordinator or another university employee about an incident of sexual misconduct, the victim has the right to expect the university to take immediate and appropriate steps to investigate what happened and to resolve the matter promptly and equitably. In all cases, the university strongly encourages victims to report incidents of sexual misconduct directly to the university Title IX Coordinator. As detailed above, in the "Privileged and Confidential Communications" section of this policy, all university employees except physicians, licensed professional counselors, licensed clinical social workers, sexual assault counselors and advocates, must report to the Title IX Coordinator all relevant details about any incidents of sexual misconduct of which they become aware. The university will need to determine what happened—and will need to know the names of the victim(s) and the perpetrator(s), any witnesses, and any other relevant facts, including the date, time and specific location of the incident.

To the extent possible, information reported to the Title IX Coordinator or other university employees will be shared only with individuals responsible for handling the university’s response to the incident. The university will protect the privacy of individuals involved in a sexual misconduct incident except as otherwise required by law or university policy. A report of sexual misconduct may result in the gathering of extremely sensitive information about individuals in the university community. While such information is considered confidential, university policy regarding access to public records and disclosure of personal information may require disclosure of certain information concerning a report of sexual misconduct. In such cases, efforts will be made to redact the records, as appropriate, in order to protect the victim’s identity and privacy and the privacy of other involved individuals. Except as detailed in the section on "Privileged and Confidential Communications", no university employee, including the Title IX Coordinator, should disclose the victim’s identity to the police without the victim’s consent or unless the victim has also reported the incident to the police.

If a victim requests of the Title IX Coordinator or another university employee that their identity remain completely confidential, the Title IX Coordinator will explain that the university cannot always honor that request or guarantee complete confidentiality. If a victim wishes to remain confidential or request that no investigation be conducted or disciplinary action taken, the university must weigh that request against the university's obligation to provide a safe, non-discriminatory environment for all students, employees, and third parties, including the victim. Under those circumstances, the Title IX Coordinator will determine whether the victim's request for complete confidentiality and/or no investigation can be honored under the facts and circumstances of the particular case, including whether the university has a legal obligation to report the incident, conduct an investigation or take other appropriate steps. Without information about a victim's identity, the university's ability to meaningfully investigate the incident and pursue disciplinary action against the perpetrator may be severely limited. See the Interim CSU Nondiscrimination Policy (or any successor policy) for further details around confidential reporting, and other related matters.

Additional Resources

See further information in Chico State's sexual violence prevention and education statement, Title IX Notice of Nondiscrimination (which includes facts and myths about sexual violence), and Victim's Rights and Options Notice, at Chico State's Title IX website.

U.S. Department of Education, regional office:
Office for Civil Rights
50 United Nations Plaza
San Francisco, CA 94102
415-486-5555
TDD 877-521-2172
ocr.sanfrancisco@ed.gov

U.S. Department of Education, national headquarters:
Office for Civil Rights
800-421-3481
TDD 800-877-8339
ocr@ed.gov

California Coalition Against Sexual Assault
1215 K. Street, Suite 1850
Sacramento, CA 95814
916-446-2520

California Coalition Against Sexual Assault Website

1. Domestic and Family Violence, Office of Justice Programs, United States Department of Justice: Intimate Partner Violence
2. National Institute of Justice: Intimate Partner Violence, Office of Justice Programs, United States Department of Justice
3. National Domestic Violence Hotline Website and phone number 1-800-799-SAFE (7233)
4. Office of Violence against Women, United States Department of Justice
5. Centers for Disease Control and Prevention: Intimate Partner Violence

Local Community Resource Information:

• Chico State WellCat Safe Place
  400 West First Street
  Chico, CA 95929–0261
  530-898-3030
• Butte College Safe Place
  3536 Butte Campus Drive
  Oroville, CA 95965
  530-879-6185

Student Complaint Procedure (Complaints Regarding the CSU)

Students who believe they have been negatively impacted by unfair policies or practices at Chico State may bring their concerns to Student Rights and Responsibilities, SSC 180, 530-898-6897. The office is available to provide students the opportunity to resolve problems arising from actions taken on behalf of Chico State in a fair, uniform, and orderly manner. Most student complaints can be resolved on an informal basis by the office. Should the situation be unresolvable through informal means, the student may file a Notice of Complaint (EM 20-013).

The California State University (CSU) takes very seriously complaints and concerns regarding the institution. If you have a complaint regarding the CSU, you may present your complaints as follows:

1. If your complaint concerns CSU,'s compliance with academic program quality and accrediting standards, you may present your complaint on the Western Association of Schools and Colleges (WASC) website. WASC is the agency that accredits the CSU's academic program.
2. If your complaint concerns an alleged violation by CSU of any law that prohibits discrimination, harassment or retaliation based on a protected status (such as age, disability (physical or mental), gender (or sex), gender identity, gender expression, nationality, race or ethnicity (including color, caste, or ancestry), religion (or religious creed), or veteran or military status, you may present your complaint as described in Section XVI (Interim Nondiscrimination Policy).
3. If your complaint concerns an alleged violation by the CSU of other state law, including laws prohibiting fraud and false advertising, you may present your complaint to the university president or designee. See the Student/Applicant Complaint Procedure for Alleged Violations of State Law Not Covered by Another CSU Complaint Procedure—Executive Order No. 1063 for details regarding the complaint requirements and complaint process.
4. Other complaints regarding the CSU may be presented to the university dean of students (or other appropriate administrator), who will provide guidance on the appropriate university process for addressing your particular issue.

If you believe that your complaint warrants further attention after you have exhausted all the steps outlined by the university, or by WASC, you may file an appeal with the Assistant Vice Chancellor, Academic and Student Affairs (or designee) at the CSU Chancellor's Office.

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

Student Conduct

Inappropriate conduct by students or applicants for admission is subject to discipline as provided in Sections 41301 through 41304 of Title 5, California Code of Regulations.

Title 5, California Code of Regulations, § 41301. Standards for Student Conduct

University Community Values

Grounds for Student Discipline

The following are the grounds upon which student discipline can be based:

1. Dishonesty, including:
   • Cheating, plagiarism, or other forms of academic dishonesty that are intended to gain unfair academic advantage.
   • Furnishing false information to a university official, faculty member, or university office.
   • Forgery, alteration, or misuse of a university document, key, or identification instrument.
   • Misrepresenting one's self to be an authorized agent of the university or one of its auxiliaries.
2. Unauthorized entry into, presence in, use of, or misuse of university property.
3. Willful, material and substantial disruption or obstruction of a university-related activity, or any on-campus activity
4. Participating in an activity that substantially and materially disrupts the normal operations of the University, or infringes on the rights of members of the University community.
5. Willful, material and substantial obstruction of the free flow of pedestrians or other traffic, on or leading to campus property or an off-campus University related activity.
6. Disorderly, lewd, indecent, or obscene behavior at a university related activity, or directed toward a member of the University community.
7. Conduct that threatens or endangers the health or safety of any person within or related to the university community, including physical abuse, threats, intimidation, harassment, or sexual misconduct.
8. Hazing or conspiracy to haze. Hazing is defined as any method of initiation or pre- initiation into a student organization or student body, whether or not the organization or body is officially recognized by an educational institution, which is likely to cause serious bodily injury to any former, current, or prospective student of any school, community college, college, university or other educational institution in this state (Penal Code 245.6), and in addition, any act likely to cause physical harm, personal degradation or disgrace resulting in physical or mental harm, to any former, current, or prospective student of any school, community college, college, university or other educational institution. The term "hazing" does not include customary athletic events or school sanctioned events. Neither the express or implied consent of a victim of hazing, nor the lack of active participation in a particular hazing incident is a defense. Apathy or acquiescence in the presence of hazing is not a neutral act and is also a violation of this section.
9. Use, possession, manufacture, or distribution of illegal drugs or drug- related paraphernalia, (except as expressly permitted by law and university regulations) or the misuse of legal pharmaceutical drugs.
10. Use, possession, manufacture, or distribution of alcoholic beverages (except as expressly permitted by law and university regulations), or public intoxication while on campus or at a university related activity.
11. Theft of property or services from the university community, or misappropriation of university resources.
12. Unauthorized destruction or damage to university property or other property in the university community.
13. Possession or misuse of firearms or guns, replicas, ammunition, explosives, fireworks, knives, other weapons, or dangerous chemicals (without the prior authorization of the university president) on campus or at a university related activity.
14. Unauthorized recording, dissemination, or publication of academic presentations (including handwritten notes) for a commercial purpose.
15. Misuse of computer facilities or resources, including:
    • Unauthorized entry into a file, for any purpose.
    • Unauthorized transfer of a file.
    • Use of another's identification or password.
    • Use of computing facilities, campus network, or other resources to interfere with the work of another member of the University Community.
    • Use of computing facilities and resources to send obscene or intimidating and abusive messages.
    • Use of computing facilities and resources to interfere with normal university operations.
    • Use of computing facilities and resources in violation of copyright laws.
    • Violation of a university computer use policy.
16. Violation of any published university policy, rule, regulation or presidential order.
17. Failure to comply with directions or, or interference with, any university official or any public safety officer while acting in the performance of their duties.
18. Any act chargeable as a violation of a federal, state, or local law that poses a substantial threat to the safety or well-being of members of the university community, to property within the university community or poses a significant threat of disruption or interference with university operations.
19. Violation of the Student Conduct Procedures, including:
    • Falsification distortion, or misrepresentation of information related to a student discipline matter.
    • Disruption or interference with the orderly progress of a student discipline proceeding.
    • Initiation of a student discipline proceeding in bad faith.
    • Attempting to discourage another from participating in the student discipline matter.
    • Attempting to influence the impartiality of any participant in a student discipline matter.
    • Verbal or physical harassment or intimidation of any participant in a student discipline matte
    • Failure to comply with the sanction(s) imposed under a student discipline proceeding.
20. Encouraging, permitting, or assisting another to do any act that could subject him or her to discipline.

Procedures for Enforcing This Code

The chancellor shall adopt procedures to ensure students are afforded appropriate notice and an opportunity to be heard before the university imposes any sanction for a violation of the Student Conduct Code. [Note: At the time of publication, such procedures are set forth in the California State University Student Conduct Procedures Policy (Revised October 6, 2023).

Application of This Code

Sanctions for the conduct listed above can be imposed on applicants, enrolled students, students between academic terms, graduates awaiting degrees, and students who withdraw from school while a disciplinary matter is pending. Conduct that threatens the safety or security of the university community, or substantially disrupts the functions or operation of the university is within the jurisdiction of this Article regardless of whether it occurs on or off campus. Nothing in this Code may conflict with Education Code Section 66301 that prohibits disciplinary action against students based on behavior protected by the First Amendment.

Title 5, California Code of Regulations, § 41302. Disposition of Fees: University Emergency; Interim Suspension

The president of the university may place on probation, suspend, or expel a student for one or more of the causes enumerated in Section 41301. No fees or tuition paid by or for such student for the semester, quarter, or summer session in which the student is suspended or expelled shall be refunded. If the student is readmitted before the close of the semester, quarter, or summer session in which the student is suspended, no additional tuition or fees shall be required of the student on account of the suspension.

During periods of emergency, as determined by the president of the individual university, the president may, after consultation with the chancellor, place into immediate effect any emergency regulations, procedures, and other measures deemed necessary or appropriate to meet the emergency, safeguard persons and property, and maintain educational activities.

The president may immediately impose an interim suspension in all cases in which there is reasonable cause to believe that such an immediate suspension is required in order to protect lives or property and to insure the maintenance of order. A student so placed on interim suspension shall be given prompt notice of charges and the opportunity for a hearing within 10 days of the imposition of interim suspension. During the period of interim suspension, the student shall not, without prior written permission of the president or designated representative, enter any of the CSUs other than to attend the hearing. Violation of any condition of interim suspension shall be grounds for expulsion.

Civil and Criminal Penalties for Violation of Federal Copyright Laws

Anyone who is found to be liable for copyright infringement may be liable for either the owner's actual damages along with any profits of the infringer or statutory damages of up to $30,000 per work infringed. In the case of a willful infringement, a court may award up to $150,000 per work infringed. (See 17 U.S.C. §504.) Courts also have discretion to award costs and attorneys' fees to the prevailing party. (See 17 U.S.C. §505.) Under certain circumstances, willful copyright infringement may also result in criminal penalties, including imprisonment and fines. (See 17 U.S.C. §506 and 18 U.S.C.§2319.)

Availability of Institutional and Financial Assistance Information

The following information concerning student financial assistance may be obtained from the Financial Aid and Scholarship Office, Student Services Center (SSC) 250, 530-898-6451:

• A description of the federal, state, institutional, local, and private student financial assistance programs available to students who enroll at Chico State;
• For each aid program, a description of procedures and forms by which students apply for assistance, student eligibility requirements, criteria for selecting recipients from the group of eligible applicants, and criteria for determining the amount of a student's award;
• A description of the rights and responsibilities of students receiving financial assistance, including federal Title IV student assistance programs, and criteria for continued student eligibility under each program;
• Provide information to students about the institution's satisfactory academic progress standards that students must maintain to receive financial assistance and criteria by which a student who has failed to maintain satisfactory progress may reestablish eligibility for financial assistance (appeals process);
• The method by which financial assistance disbursements will be made to students and the frequency of those disbursements;
• The way the school provides for Pell-eligible students to obtain, or purchase required books and supplies by the seventh day of a payment period and how the student may opt out;
• The terms of any loan received as part of the student's financial aid package, a sample loan repayment schedule, and the necessity for repaying loans;
• The general conditions and terms applicable to any employment provided as part of the student's financial aid package;
• The terms and conditions of the loans students receive under the Direct Loan Program;
• The exit counseling information the school provides and collects for student borrowers; and
• Contact information for university offices available for disputes concerning federal, institutional and private loans.

Information concerning the cost of attending Chico State is available from the Financial Aid and Scholarship Office, SSC 250, 530-898-6451, and includes tuition and fees; the estimated costs of books and supplies; estimates of typical student housing, food, and transportation costs; and, if requested, additional costs for specific programs.

Information concerning the refund policies of Chico State for the return of unearned tuition and fees or other refundable portions of institutional charges is available from Student Financial Services, SSC 230, 530-898-5936.

Information concerning policies regarding the return of federal Title IV student assistance funds as required by regulation is available from the Financial Aid and Scholarship Office, SSC 250, 530-898-6451.

Information regarding special facilities and services available to students with disabilities may be obtained from the Accessibility Resource Center, SSC 170, 530-898-5959.

Information concerning Chico State policies, procedures, and facilities for students and others to report criminal actions or other emergencies occurring on campus may be obtained from University Police, PS02 111, 530-898-5555.

Information concerning Chico State annual campus security report and annual fire safety report may be obtained from University Police, PS02 111, 530-898-5555.

Information concerning the prevention of drug and alcohol abuse and rehabilitation programs may be obtained from WellCat Prevention, SUTR 532N, 530-898-6450.

Information regarding student retention and graduation rates at Chico State and, if available, the number and percentage of students completing the program in which the student is enrolled or has expressed interest may be obtained from the Office of the Registrar, SSC 110, 530-898-5142.

Information concerning athletic opportunities available to male and female students and the financial resources and personnel that Chico State dedicates to its men’s and women’s teams may be obtained from Intercollegiate Athletics, AGYM 135, 530-898-6470.

Information concerning teacher preparation programs at Chico State, including the pass rate on teacher certification examinations, may be obtained from Liberal Studies, THMA 211A, 530-898-5802 or the School of Education, THMA 222, 530-898-6421.

Information concerning grievance procedures for students who feel aggrieved in their relationships with the University, its policies, practices, and procedures, or its faculty and staff may be obtained from Student Rights and Responsibilities, SSC 180, 530-898-6897.

Information concerning student activities that Chico State provides must be easily accessible at www.csuchico.edu.

Information concerning student body diversity at Chico State, including the percentage of enrolled, full-time students who are (1) male, (2) female, (3) Pell Grant recipients, and (4) self-identified members of a specific racial or ethnic group, must be obtained from Institutional Research and Strategic Analytics, BUTE 613, 530-898-5623.

The federal Military Selective Service Act (the “Act”) requires most males residing in the United States to present themselves for registration with the Selective Service System within 30 days of their 18th birthday. Most males between the ages of 18 and 25 must be registered.

Selective Service registration forms are available at any U.S. Post Office, and many high schools have a staff member or teacher appointed as a Selective Service Registrar. For more information on the Selective Service System and to initiate the registration process, visit the official Selective Service System website.

Information About Career Placement of Graduates

The Career Center, SSC 270, 530-898-5253, or University Advancement may furnish, upon request, information about the employment of students who graduate from programs or courses of study preparing students for a particular career field. Any such data provided must be in a form that does not allow for the identification of any individual student. This information includes data concerning the average starting salary and the percentage of previously enrolled students who obtained employment. The information may include data collected from graduates of the university or graduates of all universities in the California State University system.